1990/04/24City Hall. Anaheim. California - COUNCIL MINUTES - April 24, 1990, 5;30 P,M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler, Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: ASSISTANT CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ZONING ADMINISTRATOR: Anntka Santalahtt
TRAFFIC ENGINEER: Paul Singer
HUMAN RESOURCES DIRECTOR: Dave Morgan
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:30 p.m. on April 20, 1990 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 4:00 p.m.
REQUEST FOR CLOSED SESSION; City Attorney Jack White requested a Closed
Session to consider the following items:
d. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To consider and take possible action upon such other matters as
are orally announced by the City Attorney, City Manager or City
Council prior to such recess unless the motion to recess indicates
any of the matters will not be considered in closed session.
AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting. (6:26
P.M.)
INVOCATION; A Moment of Silence was observed.
FLAG SALUTE: Councilman William Ehrle led the assembly in the Pledge of
Allegiance to the Flag.
119; PRESENTATION - CHARTER REVIEW COMMITTEE; Expressing appreciation to
Members of the 1989-90 Charter Review Committee. Mayor Hunter and Council
Members personally commended each Member of the Charter Review Committee for
their dedication and the extensive time and effort in reviewing the entire
City Charter and making subsequent recommendations for possible placement on
the November 1990 ballot. The Members were presented with a plaque of
appreciation. Those present were Chairman Joanne Barnett, Vice Chairman Mitch
Caldwell, Dr. Janice Billings, Floyd Farano, A1 Peraza, Maggie Carrtllo Meja.
Those unable to attend - Wiley Aitken, Beth Fujishtge, Dr. Ken Heuler, Rtta
Robinson.
Joanne Barnett, Chairman of the Committee, speaking on behalf of the Members
stated it was one of the finest com~ittees the Members had served on. The
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City Hall, Anaheim. California - COUNCIL MINUTES - April 24, 1990, 5:30 P,M.
group came from diverse backgrounds and while at times it may have been
difficult, it was a great pleasure to have served in such an important
capacity. They thanked the Council for the opportunity to have served.
119; PRESENTATION - ANTI-GRAFFITI AWARD: Mayor Hunter presented a check for
$500 to James Devinney, his reward for the assistance he rendered the Police
Department leading to the arrest and conviction of a suspect who was caught in
the act of defacing the City with graffiti. Mayor Hunter and Council Members
personally commended Mr. Devinney for his courage and for doing his part in
helping to rid the City of the blight of graffiti. Jeanne Fox (unable to be
present) was also awarded a $500 reward for her role in the apprehension and
conviction of a suspect.
119; PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council.
Victim's Rights Week in Anaheim, April 22 - 28, 1990
Youth Service Day in Anaheim, April 27, 1990
Susan Perdue, Supervisor, Law Enforcement Assistance, accepted the
Proclamation for Victim's Rights Week in Anaheim and Marian Balero,
Chairperson, Anaheim Youth Commission, accepted the Proclamation for Youth
Service Day in Anaheim.
119. DECLARATION OF COMMENDATION: A Declaration of Commendation was
authorized by the City Council commending Zach Cooper, Canyon High School
Wrestling Champion, on achievement in sports and academic excellence.
Mayor Hunter commented that he did well on the S.A.T. and maintained a very
high GPA and must choose between Harvard and Stanford for further education.
Mr. Cooper was not present to accept the Declaration of Commendation.
119; DECLARATION OF RECOGNITION; A Declaration of Recognition was
unanimously adopted by the City Council recognizing Penny John, R.D.A., as
outgoing President of the California Dental Assistants Association, Inc.
119; DECLARATION OF WELCOME: A Declaration of Welcome was unanimously
adopted by the City Council welcoming the American Mensa National Convention
to Anaheim June 28 July 1, 1990.
119; DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to City Manager Bob
Simpson upon his retirement from the City. Mayor Hunter, on behalf of the
Council, the City and its citizens, commended Bob, not only on his
accomplishments during his tenure as City Manager, but also for his 35 years
of service, first to the Los Angeles community where he began his career as a
fire fighter and then on his service to the Anaheim community where he served
first as Fire Inspector, then Fire Chief and finally as City Manager since
1987.
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City Hall. Anaheim.~altfornia - COUNCIL MINUTES - ADril 24. 1990. 5:30 P,M.
City Manager Bob Simpson. He thanked all those who had shared his career with
him and especially thanked his wife, Mary. He again echoed his sentiment that
he was pleased to have had the best seat in the house for a very long time.
119; PRESENTATION - INITIAL STUDY FINDINGS - KATELLA SUPER STREET PROJECT -
ORANGE COUNTY TRANSPORTATION COMMISSION ; Initial study findings on Katella
Super Street Project by the Orange County Transportation Commission (OCTC).
Mr. Arya Rohant, OGTG, first thanked the Gounctl for the opportunity to be
present to bring them up to date on the subject project and its progress and
to present the preliminary improvement recommendations. He then gave a brief
overview of Super Street projects in general, what they are and what needs to
be done in order for a roadway to be classified as a Super Street. In
particular he briefed the proposed Katella Super Street Project, Katella being
one of three streets concurrently being studied - Katella Avenue, Imperial
Highway and Moulton Parkway. Upon completion of the feasibility studies, the
Commission is expected to select only one of those projects for implementation
unless more funds become available. The Katella study started in October of
1989. He then explained what had been accomplished thus far. The Commission
will be coming back to the Council in approximately two months to get
Council's approval of the proposed improvements. After his presentation, Mr.
Rohani introduced the Deputy Project Manager to give a more detailed review of
the improvements that will take place in the City of Anaheim.
Mr. A1 Needham, Edwards and Kelsey. He basically briefed the documents
submitted - Katella Avenue Super Streets Study, Project update, April 16, 1990
(made a part of the record) which included the study objectives, study area,
problem and improvement identification, including the specific improvements
proposed in the City of Anaheim, improvement phasing, etc.
Following the presentations, Council Members briefly posed questions for
purposes of clarification relative to the proposed project. Subsequently,
Mayor Hunter thanked both Misters Rohani and Needham for keeping the Council
apprised of the status of the Super Street Project. The Council will look
forward to the opportunity to review the draft final report.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the adjourned
regular meeting of March 2, 1990 and the adjourned regular meeting of March
10, 1990. Councilman Hunter seconded the motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,944,602.71 for the week
ending April 20, 1990, in accordance with the 1989-90 budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Hunter, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Councilman Pickler offered
Resolution Nos. 90R-124 through 90R-126, both inclusive, for adoption.
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City Hall. Anaheim. California - COUNCIL MINUTES - April 24. 1990. 5:30 P.M.
Al. 118: The following claims were filed against the City and action taken
as recommended.
a. Claim submitted by Stacey Anne Hayes for property damage
sustained purportedly due to actions of the City on or about January 27, 1990.
b. Claim submitted by Robert M. Hays for property damage sustained
purportedly due to actions of the City on or about March 27, 1990.
c. Claim submitted by Tony Garcia for bodily injury sustained
purportedly due to actions of the City on or about January 21, 1990.
A2. 105: Receiving and filing minutes of the Senior Citizens Commission
meeting held March 8, 1990.
105: Receiving and filing minutes of the Community Services Board meeting
held March 8, 1990.
105: Receiving and filing minutes of the Public Utilities Board meeting held
March 15, 1990.
107: Receiving and filing the Statistical Report Summary ending March 31,
1990, from the Building Division.
175: Receiving and filing correspondence from the California Public Utilities
Commission (CPUC) regarding an application (known as the Modified 1991
Operational Attrition) filed by Southern California Edison to increase the
level of base rate revenues by $234.8 million.
144.OCTD: Receiving and filing a notice of public hearing regarding Orange
County Transit District's potential changes in fares to be held in the Board
Hearing Room at the Ralph B. Clark Administration Building, 11222 Acacia
Parkway, Garden Grove, at 9:00 a.m. on May 7, 1990.
A3. 175: Approving Contract Change Order No. 1, in the amount of $66,919 in
favor of McCalla Brothers, (bringing the original price of the contract up to
$327,666) for Rehabilitation of Wells 12, 18, 20, 26, 35 and 105.
A4. 150: Approving Contract Change Order No. 1 in the amount of $34,065 in
favor of Randle Enterprises, Inc., (bringing the original price of the
contract to $190,865) for La Palma Park Special Events Center.
AS. 150: Awarding the contract to the lowest and best responsible bidder, J.
H. Rives Company, in the amount of $243,295 for Brookhurst, ModJeska and
Ponderosa Parks Maintenance Facility Improvements.
106/150: Approving an additional appropriation in Accounts 16-821-7107 for
$65,000 and 16-818-7107 for $25,000 from the Park Sites and Playground fund
balance.
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City HAL1, Anaheim. California - COUNCIL MINUTES April 24. 1990. 5;30 P,M,
A6. 158: Authorizing the payment of $9,166 to Omy A. Jackson, the owner,
pursuant to agreement on file, for the cost of replacement of the sign located
at 800 North Anaheim Boulevard - North Anaheim Boulevard Street Widening
Project R/W 3500-62.
A7. 158: Authorizing the payment of $3,750 to Patrtcta H. Chappell, the
owner, pursuant to agreement on file, for the cost of replacement of the sign
located at 808 North Anaheim Boulevard - North Anaheim Boulevard Street
Widening Project R/W 3500-64.
AS. 160: Accepting the low bid of Morrison Industries, in the amount of
$67,953.25 for four brush chippers, in accordance with bid #4831.
A9. 160: Accepting the low bid of Pacific Equipment Company, in the amount
of $30,435.31 for one Layton Super-Paver, in accordance with bid ~4823.
Al0. 160: Accepting the low bid of Power Structures, Inc., in the amount of
$82,800.55 for five 80-foot tubular steel 69KV riser poles including five sets
of anchor bolts, in accordance with bid #4788.
Ail. 160: Accepting the low bid of Maydwell and Hartzell, Inc., in the
amount of $47,368.80 for 1,728 single phase meters, in accordance with bid
#4803.
Al2. 160: Waiving Council Policy No. 306 and authorizing the Purchasing
Agent to issue a purchase order to American Seating Corporation, in the amount
of $66,595.76 for 794 new seats required at the Anaheim Stadium.
Al3. 128: Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for eight months ended February 28, 1990.
Al4, 161,157; RESOLUTION NO. 90R-124: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM CONSENTING TO AND CALLING A JOINT PUBLIC HEARING ON THE
PROPOSED REDEVELOPMENT PLAN FOR THE PLAZA REDEVELOPMENT PROJECT. (Public
hearing date - June 5, 1990.)
Al5. 123: Approving an Affordable Housing Agreement with A and G
Incorporated for 2 affordable apartment units (out of a 22 unit apartment
project) on property located at 318 South Lemon Street (in connection with
Variance No. 3899).
Al6. 170: Petition submitted by Patrick L. Meredith, for a Lot-Line
Adjustment on the rear of property located at 6749 East Kentucky Avenue;
abutting Oak Canyon Nature Center.
PETITION FOR LOT-LINg ~DJUSTMENT - 6749 EAST KENTUCKY AVENUE (MEREDITH):
Petition submitted by Patrick L. Meredith for a Lot-Line Adjustment on the
rear property located at 6749 East Kentucky Avenue abutting Oak Canyon Nature
Center. Submitted was report dated April 17, 1990 from Chris Jarvt, Director
of Parks, Recreation and Community Services, recommending that the Council
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City Hall, Anaheim, California - COUNCIL MINUTES - April 24, 1990, 5;30 P,M,
deny the petition. Also submitted was petition to Anaheim City Council for
Lot-Line Adjustment on behalf of Patrick Meredith. The petition was submitted
by Stanley Jensen, Attorney for the petitioner.
Assistant City Manager James Ruth announced that Mr. Jensen had requested to
speak.
Mr. Stanley Jensen, Attorney, 121 North State College, Suite 10, Anaheim
92805. He referred to the document previously submitted to the Council which
explained the circumstances of his client's request. The Director of Parks
and Recreation is amenable to an Encroachment Permit to permit the Merediths
to keep the existing decking in place; however, such a permit is subject to
revocation at the whim of the Department. It is not the solution the
Merediths would like. The value of the property would be much less with an
Encroachment Permit than with a Lot-Line Adjustment. The most important part
of the decking is the part encroaching on the Nature Center. The Merediths
are innocent victims and the proposed Lot-Line Adjustment will not affect
anyone but them. There is no court action the Merediths can take if the City
denies the Lot-line Adjustment. The Council should grant the petition for the
Lot-Line Adjustment.
Mayor Hunter. The property in question is part of the Oak Canyon Nature
Center. An Encroachment License has been offered to all the other home
owners, which will allow the improvements to remain in place. At the time the
property is sold, the License may or may not be continued to the next home
owner. It is not reasonable to allow encroachment into the Nature Center.
City Attorney Jack White. He explained for Councilman Pickler that, relative
to an Encroachment Permit, it is an agreement granting a license to encroach
that would be terminable by the City for any reason, upon 30 days notice.
Some of the encroaching parties that were discovered when the property was
surveyed by the City have agreed to enter into those License Agreements. The
others, other than the Merediths, have agreed to remove their encroachments.
This is the last remaining piece of property that needs to be dealt with. If
the City subsequently wants to revoke the permit or have the encroachment
removed, it would be brought to the appropriate City Department which would
undoubtedly bring the matter to the Council and the Council would authorize
notice to be sent to the property owner giving 30 days notice to remove the
encroachments.
Councilman Pickler. He asked the question so that Mr. Jensen would be
apprised that the Parks Department or any department would not Just go in and
ask that the encroachments be removed, but the home owner would have the
opportunity to come before the Council.
Stanley Jensen. The Meredtths would not know when it was going to happen.
They cannot live on their property with the peace of mind they could have if
they were granted a Lot-Line Adjustment.
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City Hall, Anaheim. California - COUNCIL MINUTES - April 24. 3990, 5;30 P,M,
Councilwoman Kaywood. She emphasized that the property in question is Oak
Canyon Nature Center, property which belongs to the City. It is a very
precious open space area. She agrees with the staff recommendation. If the
Merediths want to file for an Encroachment Permit Just as the other property
owners have done, it will give them an opportunity to leave their improvements
as is. She would also have a strong objection to anyone selling the property
to another party and thereby re-selling the City's land and getting more money
for it. It is not appropriate.
Mr. Jensen stated that the Meredtths would be willing to pay whatever the
property is worth; Councilwoman Kaywood. She reiterated it is still the Oak
Canyon Nature Center's property and she would not be amenable to that.
At the conclusion of discussion the recommendation submitted by staff to deny
the petition for lot line adjustment was allowed to remain on the consent
calendar and was upheld when the calendar motions were voted.
Al7. 123/106: Approving an agreement with Anaheim Cinco de Mayo Committee
for the promotion of the Nineteenth Annual Cinco de Mayo Fiesta from May 3
through May 6, 1990; and allocating $5,000 in Council Contingency Funds to
program 279 for entertainment expenses related to the Fiesta.
Al8. 123: Approving a First Amendment to Agreement with the law firm of Beam
and Brobeck, for attorney services; and authorizing the City Attorney to sign
the amendment on behalf of the City.
Al9. 123: Approving an agreement with Superior Ambulance, Inc., for the
provision of standby ambulance service at Anaheim Stadium (at $33 per hour for
services), and authorizing the Mayor to sign on behalf of the City.
A20. 123: Approving an agreement with Orange County Flood Control District
for a 90-day Extension of the Parking Concession Agreement with the County of
Orange for arena parking.
A21. 153: A Resolution amending Personnel Rule 23 as set forth in Resolution
No. 88-166 and adopting new personnel Rule 33 pertaining to Post Retirement
Medical Benefits.
This item was removed from the Consent Calendar for discussion.
A22. 158: RESOLUTION NO. 90R-125: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
A23, 158; RESOLUTION NO. 90R-126: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the Assistant City Manager. (Resolution Nos. 90R-124 through 90R-126,
both inclusive)
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City Ha%%, ~naheSm. California - COUNCIL MINUTES - April 24, 1990, 5;30 p,M,
Councilman Pickler moved to waive the reading in full of the resolutions.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution Nos. 90R-124 through 90R-126, both
inclusive, for adoption.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution Nos. 90R-124 through 90R-126, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDAR.
A21. 153: POST RETIREMENT MEDICAL BENEFITS FOR NON REPRESENTED EMPLOYEES:
Amending Personnel Rule No. 23 as set forth in Resolution No. 88R-166 and
adopting new Personnel Rule No. 33 pertaining to Post Retirement Medical
Benefits. Submitted was report dated April 17, 1990, from the Human Resources
Director, Dave Morgan, recommending the establishment of the subject benefit.
Assistant City Manager James Ruth announced that representatives were present
to speak on this item.
Sharon Ericson, President, Anaheim Municipal Employees Association (AMEA).
She is present to express concern in that the proposal is giving retirement
benefits to unrepresented employees and not giving them to the represented
employees. This includes active and inactive employees. It is an emotional
issue for the AMEA. Most of the present Council Members were not on the
Council in 1984 when the Fire Department had a contract imposed on them which
caused everyone to end up with lesser retirement benefits. Those that were
employed after 1984 or 1985 had no retirement medical benefits. They thought
each and every group was going to receive the same benefits. The story was
the City could no longer afford to pay for the benefits and because they were
afraid they were going to get contracts imposed on them (AMEA), gave in and
took the new retirement benefits.
About a year later they found out that the IBEW (International Brotherhood of
Electrical Workers) did not have to accept the retirement benefits. She does
not want to see them lose those benefits. The City is proposing to once again
"slap them in the face" and give retirement medical benefits to Management and
Confidential Employees. She understands this would even include the Council.
She cannot believe the Council would want to take retirement medical benefits
when over 800 of her people will not receive them. That does not count Fire
and Police. After this year's negotiations with IBEW, it turns out they still
have the better benefits. She sent a letter to the chief negotiator
requesting that negotiations be re-opened to discuss benefits, but was flatly
refused. She was told they were working on something that might benefit all
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Citw Ha%t, Anaheim. Galifornta - COUNCIL MINUTES - April 24. 1990. 5:30 P,M,
the employees, but little did she know it was only going to benefit the
unrepresented employees. She feels AMEA employees, for whom she is speaking,
are the hardest working. They work side by side with IBEW and get lesser
benefits. She feels it is discriminatory to give one group one thing and any
other group another.
Over the last ten years there have been an average 50 retirees per year.
the current rate for the retiree medical benefits the City has to pay, it
would cost $69,000 per year and with a total City budget of approximately
$500,000,000, this would represent one tenth of one percent of the yearly
budget. She urged the Council to treat all employees fairly.
With
Michael Harberberger, Senior Staff Representative with AMEA. There will be
collective bargaining with representatives of City management in the upcoming
months. They are very concerned that they are being set up and led dow~n the
wrong path with medical coverage for retired City employees. This has been a
continuing issue that is very important to the 800 employees they represent.
Looking at the study that the staff of the City conducted along with Mercer
Metdinger, he ran some of the conclusions by a representative of the Public
Employee Retirement System (PERS). It is his opinion that the results of the
study skew the costs for the plan so they look higher than the actual costs
would be. It assumed all retirees would be under the basic plan. There is
also a supplemental plan. The other assumption made was that 100% of retired
members would sign up. Both of those assumptions skew the costs to the City
up to the high end. They are very much concerned about parity. Although the
plan is a step in the right direction, it continues to not provide adequate
medical coverage for retired City employees. Representatives from City
management will be hearing their arguments in detail at the bargaining table.
The bottom line - City employees deserve to be treated fairly.
Ron Bengoshea, 1751 South Nutwood. He is a member of IBEW. The statement was
made that in 1984 the City made drastic cuts in medical retirement. It was
proposed to all four of the major bargaining units and IBEW fought to maintain
the benefits. In the course of doing so, it is necessary to trade one thing
for another. This was the last item on the bargaining table in 1984, 1986 and
1989. IBEW has fought hard to keep the benefit. He concurs with AMEA, Police
and Fire that medical retirement is important to all employees. The City did
not give the IBEW something - they are paying for it by three percent of their
base pay. Through the course of bargaining, if something is made available to
some, it should be made available to other units as well.
Mayor Hunter asked to hear from the Human Resources Director. It is his
understanding in talks with the Director that the proposal was originally put
forth as some type of blueprint or model.
Dave Morgan, Human Resources Director. He first acknowledged that was
correct. The proposal before the Council is for management and unrepresented
employees. It is important to bring to the Council's attention that this very
proposal is a topic of discussion with AFA (Anaheim Fire Fighters Association)
and they fully expect it to be a topic of discussion with AMEA. Changes in
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City 8a~l, ~nah~tm. California - COUNCIL MINUTES - April 24. 1990, 5;30 ~,M,
wages and benefits for bargaining unit employees need to go through the meet
and confer process and that is the forum to discuss changes for those
particular groups. As discussed with Labor Relations, they fully expect this
to be an issue. They are not necessarily opposed to some conformity in the
benefits offered to different employees. When bargaining units talk about
parity, there are other places where there is not parity that they are not
bringing to the Council's attention and those are the topics of the give and
take of the negotiation process.
Mayor Hunter. If the Council implements this item for non-represented
employees tonight, he is concerned that it is not used as a bargaining chip in
negotiations. If they are going to use the word parity and a level playing
field, this benefit ought to be offered openly to the other bargaining units
and not used as a chip. Ron Bengoshea mentioned that IBEW realized they got
the "big end of the stick" on post retirement medical benefits, but it cost
three percent of their base pay to bring the situation down to what the same
playing field ought to be. It is going to be difficult for him to vote
himself post retirement medical benefits without first voting it for the
employees.
Councilman Ehrle. He concurs on a couple of points. Some former
Councilmembers have received retirement benefits. The key word is parity.
would like to move in that direction for City employees so that there is
parity and although it will be expensive, it is one of the most important
things to maintain the highest potential benefits for City employees. Those
who take care of the parks, streets, the secretaries, etc. are as important as
the management team. It is heading in the right direction and this is a
starting point and blueprint. It is an item that is always on the negotiating
table. He supports the recommendation from staff but also feels it should be
made a bargaining chip down the road. It is something they are going to have
to look at for all employees.
Dave Morgan. The Council has the right and privilege to set the negotiating
policy as they see fit. The proposal is a step towards more parity or equity
in the system. One of the key features this offers is that all employees in
this group will be offered the same benefit. Prior to this, employees hired
after 1984 do not have access. This proposal is consistent with some of the
Council's goals as far as trying to get equity into the system.
Councilman Daly. He feels staff has done a fine job packaging the proposal.
It is an expansion of an existing benefit. One employee group has it now. He
believes it signals the City's intentions. If there is an argument that says
they should hold off and not expand the benefit at this time and wait for some
unknown outcome of a future bargaining session, he will entertain that.
However, staff has put together a solid package. They are conveying a very
important and crucial post retirement benefit to many hundreds of additional
City employees with this recommendation. This particular issue has a long
history in Anaheim. Groups must be accountable to themselves and the people
they represent. This clearly is a signal that they believe in this kind of
benefit for all of the employees. What is discussed in the collective
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Hall. Anaheim. California - COUNCIL MINUTES - April 24. 1990. 5:30 P,M.
bargaining process is best left to that process and not a Council meeting. He
is prepared to support the recommendation tonight.
Mayor Hunter. He emphasized it is necessary to be up front with all employees
and that that package is not going to be used as a bargaining chip. With
parity in a level playing field this is going to be unequivocally offered to
all employees of the City. The only way to have a level playing field is to
get the bargaining units to agree and take it completely off the table. He
feels they should not vote on this tonight and continue to look at it. It
should be put on the table for everybody and not used as a bargaining chip.
Councilman Daly. Then it will be an item to be bargained in each and every
collective agreement. In the world of collective bargaining it is either an
issue to be bargained for or not. There is no gray area. The fact is certain
employees do not have it right now and they will bargain for it.
Sharon Ericson. One employee group has it. One way to get around this is to
bargain benefits together. They are all the same people. She feels the Human
Resources Director has worked hard to try to come up with something but it is
still not close to what IBEW has.
Councilman Daly. This is not to her (Ericson's) liking so she is speaking to'
it at a Council meeting. They are either going to have real collective
bargaining or not. It is not appropriate to be doing this at a Council
meeting and he will not be a party to it.
Mayor Hunter. Parity in this issue is going to be very difficult unless and
until all the bargaining units get together on this issue and get it decided
whether it is time to bargain or not. He reiterated if it is used as a chip
and goes up and down this issue will never have parity in the City.
A Mr. Ed Bentley asked who bargains for management. Management designed the
system of retirement. They are bargaining for themselves and they brought
this to the Council. IBEW gave up three percent. He questioned what
management was giving up to get this benefit.
MOTION; Councilwoman Kaywood moved to have this item removed and referred
back to staff at this time. Councilman Hunter seconded the motion. MOTION
CARRIED.
176; PUBLIC HEARING - ABANDONMENT NO. 88-21A: In accordance with application
filed by Hill Williams Development Corporation, 5500 East Santa Aha Canyon
Road, Suite 251, Anaheim 92807, public hearing was held on proposed
abandonment of certain easements for storm drain and hiking and equestrian
purposes located between Old Bridge Road and Country Hill Road, generally
south of Santa Aha Canyon Road, pursuant to Resolution No. 90R-79, duly
published in the Anaheim Bulletin and notices thereof posted in accordance
with law.
Report of the City Engineer submitted March 21, 1990 recommended approval of
said abandonment.
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C~y Ha~l, Anaheim. California - COUNCIL MINUTES - April 24. 1990. 5:30 P.M,
Mayor Hunter asked if anyone wished to address the Council; there being no
response he closed the public hearing.
ENVIRONM~NT~L IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council determined that the
proposed activity falls within the definition of Section 3.01, Class 5 of the
City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirement to file an
Environmental Impact Report. MOTION CARRIED.
WAIVER OF READING RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-127)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-127 for adoption, approving
Abandonment No. 88-21A. Refer to Resolution Book.
RESOLUTION NO, 90R-127: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING ABANDONMENT NO. 88-21A ABANDONING CERTAIN EASEMENTS FOR
STORM DRAIN, HIKING AND EQUESTRIAN PURPOSES LOCATED BETWEEN OLD BRIDGE ROAD
AND COUNTRY HILL ROAD.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-127 duly passed and adopted.
121; PUBLIC HEARING - ACQUIRING AND AUTHORIZING THE CONDEMNATION OF A PORTION
OF REAL pROPERTY (Boccaccio) FOR ROAD AND PUBLIC UTILITY PURPOSES (RIGHT OF
WAY 3500-4):
REQUESTED BY: CITY OF ANAHEIM
200 South Anaheim Boulevard
Anaheim, California 92805
LOCATION: The property is located at 401 North Amah. tm Boulevard (northwa~t
corner of North Anaheim Boulevard and Adele Street).
Staff Input: Submitted was report dated April 2, 1990 from the Public
Works/Engineering Department recommending the subject acquisition.
Mayor Hunter asked if anyone wished to speak either in favor or in opposition
to the proposed condemnation; there being no response he closed the public
hearing.
WAIVgR OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-128)
395
City Hall. Anaheim. California - COUNCIL MINUTES - ADrtl 24, 1990, 5;30 P,M,
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 90R-128 for adoption, finding and
determining the public interest and necessity for acquiring and authorizing
the condemnation of certain real property (Boccaccio - Condemnee). Refer to
Resolution Book.
RESOLUTION NO. 90R-128: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY.
(BOCCACCIO - CONDEMNEE)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-128 duly passed and adopted.
121; PUBLIC HEARING - ACQUIRING AND AUTHORIZING THE CONDEMNATION OF A PORTION
OF REAL PROPERTY (GALLARDO) FOR ROAD AND PUBLIC UTILITY PURPOSES (RIGHT OF WAY
3500-43):
REQUESTED BY: CITY OF ANAHEIM
200 South Anaheim Boulevard
Anaheim, California 92805
LOCATION: The property is located at 775 North Anaheim Boulevard (southwest
corner of North Anaheim Boulevard and North Street).
Staff Input: Submitted was report dated April 2, 1990 from the Public
Works/Engineering Department recommending the subject acquisition.
Mayor Hunter asked if anyone wished to speak either in favor or in opposition
to the proposed acquisition; there being no response he closed the public
hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-129)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION GARRIED.
Councilman Hunter offered Resolution No. 90R-129 for adoption, finding and
determining the public interest and necessity for acquiring and authorizing
the condemnation of certain real property (Gallardo - Condemnee). Refer to
Resolution Book.
396
City Hall, Anaheim. California - COUNCIL MINUTES - April 24. 1990, 5;30 P,M,
RESOLUTION ~O. 90R-129: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY.
(GALLARDO - CONDEMNEE)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-129 duly passed and adopted.
121; PUBLIC HF~kRING - ACQUIRING AND AUTHORIZING THE CONDEMNATION OF A PORTION
OF REAL PROPERTY (GALLARDO) FOR ROAD AND PUBLIC UTILITY PURPOSES (RIGHT OF WAY
3500-55):
REQUESTED BY: CITY OF ANAHEIM
200 South Anaheim Boulevard
Anaheim, California 92805
LOCATION: The property is located at 801 North Anaheim Boulevard (northwest
corner of North Anaheim Boulevard and North Street).
Staff Input: Submitted was report dated April 2, 1990 from the Public
Works/Engineering Department recommending the subject acquisition.
Mayor Hunter asked if anyone wished to speak either in favor or in opposition
to the proposed acquisition; there being no response he closed the public
hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-130)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION C~RRIED.
Councilwoman Kaywood offered Resolution No. 90R-130 for adoption, finding and
determining the public interest and necessity for acquiring and authorizing
the condemnation of certain real property (Gallardo - Gondemnee). Refer to
Resolution Book.
RESOLUTION NO. 90R-130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY.
(GALLARDO - CONDEMNEE)
397
23
City Hall. Anaheim. California - COUNCIL MINUTES - April 24, 1990, 5;30 P,M,
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-130 duly passed and adopted.
173/000: PUBLIC HEARING - WEST COAST CAB COMPANY, P,B,A, WEST COAST
TRANSPORTATION NETWORK. INC.. RATE INCREASE AND NEGATIVE DECI2%RATION;
Submitted was an application for proposed rate changes for taxi cabs by
Hossetn Nabati, West Coast Transportation Network, Inc. as follows:
a) $1.90 flag for the first 1/Sth mile;
b) $ .20 per each additional 1/Sth mile;
c) $20.00 per hour waiting time and traffic delay.
No charge for service cancellations.
Staff Input: See staff report dated March 7, 1990 from the Planning
Department/Code Enforcement Division, recommending approval of the subject
request.
ENVIRONMENTAL IMPACT REPORT FINDING: Section 15273 of the State Environmental
Impact Guidelines CEQA indicate that the provisions of the California
Environmental Quality Act are inapplicable in the proposed rate changes.
Mayor Hunter asked if anyone wished to speak either in favor or in opposition;
there being no response he closed the public hearing.
ENVIRONMENTAL IMPACT R~ORT; On motion by Councilman Pickler, seconded by
Councilman Ehrle, the City Council approved the finding that the request for
increases are for the purpose of meeting operating expenses and therefore, the
CEQA does not apply. MOTION CARRIED.
MOTION: Councilman Pickler moved to approve the requested rate changes
submitted by West Coast Cab Company. Councilman Ehrle seconded the motion.
MOTION CARRIED.
173/000: PUBLIC HEARING - YELLOW CAB OF NORTH ORANGE COUNTY RATE INCREASE AND
NEGATIVE DEGLARATION: Submitted was an application for proposed rate changes
for taxicabs by Yellow Cab Company as follows:
a) $1.90 flag for the first 1/Sth mile;
b) $ .20 per each additional 1/Sth mile;
c) $20.00 per hour waiting time and traffic delay.
Staff Input: See staff report dated March 27, 1990 from the Planning
Department/Code Enforcement Division recommending approval of the subject
request.
ENVIRONMENTAL IMPACT REPORT FINDING: Section 15273 of the State Environmental
Impact Report Guidelines CEQA indicate that the provisions of the California
Environmental Quality Act are inapplicable to the proposed rate changes.
398
City Hall. Anaheim, California - COUNCIL MINUTES - April 24, 1990, 5;30 P.M,
Mayor Hunter asked if anyone wished to speak either in favor or in opposition;
there being no response he closed the public hearing.
~NVIRONMENTAL IMPACT REPORT: On motion by Councilman Hunter, seconded by
Councilwoman Kaywood, the City Council approved the finding that the request
for increases are for the purpose of meeting operating expenses and therefore,
the CEQA does not apply.
MOTION: Councilwoman Kaywood moved to approve the requested rate changes of
Yellow Cab Company. Councilman Hunter seconded the motion. MOTION CARRIED.
179/155; CONTINUED REHEARING - CONDITIONAL USE PERMIT NO. 3214
(READVERTISED), CEQA NEGATIVE DECLARATION (READVERTISED)
OWNER: Jafar Jahanpanah
520 North Rexford Drive
Beverly Hills, California 90210
AGENT:
Ronald J. Crowley
1700 Raintree Road
Fullerton, California 92635
LOCATION/REQUEST: The property is located at 1585 West Katella Avenue. The
request is for a rehearing on the Conditional Use Permit to allow a 24-unit,
RM-2400 condominium complex with waivers of maximum structural height, minimum
building setback, minimum recreational leisure area, and maximum fence height.
ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Amendment No. 272
denied (PC89-295) (4 yes votes, 3 no votes); Reclassification No. 89-90-23
denied (PC89-296) (6 yes votes, 1 no vote); Waiver of code requirement denied
(5 yes votes, 2 no votes); Conditional Use Permit No. 3214 denied (PC89-297)
(5 yes votes, 2 no votes): approved Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Pickler and Councilman Ehrle at the meeting of December 12, 1989, and public
hearing scheduled for January 16, 1990, which was continued from the meetings
of January 16 and February 6, 1990 to February 13, 1990.
At a public hearing held February 13, 1990, the City Council approved General
Plan Amendment No. 272-Exhibit B, approved Reclassification No. 89-90-23, and
denied Conditional Use Permit No. 3214. A request for rehearing was submitted
by the agent, Ronald J. Crowley, which was granted by the City Council at its
meeting of F~bruary 27, 1990. The rehearing was then continued from the
meetings of March 27 and April 17, 1990 to this date (see minutes those dates).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin March 15, 1990.
Posting of property March 13, 1990.
Mailing to property owners within 300 feet - March 16, 1990.
399
21
Ctt~y Hall, Anaheim. California - COUNCIL MINUTES ~ A~ril 24, 1990, 5;30 P.M,
PLANNING STAFF INPUT:
See original staff report to the Planning Commission dated December 4, 1989
and subsequent report dated February 6, 1990 to the City Council.
APPLICANT'S
STATEMENT:
Massoud Monshaizadeh, 1524 Victoria Way, Placentta. The
project, which started out as a 47 room hotel site, is now a 23
unit condominium. There are two waivers still being requested
one is open space green area and one is technically the
structural height from RM-10,000, which is to the west of the
property. They comply with parking standards. The units
consist of three bedrooms and two and one half baths. He is
presenting a picture of a very similar project just south of
this project on Katella. That project has a five foot green
area on the front. His project has a 20 foot green area in the
front and also on the north, east and west.
Annika Santalahtt, Zoning Administrator. She confirmed for the
Mayor that the project is now 23 units instead of the 24
previously presented. In terms of the three waivers originally
requested, the structural height, which is relative to the
RS-10,000 property to the immediate west, and that waiver still'
remains and is identical to what the Council has seen before.
The second waiver, regarding structural setback from Katella,
has been improved. The modification now puts the block wall at
10 feet from the street right of way and the building at 20
feet. That waiver is still needed, but the intensity is
lessened. The final waiver is minimum recreational leisure area
per condominium unit. They are required to have 750 square feet
of usable space per unit. The proposal has about 465 square
feet and the prior proposal of 24 units had about 500 square
feet. In moving the building back, that is where they lost the
area. If this were an apartment project, it would be a 350 foot
requirement and for the condominium standards, there are not a
lot of changes in terms of the project, but one of the
requirements is that Planning would expect to see a higher level
of recreational space than in a straight apartment. The three
waivers are still needed - one is the same, one is improved and
one ts a little worse.
Mayor Hunter asked if anyone wished to speak.
PUBLIC DISCUSSION IN FAVOR: None
PUBLIC DISCUSSION IN OPPOSITION: None
COUNCIL ACTION: Mayor Hunter closed the public hearing.
Annika Santalahti, Zoning Administrator. Answering Councilwoman
Kaywood, she stated that there is a 20 foot setback from Katella
400
City Hall, Anaheim. California - COUNCIL MINUTES - ADril 24. 1990. 5:30 P.M.
to all multiple family uses. If Commercial, it would have a 10
foot setback. One other issue, there was a concern by staff at
the previous hearings relative to access from each unit to the
public sidewalk along Katella. They do not like to see people
having to walk along a private driveway, and that is what is
happening here. There is a private walkway along the eastern
boundary line and then a fragmented driveway along the east
side. With the eight units along the west side of the driveway
those people would have to walk entirely along the private
street to get to the street sidewalk.
Paul Singer, Traffic Engineer. He would like to affirm what was
Just stated regarding the sidewalk. The City Engineer's
recommendation is that the sidewalks be provided on both sides
of the private street, especially where children may have to
walk on the private street.
Councilwoman Kaywood. She is concerned that they are very close
with two stories to RS-10,000 and now there are three tandem
parking spaces included.
Councilman Daly posed questions relative to the new location foC
the trash bins.
Anntka Santalahti. Working from the posted plan she showed the
location of the trash bins, which had been changed since the
plan was first presented, but which was essentially the same
area presented approximately a month ago. Streets and
Sanitation are in agreement with the location.
Paul Singer. He clarified that there is a hammerhead so that
trucks can make their turns.
Councilman Daly. Relative to setbacks, he asked for a
comparison of the proposed setback on this project with the
project pictured in the photograph presented, located to the
southeast of this site. He understands with the subject
project, that the applicant is proposing that the buildings be
20 feet from the sidewalk and that the six foot block wall be 10
feet from the sidewalk across the entire Katella frontage, but
it does not meet Code because of the block wall.
Annika Santalahtt. She confirmed that was correct. The other
project is about 10 feet to the block wall and about 20 feet to
the buildings. On the subject project, there are no landscape
plans before the Council today. If the Council wishes,
landscape plans can be made a condition if the project is
approved.
401
19
City Hall, Anaheim. California - COUNCIL MINUTES - Amril 24. 1990, 5;30 P.M,
Councilman Pickler. He is going to make that a requirement,
that the landscape plans be submitted to staff and that staff
approve those plans.
Councilman Daly. He is going to vote no. He is still not
satisfied that all the details they need in the project are
included and he is not pleased that landscape plans have not
already been submitted to staff.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Ehrle, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-131)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 90R-131 for adoption, granting
Conditional Use Permit No. 3214, subject to all inter-departmental committee
recommendations, including minor corrections and additions relative to the
revised plans and including the requirement that landscape plans be submitted
to staff for staff approval. Refer to Resolution Book.
RESOLUTION NO, 90R-131; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3214. (REHEARING)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Pickler and Hunter
Daly and Kaywood
None
The Mayor declared Resolution No. 90R-131 duly passed and adopted.
179: ITEMS gl - B2 PROM TNE ZONINC ADMINI§TRATOR ME£TINC OF APRIL 5. 1990 -
DECISION DATE: APRIL 12. 1990:
BI, VARIANCE NO, 4038, CATEGORICALLY EXEMPT. CLASS 11:
Owner: Reorganized Church of Latter Day Saints, 393 South Tustin Street,
Orange, California 92666
Agent: Shimozono and Associates, 1920 East Katella Avenue, Suite 5, Orange,
California 92667
LOCATION: 827 South Walnut Street (Property is approximately 0.76 acre
located at the southwest corner of Chateau Avenue and Walnut Street).
402
2O
City Hall, Anaheim. California - COUNCIL MINUTES - April 24, 1990, 5;30 P,M,
Waiver of maximum size of identification sign to construct an identification
sign for an existing church facility.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4038 APPROVED (ZAg0-19).
B2, ADMINISTRATIVE ADJUSTMENT NO. 0047. CATEGORICALLY EXEMPT. CLASS 3:
Requested By: Environment Control, Attention: Wallace R. Bartelt, AIA, 1370
Brea Boulevard, #240, Fullerton, California 92635.
LOCATION: 181 South Old Springs Road.
Waiver of minimum number of parking spaces to construct a 15,646 square foot
office building. (End of public notice period: April 5, 1990.)
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0047 APPROVED (ZA90-20).
END OF THE ZONING ADMINISTRATOR ITEMS.
B3, VARIANCE NO. 3746 REQUEST FOR EXTENSION OF TIME:
Requested By: Farouk J. Kubba, Diversified Projects, Incorporated, 23201 Lake
Center Drive, Suite 200, E1 Toro, California 92630
LOCATION/REQUEST: The property is located at 1925 West Lincoln Avenue. The
request is for an extension of time on Variance No. 3746 due to delays in
obtaining financing. Variance No. 3746 is to permit waiver of maximum fence
height, maximum structural height and minimum distance between buildings to
construct a 184-unit, 38-foot high, 2 to 4-story apartment complex.
Submitted was extensive report dated April 5, 1990, from the Zoning
Administrator, recommending that the Council grant the requested extension of
time, along with discussion and a recap of standards relating to deck type
housing.
Councilman Pickler. He would like to have staff submit a new report on the
project since it goes back in time and the Council had stated there would be
no variance from the formal submitted plans. He feels a two week continuance
would be appropriate.
Anntka Santalahti. The developer has made modifications to the overall site
plan. Staff will prepare a report that addresses the changes which basically
are a shrinking of the project. The unit count is the same, certain setbacks
are increasing, there is an increase in parking spaces, there is no commercial
square footage, the unit sizes are being reduced, resulting in a reduction of
bedroom count. Everything is a positive move. The only area staff had been
concerned about was the issue of bedrooms.
By general consent the subject request for extension of time on Variance No.
3746 was continued for two weeks to Tuesday, May 8, 1990.
403
City Hal%, Anaheim~ ~%lfornta ~O__UNCIL MINUTES - April 24, 1990, 5;30 P,M,
B4, RECLASSIFICATION NO, 88-89-36~AND VARIANCE NO. 3899 - REQUEST FOR
EXTENSION OF TIME:.
Requested By: Rauf Gajiani, President, A & G Incorporated, 3630 West Garry
Avenue, Santa Aha, California 92704
LOCATION/REQUEST: The property is located at 318 South Lemon Street. The
request is for extensions of time to comply with conditions of approval on
Reclassification No. 88-89-36 (for a change in zone from ML to RM-1200 or a
less intense zone) and Variance No. 3899 (for waivers of (a) minimum butldtng
site area per dwelling unit, (b) maximum structural height and (c) maximum
site coverage to construct a 22-unit apartment complex).
Submitted was extensive report dated April 17, 1990, from the Zoning
Administrator, recommending approval of the requested extensions of time
retroactive to April 18, 1990, to expire April 18, 1991.
Lee Sohl, City Clerk. Since the subject staff report was prepared the
applicant has satisfied the conditions of the reclassification and the
extension is only necessary on the variance at this time.
Councilwoman Kaywood. She noted that there is still only 151 square feet of
leisure space instead of the required 200 feet, which is of concern to her.
It is obviously over dense.
Annika Santalahti. The applicant received a copy of the staff report earlier
in the day. Staff analyzed the new deck housing ordinance in comparison to
this project, which was approved prior to the ordinance. Council previously
had indicated modifications to reflect the new ordinance. Unfortunately, the
recreational space is an area that might take some effort in redesign along
with providing elevators.
Kent Boydstun, 703 North Anaheim Boulevard. They have complied with almost
every item. They ran into a major delay in getting their 39 year resident
relocated. He is very much in favor of most of the changes that are in the
new deck housing standards. Without completely going back and redrawing the
project from scratch, he does not know where they can get extra recreational
leisure area into the project. They are about two to three weeks away from
pulling their permit. He feels they should be able to build their project as
approved. They are now so close and have had so many obstacles in getting the
project up and going that they feel they should be able to continue with the
project as granted by the City a year ago.
Councilman Daly a~k~d if h~ wa~ prepared to comply with all conditions in th~
staff report.
Mr. Boydstun answered all except the two that will cause them to have to go
back to square one - minimum recreational leisure area and the elevator. It
is possible they could do the elevator without completely redesigning the
project, but not the recreational leisure area.
404
i8
City Hall, A~aheim, California - COUNCIL MINUTES - April 24. 1990, 5;30 P.M.
A line of questions was then posed by Councilwoman Kaywood relative to the
project, which were answered by both Mr. Boydstun and staff, at the conclusion
of which Councilwoman Kaywood stated that if Mr. Boydstun could assure a
quality project, she would go along with the request, but normally she would
not be looking at cutting the open space.
Mr. Boydstun stated that he feels it is a quality development and will be an
asset to the development that is going to be taking place across the street.
Annika Santalahti. She asked for clarification relative to the elevator.
Councilman Pickler stated that there will be an elevator.
Annika Santalahtt. There are new regulations when providing an elevator. It
introduces a whole series of handicap standards. There might be a way to do
it from a zoning standpoint, but with the building regulations in effect it
opens the door to a new set of standards that they otherwise might not have.
Mr. Boydstun. If they have to put in an elevator they will almost have to go
back to square one. They would have to compensate for the stress every time
they open another hole on the deck.
Councilman Ehrle. Normally he is an advocate of elevators, but since
Councilwoman Kaywood made a concession relative to open space, he will do so
with the elevator.
MOTION; Councilman Pickler moved to approve the requested extensions of
time. Councilman Hunter seconded the motion.
Before a vote was taken, City Clerk Sohl asked for clarification if the motion
is to grant an extension to the variance only, or is the motion to include the
reclassification as well.
Mayor Hunter clarified that the motion was for both Variance No. 3899 and
Reclassification No. 88-89-36, as well as including four of the six conditions
requested by staff in the subject report, but eliminating the requirement
relative to recreational leisure area and the elevator.
A vote was then taken on the foregoing motion, eliminating the recreational
leisure area requirement and installations of elevators. MOTION CARRIED.
Councilman Pickler left the G0uncil Chamber (8:15 p.m.).
B5, AND B6; AMENDING RESOLUTION NO. 89R-321 AND RESOLUTION NO. 89R-320. NUNG
PRO TUNC:
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 90R-132 AND 90R-133)
Councilwoman Kaywood moved to waive the reading in full of the resolutions.
Councilman Hunter seconded the motion. Councilman Pickler was temporarily
absent. MOTION CARRIED.
405
City Hall. Anaheim. California % CQ.U!~_CIL MINUTES - Aortl 24. 1990. 5:30 P.M.
Councilwoman Kaywood offered Resolution Nos. 90R-132 and 90R-133 for
adoption. Refer to Resolution Book.
RESOLUTION NO, 90R-132: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 89R-321, NUNC PRO TUNC.
RESOLUTION NO. 90R-133: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 89R-320, NUNC PRO TUNG.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
TEMPORARILY ABSENT: COUNCIL MEMBERS: Pickler
The Mayor declared Resolution Nos. 90R-132 and 90R-133 duly passed and
adopted.
B7 PROPOSED CODE AMENDMENTS PERTAINING TO SETBACK OF BUILDINGS ABUTTING
ONE-FAMILY RESIDENTIAL DEVELOPMENTS: AND REOUIRED REFUSE STORAGE AREAS AND
REQUIRED PRIVATE STORAGE AREAS FOR SENIOR CITIZEN'S APARTMENT PROJECTS:
ORDINANCE NO. 5119 (ADOPTION) Amending and adding various subsections to
18.31.063, 187.32.063 and 18.34.063 of Title 18 relating to setback of
buildings abutting one-family residential developments. (Introduced at the
meeting of April 17, 1990.)
ORDINANCE NO. 5120 (ADOPTION) Amending Section 18.94.038 of Chapter 18.94 of
Title 18 of the Code, pertaining to required refuse storage areas and required
private storage areas. (Introduced at the meeting of April 17, 1990.)
Councilman Ehrle. He asked for a one week continuance since he did not have
the backup material in this week's agenda packet. He does not foresee any
problem but wanted to review the data first.
MOTION; Councilman Ehrle moved to continue adoption of Ordinance Nos. 5119
and 5120 for one week to May 1, 1990. Councilman Hunter seconded the motion.
Councilman Pickler was temporarily absent. MOTION CARRIED.
Councilman Ehrle offered Ordinance No. 5121 for first reading.
179; ORDINANCE NO. 5121: Amending Title 18 to rezone property under
Reclassification No. 88-89-56, located at 3625 West Savanna Street, from the
RS-A-43,000 zone to the RM-1200 zone.
ITEMS OF PUBLIC INTEREST: Christine Gettman, 1381 West Cerritos, No. 77,
Pepperwood Town Homes; Donna Morrel, 1381 West Cerritos, No. 78, Pepperwood
Town Homes.
406
City Hal%, Anaheim. California - COUNCIL MINUTES - April 24, 1990. 5:30 P.M.
Donna Morrel. They live in the property directly across from the
Jeffrey-Lynne area and were surprised to find out that the City is
discontinuing the additional police taskforce in the area on April 26th.
was reported in the newspaper.
That
Mayor Hunter. That is new to him. He feels it is necessary to get a report
from Police Chief Molloy. He had Just met with Lou Lopez and some of the
officers who would have told him that was going to happen. He reiterated the
news is surprising.
Donna Morrel. They had written a letter commending the Council on the good
things that had been done across the street and they are asking that the added
police protection be continued because it is working. The letter they had
sent requested that those police not be dropped because they are proving
successful and they should consider continuing this valuable program. They
had only two days to gather signatures and have about 160 at this time and
intend to get more.
Councilman Ehrle. He suggested that before they exert further effort on the
issue, the Council will direct staff to look into the matter. The Council
understands the problem and this is one of the highest priorities in the
community.
Assistant City Manager James Ruth. He will check with Chief Molloy. When the
program was initiated, there were limited resources. He believes it was their
intent to deploy those resources where they are having similar problems in
other areas of the City. He will be getting together with the Chief and will
give the Council a full report next week.
ADJOURNMENT: Councilman Hunter moved to adjourn. Councilwoman Kaywood
seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (8:25
p.m.)
LEONORA N. SOHL, CITY CLERK
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