1990/11/06City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
TRAFFIC ENGINEER: Paul Singer
ZONING ADMINISTRATOR: Annika Santalahti
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was
postea at 3:35 p.m. on November 2, 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:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit: Golden West Baseball
Co. vs. City of Anaheim, Orange County Superior Court Case No.
40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al..
Orange County Superior Court Case No. 44-81-74.
b. To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section 54957.6.
c. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
d. To meet with its Negotiator regarding the possible lease or sale
of land located at 1566 South Douglass Road, Anaheim California, to
Ogden Financial Services Inc. or other entity for a multipurpose
sports and entertainment arena.
e. To confer with its attorney regarding potential litigation
pursuant ko Government Code Section 54956.9(b) (1).
f. 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.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990f 5:30 P.M.
AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:47 p.m.)
INVOCATION: Pastor Stan Quebe, Zion Lutheran Church, gave the Invocation.
FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Zonta Day in Anaheim, November 8, 1990,
Young Readers Day in Anaheim, November 14, 1990,
Family Week in Anaheim, November 18 - 24, 1990.
Jo Anne Liccardo, accepted the Zonta Day proclamation.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council congratulating Mrs. Sally White -
Recipient of the 1990 California Association of Realtors Community Service
Award for the State of California. Mrs. White was presented with the
declaration by Councilman Ehrle.
119: DECLARATION OF COMMENDATION: A Declaration of Commendation was
unanimously adopted by the City Council and presented to Mr. Don Scoggins,
Marketing and Community Relations, Westec Security, Inc., commending his
company for the inception of "It's Bad" Drug-free Workplace Program.
119: DECLARATION OF COMMEMORATION: A Declaration of Commemoration was
unanimously adopted by the City Council designating November 15, 1990, as the
official commemoration of the tenth anniversary of the Refugee Act of 1980.
The declaration was presented to Diane Horrisberger.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council recognizing Jo Ann Barnett for her commitment to
community activities. The declaration was previously presented to Mrs. Barnett
and tonight ratified by the City Council.
MINUTES: Councilman Pickler moved to approve the minutes of the regular
meetings held August 21, September 25, October 2, October 9 and the Special
Meeting of September 14, 1990. Councilman Ehrle seconded the motion.
MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,313,543.34 for the week
ending October 19, 1990; $2,113,912.55 for the week ending October 26, 1990;
and $3,566,625.57 for the week ending November 2, 1990, in accordance with the
1990-91, budgets were approved.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Manager. (Resolution Nos. 90R-387 through 90R-397, for
adoption)
Councilman Hunter moved to waive reading of the Resolutions. Councilman
Pickler seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Hunter,
seconded by Councilman Pickler, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Councilman Hunter offered
Resolution Nos. 90R-387 through 90R-397 for adoption. Refer to Resolution
Book.
Al. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Mark Christopher Caywood for bodily injury
sustained purportedly due to actions of the City on or about April 27, 1990.
b. Claim submitted by Homer D. Lassley for bodily injury sustained
purportedly due to actions of the City on or about June 25, 1990.
c. Claim submitted by Southern California Gas Company (File No.
Z-243788-35-MG) for property damage sustained purportedly due to actions of
the City on or about August 2, 1990.
d. Claim submitted by Pacific Inland Constructors Corporation (Main
Action: Irene Leibowitz vs. City of Lakewood, et al.) for indemnity sustained
purportedly due to actions of the City on or about August 15, 1990.
e. Claim submitted by Ronald E. Mullen for property damage sustained
purportedly due to actions of the City on or about July 14, 1990.
f. Claim submitted by Sherry Kepner for property damage sustained
purportedly due to actions of the City on or about August 27, 1990.
g. Claim submitted by Anar Francis, by and through his Guardian Ad Litem,
Samira Francis for bodily injury sustained purportedly due to actions of the
City on or about March 23, 1990.
h. Claim submitted by Dion Drake Starr for bodily injury sustained
purportedly due to actions of the City on or about September 5, 1990.
i. Claim submitted by George & Pat Simmons for property damage sustained
purportedly due to actions of the City on or about September 17, 1990.
j. Claim submitted by John Croy for bodily injury sustained purportedly
due to actions of the City on or about August 16, 1990.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
k. Claim submitted by Kathy Carpenter for property damage sustained
purportedly due to actions of the City on or about August 23, 1990.
1. Claim submitted by Denise Wallace for bodily injury sustained
purportedly due to actions of the City on or about June 7, 1990.
m. Claim submitted by Robin Viles for property damage sustained
purportedly due to actions of the City on or about September 19, 1990.
n. Claim submitted by Rex Churan for bodily injury sustained purportedly
due to actions of the City on or about September 14, 1990.
o. Claim submitted by Joan E. Zimmerman for property damage sustained
purportedly due to actions of the City on or about September 15 through
September 19, 1990.
p. Claim submitted by David Welch for property damage sustained
purportedly due to actions of the City on or about September 20, 1990.
q. Claim submitted by Donald Russell for property damage sustained
purportedly due to actions of the City on or about September 20, 1990.
r. Claim submitted by Stephanie M. Pennington for property damage
sustained purportedly due to actions of the City on or about September 20,
1990.
s. Claim submitted by Christopher T. Migliori for property damage
sustained purportedly due to actions of the City on or about September 20,
1990.
t. Claim submitted by Tim Marshal for property damage sustained
purportedly due to actions of the City on or about September 20, 1990.
u. Claim submitted by Andrew Kruse for property damage sustained
purportedly due to actions of the City on or about September 20, 1990.
v. Claim submitted by Patricia Cooper for property damage sustained
purportedly due to actions of the City on or about September 20, 1990.
w. Claim submitted by KiHo Choi for property damage sustained purportedly
due to actions of the City on or about September 20, 1990.
x. Claim submitted by Mason Carlton for property damage sustained
purportedly due to actions of the City on or about September 20, 1990.
y. Claim submitted by Jon Carley for property damage sustained
purportedly due to actions of the City on or about September 20, 1990.
z. Claim submitted by Martha B. Wilson for bodily injury sustained
purportedly due to actions of the City on or about September 10, 1990.
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City Hall, Anaheimt California - COUNCIL MINUTES - November 6t 1990, 5:30 P.M.
aa. Claim submitted by Ann-Marie Dennis for property damage sustained
purportedly due to actions of the City on or about October 3, 1990.
bb. Claim submitted by Steven C. Baugh for property damage sustained
purportedly due to actions of the City on or about September 20, 1990.
cc. Claim submitted by Larry A. Bivens, Jr. for property damage sustained
purportedly due to actions of the City on or about September 20, 1990.
dd. Claim submitted by Joan Claire Kisker for bodily injury sustained
purportedly due to actions of the City on or about September 15, 1990.
Application for Leave to Present Late Claim - Denied:
ee. Claim submitted by Roberto Laurian for bodily injury sustained
purportedly due to actions of the City on or about January 3, 1990.
A2. 105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held August 22, 1990.
105: Receiving and filing minutes of the Public Utilities Board meeting held
September 20, 1990.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held September 26, 1990.
105: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of September, 1990.
105: Receiving and filing minutes of the Community Redevelopment Commission
meetings held October 3, 1990, and October 24, 1990.
A3. 169: Awarding a contract to the lowest and best responsible bidder,
Nobest, Inc., in the amount of $104,462.60 for Lincoln Median Islands
Improvements. (Continued from the meeting of October 16, 1990, Item A6.)
A4. 165: Approving a Notice of Completion of the construction of Lincoln
Avenue Sidewalk Improvements by Nobest, Inc., and authorizing the Mayor to
sign and the City Clerk to file said Notice of Completion.
A5. 169: Approving a Notice of Completion of the construction of Brookhurst
Street Improvements by Vernon Paving Company, and authorizing the Mayor to
sign and the City Clerk to file said Notice of Completion.
A6. 164: Approving a Notice of Completion of the construction of Cerro Vista
Way Storm Drain by Heritage Construction Company, and authorizing the Mayor to
sign and the City Clerk to file said Notice of Completion.
A7. 150: Awarding the contract to the lowest and best responsible bidder,
J.H. Rives Company, in the amount of $50,041 for the base bid and additive
alternates 3, 4, and 5 for the Glover Stadium Concession Stand Rehabilitation;
and approving an appropriation in the amount of $50,041 from the Park Sites
1040
City ~all, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
and Playground account balance (Fund 16) for the project amount.
AS. 150: Awarding the contract to the lowest and best responsible bidder,
Cunningham Davis Corporation, in the amount of $37,181 for Stoddard Park Play
Equipment Replacement.
A9. 176: RESOLUTION NO. 90R-387: A RESOLUTION OF THE CITY COUNCIL OF TEH
CITY OF ANAHEIM VACATING KENSINGTON AVENUE AND TEMPLE STREET AND AMENDING
RESOLUTION NO. 90R-188, NUNC PRO TUNC (89-4A).
Al0. 176: RESOLUTION NO. 90R-388: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (90-16A) (Setting a date for public hearing
to consider abandoning a public utility easement for electrical facilities
located approximately 285 feet north of Lincoln Avenue, and west of Magnolia
Avenue - 2625 West Lincoln Avenue - suggested public hearing date: December
4, 1990.)
Ail. 149: RESOLUTION NO. 90R-389: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM RESTRICTING PARKING ON CERTAIN STREETS TO PERMIT PARKING
ONLY. (Resident-only permit parking on the following streets: the north and
south side of Stoneybrook Drive from Western Avenue to Parkview Street; the
west side of Parkview Street from Orange Avenue to Stoneybrook Drive; the
north and south side of Parkview Circle west of Parkview Street to its
westerly terminus; the east and west side of Westhaven Circle south of
Westhaven Drive to its southerly terminus; and the north, south, east and west
side of Westhaven Drive west of Parkview Street north of Stoneybrook Drive.)
This item was pulled from the Consent Calendar for further discussion.
end of Consent Calendar.)
(See
Al2. 164: Approving Contract Change Order No. 1 in the amount of $94,358.49
in favor of R.J. Noble Company, for Miraloma Avenue Street and Storm Drain
Improvements.
A13. 151: Approving an Encroachment License Agreement with Grin~nway
Development, Limited, for an encroachment license of sidewalk onto a sewer
easement located east of Euclid Street, near Glenoaks Avenue.
A14. 101: Supporting participation in the event site coalition on behalf of
the Stadium, Convention Center and Arena to conform to proposed AQMD
Regulation 2E, and approving appropriation from the Council Contingency Funds
in the amount of $7,500 to support the effort.
Al5. 137: RESOLUTION NO. 90R-390: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF FIRST
AMENDMENT TO FIRST INSTALLMENT SALE AGREEMENT, FIRST AMENDMENT TO TRUST
AGREEMENT. (Amendments - California Lutheran Homes Project $6,000,000
Certificates of Participation, June 1987.)
Al6. 123: Approving a Decommissioning Trust Fund Agreement with the Bank of
California to act as Trustee for Units 2 and 3 at the San Onofre Nuclear
Generating Station.
1041
City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
Al7. 170: Approving the assignment of interest in the eight reimbursement
agreements with the following: Warmington (Tract 8463), Warmington (Tract
8465), Robin Hill (Tract 10410), Canyon Heights (Tract 9602), Pennridge Corp
(Tract 10409), Chaparral (Tract 12658), Boulevard Der (Tract 10969), Boulevard
Der (Tract 10970). Interest in all eight agreements is currently owned by
Municicorp of California who wishes to assign its rights to Fred Hesemeyer,
John D. Moylan, Barry F. Bone, Lyle Under, Golden Gate Restaurant Association,
Edith M. Colianni, and Grace and Henry Rumison.
Al8. 137: RESOLUTION NO. 90R-391: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE PREPARATION, EXECUTION, SALE AND DELIVERY OF
NOT TO EXCEED $46,000,000 AGGREGATE PRINCIPAL AMOUNT OF CERTIFICATES OF
PARTICIPATION, APPROVING A TRUST AGREEMENT, INSTALLMENT PURCHASE AGREEMENT,
PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING CERTAIN
ACTIONS IN CONNECTION THEREWITH. (City Utilities Building.)
Al9. 175: Approving a two-year lease with Woodbridge Village, in the amount
of $800 per month for the first year, and $840 per month the second year, for
approximately 700 square feet of office space for the Utilities Department at
50 South Anaheim Boulevard, and authorizing the Public Utilities General
Manager to execute said lease.
A20. 123: Approving a Second Addendum to Agreement with POD/Sasaki, in the
amount of $4,410 for planning services for revisions to the Recreation and
Trails Elements of the Anaheim General Plan, and authorizing the Mayor and City
Clerk to execute said addendum.
A21. 123: Waiving Council Policy 401 and approving an agreement with
Elliott/Maloney Landscape Architects, in an amount not to exceed $15,150 for
professional design services for the City's portion of The Summit Parksite
Development, and authorizing the Mayor and City Clerk to execute said
agreement..
A22. 144: RESOLUTION NO. 90R-392: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE APPLICATION FOR COMMUNITY-WIDE DRUG AND ALCOHOL
ABUSE PREVENTION PROGRAM COORDINATION. (Orange County Substance Abuse
Prevention Partnership.)
A23. 123: Approving an Amended and Restated Lease Agreement with Savanna
School District in order to lease a portion of Twila Reid School for park
purposes, and authorizing the Mayor to sign and the City Clerk to execute said
agreement.
A24. 105: RESOLUTION NO. 90R-393: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ENCOURAGING MULTI-CULTURAL LEARNING EXPERIENCES IN ANAHEIM.
(Recommended by the Youth Commission as part of the Vision 2000 Strategy/action
at their meeting of October 10, 1990.)
A25. 156: RESOLUTION NO. 90R-394: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO ACCEPT DONATIONS ON BEHALF
OF THE CITY FOR USE IN THE DRUG ABUSE RESISTANCE EDUCATION PROGRAM. (D.A.R.E.)
1042
City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
A26. 156: Approving an increase of $112,500 in the Police Department's
Property Crime Program Revenue Account #17-3163 awarded from the California
Community Crime Resistance Program Grant; increasing expenditures by $36,865 in
Code Enforcement Program 169 and $75,635 in Police Community Services Program
192; and authorizing the Chief of Police to execute the grant on behalf of the
City.
A27. 123: Approving an agreement with the Orange County Homeless Issues Task
Force, in the amount of $5,000 to be used to defray some staffing and
operational costs incurred for services provided, and authorizing the Mayor and
City Clerk to execute said Agreement on behalf of the City.
A28. 123: Approving an agreement with Hope House, Inc., in the amount of
$9,500 to employ a counselor who will provide structural and group counseling
regarding substance abuse for low and moderate income young adults, and
authorizing the Mayor and City Clerk to execute said agreement on behalf of the
City.
A29. 123: Approving an agreement with Hope House, Inc., in the amount of
$22,000 for outreach efforts to junior and senior high schools and to community
groups regarding substance abuse, and authorizing the Mayor and City Clerk to
execute said agreement on behalf of the City.
A30. 177: Approving an application by the Housing Authority for funds under
Section 8 of Title II of the Housing and Community Development Act of 1974, and
authorizing the Mayor to sign the compliance review letter.
A31. 106: Approving an amendment to the FY 90/91 Resource Allocation Plan by
transferring $26,165 from Community Development Block Grant Contingency Account
#25-215-6798 to the City's Code Enforcement budget, Accounts #25-169-6340
($20,000) and #25-169-4120 ($6,165), for use in a bulky item trash pick-up
program.
A32. 123: Waiving Council Policy 306 and authorizing the Data Processing
Director to enter into a purchase agreement with Bell & Howell Corp., in the
amount of $38,845 (plus freight and installation charges) for a hardware
upgrade to the City's existing forms inserting machine.
A33. 123: Approving an agreement with Michael Brandman Associates in an
amount not to exceed $29,744 for professional services in connection with the
preparation of environmental documentation for Disney's second gate theme park
project; and approving a Reimbursement Agreement with Disney Development
Corporation to recover the City's cost for consultant services and
administrative expenses incurred by the City for the initial preparation of the
Scope of Services, and authorizing the Mayor to execute said documents.
A34. 153: RESOLUTION NO. 90R-395: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 89R-366 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (To ~ange the
salary range for the position of Assistant City Attorney, Redevelo~ent,
effective November 9, 1990.)
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City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
153: RESOLUTION NO. 90R-396: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 89R-365 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY. (To add the position of
Principal Transportation Planner, effective November 9, 1990).
A35. 153: RESOLUTION NO. 90R-397: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES Ol~ INTERESTS THEREIN.
A36. 158: Receiving and filing the Statistical Report Summary ending
September 30, 1990, as submitted by the Building Division.
A37. 150: Approving Contract Change Order No. 2 in the amount of $72,953 in
favor of Hondo Company, Inc., and approving an additional appropriation in the
amount of $72,953 from the Park Sites and Playground account balance (Fund 16)
for the Change Order amount.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution Nos. 90R-387 through 90R-397, with the exception
of Resolution No. 90R-389, both inclusive, duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
Ail. 149: REQUEST FOR "RESIDENT ONLY" PERMIT PARKING: Submitted was report
dated October 30, 1990 from the Director of Public Works and City Engineer,
Gary Johnson, recommending that the Council agree to the subject on the streets
indicated in his report.
Mayor Hunter asked if a fee is being charged.
Paul Singer, Traffic Engineer. The only charge is the cost for administering
the program which is a $10 one time fee per car. If the permit is destroyed or
a new card requested there will be another fee.
Mr. George Hurtarc~ 3187 Woodhaven Drive. He realizes the residents closer to
Tw£1a Re~d ~ar~ have a problem. He is not opposed to the restriction of
parking but is opposed to the $10 fee. He does not feel a person in this
country should have to pay a fee to own a car. Many people in the tract are on
a limited income. If the fee is $10 now, he is concerned that it will escalate
in the future.
Russ Till, 3191 West Haven. He also does not understand why there has to be a
fee. Originally a petition was circulated and everyone signed it because there
was no fee. Subsequently another petition was circulated when it was
determined there would be a fee and some residents signed that petition. The
residents heard nothing until tonight's meeting. Perhaps another letter could
be sent to the area.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
Councilman Daly. He asked if it was clearly indicated on the initial letters
sent to the residents that there would a one time fee.
Paul Singer. He explained that staff and the City does not seek permit parking
areas. Citizens who wish to have such an area established take it upon
themselves and circulate a petition which has to conform to Council Policy
(CP 217). Seventy-five percent of the affected property owners must agree.
How the petition is presented and under what circumstances it is signed is not
known by staff. If the petition meets the Council Policy, it is then brought
to the Council's attention. With the costs involved in installing the
necessary signs and administering the program, the $10 fee does not begin to
recover the cost which involves a great deal of staff time. It is merely a
token payment by the property owners who wish to have the program established
in their area. The City does not solicit the program. He noted the map posted
on the Chamber wall showing the people who signed in green dots and those
opposed in orange dots which is in excess of 80% of the residents favoring
permit parking - only 75% is required.
Councilman Pickler asked if this was the same program used near the Convention
Center.
Mr. Singer answered no. It is quite different because the program is
administered by the Convention Center but there is one such program at Kaiser
Hospital on Lakeview and there is one other area in the City. There are only
two areas under such a program plus the Convention Center area.
Ruth Davis, 3188 West Haven. She asked if a resident does not park their car
on the street in front of their home but instead in the driveway or garage, is
it necessary to have a permit.
Mr. Singer answered no. The permit is just for street parking.
Glen Keel, 3144 West Parkview Circle. He started the petition for restricted
parking because of the situation along Twila Reid Park. He explained some of
the incidents that occur in the area as well as the great deal of litter left
behind. He understands the concern of the people who live further away from
the park. However, once restricted parking is instituted around the park,
vehicles will start parking further into the residential area and those
residents will then be confronted with the same problem. He initially went to
the Orange County Health Department because of some of the problems occurring
which are a detriment to public health and they recommended that he bring the
issue to the City Council to get it resolved. The $10 is a one time fee. If
the residents can afford to live in that area, they should be able to pay $10
per car.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-389)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
1045
City Hallr Anaheim, California - COUNCIL MINUTES - November 6r 1990~ 5:30 P.M.
Councilman Pickler offered Resolution No. 90R-389 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 90R-389: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM RESTRICTING PARKING ON CERTAIN STREETS TO PERMIT PARKING ONLY.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-389 duly passed and adopted.
Before concluding, Councilman Daly recommended that in the future staff submit
a report to inform the Council on how restrizted parking is working in those
areas where the program is in place.
105: YOUTH COMMISSION RESIGNATION - RECRUITMENT: Councilwoman Kaywood moved
to accept the resignation of Youth Commissioner, Janet Jo, as recommended by
the Youth Commission, and moving alternate Michelle Ahnn to appointed
Commissioner, leaving the position of third alternate to be filled. Councilman
Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood suggested that the City Clerk advertise for more
commissioners since at this time there is no one left to choose from to cover
the alternate position.
127: CERTIFICATE AS TO THE SUFFICIENCY OF PETITIONS - MOBILEHOME RENT CONTROL
INITIATIVE: Submitted was joint report dated October 31, 1990 from the City
Clerk and City Attorney, recommending that the Council review the three options
available regarding the Certificate as to the Sufficiency of Petitions -
Mobilehome Rent Control Initiative: a) Introducing the ordinance at the
regular meeting at which it is presented and adopt the ordinance within 10 days
thereafter; or b) immediately order a special election to be held between
88-103 days following the date of such order; or c) order a report from staff
as to the fiscal impact, consistency with the general plan, or other matters
requested by the Council prior to acting on the initiative measure pursuant to
Elections Code 4010.
City Clerk, Leonora Sohl. She referred to letter dated November 1, 1990
received from Lois Gardner, Secretary, Anaheim Political Action Committee
(APAC), requesting that the issue, because of the election, not be placed on
this agenda. The City Attorney will agree the Elections Code does not leave
her that option. It states that the City Clerk shall immediately present the
Certificate of Sufficiency to the City Council. She also explained the
situation to the President of APAC, Clarice Jackson over the telephone.
Mayor Hunter noted that petitions were submitted containing approximately
22,095 signatures prima facie and that a result of the Registrar of Voters
review of the signatures, the total number of valid signatures of qualified
electors projects to 16,596. He then noted the three options the Council has
tonight (see above).
1046
City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
Councilman Pickler moved for Option c) ordering a report from staff as to the
fiscal impact, consistency with the general plan, or other matters requested by
the Council prior to acting on the initiative measure pursuant to Elections
Code 4010 adding that he wants to know the constitutionality of the proposed
ordinance. Councilman Daly seconded the motion.
Before action was taken, Mayor Hunter recalled the Council had the same
discussion approximately two years ago when the former petition was presented.
A fiscal impact report was done at that time. The Council should stop skirting
the issue and put the matter on the ballot now and let the people decide. He
has spoken to the City Attorney who is of the opinion that the petition
initiative is valid.
Councilman Pickler. He wants the people to decide as well but he still wants
an analysis prepared - the cost to the City and the constitutionality of what
is being proposed.
Councilwoman Kaywood agreed before instituting anything it was necessary first
to know what it was going to cost the City; Mayor Hunter stated he feels it is
a waste of taxpayers money to do another fiscal impact report which will allow
time for park owners to bring action on the matter. He suggested that they get
the report that was done previously. He also does not see why both cannot be
done concurrently - if a majority of the Council wants a report that the report
be updated and prepared but that an election be set at this time as well.
Councilman Pickler. A Special Election will cost between $100,000 and
$150,000. The last time, the fiscal impact report indicated it will cost
taxpayers $500,000 to put the ordinance in place. It is important to get
updated figures. The Council represents 267,000 citizens. It is not too much
to ask to wait another month.
Councilman Daly. His position has not changed. The City's taxpayers deserve
to know what the impacts of the ordinance would be on the operations of City
Government. There will be legal and fiscal impacts. Staff will have to be
added. It is not a matter of denying the will of the people to vote, but it is
necessary to have all the facts and figures in so that those voters can make an
intelligent decision.
Mayor Hunter. The Council has to be more concerned about people than things.
If they do not allow the election to go forward, they are being more concerned
about things than people.
Councilman Ehrle asked the City Attorney if the Council can call a Special
Election within the time specified (88 to 103 days) and in that time
concurrently do the study to update the previous report.
City Attorney White. The law requires the Council to take at least one of the
three alternatives but it does not prohibit the Council from taking more than
one alternative.
Councilman Ehrle thereupon moved to immediately order a Special Election to be
held between 88-103 days following the date of such order and concurrently
order a report from staff as to the fiscal impact, consistency with the General
1047
City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
Plan or other matters requested by the Council prior to acting on the
initiative measure pursuant to Elections Code 4010. Councilman Hunter seconded
the motion.
City Attorney White. He explained since the motion offered by Councilman Ehrle
is not an amended motion which would require that it be voted on first, the
motions are to be voted on consecutively.
Councilman Daly. He asked under Councilman Ehrle's proposal if in the legal
analysis it shows there are constitutional problems, what does that do to the
scheduling of the Election, i.e., if a date is set and the report indicates
there are serious constitutional problems.
Cit'~ Attorney White. The Council would be required to hold the election since
the.~a would be no mechanism to cancel it.
Councilman Daly reiterated his concern and again questioned if anyone on the
Council knows what the fiscal impacts would be and didn't they want to know
those impacts before scheduling an election.
Mayor Hunter. The Council received such a report previously and Councilman
Daly was on the Council at the time.
Councilman Ehrle. He cares about the fiscal impacts and the impacts on the
City. However, the people have earned the right to have an eleculon. They
have again gathered the required signatures on their petition initiative and
are entitled to have a Special Election.
Councilman Daly. Prior to putting a wide ranging ordinance on the ballot he
would think that the Council would want to know in their mind and heart that it
is legal and to understand all of the impacts on City Government. The last
petition was legally flawed and it would have cost the City millions of
dollars. To blindly place the ordinance on the ballot would be irresponsible.
Councilman Ehrle. He asked the City Attorney if in his opinion the petition
initiative is legal as to form.
City Attorney White. The problem with answering that question the real issue
is whether or not there is a legal basis not to submit it at a Special
Election. It is not the same question as to whether the initiative measure in
its entirety as to each and every point would withstand constitutional
scrutiny. If he were to answer that question and give a public analysis of his
opinion, the difficulty would be if it is placed on the ballot he would be
called upon to give an impartial analysis and, if adopted, would be called upon
to defend it. If he takes a position that would in any way indicate this may
be flawed publicly, that would impede his ability to represent the City in
defending an action or giving an impartial analysis. He will say what he has
said to those Council Members who have asked, his review at this point in time
is that there is not a basis to withhold the petition initiative from the
ballot which is not the same as saying it is sustainable as to each and every
part. Those are very different questions. Councilman Pickler has also asked
not only for the financial impact, but also the constitutionality which
indirectly relates to the finances. If, for example, a provision of the
1048
City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
ordinance would subject the City to hundreds of thousands of dollars in
potential liability that would be reported on in his report. He would propose
if that happens, that he would not issue a public report but that it would be
an attorney-client privilege report back to the City Council.
A vote was then taken on the amended motion by Councilman Ehrle which ordered a
Special Election and concurrently ordered a report from staff as to the fiscal
impact consistency with the General Plan or other matters requested by Council
prior to acting on the initiative measure pursuant to Elections Code 4010 which
was seconded by Councilman Hunter. The motion failed to carry by the following
vote:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle and Hunter
Daly, Kaywood and Pickler
None
A vote was then taken on the original motion by Councilman Pickler ordering the
report from staff as well as the constitutionality of the proposed ordinance.
The motion was previously seconded by Councilman Daly. The motion carried by
the following vote:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Kaywood and Pickler
Ehrle and Hunter
None
City Attorney White clarified that to comply with the Elections Code, the
report will be prepared and presented to the Council on November 27, 1990.
123: LETTER OF RELEASE - SUBSTITUTION OF SECURITIES BY CONTRACTOR IN LIEU OF
PERFORMANCE RETENTIONS: Submitted was report dated November 5, 1990 from the
Director of Public Works/City Engineer, Gary Johnson, recommending that the
council authorize the City Treasurer to execute a letter of release as approved
by the City Attorney and authorizing the Mayor to enter an escrow agreement
with Mercantile-Safe Deposit and Trust Company of Baltimore, Maryland.
MOTION: Councilwoman Kaywood moved to waive the 72-hour posting provision of
the Brown Act since the necessity to act on the subject item arose after the
agenda was posted. Councilman Pickler seconded the motion. MOTION CARRIED.
MOTION: Councilwoman Kaywood moved to authorize the City Treasurer to execute
a letter of release as approved by the City Attorney and authorized the Mayor
to enter an escrow agreement with Mercantile-Safe Deposit and Trust Company of
Baltimore, Maryland, as recommended in memorandum dated November 5, 1990 from
the Director of Public Works/City Engineer. Councilman Pickler seconded the
motion. MOTION CARRIED.
1049
City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5=30 P.M.
179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 90-91-09, WAIVER OF CODE
REOUIREMENT, CONDITIONAL USE PERMIT NO. 3324 AND NEGATIVE DECLARATION:
OWNER
Don Caldwell
Southern Pacific
1200 Corporate Center, #100
Monterey Park, California 91754
AGENT:
Ariel Valli
15375 Barranca Parkway, Suite 100
Irvine, California 92718
LOCATION/REQUEST: The property is approximately 3.3 acres located on the north
side of Broadway approximately 384 feet east of the centerline of Hessel
Street. The request is for a change in zone from RS-A-43,000 to ML, and to
permit a self-storage faci._uy with manager's unit with waiver of minimum
number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 90-91-09 granted (PC90-209) (7 yes votes).
Conditional Use Permit No. 3324 granted (PC90-210) (6 yes votes, 1 no vote) no
time limitation; an 8-foot monument sign; eliminate graffiti opportunities with
appropriate landscaping; construct block fence and move it back 10 feet from
property line; waiver of code requirement granted; Negative Declaration
approved.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman Daly
and Councilman Pickler at the meeting of September 18, 1990. This matter was
continued from the meeting of October 9, 1990, to this date at the request of
the applicant.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin September 27, 1990.
Mailing to property owners within 300 feet - September 27, 1990.
Posting of property September 28, 1990.
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated August 27, 1990.
City Clerk Sohl reported that letter dated November 2, 1990 was received from
Don Caldwell, Assistant Regional Director-Sales, Southern Pacific
Transportation Company, requesting a continuance to Tuesday, November 20, 1990;
however, it is not expected that a quorum will be present that date. She has
not been able to get in touch with Mr. Caldwell to ask if instead November 27,
1990 would be convenient.
Mayor Hunter asked if anyone was present opposed to a continuance to
November 27, 1990; there was no response.
The City Clerk confirmed that this was the second request for a continuance.
Councilman Daly asked if the Council had an option to continuing the hearing.
1050
City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
City Attorney White. He notes that representatives from Redevelopment Agency
Staff were present. If not, he would have suggested continuing the hearing
because staff was not present. He will have the Executive Director speak as to
whether she is prejudiced by a continuance or not. Legally, the hearing has
been continued once and the Council is not obligated to continue the matter
again. The option would be if Council acted on it and the applicant was
aggrieved by the Council's action it could always be refiled.
Lisa Stipkovich, Executive Director of Community Development. The reason for
the continuance was due to the opposition by the Redevelopment Commission.
Council Members Daly and Pickler then requested a public hearing. Staff also
indicated they needed time to meet with the applicant and they did meet. The
applicant is still desirous of proceeding. Staff is not interested in
re-negotiating or looking for other land uses for the site. They also made an
additional presentation to the Commission as requested and the Commission still
recommended denial. She did not know the applicant had asked for a continuance
until about a half hour ago. She does not have any objection since they are
not on any time line. It is a project the applicant is trying to get
approved. Staff has not changed their opinion on their recommendation. If it
gives everyone an opportunity to hear the applicant plead their case,
continuing the hearing to November 27, 1990 would not be a problem with staff.
Councilman Daly. This is the second request. A great deal of staff time has
been given to the developer.
Mayor Hunter opened the public hearing and asked to hear from anyone who wished
to speak.
Joe White.
He does not know anything about this project but it is in his
"back yard". He wants to know what is being proposed since he
has not seen anything on it.
COUNCIL ACTION:
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, 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 - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 90R-398 and 90R-399)
Councilman Hunter moved to waive the reading in full of the resolutions.
Councilman Ehrle seconded the motion. MOTION CARRIED.
1051
City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
Councilman Hunter offered Resolution No. 90R-398 for adoption, denying
Reclassification No. 90-91-09; and Resolution No. 90R-399 for adoption, denying
Conditional Use Permit No. 3324. Refer to Resolution Book.
RESOLUTION NO. 90R-398: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN
A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED.
RESOLUTION NO. 90R-399: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3324.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution Nos. 90R-398 and 90R-399 duly passed and adopted.
179: PUBLIC HEARING - RECLASSIFICATION NO. 90-91-12, CONDITIONAL USE PERMIT
NO. 3322 AND NEGATIVE DECLARATION:
OWNER: Gordon R. Hanshaw
10921 Westminster Ave.,
Garden Grove, CA 92683
AGENT:
Karl A. Kordik
10921 Westminster Ave.,
Garden Grove, CA 92683
LOCATION/REQUEST: The property is located at 2897 West Lincoln Avenue. The
property is approximately 1.3 acres located at the northeast corner of Lincoln
Ave. and Bel Air Street. The request is for a change in zone from CH to CL,
and to permit an air rifle and pistol range.
ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-92 granted
(PC90-225) (7 yes votes); CUP No. 3322 denied (PC90-226) (6 yes votes, 1 no
vote); approved Negative Declaration.
HEARING SET ON:
A letter of appeal was submitted by the agent, Wayne Rorick, and public hearing
scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin October 25, 1990.
Mailing to property owners within 300 feet - October 23, 1990.
Posting of property October 26, 1990.
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated October 10, 1990.
APPLICANT'S
STATEMENT:
Wayne Rorick, 714 South Resh Street, Anaheim.
He has previously submitted information concerning the subject
1052
City Hallr Anaheimr California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
proposal (made a part of the record). The two major goals of the
proposal is (1) to bring to Anaheim 10-meter pistol and air rifle
shooting as a structured recreational activity with adult
supervison and guidance and, (2) to promote 10-meter air rifle
and air pistol shooting in terms of competitiveness as a team
and/or individual sport. As a sport of precision, 10-meter air
gun matches require practice, dedication and discipline. The
range will be built to international olympic committee
specifications. It is not an arcade-type of establishment where
unsupervised activity takes place in and out of the business. He
then briefed the groups who are interested in having the business
established and forming teams for competitive matches. The
facility will also accommodate the need for classroom
instruction. He then relayed his qualifications as an instructor
in the sport. He urged approval of the request. He then
answered questions posed by Council Members noting that the range
will be the first of its type in Orange County, the only other
such range being the facility that was built at Prado Tera in
Chino for the 1984 Olympics where homes are within eye view but
he does not know how far away. He also explained the difference
between an air rifle shooting range and ranges using fire arms.
PUBLIC DISCUSSION-
IN FAVOR= T.J. Johnston, 862 Granted Circle, Chairman, Gun Owners React
Committee.
An air gun range is something they have been looking for for a
long time. There are no such shooting facilities in Anaheim. It
would provide an opportunity to train youth safely and
economically with a great deal of discipline. It would be a
wonderful opportunity for the youth rather than going to arcades
and malls.
PUBLIC DISCUSSION-
IN OPPOSITION:
Kathleen Egbert, 2871 Polk, directly to the north of the proposed
establishment.
Her south 9roperty line is 15 feet away from the establishment's
north wall. This is an inappropriate location for an air gun
range and ealeB ~acillty because of the high density around it.
A more suitable location would be in a recreational or industrial
area. Strip commercial sites should serve the needs of the
neighborhood. She then submitted a partial copy of the petition
she had previously submitted to the Planning Commission as
evidence that it does not serve those needs nor the needs of the
City of Anaheim.
John Demeter, 8661 Belair.
He is speaking against the proposal. The intent is a good idea
but the location is wrong. In the last six months, the police
SWAT Team has been in the area because of people taking pot shots
at the apartments on the corner of Belair and Lincoln. Such a
facility is not needed in a high density residential area.
1053
City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
Andrew May, 2867 West Polk.
He is concerned about value added to the neighborhood. He does
not see what this proposed business would add to their
residential area. It is not appropriate for the area. He is
generally concerned about the overdevelopment of West Anaheim and
some of the projects proposed. He asked that the Council send
the developers a message that this is not an appropriate use for
a residential area.
Cliff Morris, 3601 Hillside Ranch Road, Chino Hills.
He is speaking in favor of the proposal. He is an employee of
the City of Anaheim in the Police Department. The majority of
concerns expressed by the residents are focused on a
misunderstanding of the actual activity. He stressed the safety
and security factors built into police firing ranges which ranges
do not even compare to air rifle ranges relative to levels of
power. That kind of security can be provided with the proposed
range. He is also familiar with the area since that is where he
patrols. The proposed facility would bring in people who are
responsible individuals dedicated to their hobby interests. In
the City of Anaheim, the Phoenix Club operates a range and he has
never heard a complaint about that facility regarding the range.
The Phoenix Club will also be operating a range at their new
facility. Such a facility is a better alternative recreational
facility for the youth. He is someone who heard about the effort
and was asked to give his opinion by Mr. Rorick.
Chris Hoverson, 901 Golden Springs, E-7, Diamond Bar. He is
speaking on behalf of the sport. He has been a competitive air
rifle shooter since he was 10 years old. He then briefed the
Council relative to the sport explaining that he is a student
instructor for air rifle-air pistol use at a Physical Education
class at Cal Poly Pomona. He concluded stating that the subject
proposal has no flaws in terms of safety and will produce
responsible rather than irresponsible activity.
SUF~MATION BY APPLICANT:
Mr. Rorick then rebutted or countered the comments made by the
residents especially relative to their concerns with the use
being in a residential area. His summation was supplemented by
slides which showed the proposed place of business and
surrounding area as well as addressing the noise issue. He noted
that there was no opposition by the businesses in the center.
Two of the businesses felt that the petition that was circulated
was misleading implying that fire arms would be used. Residents
are generally upset relative to the influx of medium and high
density apartments in the area. There is no danger involved with
the proposed use.
COUNCIL ACTION:
There being no further persons who wished to speak Mayor Hunter closed the
public hearing.
1054
City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
Mayor Hunter.
The Council is not necessarily in disagreement with such a range
being proposed in the City. The concern is with the location and
not the issue of air-rifle guns.
Councilman Ehrle.
He agrees the location is the problem and feels there is a
location in Anaheim where a business like this could be
successful. The Phoenix Club is on a 10-acre site on private
property and it backs up to a river bed, not a residential area.
The proposal should come back at another time when the applicant
has found a suitable location.
Councilman Daly.
This is not the proper location for the business; however, he
believes there are many locations in Anaheim where it would be
appropriate.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, 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 - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 90R-400 and 90R-401)
Councilman Hunter moved to waive the reading in full of the resolutions.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-400 for adoption, denying
Reclassification No. 90-91-12; and Resolution No. 90R-401 for adoption, denying
Conditional Use Permit No. 3322. Refer to Resolution Book.
RESOLUTION NO. 90R-400: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN
A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED.
RESOLUTION NO. 90R-401: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3322.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution Nos. 90R-400 and 90R-401 duly passed and adopted.
1055
City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
179: ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF OCTOBER 18, 1990 -
DECISION DATE: OCTOBER 25, 1990 - INFORMATION ONLY - APPEAL PERIOD ENDS
NOVEMBER 9, 1990:
B1.
ADMINISTRATIVE ADJUSTMENT NO. 0056, CATEGORICALLY EXEMPT, CLASS 5:
REQUESTED BY: W. THOMAS LUNNEN, 30200 Rancho Viejo Road #1, San Juan
Capistrano, CA 92675
LOCATION: 115-145 Chaparral Court
Petitioner requests waiver of minimum number of parking spaces to
establish an additional 5,000 square feet of office use for an
existing medical office building.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 56 GRANTED, unconditionally, (ZA90-104).
Councilwoman Kaywood. She posed questions to staff relative to the waiver of
parking spaces.
Paul Singer, Traffic Engineer. The applicant is providing a 93% of the
required parking. It is a very small variance of 10 spaces.
Councilwoman Kaywood asked that type of information be included in the material
provided the Council in their agenda packet.
End of the Zoning Administrator items.
155: ORDINANCE NO. 5182 - ADOPTION: Adding Subsection .120 to Section
18.70.020 of Chapter 18.70 of Title 18 of the Anaheim Municipal Code relating
to zoning (SP87-1). (Amendment No. 2 to The Highlands at Anaheim Hills
Specific Plan No. 87-1).
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5182)
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilman Daly seconded the motion. MOTION CARRIED.
ORDINANCE NO. 5182: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION .120
TO SECTION 18.70.020 OF CHAPTER 18.70 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING (SP87-1).
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Ordinance No. 5182 duly passed and adopted.
179: ORDINANCE NO. 5183 THROUGH 5185 - INTRODUCTION: Councilman Hunter
offered Ordinance No. 5183 through 5185, both inclusive, for introduction.
1056
City Hall, Anaheim, California - COUNCIL MINUTES - November 6r 1990, 5:?0 P.M.
ORDINANCE NO. 5183: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 89-90-19
located at 828 S. Western Avenue, from the RS-A-43,000 zone to the RS-7200
zone.)
ORDINANCE NO. 5184: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
18.41.050, 18.44.050, 18.45.050, 18.46.050, 18.61.028 AND 18.63.028 OF CHAPTERS
18.41, 18.44, 18.45, 18.46, 18.61 AND 18.63, RESPECTIVELY OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO CELLULAR TELEPHONE FACILITIES.
ORDINANCE NO. 5185: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 90-91-11
located at 2400 E. Katella Avenue, from the CR zone to the CL zone.)
179: EXTENSION OF TIME - RECLASSIFICATION NO. 82-83-35: Requested by Farano
and Kieviet, 100 South Anaheim Boulevard, Suite 340, Anaheim, CA 92805. The
property is located at 300 W. Katella Avenue (Riviera Mobilehome Park). The
request is for a retroactive time extension (from January 24, 1990) to expire
on January 24, 1991, to comply with conditions of approval and for a change in
zone from RS-A-43,000 to RM-1000.
Submitted was report dated October 11, 1990 from the Zoning Administrator,
recommending that the request be granted retroactive to January 24, 1990 to
expire January 24, 1991.
Mr. Tom Kieviet, Farano & Kieviet. They have received the staff report and
concur with it but after further conversations, it was agreed since the
extension proposal would expire in January, staff does not have a disagreement
in extending it a year from now. He is requesting that the extension be
granted for a longer period rather than just January 24, 1991.
Annika Santalahti, Zoning Administrator. Answering the Mayor she stated that
the extension would then be to January 24, 1992 to instead of January 24, 1991.
Councilwoman Kaywood. She is concerned talking about RM-1000 which is very
high density. RM-iO00 was approved for the Lincoln property (near Beach
Boulevard) because £t was a former dump site. She asked if this was the only
other 1,000 square-foot site.
Annika Santalahti. There was perhaps one other project and that involved
high-rise condominiums.
Councilwoman Kaywood. There are no condominiums at 1,000 square feet which is
very small. She has a concern with extending the time without looking into
what is involved especially since the Council has been downzoning properties.
Tom Kieviet. The RM-1000 was adopted in 1984 for the high-rise condominium
project. Since that time, the property owner has had the area reanalyized to
determine what would be most acceptable on that property and is coming forward
with a new proposal in the near future that would incorporate both
1057
City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
commercial-recreation and residential that would be consistent with the
RM-1000. It was granted for high-rise condominiums but it is not anticipated
that these will be built. They will be 3 or 4-stories more or less and right
now they are leaning toward apartments.
Councilwoman Kaywood. The area is very high density traffic and to add
apartments would not be a great living environment with people trying to get in
and out of their residences.
Joel Fick, Planning Director. Answering questions by Council Members, he
explained that one of the conditions of approval requires the recordation of a
tract map and, therefore, would require that the developer come back to the
City for approval. Staff has been working with the Riviera Developers on a
comprehensive plan and remake of that whole development. When it came up
before, the developer did not request an extension of time but now is doing
so. If the time extension is not approved, it would require the property owner
to resubmit another project. The site is outside of the commercial-recreation
area.
Councilman Daly. Relative to the decision on condominiums vs. apartments, at
this point that is the decision of the developer and all the Council and staff
is going to see will be the tract map.
Joel Fick. Presently it is a condominium project. It has not be~.;~ discussed
with staff whether they will ultimately go with condominiums or auartments.
Councilman Daly. The extension of time would only affect the previously
approved project. Otherwise if there is a change, the project will be coming
back to staff and the Council.
Joel Fick. Approval would permit this one segment of the previously approved
Riviera Project which has a valid extension. It would permit this segment to
theoretically be valid for one more year.
Mayor Hunter. If and when the project ever gets back to the Council, the
message at least from this present Council is that there be no apartments; Mr.
Kieviet stated that the Mayor's comment is so noted.
Councilwoman Kaywood. She is not even sure that is the whole message. Without
seeing what the project is, to go ahead and approve a longer extension of time
is of concern to her as well as 1,000 square-foot condominiums. She feels the
location is wrong. There is a transient population in that area as well as
very heavy traffic. The staff recommendation was that an extension be granted
to January of 1991 and now the developer is asking that it be changed to 1992.
She feels it is a mistake to do so.
MOTION: Councilman Pickler moved to grant a retroactive extension of time on
Reclassification No. 82-83-35 from January 24, 1990 to expire on January 24,
1992, to comply with conditions of approval for a change in zone from
RSA-43,000 to RM-1000. Councilman Ehrle seconded the motion. Councilwoman
Kaywood voted no. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 6~ 197
179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 3247, CATEGORICALLY
EXEMPT, CLASS 3: A request for a rehearing on the subject was submitted by
Norbert A. Waters, 12132 Morris Lane, Garden Grove, CA 92640, to permit a 4400
square-foot addition to an existing commercial retail center located at
2501-2525 East Ball Road. The Planning Commission granted the CUP deleting
Condition No. i of Resolution No. PC90-192 in its entirty. A review of the
Planning Commission decision was subsequently requested by Council Members
Pickler and Daly at the Council meeting of August 21, 1990 and public hearing
scheduled September 18, 1990. At that meeting, the City Council denied the
Conditional Use Permit. A request for a rehearing was subsequently submitted
by Mr. Waters.
Councilman Hunter moved to deny the request for a rehearing.
Before action was taken, Councilman Pickler stated that he has talked to the
owner who said that he would like to comply to what the Council would like to
see happen on the property.
Mayor Hunter. At the previous hearing it was reported that there were two
separate property owners and until they get together, the center is not going
to get fixed up. As was further reported, they are in a law suit and the
center was not going to be upgraded.
MOTION: Councilman Hunter moved to deny the request for a rehearing on
Conditional Use Permit No. 3247. Councilman Ehrle seconded the motion.
Before action was taken, Mayor Hunter asked if anybody was present on the
rehearing request; no one was present.
Councilman Pickler stated in talking to Mr. Waters even though the owners are
involved in a court procedure, he was ready to put up the money to do the
things necessary to upgrade the property.
Councilwoman Kaywood noted that his Request for Rehearing and Declaration of
Merit did not indicate that he wanted to upgrade the property but that he was
not aware, "he was required to present beautification and upgrade of existing
facilities in order to achieve approval of project."
A vote was then taken on the motion t0 deny the request for a rehearing.
MOTION CARRIED UNANIMOUSLY.
ITEMS OF PUBLIC INTEREST:
Paul Kott, 504 North State College Boulevard. He is against rent stabilization
in any form. It hurts the very people it purports to help. He then commented
on how signatures for the petition initiative (Mobilehome Rent Control
Ordinance) were obtained specifically those obtained at shopping centers. He
relayed an incident in which his wife was involved where she was continously
"badgered" by zealous teenagers trying to secure her signature on the
petition. His wife threatened to call the police. When it happened a second
time, she had to stop shopping at that particular center. He congratulated the
Council in ordering a study as to the fiscal impacts of such an ordinance. He
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City Hall, Anaheim, California - COUNCIL MINUTES - November 6, 1990, 5:30 P.M.
would not like to see the question on the ballot at all anymore than he would
like to see any other issue that controls citizens governmentally as private
enterprises.
Councilwoman Kaywood. She was also approached at a supermarket and was asked
if she would sign to save lives and prevent seniors from being evicted which is
not stated anywhere on the petition.
Councilman Ehrle. Someone came to his home in his neighborhood knocking on
doors. As with any campaign, there are a lot of people who are zealous but
earnestly trying to get signatures. He also does not like to see anything that
further controls his life by government but the point is that the proponents
went to the people and got signatures. His responsibility is to give them
their day at the ballot box.
127: .~PAIGN LITERATURE: Councilman Pickler stated he received a piece of
literature in the mail indicating in the left-hand corner that it was from the
office of the City Manager. He asked the City Manager if it had come from his
office.
City Manager, Jim Ruth, answered no.
Councilman Pickler then recommended to the City Attorney that he determine if
there was any violation. Using the office of the City Manager on campaign
literature is wrong and he would like to know if there are any violations.
City Attorney White asked if that is his direction; Mayor Hunter stated it is
not the direction from him. He does not think they should get into the matter
tonight. They should not make the meeting a political forum.
Councilman Pickler moved that the City Attorney look into possible violations
relative to the mailer.
Councilman Daly. He asked for clarification if Councilman Pickler's request is
to ask the City Attorney to evaluate the mailer for any violation of City or
State law and report back to the Council. If so, he agrees with that.
Councilman Pickler stated that was correct.
No further action was taken by the Council on Councilman Pickler's request.
ADJOURNMENT: By general consent the Council adjourned.
LEONORA N. SOHL, CITY CLERK
(8:02 p.m.)
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