1990/12/04City Hall, Anaheim, California - COUNCIL MINUTES - December 4,
1990, 5:30 p.m.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
PLANNING DIRECTOR:
ZONING ADMINISTRATOR:
SENIOR REAL PROPERTY AGENT:
Simpson, Daly, Pickler, Ehrle,
None
James Ruth
Jack White
Leonora N. Sohl
Joel Fick
Annika Santalahti
Richard Santo
Hunter
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:35 p.m. on November 30, 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 of 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 to 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 - December 4, 1990, 5:30 p.m.
AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members
being present. (6:00 p.m.)
INVOCATION: Chaplain Serrao, Anaheim Memorial Hospital, gave the Invocation.
FLAG S______~UTE: Councilman William Ehrle led the assembly in the Pledge of
Allegiance to the Flag.
114: COUNCIL REORGANIZATION - MAYOR PRO TEM: In accordance with Council
Policy 111, the Council shall reorganize and select a Mayor Pro Tem on the
Tuesday following the declaration of the result of the canvass of election
returns of the General Municipal Election in even numbered years.
Councilman Pickler nominated Bill Ehrle as Mayor Pro Tem until November, 1991.
Councilman Daly seconded the nomination.
There were no additional nominations.
Councilman William Ehrle was thereupon unanimously selected as Mayor Pro Tem of
the City of Anaheim.
119: PRESENTATION - CERTIFICATE OF APPRECIATION: A Certificate of
Appreciation was presented to Joseph C. Truxaw for 11 years of dedicated
service as Anaheim's representative on the Metropolitan Water District Board.
The Mayor, Council Members and the Public Utilities General Manager
congratulated and commended Mr. Truxaw for his long and productive service on
the Board. Mr. Truxaw was accompanied by his wife, Louise and 5 of his 6
children were present in the Chamber audience.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council congratulating Martin Luther Hospital
on 30 years of service to the community. Pastor Steif and Kenton Wines
accepted the Declaration from Mayor Pro Tem Ehrle.
119: DECLARATIONS OF RECOGNITION: Declarations of Recognition were
unanimously adopted by the City Council recognizing the following Fire
personnel on their respective retirements and commending them for their service
to the City and citizens of Anaheim and the community:
Recognizing Mont D. Connell, Fire Fighter I, upon his retirement after
23 years, 6 months of service to the City.
Recognizing George La Rocque, Fire Engineer, upon his retirement after
27 years, 11 months of service to the City.
Recognizing Tom Barnes, Fire Captain IV, upon his retirement after 28 years,
6 months of service to the City.
The Declarations are subsequently to be presented to each of the employees.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - December 4, 1990f 5:30 p.m.
119= DECLARATIONS OF RECOGNITION= Declarations of Recognition were
unanimously adopted by the City Council recognizing the Youth and Young Adult
Ministry of St. Justin Martyr Church, the Central City Neighborhood Council and
the South Anaheim Neighborhood Council on their graffiti vandalism solutions.
Council Members Pickler, Daly and Simpson respectively presented the
Declarations to representatives of each of the groups, Jim Curran, Director of
the Youth and Young Adult Ministry, Keith Oleson, President, Central City
Neighborhood Council and Oscar Picasso, of the South Anaheim Neighborhood
Council. The Mayor and Council Members expressed their deep appreciation for
the wonderful work done by these groups and highly commended them. Councilman
Daly also thanked and congratulated John Poole, Code Enforcement Manager and
City staff for their involvement and dedication to the program.
MINUTES: Councilman Hunter moved to approve the minutes of the regular
meetings held November 6 and November 13, 1990. Councilman Ehrle seconded the
motion. MOTION CARRIED.
Councilman Pickler abstained on the minutes of November 13, 1990.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,300,567.12, in
accordance with the 1990-91 budget, were approved.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Manager. (Resolution Nos. 90R-420 through 90R-424, both
inclusive.)
Councilman Pickler moved to waive reading of the Resolutions. Councilman Ehrle
seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Ehrle, 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 Resolutions Nos. 90R-420 through 90R-424, both
inclusive, for adoption. Refer to Resolution Book.
Al. 188: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management.
a. Claim submitted by Vince Camacho for property damage sustained purportedly
due to actions of the City on or about September 21, 1990.
b. Claim submitted by Southern California Gas Company for property damage
sustained purportedly due to actions of the City on or about August 2, 1990.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 4, 1990, 5:30 D.m.
c. Claim submitted by Tammy Marie Baca for bodily injury and property damage
sustained purportedly due to actions of the City on or about March 27, 1990.
d. Claim submitted by Eugene J. Flaro for property damage sustained
purportedly due to actions of the City on or about September 17, 1990.
e. Claim submitted by Randy John McFall for bodily injury sustained
purportedly due to actions of the City on or about March 27, 1990.
f. Claim submitted by City of La Palma for indemnity purportedly due to
actions of the City on or about July 10, 1990.
g. Claim submitted by Benita Encines for property damage sustained purportedly
due to actions of the City on or about October 8, 1990.
h. Claim submitted by Larry Weissman for property damage sustained purportedly
due to actions of the City on or about October 15, 1990.
i. Claim submitted by Scott Morse for property damage sustained purportedly
due to actions of the city on or about October 29, 1990.
j. Claim submitted by Keith P. Fowler for property damage sustained
purportedly due to actions of the city on or about October 9, 1990.
k. Claim submitted by Robert D. Kimball, Sr. for property damage sustained
purportedly due to actions of the City on or about October 8, 1990.
A2. 105: Receiving and filing minutes of the Public Utilities Board meeting
held October 18, 1990.
107: Receiving and filing the Statistical Report Summary ending October 31,
1990, submitted by the Building Division.
114: Receiving and filing Resolution NO. 7302-90 from the city of Garden
Grove, supporting the repeal of SB 2557 and the protection of city finances
from the state budget process.
A3. 165: Awarding the contract to the lowest and best responsible bidder,
Inland Constructors, in the amount of $43,243 for the Katella Avenue Sidewalk
Improvements.
A4. 149: ORDINANCE NO. 5187 (INTRODUCTION): Amending Title 14 of the Anaheim
Municipal Code to prohibit stopping on a portion of Avenida de Santiago.
AS. 123: Approving a Second Amendment to Agreement with Weston Pringle, dba
weston Pringle and Associates, and Basmaciyan-Darnell, Inc., in an amount not
to exceed $75,000 per year, for traffic signal design consulting services for a
period of 12 months.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 4f 1990, 5:30 p.m.
A6. 158: Approving a Right of Way Agreement and Right of Entry with William
C. Taormina and Cynthia L. Taormina, and authorizing an acquisition payment in
the amount of $30,660 for 401 North Anaheim Boulevard (R/W 3500-4) North
Anaheim Boulevard Street Widening Project. Authorizing the Mayor and City
Clerk to execute said agreement.
A7. 158: Approving a Right of Way Agreement and Right of Entry with James R.
Harrison, Jacqueline A. Harrison and Mary M. Ramella and authorizing an
acquisition payment in the amount of $300 for 1008 North Anaheim Boulevard (R/W
3500-92) North Anaheim Boulevard Street Widening Project. Authorizing the
Mayor and City Clerk to execute said agreement.
AS. 170: Approving the Final Map of Tract No. 13997 and the subdivision
Agreement with Donald G. Hunt, and authorizing the Mayor and City Clerk to
execute same. Said Tract is filed in conjunction with Reclassification
No. 88-89-55 and Conditional Use Permit No. 3168 and is located approximately
770 feet east of Harbor Boulevard on the south side of Wilken Way (further
described as 400 West Wilken Way).
Ag. 170: Approving the Final Map of Tract No. 141~9 and the Subdivision
Agreement with Donald G. Hunt, and authorizing the Mayor and City Clerk to
execute same. Said Tract is filed in conjunction with Reclassification
No. 88-89-55 and conditional Use Permit No. 3212 and is located approximately
1088 feet east of Harbor Boulevard on the south side of Wilken Way (further
described as 400 West Wilken Way).
Al0. 158= Approving a Quitclaim Deed with Sam Menlo and Vera Menlo for a
two-foot strip of property located along the north side of Kensington Avenue;
accepting the offer received in the amount of $250 and authorizing the Mayor
and City Clerk to execute said Quitclaim Deed.
All. 158: Authorizing the Real Property Section to open an escrow with First
American Title insurance Company not to exceed 60 days relative to acquisition
of certain real property located on the north side of La Palma Avenue, west of
Anaheim Boulevard.
152: Authorizing the Accounting Officer to issue a warrant in the amount of
$27,000 (the appraised value) to FirstAmerican Title Insurance Company to be
deposited into escrow for payment to James R. Harrison, Jacqueline A. Harrison
and Mary M. Ramella.
152: Authorizing the Senior Real Property Agent of the City to execute the
escrow instructions and any related documents.
A12. 152= Authorizing the Mayor and City Clerk to execute a new Grant Deed
retaining the easements for water, power, gas, fire lane and telephone for the
sale of a portion of Old Santa Ana Canyon Road to B & B Property Investments,
Inc.
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City Hallr Anaheim~ California - COUNCIL MINUTES - December 4, 1990r 5:30 p.m.
A13. 123: Approving a Second Amendment to Agreement with Norman Weinraub, dba
City Window Cleaners, for window cleaning services at two additional locations
with revised annual rates (Anaheim Police Department-S2,744.40 and Anaheim
Convention Center-S5,143.20).
A14. 128= Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for two months ended August 31, 1990.
Al5. 153: RESOLUTION NO. 90R-420: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-287 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (TO create the position of Community
Services Outreach Worker, effective December 7, 1990.)
A16. 150: RESOLUTION NO. 90R-421: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE OFFICIAL TREE SPECIE LIST.
A17. 123: Approving an Agreement with Episcopal Service Alliance, Inc., in
the amount of $15,000; approving an Agreement with Orange County Center for
Health in the amount of $15,000; and approving an Agreement with Volunteer
Center of Orange County-North, dba Retired Senior Volunteer Program (RSVP) in
the amount of $12,000 to provide designated human services to Anaheim
residents.
Al8. 158: RESOLUTION NO. 90R-422: 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.
A19. 114: RESOLUTION NO. 90R-423: A RESOLUTION AUTHORIZING THE CITY OF
ANAHEIM'S PARTICIPATION IN THE NORTH ORANGE COUNTY LEADERSHIP FORUM AND
APPOINTING TWO MEMBERS OF THE CITY COUNCIL AS ANAHEIM'S REPRESENTATIVES TO THAT
BODY.
By Council consent, Council Members Ehrle and Pickler were appointed the
representatives to the North Orange County Leadership Forum.
A20. 130: RESOLUTION NO. 90R-424: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING PROCEDURES FOR THE PROCESSING OF APPLICATIONS FOR
TP~%NSFERS OF FR~/qCHISES.
A21. 139: Receiving and filing the final report of the 1990 Legislative
Program Report from the Intergovernmental Relations Department.
A22. 175: Receiving and filing the Rate Stabilization Account report, as of
October 31, 1990 from the Public Utilities Department.
A23. 175: Authorizing the Public Utilities Department to implement an
expanded voluntary water conservation program in cooperation with the
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City Hall, Anaheimt California - COUNCIL MINUTES - December 4, 1990, 5:30 p.m.
Metropolitan Water District andthe County Sanitation~ Districts of Orange
County, as recommended by the Public Utilities Board at their meeting held
November 26, 1990.
A24. 153: Authorizing the maintenance of group medical, dental and life
insurance benefits for employees who are called to active duty for service in
the Middle East, for the period of their active duty assignment and until such
time as the current crisis is regolved (not to exceed 360 days).
Joe Bryan, President, Anaheim Police Association. He thanked the City Manager,
the Human Resources Director Dave Morgan, and other City staff who worked on
this proposal. On behalf of the members of the Association, they are
appreciative of the matter even being brought before the Council. There are
between 10 and 12 officers who stand a chance of being sent to the Middle East.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler,
NOES: COUNCIL MEMBERS= None
ABSENT: COUNCIL MEMBERS: None
Ehrle and Hunter
The Mayor declared Resolution Nos. 90R-420 through 90R-424, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
179: ITEMS B1 - B3 FROM THE ZONING ADMINISTRATORMEETING OF NOVEMBER 15, 1990
- DECISION DATE: NOVEMBER 21, 1990:
INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 6, 1990.
B1.
VARIANCE NO. 4097, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: ROBERT CORNELIUS, 824 Redondo Drive East, Anaheim, CA 92801.
LOCATION: 824 North Redondo Drive East. Property is approximately
0.15 acre located on the east side of Redondo Drive East approximately
295 feet north of the centerline of North Street.
Waiver of required side yard setback to construct a 230 square-foot
addition to an existing single-family residence.
ACTION TA/~EN BY THE ZONING ADMINISTRATORi
Variance No. 4097 APPROVED (ZA90-109).
VARIANCE NO. 4098, CATEGORICALLY ~X~MP?, CLASS ~=
OWNER: RONALD DONALDSON, 2515 East Alki Place, Anaheim, CA 92806.
AGENT: RALPH JAMES, 13100 Crenshaw Boulevard, Gardena, CA 90249.
LOCATION: 2515 East Alki Place. Property is approximately 0.12 acre
located on the north side of Alki Place approximately 100 feet east of
the centerline of Laramie Street.
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City Hall~ Anaheim, California - COUNCIL MINUTES - December 4r 1990, 5:30 p.m.
Waiver of maximum lot coverage to construct a 264 square-foot patio
enclosure addition to an existing single-family residence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4098 APPROVED (ZA90-110).
B3.
CONDITIONAL USE PERMIT NO. 3360, CATEGORICALLY EXEMPTr CLASS 5:
OWNER: GARY CALKINS, 355 Avenida Margarita, Anaheim, CA 92807.
LOCATION: 355 Avenida Marqarita. Property is approximately 28,125
square feet located on the west side of Avenida Marqarita
approximately 640 feet north of the centerline of East Honeywood Lane.
To retain an existing ground mounted satellite dish.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Conditional Use Permit No. 3360 APPROVED (ZA90-111) with added
condition that the site screening of the satellite dish shall consist
of minimum ten gallon sized Cypress Leylandii planted on maximum three
foot centers with permanent irrigation facilities. Said landscaping
and irrigation facilities shall be permanently maintained.
End of the Zoning Administrator Items.
179: ORDINANCE NOS. 5188, 5189 AND 5190 - INTRODUCTION: Councilman Ehrle
offered Ordinance Nos. 5188 through 5190, both inclusive, for first reading.
E4. ORDINANCE NO. 5188: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING. (RezoningApproximately 12 acres on the west side of Anaheim Hills
Road between Santa Ana Canyon Road and Nohl Ranch Road, from the
RS-A-43,000(SC) to the OS(SC) zone.)
B5. ORDINANCE NO. 5189: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING. (Rezoning property located at 705 South Velare Street, from the
RS-A-43,000 zone to the RM-1200 zone.)
B6. ORDINANCE NO. 5190: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING. (Rezoning property located at 558 South Anaheim Boulevard from the CG
zone to the CL zone.)
B7. 179: RECLASSIFICATION NO. 86-87-14 AND VARIANCE NO. 3611 - REQUEST FOR
EXTENSIONS OF TIME:
REQUESTED BY: THOMAS KIEVIET, FARANOAND KIEVIET (on behalf of the
Desai Family), 100 South Anaheim Boulevard, Suite 340, Anaheim, CA
92805.
LOCATION: 2240 West Lincoln Avenue. Property consists of
approximately 0.8 acres located 160 feet southerly of the south side
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City Hall, Anaheim, California - COUNCIL MINUTES - December 4, 1990, 5:30 p.m.
of Lincoln Avenue and 530 feet west of the centerline of Brookhurst
Street.
Petitioner requests an extension of time for Reclassification No.
86-87-14 and Variance No. 3611, retroactive to February 3, 1990, and
to expire February 3, 1992.
Reclassification No. 86-87-14 is for a change in zone from CL to
RM-1200 and Variance No. 3611 is to construct a 34-unit affordable
apartment complex with code waivers of required lot frontage, minimum
site area per dwelling unit, maximum building height and maximum site
coverage.
Councilman Pickler. The project is an old one and he has some problems with
it. This is for an affordable apartment complex on Lincoln Avenue near
Brookhurst. He is not ready to move for approval of extensions of time.
MOTION: Councilman Pickler moved to continue the request for extensions of
time on the subject Reclassification and Variance to Tuesday, December 18,
1990. Councilman Daly seconded the motion. MOTION CARRIED.
BB. 179:
VARIANCE NO. 3912 - REQUEST FOR TERMINATION:
REQUESTED BY: JON D. DYE, DMST DEVELOPMENT, 1203 West Lambert Road,
Suite 200, Brea, California 92621.
LOCATION: 217-223 North Coffman Street.
Petitioner requests termination of Variance No. 3912.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-425.)
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-425 for adoption, terminating
Variance No. 3912. Refer to Resolution Book.
RESOLUTION NO. 90R-425: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 3912 AND
DECLARING RESOLUTION NO. 89R-178 NULL AND VOID.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 90R-425 duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 4, 1990, 5:30 p.m.
B9. 179: NUNC PRO TUNC RESOLUTION - RECLASSIFICATION NO. 89-90-49:
WAIVER OF READING - RESOLUTION: The title of the following Resolution was read
by the City Clerk. (Resolution No. 90R-426.)
Councilman Daly moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Daly offered Resolution No. 90R-426 for adoption, finding and
determining that the zoning map referred to in Title 18 of the Anaheim
Municipal Code should be amended and that the boundaries of certain zones
should be changed (nunc pro tunc). Refer to Resolution Book.
RESOLUTION NO. 90R-426: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAPREFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN
ZONES SHOULD BE CHANGED. (NUNC PRO TUNC.)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Ehrle and Hunter
The Mayor declared Resolution No. 90R-426 duly passed and adopted.
B10. 170: AN ITEM FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 5, 1990.
Proposed code amendment pertaining to Tentative Parcel Map Processing.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended Approval.
Councilman Daly offered Ordinance No. 5191 for first reading. Refer to
Ordinance Book.
ORDINANCE NO. 5191: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS
17.08.060, 17.08.080, 17.08.080, 17.08.100, 17.08.110, 17.08.120, 17.08.160,
17.08.170 AND 17.08.180 OF CHAPTER 17.08, AMENDING SECTIONS 17.09.130 AND
17.09.170 OF CHAPTER 17.09 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE ~tELATING
TO SUBDIVISIONS AND AMENDING SECTION 18.12.040 OF CHAPTER 18.12 OF TITLE 18
RELATING TO ZONING ADMINISTRATOR.
ITEMS OF PUBLIC INTEREST:
Bill Ericson. The Mayor has mentioned that he wants to add 50 more Police
Officers to the City's force. He (Ericson) advocates the addition of more Code
Enforcement Officers as well and that the City adopt a proactive Code
Enforcement policy. He is asking the Council to direct the City Manager to
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City Hall, Anaheim, California - COUNCIL MINUTES - December 4, 1990, 5:30 p.m.
spearhead such an effort. He also recommended that plastic coated benches be
used in the Redevelopment area. This makes them physically graffiti-proof with
less maintenance. Some are currently in use at the George Washington Community
Center. He is also recommending that the Council require that anti-graffiti
coating be applied on all wall areas in the Redevelopment project area.
179: PUBLIC REARING - ABANDONMENT NO. 90-16A: In accordance with application
filed by Ben Agarwal, B and V Associates, 30032 Avenida Classica, Rancho Palos
Verdes, California 90274, public hearing was held on proposed abandonment of a
public utility easement for electrical facilities located approximately
285 feet north of Lincoln Avenue, and west of Magnolia Avenue - 2625 West
Lincoln Avenue, pursuant to Resolution No. 90R-388, duly published in the
Anaheim Bulletin and notices thereof posted in accordance with law.
Report of the City Engineer dated October 15, 1990, was submitted recommending
approval of the Abandonment.
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 REPORT - CATEGORICAL EXEMPTION= On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council ratified the
determination of the City Engineer 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 EIR. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the city Clerk. (Resolution No. 90R-427.)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-427 for adoption, approving
Abandonment 90-16A. Refer to Resolution Book.
RESOLUTION NO. 90R-427: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING THAT PUBLIC UTILITY EASEMENT LOCATED NORTH OF LINCOLN AVENUE
AND WEST OF MAGNOLIA AVENUE. (90-16A)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS;
Simpson, Daly, Pickler, Ehrle and Hunter.
None
None
The Mayor declared Resolution No. 90R-427 duly passed and adopted.
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City Hallr Anaheimr California - COUNCIL MINUTES - December 4~ 1990r 5:30 p.m.
107= PUBLIC HEARING - HOUSE MOVE-ON PERMIT - 2 SINGLE FAMILY STRUCTURES: To
consider the application of the Anaheim Redevelopment Agency to move two
residential, single-family structures at the following locations:
From: 320 East Cypress Street
From: 217 North Emily Street
To: 217 North Emily Street
To: 320 East Cypress Street
Published November 24, 1990 and notification given by mail to all persons
residing within a radius of 300 feet from the property upon which it is
proposed to move said structures.
Submitted was report dated November 21, 1990 from the Chief Building Official,
Wayne West, recommending that the Council adopt a resolution approving the
special permit.
Joel Fick, Planning Director. Me briefed the subject report
noting that after consultation with the neighbors and the
developer it was determined that a better project would result by
switching the two subject structures that were involved in a
move-on of six homes. The Planning Department has reviewed the
proposal, concurs with it and recommends approval.
Mayor Hunter asked to hear from anyone who wished to speak either in favor or
in opposition; there being no response he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Pickler, seconded by Councilman Ehrle, the City Council ratified the
determination of the Planning Department 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 EIR. MOTION
CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-428).
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-428 for adoption approving a
special permit to move two single family structures in the Redevelopment
Project Alpha in the City of Anaheim. Refer to Resolution Book.
RESOLUTION NO. 90R-428: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A SPECIAL PERMIT TO MOVE TWO (2) SINGLE-FAMILY STRUCTURES IN
REDEVELOPMENT PROJECT ALPHA IN THE CITY OF ANAHEIM.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 4, 1990, 5:30 p.m.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 90R-428 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3347 AND NEGATIVE
DECLARATION:
OWNER: John Kocyla
P. O. Box 9832
Anaheim, California 92804
AGENT: Sure Shot Inc.
Attention: Mark Kromka
511 South Brookhurst Street
Anaheim, California 92804
LOCATION/REQUEST: The property is located at 511 South Brookhurst Street and
is approximately 1.9 acres located on the west side of Brookhurst Street and
approximately 260 feet north of the centerline of Orange Avenue.
The request is to permit on-sale of alcoholic beverages in an existing
restaurant including a separate bar with dancing.
ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3347
granted, for two years (PC90-248) subject to stipulations of applicant to
police and supervise parking lots area, shield compressor area in rear so that
noise would not be a problem, close at 2:00 a.m., provide landscaping and
remove existing astro-turf. Game room limited to two pool tables and two
pinball machines. (4 yes votes, 2 no votes, and 1 absent).
Approved Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and Councilman Daly at the meeting of November 13, 1990 and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin November 21, 1990.
Mailing to property owners within 300 feet - November 20, 1990.
Posting of property November 21, 1990.
PLANING STAFF INPUT:
See staff report to the Planning Commission dated October 22, 1990.
Mayor Hunter first asked for a show of hands of those present on this item;
there were approximately 70 people present. He thereupon announced that
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City Hall, Anaheim~ California - COUNCIL MINUTES - December 4r 1990r 5:30 p.m.
approximately 10 minutes would be given to each side to state their case with
an opportunity for a rebuttal by the applicant. He first asked to hear from
the applicant or applicant's agent.
APPLICANT'S
STATEMENT:
Mark Kromka, President of Sure Shot, 511 South Brookhurst. He
has heard and listened to the complaints of the neighborhood
during the time the issue was set for a second public hearing.
He has presented the Council with a set of pictures of the
property and some of the area (made a part of the record), some
showing the work that was done during the time that the Planning
Commission was deciding the matter. He completely remodeled the
back of the building. He has spent a large amount of money on
the project. He wants to work with the neighborhood. His type
of clientele are quiet and well behaved. His previous business
was located at 1732 South Euclid Street for three years. He
wants to keep his business in Anaheim. The back door of his
previous business was within five feet of a wall separating it
from a residence. Those three years, there was not one complaint
he is aware of registered against his sound system or the
business. His business does not promote the problems of drunk
driving, drug traffic or prostitution. He has his own program
within his business for controlling any problems that might
arise. He urged the Council to look at his previous record at
1732 South Euclid to be apprised of the type of operation he
runs. Ne will do the same at the new location. Ne understands
the complaints of the residents and agrees but he does not have
the power to clean the area up on this own. He will work with
the residents to show that his business will not bring problems
to the area.
PUBLIC DISCUSSION-
IN FAVOR:
None
PUBLIC DISCUSSION-
IN OPPOSITION:
Robert Spidel, 407 South Archer Street. His first request is
that the Council place a moratorium on any more bars in the area
on Brookhurst Street between Broadway and Ball Road. There are
already more than 30 businesses in that area that sell alcoholic
beverages. Between 405 and 511 South Brookhurst, there are 13
businesses, 7 of which sell alcoholic beverages. To grant this
request will make 8 out of 14 or 57% of the businesses in that
one block. The former business at 511 South Brookhurst (Skinny
Haven) did not sell alcoholic beverages. That one block has
deteriorated - it is run down, crime ridden and it is an
eyesore. It attracts a large crowd of drinkers. There are also
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City Hall, Anaheim, California - COUNCIL MINUTES - December 4, 1990, 5:30 p.m.
many dance halls in the area. On the night of November 16, 1990,
he walked the area between 10:30 and 11:00 p.m. and there were no
parking spaces available. Allowing another bar with no parking
available currently, patrons will be parking in the residential
neighborhood. Even now the neighborhood is awakened during the
night with yelling and fighting, motorcycles, auto burglar alarms
going off, police sirens and helicopters, etc. In surveying the
neighborhood, he found no one who patronized any of the bars.
The patrons all come from outside the neighborhood or the City.
They do not want any more bars and want a moratorium placed on
new Conditional Use Permits requesting to sell alcoholic
beverages in the area
Leroy Merrill, Senior Pastor, representing Faith Lutheran
Church. The Church's back property line is approximately 50 feet
from where Sure Shot is located. He then relayed incidents and
problems already experienced because of the bars and other
establishments in that rundown, "slum" area. Some of the
problems involve cars parking on the Church lot and people
climbing over the back fence to patronize the bars, vagrants,
loitering, littering the property, etc. The character of the
neighborhood needs desperately to be uplifted and he has yet to
see a bar that can do that for an area. On behalf of the Faith
Lutheran Church, he urged the Council not to approve the use.
There are more than adequate facilities selling alcoholic
beverages in that area without adding another.
George Kearney, 331 South Archer (one block from the proposed
establishment). He has lived there for 30 years and has seen
many changes over that period. He is not opposed to progress and
improvement as stated in the testimony, the changes have not all
been towards improvement of the community. The chief detriment
to the area has been bars and establishments that sell alcohol.
He lives in a two story home that probably gets more noise and
cannot keep windows open in the evening. He urged the Council to
visit the area any night after 10:00 to experience what is going
on first hand.
SUMMATION BY APPLICANT:
Mark Kromka. He has spent approximately $8,000 getting the
business together. Some of the incidents the pastor related are
things he will not tolerate. He understands the problems. He is
a strict business owner. If everyone ran their business as
carefully as he, they would not have the problems with transients
and the things that they do. He can be an advocate or an enemy -
he wants to be an advocate. If he is allowed to conduct the
business, they will see a change. He cannot be held responsible
for the problems in the area not created by him.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 4, 1990, 5:30 p.m.
He urged the Council to look at his past record and the type of
business he ran. He believes in running a responsible business.
COUNCIL ACTION=
Mayor Hunter closed the public hearing.
Councilman Ehrle. He cannot imagine how approving an additional
bar is going to help clean up the neighborhood. This is a land
use issue that encompasses not just this facility but many
blocks. The staff report from the Chief of Police indicates over
34 locations in the immediate area that serve alcoholic beverages
and over 2,000 police calls have been made relating to that area
over the past 6 months. He is concerned about the entire
neighborhood. Many of the restaurants and businesses have a
Conditional Use Permit. As a Council, they should evaluate the
facilities located in that specific area, look at each individual
and dependent on the number of police calls, evaluate rescinding
some of the CUPs on a case-by-case basis. Approving the subject
facility would do nothing but help create an additional problem
in the area.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Hunter, 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-429)
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-429 for adoption denying
Conditional Use Permit No. 3347 upon the following finding= that the proposed
use will (1) adversely affect the adjoining land uses and the growth and
development of the area and, (2) that it is detrimental to the peace, health,
safety and general welfare of the citizens of Anaheim due to the over
saturation of the area with on-sale alcoholic beverage establishments and that
such a business would be detrimental to other uses in the area including but
not limited to the residential propertiesr the Churchr the three grade schools
in the area and one girls' high school. Refer to Resolution Book.
RESOLUTION NO. 90R-429: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3347.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 4, 1990, 5:30 p.m.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 90R-429 duly passed and adopted.
RECESS: By general consent the Council recessed for ten minutes. (7:02 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present. (7:23 p.m.)
127: PLACEMENT OF ADDITIONALMEASURES ON THE MARCH 5, 1991 SPECIAL ELECTION
BALLOT: Some items to be discussed: Direct election of the Mayor without the
requirement of having served as a Council Member; Term limitations; Council
salaries (using the language recommended by the Charter Review Committee), and
any other issue(s) that may be determined by the Council.
Mayor Hunter. Since a special election is going to be held, he feels it is an
opportune time to fine-tune some provisions in the City Charter, one relating
to the direct election of the Mayor and the other, Council compensation. He
would also like to introduce a proposal placing on the special election ballot
some type of Benefit Assessment District for Public Safety.
City Attorney White. The Council has until not later than Friday, December 7,
1990, to adopt the resolution setting forth any additional measures that will
be on the special election ballot.
DIRECT ELECTION OF THE MAYOR:
Councilman Daly. Relative to the direct election of the Mayor, he proposed
alternate language that deletes the requirement of forced resignation from the
Council if a person wants to run for Mayor but still allowing any citizen to
run for Mayor and still retaining the four year term.
Councilman Ehrle. He asked for clarification that Councilman Daly is
recommending language that the Mayor be a separate position, that being a four
year term, anyone can run for the position and a current Council Member would
not have to resign in order to seek that office; Councilman Daly answered that
was correct.
Councilman Ehrle. Relative to term limitations which he suggested, he has
reviewed the matter and discussed it with other people. There is a possibility
that the current concept will probably be challenged. He asked the City
Attorney to speak to the constitutionality of term limitations.
City Attorney White. There are perhaps a couple of reasons why the Council may
wish to consider holding in abeyance consideration of putting term limitation
measures on the ballot at least for the time being. There has been no judicial
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City Hallt Anaheimt California - COUNCIL MINUTES - December 4r 1990, 5:30 p.m.
determination as to the ability of charter cities to adopt term limitations.
Uniformly throughout the state, the court has struck down term limitations in
general law cities. He feels they will be sustained but it is not clear at
this point. Between now and the next general municipal election, he is
confident that issue will be before the courts and they will then know one way
or the other.
The second reason, due to the recent passage of the State Initiative Measure
(proposition 140) which limits terms of State legislators, undoubtedly that
will be subject to litigation within the next two years. The reason behind the
court's decision as to whether or not those limits are sustainable, or found to
be invalid, would probably have a direct or at least indirect bearing upon the
validity of a similar position in the City Charter. For those reasons, the
Council may find it prudent rather than addressing this issue on this special
election ballot to await the outcome of those legal challenges and keep the
City out of the forefront of leading the legal battles.
Councilman Ehrle. Based on the City Attorney's recommendation, he is
withdrawing hie suggestion relative to term limitations at this time.
Councilman Hunter. Relative to the direct election of the Mayor without the
requirement of having served as a Council Member, this will be opening it up to
anyone in the City to run, increasing the term from two years to four years and
creates the Office of Mayor as a separate Council seat thereby eliminating the
requirement that the candidate run for the Office of Mayor and Council. The
number of Council seats will then be four to coincide with the creation of the
Office of Mayor as a separate Council seat. This would then prohibit a
candidate from running for both Mayor and City Council at the same time and
that person would only be on the ballot once. It would not take effect until
1994 and each election there would be two Council Members up for election every
four years and also the Mayor.
After clarification, Mayor Hunter stated that the direction is that this
measure be placed on the special election ballot.
City Attorney White. The only question he has, it will be deleting the
requirement that an incumbent Member of the Council resign as a pre-condition
to running for Mayor. He asked if there was the desire to add any other type
of requirement. If a Member of the Council runs for Mayor and loses, he is
still on the Council even after the next election.
Mayor Hunter. He did not think that was the intent. At some point the seat
would be vacated but the person would not have to resign. The way it is worded
now the person would have to resign immediately when pulling papers; Councilman
simpson. He believes the intent was that a person cannot run for both
offices.
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City Hallr Anaheimr California - COUNCIL MINUTES - December 4r 1990, 5:30 p.m.
Councilman Ehrle. The issue the Mayor is trying to raise, when the person who
is Mayor is running for reelection and a Council Member is not up for
reelection if they wish to run for Mayor that their term would expire at the
time the election was over. After considering the matter, he wonders if that
is equitable. Just because a person is running for Mayor and is a Council
Member and the Council term has not expired why that person should be punished.
City Attorney White. What he hears the Council saying, they do not want to
have a person in mid-term who runs for Mayor, have to leave the Council before
the four year term is up just for the privilege of running for Mayor. A person
could not run for both offices because they could not serve in both.
Councilman Pickler. He is of the belief that anybody who desires to run for
Mayor relinquish his Council seat. There is a possibility if a Council Member
is in mid- term and they become Mayor and the Mayor is just finishing a term,
the Mayor will be out and it will create a vacant seat.
At the conclusion of further discussion and Council input, City Attorney White
stated the way to accomplish what Councilman Pickler was suggesting is by
placing a provision in the Charter Section that says that any person who is an
incumbent Member of the Council who files nominating papers for the Office of
Mayor is deemed to have relinquished his or her seat on the Council effective
upon the declaration of the results of the next general municipal election and
that at such election the unexpired portion of that Council Member's term shall
be filled by that election and the person who receives the highest number of
votes who does not otherwise have sufficient votes to be elected to the full
four year term would be elected to the unexpired portion. If the Council meets
again on Friday, he will submit alternate language.
COUNCIL SALARIES=
Mayor Hunter. The Charter Review Committee over a year discussed Council
compensation and recommended a Charter amendment which the Council has
discussed several times~ Councilman Ehrle. Ne personally favors the Charter
Review Committee proposed Charter amendment as written~ however, Councilman
Daly had some alternatives that he would be willing to discuss and consider.
Councilman Daly. He is going to propose $1200 a month for the Mayor and $800 a
month for Council Me,ere and delete the Consumer Price Index (CPI) increase
every three years.
Councilman Pickler. He would like to propose two figures for the ballot and
let the people decide - one figure at $800 a month and the other $1200 a
month. He has no problem with the CPI provision.
After further Council discussion, the City Attorney was directed to submit
alternate language relative to Council salaries in accordance with Council
discussion and also the Charter Review Committee language.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 4, 1990, 5:30 p.m.
PUBLIC SAFETY BENEFIT ASSESSMENT:
Mayor Hunter. Everyone is aware there is a need to increase Police protection
in the City but funding for additional Police Officers, support personnel and
equipment has been lacking. Based upon population and current crime statistics
the Police Department has identified the need as of today to increase sworn
personnel by 40 additional Officers in order to provide a satisfactory level of
service to the Anaheim community. This would provide for an acceptable safety
level for Department employees while operating in the field. The cost estimate
for 40 additional Police Officers and non-sworn support personnel, equipment
and services, etc. is estimated in current dollars to be $4,150,000.00. He
suggests, therefore, that a measure be placed on the special election ballot,
an advisory vote only, worded somewhat as follows: "Should the City Council
create a Public Safety Benefit Assessment District throughout the City to
finance the cost of providing public safety personnel for the City of
Anaheim." It should be placed on the ballot to decide if the people would be
favorable to such a Benefit Assessment District increasing public safety
personnel - Police Officers and support - and, if needed, Fire personnel. If
such a vote passes, then public hearings can be held and the Council can decide
how and why and the actual cost to put together a Public Benefit Assessment
District in the City of Anaheim. He believes the voters in the City are ready
to say yes.
Council Members Daly and Ehrle expressed their support for placing the issue on
the ballot for an advisory vote.
Councilman Pickler. He agrees with the need for more Policemen. However, he
does not feel comfortable with an advisory vote but would prefer a resolution
of the issue - the people know what is needed and a ballot measure should be
one asking if they concur, not an advisory vote.
Councilman Simpson. He agrees with Councilman Pickler's philosophy to some
extent. If this were June of 1992, he would agree because he feels they would
have a representative cross section of the City. From a personal standpoint,
he would be concerned putting an issue of that magnitude on a special election
ballot that may draw anywhere from 8% to 12% of the voters. It then becomes
law and only potentially 8% to 12% of the people in the City would be
responsible for passing that law. Even making a firm decision from the results
of that special election with that small number of people would concern him.
He believes, however, they could take that information and have it analyzed by
people who do that type of analysis and perhaps strengthen that with a very
definitive poll of some kind and as a result may come close to what public
sentiment ~s. It is on that Basis that he is going to support putting ~t on
the special election ballot. He would be a lot more comfortable placing the
issue on a general election ballot that would draw at last 40% to 60% of
Anaheim voters.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 4, 1990, 5=30 p.m.
After further comments on the matter, City Attorney White stated he recommends
then that the Council recess to Closed Session to consider the items on the
Closed Session portion of the agenda after which it would be his understanding
the Council would be adjourning to Friday, December 7, 1990 at 4=00 p.m. for an
adjourned regular meeting to finalize the measures/language to be placed on the
March 5, 1991 special election ballot.
RECESS - CLOSED SESSION~ By general consent the Council recessed to Closed
Session. (8=00 p.m.)
AFTER RECESS= The Mayor called the meeting to order, all Council Members being
present. (10=34 p.m.)
ADJOURNMENT= Councilman Hunter moved to adjourn to Friday, December 7, 1990 at
4=00 p.m. for an adjourned regular meeting to make a final decision on
additional ballot measures/language for the March 5, 1991 special election
ballot. Councilman Simpson seconded the motion. MOTION CARRIED. (10=35 P.M.)
LEONORAN. SOHL, CITY CLERK
1142