1989/06/13City Hall, Anaheim, California - COUNCIL MINUTES June 13, 1989, 10:00 A.M.
The City Council of the City of Anaheim met in adjourned regular
session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ADMINISTRATIVE SERVICES DIRECTOR: Ron Rothschild
PROGRAM DEVELOPMENT & AUDIT MANAGER: Ken Stone
ASSISTANT EXECUTIVE DIRECTOR: John Buchanan
CITY ENGINEER: Gary Johnson
PLANNING DIRECTOR: Joel Fick
DIRECTOR OF MAINTENANCE: John Roche
DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES: Chris 3arvi
HUMAN RESOURCES DIRECTOR: Dave Morgan
CONVENTION CENTER GENERAL MANAGER: Lynn Thompson
STADIUM GENERAL MANAGER: Greg Smith
CHIEF OF POLICE: Joseph Molloy
LABOR RELATIONS DIRECTOR: Garry McRae
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:30 p.m. on June 9, 1989 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Hunter called the adjourned regular meeting of June 6, 1989 to order at
10:12 a.m.
106; PUBLIC HEARING - RESOURCE ALLOCATION PLAN: To consider the proposed
1989/91 Resource Allocation Plan (RAP) budget.
Submitted were two reports from the Program Development & Audit Manager, Ken
Stone, dated June 6, 1989, the first explaining the public hearing process on
the City's 1989/91 budget and the second recommending the establishment of an
appropriations limit for the fiscal year commencing June 1, 1989, ending
June 30, 1990 at $123,176,083. Also submitted was report dated June 6, 1989
from the City Manager containing Departmental Resource Allocation Plan
Supplemental Package Requests recommending that the Council provide direction
concerning those unfunded 1989/91 budget requests.
Mr. Bob Simpson, City Manager opened the presentation noting that the budget
is submitted for Council consideration, and adoption of the 1989/91 RAP is
recommended. Mr. Simpson then briefed his transmittal letter contained on
pages 4 and 5 of the Resource Allocation Plan - 1989/90 - 1990/91.
The Plan was guided by the City's Mission Statement to provide the leadership
and service necessary to make Anaheim a quality place in which to live, work
and play. The City is committed to providing quality public services to the
community in a responsive, cost-effective and caring way. For all funds
including enterprise and federally supported programs/projects, the 1989/90
and 1990/91 proposed Plans total $496,010,579 and $503,417,894, respectively.
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City Hall, A~aheim. California COUNCIL MINUTES - June 13, 1989, 10~00 A.M.
The budget is balanced without the use of one-time revenues or excessive
depletion of reserves to fund ongoing operations. He also briefed the
philosophy and process used to develop the 2-year Plan, alternative solutions
to resolve the revenue/expenditure imbalance and the issues where policy
direction is being sought (see page 5 of the Plan).
Enhancement packages recently revised by staff total $5.5 million for 1989/90
and $6.3 million for 1990/91. While that money represents enhancements to
existing service levels, departments would be hard pressed to meet anticipated
service demands in some areas, which he briefed. Funding all restoration and
enhancement packages would require $5.6 million in 1989/90 and $6.9 million in
1990/91 more than existing revenue sources are estimated to provide.
Before concluding, Mr. Simpson also explained the reasons for the inordinate
amount of growth in General Fund expenditures between 1986/87 and 1990/91
(page 14 of the Plan).
City Manager Simpson then introduced and prefaced each Department's budget
presentation giving its location in the Budget Document, Capital Improvement
Plan, where applicable, budget totals and any policy issues that needed to be
addressed as well as enhancements.
The following Deparument Heads then gave an overview of their Department's
plans and goals for the coming year(s) and/or an explanation relative to their
proposed budget requirements as well as addressing policy issues where
applicable.
Assistant Executive Director, John Buchanan Community
Development Department: RAP Pages 33-35. Budget total 1989/90,
$76,327,089 - 1990/91, $65,640,958. No Capital Improvements
requested.
Director of ~ublic Works/City Engineer. Gary Johnson - Public
Works/Engineering: RAP Page 37. Capital Improvement Project,
Pages 60-88 of the City of Anaheim Capital Improvement Plan -
1989-1994 (CIP). 1989/90 Operating Plan, $6,013,131. Capital
Improvements, $33,044,980. Combined total - $39,058,111.
1990/91 Operating Plan, $6,243,108. Capital Improvements,
$22,981,429. Combined total, $29,224,537. Policy issues -
Cttywide Transportation Improvements. A revenue enhancement
package will be brought forth to fund expanded traffic
mitigation efforts. Unfunded supplemental packages total
$1,052,292 for 1989/90 and $1,114,145 in 1990/91.
planning Director. Joel Fick - Planning & Zoning Department:
RAP Pages 53-55. 1989/90 operating Plan, $5,127,010. No
Capital Improvement Projects. 1990/91 operating Plan,
$5,277,317. No Capital Improvement Projects. Policy issues
Countywide Growth Management Plans, graffiti removal and Code
Enforcement programs. Unfunded supplemental enhancement
packages total $293,454 for 1989/90 and $406,618 for 1990/91.
548
City Hall, Anaheim, California COUNCIL MINUTES - June 13, 1989, 10;00 A,M.
At the conclusion of Mr. Fick's presentation, Councilman Daly
posed questions relative to the Growth Management Plan;
Councilwoman Kaywood commented relative to the Code Enforcement
Program. She would like to see staff come up with another
method of funding the program. It may be time to again look at
an outside source of funding which would allow the City to reach
the number of Code Enforcement officers the City feels necessary
to do the job.
~irector of Maintenance, John Roche Maintenance Operations:
RAP Pages 49-51. 1989/90 Operating Plan, $42,821,934. No
Capital Improvements. 1990/91 Operating Plan, $45,089,103. No
Capital Improvement. Policy issues Vision 2000 strategies for
street maintenance, repair and sanitation. One patch crew was
eliminated. A request for keeping the second crew has been
submitted. Unfunded supplemental packages to restore existing
service levels for 1989/90, $147,467 and for 1990/91, $157,413.
Unfunded supplemental enhancement packages for 1989/90, $33,655
and for 1990/91, $213,586.
At the conclusion of Mr. Roche's presentation, City Manager
Simpson, answering Councilman Pickler, explained that the
funding for the pothole crew to be restored, can be accomplished
in one of two ways, increase revenues or take money from other
sources and consequently that source will be reduced accordingly.
Councilwoman Kaywood noted that some communities have what is
called an, "adopt a pothole" program which may be worth looking
into.
Director of Parks, Recreation ~ Community Services, Chris Jarvi
- P~Nks, Recreation ~ Community Services Department: RAP Pages
39-41. Capital Improvement Plan, Pages 19-32. 1989/90
Operating Plan, $12,751,284. Capital Improvements, $1,472,960.
Total Plan, $14,224,244. 1990/91 Operating Plan, $13,352,563.
Capital Improvements, $1,491,326. Total Plan, $14,843,389.
Policy issues - there are high priority issues currently not
funded which address additional Vision 2000 strategies or
improve productivity and facility appearance - garage for tree
aerial units, graffiti removal, Olive Hills slope stabilization,
Lincoln Avenue median rehabilitation, moisture sensing
equipment, urban reforestation, office automation. Unfunded
supplemental enhancement package total for 1989/90, $1,177,151
and for 1990/91, $735,222. Mr. Jarvt's presentation was
supplemented by slides.
Councilwoman Kaywood.
She noted the estimated cost for the Olive Hills slope
stabilization is between $450,000 and $1 million. Normally the
City would not be spending that kind of money. She questioned
whether private enterprise should be looking into that.
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City Hall, Anaheim. California - COUNCIL MINUTES - June 13, 1989, 10;00 A,M,
Mr. Jarvi.
The one option that is opposed by at least some of the residents
is the actual selling of the property with whatever revenue
received to be expended toward development of tennis courts some
place else. The problem is the City would be losing a park
site. People in the area are used to using the tennis courts on
that site and do not want to see them go, but a private
developer putting residential in that canyon could probably
offset the cost for maintaining the slopes. The study the
Department has done has indicated it would be a minimum of
$400,000 to repair the slopes. There is no funding source. It
is a policy issue.
Councilman Daly.
He noted that Mr. Jarvi reported the City has not been spending
General Fund money on any park development, rehabilitation or
new facilities; Mr. Jarvt stated that policy has been in place
for at least 10 years or longer.
Councilman Daly.
He would support a reconsideration of that policy since there
are so many park needs in the City for meeting space, open
space, etc., in almost every neighborhood of Anaheim. It is
time to consider allowing the Parks Department capital projects
to compete for General Funds. He does not know what it will
take to do that but feels it is necessary to look at the policy
and change it.
Human Resources Director. Dave Morgan - Human Resources
Department: RAP Page 66. 1989/90 Operating Plan, $2,443,696.
No Capital Improvements. 1990/91 Operating Plan, $2,380,194.
No Gapttal Improvements. Unfunded supplemental enhancement
package for 1990/91, $25,000.
Convention Center General Manager. Lynn Thompson - Convention
Center: RAP Page 43. Capital Improvement Plan, Pages 13-14.
1989/90 Operating Plan, $20,633,733. No Capital Improvements.
1990/91 Operating Plan, $24,254,542. Capital Improvements,
$519,477. Total Plan, $24,774,019. Unfunded supplemental
enhancement package for 1989/90 $433,000 and for 1990/91,
$760,000. (Adjustments to the budget for 1989/91 were also
given.)
Stadium General Manager. Greg Smith - Anaheim Stadium; RAP
Page 47. 1989/90 Operating Plan, $21,114,240. No Capital
Improvements. 1990/91 Operating Plan, $22,361,864. No Capital
Improvements. Policy issue - The Stadium is a 23-year old
facility. Long-term rehabilitation and maintenance requirements
have necessitated establishing appropriate reserves. This has
been addressed in the 1990/91 Stadium budget with excess
revenues and expenditures credited to those replacement reserves.
55O
City Hall, Anaheim, California - COUNCIL MINUTES June 13, 1989, 10:00 A.M,
Councilman Daly.
He commended Mr. Smith and City Manager Simpson for facing up to
the issue of maintenance and for the commitment in the second
year of the 2-year budget in addressing those maintenance
matters by planning for any surplus monies to remain at the
Stadium.
Chief of po~$ce, Joseph Molloy - Police Department: RAP
Pages 27-29. Capital Improvement Plan, Pages 33-34. 1989/90
Operating Plan, $43,116,605. Capital Improvements, $3,508,000.
Total Plan, $46,624,605. 1990/91 Operating Plan, $44,903,484.
Capital Improvements, $8,000. Total Plan, $44,911,484. Policy
issues - increased staffing for the automation detail for the
computer aided dispatch and records management systems, computer
automation hardware, new positions for the records bureau and
detention facility and shooting range modifications. In
Fiscal Year 1990/91 it will be necessary to remove six full-time
Police Officer positions from the budget because of a General
Fund shortfall. The remaining source of funding for the
completion of construction of the permanent substation in
Anaheim Hills has not yet been determined. Unfunded
supplemental enhancement package for 1989/91, $1,869,906 and for
1990/91, $2,836,888. Unfunded supplemental package to restore
existing service levels for 1990/91, $485,000.
Adjustments - A recent addition to the Police Department's
budget involves $497,000 in Fiscal Year 1989/90 and $523,000 in
1990/91 to provide animal control services in Anaheim. These
services had been provided by the County in exchange for animal
license revenues; however, the sizable gap between revenues and
program costs has prompted the County to terminate existing
contracts for service effective June 30, 1989. It is another
example of a new financial demand upon the City by the County
without a related revenue source. To fund the program which
would be administered by the Police Department, City Manager
Simpson recommends utilizing freed-up General Fund revenues from
a reduced General Fund transfer to the Gonvention Center
re~ulting from the proposed $1 Convention Center parking
increase. During 1989/90 staff will explore alternative
arrangements for providing the service in an attempt to reduce
the cost to the City.
Chief Molloy then spoke in more detail to the animal control
issue, the addition of Police Officers for the DUI Program, the
increase in other operating costs for vehicle maintenance,
facility maintenance, data processing fees as well as
certificates of participation and debt service. Despite
escalating costs, the Department will continue to maintain the
same service levels in the first budget year.
551
City Hall, Anaheim, California - COUNCIL MINUTES - June 13, 1989, 10;00 A,M,
Ken Stone, Manager, Program Development & Audit, answered
questions posed by Councilman Daly relative to the increase in
the operating plan of approximately $5 million in the first year
(see page 17 of the Plan). He explained the budget shows three
separate items. The $3.5 million Capital Improvement Project is
actually the proceeds anticipated to be expended on the police
substation in the Canyon which is a development fee partially
funded through Mello Roos of approximately $2.1 million and the
remaining fees would be assessed to developers of prqperties in
the service area. The second item - improvements made by Bond
Trustees is the expenditure for the Police 2000 Project
itself. Those funds are being held by a trustee and disbursed
on a reimbursement basis as contract billings are submitted.
The debt service itself for Police 2000, which this year is
increasing $1.4 million over the last year, is included in the
operating plan. Total debt service for Police 2000 is
approximately $3.4 million including a reprogr-mming of some of
the proceeds originally anticipated for the auto center that
were not needed to fund unanticipated cost increases in the
Police project, the most notable being asbestos removal. He
confirmed that the $5 million increase in the operating plan
includes between $1.3 and $1.4 million of increased debt
service, total debt service being $3.4 million. The debt
service for Police 2000 was staged, based upon the completion
dates of the various phases in the estimated economic life of
the projects. The $1.1 million to $1.4 million is basically the
increased debt service because it was anticipated that the new
office building and new jail would be completed at this point in
time. The debt service on the automation project is on a 5-year
schedule with another 2 years left on that which will drop by
about $1 million.
Councilman Ehrle asked the Chief if he was comfortable with the
proposed reduction of six positions in Fiscal Year 1990/91
budget as reflected in the submitted Plan; Chief Molloy answered
he was working with the City Manager's Office, the Assistant
City Manager and Program Development & Audit in trying to
identify funding sources. Although it does cause him some
concern, he is not overly alarmed.
Mayor Hunter stated at least in his opinion they will not be
cutting six Police Officers from the second year of the Police
Department's budget.
LaboN Relations Director, Garry McRae - Sabot Relations
Department: RAP Page 66. 1989/90 Operating Plan, $449,638. No
Capital Improvements. 1990/91 Operating Plan, $482,776. No
Capital Improvements. No Policy issues. Mr. McRae noted this
was the first Labor Relations Department budget submitted since
the Department was created only a year ago, last October, 1988.
552
City Hall, Anaheim. California COUNCIL MINUTES - June 13, 1989, 10;00 A.M.
Mayor Hunter opened the public hearing on the 1989/91 City budget and the
public hearing on the Fiscal Year 1989/90 appropriations limit (see report on
the appropriations limit dated 3une 6, 1989 from the Program Development &
Audit Manager, recommending establishment of an appropriations limit for the
Fiscal Year commencing July 1, 1989, ending June 30, 1990 at $123,176,0863).
Mr. Chris Van Gorder, Chairman, 1989 Chamber of Commerce Blue
Ribbon Committee, then briefed the Anaheim Chamber of Commerce
Blue Ribbon Committee Report on the 1989/91 City of Anaheim
Resource Allocation Plan adopted June 9, 1989. (The report was
made a part of the record, Page 1 of which was a transmittal
letter dated June 9, 1989 from Mr. Van Gorder on behalf of the
Committee.) After opening remarks, Mr. Van Gorder reviewed the
specific recommendations made by the Chamber under the following
Departments Library, Page 2; Police Department, Page 4; Fire
Department, Page 5; Community Development, Page 6; Public
Works/Engineering, Page 7; Parks, Recreation & Community
Services, Page 8; Convention Center, Page 9; Golf, Page 11,
Stadium, Page 12; Maintenance Services, Page 13; Planning &
Zoning, Page 15; Public Utilities Department, Page 17; General
Government, Pages 18-20.
After his presentation, Mayor Hunter and Council Members
commended Mr. Van Gorder and the Committee for their work,
effort and input into the City's RAP (see list of Committee
Members on Page 21 of the Blue Ribbon Committee Report.)
City Manager Simpson.
Staff does not take exception to anything the Blue Ribbon
Committee has recommended with minor suggestions which will be
submitted next week. It is a positive effort. Staff has met
with the Chamber on more than one occasion and has offered to
have the Committee get involved in the process earlier in the
year. Mr. Van Corder is going to continue in his capacity as
Chairman for at least another budget cycle which will be helpful.
106; ANNUAL APPROPRIATIONS LIMIT - 1989/90: City Manager Simpson briefed
report dated June 6, 1989 from the Program Development & Audit Manager,
recommending establishment of an appropriations limit for the Fiscal Year
commencing July 1, 1989 and ending June 30, 1990 at $123,176,083 attached to
which were 7 Exhibits showing the calculation of the proceeds of taxes subject
to limitation as well as the appropriations limit and appropriations limit
margin. "In accordance with Article XIII B of the California State
Constitution, each local agency must establish an appropriations ltmt prior to
the commencement of each fiscal year. The recommended limit of $123,176,083
is based upon the appropriations limit for Fiscal Year 1988/89, $116,804,796,
adjusted for the growth factors in Anaheim population and the United States
consumer price index received from the State Department of Finance." The
action establishing an appropriations limit is an integral part of the 1989/90
Resource Allocation Plan.
553
City Hall, Anaheim, California - COUNCIL MINUTES - June 13, 1989, %0;00 A,M, --
Mayor Hunter asked if anyone wished to speak on the appropriations limit;
there was no response.
WAIVER OF READING RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-225)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-225 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 89R-225: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ADOPTING THE ANNUAL APPROPRIATIONS LIMT FORT HE FISCAL
YEAR 1989/90.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-225 duly passed and adopted.
MOTION: Councilman Hunter moved to continue the public hearing on the 1989/91
Resource Allocation Plan to Tuesday, June 20, 1989. Councilman Pickler
seconded the motion. MOTION CARRIED.
ADJOURNMENT: Councilman Hunter moved to adjourn the adjourned regular meeting
of June 6, 1989 (June 13, 1989), to Tuesday, June 20, 1989 at 2:00 p.m.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:30 p.m. )
LEONORA N. SOHL, CITY CIJF. RK
554
City Ha~l, Anaheim, California - COUNCIL MINUTES - June 13, 1989, 1;30 P,M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
(Councilman Pickler entered at 1:52 p.m.)
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
TRAFFIC ENGINEER: Paul Singer
ZONING ADMINISTRATOR: Annika Santalahti
PLANNING DIRECTOR: Joel Ftck
PURCHASING AGENT: Diane Hughart
FINANCE DIRECTOR: George Ferrone
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:30 p.m. on June 9, 1989 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Hunter called the meeting to order at 12:32 p.m.
REQUEST FOR CLOSED SESSION; City Attorney Jack Whtte 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; City of Anaheim vs. Anaheim Hotel Partnership, O.G.S.C.C.
No. 46-96-59.
b. To discuss labor relations matters - Government Code Section
54957.6.
c. To discuss personnel matters Government Code Section 54957.
d. To confer with its Attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To consider such other matters as are orally announced by the
City Attorney, City Manager or City Council prior to such recess
unless the motion to recess indicates any of the matters will not be
considered in Closed Session.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(1:52 p.m.)
INVOCATION: David Jobe, New Hope Treatment Center, gave the invocation.
FLAG SALUTE: Councilman Tom Daly led the assembly in the Pledge of Allegiance
to the Flag.
555
City Hall, Anaheim~ California - COUNCIL MINUTES June 13, 1989, 1:30 P,M. ~
119; PRESENTATION INTRODUCTION OF NEW CITY EMPLOYEES; City Clerk Leonora
Sohl stated that there are a number of employees participating in the new
orientation program who are present in the Chamber audience. New employees
will be introduced and after their names are announced, will be asked to stand
and remain standing until all have been introduced.
At the conclusion of announcing the names of the new employees, they were
welcomed by the City Council.
119: PRESENTATION - CERTIFICATES OF ACHIEVEMENT - EMPLOYEE INVOLVEMENT
PROGRAM; The following employees were presented with Certificates of
Achievement issued by the Employee Involvement Program Board of Directors
along with monetary awards of $30 to $135: Robert Wilson - Water Service Crew
Supervisor/Public Utilities, $30; Karen Hull, Management Assistant/Maintenance
Services, $30; Bradley Townsend - Police Officer, $30; Mike King and Victor
Dorado Apprentice Maintenance Pipefitters/Public Utilities, $135 each;
Martine Mtcozzt - Transportation Systems Specialist/Public Works, $30; Robert
Toscano Motor Sweeper Operator/Maintenance Services, $30; Ellis Williams,
Custodian/Maintenance Services, $50 and Eric Armeson - Custodian/Maintenance
Services, $30.
The suggestions submitted will either save City costs, improve service to the
public, or prevent possible hazards.
Mayor Hunter and Council Members congratulated each employee who was present
for their contributions.
119; PROCLAMATION; The following proclamation was issued by Mayor Hunter and
authorized by the City Council:
U.S. Coast Guard Auxiliary Day, June 23, 1989.
1~9; PRESENTATION - GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD AND
DECLARATION OF RECOGNITION - GEORGE FERRONE - FINANCE DEPARTMENT: Mayor
Hunter and Council Members commended George Ferrone, the City's Finance
Director on receiving for the 13th consecutive year the Certificate of
Achievement for Excellence in Financial Reporting from the Government Finance
Officers Association of the United States and Canada, The certificate was
presented to Mr. Ferrone along with a Declaration of Commendation unanimously
adopted by the Council which included recognition of the Finance Department
staff. Mr. Ferrone thanked the Council on behalf of his staff who were
present in the Chamber audience.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,973,476.09, in
accordance with the 1988-89 Budget, were approved.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions on
the Consent Calendar were read by the City Manager. (Resolution Nos. 89R-226
through 89R-229, both inclusive, for adoption and Ordinance Nos. 5032 and 5033
for introduction)
556
City Hall, Anaheim, California - COUNCIL MINUTES - June 13, 1989, 1:30 P.M.
Councilman Pickler moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
CITY MANAGgR/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Pickler,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar. Councilman Pickler
offered Resolution Nos. 89R-226 through 89R-229, both inclusive, for adoption;
and Ordinance Nos. 5032 and 5033 for introduction. 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 William A. McNames & Jean E. McNames for property
damages sustained purportedly due to actions of the City on or about October,
1988.
b. Claim submitted by William A. McNames & Jean E. McNames for property
damages sustained purportedly due to actions of the City on or about October,
1988.
c. Claim submitted by Ron Gramer for property damages sustained
purportedly due to actions of the City on or about May 5, 1989.
d. Claim submitted by Robert Michael & Diana Michael for bodily injury
sustained purportedly due to actions of the City on or about December 1, 1988.
A2. 105: Receiving and filing minutes of the Parks, Recreation, and
Community Services Commission meeting held April 26, 1989.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held May 17, 1989.
175: Receiving and filing Application No. 89-05-064 from the Southern
California Edison Company for authority to revise its energy cost adjustment
billing factors, its annual energy rate, and its electric revenue adjustment
billing factor, effective January 1, 1990; for the authority to implement
modifications to its energy cost adjustment clause; for the authority to
revise the incremental energy rate, the energy reliability index and avoided
capacity cost for avoided cost pricing; and for review of the reasonableness
of Edison's operations during the period from December 1, 1987, through
March 31, 1989.
175: Receiving and filing Application No. 88-10-054 from Michael Mitchell,
Mickey's Space Ship Shuttle, before the Public Utilities Commission of the
State of Galifornta, for certificate of public convenience and necessity to
operate as a passenger stage service between Los Angeles International Airport
(LAX), the downtown Los Angeles area, Disneyland Anaheim area, and John Wayne
Orange County Airport.
557
City Hall, Anaheim, California - COUNCIL MINUTES - June 13. 1989, 1:30 P.M.
A3. 170/123: Approving the Final Map of Tract No. 12995 (for condominium
purposes, and the Subdivision Agreement with Woodcrest Development of Orange
County, Inc. Tract 12995 is located west of Weir Canyon Road and north of
Canyon Creek Road, and is filed in conjunction with Sycamore Canyon Specific
Plan No. S.P. 88-1.
A4, 164/000; RESOLUTION NO. 89R-226: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ESTABLISHING DRAINAGE FEES. (ORANGEWOOD AVENUE DRAINAGE
REIMBURSEMENT AREA). (Assessment fee of $2,563 per acre.)
123: Approving a Reimbursement Agreement with Arnel Development Company
(Orangewood Drainage Reimbursement Area), and authorizing the Mayor and City
Clerk to sign on behalf of the City.
A5, %76: RESOLUTION NO. 89R-227: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (89-1A) (Setting a date for public hearing
to consider abandoning the following streets located generally north of
Romneya Drive west of Harbor Boulevard: Marlboro Avenue, Arlington Avenue,
Chevy Chase Drive, Robin Place, Wren Street, Bluejay Lane, Robin Street, and
Brewster Avenue in order to create a gated community - old Chevy Chase area -
suggested date is July 18, 1989, at 6:00 p.m.)
A6. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding or advertising to Disney
Image Maker, in an amount not to exceed $122,000 for custom designed
Convention Center parking/cashiers uniforms.
A7. 123: Authorizing the Stadium General Manager to execute a customer
service contract with Sony Corporation of America for maintenance of Sony
JumboTRON color video scoreboard, in the amount of $40,000 (plus optional
services) for a period of one year through June 6, 1990.
A8. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding to Workrite Uniform
Company, in the amount of $48,504.20 for providing all firefighters two
complete fire-resistive Nomex III uniforms.
Ag. 160: Accepting the low bid of Westinghouse ABB Power T & D Company in
the amount of $146,916 for one 230KV oilless power circuit breaker, and spare
parts, all.in accordance with bid #4700, as publicly advertised.
AIO. 160: Waiving Council Policy 306 without competitive bidding or
advertising and authorizing the Purchasing Agent to issue two purchase orders
to Eastman Kodak in an amount of $187,102.80 ($93,551.40 each, including tax)
plus copy costs billed at $.005/copy, for duplicator copiers at the Convention
Center and Police Department for a period of 60 months beginning July 1,
1989. (Discussed and continued from the meeting of June 6, 1989, Item A23.)
Ail. 123: Approving an agreement with Canyon Hills Community Council for the
promotion of the First Annual Fourth of July Parade and Fireworks Show on
July 4, 1989.
558
City Hall, Anaheim, California - COUNCIL MINUTES - June 13, 1989. 1;30 P.M.
Al2. 150: Approving the use of Brookhurst Park by Ohlmeyer Communications
Company for a softball tournament and barbecue for the corporate sponsors of
Major League Baseball, and authorizing the Director of Parks, Recreation and
Community Services to develop a permit for such usage, subject to specific use
conditions.
Al3. 123: Approving a Second Amendment to agreement with Truck Hydraulic
Equipment~ Inc., at an estimated annual cost of $20,200 for the inspection and
certification of City owned aerial devices, for July 1, 1989 through June 30,
1990.
Al4, 153; RESOLUTION NO. 89R-228: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING NO. 88R-266 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL AND TECHNICAL MANAGEMENT. (To
create the position of Capital Projects Coordinator, effective June 9, 1989.)
AlS, 175/142; ORDINANCE NO, 5032 INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM REPEALING ORDINANCE NO. 4417, PROVIDING FOR THE PROCEDURES FOR THE
ISSUANCE, SALE AND SECURING OF ELECTRIC REVENUE ANTICIPATION NOTES OF SAID
CITY AND PROVIDING THE TERMS AND CONDITIONS OF SAID NOTES. (For the
financing, constructing, and operating of a combustion turbine peaking power
plant.)
Al6, 179/000/142; O~DINANCE NO, 5033 - INTRODUCTION: AN ORDINANCE OF THE
CITY OF ANAHEIM AMENDING TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE
PERTAINING TO AUTHORIZATION OF FEES. (Petitions - filing fees.)
Al7. 123: Waiving Council Policy 306 and authorizing the Data Processing
Director to enter into a purchase agreement with National Advanced Systems
(NAS) in the amount of $482,300 including sales tax, freight and installation
for a model AS/EX 20 mainframe computer, and authorizing the execution of
other related documents as required.
123: Authorizing the Data Processing Director to enter into a master
maintenance agreement with National Advanced Systems (NAS) under which the
first year of service will be at no cost, since the equipment is covered by a
one-year warranty.
123: Authorizing the Finance Director to enter into an agreement to finance
this equipment at the lowest competitive lease/purchase rate or utilize the
General Benefits Fund and charge interest based on the current Treasurer's
earnings rate of 9.425%, if it is lower.
Al8. 155/175: Approving a negative declaration pursuant to CEQA findings for
the construction of a 16" water main replacement located on Brookhurst Street
between Ball Road and Harriet Lane.
Al9. 158: RESOLUTION NO. 89R-229: 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.
559
City Hall, Anaheim, California - COUNCIL MINUTES - June 13, 1989, 1;30 P.M, -- I
A20. 123: Approving a Fourth Amendment to Agreement with Bob Simpson.
A21, 104: RESOLUTION NO. 89R-230: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR
CERTAIN IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF
1931. (Lighting Assessment District 1977-1.)
Roll Call. Vote on Resolution Nos. 89R-226 through 89R-230:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-226 through 89R-230, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
105; AppOINTMENTS TO THE MOTHER COLONY HOUSE ADVISORY BOARD: Recommendation
from the Mother Colony House Advisory Board to reappoint the following active
members for a period of four years, commencing January 1, 1989 and ending
December 31, 1992: Mr. Douglas Renner (Co-Chairman), Mrs. Mabel Walker, Mrs.
Dixie Edwards, and Mr. Harold Bastrup (Chairman), in letter dated May 31, 1989
from the ~hairman of the Board.
Councilman Hunter moved to reappoint Mr. Renner, Mrs. Walker, Mrs. Edwards and
Mr. Bastrup for the term of January 1, 1989 ending December 31, 1992.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilwoman Kaywood moved that the size of the Mother Colony House Advisory
Board be left at seven members. Councilman Daly seconded the motion.
MOTION CARRIED.
109; APPOINTMENT TO THE COMMUNITY REDEVELOPMENT COMMISSION: Appointment to
the subject Commission for the term expiring June 30, 1990 (Tina Lirette).
Mayor Hunter nominated Steve Bristol; Councilman Pickler nominated Glen
Hellyer: Councilwoman Kayw0od nominated Paula Btester.
Councilman Hunter moved that nominations be closed. Councilman Daly seconded
the motion. MOTION CARRIED.
Mayor Hunter called for a roll call vote on the nominees in the order they
were nominated; Councilwoman Kaywood wanted to know why the Mayor was
nominating Steve Bristol.
The Mayor deferred to Councilman Ehrle; Councilman Ehrle gave a brief
background on Mr. Bristol at the conclusion of which a roll call vote was
taken on the nomination of Mr. Bristol:
560
City Hall, Anaheim. California - COUNCIL MINUTES - June 13, 1989, 1:30 P,M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle and Hunter
Pickler and Kaywood
None
Councilman Pickler moved a unanimous vote on the appointment of Mr. Bristol to
the Community Redevelopment Commission.
Before a vote was taken, City Attorney White explained that under the rules of
order, the Council could vote on more than one of the nominees to determine if
there would be a 4 to 1 or 5/0 vote on that nominee.
Councilman Pickler thereupon withdrew the name of Mr. Hellyer: Councilwoman
Kaywood withdrew the name of Mrs. Biester.
A vote was then taken on the motion to cast a unanimous ballot. Councilwoman
Kaywood voted no. MOTION CARRIED.
128/137: MELLO-ROOS COMMUNITY FACILITIES DISTRICT FINANCING: Submitted was
report dated May 24, 1989 from the Finance Director, recommending adoption of
the proposed resolution relating to the subject.
Mr. George Ferrone, Finance Director. He reported that they achieved the most
favorable interest rate possible of 7.24% at the lowest possible cost in
comparison to other sales recently and have negotiated savings for the City
that exceed over $1 million. He will be providing the Council and City
Manager with a report on the details on that savings within the next few
days. He then introduced the City's Financial Advisor.
Mr. John Fitzgerald, Seidler-Fitzgerald, the City's Financial Advisor, then
explained that under California law with Mello-Roos Financing, the Council
must make a determination that the private or negotiated sale resulted in the
lowest cost compared to a competitive sale. That is the purpose of the three
actions today. He is advising the Council that the three issues that sold did
result in the lowest possible cost to the City under the private or negotiated
sale. Issues went out at a very good interest rate compared to other
comparable issues that sold recently. The interest rate came in anywhere from
approximately 5 basis points to 15 basis points better than other issues.
Another factor is the underwriter's spread for competitive sales, and recently
similar competitive sales came in at spreads of 2% whereas the three City
issues came in averaging 1.398%. Based upon this data, Setdler Fitzgerald has
concluded it is definitely the lowest cost and he feels comfortable in the
Council making that determination. One unique feature which he feels the
City's Financial Director can take credit for is the fact that the issue has
provided the funding of the administration of the three Mello-Roos issues over
the life of the financing so that the City will not be out any money for
administrative costs and there is quite a bit of administration involved with
Mello-Roos.
561
City Hall, Anaheim. California COUNCIL MINUTES - June 13. 1989. 1:30 P.M.
Councilman Pickler offered Resolution Nos. 89R-231 through 89R-233, both
inclusive, for adoption, making findings with respect to the negotiated sale
of the City of Anaheim Community Facilities District 1989-1 (Sycamore Canyon)
Special Tax Bonds, making findings with respect to the negotiated sale of the
City of Anaheim Community Facilities District 1989-2 (The Highlands) Special
Tax Bonds, and making finding with respect to the negotiated sale of the City
of Anaheim Community Facilities District 1989-3 (The Summit) Special Tax
Bonds. Refer to Resolution Book.
RESOLUTION NO. 89R-231: A RESOLUTION MAKING FINDING WITH RESPECT TO THE
NEGOTIATED SALE OF THE CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT
NO. 1989-1 (SYCAMORE CANYON) SPECIAL TAX BONDS.
RESOLUTION NO. 89R-232: A RESOLUTION MAKING FINDING WITH RESPECT TO THE
NEGOTIATED SALE OF THE CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT
NO. 1989-2 (THE HIGHLANDS) SPECIAL TAX BONDS.
RESOLUTION NO, 89R-233; A RESOLUTION MAKING FINDING WITH RESPECT TO THE
NEGOTIATED SALE OF THE CITY OFANAHEIM COMMUNITY FACILITIES DISTRICT
NO. 1989-3 (THE SUMMIT) SPECIAL TAX BONDS.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
Kaywood
None
The Mayor declared Resolution Nos. 89R-231 through 89R-233, both inclusive,
duly passed and adopted.
160; ACCEPTANCE OF BID FOR PAINTING EXHIBIT AREAS AT ANAHEIM STADIUM:
Submitted was report dated June 9, 1989 from the Purchasing Division relative
to the subject bid.
City Attorney White. In order to act on the matter, the Council will need to
consider waiving the 72-hour posting provision of the Broom Act.
On motion by Councilman Hunter, seconded by Councilwoman Kayvood, the Anaheim
City Council determined that the need to act on the following item arose after
the posting of the agenda for this meeting, on Friday, June 9, at 3:30 p.m.;
and consequently waived the Brown Act requirement relative to posting the item
on the printed agenda. MOTION CARRIED.
Councilman Pickler noted the large disparity between the high and the low bid
($35,700 to high of $114,487).
Diane Hughart, Purchasing Agent. Staff was also concerned when the bids were
received and specifically called the bidders to be sure there was no
mathematical error in either of the bids. The bidders assured her that the
prices were correct and there was no error.
562
City Hall, Anaheim, California - COUNCIL MINUTES June 13, 1989, 1;30 P,M.
Bob Simpson, City Manager. The reason the issue is being brought to the
Council today is due to deadlines that have to be met in trying to get the
painting done in anticipation of using the space for the All-Star Game.
Councilman Pickler moved to accept the low bid of Case & Sons Construction,
Inc., Yorba Linda, CA in the amount of $35,700.00 (including tax and labor)
for painting Stadium exhibit areas, all in accordance with Bid Proposal #4707
as publicly advertised. Councilman Hunter seconded the motion. MOTION
CARRIED.
179; ITEMS Bi - B12 FROM THE PLANNING COMMISSION MEETING OF MAY 22, 1989:
INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 13, 1989;
B1,
VARIANCE NO, 3939. CATEGORICALLY EXEMPT. CLASS 11:
OWNER: BARBARA ANN SMITH, 6555 E. Edinboro Circle, Anaheim, CA 92807
AGENT: ROBERT E. SMITH, M.D., 6555 E. Edinboro Circle, Anaheim, CA
92807
LOCATION: 6555 EDINBORO CIRCLE. NOHL RANCH ROAD/CARNEGIE AVE
PROJECT AS ORIGINALLY PROPOSED: Waiver of prohibited ground-mounted
equipment to retain a ground-mounted satellite dish.
PROJECT AS APPROVED BY PLANNING COMMISSION': Variance No. 3939
GRANTED by the Planning Commission subject to revised plans with dish
moved 20 to 30 ft down the slope and 30 ft from property line.
(PG89-139)
A review of the Planning Commission's decision was requested by Council
Members Kaywood and Daly and, therefore, a public hearing will be set at a
later date.
B2.
SPECIMEN TREE REMOVAL NO. 89-05 AND NEGATIVE DECLARATION:
AGENT: THIELMANN ENGINEERS, ATTN: JAMES THIELMANN, 321 Rampart
Street, Suite 200, Orange, CA 92668
LOCATION: Property is approximately 8.3 acres located on the east
side of Henning Way approximately 1,100 feet south of the centerline
of Arboretum Road and further described as Tentative Tract No. 11600.
PROJECT AS ORIGINALLY PROPOSED: To remove 133 specimen trees.
PROJECT AS APPROVED BY PLANNING COMMISSION; The Specimen Tree
Removal Permit No. 89-05 was APPROVED by the Planning Commission for
removal of all 133 specimen trees, with replacement on a 2:1 ratio of
fast-growing trees, 15 gallon size.
Approved Mitigated Negative Declaration.
B3,
REGI~$$IFICATION NO, 88-89-56 VARIANCE NO. 3947 AND NEGATIVE DECLARATION:
OWNER: BLASH MOMENY, 2002 Business Center Drive, Suite 185, Irvtne,
CA 92715
AGENT: MICHAEL FRAZIER, 18200 Yorba Linda, Suite 201, Yorba Linda,
CA 92686
L0¢ATION; 3625 Savanna Street- North of Ball Road at Anaheim/Buena
Park City Limits
563
City Hall, Anaheim, California COUNCIL MINUTES - June 13, 1989, 1;30 P.M.
PROJECT AS ORIGINALLY PROPOSED: Applicant requested a change in zone
from RS-A-43,000 to RM-1200 or a less intense zone; and to construct
a 3-story, 12-unit apartment complex with 2 code waivers. (See
below).
pROJECT AS APPROVED BY THE PLANNING COMMISSION: Reclassification No.
88-89-56 to the RM-1200 Zone GRANTED by the Planning Commission.
(PC89-140)
Variance No. 3947 GRANTED (PC89-141) with a limit of a total of 18
bedrooms in the project (6 one-bedroom units and 6 two-bedroom
units), with following waivers: a. maximum structural height -
approved, b. maximum site coverage - approved
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Kaywood and Daly and, therefore, a public hearing will be set at a
later date.
B4,
RECLASSIFICATION NO, 88-89-57, VARIANCE NO. 3956 AND NEGATIVE DECLARATION:
OWNER: PAUL R. CHIAVATTI, 489 N. Anaheim Boulevard, Orange, CA 92668
AGENT: ANACAL ENGINEERING, ATTN: GLEN GWATNEY, 634 South Loara
Street, Anaheim, CA 92802
I~CATION; ~421 West Crone Avenue - Walnut ~ South St;eets
PROJECT AS ORIGINALLY PROPOSED: Applicant requested a change in zone
from RS-A-43,000 to RS-7200 or a less intense zone; to establish a
3-lot subdivision and construct two single-family homes with waiver
of required lot frontage.
pROJECT AS APPROVED BY THE PLANNING COMMISSION: Reclassification No.
88-89-57 to the RS-7200 zone GRANTED (PC89-142)
Variance No. 3956 GRANTED (PC89-143) without any revisions for a 3
lot subdivision and construction of 2 single family homes with the
following waiver: a. required lot frontage - approved
Approved Negative Declaration.
BS,
VARIANCE NO. 3951 AND NEGATIVE DECLARATION:
OWNER: RAYMOND ASSOCIATES, 811 W. 7th Street, Suite 310,
Los An&eles, CA 90017
AGENT: BOWER PEREZ ASSOCIATES, 811 W. ?th Street, Suite 310, Los
Angeles, CA 90017
~DCATION: 1525-1547 North Raymond Avenue - Northwest corner of
Rawmond Avenue and Oranmefair Lane
PROJECT AS ORIGINALLY PROPOSED: For waivers of (a) required lot
frontage and (b) minimum front setback to establish a 16-lot
industrial subdivision.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
Variance No. 3951 GRANTED (PC89-144) to establish a 16 lot industrial
subdivision with waivers: a. required lot frontage - approved, b.
minimum front setback - approved
Approved Negative Declaration.
564
City Hall, Anaheim, California - COUNCIL MINUTES - June 13, 1989, 1;30 P.M.
B6. WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO, 3159 AND NEGATIVE
DECLARATION:
OWNER: REPUBLIC FEDERAL SAVINGS & LOAN ASSOCIATION, A CORPORATION,
P.O. Box 54089, Los Angeles, CA 90054-0089
AGENT: DR. GEORGE W. TAUS, M.D., 29000 S. Western Avenue, Suite 305,
Rancho Palos Verdes, CA 90732
LOCATION; 710-718 South Brookhurst Street (Sherwood Medical
Center)Southeast corner of Niobe St and Brookhurst Ave,
PROJECT AS ORIGINALLY PROPOSED: To permit a temporary medical office
trailer at an existing medical complex with waiver of minimum number
of parking spaces.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
CUP NO. 3159 GRANTED for a period of three months only, (PC89-145)
with hours of operation restricted to
7:00 a.m. to 9:30 p.m. - Saturdays
7:00 p.m. to 9:00 p.m. - 3 nights a week
Also permitted only one trailer in inner courtyard, no generators
with code waiver: a. minimum number of parking spaces approved
Approved Negative Declaration.
The Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing will be scheduled at a later date.
B7, WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3161 AND NEGATIVE
DECLARATION:
OWNER: STERICK COMPANY, A NEW YORK GENERAL PARTNERSHIP, 828 Moraga
Drive, Bel Air, CA 90049
AGENT: JANE P. LIEBERMAN, 823 Moraga Drive, Bel Air, CA 90049
LOCATION; 121 N, Beach Boulevard. northwest corner of Reach
Boulevard and Lincoln Ave
PROJECT AS ORIGINALLY PROPOSED: To permit a commercial retail center
with waiver of minimum number of parking spaces.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
CUP NO. 3161 GRANTED (PC89-146) to permit the commercial retail
center with restriction of no food uses in the building and the
service station to be demolished and with waiver: a. minimum number
of parking spaces approved
Approved Negative Declaration.
B8, WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3160 AND NEGATIVE
DECLARATION:
OWNER: HARINDER GRE~4AL, 6891 Avenida De Santiago, Anaheim, CA 92807
AGENT: J. P. HUNTER, 6891 Avenida De Santiago, Anaheim, CA 92807
LOCATION; 4527 East La Palma Avenue- LaPalma Ave and Lakevtew Avenue
PROJECT AS ORIGINALLY PROPOSED: To permit an auto repair facility
with waiver of minimum number of parking spaces.
pROJECT AS APPROVED BY THE PLANNING COMMISSION:
CUP NO. 3160 GRANTED (PC89-147) to permit the auto repair facility
with no display of vehicles for sale, with waiver: a. minimum number
565
City Hall, Anaheim, California - COUNCIL MINUTES - June 13, 1989, 1:30 P.M.
of parking spaces - approved
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Ehrle and Daly and, therefore, a public hearing will be set at a later
date.
Bg,
CONIMITION~L USE PERMIT NO. 3157 AND NEGATIVE DECI2%RATION:
OWNER: THRIFTY OIL COMPANY, 10000 Lakewood Boulevard, Downey, CA
90240
AGENT: TAIT AND ASSOCIATES, ATTN: STEVE TARKOFF, P.O. BOX 4429,
Orange CA 92623
LOCATION; 2800 West Bal% Road - sou~hwe~ corner of Ball Road and
Dale Avenue
PROJECT AS ORIGINALLY REQUESTED: To permit a convenience market with
gasoline sales. Sale of beer and wine not requested by the applicant.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
CUP NO. 3157 GRANTED (PC89-148) to permit a convenience market with
gasoline sales. Applicant to close both corner driveways.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Daly and Hunter and, therefore, a public hearing will be set at a
later date.
BI0, CONDITIONAL USE PERMIT NO, 3059 AND NEGATIVE DECLARATION:
OWNER: DONALD TAKAI AND DOROTHY TAKAI, 3147 W. Rome Avenue, Anaheim,
CA 92806
AGENT: MAGDY HANNA, 4400 MacArthur Boulevard, 9th Floor, Newport
Beach, CA 92660
~OCATION: 150 South Dale Avenue
PROJECT AS ORIGINALLY REQUESTED:
Conditional Use Permit was granted by the Planning Commission for a
27-space mobile home park with waiver of minimum depth of required
side yard.
pROJECT AS NOW APPROVED WITH REVISED PLANS:
The Planning Commission APPROVED (PC89-149) revised plans which
exclude a 15-foot wide portion of the Carbon Creek Flood Control
Channel to be used for parallel parking, overall parking reduced by
one space, and the driveway relocated to the north of the mobile home
pads instead of the south.
Approved Negative Declaration.
REPORTS AND RECOMMENDATIONS:
B%l. VARIANCE NO. 3823 - COUNCIL POLICY NO. 542:
Request by Robert F. Torres, Century West Development, to waive
Council Policy No. 542 - Sound Attenuation, in residential projects.
Property is located at 2050 Greenleaf.
566
City Ha~l, Anaheim, California - COUNCIL MINUTES June 13, 1989, 1;30 P,M,
The Planning Commission recommended approval of waiver.
No action by Council, information purposes only.
B12, CLARIFICATION ON APPROVAL OF SPECIFIC PLAN NO, 88-3: (SANTA FE PACIFIC
PLAZA DEVELOPMENT):
APPROVED by the Planning Commission, Resolution No. PC89-150 to amend
the wording of Finding No. 6 pertaining to Development Area 2 to add
to the list of proposed uses the 4,000 square foot fast food and
8,000 square foot full service restaurant to be exempt from
requirement for Conditional Use Permit.
170; TENTATIVE TRACT FROM T~ PLANNING COMMISSION MEETING OF JUNE 5. 1989:
INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 15. 1989:
B13, TENTATIVE TRACT MAP NO, 13997 AND NEGATIVE DECLARATION:
OWNER: DONALD HUNT, 12844 Inglewood Avenue, Hawthorne, CA 90250
AGENT: WILLIAM PEARCE, 12844 Inglewood Avenue, Hawthorne, CA 90250
~OGATION: 400 West Wilken Way
To establish a one-lot 106-unit condominium subdivision.
Tentative Tract Map No. 13997 APPROVED by the Planning Commission.
Approved mitigated Negative Declaration.
NOTE: Reclassification No. 88-89-55, Variance No. 3944, Waiver of
Code Requirement, and Conditional Use Permit No. 3168 all of which
were submitted in conjunction with this Tentative Tract will appear
for information at the meeting of 3une 27, 1989, at the end of their
22-day appeal period.
A review of the Planning Commission's decision was requested by Council
Members Kaywood and Pickler and, therefore, a public hearing will be set at a
later date.
Lee Sohl, City Clerk. There is an additional procedural question with regard
to the above. The item is a tentative map. In conjunction with that, there
is a reclassification, variance and conditional use permit which will not come
before the Council on the Consent Calendar until June 27, 1989. The City
Attorney advises if the Council wishes, those can be set for a public hearin§
at this time.
Annika Santalahti, Zoning Administrator. She noted that the variance was an
item that was pulled at the Planning Commission, and, therefore, it will be
just the conditional use permit and the reclassification.
Councilwoman Kaywood moved her intent to set the conditional use permit and
reclassification for a public hearing when it appears on the June 27, 1989
Council agenda under the Planning Commission Consent Calendar. Councilman
Pickler seconded the motion. MOTION CARRIED.
A question from the audience asked for clarification of Council's action and
that any additional hearing be held at night.
567
City Hall, Anaheim, California - COUNCIL MINUTES - June ~3, 1989, %;30 P.M.
Mayor Hunter explained that a public hearing will be held approximately the
end of July or early August on the matter; Councilwoman Kaywood explained that
only the tentative tract is before the Council today. On June 27, 1989 under
the Planning Commission Consent Calendar, the reclassification and conditional
use permit will be before the Council which will be set for a public hearing.
The public hearing will then include the reclassification, the conditional use
permit and the tentative tract. There will be a notification on the public
hearing ~o the surrounding residents and the meeting can be set for a night
meeting.
End of the Planning Commission Items. MOTION CARRIED.
179;
REC~S$IFICATION NO, 86-87-14 AND VARIANCE NO. 3611 - EXTENSIONS OF TIME:
REQUESTED BY: THAKOR AND RASHMI DESAI, 4214 Teresa Avenue, Cypress,
CA 90630
LOCATION: 2240 West Lincoln Avenue
PETITIONER'S REOUEST:
Petitioner requests an extension of time for Reclassification No.
86-87-14, retroactive to February 3, 1988 and to expire on February
3, 1990.
STAFF RECOMMENDATION;
That any extension be granted subject to the legal property owner
within the next thirty days (by July 13, 1989) preparing and
recording an unsubordtnated covenant limiting occupancy of each
apartment unit to no more than two persons (other than children under
the age of two years old) per bedroom. Said limitation shall be
included in each lease/rental agreement. A copy of the covenant
shall be submitted to and approved by the City Attorney prior to
recordation. A copy of the recorded covenant shall be furnished to
the Zoning Division.
pgTITIONER'S REOUEST:
An extension of time for Variance No. 3611, retroactive to February
3, 1989 and to expire on February 3, 1990.
STAFF RECOMMENDATION:
That any extension be subject to the legal property owner within the
next thirty days (by July 13, 1989) amending an existing agreement
with the City of Anaheim, which agreement was executed on October 13,
1987, to specify that the rental controls approved by the City of
Anaheim be for a period of not less than thirty years.
Annika Santalahti, Zoning Administrator. The Council saw this item about two
months ago. At that time staff recommended two conditions - one relative to a
covenant limiting the occupancy to two adults or less for each bedroom and the
other requiring that the rental control agreement that had already been
entered into be for a period of at least 30 years. The petitioner is required
to satisfy those conditions within a period of 45 days, but they have not done
so. Now they are back again. They were going to do so but got caught up in
the technical aspects.
568
City Hall, Anaheim, California - COUNCIL MINUTES - June 13, 1989, 1;30 P.M.
City Attorney White. The Council would be approving the extension of time to
comply with conditions for both the reclassification and variance and
conditioning those extensions on additional conditions of recording covenants
relating to the limitation per unit and in the other case the rental controls
for 30 years.
Councilman Pickler asked if the Council does not approve the request what is
the status of the project.
City Attorney White. The requirement under the Code is that the applicant
meet conditions within a period of one year. Having failed to do that, if
they do not obtain approval they cannot go forward with construction of the
project and the permits lapse. It is necessary that they get approval of the
requested extension of time to meet conditions of approval because the time to
meet those conditions has expired. Otherwise, they cannot go forward with the
project.
Annika Santalahti. The time limit is already up retroactive to February of
last year for the reclassification.
Councilman Hunter moved to deny the requested extension of time for
Reclassification No. 86-87-14, retroactive to February 3, 1988 and the
extension of time for Variance No. 3611 retroactive to February 3, 1989.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Pickler. As he understands, since the permits for the
reclassication and variance have lapsed, if the applicant wants to pursue the
project they will need to file new applications and start the process from
square one or utilize the property as it exists under the current zoning.
179/142; ORDINANCE NO, 5031 - ADOPTION: Amending Subsection .070 of Section
18.70.060 of Chapter 18.70 of Title 18 of the Anaheim Municipal Code relating
to zoning (Specific Plan No. 87-1).
WAIVER OF READING - ORDINANCE; The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5031)
Councilman Pickler moved to waive the reading in full of the ordinance.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Daly offered Ordinance No. 5031 for adoption. Refer to Resolution
Book.
ORDINANCE NO, 5031; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.070 OF SECTION 18.70.060 OF CHAPTER 18.70 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING (SP87-1).
Roll Call Vote:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
569
City Hall, Anaheim. California - COUNCIL MINUTES - June 13, 1989, %;30 P.M,
The Mayor declared Ordinance No. 5031 duly passed and adopted.
179: ORDINANCE NO. 5034 - INTRODUCTION; Councilman Pickler offered Ordinance
No. 5034 for introduction.
ORDINANG~ NO, 5034; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amendin~ Title 18 to rezone property under Reclassification No. 88-89-90,
located at 327 South State College Boulevard, from the RS-7200 zone to the GL
zone.)
179; ORDINANCE NO, 5035 INTRODUCTION; Councilman Daly offered Ordinance
No. 5035 for introduction.
ORDINANCE NO. 5035: 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. 88-89-13,
located at 1032 North Acacia Street, from the RS-A-43,000 zone to the RM-2400
zone.)
179: REOUEST FOR REHEARING - VARIANCE NO, 3935 AND NEGATIVg DECLARATION;
Requested by Arvtno Patel and Parvati Patel (Owner), 425 W. Katella Avenue,
Anaheim, CA 92802 Agent: Dennis Bradford and Robert Waddle, 301 N. W.
63rd, Suite 500, Oklahoma City, OK, 73116.
The property is located at 615 W. Katella Avenue.
The project as originally requested is to construct a 130 room hotel with two
code waivers.
PROJECT AS APPROVED BY THE PLANNING COMMISSION:
Variance No. 3935 GRANTED (PG89-115) for a 130 room hotel with code waivers:
(a) minimum landscaped setbacks - approved; (b) minimum number of parking
spaces - approved. Approved Negative Declaration.
A public hearing was held before the City Council on June 6, 1989 at which
time Variance No. 3935 was denied (see minutes that date).
Mayor Hunter. His understanding was that after the public hearing having
spoken with Mr. Bradford that there was some confusion with regard to parking.
Paul Singer, Traffic Engineer. At the time of the public hearing he (Singer)
made a statement that a parking variance is Justified based on the Engineering
study and that the parking structure was redesigned in conformance with
standards. He did not have any comments against the parking variance. The
comments he made included the configuration of the porte-cochere lack of
loading for deliveries and inadequate parking for registration and guests.
The porte-cochere would get overloaded and there is no way to serve tour buses
or public transportation. It was not the parking.
Councilman Hunter moved to approve the request for a rehearing on Variance No.
3935 and Negative Declaration.
570
City Hall, Anaheim, California - COUNCIL MINUTES - June 13, 1989, 1:30 P,M.
Before action was taken, Councilwoman Kaywood stated she is speaking against
the motion. There was a lengthy and complete hearing on the matter only last
week. She does not see any reason for an additional public hearing.
Councilman Ehrle. Rehearings have been granted in the past. If the owners
have something new and different to present, he is willing to listen. The
area warrants more hotels. He thereupon seconded the motion.
Councilwoman Kaywood. The structure for parking is proposed to go 20 feet
below ground with zero setback and there are structures on either side. She
is concerned relative to the stability of the two structures and would like a
report from the Engineer regarding the safety of such a proposal.
A vote was then taken on the foregoing motion and carried by the following
vote:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Pickler and Hunter
Daly and Kaywood
None
Councilman Daly. He expressed concern on how the Council is doing business.
The project has not changed since it was before the Council last week. The
claim was made that there was an incorrect statement made by staff. The
applicant had the opportunity to correct that last week. Another stated
reason is that other information was not available on the date of the
meeting. He feels applicants need to deal with the Council in a business-like
fashion. Unless something has changed, he does not know why a rehearing is
scheduled. If this is going to be the pattern, then the procedures ought to
be changed.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
RECESS: By general consent the Council recessed to public hearing time.
(2:50 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:15 p.m.)
156: PUBLIC HEARING - POLICE PROTECTION FACILITIES PLAN FOR THE EAST SANTA
ANA CANYONAREA OF BENEFIT AND NEGATIVE DECLARATION:
LOCATION: The proposed Area of Benefit includes the undeveloped or
substantially undeveloped portion of the City and its sphere-of-influence
located generally south of the Santa Aha River and east of Mohler Drive and
Canyon Rim Road extending to the Orange/Riverside County line.
The cost of the proposed Satellite Police Facility is estimated to be
$3,446,720 for Phase 1 and $854,500 for Phase 2. The cost of the facility is
proposed to be borne by the developers of undeveloped or substantially
developed properties within the Area of Benefit in the form of fees
571
City Hall, Anaheim, California - COUNCIL MINUTES - June 13. 1989. 1:30 P.M.
apportioned upon the basis of dwelling units or acreage ($342 per dwelling
unit or $7,739 per acre for commercially-developed property for Phase I).
Submitted was report dated June 5, 1989 from the Planning Department, Police
Department, Library Department, Public Utilities Department and Fire
Department, recommending that the Council adopt negative declarations in
conjunction with the Police Protection Public Library Electric Utility and
Fire Protection Facilities Plans and adopt each of the Plans (attached to the
report were plans for each of the areas of benefit which covered each in
detail.)
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 2, 1989.
Mailing to property owners within 300 feet - June 2, 1989.
City Clerk Sohl announced that staff members indicated they would like to be
able to discuss the first four public hearings at the same time if agreeable
to the Council and City Attorney.
City Attorney White. He recommends holding separate public hearings but sees
no reason why the staff presentation cannot be incorporated in all four of the
hearings.
Joel Ftck, Planning Director.
He addressed all of the Facilities Plans Police, Library,
Public Utilities and Fire Departments. The Plans are consistent
with the Council Policy of requiring developers to provide the
public facilities necessary to serve their projects in the
Canyon area, and not create an undue burden on the existing
residents and taxpayers in the City. They are also consistent
with the Public Facilities Plans adopted in conjunction with the
major Ranch developments. The Plans will enable the City to
collect the funds to construct the Police Satellite Facility and
the Branch Library. They will also allow the City to collect
funds necessary to reimburse Kaufman & Broad for the cost of
providing Fire Station 10 above their fair share contribution
and also to reimburse them for electric facilities again above
and beyond their £atr share contribution at the time they
develop.
For clarification on one of the Plans, Mr. Fick stated he would
like to add a statement. It was never staff's intention on the
Police Facility Plans that the Taubman site would be included
and that they were part of the original Bauer Ranch Facilities
Plan. So that there is no misunderstanding in future years,
staff would like a statement to be included in the text of the
Plan that the 85-acre Taubman site is exempt from that program.
The finalization of the Plans represent in some cases many years
of preparation, negotiation and finalization of the Plans, and
staff from Planning and respective City Departments involved
with the Plans are present to answer any questions.
572
City Hall, Anaheim, Ca%lfornia - COUNCIL MINUTES - June 13. 1989. 1:30 P.M.
Mayor Hunter asked if anyone wished to address the Council regarding the
Police Protection Facilities Plan; there being no response, he closed the
public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Hunter, seconded by Councilman Pickler, 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. 89R-234)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-234 for adoption, establishing a
Police Protection Facilities Plan for the East Santa Aha Canyon Area, but with
deletion of the Taubman site as explained by the Planning Director. Refer to
Resolution Book.
RESOLUTION NO. 89R-234: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING A POLICE PROTECTION FACILITIES PLAN FOR THE EAST SANTA
ANA CANYON AREA.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-234 duly passed and adopted.
140; PUBLIC HEARING - PUBLIC LIBRARY FACILITIES PLAN FOR THE EAST SANTA ANA
CANYON AREA OF BENEFIT AND NEGATIVE DECLARATION:
LOCATION: The proposed Area of Benefit includes the undeveloped or
substantially undeveloped portion of the City and its sphere-of-influence
located generally south of SR-91 (Riverside Freeway) and east of Mohler Drive
and Canyon Rim Road, extending to the Orange/Riverside county line.
The cost of the proposed public library is estimated at $1,862,387. The cost
of the facility is proposed to be borne by the developers of undeveloped or
substantially undeveloped properties within the Area of Benefit in the form of
fees apportioned on a dwelling unit basis ($210.70 for single-family, duplexes
and paired homes, $153.24 for condominiums and $140.07 for multi-family units).
Submitted was report dated June 5, 1989 from the Planning Department, Police
Department, Library Department, Public Utilities Department and Fire
573
City Hall, Anaheim, California - COUNCIL MINUTES - June 13, ~989, ~;30 P.M.
Department, recommending that the Council adopt negative declarations in
conjunction with the Police Protection Public Library Electric Utility and
Fire Protection Facilities Plans and adopt each of the Plans (attached to the
report were plans for each of the areas of benefit which covered each in
detail.)
PUBLIC NOTICE REQUIREMENTS MET BY:
PublicatiOn in Anaheim Bulletin June 2, 1989.
Mailing to property owners within 300 feet - June 2, 1989.
Mayor Hunter asked if anyone wished to speak to the Public Library Facilities
Plan for the East Santa Aha Canyon Area of Benefit of Negative Declaration;
there being no response he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, 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. 89R-235)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-235 for adoption, establishing
a Public Library Facilities Plan for the East Santa Ana Canyon Area. Refer to
Resolution Book.
RESOLUTION NO. 89R-235: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING A PUBLIC LIBRARY FACILITIES PLAN FOR THE EAST SANTA ANA
CANYON AREA.
Before a vote was taken, City Attorney White stated that
previous comments by the Planning Director and the staff report
are deemed incorporated by reference in evidence before the
Council as part of the subject hearing.
Joel Fick, Planning Director.
He clarified that the map for the Police Facilities Plan only
included the boundary of the Taubman Shopping Center for
purposes of identifying it as being excluded. That addition is
only necessary in that one plan, and not this and the following
plans.
Roll Call Vote:
574
City Hall, Anaheim, California - COUNCIL MINUTES June 13, 1989, 1;30 P.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-235 duly passed and adopted.
175: PUBLIC HEARING - ELECTRICAL UTILITIES FACILITIES PLAN FOR THE WEIR
CANYON AREA OF BENEFIT AND NEGATIVE DECLARATION:
LOCATION: The proposed Area of Benefit includes the undeveloped or
substantially undeveloped portions of the City located generally south of the
East Hills/Bauer Ranch development and east of Mohler Drive and Canyon Rim
Road.
The cost of the electrical facilities benefiting the Area of Benefit is
$513,593 and is proposed to be borne by the developers of the Highlands of
Anaheim Hills, The Summit at Anaheim Hills and Sycamore Canyon developments in
the form of fees apportioned on an acreage basis ($448 per net acre).
Submitted was report dated June 5, 1989 from the Planning Department, Police
Department, Library Department, Public Utilities Department and Fire
Department, recommending that the Council adopt negative declarations in
conjunction with the Police Protection Public Library Electric Utility and
Fire Protection Facilities Plans and adopt each of the Plans (attached to the
report were plans for each of the areas of benefit which covered each in
detail.)
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 2, 1989.
Mailing to property owners within 300 feet - June 2, 1989.
Mayor Hunter asked if anyone wished to speak to the Electrical Utilities
Facilities for the Weir Canyon Area of Benefit and Negative Declaration; there
being no response he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilwoman
Kaywood, seconded by Councilman Hunter, the City Council approved the negative
declaration upon £tnding 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. 89R-236)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-236 for adoption, establishing
an Electrical Utilities Facilities Plan for the Weir Canyon Area of Benefit.
Refer to Resolution Book.
575
City Hall, Anahe%m, California - COUNCIL MINUTES - June 13. 1989. 1:30 P.M,
RESOLUTION NO, 89R-236; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING AN ELECTRICAL UTILITY FACILITIES PLAN FOR THE WEIR CANYON
AREA OF BENEFIT.
Before a vote was taken, City Attorney White stated that
previous comments by the Planning Director and the staff report
are deemed incorporated by reference in evidence before the
Council is part of the hearing.
A vote was then taken on the foregoing resolution.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-236 duly passed and adopted.
129; PUBLIC HEARING - FIRE PROTECTION FACILITIES PLAN FOR THE WEIR CANYON
AREA OF BENEFIT AND NEGATIVE DECLARATION:
LOCATION: The proposed Area of Benefit includes the undeveloped or
substantially undeveloped portions of the City located generally south of the
Santa Aha River and east of Mohler Drive and Canyon Rim Road.
The cost of Fire Station No. 10 facility is $1,794,531 and is proposed to be
borne by the developers of undeveloped or substantially undeveloped properties
within the Area of Benefit in the form of fees apportioned on an acreage basis
($820 per gross acre).
Submitted was report dated June 5, 1989 from the Planning Department, Police
Department, Library Department, Public Utilities Department and Fire
Department, recommending that the Council adopt negative declarations in
conjunction with the Police Protection Public Library Electric Utility and
Fire Protection Facilities Plans and adopt each of the Plans (attached to the
report were plans for each of the areas of benefit which covered each in
detail.)
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 2, 1989.
Mailing to property owners within 300 feet - June 2, 1989.
Mayor Hunter asked if anyone wished to speak to the Fire Protection Facilities
for the Weir Canyon Area of Benefit and Negative Declaration; there being no
response he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, 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
576
City Hall, Anaheim, California COUNCIL MINUTES - June 13, 1989. 1:30 P.M,
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. 89R-237)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-237 for adoption, establishing
a Fire Protection Facilities Plan for the Weir Canyon Area of Benefit. Refer
to Resolution Book.
RESOLUTION NO, 89R-237; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING A FIRE PROTECTION FACILITIES PI~kN FOR THE WEIR CANYON
AREA OF BENEFIT.
Before a vote was taken, City Attorney White stated that
previous comments by the Planning Director and the staff report
are deemed incorporated by reference in evidence before the
Council is part of the hearing.
A vote was then taken on the foregoing resolution.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-237 duly passed and adopted.
176: pUBLIC HEARING - ABANDONMENT NO. 88-11A: In accordance with application
filed by James J. Everett, 805 S. Courson Drive, Anaheim, CA 92804, public
hearing was held on proposed abandonment of a certain public utility easement
located north of the terminus of Courson Drive 805 South Courson Drive,
pursuant to Resolution No. 89R-171, duly published in the Anaheim Bulletin and
notices thereof posted in accordance with law.
Report of the City Engineer dated May 2, 1989 was submitted recommending
approval of said abandonment.
Mayor Hunter asked if anyone wished to address the Council; there being no
response, he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Pickler, seconded by Councilwoman Kaywood, the City Council determined the
proposed project 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.
577
City Hall, Anaheim. California COUNCIL MINUTES - June 13, 1989, %:30 P.M.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-238)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-238 for adoption, approving
Abandonment No. 88-11A. Refer to Resolution Book.
RESOLUTION NO. 89R-238: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A CERTAIN PUBLIC UTILITY EASEMENT LOCATED NORTH OF THE
TERMINUS OF COURSON DRIVE - 805 SOUTH COURSON DRIVE. (ABANDONMENT NO. 88-11A)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-238 duly passed and adopted.
~79; ~UBLIC HEARING TO CONSIDER AMENDMENT TO CONDITION OF APPROVAL
CONDITIONAL USE PERh'IT NO. 3117. CATEGORICALLY EXEMPT. CLASS 3 AND 5;
APPLICANT: OWNERS:
Matthew Frank Golonka and Rita Elizabeth Golonka
1403 Trenton Drive,
Anaheim, CA 92802
AGENT:
Morris Carmody
1044 Verona Drive,
Fullerton, CA 92635
LOCATION: The property is located at 1403 Trenton Drive.
PROJECT AS APPROVED BY THE CITY COUNCIL ON 4-11-89: Conditional Use Permit
No. 3117 was granted (89R-118) to per, it a 631 square foot "granny u~tt" at
lb03 Trenton Drive.
REQUEST: The petitioner requests amendment to a condition of approval of
Resolution No. 89R-118, to permit a 631 square foot "granny unit" The
condition which he has requested to amend is the required five parking spaces.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 1, 1989.
Posting of property June 2, 1989.
Mailing to property owners within 300 feet - May 31, 1989.
APPLICANT'S
STATEMENT:
Matthew Golonka.
Relative to the requirement for the sidewalk, he would be the
only one installing a sidewalk and he did not feel that was
578
City Hall, Anaheim, California - COUNCIL MINUTES - June 13, 1989. 1:30
right. If others do so he would install a sidewalk also. At
this time he is requesting that the five parking spaces be
waived which he thought were waived at the previous hearing.
is the only one in the house that has a car. His wife had a
stroke and has not driven for years.
He
Annika Santalahti, Zoning Administrator.
She explained for the Mayor that in connection with approval of
the granny unit, there is only one development standard in the
City other than what the state requires. The City's one
standard is that there should be one parking space but it is
permitted to be in tandem as in a normal driveway in a
single-family residential area. The underlying residential
zoning requires four off-street spaces, two in a garage and two
in the driveway. A fifth space is needed for a granny unit on
this project. Typically there may be a widening of the driveway
so that there are three spaces instead of two.
Matthew Golonka.
He does not understand why he should have an addition to the
driveway when he is the only one who has a car. He and his wife
will be living in the granny unit. There are special facilities
going into that unit to assist his wife. His grandaughter will
then be living in the house and another woman who will be taking
care of his wife. Neither have a car. He has four spaces.
Councilwoman Kaywood.
If the petitioner were to sell the house it would require five
parking spaces. She asked if the condition could be waived as
long as the present owner is living there.
City Attorney White.
He explained a CUP runs with the land. Courts have held that
the City Council should be looking at not the precise
circumstances of the individuals who currently own the property,
but that the Zoning Code requirements as they relate to anyone
who may in the future come in possession of the property. It is
not appropriate to tailor conditions to individual applicants
since the permit runs with the land and is transferable with the
sale of the property. If the number of parking spaces that are
provided on the property meets Code or whatever variance the
Council approves is ever going to be a basis to review the
permit, the basis may be if there are so many cars on the
property exceeding the spaces provided it becomes detrimental to
the surrounding neighborhood.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
579
City Hall, Anaheim. California - COUNCIL MINUTES - June 13. 1989. 1:30 P.M.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council determined that the
proposed project falls within the definition of Section 3.01 Class 3 and 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 RE~DING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-239)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-239 for adoption, granting
Conditional Use Permit No. 3117. Refer to Resolution Book.
RESOLUTION NO. 89R-239: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
CONDITIONAL USE PERMIT NO. 3117, AMENDING RESOLUTION NO. 89R-118 ACCORDINGLY,
AND GRANTING A WAIVER OF MINIMUM OFFSTREET PARKING REQUIREMENTS.
Before a vote was taken, the City Attorney clarified the
resolution is being offered deleting Condition No. 3 from
Conditional Use Permit No. 3117 which would have required five
parking spaces. That will now be deleted and a variance granted
which was noticed as part of the process even though it
inadvertently did not appear on the agenda to allow the
applicant to maintain his presently constituted four parking
spaces on the property.
A vote was then taken on the foregoing resolution.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kayw0od and Hunter
None
None
The Mayor declared Resolution No. 89R-239 duly passed and adopted.
Councilman Daly left the Council Chamber. (3:40 p.m.)
130: REHEARING - EMPIRE CABLE TELEVISION. INC.. AND NEGATIVE DECLARATION: To
consider granting a non-exclusive cable television franchise and installation
of an underground television system with microwave antenna to Empire Cable
Television, to be located in the East Anaheim Hills area, namely The Summit,
The Highlands and Sycamore Canyon developments.
58O
City Hall, Anaheim, California - COUNCIL MINUTES - June 13, 1989, 1:30 P.M.
At the meeting of April 11, 1989, the City Council adopted Resolution
No. 89R-115 declaring its intention to grant a non-exclusive franchise for
cable television to Empire Cable Television, to be located generally in the
area of Weir Canyon Road in the Santa Aha Canyon, south of the Riverside
Freeway, south of the Riverside Freeway and public hearing was scheduled
May 9, 1989.
At the Council meeting of May 9, 1989 the City Council denied, without
prejudice, the franchise application from Empire Cable Television, Inc.
At the Council meeting of May 16, 1989, the City Council approved the request
for a rehearing on the Empire Cable TV application by the law firm of Farano &
Kieviet and the rehearing scheduled this date. (See letter dated May 10, 1989
from Farano & Kieviet attached to which was a Declaration of Merit and a
4-page attachment to that Declaration expanding on the grounds for the request
for rehearing.)
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 26, 1989.
City Attorney White.
When the matter was reconsidered and the resolution adopted
setting today's hearing, it was indicated at that time in
response to a question by the Council it would not be necessary
even though this is a de novo hearing to have all of the
testimony and evidence introduced at the last public hearing
reintroduced as part of this process and that for purposes of
the record the evidence and testimony that was introduced at the
previous public hearing will be deemed incorporated as part of
the record of today's hearing.
Floyd Farano, Farano & Kievtet, 100 So. Anaheim Boulevard,
attorneys representing Empire Cable.
Mr. Paul Kraemer, managing partner of Empire Cable is present
and will make a presentation afterwhtch he (Farano) will make a
few brief remarks.
Mr. Paul Kra~m~r, 5385 Villa Cartagena, Yorba Linda, Managing
Partner of ~mpire Cable which owns and operates two
subsidiaries, Crown Valley Cable in South Orange County and
Yorba Linda Cable. Empire Cable TV has employed a certified
court reporter who is present today to record the public
hearing. He will not review the facts reported during the last
hearing relative to the service provided by Empire but will
address concerns raised at the May 9, 1989 public hearing.
Summarizing Mr. Kraemer's remarks, he relayed the following: On
October 28, 1988 there was a meeting between City staff and
Empire in which a number of items were discussed - one being a
site specific franchise vs. a Cttywide franchise. After many
meetings it was concluded that a Citywide franchise, due to the
good off-air reception in the western portion of Anaheim would
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be unlikely to succeed because of the overall penetration in the
western area being 35 percent of the total market. If Empire
Cable were to construct and overbuild the entire cable system in
Anaheim it might achieve 50% of the total market but it would be
a negative cash flow. As shown in the financial prospectus
presented May 9, 1989, it is not financially feasible nor
economically sustainable during any term. Due to the poor
off-air reception in the East Hills area of Anaheim, Empire
Cable expects or projects four out of every five households
would subscribe to cable. Empire Cable would win half of the
potential customers during a 15-year franchise term. Empire and
Multiviston would show an acceptable rate of return during this
15 years. Other cities have two franchises. There are three in
San Bernardlno and a half dozen in Los Angeles.
A second issue raised on May 9, 1989 was concerning public
education, government access and the interconnect with
Multivtsion. Empire has stated in the proposed ordinance it
will take all reasonable steps to negotiate and enter into an
agreement with Multivision to share access. On May 9, Mr.
Merrttt said he would not block the interconnect as long as
there was some type of fee paid. Empire Cable will pay a
proportionate share of producing such progrmmming which will
include the use of the studio and any other facilities as well
as equipment -- any of the costs to build a return line would be
incurred by Empire. Empire, if it does not or cannot enter into
an agreement with Multivision will make available to all City of
Anaheim residents a local origination studio at its own cost
including equipment, tape recording, cameras and also assistance
in production of progrmmmtng. The rates charged will be limited
to recovering its operating costs. (He explained what would be
included). In the proposed franchise ordinance, Empire
voluntarily dedicated six access channels. The first three will
be dedicated upon the commencement of the cable service in
Anaheim and the additional three will be activated as needed.
They represent substantial capital outlay and will be without
charge to the City. Empire is committed not only to its
customers, but to its community.
Mr. Farano then submitted a document entitled -- "Remarks to the
Anaheim City Council in Re Empire Cable Franchise
Application";City Attorney White accepted it as Exhibit No. 14.
Floyd Farano.
He then read the statement into the record (statement made a
part of the record) which briefly summarized the legal aspects
of the application of Empire Cable. The statement in closing
stated, "Taking the foregoing into consideration, together with
all evidence placed before the council during its first hearing
on May 9, 1989, Empire believes that it has satisfied all of the
appropriate qualifications for a franchise. Not one sustainable
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shred of evidence has been put forth which refutes the
unquestioned ability of Empire to perform under the franchise.
We therefore respectfully request that our application be
granted."
The Mayor asked to hear from anyone who wished to speak.
Mr. John Merrttt, ML Multivtsion Cable T.V.
He is going to focus on the devastating impact that would result
from a decision to support a second franchise in Anaheim. The
proposal they see from Empire has no changes from the last
meeting. The proposal submitted provides the same channel
capacity already available to 93,000 Anaheim residents. It only
provides for building cable service at the lowest possible cost
in the City's most expensive area. They believe the lack of
commitment demonstrated by Yorba Linda Cable to serve its own
community is evidenced by its reluctance and refusal to even
show programming offered to it at no charge by outside sources.
As economic partners with the City, Multtvision has responded
quickly and effectively to those areas the City has indicated
needed attention. They continue to provide high quality
customer service and programming. They have extended service to
thousands of residents at high construction costs. They have
and continue to conduct public access programming and classes
for any and all residents.
While not required to by any ordinance, Multiviston has
continued to offer extensive local programming including this
proceeding today. They are there because it is the right thing
for them to do and at no charge to do it. The issue at hand is
not one of fair protection but one of simple economic reality.
The programs and services they provide do not come cheap. A
second franchise in the City will result in the end of cable
service as Anaheim knows it today. The shows and other events
he has elaborated upon cannot be supported without revenues to
back them up. There will be a divisiveness within the City as a
result of an additional franchise which will result in disparate
rates to customers. Their company will be forced to raise rates
in other areas of the City in order to compete with a scenario
that uses only the lowest construction cost. Anaheim Hills
residents can receive extensive progrmmmtng on Multiviston now,
today. Residents in Anaheim Hills do not need to wait a year or
more to get that local programming. Multtvision counsel has
advised the City Attorney the Council need not grant a franchise
-- there is no court precedent or statute that requires the
Council to approve an "interloper" coming in to capitalize on
their healthy economy. A site-specific franchise would allow
the applicant to divide the City. The contradiction Multiviston
sees, several cities were referenced by Empire where he
(Merritt) has managed the cables in some of those cities. They
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City Hall, Anaheim, California - COUNCIL MINUTES - June 13, 1989, 1;30 P.M.
are an entirely different situation. It was not "cream
skimming" but instead two applicants coming into the City. They
started with a level playing field; one company did not come in
and "cherry pick." Multivision needs the Council's support to
enable them to continue moving in the right direction.
Councilman Daly entered the Council Chamber (4:09).
Paul Kraemer and Floyd Farano spoke to and/or countered issues
and remarks made by Mr. Merritt in his presentation, some of
which Mr. Farano felt were inappropriate and which he asked the
Council not to take into consideration.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Councilwoman Kaywood then posed a line of questioning relative
to Empire Cable operations which were answered by both Mr.
Farano and Mr. Kraemer.
Mayor Hunter then asked Mr. Kraemer if he had seen the 7-page
document entitled, Mitigation Agreement, and, if so, had he
responded to that proposed agreement with the City prior to
today's hearing.
Mr. Kraemer answered that he had seen the Mitigation Agreement
and also had a meeting with the City Attorney and staff wherein
the agreement was proposed. Empire Cable did not feel it was in
their best interest to make the decision or execute the
agreement based on today's franchise hearing.
Councilman Pickler.
He wants to assure the best interests of the City are served.
Staff has proposed a Mitigation Agreement and is looking for a
response which has not been forthcoming from Empire. It is
necessary that the Council have some definitive answers on
certain issues which he would like to see in place before he
would be ready to grant a franchise to Empire.
Councilman Ehrle.
He still believes competition is good. Multiviston provides a
tremendous service to the community and he personally does not
think a second franchise will hurt Multivision but that they
will continue to enhance their progr,mmtng. He is not ready to
make a decision today. He feels that the Mitigation Agreement
that has been discussed with Empire and staff is important. He
also needs more answers and it is better to have those answers
before discussing granting a franchise.
MOTION; Councilman Pickler moved that the Application of Empire Cable
Television, Inc., for a nonexclustve franchise be continued to July 18, 1989;
that staff present to the City Council at its meeting of June 20, 1989 a
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revised franchise ordinance acceptable in form and substance to staff; and
that the City Manager or his designee is hereby authorized to execute on
behalf of the City, that agreement entitled "Mitigation Agreement."
Councilman Hunter seconded the motion.
Before a vote was taken, Mr. Farano stated they are in a
precarious position -- the trenches are open to Empire right
now. They have already lost one opening and are going to lose
another if this goes on more than one week.
City Attorney White.
The Mitigation Agreement addresses the laying of the cable in
the trenches and that was one of the reasons for proffering that
agreement. In the interim prior to the Council's final decision
on the franchise the intent was to allow Empire Gable access to
the trenches regardless of what the outcome of the franchise
might be and to lay cable so that the trenches would not have to
be redug or streets potentially to be paved would not have to be
torn up in the event the franchise is granted.
Floyd Farano.
The only problem with that is the cost. The whole spirit of the
Mitigation Agreement is, if for one reason or another the City
does not grant the Franchise Agreement, there is a substantial
amount of expense that Empire will have to bear. All they are
asking, if the Mitigation Agreement is going to be a matter of
major concern to the Council, that it be disposed of in some
shorter period of time. They are trying hard not to be in that
position.
Bill Martacrena, Rutan & Tucker, Special Counsel for the City.
Under the City's Charter, the Council's options on a franchise
application are to accept or reject and not to modify it. If
modified, it would have to be renottced. The intent of the
procedure which Councilman Pickler has moved would be to bring
back to the Council a revised Franchise Agreement which
satisfies staff's identified concerns in the staff report and
which hopefully is acceptable to Empire. Next Tuesday, the
Council would have to set the matter for another Public Hearing
and under the charter notice requirements, that would be 20 days
which puts the hearing date at July 18, 1989. As a legal
matter, the Council could not act on a revised application next
Tuesday or prior to republishing and giving the proper 20-day
notice.
Floyd Farano.
The Mitigation Agreement does not involve a change in the
franchise ordinance so he does not quite understand. They have
had discussion with the City Atgtorney's office and he does not
think his client is of a mind to want to change the Franchise
Agreement. They might consider a side agreement, the Mitigation
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Agreement, or something else, but the whole situation puts them
in a terrible bind as far as the trenches being open.
A vote was then taken on the foregoing motion offered by Councilman Pickler.
MOTION CARRIED UNANIMOUSLY.
City Attorney White.
The Council has taken its action and further discussion should
best be handled on a staff-to-applicant basis. It appears from
the action the Council has taken in considering a franchise for
Empire, but not in considering the franchise that has been
offered by Empire, that the Council is concerned about the staff
report matters that have been raised as issues and would like to
have those resolved and a franchise ordinance brought back that
best meets the concerns raised by staff. At this point in time,
he does not feel there is anything more to be gained by
prolonging discussion at the Council level. The Council's
position is clear. The Council is not rejecting a franchise to
Empire, but today are unwilling to consider further the existing
ordinance without returning that back to staff to present a
revision back to Council that could be acted upon at a later
date.
RECESS - CLOSED SESSION: By general consent, the Council recessed to Closed
Session. (4:31 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council members
being present. (6:20 p.m.)
ADJOURNMENT; Councilman Hunter moved to adjourn to Tuesday, June 20, 1989 at
2:00 p.m. for a Public Hearing on the 1989-91 Resource Allocation Plan
(Budget). Councilwoman Kaywood seconded the motion. MOTION CARRIED.
(6:21 p.m.)
LEONORA N. SOHL, CITY CLERK
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