1989/08/22City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 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
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
ASSISTANT CITY ATTORNEY: Bob Franks
CITY CLERK: Leonora N. Sohl
DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES: Chris Jarvi
COMMUNITY SERVICES MANAGER: Steve Swaim
CODE ENFORCEMENT MANAGER: John Poole
ZONING ADMINISTRATOR: Annika Santalahtt
TRAFFIC ENGINEER: Paul Singer
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:40 p.m. on August 18, 1989 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter 'called the meeting to order at 12:00 noon.
REQUEST FOR CLOSED SESSION; Assistant City Attorney Bob Franks 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.
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 meet with its negotiator regarding possible acquisition of
land from the Phoenix Club located at 1566 Douglass Road, Anaheim,
Galifornia.
f. 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: Mayor Hunter called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(1:56 p.m.)
INVOCATION: Pastor Keith Kettenring, Calvary Baptist Church, gave the
invocation.
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City Hall, Anaheim, California - COUNCIL MINUTES August 22, 1989, 1;30 P,M,
FLAG SALUTE: Councilman Tom Daly led the assembly in the Pledge of Allegiance
to the Flag.
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 104: Sharon Mc Camon, Senior Office
Specialist/Public Works-Engineering; Bernice Granato, Paralegal/Ctty
Attorney's Office; Alison McKee, Customer Service Representative/Public
Utilities Department; Lana Gordon, Customer Service Representative/Public
Utilities Department; Debi Belmonte, Building Representative/Planning
Department; Brent Schultz, Assistant Planner/Planning Department ($104); and
James Sutherland, Equipment Operator/Public Utilities
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; SPECIAL PRESENTATION UNITED STATES CONFERENCE OF MAYORS AWARDS; (This
presentation took place before the Housing Authority meeting). Mayor Fred
Hunter presented a silver plate to Mr. Terrance Barry, Mr. Carl Karcher,
Father John Lenthan (St. Boniface Parish), and Lisa Stipkovich, Director of
Community Development, which was awarded to the City of Anaheim by the United
States Conference of Mayors 57th Annual Conference held in Charleston, South
Carolina in June. The focus of the 1989 Mayors Awards program was
"Partnerships for Affordable Housing." "The Mayors Awards program recognizes
unique efforts in cities to increase the supply of affordable housing through
public/private partnership and the involvement of volunteers." (See booklet
entitled, Partnerships for Affordable Housing). The page devoted to Anaheim
explained the Park/Vista Project - a public/private partnership between the
City of Anaheim, Anaheim Housing Authority and the Karcher-Barry Company which
rehabilitated the City's Chevy Chase area made a part of the record).
Terrance Berry, on behalf of Karcher Barry, stated it was a very exciting
project for the demonstration of a public private partnership and it is a
fantastic renaissance for the residents of the City.
Mr. Carl Karcher thanked Terrance and his staff and also thanked everyone
responsible for their help in making the project happen.
Mayor Hunter, on behalf of the Council and the City, thanked everyone involved
for their long, tireless and persistent efforts in making the project a
reality.
119: PRESENTATION OF RECOGNITION: Mr. John Shanahan was presented with a
certificate (mounted on a plaque) to recognize his nine years of service on
the City's Senior Citizen Commission.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989, 1:30
Mayor Hunter and Council Members thanked Mr. Shanahan for the time he served
on the Commission and wished him well.
119; PROCLAMATIONS: The fqllowing proclamations were issued by Mayor Hunter
and authorized by the City Council:
American Business Women's Day in Anaheim, September 22, 1989,
Drive for Life Day in Anaheim, September 2, 1989.
Mary Smalley accepted the American Business Women's Day proclamation.
119: DECLARATION OF COMMENDATION; A Declaration of Commendation was
unanimously adopted by the City Council and presented to Mr. Robert B. St.
Cyr, Anaheim resident, a surviving passenger and hero of United Airlines
Flight #232 which crashed in an Iowa corn field on July 19, 1989. One hundred
and eleven people perished in the crash; however, more than half of the
passengers survived thanks to the help and assistance provided by people like
Mr. St. Cyr.
Mayor Hunter, on behalf of the Council and the City, expressed great
admiration and gratitude to Mr. St. Cyr for his selfless assistance and
participation in the rescue of fellow passengers at great risk to his ow~
life. Mr. St. Cyr was accompanied by his wife, son and daughter. The Council
expressed their personal admiration to Mr. St. Cyr for his courage and
selflessness.
Later in the meeting, Councilman Pickler thanke~ Bill Erickson for informing
him that Mr. St. Cyr was an Anaheim resident and that he should be so honored.
119; DECLARATION OF RECOGNITION; A Declaration of Recognition was
unanimously adopted by the City Council recognizing September 7, 1989, as the
day the Emerald Hotel becomes the Pan Pacific Hotel.
119: PROCLAIMING BUDDy EBSgN "Honorary Cit$~en of Anah~$m"; Mayor Hunter
first read the proclamation which proclaimed Buddy Ebsen, "Honorary Citizen of
Anaheim." The proclamation recognized Mr. Ebsen as a man of many talents
including his dancing and acting abilities. His credits included movies
starring with dancing partner Shirley Temple through Breakfast at Tiffanys in
addition to a list of Broadway roles. Mr. Ebsen also provided years of
wholesome TV family entertainment starring in the Davey Crocker series and is
especially known for his Beverly Hillbilly series (Which will be rerun on
KDOC-TV) and Detective Barnaby Jones. It was with great pleasure that the
Mayor and City Council had the opportunity to present the proclamation to
Mr. Ebsen who was present (with representatives of KDOG), and who accepted the
honor bestowed upon him. As an added feature, Mr. Ebsen briefly danced a few
of his famous steps to the delight of the audience.
Supervisor Don Roth also read and then presented a proclamation to Mr. Ebsen,
recognizing him for his work and designating Labor Day, September 4, 1989, as
Beverly Hillbillies and Buddy Ebsen Day in Orange County as well as making
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City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989, 1;30 P.M,
him an official "Honorary Citizen of Orange County." The Board of Supervisors
also send their best to Mr. Ebsen.
119: PRESENTATION - PIGSKIN CLASSIC; A presentation was then made by
principals of Dtsneyland regarding the Pigskin Classic Football Game.
Mr. Jack Lindqutst explained how it came about to have a pre-season
intercollegiate football game in Anaheim beginning in 1990 at Anaheim Stadium
with two top-ranked teams. The game is the beginning of an annual event that
will have a net economic impact on the City of $35 million in its first year.
The game will be administered through the Freedom Bowl. The presentation
today will be a briefing on some of the activities being planned before and
during the week of the game. He introduced Tert Robinson, Show Producer of
the event, who explained the week's worth of entertainment planned up to and
including the game itself. Other representatives from Disneyland who spoke
were Sharon Salem, who explained that in 1990 Disneyland will also be
celebrating its big 35th Birthday Celebration and how that will tie in with
promotion of the Classic. Susan Lee explained some of the marketing
techniques t~at will be utilized and presented to Council and staff members
"T" shirts which will be souveniers of the Classic.
Mr. Tom Starr, Freedom Bowl. He explained that the Pigskin Classic from the
start has been a joint venture with Dtsneyland and the Freedom Bowl. There
has been extensive interest and enthusiasm for the Classic. He also explained
who will have the national TV rights for the game. The Freedom Bowl are the
administrators and have the expertise running a major collegiate event. He
also explained the formula and guidelines for the teams who will play in the
game. Anaheim will now become the only City to have both a post and
pre-season intercollegiate event. A date for the game has not yet been
finalized. (Mr. Bill Snyder, Anaheim Visitor & Convention Bureau, and Jim
McMurray, representing the Freedom Bowl were also present.)
MINUTES; Councilwoman Kaywood moved to approve the minutes of the regular
meeting held August 1, 1989. Councilman Pickler seconded the motion.
MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,743,060.15, in
accordance with the 1989-90 Budget, were approved.
RECESS: By general consent the Council recessed for ten minutes in order to
give an opportunity for the Council Chamber to clear. (2:35 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present. (2:50 p.m.)
WAIVER OF READING - RESOLUTIONS/ORDINANCES; The titles of the following
resolutions and ordinances on the Consent Calendar were read by the City
Manager. (Resolution Nos. 89R-358 through 89R-370, for adoption; Ordinance
Nos. 5059 and 5060, for adoption; and Ordinance No. 5061 for introduction)
Councilman Hunter moved to waive the reading in full of the resolutions and
ordinances. CouncilmanDaly seconded the motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989, 1;30 P,M,
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Hunter,
seconded by Councilman Daly, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Councilman Hunter offered
Resolution Nos. 89R-358 through 89R-370, for adoption; Ordinance Nos. 5059 and
5060, for adoption: and Ordinance No. 5061 for introduction. Resolution Book.
Al. 105: Receiving and filing minutes of the Senior Citizens Commission
meeting held July 13, 1989.
105: Receiving and filing minutes of the Community Services Board meeting
held July 13, 1989.
156: Receiving and filing the Anaheim Police Department Crime and Clearance
Analysis Report for the month of July, 1989.
107: Receiving and filing Statistical Report Summary from the Building
Division, ending July 31, 1989.
173: Receiving and filing an application (filed with the Public Utilities
Commission) in the matter of Entezamoldin Nazemzadeh and Mohamoud Aram dba Los
Angeles Top Shuttle, Inc., to expand its existing passenger stage authority
(PSC 4948) to certain portions of Los Angeles County, Orange County,
Riverside County, Ventura County and San Bernardtno County on one hand and Los
Angeles International Airport, Burbank Airport, Long Beach Airport and John
Wayne - Orange County Airport on the other hand.
A2. 171; RESOLUTION NO, 89R-358; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING LEVY OF A REASSESSMENT BY THE CITY OF YORBA LINDA ON
CERTAIN PROPERTY WITHIN THE CITY OF ANAHEIM. (City of Yorba Linda refinancing
of Sari Ranch Assessment District No. 77.)
A3. 114/149: RESOLUTION NO, 89R-359; A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ADOPTING THE POLICY CONCERNING THE ESTABLISHMENT OF
"PERMIT PARKING ONLY" AREAS.
A4. 149/142: ORDINANCE NO. 5061 - INTRODUCTION; AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING A NEW SUBSECTION .2420 TO SECTION 14.32.190 OF CHAPTER 14.32 OF
TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING AND STOPPING.
(Prohibiting parking at any time on Jefferson Street, on the east side, from
Coronado Street to 660 feet north of Coronado Street.)
AS, 176; RESOLUTION NO, 89R-360; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (88-10A) (Setting a date for public hearing
to consider abandoning that public utilities easement located generally west
of Loara Street, south of Orangewood Avenue, and within and north of the
future street "Wilmot Lane" - suggested date is September 19, 1989.)
A6. 169: Awarding the contract to the lowest and best responsible bidder,
Vernon Paving Company, in the amount of $604,288.55 for Raymond Avenue Street
Improvement, Chapman Avenue to Riverside (Route 91) Freeway.
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City Hall, Anaheim. California - COUNCIL MINUTES - August 22, ~989, 1;30 P,M,
A7. 155/169: Approving a Negative Declaration pursuant to CEQA findings for
the construction of Street, Water and Street Lighting Improvements on Broadway
from 500' West of Harbor Boulevard to Manchester Avenue.
AS, 175~ RESOLUTION NO. $9R-361; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND
DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AS AMENDED BY
RESOLUTION NOS. 73R-255, 73R-387, 73R-532, 74R-433, 75R-469, 75R-479, 76R-378,
78R-418, 78R-419, 78R-459, 79R-643, 80R-304, 81R-124, 81R-402, 82R-355,
83R-331, 84R-246, 86R-118, 87R-188, 87R-324 AND 88R-368. (Adopting certain
new rates, rules and regulations for water services provided to water
customers served by the City of Anaheim.)
175/106: Decreasing the Water Utility debt service budget for 1989/90 from
$2,377,000 to $2,355,000.
175/106: Decreasing the Water Utility water supply budget for 1989/90 from
$8,664,867 to $8,484,000.
175/106: Decreasing the Water Utility revenue from sales budget for 1989/90
from $22,507,000 to $22,290,000.
Ag. 155/175: Approving a Negative Declaration pursuant to CEQA findings, for
the construction of a 27" water main in Tusttn Avenue.
AIO. 155/175: Approving a Negative Declaration pursuant to CEQA findings, for
the construction of the Olive Hills Water Transmission Main.
All. 175.123: Waiving Council Policy 401 and approving an agreement with
Bechtel Power Corporation in an amount not to exceed $35,000 to provide for an
electrical engineer to support the Water Engineering Division work relative to
developer's drawings and other related documents.
Al2, 153; RESOLUTION NO, 89R-362; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION AND PAY POLICIES FOR
CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT A/~D SUPERSEDING RESOLUTION
NO. 88R-263 AND AMENDMENTS THERETO.
153: RESOLUTION NO, 89R-363; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS
ADMINISTRATIVE MANAGEMENT AND SUPERSEDING RESOLUTION NO. 88R-264 AND
AMENDMENTS THERETO.
153: RESOLUTION NO. 89R-364: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS
MIDDLE MANAGEMENT AND SUPERSEDING RESOLUTION NOS. 88R-265, 88R-267 AND 88R-269
AND AMENDMENTS THERETO.
153; RESOLUTION NO, 89R-365; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS
SUPERVISORY.
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City Hall, Anaheim. California - COUNCIL MINUTES - August 22, 1989, 1;30 P.M.
153; RESOLUTION NO, 89R-366; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS
PROFESSIONALAND SUPERSEDING RESOLUTION NOS. 88R-266 AND 88R-268 AND
AMENDMENTS THERETO.
Al3, 153; RESOLUTION NO, 89R-367; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS
ASSIGNED TO THE CLERICAL EMPLOYEES UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL
EMPLOYEES ASSOCIATION. (And creating the position of Telephone
Operator/Receptionist Supervisor, effective August 18, 1989.)
Al4. 123: Approving an agreement with Eric W. Gruver, Ph.D., Psychologist, to
conduct psychological evaluations, at a cost of $350 for Police Officer and
Police Reserve candidates, $200 for Jailer candidates, and $100 per hour for
services provided as an expert witness in litigation involving the City.
Al5. 123: Approving an agreement with Gall Alger Enterprises, Inc., dba A
Plus Systems, to provide recruitment advertising services.
Al6, 123/161: RESOLUTION NO, 89R-368: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AMENDMENTS TO
COOPERATION AGREEMENT NOS. 29, 34, 36 AND 40 FOR RIGHT OF WAY AND PUBLIC
IMPROVEMENTS WITH THE ANAHEIM REDEVELOPMENT AGENCY. (And authorizing the
Mayor and City Clerk to execute said agreements.)
Al7. 123: Approving a First Amendment to Purchase and Sale Agreement with
Anaheim Housing Authority to establish purchase prices for the various parcels
and to permit the Housing Authority to carry out the Disposition and
Development Agreement with BrookhollowApartments (Anaheim) Associates.
Al8. 174: Approving the Citizen Participation Plan for the Community
Development Block Grant (CDBG) Program, Revised July, 1989.
Al9. 123: Approving agreements with the three firms of Anthony and Langford;
Harris and Associates, Inc.; and BSI Consultants, Inc., for Master Consultant
Services, and authorizing the Director of Parks, Recreation and Community
Services to continue with the Master Consultant Program at a cost not to
exceed $10,000 per project.
A20. 123/159: Approving a First Amendment to Agreement with Coleman Security
Service, Inc., to provide security personnel to issue citations for illegal
parking violations for the street sweeping program and parking structures for
the period September 1, 1989 through September 30, 1990, in accordance with
bid proposal ~4215.
A21. 106: Approving a reserve appropriation (carry-over) from fiscal year
1988/89 of $17,000 for the Data Research Associates contract.
A22, 158; RESOLUTION NO, 89R-369; 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.
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City Hall, Anaheim. California - COUNCIL MINUTES - August 22, 1989, 1;30
A23. 169: Awarding a contract to the lowest and best responsible bidder,
Vernon Paving Co., in the amount of $198,119.17, for street improvements,
Brookhurst, north City limits to La Palma.
A24. 169: Awarding a contract to the lowest and best responsible bidder,
Vernon Paving Co., in the amount of $324,846.65, for street improvements,
Brookhurst, Crescent to Lincoln.
A25. 169: Awarding a contract to the lowest and best responsible bidder,
Vernon Paving Co., in the amount of $444,064.41, for street improvements,
Brookhurst, Lincoln to Orange.
A26, 107/142; ORDINANCE NO, 5059 - ADOPTION; AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING NEW SECTION 7.24.040 TO CHAPTER 7.24 OF TITLE 7 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO HANDBILLS. (Prohibiting the distribution of
handbills to guest rooms within hotels or motels.)
A~7, 171/142; ORDINANCE NO. 5060 - ADOPTION; AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON FULL CASH
VALUE OF ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR
THE FISCAL YEAR 1989/90.
A28. This item was pulled from the Consent Calendar for further discussion.
(See end of Consent Calendar.)
A29. 130: RESOLUTION NO. 89R-370: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (i) APPROVING CERTAIN FINDINGS OF FACT IN CONJUNCTION WITH THE
DENIAL OF AN APPLICATION OF EMPIRE GABLE TELEVISION, INC. ("EMPIRE") FOR A
NON-EXCLUSIVE CABLE TELEVISION FRANCHISE TO SERVE CERTAIN PORTIONS OF THE CITY
OF ANAHEIM LOCATED IN THE EAST ANAHEIM HILLS AREA, NAMELY, THE SUMMIT, THE
HIGHLANDS, AND SYCAMORE CANYON DEVELOPMENTS AND A NEGATIVE DECLARATION
RELATIVE TO SAID APPLICATION, AND (ii) APPROVING CERTAIN FINDINGS OF FACT IN
CONJUNCTION WITH THE APPROVAL OF A STAFF-INTRODUCED APPLICATION GRANTING A
NON-EXCLUSIVE CABLE TELEVISION FRANCHISE TO EMPIRE TO SERVE CERTAIN PORTIONS
OF THE CITY OF ANAHEIM LOCATED IN THE EAST ANAHEIM HILLS AREA, NAMELY, THE
SUMMIT, THE HIGHI2%NDS, AND SYCAMORE CANYON DEVELOPMENTS AND A NEGATIVE
DEGLARATION IN RELATION TO SAID APPLICATION.
Roll Call Vote on Resolution Nos. 89R-358, 89R-359, 89R-360, 89R-361, 89R-367,
89R-368, 89R-369 and 89R-370:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-358, 89R-359, 89R-360, 89R-361,
89R-367, 89R-368, 89R-369 and 89R-370, both inclusive, duly passed and adopted.
Roll Call Vote on Resolution No. 89R-362:
851
City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989, 1:30 P.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Pickler, Kaywood and Hunter
Daly
None
The Mayor declared Resolution No. 89R-362 duly passed and adopted.
Roll Call Vote on Resolution Nos. 89R-363 through 89R-366:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-363 through 89R-366, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
A28, 114/142; PROPOSED ORDINANCE NO, 5062 - CITY cOUNCIL NIGHT MEETINGS:
Amending subsection .010 of section 1.12.010 of Chapter 1.12 of Title 1 of the
Anaheim Municipal Code relating to night meetings of the City Council.
Submitted was report dated August 16, 1989 from the City Attorney, Jack White,
recommending adoption of the proposed ordinance to formally memorialize the
decision of the City Council made at its meeting of August 15, 1989, to
schedule all regular meetings of the City Council as night meetings.
Councilman Pickler. He feels there are people who would like to speak to the
issue. The Council should continue with its present meeting schedule of two
night meetings and two day meetings. They will be discriminating against the
business community, retired citizens and those who work at night if all night
meetings are held. By having two daytime and two night meetings, all segments
will have the opportunity to attend meetings. It is true that many other
Orange County cities have meetings at night but none of them have four
meetings a month. Approximately 90% have two meetings a month. If a night
meeting is requested when a day meeting is scheduled, the Council can
accommodate that preference. It also begins to get difficult to function when
it is 11 p.m. and 12 midnight. Staff would also be entitled to compensatory
time off but citizens will be deprived of that staff time during regular
working hours if that comp-time is utilized. The motivation ~or night
meetings is going to benefit a few Council Members who work during the day.
Although night meetings do not bother him that much, it is unfair to many
people. The present schedule has worked well and he has not heard from anyone
that they want two additional night meetings.
Mayor Hunter. The ordinance is on the agenda today for introduction and
adoption will be at the next regularly scheduled meeting. He is not going to
restate what he stated last week (see minutes of August 15, 1989) and what he
has been saying over the years. There is a philosophical difference between
Council Members and others relative to the issue. The key, as was stated last
week, is access. Staff scheduling is something for management to work out.
The public wants night Council meetings so that they can have access to their
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City Hall, Anaheim, California - COUNCIL MINUTES - Aumust 22. 1989. 1:30 P.M.
elected officials. The issue was settled on a 3/2 vote last week and this is
merely the introduction of the ordinance to formalize the action.
Councilman Pickler. He feels access will not be there for all of the people -
two day and two night meetings give that access to all. If the matter is
again discussed in three weeks perhaps they can hear from those people. He
feels the actions relative to the change are premature.
Councilman Ehrle. .Councilman Pickler used the word selfish. He (Ehrle) feels
the Council majority over the years have been selfish to have day meetings.
It is discriminatory in nature and by going to all night meetings there will
be a large number of people that otherwise would be disenfranchised from
running for Council to now be able to do so. People who work during the day
are not able to serve their community.
Councilwoman Kaywood. Last week public hearings were delayed from 6 p.m. to
7:30 p.m. and people who were present at 5:30 p.m. when the meeting started
were gone by 10 p.m. when their item was heard. Since it is a work day,
people are not going to stay out until midnight. It is putting people out of
the process. It is also the farthest thing from the truth in the impression
that Councilman Ehrle gave that in order to run for Council all that is
necessary is to give a Tuesday night. She also addressed a section in the
proposed ordinance stating that if a Tuesday falls on an authorized City
holiday then the regular meeting of the City Council shall be held on the next
succeeding day not a holiday. The Council has already agreed that there will
be no meetings on fifth Tuesdays of the month. The section would have to be
rewritten.
Assistant City Attorney Bob Franks, stated he would check into the matter to
see if any other change of language is required. At this time only the time
was changed.
Councilwoman Kaywood referred to the letter received from the Chamber of
Commerce. She asked if anyone was present from the Chamber who would like to
speak; Mayor Hunter reiterated this was not a public hearing. Input is
usually taken at the time of adoption of the ordinance which would.be a more
appropriate time. The next Council meeting will be held Tuesday, September
12, 1989 at 5:30 p.m.
Councilman Hunter offered Ordinance No. 5062 for first reading.
ORDINANCE NO. 5062: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.010 OF SECTION 1.12.010 OF CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO MEETINGS OF THE CITY COUNCIL.
150/106; PRESENTATION - JEFFREY-LYNNE STUDy - IMPLEMENTATION
RECOMMENDATIONS: Approving the recommendations of the Jeffrey-Lynne Study,
authorizing staff to distribute a request for proposal to hire a contractor to
implement the study recommendations, and increasing the expenditure
appropriation in Program 01-344, Community Services, by $10,000.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 22. 1989. 1:30 P.M.
Submitted was detailed staff report dated August 9, 1989 from the Director of
Parks, Recreation & Community Services, Chris Jarvt, recommending that the
Council (1) approve the recommendations of the Jeffrey-Lynne Study, (2)
authorize staff to distribute a request for proposal to hire a contractor to
implement the study recommendations and (3) increase the expenditure
appropriation in Program 01-344, Community Services, by $10,000.
Chris Jarvi, Director of Parks, Recreation & Community Services, referred to
the "Jeffrey-Lynne Study - 1988/89" sponsored by the City of Anaheim and
contracted by the Orange County Community Consortium, Inc. which was submitted
to the Council. (Study made a part of the record - on file in the City
Clerk's Office). He then gave the chronology of events leading up to and
including completion of the study. (See staff report of August 9, 1989). He
then introduced Mary Ann Salamida, Director, Orange County Community
Consortium (Consortium) who in turn introduced Mr. Bob Ball.
Mr. Bob Ball, 1532 Laster. He has been a resident of the Jeffrey-Lynne area
for 25 years 9nd served on the Jeffrey-Lynne Task Force. He is present to
request the Council's speedy support of the recommendations made by the
Consortium. He and his neighbors, many of whom have lived in their homes
since 1963, have major concerns about the area, not the least of which is
their property values. They are concerned about increasing blight, signs of
gangs and a general increase in the deterioration of the area. He encouraged
support for the recommendations contained in the study.
Mary Ann Salamida, Director, Orange County Community Consortium. The
Consortium is a coalition of public and private health, education and human
service organizations. The Consortium contracted with Anaheim to conduct a
needs assessment and a Citywtde task force was formed which had an interest in
the area. She explained the meetings that took place, the participants and
the subsequent study of the area's needs and action plan. She then briefed
the Jeffrey-Lynne Study. Her extensive presentation was supplemented by
slides, many hard copies of which were included in the report. Page 4 of the
report - the start of the Executive Summary - explained the approach taken.
As a result, the Study Team developed an 18-page survey instrument wherein
100 households in the area were surveyed and the statistics resulting
there from processed via the Statistical Package for the Social Sciences.
(See confidential questionnaire startin~ on pa§e 51 of the report continuin~
through page A-68). There were also extensive interviews with local schools,
community centers, hospitals and clinics as well as other human service
providers. Priority needs found in the study (see page 5 of the study) ranged
from the first priority of drug enforcement programs to child care. The most
important neighborhood issues are drugs, alcohol, theft, parking and gangs.
The most popular neighborhood improvements were for police protection, parking
and education (community education in their primary language). The report
covered many aspects such as neighborhood profile and composition, demographic
profile (the population of Jeffrey-Lynne is over 90% Hispanic with Spanish
being the primary language in 83% of the households), priority of human
service needs not being met with recommendations proposed after each in order
to meet those unmet needs, service delivery systems, action plan and
recommendations for the delivery of human services in the area, summary of
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City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989, 1:30 P.M.
project findings, research methodology and community form findings (see the
report for specifics on each area). Further, based on the results of the
study, a small neighborhood center is recommended as a means of coordinating
the activities. Mrs. Salamida concluded that the recommendations contained in
the study are do-able and will assist the residents of the Jeffrey-Lynne area
to become more self-sufficient.
Questions were then posed by Council Members; Councilwoman Kaywood expressed
concern that relative to parking which is a major concern, the study indicated
that landlords in the area are either charging residents for a parking space
or are not allowing residents to have a parking space at all. When a project
is approved, parking is an integral part of any development.
John Poole, Code Enforcement Manager. That situation has been a problem in
Jeffrey-Lynne and other areas. Landlords rent garages out. When such a
situation is brought to the attention of Code Enforcement, action is taken
because the Code requires on-site parking, which cannot be used for storage.
It is an enforcement problem and the City's ordinance covers it well.
City Clerk Sohl announced that Father John Lenihan also wished to address the
Council.
Father John Lenihan, Pastor, St. Boniface Church. He is speaking on behalf of
the Church Community Organization of St. Boniface, a grass roots
organization. Since most of the people in the Jeffrey-Lynne area are members
of the St. Boniface community, they feel they really speak for the community.
It is a forgotten area. The organization came to the Council approximately
18 months ago and asked for block grant funds for a mini-center in the
Jeffrey-Lynne area. They opposed the idea of a study because they felt they
knew the needs. The study bore out their findings. When it was decided the
study was going to be done, they recommended the Consortium. They are pleased
at what the Consortiumhas done and they should be commended. There are very
serious problems, primarily the drug problem which is a huge issue
nationwide. It is an issue that needs to be recognized as well as a sense of
a center which is so much a part of the issue. They are recommending strongly
that the Council look at that. He then thanked City staff in various
departments including the various agencies involved for all that has been done
as well as all that is going to be done. He would also like to read into the
record, as far as he can see it, the amount of funding that will be dedicated
to the program is $68,000 total and $100,000 for the next year.
Mayor Hunter. The $68,000 is correct (see staff report dated August 9, 1989,
page 2, last paragraph, impact on the Resource Allocation Plan) but the
$100,000 is available for acquisition, rehabilitation or construction
purposes .... "should it be needed to carry out the study's recommendations."
Councilman Daly. The recommendation is to solicit proposals from contractors
to pursue all the recommendations contained within the study. There is no
guarantee or specific recommendation of a specific amount of dollars. They
may get a proposal from a contractor who will perform the work for $25,000.
He becomes uncomfortable talking about dollars and reading dollar amounts into
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City Hall, Anaheim, California - COUNCIL MINUTES August 22, 1989. 1:30 P.M.
the record as though that guarantees some sort of solution; Father Lenthan
interjected that the staff report implies that a certain sum is already
available. He does feel that there is a moral imperative on the Council to be
strongly in favor of the recommendation.
Mayor Hunter. His understanding is that there is $43,000 left over from
Community Development Block Grant (CDBG) monies, $15,000 from Community
Services Agencies Funding and $10,000 donated from the Larry Lea Ministries -
therefore, $68,000 is available to begin to implement the recommendations in
the Jeffrey-Lynne area. There is also $100,000 that is available for
acquisition, rehabilitation or construction purposes as he previously
explained; Steve Swaim, Community Services Manager, stated that was correct.
Father Lenihan referred to the award that was given in recognition of the Park
Vista Development which rehabilitated the Chevy Chase area. What happened
there was a beautiful thing and what they are trying to do with Jeffrey-Lynne
is another possibility. Park Vista was a very positive project but
unfortunately it moved the problems rather than eliminating them
Citron. What they are trying to do is redevelop from within to enable people
to take charge themselves. As a church organization, they are working in many
ways the Council does not even know of in trying to help people help
themselves.
Further discussion then followed with staff explaining the sources of the
$68,000, and what they will do with the funds. Councilman Daly also
questioned why staff could not be involved instead of a contractor to
implement the study recommendation; Chris Jarvi explained that staff is
strapped for work hours for the required effort. They need someone to help
supplement staff and provide the facilitation required. Additional input was
also provided by Mrs. Salamida.
At the conclusion of discussion, Councilman Hunter moved to (1) approve the
recommendations of the Jeffrey-Lynne Study, (2) authorize staff to distribute
a request for proposal (RFP) to hire a contractor to implement the study
recommendations and (3) increase the expenditure appropriation in
Program 01-344, Community Services, by $10,000, as recommended in report dated
August 9, 1989 from the Director of Parks, Recreation & Community Services,
Chris Jarvt. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
179;, CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 88-89-32. VARIANCE
NO, 3893 AND NEGATIVE DECLARATION:
APPLICANT: OWNER:
Ltnda Lee Sprague
1305 1/2 W. North Street,
Anaheim, CA 92803
LOCATION/REQUEST: The property is located at 1305 and 1307 W. North Street.
The request is for a change in zone from RS-IO,O00 to RM-3000, and for waivers
of (a) minimum building site area per dwelling unit, (b) maximum structural
height, (c) minimum structural setback and (d) minimum recreational/leisure
area to construct a 10-unit condominium complex.
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City Hall, Anaheim, California COUNCIL MINUTES - August 22, 1989, 1~30 P,M,
PROJECT AS APPROVED BY THE PLANNING COMMISSION: Reclassification No. 88-89-32
was granted by the Planning Commission, under Resolution No. PC89-123;
Variance No. 3893 was granted, in part, (waivers a and d denied) by the
Planning Commission, under Resolution No. PC89-124; approved EIR Negative
Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and Councilman Daly at the meeting of May 23, 1989 and the public
hearing scheduled and continued from the meeting of June 27, 1989, to this
date. (See minutes of June 27, 1989).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 15, 1989.
Posting of property June 15, 1989.
Mailing to property owners within 300 feet - June 16, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated May 8, 1989.
Letter dated August 15, 1989 was submitted by the owner, Linda Sprague,
requesting an additional 8-week continuance. Subsequently letter dated
August 22, 1989, received at 10 a.m. rescinded the request for a continuance
as outlined in the August 15, 1989 letter and asked that the matter be heard
as scheduled today.
Mayor Hunter asked to hear from the applicant.
Mr. A1 Marshall, Newport Pacific, 4400 MacArthur Boulevard,
Newport Beach.
Over two weeks ago he submitted a change in plans. He has had a
long discussion with the property owner since the last
continuance and reached an agreement. The new plans are for
8 single-family style detached homes under a condominium RM-3000
plan which was what the neighbors have been requesting all
along. Those drawings were beginning to be reviewed by staff
when the letter from the property owner was received asking for
an 8-week continuance Staff has not had an opportunity to
review the plans and the plans are not present today. He
realizes it is difficult to rule on the project if it is
completely redesigned, but Newport Pacific is requesting that
the Council grant the zoning change under the consideration that
the new plans be approved by staff. They will be requesting
only two waivers. They are both the same waiver but fall under
two different headings. It is because they are condominiums and
are 2-stories within 50 feet of single-family in two instances.
The units are designed the way they feel the neighborhood wants
them to be. The neighborhood would be willing to accept 8 units
designed a single-family detached. He reiterated their request
is that the Council approve the zone change based on the fact
that plans be approved by staff as meeting code in all but those
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City Hall, Anaheim, California - COUNCIL MINUTES - August 22. 1989. 1:30 P.M.
waivers as he suggested so that they can continue with their
plans and move forward. They have capitulated to the neighbors'
demands and have come back with what they think is going to be a
very good and attractive program in keeping with the
neighborhood. The cost of the units are considerably higher
than what was proposed in the previous ten condominiums. They
are eight separate single-family homes of 1,700 and 2,200 square
feet.
Mayor Hunter.
It was his understand the applicant needs a reclassification
from RS-10,000 to RM-3,000 and that would assist the developer
in going back to the neighbors to work out what differences
exist among them; Mr. Marshall confirmed that was correct.
Councilwoman Kaywood.
She knows that a 3-week delay is costly since the Council will
not be meeting again until September 12, 1989 but there is no
way she would proceed with the hearing without staff having seen
the plans and without the benefit of a staff report back to the
Council. She would not be in favor of a reclassification at
this time. The matter should be held all together. She would
want to see something in the range of 5,000 square foot lots.
The property is now RS-10,000 which is a very limited supply and
to suddenly say it is 3,000 is a big change.
Annika Santalahti, Zoning Administrator.
She heard the word detached and basically in the condominium
zoning, as a standard condominium, it is required that the units
be attached. At least two units have to go together. Staff
would need t° be able to advertise an additional waiver in terms
of the variance. The reclassification, if Council wanted to
proceed with it, is always a possibility since it has Just fee
conditions in it. If so, she requests a condition be added that
the two lots be combined either by some covenant or restriction
holding them together or by a parcel map. As far as the
variance, the code for condominiums says you shall have attached
units or develop single-family homes.
Councilman Pickler.
If the Council approved the reclassification and did nothing
else, he assumed the project would have to go back to the
Planning Department for new plans.
Annika Santalahti.
Staff would have to review the project and readvertise for a
subsequent Council hearing on the variance. If the public
hearing is continued, she suggested a continuance of at least
four weeks. The public notice would have to be sent at least
ten days minimum before the hearing and staff would need time to
review the plans and submit a staff report.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989, 1;30 P,M,
Councilwoman Kaywood moved to continue the public hearing on Reclassification
No. 88-89-32 and Variance No. 3893 and Negative Declaration for four weeks to
September 19, 1989. Councilman Daly seconded the motion for purposes of
discussion.
Mr. Marshall then explained for Councilman Daly that the new
plans call for two waivers that he mentioned. One for height
and apparently another waiver that would be detaching the units
vs. having attached units.
Annika Santalahti.
She believes that the detachment is the only waiver she can
think of. It would be a waiver and the variance would have to
be readvertised to include that as a waiver.
A vote was then taken on the motion to continue the public hearing on both the
Reclassification and Variance for four weeks and failed to carry by the
following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly and Kaywood
Ehrle, Pickler and Hunter
None
From the audience, it was stated that the neighbors present on the issue were
opposed to the requested rezoning.
City Attorney White.
The Council has the option to bifurcate the hearing and hold the
hearing on the reclassification portion only. If approved, it
is possible that plans could be designed meeting all codes and
it would not come back for another hearing. If the applicant
wishes to proceed with the plans currently filed, he would have
to have approval of the variance which the Council could do
today or continue only that part as it pertains to the variance
to allow further review of the plans by staff. It is up to the
Council if they want to go forward with the entire hearing or a
hearing only on the reclassification. If the continuance motion
failed because the majority of the Council wants to act on the
reclassification, the Council could hear testimony only on the
reclassification, act on the reclassification and continue the
variance or act on the whole project.
Councilman Hunter moved to bifurcate the public hearing and receive testimony
from the applicant and public regarding only the reclassification. Councilman
Ehrle seconded the motion. MOTION CARRIED.
Mayor Hunter asked Mr. Marshall to speak to the reclassification.
APPLICANT'S
STATEMENT:
A1 Marshall, Newport Pacific.
The General Plan for the area calls for RM-1200. They feel that
the property given at size and depth does not work well for an
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City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989, 1;30 P,M,
RSA-10,000 and cannot be appropriately developed under that
designation as 1, 2, or 3 single-family homes. The property is
surrounded by apartments behind it, the property to the left is
a deep lot, the property on the right has a single-family home
on the front portion and multiple family behind it. Since it is
not appropriate for RSA-10,000, the next zoning down would be
RM-3,000 which is a very good compromise between a single-family
use across North Street and multiple family use directly
adjacent and behind the property. That is the basis on which
they make the request. The project is a hybrid between a
single-family 5,000 and an RM-3,000 and works very well to
present it as a single-family but giving it a slightly greater
density than RSA-10,000.
PUBLIG DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Sam Markowttz, 812 Redondo Drive.
He is opposed as well as the neighbors. Mr. Marshall is
"chipping" away until he gets what he wants. It is ridiculous
to have the residents approve anything that they do not know
what it is going to look like. If the reclassification is
approved and the plans do not work, four weeks from now, he
(Marshall) may come in with something else. It is the
developer's fault that the project is so far behind. If he had
come up with a reasonable use of the property a year ago, he
would not have this problem now.
Jane Liekhus, 1215 West North Street.
She has lived two lots away from the subject property for
30 years. The 3,000 zoning being requested does not make
sense. It is too small. TWo stories do not bother most of the
neighbors. At the last Planning Commission meeting, they were
hoping for 8 units but the Planning Commission approved 10.
There was zero setback on the east side. It was not a good plan
and the neighbors would be "stuck" with it. If the developer
knew there was to be a continuance and that the neighbors were
still unhappy, she does not know why he did not start sooner.
They are very unhappy with RS-3,000.
Councilman Pickler asked if it was possible the 8 units proposed
are something she could live with; Mrs. Liekhus answered, not on
a 3,000 square-foot lot. That is very minimal. They have not
seen the plans. RM-3,000 is a step backwards.
George Proper, North Street.
With the 10 units, there was going to be stamped concrete
pavement into the facility. His objection to that project was
that the neighbors were going to be looking at something with no
860
City Hall, Anaheim, California - COUNCIL MINUTES August 22. %989, 1:30 P.M.
landscaping. It is possible with 8 units and a street in the
project that they could possibly get landscaping and something
that would look better and be more compatible with the homes in
the area. He does not want to see any rezoning or variance
granted until they are able to see the plans and know what they
are getting.
Leonard Liekhus.
He does not understand why the Council is wasting their time and
the neighbors' time. The project should be acted on all at one
time when it comes before the Council in four weeks.
Mrs. Gosselin, 1200 West North Street.
She has opposed the project from the beginning and is opposed to
RM-3,000. There is almost 40,000 square feet on the property.
If RM-3,000 is approved, the developer can come back in with 12
or 13 units. She would prefer 5,000. The zoning is RS-iO,O00.
There are all older larger lots on North Street. Any beginning
to approve RS-3,000 will open up future sales to RM-3,000. It
is a single-family, low density zoned area. The only multiple
units were those constructed over their opposition in the last
30 years. Five thousand should be the absolute minimum and she
does not even want that.
Agnes Erickson, 301 East North Street.
She has been to the Planning Commission hearings. North Street
is all single-family homes. She does not care what is behind
it. They should not mix something in that does not fit with the
neighborhood. The project should be compatible with the
neighborhood.
Councilman Pickler stated he would like to reconsider the matter
and go back to a continuance in order to hear the
reclassification and variance together.
A1 Marshall, Newport Pacific.
They are not requesting 3,000 square-foot lots. They are closer
tO 5,000 square feet. In order to work within the zoning to
construct 8 units, they need to request the RH-3,000
designation. It does not mean they are going to have 3,000
square-foot lots. Lot sizes will be considerably larger. The
plans are in the City. They submitted the plans with the
intention of having the opportunity to present 8 units. The
situation is confusing for everyone. The real issue on the
reclassification from RSA-iO,000 to RM-3,000 is that there are
other buildings on North street within a block of the subject
property that are not single-family homes. He then emphasized
for clarification that they are not going.to have 3,000
square-foot lots. They will be considerably larger,
single-family style with yards around them, grass, landscaping
and driveways. When the residents see the plans, it will help
861
City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989, 1;30 P,M,
allay their fears. As to the reclassification issue, today it
will be helpful to have the reclassification so they can begin
working on conditions of approVal. If a continuance is
appropriate, he does not want to disrupt the process since their
plans are in-house. He does not want to have to go back to the
Planning Commission all over again.
Councilman Pickler.
He concurs with Mr. Ltekhus that the project be heard all at
once and is going to ask for a 4-week continuance.
Councilman Ehrle.
He will go along with a continuance. The dilemma is when there
is in-fill in established neighborhoods and large parcels such
as the subject property. The philosophy has been to go to pride
of ownership, more single-family homes, whether 5 or 8 or 10.
The project started out as 32 apartment units, then 14, 10 and
now 8 homes of 1,700 to 2,200 square feet. At today's
construction costs of $1.00 a square-foot, it would be a
$225,000 home. Because of that, he does not think they are
going to have neighbors who will not take pride in that home.
He strongly supports single-family ownership in that area and
recognizes the fact that this or'any developer would have to
build a quality project if they expect to sell it for the price
it is going to require.
Mr. Marshall stated that the units will be priced in the high
$200,000's and low $300,000's.
Councilman Pickler moved to continue the public hearing for 4 weeks to
September 19, 1989. Councilwoman Kaywood seconded the motion.
Before further action was taken, Councilwoman Kaywood stated she
is going to fight very hard for any 10,000 square-foot lots that
remain in the City with beautiful homes on them in a stable
neighborhood. If someone comes in in the middle and tries to
chop a piece out with apartments, she will be against it.
City Attorney White asked for clarification if the action is to
submit the new plan to the Planning Gommisston.
Councilman Pickler answered no. The revised plans are to be
submitted to the Planning Department, not the Commission, and
then the project is to come back to the Gounctl.
Councilwoman Kaywood.
Mr. Marshall mentioned the lots are large, many are close to
5,000 square feet and he would possibly be seeking 5,000 with a
variance rather than 3,000. She feels that is another
possibility. She is very concerned that a developer could go
down the street with huge offers being made to people with large
lots and it will be the end of another fine neighborhood.
862
City Hall, Anaheim, California - COUNCIL MINUTES - August 22, %989, 1;30 P,M,
A vote was then taken on the motion to continue the hearing for 4 weeks to
Tuesday, September 19, 1989 at 6:00 p.m. MOTION CARRIED.
179; PUBLIC HEARING - PUBLIC STREET FACILITIES PLAN FOR SANTA ANA CANYON ROAD
AREA OF BENEFIT AND NEGATIVE DECLARATION: To consider adoption of a Public
Street Facilities Plan, including approval of the boundaries of the proposed
area of benefit and development fees, for the proposed area of benefit
composed of the undeveloped and substantially undeveloped property located
east of Imperial Highway, south of Esperanza Road, south and southwest of Weir
Canyon Road, and west and north of the southern City limits of Anaheim. Ail
parcels of property within the above boundaries which have been developed or
substantially developed with residential structures shall be excluded from the
area of benefit and shall be exempt from any assessments or development fees
imposed by the Plan.
The facilities planned for the area of benefit include the widening of Santa
Ana Canyon Road from Imperial Highway to Roosevelt Road (just west of Weir
Canyon Road) to six lanes and restriping and additional signage at the Weir
Canyon eastbound offramp of the Riverside (91) Freeway. The estimated cost of
these facilities is $8,487,219. The proposed method of fee apportionment is
based upon the source of the number of vehicle trips using the facilities
calculated on a dwelling unit basis for residential uses and a square footage
of building basis for commercial, industrial and institutional uses.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 10, 1989.
Posting of property August 10, 1989.
Mailing to property owners within 300 feet - August 10, 1989.
Submitted was report dated July 24, 1989 from Gary Johnson, Director of Public
Works and City Engineer, recommending, upon consideration of the public
testimony received, that the Council determine that an area of benefit be
established and if established that a resolution be adopted describing the
boundaries of the area of benefit and that all other related uses be
approved. A copy of the plan was attached to the report.
Mayor Hunter asked if anyone wished to speak either in favor or in opposition
to the proposed plan; there being no response he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Pickler, seconded by Councilman Hunter, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by ~he City Clerk. (Resolution No. 89R-371)
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City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989, 1;30 P,M,
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-371 for adoption, approving
Public Streets Facilities Plan for Santa Aha Canyon area of benefit, as
recommended in memorandum dated July 24, 1989 from the Director of Public
Works/City Engineer. Refer to Resolution Book.
RESOLUTION NO. 89R-371; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING A PUBLIC STREET FACILITIES PLAN FOR THE SANTA ANA CANYON
ROAD AREA OF BENEFIT.
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-371 duly passed and adopted.
179; PUBLIC HEARING - VARIANCE NO, 3971. CATEGORICALLY EXEMPT, CLASS 3:
APPLICANT: OWNER:
James Arkyns and Sheree Arkyns
331 S. Ohio Street,
Anaheim, California 92805
LOCATION/REQUEST: The property is located at 331 South Ohio Street. Waiver
of minimum number and type of parking spaces to construct a 1,110 square-foot,
second floor addition to an existing single-family residence.
PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR: Variance No. 3971 was
approved by the Zoning Administrator, under Resolution No. ZA89-51.
Determined to be categorically exempt.
HEARING SET ON:
A review of the Zoning Administrator's decision was requested by Councilwoman
Kaywood and Councilman Pickler at the meeting of August 1, 1989, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 10, 1989.
Posting of property August 8, 1989.
Mailing to property owners within 300 feet - August 11, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated July 13, 1989.
COUNCIL CONCERNS:
Councilwoman Kaywood.
She is concerned with the amount of space available for parking
and with the very large size of the addition that there would be
864
City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989, 1;30 P,M.
a need for more vehicle space and she does not see where that
would be. The report says four spaces proposed, one in the
garage and three in a 10-foot driveway, and somewhere else it
says there is space for five vehicles.
James Arkyns, 331 South Ohio Street, owner.
The Traffic Department waived all that and said three spaces
would be sufficient. They have a garage and long driveway.
can put three cars in there now.
He
Paul Singer, Traffic Engineer.
There are essentially four parking spaces available for a
single-family residence.
Mr. Arkyns then explained there are three bedrooms and a net
gain of one. They are losing the master bedroom and their son's
bedroom. The master bedroom will become a family room and their
son's bedroom will become the stairwell.
Councilwoman Kaywood.
She noted that there was a lot of street parking when she went
by the property. She was concerned if this was going to impact
it further. She asked if there was enough space in the driveway
for someone to maneuver out or if everyone had to move their car.
James Arkyns.
He agreed there is a lot of street parking. Relative to the
driveway, everyone in the back has to move out but it is typical
of everybody on the block. He also pointed out that at present
there are now two adults and a child living there and with a
second story there are still going to be two adults and a child.
Sheree Arkyns.
With their current existing residence, the same thing could
happen. They provide more parking spaces than many of the
neighbors including a garage. Some of the neighbors do not have
a garage or driveway. There are seven homes to the south of
them that do not provide the number of spaces they provide.
PUBLIG DISGUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
F+NVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION; On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council ratified the
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City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989. 1:30 P.M,
determination of the City Engineer that the proposed activity falls within the
definition of Section 3.01 Class 3, of the City of Anaheim guidelines to the
requirements for an Environmental Impact Report and is, therefore,
categorically exempt from the requirement to file an EIR. MOTION CARRIED.
WAIVER OF READING RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-372)
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-372 for adoption, granting
Variance No. 3971, upholding the decision of the Zoning Administrator.
to Resolution. Book.
Refer
RESOLUTION NO, 89R-372; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3971.
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-372 duly passed and adopted.
105; APPOINTMENT TO THE SENIOR CITIZEN COMMISSION; Councilwoman Kaywood
nominated Caroline Ktncanon as appointee to the 'Senior Citizen Commission.
There being no further nominations, Councilman Hunter moved to close
nominations. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Caroline Kincanon was thereupon unanimously appointed to the Senior Citizen
Commission for the term ending June 30, 1992.
%48/114; DESIGNATING VOTING REPRESENTATIVE - LEAGUE OF CITIES ANNUAL
CONFERENCE; Councilman Hunter moved that Councilman Irv Pickler be designated
as the voting representative at the Business Session of the League of
California Cities 1989 Annual Conference to be held October 22-25, 1989 in
San Francisco, Ca. Councilman Daly seconded the motion. MOTION CARRIED.
106; AMENDMENT TO THE 1989/90 RESOURCE ALLOCATION PLAN (BUDGET): Amending
the 1989/90 Resource Allocation Plan (RAP), increasing the total expenditure
appropriations by $4,030,500 and increasing revenue appropriations by
$350,000; providing direction concerning the remaining unfunded supplemental
budget packages.
Submitted was report dated August 15, 1989 from the City Manager, recommending
the subject amendment. Attached to the report were Exhibits I and II, the
first listing departmental supplemental packages for appropriations using
one-time funding and the second, departmental unfunded supplemental package
summary.
866
City Hall, Anaheim. California - COUNCIL MINUTES - August 22. 1989. 1:30 P.M,
The City Attorney is recommending that the Council delete the request from the
City Attorney's Office for outside legal services at this time and hold that
in abeyance until a later date (total amount is $450,000).
City Manager, Bob Simpson. There are two items before the Council. Several
items have been brought to the Council as supplemental packages. Those are
now broken down into two different categories. Those contained in the
$4 million figure are one-of-a-kind costs. There are one or two minor
exceptions. One is Council's wish to put back in a pothole crew for
$147,000. That has three positions attached. There are no on-going costs
included in Exhibit I. The second item is relative to unfunded supplemental
package items and would require a revenue stream of some kind or another. He
is asking for direction from the Council on those. The item that Mr. White
explained is the fact that that may change $450,000 of the one-of-a-kind
monies for another purpose. Staff is asking that the Council set that portion
aside. The total sum the Council will be acting on if they go along with the
staff recommendations is $3,580,500 as opposed to the $4,030,500 listed on the
agenda and in. the staff report.
MOTION: Councilman Pickler moved to amend the 1989/90 Resource Allocation
Plan, increasing total expenditure appropriations by $3,580,500 (instead of
$4,030,500) and increasing revenue appropriations by $350,000. Councilman
Ehrle seconded the motion. MOTION CARRIED.
Mayor Hunter. Relative to the remaining unfunded supplemental budget
packages, he is not ready to act on those today.
City Manager Simpson. What he would recommend in light of what is required
for those supplemental packages, and to support to the extent possible the
Vision 2000 Program, that Council at a time convenient to them, give staff two
hours in a budget workshop to explore the situation in its entirety and to let
the Council know exactly where the City is from a financial standpoint.
MOTION; Councilman Pickler moved that a budget workshop be scheduled to
discuss the unfunded supplemental budget packages. Councilman Ehrle seconded
the motion. MOTION CARRIED.
Councilwoman Kaywood asked for affirmation that the Council in their first
motion approved the expenditure of funds for street and alley maintenance and
the additional pothole crew; City Manager Simpson confirmed that was correct.
The Council approved Exhibit I with the exception of $450,000 for outside
legal fees.
123; REMOVAL OF GRAFFITI - AGREEMENT WITH GRAFFITI REMOVAL. INC.: Submitted
was report dated August 14, 1989 from the Planning Department - Code
Enforcement Services, recommending approval of an agreement with Graffiti
Removal, Inc.
MOTION; Councilwoman Kaywood moved to approve the terms and conditions of an
agreement with Graffiti Removal, Inc., authorizing the Mayor and City Clerk to
execute said agreement on behalf of the City. Councilman Pickler seconded the
motion. MOTION CARRIED.
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City Hall, Anaheim, California COUNCIL MINUTES August 22, 1989, 1;30 P,M,
Councilwoman Kaywood. The large amount of money to be allocated (total
allocation, $160,000) should not have to be spent. Whoever is responsible for
the graffiti, forcing the City to spend large sums is wasting taxpayers
money. It is discouraging to have to spend money on something that should be
totally unnecessary.
John Poole, Code Enforcement Manager. One of the things that irritates many
citizens is graffiti - it is the first thing one sees and it gives a negative
impression. Staff has put together a program which will come to the Council
on September 12, 1989 where they are going to recognize some of the volunteer
organizations that have painted out graffiti and have donated paint. It has
taken a community effort. The community is aware of this program. They have
had people turning in individuals to the Graffiti Hotltne and they are going
to be paying out rewards soon. They are also doing an additional program in
the schools with the cooperation of the School District, Apprehension program
with the Police Department and the Board of Realtors have been very
supportive. The community is involved and wants to eradicate the problem.
134/179; ITEMS Bi - B7 FROM THE PLANNING COMMISSION MEETING OF Jiffy 31, ~989
- INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 22. 1989:
Bi, GENERAL PLAN AMENDMENT NO, 258. RECLASSIFICATION NO. 88-89-60. VARIANCE
NO, 3959 REQUEST FOR WITHDRAWAL. WAIVER OF COUNCIL POLICY NO. 54~ MITIGATED
NEGATIVE DECLARATION:
OWNERS: ALIREZA JALALIPOURAND ABOLFAZL JALALIPOUR-MAKOI, 5753
Maxson Drive, Cypress, GA 90630
LOCATION; 3700-3750 West Savanna Street
For a change in zone from RS-A-43,000 to RM-1200 or a less intense
zone
Petitioner requests amendment to the Land Use Element of the General
Plan to designate subject property for Medium Density Residential
land uses (subject property has been recently annexed from the City
of Buena Park) and waiver of Council Policy No. 542 (pertaining to
sound attenuation) to construct a 2-story, 8-unit addition to an
existing 12-unit apartment complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
GPA NO. 258 APPROVED Exhibit B
Reclassification No. 88-89-60 GRANTED for RM-2400 (PC89-194) City
Council review of Reclassification No. 88-89-60 requested by the
Planning Commission.
Variance No. 3959 Withdrawn.
Waiver of Council Policy No. 542 APPROVED.
(PC89-193, PC189-194, 5 yes, 1 absent, 1 vacancy).
Approved Mitigated Negative Declaration.
~2, GENERAL PLAN AMENDMENT NO, 261, RECLASSIFICATION NO. 89-90-01. VARIANCE
NQ, 3974 AND NEGATIVE DECLARATION:
OWNER: BEN KISHIYAMA, JIM I. KISHIYAMA AND HARE KISHIYAMA, 4400
MacArthur Blvd., 9th Floor, Newport Beach, CA 92660
AGENT: MAGDY HANNA, 4400 MacArthur Blvd., 9th Floor, Newport Beach,
CA 92660
868
City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989, 1;30 P,M,
LOCATION: 828 South Western Avenue
For a change in zone from RS-A-43,000 to RM-1200 or a less intense
zone.
Petitioner requests an amendment to the General Plan to redestgnate
subject property form the existing designation of Low Density
Residential to Medium Density Residential, (alternatives of a less
intense nature may also be considered) to construct a 2 and 3-story,
33-unit apartment complex with waivers of (a) maximum structural
height, (b) maximum lot coverage and (c) required elevators.
WITHDRAWN BY THE APPLICANT.
B3,
CONDITIONAL USE PERMIT NO, 3182 AND NEGATIVE DECLARATION:
OWNER: NORTHWEST HOTEL CORPORATION, JAMES P. EDMONDSON, 1380 S.
Harbor Blvd., Anaheim, CA 92802
AGENT: TONY CIMBER/WINNING PRODUCTIVE, 1580 Valecroft Avenue,
Wes,lake Village, CA 91361
LOCATION: 1414 S, Harbor Boulevard
To convert a motion picture theatre to a live performance theatre.
ACTION TAKEN BY THE PLANNING COMMISSION'
CUP NO. 3182 GRANTED subject to correction of Condition No. 3,
sidewalks should be installed along Manchester rather than Harbor.
(PC89-195, 5 yes, 1 absent, 1 vacancy)
Approved Negative Declaration.
B4~
CONDITIONAL USE PERMIT NO. 3183 AND NEGATIVE DECLARATION:
OWNER: RAYMOND ASSOCIATES, 811 W. 7th Street, Suite 310, Los
Angeles, CA 90017
AGENT: BOWER PEREZ ASSOCIATES, 811 W. 7th Street, Suite 310, Los
Angeles, CA 90017
LOCATION; 1525 North Raymond Avenue
To permit industrially related sales business and office uses in the
ML zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3183 GRANTED modified list of proposed uses and required
driveway~ to be redesigned as approved by City Traffic £ngineer, and
deleted Condition No. 3.
(PC89-186, 5 yes, 1 absent, 1 vacancy)
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.
B5, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3181 AND NEGATIVE
DECLARATION:
OWNER: INTERCEM CORPORATION, PHILIP L. PARADISOT AND ERIC BONANNI,
1380 Knollwood Circle, Anaheim, CA 92801
AGENT: PATRICIA COLEMAN, 20102 State Road, Cerrttos, CA 90701
869
City Hall, Anaheim, California - COUNCIL MINUTES - August 22, 1989, 1;30 P,M,
LOCATION; 1380 Knollwood Circle
To permit the expansion of an existing soap manufacturing business
including the storage of petroleum products with waiver of minimum
number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3181 GRANTED with gate to remain open during business hours.
Waiver of code requirement GRANTED.
(PC89-197., 5 yes, 1 absent, 1 vacancy)
Approved Negative Declaration.
B6,
SPECIMEN TREE REMOVAL PERMIT NO. 89-07 AND MITIGATED NEGATIVE DECLARATION:
OWNER: ROYAL PACIFIC LIMITED I, 4400 MacArthur Blvd., Suite 790,
Newport Beach, CA 92660
AGENT: ANACAL ENGINEERING CO., 1900 E. La Palma Avenue, Suite 202,
Anaheim, CA 92803
LOCATION; Southwest corner of Eucalyptus Drive and Silver Dollar Lane
To remove 12 specimen trees.
ACTION TAKEN BY THE PLANNING COMMISSION:
Specimen Tree Removal Permit No. 89-07 APPROVED, subject to trees
along fence next to neighbor's barn being replaced on a 2:1 ratio,
15-gallon or larger in size, and one tree adjacent to barn being
larger than 15-gallon.
(5 yes, 1 absent, 1 vacancy)
Approved Mitigated Negative Declaration.
REPORT AND RECOMMENDATION:
BT, RECLASSIFICATION NO, 87-88-09 - AMEND CONDITIONS OF APPROVAL PERTAINING
TO THE DEDICATION OF LAND:
REQUESTED BY: Nanu C. Patel
Petitioner requests amendment to the conditions of approval
pertaining to property dedication.
ACTION TAKEN BY THE pLANNING COMMISSION:
City Planning Commission recommended that the City Council amend
conditions of approval for Reclassification No. 87-88-09.
MOTION: Councilman Daly moved to schedule a public hearing on the request for
amendments of conditions of the subject reclassification. Councilman Pickler
seconded the motion. MOTION CARRIED.
107/114; DISCUSSION - PROACTIVE CODE ENFORCEMENT; Requested by Mayor Pro Tem
Kaywood at the meeting of August 15, 1989. Submitted was memorandum dated
August 18, 1989 from the Planning Director, Joel Fick, on the City's present
Code Enforcement policy.
Councilwoman Kaywood. Some of the things she asked for are already being
done. She does not feel it is necessary to take any further action at this
time. Her concern was that Code Enforcement Officers be able to act on a
870
City Hall, Anaheim, California COUNCIL MINUTES - August 22, 1989, 1;30 P.M, __
proactive basis if they saw violations when in the field and be able to cite
those additional violations without having to wait for a complaint call.
John Poole, Code Enforcement Manager. Relative to costs, currently about 25%
of the Code Enforcement budget is offset with Community Development Block
Grant Funds. Another $100,000 or so is recovered through fines and fees.
They do not recover all the costs directly to the program but are looking at
different ways as they go along. Years ago they recovered very little and in
the past couple of years have been able to increase that.
The Council took no further action on the subject at this time.
ITEMS OF PUBLIC INTEREST:
Patrick Pepper, 269 South Hillcrest, Anaheim, Anaheim Hills Citizen
Coalition. He is present to address the issue of public trust - trust in City
government and the City Council. Last Tuesday, August 15, 1989, three Council
Members voted in favor to remove a condition placed on the Peralta Hills East
Development, a condition which was placed on the development a year ago by the
Council to protect neighboring property owner's rights as a condition of the
variance. Over a year later the Council has now voted to remove that
condition. He has sat in the Chamber and watched the Council approve
conditions on various developments throughout the City as a result of concerns
expressed by the neighborhood. Now it appears that the public cannot trust
the Council to uphold their decisions. The Council's conscious decision last
week to disregard the trust placed in the Council by the citizens of Anaheim
is of grave concern to all residents of Anaheim.
RECESS TO CLOSED SESSION; Councilman Hunter moved to recess into Closed
Session to consider the balance of the items under the Closed Session agenda.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (5:21 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present. (6:29 p.m.)
ADJOURNMENT; Councilman Hunter moved to adjourn.
seconded the motion. MOTION CARRIED. (6:30 p.m.)
LEONORAN. SOHL, CITY CLERK
Councilwoman Kaywood
871