1989/09/12City Hall, Anaheim, California - COUNCIL MINUTES - September 12, 1989, 5:30 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
CITY CLERK: Leonora N. Sohl
ZONING ADMINISTRATOR: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
PLANNING DIVISION MANAGER: Mary McCloskey
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:25 p.m. on September 12, 1989 at the Civic Center kiosk,
containing all items as shown herein.
Mayor Hunter called the meeting to order at 4:00 p.m.
REQUEST FOR CLOSED SESSION; City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit: Golden West Baseball
Co. vs. City of Anaheim, Orange County Superior Court Case
No. 40-92-46.
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,
California.
f. To consider such other matters as are orally announced by the
City Attorney, City Manager or Gtty 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.
(5:52 p.m.)
INVOCATION; Reverend Louis Rohrs, Trinity United Methodist Church, gave the
invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 12, 1989, 5:30 P.M.
119: PRESENTATION - SPECIAL CERTIFICATE OF RECOGNITION TO CITY TREASURER.
MARY TURNER; Mayor Fred Hunter and Council Members presented a Special
Certificate of Recognition to City Treasurer, Mary Turner, recognizing her
prestigious appointment to the State of California Local Agency Investment
Advisory Board on September 10, 1989. Mrs. Turner was congratulated and
commended for the fine work she performs for the City of Anaheim.
119: PROCLAMATIONS; The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Education Day in Anaheim, September 20, 1989,
POW-MIA Recognition Day in Anaheim, September 15, 1989,
Housekeeping Week in Anaheim,
119; PROCLAMATION AND DECLARATION OF THANKS; The following proclamation was
issued by Mayor Hunter and authorized by the City Council:
Wipe Out Graffiti Month in Anaheim, September, 1989.
Mrs. Eleanor Bay accepted the proclamation. Declarations of Thanks were
unanimously adopted by the City Council and presented to the following
organizations for their contributions to the City's "Keep Anaheim Graffiti
Free" program: KDOC-TV, Jertlyn Donovan and Beth Bingham accepting; Dunn
Edwards Paints Corporation, Larry Vanerwal accepting; Anaheim Beautiful,
Eleanor Bay accepting; Anaheim Disposal, Bill Taormina accepting; Set Free
Christian Church (no representative present).
Mr. John Poole, Anaheim's Code Enforcement Manager, then briefed some of the
new programs that have been instituted and others that will be instituted, all
aimed at the ultimate goal of Wiping Out Graffiti in Anaheim. Hats were also
presented to the Council representative of the effort.
119; PROCLAMATION - HISPANIC POLICE OFFICER OF THE YEAR - 1988/89 FOR THE
CITY OF ANAHEIM; The City Council ratified the subject proclamation which was
previously presented to Officer Joe Vargas by Mayor Hunter at a ceremony
honoring officers of Hispanic decent from a vote of their peers for
outstanding performance of their duties.
MINUTES; Councilwoman Kaywood moved to approve the minutes of the regular
meetings held August 5 and August 15, 1989. Councilman Ehrle seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITy in the amount of $3,716,854.41 for the week
ending August 25, 1989 and $2,322,104.42 for the week ending September 1,
1989, and $4,212,229.77 for the week ending September 8, 1989, in accordance
with the 1989-90 Budget, were approved°
WAIVER OF READING - RESOLUTION/ORDINANCES; The titles of the following
resolutions and ordinances on the Consent Calendar were read by the City
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City Hall, Anaheim, California COUNCIL MINUTES September 12, 1989, 5;30 P.M.
Manager. (Resolution Nos. 89R-373 through 89R-378, both inclusive for
adoption; and Ordinance No. 5061 for adoption)
Councilman Pickler moved to waive the reading in full of the resolutions and
ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
CITY MANAGER/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-373 through 89R-378, both inclusive for adoption;
and Ordinance No. 5061 for adoption. Refer to Resolution/Ordinance 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 James Schumann for bodily injury sustained
purportedly due to actions of the City on or about March 27, 1989.
b. Claim submitted by Deborah L. Scott, Aaron J. and Nicholas L. Scott,
minors through David A. Scott, guardian ad lttem, for bodily injury sustained
purportedly due to actions of the City on or about February 3, 1989.
c. Claim submitted by Louise Sommer for property damage sustained
purportedly due to actions of the City on or about April 30, 1989.
d. Claim submitted by David J. Catalano for property damage sustained
purportedly due to actions of the City on or about April 8, 1989.
e. Claim submitted by Brianna M. Parry for property damage sustained
purportedly due to actions of the City on or about July 13, 1989.
f. Claim submitted by Jerry Williams for property damage sustained
purportedly due to actions of the City on or about May 5, 1989.
g. Claim submitted by Norma D. Satchell Adams for property damage
sustained purportedly due to actions of the City on or about March 7 and 8,
1989.
h. Claim submitted by George McCue for bodily injury sustained
purportedly due to actions of the City on or about May 21, 1989.
i. Claim submitted by Diane L. Bergman for property damage sustained
purportedly due to actions of the City on or about February 6, 1989.
J. Claim submitted by Nicholas Titor for property damage sustained
purportedly due to actions of the City on or about July 22, 1989.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 12, 1989, 5;30
k. Claim submitted by Rosemarie Conroy for bodily injury sustained
purportedly due to actions of the City on or about February 1, 1989.
1. Claim submitted by Lois Collard for property damage sustained
purportedly due to actions of the City on or about July 28, 1989.
m. Claim submitted by Dynamx, Inc. for property damage sustained
purportedly due to actions of the City on or about June 24, 1989.
n. Claim submitted by Gary Wirfs for property damage sustained
purportedly due to actions of the City on or about July 11, 1989.
A2. 105: Receiving and filing minutes of the Golf Course Advisory Commission
meeting held June 22, 1989.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held June 28, 1989.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held July 26, 1989.
105: Receiving and filing minutes of the Public Utilities Board meeting held
July 20, 1989.
105: Receiving and filing minutes of the Public Utilities Board meeting held
August 3, 1989.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held August 2, 1989.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held August 9, 1989.
173: Receiving and filing a Notice of Application in the matter of David
Regwan dba All American Shuttle for a certificate of public convenience and
necessity to operate a passenger stage corporation between points in Los
Angeles County and points in certain portions of Ventura and Orange counties
on the one hand, and Los Angeles International Airport, Burbank Airport, John
Wayne-Orange County Airport, Ontario Airport, Amtrak Union Station and Los
Angeles and Long Beach Harbors, on the other hand.
171/178: Receiving and filing Resolution 8233 adopted by the Board of
Directors of the Metropolitan Water District of Southern California, levying a
tax for the fiscal year 1989-90 (commencing July 1, 1989 and ending June 30,
1990).
A3. 175: Approving the Notice of Completion of the construction of
20" Convention Way Water Main - Phase II, by Mtki Construction, Inc., and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
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City Hall, Anaheim, California - COUNCIL MINUTES September 12, 1989, 5;30 P.M.
A4. 175: Approving the Notice of Completion of the construction of Large
Valve Replacement Phase III by Valverde Construction, Inc., and authorizing
the Mayor to sign and the City Clerk to file said Notice of Completion.
A5. 109/167: RESOLUTION NO. 89R-373: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE SUBMITTAL OF A FUEL EFFICIENT TRAFFIC
SIGNAL MANAGEMENT PROGRAM. (For funds to reduce fuel consumption through
modification of the traffic signal systems.)
A6. 123: Approving a First Amendment to Agreement with Wtlldan Associates,
concerning the Euclid Street Street, Storm Drain, Sewer and Water Improvement
Project.
A7. 158~ RESOLUTION NO, 89R-374: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES
HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting those certain
irrevocable offers of dedication for Tract No. 9601, consisting of an easement
for storm drain purposes; easement for public utility purposes; domestic water
system and appurtenances; sanitary sewer system and appurtenances; street
lighting and appurtenances; storm drain system and appurtenances and
Hummingbird Circle for street purposes.)
AS. 123: Approving an agreement with Woodcrest Development, Inc., for
payment (to the City) of Revenue Shortfall Fees in the sum of $111,900 on or
before June 29, 1990, to satisfy Condition No. 12 of Specific Plan 88-1
Sycamore Canyon.
Ag, 149/142; ORDINANCE NO, 5061 ADOPTION; 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.)
Al0. 160: Accepting the low bid of Consolidated Electrical Distributors, in
the amount of $31,058 for 20,000 feet of Aerial Communication Cable, in
accordance with bid #4730.
All. 160: Accepting the low bid of Pacific Envelope Company, in the amount of
$20,180.28 for utility bill envelopes, in accordance with bid #4729.
Al2. 160: Accepting the bid of Los Angeles Fretghtltner GMC, Inc., in the
amount of $118,432.74 for one 4500 gallon fuel tank truck in accordance with
bid #4721.
Al3. 160: Accepting the bid of Buena Park Wholesale Electric, in an amount
not to exceed $113,526 for 25,000 feet of 15 KV U.R.D. Cable, in accordance
with bid #4725.
Al4. 160: Accepting the bid of Kuhlman Electric Company, in the amount of
$25,020.24 for 26 single phase, overhead type transformers, in accordance with
bid #4719.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 12, 1989, 5;30 P.M.
Al5. 160: Accepting the bid of Siemens Energy & Automation c/o Matzinger and
Keegan Company, in the amount of $54,904 (including tax and seismic analysis)
for one 230 KV, 3000 amp disconnecting switch with grounding switch
attachment, and one 230 KV, 3000 amp disconnecting switch without grounding
switch attachment, in accordance with bid #4708.
160: Accepting the bid of Southern States Company c/o Connectric Company, in
the amount of $39,681.10 for two 69 KV, 2000 amp horizontal mounted
disconnecting switch without grounding switch, and one 69 KV, 2000 amp
vertical mounted disconnecting switch with grounding switch attached, and one
69 KV, 2000 amp vertical mounted disconnecting switch without grounding switch
attachment, in accordance with bid #4708.
Al6. 160: Accepting the low bid of, and approving an agreement with Pacific
Equipment and Irrigation, Inc., in an amount not to exceed $18,335.08 per
month (for a period of sixty months beginning October 1, 1989) for furnishing
rental turf equipment to two Golf Courses and the Stadium, in accordance with
Bid #4712.
Al7. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Advanced Control Systems, in the amount of $56,308
for upgrade equipment for the Public Utility Department's SCADA System.
Al8. 123: Waiving Council Policy 401, and approving an agreement with David
M. Grifftth and Associates, Ltd., in an amount not to exceed $5,000 for
consultation services for cost allocation plan and indirect cost proposal
assistance.
Al9. 101.123: Approving an agreement for financial advisory services (Sports
Arena Financing Project) with Seidler-Fitzgerald as financial advisor
regarding the sale of the certificates of participation for the purpose of
financing the project at a not-to-exceed fee of $17,500 plus reimbursement for
out-of-pocket costs, not-to-exceed $2,500.
City Attorney White answered questions posed by Councilman Pickler relating to
the proposed fees covered by the contract.
A20. 124.123: Approving an agreement with Seldler-Fitzgerald as financial
advisor regarding the sale of certificates of participation for the 1989
Parking Facilities Refinancing Project at a not-to-exceed fee of $25,000, plus
reimbursement for out-of-pocket costs, not-to-exceed $5,000.
City Attorney Whtte answered questions posed by Councilman Pickler relating to
the proposed fees covered by the contract.
A21. 144/150: Accepting funds in the amount of $100,000 from the County of
Orange Urban Parks Program, and appropriating those funds to La Palma Park
(16-827) and Oak Canyon Nature Center (16-810) in the amount of $50,000 for
each program.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 12, 1989, 5;30 P.M.
A22. 150/145: Reaffirming the City's support of the development of a regional
meeting center at Yorba Regional Park and instructing the Mayor to sign and
submit a letter to Supervisor Roth requesting his support and the Board of
Supervisors' support of this project.
A23. 123: Approving a Third Amendment to Agreement with Schema Systems, Inc.,
to extend the existing agreement for one additional year (to expire June 30,
1990) for consulting services in connection with the Police Automated Systems
Development at a cost not to exceed $70,000.
A24. 156: Approving the lease/purchase of a Mc Donnell/Douglas 500E
helicopter at a cost of $653,330 to replace the 1975 Hughes 500C currently in
use by the Police Department.
152: Authorizing the Finance Director to obtain proposals from several
financial institutions on a lease/purchase of a Mc Donnell/Douglas 500E
helicopter.
A25, 153; RESOLUTION NO, 89R-375; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-287 WMICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (To create the classifications of
Service Shift Supervisor and Service Lead Worker, effective August 18, 1989.)
153: RESOLUTION NO, 89R-376: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 87R-287 WMICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES ASSIGNED TO THE GENERALUNIT REPRESENTED BY THE
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (To delete the classifications of
Lead Cleaner Set-Up Worker II and Lead Cleaner Set-Up Worker I, effective
August 18, 1989.)
A26. 112/153: Approving one new position in the City Attorney's Department
entitled "Assistant City Attorney-Redevelopment", to perform legal services
for the Anaheim Redevelopment Agency and Anaheim Housing Authority.
153; RESOLUTION NO, 89R-377; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 89R-366 WHICH ESTABLISHED RATES OF
GOMPENSATION FOR GLASSIFIGATIONS DESIGNATED AS PROFESSIONAL. (To create the
position of Assistant City Attorney - Redevelopment, effective September 29,
1989.)
A27. 123: Approving an agreement with Law Offices of Jeffrey M. Epstein in
the amount of $105 per hour for attorney services, and authorizing the City
Attorney to sign said agreement on behalf of the City.
A28. 123: Approving an Enclosed Parking Facilities Management Agreement with
Century Parking, Inc., for parking operations within the five-story parking
structure at Anaheim Hilton & Towers at a fee of $1750 per month.
A29. 123: Approving the proposed release of covenant for Woodcrest
Development, Inc., relating to the Sycamore Canyon development (Specific Plan
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City Hall, Anaheim, California - COUNCIL MINUTES - September 1~, [989, 5;30 p,M, __
No. 88-01), and authorizing the Mayor and City Clerk to execute said release
on behalf of the City.
A30, 158; RESOLUTION NO, 89R-378; 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.
A31. This item was pulled from the Consent Calendar for further discussion.
(See end of Consent Calendar.)
Roll Call Vote on Resolution Nos. 89R-373 through 89R-378:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-373 through 89R-378, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance No. 5061:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Ordinance No. 5061 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
A31, 114/142; 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. The ordinance
was discussed and introduced at the meeting of August 22, 1989 (see minutes
that date).
Before action was taken on the ordinance, Councilwoman Kaywood asked for
clarification relative to the agreement the City has with the Celebrity
Theatre on use of the City parking structure on Tuesday evenings if all
Council meetings are held at night.
City Attorney White first explained the provisions of the agreement. He then
clarified that on Tuesday evenings technically after 7 p.m., the parking
structure belongs to the Theatre for its use. Up to now, management of the
Theatre has cooperated with the City in providing spaces to people who attend
City Council meetings. He has not had any contact with them relating to any
change in their policy or reaction to the change in Council's policy on
evening Council meetings. He does not know if in the future that same policy
will continue.
Councilman Pickler. He reiterated his concern that the proposed ordinance
discriminates against people who are unable to attend night meetings. He
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City Hall, Anaheim. California - COUNCIL MINUTES - September 1~, 1989, 5;30 P.M,
moved that the Council reconsider its motion of August 22, 1989 where the
majority of the Council voted to hold all night Council meetings.
Councilwoman Kaywood seconded the motion. Council Members Daly and Ehrle
voted no. MOTION CARRIED.
City Attorney White first answered procedural questions posed by Councilwoman
Kaywood relating to the start of night Council meetings.
Councilman Pickler. than reiterated his concerns regarding holding all night
Council meetings (see minutes of August 22, 1989), emphasizing that the
schedule of two day meetings and two night meetings a month had worked very
well and also that he has heard from no one requesting additional night
meetings. If the Council goes to all night meetings, he would like to review
the matter in six months to a year with the possibility of going back to both
day and night meetings. Now they provide access for all citizens with two day
and two night meetings but will all night meetings they will not be providing
access to everyone.
Councilwoman Kaywood. The Orange County Board of Supervisors holds meetings
two days a week at 10 a.m. and large cities also have daytime meetings. Those
cities who meet at night do not have regularly scheduled weekly meetings such
as Anaheim does.
Mayor Hunter. He called every city in Orange County and they all meet at
night.
Councilman Pickler. Although that may be true, most meet only twice a month
or once a month.
Mayor Hunter. He feels another important point is that with night meetings,
any person who has a regular daytime job will be able to run for a Council
seat, something that has not been made available for many years; Councilman
Pickler did not agree that day meetings were a deterrent as evidenced by the
fact that 20 to 25 people usually run for a Council seat.
Councilwoman Kaywood. She reiterated her concern over the implication if a
person has a few hours on Tuesday night to attend Council meetings then they
can run for office. She feels that is not true. To be a Council Member takes
a great deal of time.
ORDINANCE NO. 5062; 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.
WAIVER OF READING - ORDINANCES; The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5062)
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Ordinance No. 5062 for adoption.
Book.
880
Refer to Ordinance
City Hall, Anaheim. California - COUNCIL MINUTES - September 12. 1989. 5;30
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.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle and Hunter
Pickler and Kaywood
None
The Mayor declared Ordinance No. 5062 duly passed and adopted.
123/~29; ORANGE COUNTY-CITY HAZARDOUS MATERIAL EMERGENCY JOINT POWERS
AUTHORITY; Approving the Joint Exercise of Powers Agreement creating the
Orange County-City Hazardous Material Emergency Response Authority between
Anaheim, Newport Beach, Huntington Beach, Santa Aha, and the County of Orange,
and authorizing the Mayor to execute said agreement. Submitted was report
dated September 5, 1989 from Fire Chief Jeff Bowman, recommending approval of
the Joint Exercise of Powers Agreement which was attached to the report (made
a part of the record).
City Manager, Bob Simpson. He has asked the Fire Chief to make a presentation
on the subject. The matter has been going on since 1985 when the City faced
its first hazardous response and recovery. The City has been attempting to
bring this matter to a resolution since that time by forming a Joint Powers
Authority but up to this time have been unable to do so involving the entire
County. A reasonable resolution, has now been reached which Chief Bowman will
explain.
Fire Chief, Jeff Bowman. He briefed the discussion contained in his
September 5, 1989 report. (Chief Bowman's presentation was supplemented by
slides). The slides showed some of the things the Hazmat Team does. Chief
Bowman also briefed portions of the 40-page agreement which included
Exhibits A through D. Staff has been working for four years to form a Joint
Powers Authority to provide for a hazardous material emergency response
program. It is a good plan which is still getting some resistance. The
aforementioned cities and the County are willing to move forward at this
time. He then explained the fair share contribution concept which proposes an
equitable sharing of costs by all fire agencies in Orange County (also see
Exhibit A). Many agencies have indicated an unwillingness to subscribe to the
fair share concept. If a city/agency chooses not to do so, it is the feeling
of the provider agencies not to respond. However, if an emergency arises, they
will respond and then bill accordingly.
Chief Bowman concluded his presentation by outlining the benefits to be
derived as a Member of the Joint Powers Authority. He then answered questions
posed by Council Members relative to the proposed agreement.
MOTION; Councilman Pickler moved to approve the Joint Exercise of Powers
Agreement creating the Orange County-City Hazardous Material Emergency
Response Authority between Anaheim, Newport Beach, Huntington Beach, Santa
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City Hall, Anaheim, California COUNCIL MINUTES September 12, 1989, 5;30 P.M.
Ana, and the County of Orange, and authorizing the Mayor to execute said
agreement. Councilman Hunter seconded the motion. MOTION CARRIED.
144/162; ALTERNATE MEMBER - SENIOR CITIZENS ADVISORY COUNCIL; Councilwoman
Kaywood moved to approve the request from Herman Siegmund in letter dated
August 17, 1989 to be considered as an alternate member on the Senior
Citizen's Advisory Council - Area Agency on Aging, representing Anaheim in the
Fourth District appointee with the Orange County Division, League of
California Cities for the new term beginning January 1, 1990. Councilman Daly
seconded the motion. MOTION CARRIED.
Councilman Pickler. He noted that since the recommendation goes to the League
of Cities as clarified by Councilwoman Kaywood, that the appointment of Mr.
Siegmund as an alternate member in the Fourth District is not totally assured
by Council's vote tonight; however, he will work towards the appointment as
recommended.
105; REPRESENTATIVE TO PARKS AND RECREATION COMMISSION; Councilwoman Kaywood
moved to appoint Planning Commissioner Mary Bouas as representative to the
Parks and Recreation Commission, as nominated by Planning Commissioner
McBurney at the Planning Commission meeting of August 14, 1989. Councilman
Daly seconded the motion. MOTION CARRIED.
105: YOUTH COMMISSION - ACCEPTING RESIGNATIONS - DECLARING VACAN¢Ig$ AND
APPOINTING ALTERNATES; Memorandum dated August 24, 1989 was submitted by
Chris Jarvi, Director of Parks, Recreation & Community Services, recommending
that certain actions be taken relative to the Youth Commission.
MOTION; Councilwoman Kaywood moved to (1) accept the resignation of Youth
Commissioners Kurt Tiedtke and Thoy Yann, (2) declaring the seat of Jody De
Best vacant, and (3) moving alternates Daniel Flynn and Janet Jo to appointed
commissioners, leaving the positions of first, second and third alternate to
be appointed. Councilman Hunter seconded the motion. MOTION CARRIED.
Councilwoman Kaywood nominated Camelia Mazard and Sara Pai as alternates to
the Youth Commission.
Councilman Daly nominated Samar Malak Abboud as an alternate to the Youth
Commission.
There were no additional nominations.
The following were appointed as alternates to the Youth Commission:
1st Alternate: Samar Malak Abboud
2nd Alternate: Camelia Mazard
3rd Alternate: Sara Pai
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City Hall, Anaheim, California - COUNCIL MINUTES - September 12. 1989. 5:30
Councilwoman Kaywood also asked that there be another advertising for Youth
Commissioners and that a space be added on the application to indicate what
grade they are in.
105; APPOINTMENT TO THE COMMUNITY SERVICES BOARD FOR THE TERM ENDING JUNE 30,
1991; Councilman Ehrle. He would like to have the appointment continued
since there are many applications and he wants to have an opportunity to
review those.
Councilwoman Kaywood. She has reviewed the applications and is nominating
Trtni Melcher who she feels would be an excellent addition to the Community
Services Board. She then gave Mr. Melcher's background.
MOTION; Councilman Ehrle moved to continue the appointment to the Community
Services Board for the term ending June 30, 1991 for two weeks. Councilwoman
Kaywood voted no. MOTION CARRIED.
179; REQUEST FOR REHEARING VARIANCE NO, 3747 AND NEGATIVE DECLARATION -
MODIFICATION OF CONDITION; Request for Rehearing and Declaration of Merit
dated September 1, 1989 was submitted by Donald Piliero and Donald Van Hoff,
regarding the subject variance and modification of conditions.
At the City Council meeting of August 15, 1989/ the Council granted
modification of conditions deleting Condition No. 8 of Resolution No. 88R-108
(Variance No. 3747) which now allows Lots 33, 34, 35, 36 and 37 to be
developed under existing Code requirements relative to height limitations
instead of the 18-foot restriction imposed at the Council meeting of March 8,
1988 (see minutes of March 8, 1989 and August 15, 1989).
Councilman Hunter moved to grant the request for rehearing. Councilwoman
Kaywood seconded the motion.
Before a vote was taken, Councilman Pickler stated he feels they have
thoroughly discussed the issue and he does not see any reason for a rehearing.
A vote was then taken on the foregoing motion to grant the rehearing and
carried by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Kaywood and Hunter
Daly and Pickler
None
It was determined that the public hearing will be held on Tuesday, October 10,
1989 at 6:00 p.m.
Councilman Ehrle left the Council Chambers. (6:47 p.m.)
179; AMENDING RESOLUTION NO, 88R-397, NUNC PRO TUNC:
WAIVER OF READING RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-379)
883
City Hall, Anaheim, California - COUNCIL MINUTES - September 12. 1989, 5;30 P.M.
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-379 for adoption, amending
Resolution No. 88R-397, nunc pro tunc, thereby amending the legal description
of the property rezoned under Reclassification No. 88-89-11, from PD-C
(Parking District - Commercial) to PD-G/RM-2400 (Parking District -
Commercial/Residential Multiple Family.) Property is located at two different
sites east side of Anaheim Boulevard, one on Cypress Street and the other on
Wilhelmtna Street. Refer to Resolution Book.
RESOLUTION NO, 89R-379; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 88R-397, NUNC PRO TUNC.
Roll Call Vote:
AYES:
NOES:
TEMPORARILY ~BSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Pickler, Kaywood and Hunter
None
Ehrle
The Mayor declared Resolution No. 89R-379 duly passed and adopted.
Councilman Ehrle entered the Council Chamber. (6:49 p.m.)
179: ORDINANCE NOS, 5063 THROUGH 5065 - INTRODUCTION: Councilman Pickler
offered Ordinance Nos. 5063 through 5065, both inclusive, for introduction.
ORDINANCE NO. 5063; 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 properties under Reclassification No. 88-89-11
from the PD-C zone to the PD-C/RM-2400 zone. Property is located at two
different sites east side of Anaheim Boulevard, one on Cypress Street and the
other on Wilhelmina Street.)
ORDINANCE NO. 5064: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING, NUNC PRO
TUNC, VARIOUS SECTIONS AND CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING. (Amending, nunc pro tunc, various sections and chapters
of Title 18 of the Anaheim Municipal Code relating zoning, and specifically
relating to minimum depth of required front yard and required setbacks and
yards pertaining to garages.)
ORDINANCE NO. 5065: 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. 88-89-37,
located at 3700 and 3701 West Savanna Street, from the RM-iO zone (City of
Buena Park) to the RS-A-43,000 zone.)
ITEMS OF PUBLIC INTEREST:
Ron Bengoshea. A few weeks ago problems in the neighborhood of the Tamara
Lane/Nutwood Street area were addressed to the City Council. A request was
made for more police visibility in the area. The request was honored and
884
City Hall, Anaheim, California - COUNCIL MINUTES - Seotemb~r 12, %989, 5;30 P,M.
since the police have been visible things have quieted down in the area and
the neighbors are appreciative. They hope to see the police visibility remain
in order to preclude additional problems.
RECESS; By general consent the Council recessed for ten minutes. (6:52 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present. (7:09 p.m.)
134/179: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 258. RECLASSIFICATION
NO, 88-89-60, VARIANCE NO, 3959 - REQUEST FOR WITHDRAWAL WAIVER OF COUNCIL
POLICY NO, 542 MITIGATED NEGATIVE DECLARATION:
APPLICANT: OWNERS:
Alireza Jalalipour and Abolfazl Jalaltpour-Makot
5753 Maxson Drive,
Cypress, CA 90630
LOCATION/REQUeST: The property is located at 3700-3750 West Savanna Street,
for a change in zone from RS-A-43,000 to RM-1200 or a less intense zone. The
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: General Plan Amendment No. 258,
Approved Exhibit B; Reclassification No. 88-89-60 was granted for RM-2400
(PC89-194); City Council review of Reclassification No. 88-89-60 was requested
by the Planning Commission; Variance No. 3959 was withdrawn; Waiver of Council
Policy No. 542 was approved; (PC89-193, PC189-194, 5 yes, 1 absent, 1
vacancy); approved Mitigated Negative Declaration.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 31, 1989.
Posting of property August 30, 1989.
Mailing to property owners within 300 feet - September 1, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated July 31, 1989.
APPLICANT'S
STATEMENT:
Alireza Jalaltpour, 5753 Maxson Drive, Cypress, CA 90630.
There is an existing 8 units and they proposed 12 units for
RM-1200 but he believes the Planning Commission proposed RM-2400
He surmises that the 6 units were approved. It is an existing
8-unit project and it will be a 6-unit addition to the existing
8 which will make 14 units under RM-2400.
Anntka Santalahti, Zoning Administrator.
Although the original General Plan Amendment was for medium
density which would have allowed the 1200 zoning, the Commission
885
City Hall, Anaheim, California COUNCIL MINUTES - September 12, 1989, 5;30 P,M.
in dropping the zoning to RM-2400 also dropped the General Plan
to iow medium to this particular piece of property. It is on
the agenda solely because it is a General Plan Amendment which
the Council has to act on automatically. The property was in
the City of Buena Park and there was no General Plan on it
whatsoever. This is a technical matter.
Alireza Jalalipour.
He added that they are very proud to be annexed to the City of
Anaheim.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION; Mitigation
measures relating to the provision of adequate water capacity have been
identified in the Negative Declaration and are listed as conditions of
approval for the project.
On motion by Councilman Pickler, seconded by Councilman Hunter, the City
Council has reviewed the proposal and the initial study and finds no
significant adverse environmental impacts which cannot be mitigated to a level
of insignificance and further finds on the basis of the initial study that
there is no substantial evidence that the project will have a significant
effect on the environment. The project is therefore exempt from the
requirement to prepare an EIR. MOTION CARRIED.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 89R-380 and 89R-381)
Councilman Pickler moved to waive the reading in full of the resolutions.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-380 for adoption, approving
General Plan Amendment No. 258 for low medium density, and Resolution
No. 89R-381 for adoption, approving Reclassification No. 88-89-60 for
RM-2400. Refer to Resolution Book.
RESOLUTION NO. 89R-380: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL
PLAN DESIGNATED AS AMENDMENT NO. 258, EXHIBIT "B."
RESOLUTION NO, 89R-381; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
886
City Hall, Anaheim, California - COUNCIL MINUTES - September ~2, 1989, 5;30
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-380 and 89R-381 duly passed and adopted.
179/155; PUBLIC HEARING - CONDITIONAL USE PERMIT NO 3183 AND NEGATIVE
DECLARATION:
APPLICANT:
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/REQUEST: The property is located at 1525 North Raymond Avenue. The
request is to permit industrially related sales business and office uses in
the ML zone.
ACTION TAKEN By THE PLANNING COMMISSION: Conditional Use Permit No. 3183
granted modified list of proposed uses and required driveways to be redesigned
as approved by City Traffic Engineer, and deleted Condition No. 3; (PC89-186,
5 yes, 1 absent, 1 vacancy); approved Negative Declaration.
HEARING SET ON:
A letter of appeal was submitted by the owner, Raymond Associates, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 31, 1989.
Posting of property August 31, 1989.
Mailing to property owners within 300 feet - September 1, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated July 31, 1989.
APPLICANT'S
STATEMENT:
Don Bowers, Bowers Perez Associates, 811 W. 7th Street,
Suite 310, Los Angeles, CA 90017.
Their project is proposed on an 18.5 acre site on which they
will construct 300,000 square feet of buildings. The Exhibit
posted on the Chamber wall shows the general configuration of
the project. In July they applied for a conditional use permit
887
City Hall, Anaheim, California COUNCIL MINUTES September 12, 1989, 5;30 P,M.
for approximately 32,000 square feet for industrially related
sales businesses and office uses. They submitted a list of
sales uses and business uses which were presented to the
Planning Commission. The Commission approved the business uses
but did not approve the industrially related sales uses. Since
that time, they have paired down those uses to 15 which they
feel are appropriate and benefit the surrounding community
including the project.
They feel that the integration of related sales and services
into a project like theirs is good planning. They will provide
services to the people in the project as opposed to having them
drive some place else to obtain them. One of the Commissioners
suggested approving these related uses might take away from
merchants in downtown Anaheim. He does not agree. They are
requesting consideration of the application to obtain the uses
requested in a small portion of the project. (See Mr. Bower's
letter of August 18, 1989 attached to which was a site plan of
the proposed project and their revised list of 15 proposed
industrially related sales uses - made a part of the record).
Answering questions posed by Council Members, Mr. Bowers
reported that if approved, those uses would be slightly over 10%
of the entire project to be located in the "L" shaped building
(20,000 square feet) running parallel with Raymond and that the
"L" shaped portion of the project that fronts Orangefatr, 12,000
square feet, they would designate for office uses. He is not
sure it will be quite that clear cut. Basically they are asking
for an approval to allow that one building totaling 32,000
.square feet to have those types of uses.
COUNCIL CONCERNS:
Councilwoman Kaywood.
Looking at the list of requested uses, she has a problem with
barber shop and beauty shop also questioning how they could be
sustained by an existing industrial area. Those businesses
would bring in people from other than the industrial area and
create a traffic pattern they want to avoid. She read portions
of the staff report (page 4, Item 14 under Evaluation) which
contained wording that staff and Council had worked long and
hard on in order to preclude incompatible uses and the City's
industrial areas. The Council in their decisions have adhered
to that policy. Anything that serves the industrial area is a
plus but some of the uses proposed do not seem to fit the
industrial area.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
888
City Hall, Anaheim, California COUNCIL MINUTES - September 12, 1989, 5;30 P,M. __
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Councilwoman Kaywood.
She asked if at the Planning Commission some of the uses
proposed on the added list were denied because they would bring
in outside traffic to the industrial area.
Annika Santalahti, Zoning Administrator.
She answered yes. She believes it was also that the list is
relatively extensive. The corner two buildings, an "L" shaped
building and another one, approximately 20,000 square feet out
of a total of 40,000 would be retail type operation vs. office.
The Commission went with a list they have used before for office
type uses. The Commission did not discuss the specifics of that
full list. There might be some uses that are industrially
related, some are not, such as the fabric store. Staff was
hoping that the developer would comment on the 44 item list.
Councilwoman Kaywood.
They dropped that list and have now submitted a list of 15.
Originally the longer list submitted to the Planning Commission
was denied because the uses were in more of a retail vein. The
Planning Commission did not see the new list of 15 proposed uses.
Paul Singer, Traffic Engineer.
He has one concern. He heard the applicant mention that food
uses would be appropriate. However, such uses are not included
in the list. If there are food uses on-site, then rather than
~aiting until a parking waiver is required, the parking should
be adequate at the outset to serve the food uses since it is now
being constructed rather than having to come back for a parking
waiver which may or may not be granted.
Mr. Bowers confirmed that there will be no food uses, no food
uses are on the list, and they are not requesting any this
evening.
Councilman Pickler.
He feels the businesses listed by the developer such as dry
cleaners, florist, hardware, cellular phones, etc. are
businesses which are going to advertise. This is an industrial
area and uses will bring in more traffic. Other uses are
appropriate such as a print shop.
Mayor Hunter.
He disagrees. If the industrial park is built and the requested
uses are not included, those businesses will Just go to the
north on Lemon and into Fullerton and Anaheim will not get the
business or sales tax revenue. Everything moved north to
Fullerton as evidenced by recent developments. Anaheim needs to
move into the 21st Century.
889
City Hall, Anaheim, California - COUNCIL MINUTES September 12, 1989, 5;30 P.M.
Councilwoman Kaywood.
The industrial area is where jobs are created. A dry cleaners
makes sense as well as a print shop and office supplies but
relative to the other uses if Mr. Bowers has a specific use in
mind, she will listen. She does not agree with strictly retail
uses.
Councilman Ehrle.
He referred to the industrial developments in Fullerton noting
that on the front portions of those developments there are
retail sales. They are becoming very successful and Anaheim is
just watching.
Councilman Daly.
He understands the City's historic concerns in preserving
industrial lands. Understanding the industrial nature of the
area, he asked Mr. Bowers which uses of the 15 are a priority.
Mr. Bowers.
Going through the list, the uses are patterned after their
experience in Irvine and other projects which have been very
successful. They are reducing traffic rather than increasing
it. The uses that are priorities are: Dry cleaner, print shop,
including xeroxing and some other mixes of uses included in a
print shop, post office and mail service, finance company,
credit company, office supplies, barber and beauty salon, lock
and key and their Irvtne development has been very successful
with a travel agency. The uses would be confined to just one
building, Building 19. They would not anticipate the uses to
take place or be successful in a building that does not have a
lot of frontage.
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 si~nificant
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-382)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-382 for adoption, approving
Conditional Use Permit No. 3183, approving, besides the 21 uses listed by
Planning Staff the following from the additional list of 15 submitted: Dry
cleaner, print shop, finance company, credit company, office supplies and lock
and key. Refer to Resolution Book.
890
City Hall, Anaheim, California - COUNCIL MINUTES - september 12, 1989, 5;30 P.M.
RESOLUTION NO, 89R-382; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3183.
Before a vote was taken, Mr. Bowers stated they would be more
successful with the barber shop, beauty supply rather than lock
and key; Councilman Pickler added the barber shop/beauty supply
as well as lock and key. After further discussion the post
office and mail service was also added.
Mr. Bowers stipulated that such uses would be confined to
Building 19 only.
A vote was then taken on the foregoing resolution adding 7 additional uses to
the 21 uses which uses were clarified as follows: Dry cleaner, hair
salon/barber shop and supplies, lock and key, office supplies, post office and
mail service, print shop/xeroxing service and travel agent, with such uses
confined to Building 19 only as stipulated by the applicant.
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-382 duly passed and adopted.
179/155; PUBLIC HEARING - RECLASSIFICATION NO. 87-88-09 - AMEND CONDITIONS OF
APPROVAL PERTAINING TO THE DEDICATION OF LAND:
REQUESTED BY: Nanu C. Patel
LOCATION/REQUEST: The property is located at the northwest corner of
Orangewood Avenue and Harbor Boulevard (former Thriftimart parking lot). The
petitioner requests amendment to the conditions of approval pertaining to
property dedication, specifically that Condition No. 2 of Resolution No.
87R-480 be amended to read as follows: That the owner of subject property
shall irrevocably offer to dedicate to the City of Anaheim an additional strip
of land 12 feet in width along Harbor Boulevard for the entire length of the
property frontage as necessary for a right-hand turn lane and a tour bus stop.
ACTION TAKEN BY THE PLANNING COMMISSION: The City Planning Commission
recommended that the City Council amend conditions of approval for
Reclassification No. 87-88-09.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 31, 1989.
Posting of property August 31, 1989.
Mailing to property owners within 300 feet - September 1, 1989.
STAFF INPUT:
See Staff Report to the Planning Commission dated July 31, 1989.
891
City Hal%, Anaheim, California - COUNCIL MINUTES - September ~2, ~989, 5;30
APPLICANT'S
STATEMENT:
Paul Singer, Traffic Engineer.
What occurred in this case was originally the buildings were
located slightly differently than at present. Additional
dedication is necessary in order for fire equipment to get
closer to the building for high-rise fires and to double as a
bus bay. Since the redesign has taken place, dedication is no
longer necessary on Orangewood but it is necessary along Harbor
Boulevard.
Mayor Hunter asked if anyone wished to speak either in favor or in opposition.
Mr. Gregory Hile, Attorney representing Dr. Jayendra Shah, owner
of Captain's Quarters Motel directly to the south of the
proposed site.
They participated in the hearings in 1987. There is also
litigation involving the property. He has submitted a letter
dated today to the City Clerk with a copy for each Council
Member (see letter dated September 12, 1989, made a part of the
record). Also submitted was the administrative record in Case
No. 54-12-55 (Jayandra Shah vs. City of Anaheim) which goes into
the background of the matter. The statement by the applicant
that the purpose for the dedication was for a bus stop and fire
access does not appear to be supported by the record in 1987.
There was a Traffic study prepared by the project applicant and
submitted to the City and used as the basis of the negative
declaration ultimately certified by the City. On page 14 of the
Traffic study it discussed mitigation measures (he read items 3
and 4). The reason for dedication was not just for fire access
and bus stops but to put in other traffic lights in the event
that there was going to be excessive traffic along Harbor
Boulevard and Orangewood Avenue. The 1987 study was not
completely done. It pointed out, for example, that there would
be impacts from the proposed project in the City of Garden Grove
on the corner of Harbor Boulevard and Chapman. Since they did
not have the data they decided not to do an analysis of that.
At this point two years have gone by and other items have taken
place in the meantime. He suggested before the Council
considers any amendment or even the project, that it go back
through the environmental analysis and do an Environmental
Impact Report with regard to the traffic and all of the other
factors previously mentioned.
COUNCIL ACTION:
There being no further persons who wished to speak either in favor or in
opposition, Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Hunter, seconded by Councilman Ehrle, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
892
City Hall, Anaheim, California - COUNCIL MINUTES - September 12. 1989, $;30 p,M. __
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-383)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-383 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 89R-383; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
RECLASSIFICATION PROCEEDINGS NO. 87-88-09 AND AMENDING RESOLUTION NO. 87R-480.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-383 duly passed and adopted.
134; REHEARING GENERAL PLAN AMENDMENT NO. 257 - CIRCULATION ~LEM$NT AND
NEGATIVE DECLARATION; City initiated amendment to the Circulation Element of
the General Plan to consider 1) redesignation of Convention Way from West
Street to a point approximately 1500 feet west of Harbor Boulevard from a
private local street to a Major Arterial Highway; and 2) redesignation of
Convention Way from Haster Street to Manchester Avenue from a Secondary
Arterial Highway to a Primary Arterial Highway.
The Anaheim City Council held a public hearing on General Plan Amendment
No. 257 on August 8, 1989, at the conclusion of which Resolution No. 89R-351
was adopted, approving the recommended amendments to the Circulation Element.
PROJECT AS APPROVED BY THE PLANNING COMMISSION: General Plan Amendment
No. 257 was approved by the Plannin§ Commission (PC89-173 5 yes, 2 absent);
approved Negative Declaration.
City Clerk Sohl explained it came to her attention subsequent to the August 8,
1989 date that property owners did not receive timely notice of the hearing.
Therefore, the City Council rescheduled the issue to be reconsidered at this
time and will hear comments from the public both in favor and in opposition.
Depending on the comments, the Council will either reaffirm their action taken
on August 8, 1989 or not.
Mayor Hunter asked if anyone was present to speak to General Plan Amendment
No. 257 either in favor or in opposition; there being no response he closed
the public hearing.
893
City Hall, Anaheim, California COUNCIL MINUTES - September 12, 1989, 5;30
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Pickler, seconded by Councilman Hunter, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-384)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-384 for adoption, approving
General Plan Amendment No. 257 - Circulation Element reaffirming passage of
Resolution No. 89R-351 of August 8, 1989. Refer to Resolution Book.
RESOLUTION NO, 89R-384; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE CIRCULATION ELEMENT MAP AND TEXT OF THE
ANAHEIM GENERAL PLAN DESIGNATED AS GENERAL PLAN AMENDMENT NO. 257 (REHEARING).
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-384 duly passed and adopted.
114/179; DISCUSSION - ALTERNATIVES ON C-R STANDARDS REVIEW; Councilman
Pickler. Relative to the C-R (commercial-recreation) area, Council has
received joint report dated August 21, 1989 from the City Attorney, Planning
Director and Director of Public Works/Engineering which is a response to the
Council's request regarding development in the commercial-recreation (C-R)
area as discussed on August 15, 1989. City staff is presently looking into
standards to be placed on development in the C-R area. It is necessary that
the Council have control over what goes into the C-R area. A study is in
progress but will not be completed until mid 1990. He would like to have the
matter placed on a Council agenda for further discussion.
City Attorney White. If the Council wishes to act tonight to adopt an urgency
ordinance, it would require a 4/5 vote as well as a 4/5 vote to first waive
the 72-hour posting provision of the Brown Act.
Mayor Hunter. He would like to the see the matter placed on an agenda rather
than acting on it tonight.
Councilwoman Kaywood asked to hear from staff on what projects are in process
that would automatically go through within the week.
894
City Hall, Anaheim, California - COUNCIL MINUTES September 12, 1989, 5;30 P.M, __
Mary McCloskey, Planning Division Manager. The information staff has gathered
has about a 3-week lapse time. The joint memorandum sent to Council dated
August 21, 1989 listed eight different projects in process with plans already
in Plan Check and in the Building Permit process. Staff did not make a
recommendation in the report since it is a policy decision to be made by the
Council on how they would like to proceed. The report presented four
different ordinances that could be adopted - a building moratorium that could
become effective immediately, a building moratorium exempting those plans
already in Plan Check, another which would require a CUP but which would take
time to become effective, the earliest being October, 1989, and the fourth
would be a building moratorium with a CUP requirement. They could also adopt
a combination of the various ordinances depending on whether they want to stop
everything now or allow those in Plan Check to go forward.
Councilwoman Kaywood. She interjected stating her concern is not a moratorium
but that a developer could come in and build something to Anaheim's minimum
code and have a very poor project and it would not have to come to the
Planning Com~ission at all. They need to possibly improve the codes so that
something built automatically will be a fine project.
Mary McCloskey. The C-R study in process which will be completed in mid 1990
will look at a series of guidelines, new standards and new codes for the
area. What the proposed ordinance will do is to enable Council to look at
measures that could be taken in the interim until the new standards are
presented.
City Attorney White explained for the Mayor that under the law, if the Council
finds that the public health, safety or welfare requires that they now act to
adopt a moratorium on building in the C-R area pending further studies, they
would have the ability to do so under both state law provisions relating to
moratoriums and the Brown Act to make a finding that there would be a need by
4/5 vote both to adopt an ordinance for a moratorium as an urgency measure and
to make the requisite finding of the Brown Act.
Councilman Pickler. If they can adopt the CUP ordinance immediately, they
would then have the opportunity to look at all proposed projects.
City Attorney White clarified that tonight the 0nly action the Council could
legally take that would take effect tonight would be in the nature of a
moratorium. They could not, by an urgency ordinance adopt a zoning
requirement that would impose a CUP requirement on certain C-R uses. The
reason for the moratorium as being an alternative was to use it in concert
with an ordinance that would go through the normal two readings and 30-day
effective period requiring a CUP for those uses between the time of starting
that process to prohibit uses during that period from coming in. It would not
be possible to differentiate relative to projects proposed but it would be an
across-the-board prohibition. The way the ordinance is drafted, it only
relates to hotels and motels. It can be changed but it was used as an
example. It is not possible to differentiate to say that "good" projects will
be allowed and "bad" projects will be prohibited. That is the reason for the
four alternatives.
895
City Hall, Anaheim, California COUNCIL MINUTES - September 12, 1989, 5;30
Paul Singer, Traffic Engineer. The reason the issue came up, there are three
hotels in process with over 400 rooms - one is on Haster, one is on Katella
and another on Winston Road and West Street. All three hotels are
wall-to-wall, they do not have to provide any mitigation measures and have a
major impact on three major intersections in the area. They comply with all
of the parking, but not with the necessity for bus loading and unloading, they
do not comply with traffic impacts on the surrounding areas and they have to
go deeper underground in order to accommodate code parking.
Councilman Daly expressed concern relative to the hotel proposed by the
Coachman located on Katella that was denied by the Council.
Mary McCloskey. It was denied but the project could be redesigned and built
without having to come in for discretionary action.
Councilwoman Kaywood. She wants something done quickly so that building does
not occur right on the property line.
Paul Singer, Traffic Engineer. The project on Katella had a 30-foot driveway
in front of the porte-cochere. The Council denied the project because it was
inadequate. They are coming back with a redesign without any driveway in
front of the porte-cochere. All vehicles will have to enter into an
underground garage. There is no drive-thru or any place to park a bus. He is
seriously concerned with that project and what the effects are going to be on
the intersection. The project will be built to Code.
Additional discussion followed wherein Mayor Hunter reiterated his concern
about adopting any urgency ordinances tonight b~t that the matter should be
agendized for the next Council meeting.
Councilman Pickler. He feels an urgency ordinance is imperative. He
thereupon moved to waive the 72-hour posting provisions of the Brown Act.
Councilwoman Kaywood seconded the motion. The motion failed to carry by the
following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler and Kaywood
Daly, Ehrle and Hunter
None
Councilman Pickler moved that the matter be placed on the Council agenda of
September 19, 1989 for discussion and possible action. Councilman Ehrle
seconded the motion. MOTION CARRIED.
Councilman Pickler. He would like to go along with the CUP. He does not want
the moratorium.
Mayor Hunter. He wants to look at all the options and a possible moratorium
but would like to do so next week.
Mary McCloskey. Staff can also update the list of projects that are in Plan
Check and let the Council know exactly where they are in the process.
896
City Hall, Anaheim, California - COUNCIL MINUTES - September 12, 1989, 5;30 P.M.
114/179; ADDITIONAL REQUEST TO REHEARING/CONSIDER EXTENSIONS OF TIME ON
RECLASSIFICATION NO, 86-87-14 AND VARIANCE NO. 3611; City Clerk Sohl referred
to the further request from Farano & Kieviet to rehear/reconsider extensions
of time on the subject Reclassification and Variance.
City Attorney White. This is a project that was considered previously and
there is now a new request that the Council reagendtze the item and that the
Council again consider the request for extension of time. There is no formal
procedure in the Code that provides for a rehearing or an appeal process for
that decision but the applicant's attorney has requested that the Council
consider agendizing the issue again to have another decision made on the
request for extension of time. Council can do so by motion.
Councilman Daly moved to place on the Council agenda of September 19, 1989
Reclassification No. 86-87-14 and Variance 3611 in order to again
rehear/consider extensions of time. Councilman Ehrle seconded the motion.
MOTION CARRIED.
RECESS - CLOSED SESSION; Councilman Hunter moved to recess into Closed
Session to discuss the balance of the items listed under the Closed Session
agenda submitted by the City Attorney. Councilwoman Kaywood seconded the
motion. MOTION CARRIED. (8:20 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present. (11:19 p.m.)
ADJOURNMENT; Councilman Hunter moved to adjourn.
the motion. MOTION CARRIED. (11:20 p.m.)
Leonora N. Sohl, City Clerk
Councilman Ehrle seconded
897