1988/10/25203
City Hall, Anaheim, California - COUNCIL MINUTES - October 25, 1988, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
CITY ENGINEER: Gary E. Johnson
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:10 p.m. on October 21, 1988 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Bay called the meeting to order at 12:05 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; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C.
No. 46-96-59; In re: FERC Docket No. E7777.
b. To discuss labor relations matters
54957.6.
Government Code Section
c. To discuss personnel matters Government Code Section 54957.
d. To confer with its Attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To consider such other matters as are orally announced by the
City Attorney, City Manager or City Council prior to such recess
unless the motion to recess indicates any of the matters will not be
considered in Closed Session.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(1:41 p.m.)
INVOCATION: A Moment of Silence was observed in lieu of the invocation.
FLAG SALUTE: Councilman William D. Ehrle led the assembly in the Pledge of
Allegiance to the Flag.
119: EMPLOYEE RECOGNITION ON THEIR MANY YEARS OF SERVICE TO THE CITY OF
ANAHEIM~ The following employees were recognized for their many years of
valuab-, service to the City of Anaheim and those employees present were each
cong~ alated by Mayor Bay and all Council Members. They were also presented
wit~ ..~eir service awards:
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City Hall, Anaheim, California - COUNCIL MINUTES October 25, 1988, 1:30 P.M.
25 YEARS OF SERVICE
Police Department: Sergeant William Boswell, Transcriber - Beverly Clabaugh,
Sergeant - James George, Captain - Stanley Kantor, Detective Paul Mooney,
Detective - Harry Thompson.
Fire Department: Fire Captain - Douglas Beery, Fire Engineer - Robert
Caffrey, Fire Engineer - Edgar Dascomb, Fire Engineer - Fred Fossek,
Firefighter - Raymond Healy, Fire Captain - Robert Hernandez, Fire Captain -
Thomas Kresal, Fire Engineer - George La Rocque, Firefighter Roger Strickland,
~refighter - Darrel Wallace.
Engineering: Principal Engineering Aide - Kenneth Baker, Construction
Inspector Roy Payne.
Parks; Park Field Supervisor John Sanders.
Golf Course: Superintendent Don Lewis.
Facility Maintenance: Senior Telephone Operator/Receptionist - Ofelia Murphy.
Fleet Maintenance: Lead Equipment Mechanic William Neal.
Utilities Administrative Services: Industrial Engineering Technician Frank
Flores.
Water Engineering: Senior Water Utility Inspector - Michael Jonas.
Electrical Field: Electrical Assistant - Ben Maddox, Substation Test
Technician Supervisor Charles Palisin, Substation Test Technician Supervisor
- Roy Wright.
30 YEARS OF SERVICE
Park/Parkway Maintenance: Lead Tree Trimmer - Eldred Lamb.
Facility Maintenance: Maintenance Operations - Gerald Hill.
Customer Service/Utilities: Senior Utility Service Worker - Ralph Anzevino.
Electrical Engineering: Electrical Systems Design Supervisor - Thomas Kirker,
Electrical Systems Designer Donn West.
Electrical Field: Line Crew Supervisor - Robert Shiveley.
119: AWARD OF CERTIFICATES OF ACHIEVEMENT o EMPLOYEE INVOLVEMENT PROGRAM:
The following employees were presented with Certificates of Achiev~ment issued
by the Employee Involvement Program Board of Directors along with ~onetary
awards ranging from $30 to $227: Dawn Wharton (absent), Lauren Sc>~orse,
Sharon Mc Camon, John Albright, Jamie Dodge (absent), Vernon Rotha {absent),
Jack Nosek ($227 absent) and Joanne Williams.
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City Hall, Anaheim, California COUNCIL MINUTES October 25, 1988, 1:30 P.M.
The submitted suggestions would save City costs, improve service to the public
or prevent possible hazards.
Mayor Bay and Council Members congratulated each employee for their
contributions.
119: PROCLAMATIONS; The following proclamations were issued by Mayor Bay and
authorized by the City Council:
Congratulating USC Trojans on Their 100th Anniversary of
Football - Beach Boys Day as November 5, 1988,
Buckle Up For Life Challenge, November 1, 1988,
and Continuing Throughout 1989,
United Nations Day, October 24, 1988.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council and presented to Jackie Terrell and
President, Mary Franks, commending the Ebell Club for their long and
distinguished service to the community. Mayor Bay and Council Members thanked
the group for their participation in the many crime prevention programs and
projects in the City.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held August 30, September 13 and October 4, 1988. Councilman Hunter
seconded the motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,292,271.35 for the week
ending October 14, 1988 and $4,199,271.29 for the week ending October 21,
1988, in accordance with the 1988-89 Budget, were approved.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions on
the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-388
through 88R-393, both inclusive, for adoption)
Councilman Pickler moved to waive the reading in full of the resolutions.
Councilman Bay seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Gouncilman 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. 88R-388 through 88R-393, both inclusive, for
adoption. Refer to Resolution Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
a. Claim submitted by Betty Alexander for property damage sustained
purpc~ dly due to actions of the City on or about September 4-5, 1988.
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City Hall, Anaheim, California - COUNCIL MINUTES October 25, 1988, 1:30 P.M.
b. Claim submitted by Lorena Becerra for bodily injury sustained
purportedly due to actions of the City on or about July 6, 1988.
A2. 105: Receiving and filing minutes of the Parks, Recreation and Community
Services Department meeting held August 24, 1988.
105: Receiving and filing minutes of the Senior Citizens Commission
meeting held September 8, 1988.
~05: Receiving and filing minutes of the Community Services Board meeting
held September 8, 1988.
175: Receiving and filing correspondence from the Public Utilities
Commission in the matter of the Expedited Application of Pacific Bell (U
1001 C), a Corporation, for authority to restructure and reprice certain
high speed digital service rates, and to implement an off-setting
surcharge for intraLATA services.
A3. 175: Awarding a contract to the lowest and best responsible bidder, RLT
Construction, Inc. in the amount of $69,180 for the construction of the Ninth
Street 12" water main extension.
A4. 169: Approving a Notice of Completion of the construction of Jefferson
Street Street Improvement by Blair Paving, Inc., and authorizing the Mayor to
sign and the City Clerk to file the Notice of Completion.
AS. 169: Approving a Notice of Completion of the construction of La Palma
Avenue Street Improvement - State College Boulevard to Acacia Avenue by R.J.
Noble, and authorizing the Mayor to sign and the City Clerk to file the Notice
of Completion.
A6. 170/123: Approving the Final Map of Tract No. 13130 and the Subdivision
Agreement with the developer, Hostert Construction Co., engineering being
provided by Shakti Engineering and Design Group, Inc. Tract No. 13130 is
located on the west side of Kellogg Drive and south of Short Street.
A7. 170/123: Approving the Final Map of Tract No. 12996 and. the Subdivision
Agreement with the developer, Woodcrest Development, engineering being
provided by Hunsaker & Associates, Inc. Tract No. 12996 is located southerly
of the existing terminus of Weir Canyon Road. (This item was continued one
week as requested by staff).
AS. 106/155/153: Approving the amendment of the Public Works - Engineering
Department budget increasing expenditure and revenue appropriation~ to account
numbers 01-265-4101, 01-265-4199, and 01-3292 to add an Assistant fivil
Engineer to the Subdivision Section.
A9. 158: RESOLUTION NO, 88R-388: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OF FACILITIES
HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting a certc ~.
irrevocable offer of dedication of Broadway and Citron Street for ~.reet and
public utility purposes and facilities Parcel Map No. 85-230).
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City Hall. Anaheim, California - COUNCIL MINUTES - October 25, 1988, 1:30 P.M
Al0. 158: Finding and determining that the proposed sale of City-owned real
property located at the southwest corner of Santa Aha Canyon Road and Mohler
Drive is in the best interest of the City; accepting the offer received in the
amount of $7,600; authorizing the Mayor and City Clerk to execute the Grant
Deed; authorizing Real Property Section to open an escrow within 30 days, not
to exceed 60 days; and authorizing the Senior Real Property Agent of the City
to execute the escrow instructions and any related documents on behalf of the
City.
All. 123: Approving agreements with Smith-Emery, Eberhart & Stone, and Irvine
Testing Laboratories in an amount not to exceed $150,000 per year per
agreement (renewable at one year intervals for a maximum of four years) for
testing, inspection and consulting services for capital improvement projects
such as Convention Center Expansion, Anaheim Stadium Exhibit Area, and the
Euclid Street Storm Drain sewer and water improvements.
Al2. 128: Receiving and filing the Finance Director's Cttywide Comprehensive
Debt Service Schedule, both principal and interest combined, as of
June 30, 1988.
Al3. 160: Authorizing the Purchasing Agent to issue a purchase order to Villa
Ford, in the amount of $27,169.92 for three sub-compact sedans for the
Community Development Department, in accordance with bid no. 4632.
Al4. 160: Accepting the low bid of Tri City Honda Kawasaki, in the amount of
$67,848.48 for twelve Police motorcycles in accordance with bid no. 4630 as
publicly advertised.
Al5. 153: Approving the changes in the Schedule of Benefits provided by
Humana Health Plan for 1989, and authorizing the Human Resources Director to
sign renewal amendments on behalf of the City.
Al6. 153: Approving in concept, amendments to the self-funded Employee
Medical Plan, establishing an optional second level of benefits, and
instructing the Human Resources Director to prepare for Council review and
approval the detailed plan amendments necessary to implement the changes.
153: Waiving the pre-existing condition exclusion for the self-funded
Employee Medical Plan for the 1989 open enrollment only.
Al7. 153: Approving a change in the Schedule of Benefits for the self-funded
Delta Dental Plan to increase the maximum benefit from $1,000 to $1,500.
Al8. 153: Approving changes in the CIGNA Schedule of Benefits to provide a
co-payment for Office Visits of $4.00 and $2.00 for Prescriptions, and
authorizing the Human Resources Director to sign renewal amendments on behalf
of the City.
Al9. 153: Approving changes in the General Medical Center Schedule of
Benefits to increase the co-payment schedule to $5.00 for an Office Visit and
$4.0' ..~or a Prescription.
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City Hall, Anaheim, California
COUNCIL MINUTES
October 25, 1988, 1:30 P.M.
A20. 153; RESOLUTION NO, 88R-389: A RESOLUTION OF INTENT TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ANAHEIM.
(Approving an amendment to the contract with the Board of Administration of
the Public Employees' Retirement System to provide enhanced retirement
benefits for local fire members hired on or after February 10, 1984)
153: Directing the City Clerk to conduct an employee election by secret
ballot and to certify the results of the election to the Public Employees
Retirement System.
y._i. 153: Approving the 1989 Employee Group Health & Welfare Plan rates, and
authorizing the Human Resources Director to sign all renewal documents on
behalf of the City.
A22. 123: Approving an amendment to the agreement with Ralph Andersen &
Associates to increase the not-to-exceed amount from $9,000 to $24,000 for
consulting assistance for ongoing administration of the Engineering/Inspection
and Librarian Series Classification and Compensation Plan Program.
A23. 153; RESOLUTION NO. 88R-390: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-265 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY.
(To add the position of Stadium Administrative Services Manager; and that U be
added to the salary schedule of the Housing Operations Coordinator)
A24. 150: Approving the naming of the Bauer Ranch eight acre parksite in the
East Hills area of Anaheim as Sycamore Park.
A25. 123: Approving an agreement with Feedback Foundation, Inc.,
dba: Project T.L.C., to provide nutritional and social services to senior
citizens; and approving an agreement with the Orange County Center for Health
which provides clinical/counseling services to Anaheim residents, and
authorizing the Mayor and City Clerk to execute said agreements.
A26. 123: Approving an agreement with Turning Point Family Services, Inc., a
component of Project S.A.Y. (Save-A-Youth), in the amount of $117,000
(Community Development Block Grant funds), to provide youth outreach services
to the Anaheim community.
A27. 123: Approving a license agreement with Computer Associates in the
amount of $11,000 for a mainframe computer software package to manage the
City's various communication networks and Data Center Administrative
functions, and authorizing the Provisional Director of Data Processing to
execute said agreement.
A28. 106: Approving the transfer of appropriations ($266,000) from various
departments to supplement appropriations of other departments; and
appropriating an additional $933,000 in Housing Assistance grant receipts for
allocation for expenditure to the Community Development Department.
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City Hall, Anaheim, California COUNCIL MINUTES - October 25, 1988, 1;30 P.M.
A29. 123: Approving an amendment to the agreement with McLean and Schultz in
the amount of $25,650 to expand the architectural services for the design of
women's restroom facilities at Fire Stations 5, 6 and 8, and to incorporate
additional remodeling work at Stations 5 and 6.
A30. 175.123: Approving an agreement with Burns & McDonnell, at a cost not to
exceed $158,000 for the engineering, design and drafting work for Lewis
Substation Transformer Bank 3A installation.
A31, 158; RESOLUTION NO, 88R-391: 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.
158: RESOLUTION NO. 88R-392: 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.
A32. 113; RESOLUTION NO. 88R-393: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Authorizing the destruction of certain City records from the
City Clerk's Office)
177/113: Approving retention schedules for the City Treasurer, and Generic
records.
A33. 148: Receiving and filing the Draft 1988 Air Quality Management Plan,
and authorizing the Mayor to communicate the City's formal comments to the
Southern California Association of Governments (SCAG), the South Coast Air
Quality Management District, and to appropriate members in the State and
Federal Legislature.
Roll Call Vote on Resolution Nos. 88R-389 through 88R-393:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution Nos. 88R-389 through 88R-393, bgth inclusive,
duly passed and adopted.
End of Gonsent Calendar. MOTIONS CARRIED.
114: OPPOSING CONSIDERATION OF LOS ALAMITOS AS A COMMERCIAL AIRPORT:
Receiving and filing Resolution No. 7061-88 from the City of Garden Grove,
opposing the consideration of the Armed Forces Reserve Center at Los Alamitos
as a commercial airport in the airport site consensus program for Orange
County.
Councilwcman Kaywood referred to the subject resolution noting the facts
containec therein. She thereupon moved that the Council join actively with
the Ci7~- ~-:~ Garden Grove in opposing the consideration of the Armed Forces
Reser~ ..~ nter at Los Alamitos as a commercial airport in the Airport Site
Cons~ iTogram for Orange County. Councilman Hunter seconded the motion.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 25, 1988, 1;30 P.M.
Councilman Pickler. As a representative on the Inter-County Airport Authority
he feels such action would be premature at this time since it would tie the
hands of the group formed to get a consensus under the Airport Site Consensus
Program
Councilwoman Kaywood. The issue has come up before. There are many people
living in the area surrounding the Los Alamttos facility who have lived there
for 30 years or more. The site should not even be under consideration for a
commercial airport.
Councilman Ehrle. He is going to abstain since he agrees with Councilman
Pickler that there should be further study. He does not have enough
information at this time.
Mayor Bay. In the last two weeks he has noted that over and above the usual
number of armed forces jets that fly over his house from Los Alamitos, that
there have been very large four engine jets flying at a low altitude. Calls
have been made to determine where they are coming from without receiving a
definitive answer. It is also his contention along with Councilwoman Kaywood
that the worst thing that could happen to almost the whole west half of
Anaheim is to have Los Alamitos considered for commercial aircraft. He is in
strong support of opposing such consideration at the outset.
A vote was then taken on the foregoing motion joining Garden Grove in opposing
consideration of the Los Alamitos site and carried by the following vote:
Roll Call Vote:
AYES: COUNCIL MEMBERS: Hunter, Kaywood and Bay
NOES: COUNCIL MEMBERS: Pickler
ABSTAINED: COUNCIL MEMBERS: Ehrle
ABSENT: COUNCIL MEMBERS: None
It was also determined as part of the motion that a letter be sent supporting
that position.
105~ APPOINTMENTS TO THE COMMUNITY SERVICES BOARD: Mayor Bay. Regarding the
size of the Community Services Board (CSB), since the Council previously
decided to sunset Community Service Agency Funding over a 3-year period, it
might be well to consider instead of making replacements on that Board
allowing it to come down in size since the funding will be cut each year for
the next three years.
No action was taken on reducing the size of the Community Services Board.
Councilwoman Kaywood nominated Martha Miser and Dick Richards; Councilman
Ehrle nominated Steven Mendoza.
Councilman Pickler moved that nominations be closed. Councilman Bay seconded
the motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES October 25, 1988, 1:30 P.M.
A Roll Call Vote was then taken on the nominees in the same order as they were
nominated.
Martha Miser:
AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Pickler
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
Dick Richards:
AYES: COUNCIL MEMBERS: Kaywood and Pickler
NOES: COUNCIL MEMBERS: Hunter
ABSTAINED: COUNCIL MEMBERS: Ehrle and Bay
ABSENT: COUNCIL MEMBERS: None
City Attorney White explained it was necessary to also vote on the next
nominee and if the vote is higher that person will be the appointee.
Steven Mendoza:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler and Bay
Kaywood
None
Councilwoman Kaywood thereupon moved a unanimous vote for Mr. Mendoza as well
as Mrs. Miser.
Martha Miser was thereupon unanimously appointed to fill the unscheduled
vacancy on the Community Services Board for the term ending June 30, 1990 and
Steven Mendoza was thereupon unanimously appointed to fill the unscheduled
vacancy on the Community Services Board for the term ending June 30, 1991.
105: APPOINTMENTS TO THE ECONOMIC DEVELOPMENT BOARD: Councilwoman Kaywood
nominated Len Lawicki; Councilman Hunter nominated Wilfred Lirette.
Councilwoman Kaywood also nominated Craig Miller.
Nominations were closed.
Councilman Pickler moved a unanimous vote for Len Lawicki and Wilfred Lirette.
Mr. Len Lawicki was thereupon unanimously appointed to fill the unscheduled
vacancy on the Economic Development Board for the term ending June 30, 1992
and Mr. Wilfred Lirette was thereupon unanimously appointed to fill the
unscheduled vacancy on the Economic Development Board for the term ending
June 30, 1992.
105~ APPOINTMENT TO THE SENIOR CITIZEN COMMISSION: Mayor Bay nominated Mr.
Ralph Sar<no; Councilwoman Kaywood nominated Helen Maleck.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 25, 1988, 1;30 P.M.
Councilman Hunter moved that nominations be closed. Councilman Bay seconded
the motion. MOTION CARRIED.
A vote was then taken on the nominees in the order of their nomination:
Ralph C. Sarno:
AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood and Pickler
AE~LNT: COUNCIL MEMBERS: None
Councilman Pickler moved a unanimous vote on the appointment of Mr. Sarno.
Mr. Ralph C. Sarno was thereupon unanimously appointed to fill the set
scheduled vacancy on the Senior Citizen Commission for the term ending
June 30, 1990. MOTION CARRIED.
105: APPOINTMENTS TO THE PUBLIC UTILITIES BOARD: Mayor Bay nominated Paul
McMillan for the first opening and Walt Smith for the second opening on the
Public Utilities Board.
Councilman Pickler. He would like the matter continued. There are now 5
members on the 7-member Board and he is not certain the Board needs to be
composed of 7 members. The Council should look into the matter further to
decide whether or not the Board should remain a 7-member Board. He moved to
continue the subject appointments until some time in December. There was no
second to his motion.
Councilman Hunter moved that nominations be closed. Councilman Bay seconded
the motion. MOTION CARRIED.
Mayor Bay added that Mr. McMillan is currently on the Community Redevelopment
Commission and his nomination of Mr. McMillan to the Public Utilities Board is
with the understanding that he (McMillan) will resign from the Commission
since the Council has not made it a practice to appoint people two commissions
at the same time. The original intent was that Mr. McMillan's expertise lies
in the Public Utilities area and at the time he wanted to be appointed to that
Board. If he is appointed to the Public Utilities Board and subsequently
accepts, he will have to resign from the Redevelopment Commission.
Mayor Bay moved a unanimous vote for Mr. McMillan and Mr. Smith.
Mr. Paul McMillan was thereupon appointed to the Public Utilities Board to
fill an unscheduled vacancy for the term ending June 30, 1990 and Mr. Walt J.
Smith was thereupon unanimously appointed to fill an unscheduled vacancy on
the Public Utilities Board for the term ending June 30, 1989.
Before concluding, Councilman Ehrle suggested that instead of merely sending a
letter of thanks from the Council to those who have served on Boarcs and
Commissions, he is recommending that for those serving four or mor~~ years,
upon leaving that post, that they be recognized with an appropriate document
that could be hung for display.
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City Hall, Anaheim, California COUNCIL MINUTES October 25, 1988, 1:30 P.M.
Mayor Bay. He agreed that something along the lines of a framed certificate
of appreciation would be appropriate vs. a letter which would be automatically
prepared for those Board or Commission members who have served four or more
years upon leaving their appointed position.
Councilwoman Kaywood. She would prefer that it be for service longer than
four years. Mayor Bay suggested that the certificate could indicate the
appropriate number of years served.
105; YOUTH COMMISSION APPOINTMENTS: Recommendation from the Youth Commission
concerning the resignations of Chairperson Christi Le Narz, and Commissioners
Elizabeth Rogers and Rebecca Boyts; and the termination of Commissioners Jason
Orvis and Peter Campellone.
Councilwoman Kaywood asked that the appointments be continued one week. There
were a great number of applications received. She would also like to know
which grades the applicants are in. Suddenly many Youth Commissioners are
resigning all at once because they are facing graduation. It is also
important that there are applications from different schools.
Councilwoman Kaywood moved that appointments to the Youth Commission be
continued for one week. Councilman Hunter seconded the motion.
Before a vote was taken, Mayor Bay requested that the motion be amended to a
two-week continuance since one week would not be enough time to determine a
cross section representation of as many different high schools in the City as
possible. Councilman Pickler seconded the amended motion that the matter be
continued for two weeks. MOTION CARRIED.
108: ANAHEIMER INN REQUEST FOR WAIVER OF INTEREST/PENALTY ASSESSMENT ON
TRANSIENT OCCUPANCY TAX: Request from the Anaheimer Inn dated October 3, 1988
to waive th~ penalty payment of $18,870.24 and interest of $11,532 resulting
from a Transient Occupancy Tax audit (Audit No. 88060) on the Anaheimer Inn
from July 1, 1985 through June 30, 1988. Submitted was report dated
October 17, 1988 from William H. Smith, Audit Manager.
Mr. Jashbai Patel, 1201 West Katella, Anahetmer Inn. He is present to appeal
the assessment penalty of $18,870.24 and the interest of $11,532. He was
completely unaware of the erroneous filing of the tax report by his
accountant. He asked that he not be penalized for somebody else's filing
mis-statements. He has now hired a general manager and certified public
accountant to oversee all his operations. He also clarified for the Mayor
that the accountant did work for him part-time and was his responsibility.
City Attorney White. He explained that the Code provides that the Council may
waive all or any portion of the penalty that is assessed for delinquent
payment o~ the Transient Occupancy Tax upon finding that a substantial
injustic~ would be done to the operator by imposing the tax or that portion of
the ta~ ,c?~ch is waived. It requires a 4/5 vote in order to waive that
penalty~ ~e Code specifically does not permit waiver of any interest that is
due. ~, therefore, not appropriate for the Council to waive the interest
pot~ the payments due but the penalty may be waived in total or in part.
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City Hall, Anaheim, California - COUNCIL MINUTES - October 25, 1988, 1:30 P.M.
Mayor Bay. The past practice of this Council and previous Councils was if
there was a time problem relative to the mailing and postmark of the tax and a
letter confirming same was submitted by the Post Office that the Council
waived penalties. In this case, if the petitioner's reason is that the
penalty should be waived because someone working for him did something without
his knowledge, the precedent would be very dangerous. It is the employer's
responsibility to know what their employees are doing.
MOTION: Councilman Bay moved to deny the request from the Anaheimer Inn to
waive the penalty and interest payment under Audit No. 88060. Councilman
Hunter seconded the motion. MOTION CARRIED.
179; REQUEST FOR AN EVENING HEARING ON VARIANCE NO, 3828; Request from Mitzi
Ozaki to continue the public hearing on Variance No. 3828 from the scheduled
meeting of November 29, 1988, to December 6, 1988, so that the hearing will be
an evening meeting. (The public hearing is currently continued from the
meeting of October 4, 1988 to November 29, 1988)
City Attorney White explained for Councilwoman Kaywood that because the public
hearing was specifically continued to Tuesday, November 29, 1988, while the
Council may indicate they will continue it again to a subsequent date, it
would not be appropriate to commit today to continuing it past the date it was
continued to (November 29, 1988) since the public was previously notified that
the hearing would be held on November 29, 1988. All the Council can do today
is to indicate it would be their intention on November 29, 1988 to continue
the public hearing to the next week which is a night meeting.
Councilwoman Kaywood moved that the request be granted and that the continued
public hearing on Variance No. 3828 be continued to December 6, 1988.
Council Members Hunter and Pickler both stated their willingness to have the
public hearing held at the night meeting of December 6, 1988 but they would
not vote that continuance today upon advice from the City Attorney.
Mayor Bay noted there was no second to the foregoing motion but it is clear
that the intent of the Council will be to continue the public hearing to
December 6, 1988 at 8:00 p.m. at the meeting of November 29, 1988.
ITEMS OF PUBLIC INTEREST:
Walt Bormann, 2856 West Lincoln Avenue, Anaheim. He is concerned that streets
such as Lincoln Avenue and Harbor Boulevard are becoming dumping grounds and
would like to know who is responsible for cleaning, trimming and general
maintenance of that area of the City. Also empty beer cans, bottles bags and
other debris dropped between Dale and Beach Boulevard are not beinf picked up
and area plants are growing out into the streets. There is no mai~tenance
that he is aware of. Another problem concerns traffic and a stree~ just west
of Dale called Belair where his apartment complex is located. Th~a have been
six serious accidents at Belair and Lincoln since he moved into t? complex in
February. The Traffic Engineer should be apprised of the situatic~ and
analyze what can be done.
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191
City Hall, Anaheim, California - COUNCIL MINUTES - October 25, 1988, 1:30 P.M.
Mayor Bay advised Mr. Bormann of the hotline procedure where such concerns and
complaints can be reported and acted upon by appropriate department staff.
179: ITEMS C1 C6 FROM THE ZONING ADMINISTRATOR MEETING OF OCTOBER 6, 1988 -
DECISION DATE; OCTOBER 13, 1988 - INFORMATION ONLY - APPEAL PERIOD ENDS
OCTOBER 28, 1988:
Cl.
VARIANCE NO, 3731 AND NEGATIVE DECLARATION:
OWNERS: KANG-SHEN CHEN AND SHU-GEN CHEN, 1230 Maple Tree Court, La
Habra, CA 90631
LOCATION: 6984 E, Overlook Terrace
To modify a previous condition of approval pertaining to exterior
color in connection with Zoning Administrator Decision No. ZA87-38.
Variance No. 3731 APPROVED by the Zoning Administrator, Decision No.
ZA88-58.
Approved Negative Declaration.
C2.
VARIANCE NO. 3839 - CATEGORICALLY EXEMPT, CLASS 3-A:
OWNERS: CHARLES E. SUGGETT AND PRISCILLA L. SUGGETT, 6017 E. Queens
Drive, Anaheim, CA 92807
LOCATION: 7571 E. Martella Lane
To construct a 2-story, 35 foot, 6 inch high, single-family residence
with waiver of maximum structural height.
Variance No. 3839 APPROVED, IN PART, by the Zoning Administrator,
Decision No. ZA88-57.
C3. ADMINISTRATIVE ADJUSTMENT NO. 0013 - CATEGORICAT.T3 EXEMPT, CLASS-5:
C4.
C5.
OWNER: FEREIDON HAKIMIJO0, 552 Los Coyotes Drive, Anaheim, CA 92807
LOCATION: 7425 East Hummingbird Circle
To construct a 2-story, 27 foot, 6 inch high, single family residence
with waiver of maximum structural height.
Administrative Adjustment No. 0013 APPROVED by the Zoning
Administrator, Decision No. ZA88-59.
VARIANCE NO. 3847 CATEGORICALI~ EXEMPT, CLASS-5:
OUNER§: MILTON R. ~EROLD AND MARCARRT J. UEROLB, 1460 East Pinewood
Avenue, Anaheim, CA 92801
LOCATION: 1460 East Pinewood Avenue
To retain a room addition with waiver of minimum rear yard setback.
Variance No. 3847 APPROVED by the Zoning Administrator, Decision No.
ZA88-60.
VARIANCE NO 3853 - CATEGORICALLY EXEMPT, CLASS-5:
OWNERS: VICTOR M. ALDANA AND ROSLYN ALDANA
LOCATION: 2067 W. Falmouth Avenue
To retain an existing patio cover with waiver of minimum rear yard
setback.
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192
City Hall, Anaheim, California - COUNCIL MINUTES - October 25, 1988, 1:30 P.M.
Variance No. 3853 APPROVED by the Zoning Administrator, Decision No.
ZA88-61.
C6,
ADMINISTRATIVE ADJUSTMENT NO, 0014 - CATEGORICALLY EXEMPT, CLASS-5:
REQUESTED BY: PURU PATEL, 2029 South Harbor Boulevard, Anaheim, CA
92805
LOCATION: 1734 South Harbor Boulevard,
To expand an existing hotel with waiver of minimum number of parking
spaces.
Administrative Adjustment No. 0014 APPROVED by the Zoning
Administrator, Decision No. ZA88-62.
A review of the Zoning Administrator's decision was requested by Council
Members Kaywood and Pickler and, therefore, a public hearing will be scheduled
at a later date.
End of the Zoning Administrator Items. MOTIONS CARRIED.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 4968)
Councilman Bay moved to waive the reading in full of the ordinance.
Councilman Pickler seconded the motion. MOTION CARRIED.
179: ORDINANCE NO. 4968 (ADOPTION): Amending Title 18 to rezone property
under Reclassification No. 87-88-31 located at 2100 South Lewis Street, from
RS-A-43,000 to RM-1200.
Councilman Bay offered Ordinance No. 4968 for adoption. Refer to Ordinance
Book.
ORDINANCE NO. 4968; 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. 87-88-31
located at 2100 South Lewis Street, from RS-A-43,000 to RM-1200)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Ordinance No. 4968 duly passed and adopted.
179: ORDINANCE NO. 4969 (INTRODUCTION): Amending Section 18.41.050 of
Chapter 18.41 of Title 18 of the Anaheim Municipal Code relating to the zoning
of Theatres, excluding drive-ins.
Councilwoman Kaywood offered Ordinance No. 4969 for introduction.
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189
City Hall, Anaheim, California COUNCIL MINUTES - October 25, 1988, 1:30 P.M.
ORDINANCE NO 4969: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.41.050 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
156; PASSING OF OFFICER ROBERT ROULSTON; Council Members acknowledged and
expressed condolences over the loss of a 15-year veteran of the Anaheim Police
Department, Motor Officer Robert Roulston in an on duty motorcycle accident
while directing traffic at Anaheim Stadium.
114/105; DISCUSSION - POSSIBLE CODE OF ETHICS FOR CITY COUNCIL AND BOARDS AND
COMMISSIONS; Councilman Ehrle stated it was his sincere belief it was time
for the Council to put its house in order - to look and see what they can do
to provide citizens of Anaheim with more positive and professional
leadership. Throughout all branches of government on the federal and state
level, there are rules and regulations covering conduct. In Anaheim there are
no such rules and no Council Policy governing their actions.
Councilman Ehrle thereupon moved to place on the next Council meeting agenda a
discussion regarding the issue of the Anaheim City Council adopting Canons of
Ethics to provide guidelines for appropriate behavior, not only for the
Council, but also Boards and Commission Members appointed by the Council. He
then elaborated upon the areas that such a Code of Ethics would cover.
Councilman Hunter seconded the motion.
Mayor Bay. He does not have a problem with agendizing such a discussion. He
would only caution the Council they are considering an Ethics Policy
particularly to limit debate and to leave out all the motions and debates
which may be more difficult to do than discussing it. He feels it could be
treading on the right to free speech to some degree. He feels that one week
is too soon for a discussion.
Councilman Hunter. He named the many professions who have Canons of Ethics
including the United States Congress and Senate. He sees no infringement on
the First Amendment or the Freedom of Speech. It is a matter of common
courtesy and it is long overdue.
Councilman Pickler. He agrees that it is necessary to put personalities aside
and not use the Council Chamber as a forum which they have all been guilty of
at one time or another. He concurs with the suggestion that there be a Code
of Ethics but would at least like two weeks to consider the issue.
Mayor Bay. There are two issues at hand. The present Council and past
Councils have never chosen to enforce Roberts Rules of Order and parliamentary
procedure at Council meetings. Those have been left up to the Mayor. If
these rules and procedures are used properly, it is possible to get to the
issue and to a final decision much quicker. Besides ethics, it is also
necessary to look at rules and procedures. He would prefer that Roberts Rules
of Order be in use since it would be easier to run a meeting. Looking at a
Code of Ethics is fine but along with that should be penalties for those who
violate the sanctity of Closed Sessions. He will be glad to support the
suggestion but one week is too short a time in which to do so.
1004
190
City Hall, Anaheim, California - COUNCIL MINUTES - October 25, 1988, 1:30 P.M.
Councilman Pickler. The City Attorney has an idea of the direction the
Council wants to take. It will be necessary to devise proper language and the
City Attorney would be aware of the best place to start.
City Attorney White. He would be happy to provide the Council with a form of
procedural rules to look at as a starting point and would also be happy to
obtain copies of other Canons of Ethics such as Councilman Hunter mentioned
and submit those to the Council. However, he would not feel comfortable in
proposing to the Council Canons of Ethics. If the Council is interested in
adopting such regulations, they would need to formulate those themselves. He
asked for three weeks to gather and submit the information to the Council.
It was determined that the City Attorney would submit information to Council
for review to be submitted at the Council meeting of November 15, 1988.
114: NO QUORUM ANTICIPATED FOR COUNCIL MEETING SCHEDULED NOVEMBER 22, 1988:
City Clerk Sohl announced that some Council Members have indicated that they
wish not to have meetings during the holiday period, the first being
Thanksgiving week. It was determined after a brief discussion between Council
Members that a Council quorum is not anticipated for the meeting scheduled
Tuesday, November 22, 1988.
RECESS: By general consent, the Council recessed for ten minutes.
(3:17 p.m.).
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:35 p.m.)
170: PUBLIC HEARING - TENTATIVE PARCEL MAP NO. 88-335:
APPLICANT:
DEVELOPER:
Trider Corporation
12 Corporate Plaza,
Newport Beach, CA
92660
LOCATION:
Northwest corner of Anaheim Hills and Nohl Ranch Roads,
The developer, Trider Corporation, is subdividing his development
into three parcels where Parcel 1, the southern parcol, consists of
6.97 acres for apartments for senior citizens; Parcel 2, the middle
parcel, consists of 4.62 acres for tennis courts; and Parcel 3, the
northern parcel, consists of 7.72 acres remaining as open space.
Under CUP 2809, the City Council on August 12, 1986, upheld the
decision of the Planning Commission, the developer was granted the
right to develop Parcel 1 as a senior citizen apartment complex. As
a condition of approval of CUP 2809, the developer was required to
redesignate proposed Parcels 2 and 3 to Open Space with the senior
citizen apartment complex to remain Commercial Recreation.
Resolution No. 86R-489 covering the above zone changes was passed and
adopted by the City Council on October 28, 1986.
HEARING SET ON:
The decision of the City Engineer approving Tentative Parcel Map ~ 88R-335
was appealed by various residents in the area which was discussed =z the
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187
City Hall, Anaheim, California - COUNCIL MINUTES - October 25, 1988, 1:30 P.M.
meeting of October 11, 1988. At that time, the Council set the matter for a
public hearing which was scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin October 14, 1988.
Mayor Bay announced that a letter had been received from the Trider
Corporation requesting that the public hearing be continued to the next day
Council meeting since their legal Counsel was not available for today's
meeting.
Alan Trider, Trider Corporation, confirmed the Mayor was correct and their
legal Counsel could be present at subsequent meetings towards the latter part
of the month or early November.
It was determined by a show of hands that approximately 25 people were present
for the public hearing.
Mayor Bay. The Council may continue the hearing because Legal Counsel for
Trider Corporation is not present. He suggests that input be taken from both
sides today and subsequently the hearing be continued and a decision rendered
at the time of continuance.
Mr. Trider asked that any discussion revolve around the Parcel split and not
the Conditional Use Permit which has already been approved.
City Attorney White. The purpose of the hearing is to consider an appeal on
the Parcel Map approval to create three parcels. The CUP has been previously
approved and the time in which that could be challenged, reheard or
reconsidered has expired. The hearing is not a reconsideration of the senior
citizens complex but only to determine whether the property should be divided
as proposed into three parcels of land. The testimony should reflect that
decision which is the only one before the Council today.
Sonja Grewal, 400 South Canyon Ridge Drive. They will have four speakers
today. She first asked why since they had requested the public hearing they
were not contacted as to the fact that a continuance was requested. The
developer gpecifically requegted that there be no continuance when the issue
was discussed on October 11, 1988.
City Attorney White. The property owner is always entitled to request a
continuance because the detriment to be suffered by a continuance is normally
greatest on the property owner. It was appealed by residents rather than the
owners; however, to hold the hearing and to act upon the matter in the face of
a request by the property owner for a continuance could be construed as
denying due process by not giving adequate time for preparation and research
by Legal Counsel. Because a large number of people are present, it is
permissible to begin the hearing and listen to all those who have taken the
time to come to the hearing and perhaps cannot return for another hearing.
1006
188
City Hall, Anaheim, California - COUNCIL MINUTES - October 25, 1988, 1;30 P,M.
PUBLIC DISCUSSION IN FAVOR OF THE APPEAL:
Pat Goodman, 6020 East La Paz Way.
Her presentation consisted of slides showing Parcel 3 from all
directions as well as showing surrounding land uses ~ncluding
Parcels 1 and 2. Parcel 1 has the CUP for the senior complex.
She pointed out that the Parcel Map shows that the complex is to
be built on 6.97 acres or an increase of approximately 2 acres.
Parcel 2 has been the subject of various conditional use permits
related to the Tennis Club. Proposed Parcel 3 is the remaining
land. The residents are questioning why the developer is
requesting that the property be subdivided into three parcels.
They believe that further development of the property is not
feasible and are requesting that the Parcel Map be denied, that
two parcels only be permitted with the senior complex on
Parcel 1 and that the zoning be changed to complete open space
for Parcel 2 and keeping the Tennis Club as a permitted use
thereon.
Leonora Dodson, 6037 Brighten.
She read from a petition that was submitted signed by 125 area
residents who border the parcel and the property at issue. She
asked that the petition be entered into the record as indicative
of neighboring property owner's support for allowing two parcels
and maintaining open space designation for the second parcel.
She also read a letter submitted from a resident who could not
be present today.
Sonja Grewal, on behalf of the Anaheim Hills Citizens Coalition.
She first referred to the staff report submitted and outlined
what she found to be several discrepancies in the report. She
then reported that in previous hearings Mr. Trider stated he
wanted three parcels because he wanted to develop all three and
each time corrected himself saying that he just wanted to
finance all three parcels. Neighbors expressed concern over
retaining the open space areas once legally separated. The
financing of proposed Parcel 2 made sense but expecting a bank
to loan money on open space which could not be deve~ped did
not. They are not taking issue with the conditlons imposed by
the Gity Engineer, especially Condition No. 2. Staff's
recommendation to bring the zoning classification
conformance with the General Plan is a positive one. They feel
that the logical and proper parcelization would be for only two
parcels - one for the senior complex and the second for the
remainder of the land. It does not separate a proposed Parcel 3
physically not suited for a development. The Coalition is
requesting that the Council show maximum commitment to the
General Plan by granting two parcels, Parcel 1 for the senior
complex and Parcel 2 for the remainder using staff's suggestion
of conditioning the Final Map on reclassifying all the acreage
in Parcel 2 to open space with the existing tennis c~3urts as a
permitted use. This solution conforms with the sub~ ~ 'ision map
and the Anaheim General Plan.
1007
185
City Hall, Anaheim, California COUNCIL MINUTES - October 25, 1988, 1:30 P.M.
Hal Barstow, 516 Circulo Lazo.
He feels the homeowners have proposed a reasonable response to
the developer. Many more people would be present were it not
for the senior citizen home already built on the southwest
corner of the intersection where the subject property is
located. Residents have become apathetic because they feel if
that development was allowed, they could not do much about
preventing any other such developments.
Richard S. Rockwell, 248 La Paz.
There are 10 to 20 homes whose backyards look over the proposed
parcel including his which he has spent a great deal of money to
improve. He would like the Council to deny the developer's
request and keep faith with the people who live in the area.
They know why the developer wants to parcelize - it will be sold
and developed and all the existing homes will be looking into
the back of that development. The way to keep faith is simply
to redesignate that parcel open space. The developer will get
what he wants which is three parcels, and the people will get
what they have a right to which is the view they paid for back
in 1972.
Mayor Bay asked if the representative from Trider wished to speak; Mr. Trider
stated he was not prepared to speak but felt that some things needed to be
addressed.
A1 Trider, Trider Corporation.
He emphasized this is privately owned property and when they
acquired the property it was not an attractive situation. They
have refurbished the Tennis Club, refenced it and made an
attractive setting. They feel this is a legal situation. The
public hearing should be based on the lot split and not the
CUP. He would like to ask the City Attorney if they can
downzone RSA-43,000 to open space legally. It was part of the
conditional use permit and he has some concerns whether that is
legal. Further, the Parcel Map was approved by the City
Engineer on September 19, 1988. They did not rgceive a copy of
the internal memo for listing the grounds of appeal and he was
shocked after he read those concerns since they were referencing
everything to the CUP which was not the case or the issue. They
are only asking for a parcel split on which they met all City
requirements and have the legal right to do what they are
doing. They would like to have a tennis club in the community
and expect to continue to maintain it and turn it into an
asset. It has been a negative to the community in the condition
it was in. He mentioned at the September 19, 1988 meeting that
he was available all the next week to meet with the citizens
group to discuss anything, but he received no call. He would
like the Council to consider what he has said and would also
like his two questions answered.
1008
186
City Hall, Anaheim, California COUNCIL MINUTES - October 25, 1988, 1:30 P.M.
City Attorney White.
He then gave the criteria for approval or denial of a Parcel Map
which criteria he noted were generally set forth on Page 4 of
the City Engineer's staff report, A through G under
Paragraph 3. After doing so, he stated it is reasonable in his
view that the City Council may be in a position to find that the
subject parcel map under the existing zoning would not be
consistent with the existing General Plan of open space and,
therefore, have a legal basis to deny the parcel map. However,
the owner could stipulate to rezoning to open space or the
Council could as a condition provide that if the parcel map is
to be finalized, that the property would need to be rezoned to
open space. The City cannot legally require unilaterally
outside the context of a parcel map rezoning to open space. To
do so would be to deny all economically viable use of the
property to the owner which could put the City in a legal
position and be faced with an inverse condemnation action. He
sees nothing legally wrong if the property owner wished to
stipulate that it could not be zoned open space. If not, he
believes the City Council has the prerogative to determine
whether to deny the parcel map or create only two parcels
instead of three. He emphasized, however, if there is some
perception the City can somehow guarantee if parcels are created
there will never be any development, he does not believe they
can ever give that guarantee.
Gary Johnson, City Engineer.
The staff report indicates at the time of the hearing some
information was not known and did not come forth in the hearing
dealing with the zoning and the General Plan question which
seems to be the primary focus of the appellants in this case.
As to the question of the two parcels vs. three, the map was
originally filed as a 3-lot subdivision. He would have to defer
to the City Attorney whether he (Johnson) or the Council can
modify to make it a different number of lots. Typically
Engineering would not sign to have recorded a Final Map that was
not in conformance with an approved tentative map. This is a
tentative map so he has a question whether the number of parcels
can be changed at this point.
City Attorney White.
He agrees. He does not think it is the prerogative of the City
Engineer or Council to redesign the subdivision. There is an
application for a 3-lot subdivision. If the Council finds it
meets all the criteria, it should be approved and if not, it
should be denied but not attempt to redesign it into two
parcels. If denied and the owner wished to come back with a
2-parcel subdivision that would be his prerogative, but it
cannot be redesigned but only either approved or disapproved.
Mr. Trider asked if he had met all City requirements City
Engineer Johnson answered that is what the hearing iL about
today.
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City Hall, Anaheim, California
COUNCIL MINUTES - October 25, 1988, 1;30 P.M.
Mayor Bay.
As he understands, the direct concern of the residents is, in
their opinion, the only reason to split the remaining property
into two more parcels is eventually to develop it, whether or
not that is true.
Sonja Grewal.
She confirmed that was correct. She asked under California
State Law she understands that the General Plan and underlying
zon£ng needs to be in conformance. However, Anaheim is a
Charter City thus can consider themselves separate from them.
She asked if that was correct.
City Attorney White stated that the answer is yes.
Sonja Grewal.
She asked if it would be proper to say Anaheim would be
justified to follow the staff's suggestion and place a condition
on the parceltzation that it be reclassified that that would be
in line with California Law.
City Attorney White.
He reiterated his opinion is the Council could place such a
condition on the parcel map but it is not a mandate that the
property owner would be compelled to rezone. If he wished to
finalize the parcelization, a condition could be that it be
rezoned to open space. Simply rezontng to open space does not
guarantee it will never be used for anything but open space.
Once parcelized and eventually sold off to a third party, that
third party is a bonified purchaser for value and would have a
right to make some developmental use of the property and could
come in and request a rezoning legally. They could do that as a
condition if the property owner did not wish to proceed with the
parcel map.
After additional questions posed by Ms. Grewal, Councilman Bay
moved that the public hearing remain open and be continued to
Tuesday, November 8, 1988 at 3:00 p.m. Councilman Pickler
seconded the motion.
Before a vote was taken, Councilwoman Kaywood felt it would be
unfair to the residents who were present to continue the matter
for two weeks since the next Council meeting is a night hearing
and they should be accommodated at a night hearing.
A vote was then taken on the motion for a two-week continuance and failed to
carry by the following vote:
Roll Call Vote:
AYES:
A
~OUNCIL MEMBERS:
:OUNCIL MEMBERS:
':OUNCIL MEMBERS:
Pickler and Bay
Ehrle, Hunter and Kaywood
None
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City Hall, Anaheim, California - COUNCIL MINUTES - October 25, 1988, 1:30 P.M.
Councilman Pickler then moved that the public hearing on Tentative Parcel Map
No. 88-335 be continued to Tuesday, November 1, 1988 at 8:00 p.m.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
ADJOURNMENT: Councilman Bay moved to adjourn.
the motion. MOTION CARRIED. (4:25 p.m.)
LEONORA N. SOHL, CITY CLERK
Councilman Pickler seconded
1011