1992/03/17City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
COUNCIL MEMBERS .' None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
ASSISTANT CITY CLERK: Ann M. Sauvageau
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR.' Annika Santalahti
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
HOUSING MANAGER: Bertha Chavoya
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:10 p.m. on March 13, 1992 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 3:00 p.m.
REOUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9 (a), to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange County Superior
Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of
Anaheim, et al., Orange County Superior Court Case No. 44-81-74.
City of Anaheim vs. Kimble, Rodiger and Spriggs, Orange County
Superior court Case No. 62-14-77.
b. To meet with and give directions to its authorized
representative regarding labor relations matters - Government Code
Section 54957.6.
c. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
d. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9 (b) (1).
e. To consider and take p~ss£ble ae~£on upon gush o~he~ ma~~g ag
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.
By general Consent, the Council recessed into Closed Session. (3:00 p.m. )
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:30 p.m.)
INVOCATION..-. A moment of silence was observed in lieu of the invocation.
FLAG SALUTE.:.. Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
181
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Recognition and
Congratulations was unanimously adopted by the City Council to be presented to
Lee G. Harris on his retirement from the City after 22 years of service in
the is City's Utilities Department. Mayor Hunter and Council Members
commended Mr. Harris for his dedicated service to the City and citizens of
Anaheim.
119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was
unanimously adopted by the City Council and presented to Michael Ready, a
sixth grader at Loara Elementary School, the grand prize-winner in the
anti-graffiti poster contest sponsored by Anaheim Beautiful, Graffiti Removal
Inc., Disneyland and the City Planning Department - "Make Your Mark On The
World, Not On A Wall". Mayor Hunter and Council Members congratulated Michael
who was accompanied by his mother.
Code Enforcement Manager, John Pools and Carolyn Griebe also presented
certificates to twenty-five other youngsters from various schools throughout
the City who were semi-finalists in the contest.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,005,017.04 for the
period ending March 6, 1992 and $4,234,500.23 for the period ending March 13,
1992, in accordance with the 1991-92 Budget, were approved.
Mayor Hunter recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5: 40 p.m. )
Mayor Hunter reconvened the City Council meeting. (5:45 p.m. )
PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on agenda
items.
ITEMS OF PUBLIC INTEREST: A number of people were present to speak to the
Council on Conditional Use Permit No. 3228 and Conditional Use Permit No. 3492
which were not items of discussion under the Council's Agenda this evening.
Mayor Hunter announced that the Council has no information on the issues
involved relative to the Conditional Use Permits and no documentation since
the use permits are not a part of today's agenda. The Council did receive a
letter that was faxed to them regarding a potential auto dismantling business
in the area of Weir Canyon and Serrano or something of that nature that
apparently has not even gone to the Planning Commission yet and is a long way
in coming to the Council. He asked to hear from staff for purposes of
clarification as to why the delegation is requesting to speak on the matters
tonight.
Annika Santalahti, Zoning Administrator. Currently pending before the
Planning Commission is Conditional Use Permit No. 3492 at the northeast corner
of Weir Canyon Road and Serrano for a center that includes a service station,
car wash, automotive repair, etc., and other commercial uses. This was
continued at the Planning Commission until next Monday, March 23, 1992. She
understands, however, that the applicant is probably going to be asking for a
further continuance. It is at least more than a month away before this item
will be coming to the Council. There is also a prior Conditional Use Permit
No. 3228 approved in 1989 for a similar proposal but with a smaller square
footage. That the Planning Commission granted a time extension until
December, 1992. She is not clear what the concerns are other than the new
proposal is still pending before the Planning Commission.
Mayor Hunter asked to hear from a spokesperson of the group present tonight.
182
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
Mr. Kjell Bo, 400 S. Rosebud Court, Orange, 92667. He is representing the
residents in Sycamore Canyon. He then read from a prepared statement the
essence of which was as follows:
The concern is with the business proposed under Conditional Use Permit
No. 3228 which will be located at the corner of Weir Canyon and Canyon Vista.
The residents of Sycamore Canyon do not want the business in their community.
It is for the construction of a car wash, gas pumps, lube and tune, a
multi-car bay mechanic garage for cars and trucks and. a B.F. Goodrich Tire
Center and other retail stores. It will be located in a residential area
surrounded by houses and a wildlife corridor. It is zoned commercial which
they accept, but it is far more appropriate for small neighborhood stores.
Volumes of noise will issue from the mechanic garage, the car wash, the
lube and tune and the tire center. The gas station will also add to the
negative effect of the center. There will not only be an adverse impact on
the residents, but also the wildlife corridor next to it as well. Very few of
the residents had purchased their homes when CUP No. 3228 was granted. The
builder never discussed what was to be built there. They are asking the
Council to request the Planning Commission to do a fact-finding study of its
own to validate or dispute the statements on the initial EIR as to the
suitability of the business at the location and to withhold any granting of
building permits until this has been done and that no additional time
extension be given on CUP No. 3228. They submitted ninety signatures and
fifty letters at the Planning Commission meeting on February 24, 1992. They
have never been notified of the CUP at any point in time.
Joel Fick, Planning Director. There are two permits. One is pending and it
sounds like the residents are informed of that and in tune with the Planning
Commission meetings and hearings. The existing permit is valid until
December. Relative to the issue of any further time extension should there be
one requested before the Planning Commission, he assured them the message
would have been heard by that time. The applicability of the request to deny
building permits should the developer choose to exercise the old permit which
is still valid is an issue they would have to discuss with the City Attorney's
Office.
Mayor Hunter. He requested that staff get Mr. Bo's address and inform him of
the Planning Commission meetings and any other activity involving the issue
and the concerns of the residents.
Sarah Collins. She wants to thank Richard Bruckner and Eric Nicoll of
Community Redevelopment and Steve White, Redevelopment Commissioner and other
members of the Redevelopment Commission who were instrumental in getting
5 million dollars passed on to the Anaheim School Board. She is representing
Benito Juarez School and is present to say thanks. They are most appreciative
of the money which will certainly help with some of the problems at their
school.
Amin David. He wants to know if citizens will have the chance to address the
Council on district elections at the same time term limits and limits on
campaign contributions are discussed by the Council.
183
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
City Attorney, Jack White. The only items currently agendized relating to the
elections for Council discussion on April 7, 1992 are campaign contributions
and term limits. If the Council wants to agendize district elections that
item would need to be added as a separate subject.
Council Member Ehrle. He has received a number of phone calls from the HOME
Group, Los Amigos and different areas of the community. He feels it would be
an appropriate item to discuss on the same date rather than talking about them
separately. If there is a consensus, he would like to recommend the Council
hear that item as part of the campaign reform issues.
MOTION-. Council Member Ehrle moved to agendize for discussion district
elections as an additional item on the April 7, 1992 meeting, along with term
limits and campaign contribution limits. Council Member Hunter seconded the
motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Daly, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Council Member Pickler
offered Resolution Nos. 92R-45 through 92R-55, both inclusive, for adoption.
Refer to Resolution Book.
Al. 105: Receiving and filing minutes of the Anaheim Public Library Board
meeting held January 22, 1992.
135: Receiving and filing minutes of the Golf Advisory Commission meeting
held January 23, 1992.
105: Receiving and filing minutes of the Anaheim Private Industry Council
meeting held January 23, 1992.
105.- Receiving and filing minutes of the Community Redevelopment Commission
meeting held February 19, 1992.
114: Receiving and filing Resolution No. 2982 from the City of Westminster in
support of the use of capital punishment.
A2. 150: Awarding the contract to the lowest and best responsible bidder,
Sturgeon Electric, in the amount of $56,170 for Brookhurst Security Lighting
and Electrical Panel, and in the event said iow bidder fails to comply with
the terms of the award, awarding the contract to the second iow bidder, as
well as waive any irregularities in the bids of both the iow and second iow
bidders.
A3. 155: Adopting a Negative Declaration of Environmental Impact for the
critical intersection construction at State College Boulevard and Orangewood
Avenue on the basis that the Initial Study indicated no substantial evidence
that the project will have a significant effect on the environment.
A4. 151: Approving the Encroachment License (91-4E) for one (1) water
monitoring well in the median strip at 2430 E. Katella Avenue, as requested by
Malibu Grand Prix.
A5. 144: Approving the Right-Of-Way Certification Acquired for Arterial
Highway Financing Program (A.H.F.P.) No. 1296, Ball Road (Santa Ana River
Bridge to Sunkist Street), and authorizing the Mayor and City Clerk to execute
the certification.
184
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
A6. 169: RESOLUTION NO. 92R-45: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE CERTAIN
CERTIFICATIONS ON BEHALF OF THE CITY OF ANAHEIM. (Pavement Management
System. )
A7. 144: RESOLUTION NO. 92R-46: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY
AND THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO INCLUDE WITHIN THE
ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF
CERTAIN ARTERIAL HIGHWAY PROJECTS (1992-1993) .
A8. 160: Accepting the low bid of Helipower Service, in an amount not to
exceed $82,000 for the overhaul of one turbine engine for Police helicopter
Nl1082, in accordance with Bid ~5021.
,
A9. 160: Accepting the bid of PC Systems Design, in the amount of $79,421.58
for computer hardware equipment, in accordance with Bid #5017.
Al0. 160: Accepting the low bid of McAvoy and Markham, in the amount of
$26,400 for 400 urban network meters, in accordance with Bid $5018.
All. 160: Accepting the bid of Joslyn Power Products Corp. c/o Matzinger &
Keegan, in the amount of $255,892 for forty-four (44) SF-6 subsurface
switches, in accordance with Bid ~5019.
Al2. 160: Accepting the bid of Cummins West, in the amount of $23,158 for
one (1) each automatic transfer switch, in accordance with Bid $5005 and
specification $E-103-91.
A13. 160.- Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Spartan Helicopters, in the amount of $21,132 for a
custom overhaul of the main rotor transmission for helicopter N1607A.
Al4. 123.' Approving an agreement with Deloitte & Touche for the three-year
term covering 1991/92 through 1993/94, for auditing services, in the amount of
$69,500 for the fiscal year ended June 30, 1992, $73,000 for the fiscal year
ended June 30, 1993 and $76,500 for the fiscal year ended June 30, 1994.
A15. 153: RESOLUTION NO. 92R-47,: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (Creating the
classification of Assistant City Attorney- Public Utilities, effective
3/13/92.)
Council Member Ehrle asked for clarification relative to this agreement - if
this was a current position moving over into the Utilities Department.
City Attorney White. This is a new position that would be funded by Utility
Funds rather than the General Fund. It is not a current position being
shifted around. He explained the reason for the proposal - in essence, there
is not adequate staff to handle the volume of work that is coming both to his
office from the Public Utilities Department as well as legal work funneled to
outside counsel because of the lack of staffing in the City Attorney's Office.
He has discussed with Mr. Aghjayan, the Public Utilities General Manager, the
desirability of creating this position which would be devoted entirely to
serving the needs of the Public Utilities Department.
Al6. 153: RESOLUTION NO. 92R-48: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-49 WHICH ESTABLISHED RATES OF
185
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (Creating the classification of
Senior Security Guard at the Convention Center, effective 3/13/92. )
R~_SOLUTION NO. 92R-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 92R-20 WHICH ESTABLISHED RATES OF COMPENSATION
FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY. (Transferring the
classification of Security Supervisor from the General Unit to the Supervisory
Unit, effective March 13, 1992. )
A17. 153: RESOLUTION NO. 92R-50: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS UNREPRESENTED PART-TIME.
(Creating the part-time classification of Utilities Generation Intern,
effective 3/13/92.)
A18. 153: RESOLUTION NO. 92R-51: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING PROVISIONS OF THE UNIFORM PATROL TWELVE PLAN AS
IT RELATES TO SWORN POLICE MANAGEMENT EMPLOYEES.
Mayor Hunter. He referred to a recent poll/survey done and published by the
Los Angeles Times showing the Anaheim Police Department had an 87% approval
rating by its citizens. Currently, Anaheim has 345 sworn police officers with
a population of 275,000 or a ratio of 1.25 officers per 1,000 population.
Recent Council actions will eventually extend the boundaries of the City to
the Riverside County line making it geographically one of the largest in
California covering over 50 square miles. The City has over 20 million
visitors a year with Disneyland, Anaheim Stadium and the Convention Center.
The Anaheim Arena will be completed in 1993 and Disneyland is proposing a
major expansion. In cities throughout the nation with a population between
250,000 and 500,000, talking about total staffing of sworn and non-sworn
personnel, Anaheim ranks 230th out of 230. The Transient Occupancy Tax (TOT)
was recently increased from 11% to 13% - .6% of the 2% increase was used to
expand the Convention Center facilities. Tonight he is asking that the
Council allocate .4% now to provide the needed Police protection in the
Commercial Recreation Area. He believes this is with the approval of the
hoteliers and the Visitor & Convention Bureau. It will be an acceleration of
the bed tax to come into the General Fund in order to immediately higher more
police officers. He is directing the City Manager to meet with the Police
Chief on the matter. The number one priority in the City is Police protection
and the issue of gangs and drugs.
MOTION: Council Member Hunter moved to direct the City Manager to meet with
the Chief of Police and report back to the Council at the next Council meeting
(March 24, 1992) with a plan for hiring new police officers utilizing a
portion (.4%) of the Transient Occupancy Tax. Council Member Daly seconded
the motion.
Before a vote was taken, Council Member Daly stated he is in strong support of
the proposal. He pointed out, a few months ago when the Council voted to
raise the bed tax, at that time he requested and did not receive support for
the idea that they hire more Police Officers before expansion of the
Convention Center. He (Daly) is also requesting a report from the City
Manager on how many Police Officers have been added in support positions in
the last 2 years, where they have been placed, how effective they have been
and also a report comparing the percentages of sworn officers to the overall
size of the Department and how that compares with cities of comparable size.
He has a feeling that decisions made 15 and 20 years ago to civilianize the
Department, i.e., taking as many officers as possible who were working and
186
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
putting them in the streets and then civilianizing the jobs that were
remaining, non-sworn personnel, put the City in a bind and it is necessary to
work their way out of that bind. Those were decisions made many years ago
that perhaps should be reversed.
Council Member Pickler. He concurs with the recommendation. At the time the
Council approved the .6% for the Convention Center, he said he would support
that process if they were going to take a look at possibly .4 or .5% for more
Policemen. He feels this would give the funds necessary to devote to Police
in the streets fighting gangs and drugs. He will leave it to the City Manager
to come back with a plan.
Council Member Ehrle. There have been ongoing studies with citizen's groups
and many have come and addressed the Council urging a resolution to the gang,
drug and crime problems in the City. The Council tonight is saying they are
going to declare a war on these problems.
A vote was then taking on the foregoing motion by Council Member Hunter,
seconded by Council Member Daly and carried unanimously.
Al9. 153: Approving revised 1992 rates for the CIGNA Healthplan, and
authorizing the Human Resources Director to execute all required documents on
behalf of the City.
A20. 123: Authorizing the Public Utilities General Manager to sign the
Memorandum of Understanding between the City of Anaheim and Municipal Water
District of Orange County (MWD~), whereby both parties agree to defer the
construction of the Pump Station in Phase IIA of AMPFAP, as recommended by the
Public Utilities Board at their meeting of February 20, 1992.
A21. 175: RESOLUTION NO. 92R-52: Adopting the proposed revisions to the
Electric Rates, Rules and Regulations and approve proposed revisions to the
Thermal Energy Storage rebate. (As recommended by the Public Utilities Board
at their meeting of March 5, 1992. )
Council Member Daly asked staff to comment on the benefits of the proposed
change which was recommended unanimously by the Public Utilities Board.
Public Utilities General Manager, Ed Aghjayan briefed the Council on the
benefits of the proposal emphasizing in closing that they will not be
subsidizing the businesses involved; Council Member Daly as he understands,
this volume discount pays for itself.
A22. 123: Approving the First Amendment to Attorney Services Agreement w£~h
Donald Maynor to provide legal services to the Utilities Department.
Council Member Ehrle. He asked if in this case it would not be wiser to get
two full-time Utilities Attorneys rather than one full-time as proposed in
Item Al5 and one part-time as proposed in this case.
City Attorney White. Possibly in the future they may well come back with that
recommendation depending upon how it works when they hire the full-time,
on-staff person devoted to nothing but Utilities work. For $50,000, they are
not going to be able to hire a full-time person experienced in Utilities which
is what they are looking for in house. The total cost in that case would be
approximately $80,000 to $85,000 annually. The services that Mr. Maynor is
currently rendering are very limited and specialized which he explained.
Staff is confident they will be saving more money in outside counsel cost than
would be spent by adding this position. He confirmed for Council Member Ehrle
187
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
that this service would not be taking the place of Allan Watts who is
presently Co-Bond Counsel on a variety of issues. They will be reducing
reliance on the various outside firms. In the future, there may be the
ability to actually eliminate entirely some of the suppliers from outside.
A23. 158: RESOLUTION NO. 92R-53: Accepting certain deeds conveying certain
real properties or interests therein to the City of Anaheim.
A24. 123: Approving the Loss Rent Agreement with Robert N. Rindt and Truck
and Auto Supply, Inc., dba Trucparco, in connection with property located at
1650 and 1654 S. Douglass Road; and authorizing the City Manager or his
designee to execute said agreement and any other related documents necessary
to implement its terms.
A25. 123: Approving the Settlement Agreement and Mutual Release with Oberg
Backhoe Service, in the amount of $16,394, in connection with property located
at 1650 S. Douglass Road; and authorizing City Manager or his designee to
execute the Agreement and any other related documents necessary to implement
its terms.
A26. 177: Authorizing submission of an application for funds, under the HOME
Investment Partnership Act, and authorizing the Mayor and the Executive
Director to execute the necessary documents and certifications for submission
of the application to the U.S. Department of Housing and Urban Development
(HUD).
106: Amending the Resource Allocation Plan to increase revenues in account
no. 78-3117 and expenditures in account no. 78-214 by $1,437,000 each.
A27. 123: Approving an Agreement with the Anaheim Senior Citizens Club,
Inc., to accept the Club's $3,500 donation to fund evening, weekend, and
special event staffing support at the Anaheim Senior Citizens Center for
March 13 through June 30, 1992.
106: Amending the Resource Allocation Plan to increase revenues and
expenditures in the amount of $3,500 in account 01-278.
A28. 123: Approving a Second Amendment to an agreement with T.I. Maloney,
Inc., in the amount of $6,640, for revisions to the construction documents for
the Boysen Park General Development project.
A29. 153: RESOLUTION NO. 92R-54: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR PART-TIME
JOB CLASSIFICATIONS REPRESENTED BY THE HOSPITAL & SERVICE EMPLOYEE UNION,
LOCAL NO. 399 AND RESCINDING RESOLUTION NO. 89R-66, AND AMENDMENTS THERETO.
A30. 153: RESOLUTION NO. 92R-55: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR PART-TIME
JOB CLASSIFICATIONS REPRESENTED BY THE GENERAL TRUCK DRIVERS UNION LOCAL
NO. 952 AND RESCINDING RESOLUTION NO. 89R-67, AND AMENDMENTS THERETO.
A31. 123: Approving the attorney services agreement with the firm of Gibbs,
Giden, Locher & Fleming for legal services concerning the Police 2000
construction project Whiting-Turner Contracting Company.
A32. 123: Approving a Third Amendment to Lease with One Ninety-Eight
Associates, a California General Partnership, for office space at the Willdan
Building on a month-to-month basis, to accommodate the Field Engineering
Division.
188
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
A33. Approving minutes of February 11, 1992.
Roll Call Vo~l on ~elolution Nol. 92R-¢5 ~hrough 92R-55 fo~ adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS.- None
The Mayor declared Resolution Nos. 92R-45 through 92R-55 duly passed and
adopted.
End of Consent Calendar. MOTIONS CARRIED.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 179.- CONTINUED PUBLIC HEARING - TO CONSIDER TERMINATION OF
RECLASSIFICATION NO. 67-68-68:
The Public Hearing was held on March 3, 1992 and continued to this date.
PORTION 1:
At the meeting of January 28, 1992, an ordinance was proposed to rezone
property under Reclassification 67-68-68 (8) (752 N. East Street), and the
ordinance was not introduced. Staff was subsequently directed by Council to
schedule a public hearing to consider the termination of Resolution
No. 68R-220 (R67-68-68).
The property which is the subject of the Reclassification is described as
follows:
A rectangularly-shaped parcel consisting of approximately 0.4 acre having a
frontage of 95 feet on the east side of East Street, being located
approximately 240 feet south of the centerline of La Palma Avenue, and further
described as 752 North East Street.
PORTION 2~
City staff initiated this proposed action which relates to other parcels under
Reclassification 67-68-68 which have not as yet been rezoned into the RM-1,200
zone. The basis for the proposed action is that (1) the proposed RM-1,200
zoning does not comply with the Low-Medium Residential Density of the Anaheim
General Plan, and (2) the owners of the subject parcels have failed to satisfy
all conditions of approval (applicable to the aforesaid parcels) imposed in
Resolution No. 68R-220. Said parcels are currently zoned RS-7,200 which
zoning complies with the Anaheim General Plan.
The property which is the subject of this proposed action is:
An irregularly-shaped parcel consisting of approximately 0.9 acre having a
frontage of 150 feet on the east side of East Street and being located
approximately 335 feet south of the centerline of La Palma Avenue; and
189
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
A rectangularly-shaped parcel consisting of approximately 1.4 acres located on
the northeast corner of Wilhelmina Street and East Street, and having
frontages of approximately 221 feet on the east side of East Street and 271
feet on the north side of Wilhelmina Street.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - February 20, 1992
Mailing to property owners within 300 feet - February 20, 1992
Posting of property - February 21, 1992
Annika Santalahti, Zoning Administrator. At its meeting of March 3, 1992 the
matter was continued at the request of two property owners of the underlying
property. She then explained why the matter was before the Council today (see
minutes of March 3, 1992). Staff continues to recommend denial and that the
reclassification and the Paren Case (8) should be terminated at this time and
no further action be taken other than some future reclassification that may be
applied for by property owners consistent with the General Plan.
City Attorney Jack White. There are several parcels involved and there may be
several agents or owners who have an interest. The hearing can be conducted
jointly all as one public hearing. The actions will be divided into two
parts. There are two resolutions on the agenda. The first resolution relates
to an individual lot at 752 N. East Street and the second resolution relates
to the other parcels in the same area that have yet to be rezoned into the
RM1200 zoning designation.
Mayor Hunter opened the public hearing and asked to hear from those who wished
to speak.
Phil Schwartze, the PRS Group, San Juan Capistrano, representing Massoud
Monshizadeh. The documents submitted on the applicant' s behalf (see memo
dated March 16, 1992 - made a part of the record) explains his request.
Mr. Monshizadeh has complied with the conditions as requested by the City,
submitted the application and requests that the Council take the action to
rezone the property to RM1200.
Bob Pacho, 738 S. Mancos, Anaheim. His mother is the owner of the property at
752 N. East Street. There was supposed to be an agent present this evening
(Mr. Schwartze was the agent). As a citizen, he agrees there has been a large
increase in population. His mother resided at the location for 34 years.
There is a home about four doors south of the residence and it is zoned RM1200
which was before the 1988 change in the General Plan. On one side of his
mother's house is a gas station at La Palma and East Street and on the south
side is a preschool facility. Directly behind are other apartments zoned
RM1200. She is boxed in. They feel that there could be some variance made on
this particular piece of ground, i.e., the entire side of the east side of
East Street from La Palma to Wilhemina. He would like to see the Council act
on that and allow Mr. Monshizadeh to build apartments at that location. He is
in favor of having the zone change to RM1200.
COUNCIL ACTIONs There being no further persons who wished to speak; Mayor
Hunter closed the public hearing.
City Attorney White. There are two resolutions to consider, the first
relating to reclassification of 752 N. East Street (Portion 1) and the other
resolution relating to the remaining parcels terminating the provisions of the
existing reclassification resolution (Portion 2).
190
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Pickler, seconded by Council Member 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 - RESOLUTIONS.' The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 92R-56 and 92R-57 for adoption. )
Council Member Pickler moved to waive the readings in full of the resolutions.
Council Member Hunter seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution Nos. 92R-56 and 92R-57 for adoption
determining that the zoning on both Portion 1 and Portion 2 will not be
changed. Refer to Resolution Book.
RESOLUTION NO. 92R-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN
A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED.
RESOLUTION NO. 92R-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING CITY COUNCIL RESOLUTION NO. 68R-220 AS TO CERTAIN PARCELS
DESCRIBED THEREIN.
Roll Call Vote on Resolution Nos. 92R-56 and 92R-57 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 92R-56 and 92R-57 duly passed and adopted.
Council Member Daly. He wanted to acknowledge Mr. Pacho's concerns since he
raises a good point. However, he cast his vote against rezoning to RM1200
because it is consistent with the General Plan adopted some time ago and
consistent with the wishes of the overwhelming majority of people who live in
that area of town.
D2. 174: PUBLIC HEARING - EIGHTEENTH YEAR (1992-1993 } COMMUNITY DEVELOPMENT
BLOCK GRANT ( CDBG ) PROGRAM. AND BUDGET ~
A~roving the fiscal year 1992-1993 CDBG Program and Budgetf in the amount of
$2,629,000, as recommended by the Communitywide CDBG Citizen Participation
Committee.
Lisa Stipkovich, Executive Director of Community Development. This public
hearing is for the Council to consider the proposed CDBG Program and Budget
for 1992-93. Staff is asking that after the hearing this evening Council
approve the budget in order for staff to submit the application to HUD in a
timely manner. Mr. Keith Olesen, Chairman of the Communitywide CDBG Committee
is present to address the Council. Also submitted is report dated
February 20, 1992 from the Community Development Department recommending
approval of the subject program and budget as recommended by the Committee
attached to which are the budget recommendations, the list of funding request
received and minutes of the three neighborhood meetings held November 13 and
December 5, 1991 and February 19, 1992.
191
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
Keith Olesen, Chairman, Communitywide CDBG Committee. He referred to the
report and recommendation submitted specifically the CDBG Committee draft
budget recommendation for 1992-1993 totaling $2,629,000. The recommendations
of the Committee are a result of a great deal of discussion and work including
several neighborhood meetings. The 13-member committee also visited those
agencies who requested funds. Eight (8) of the members are from target areas
and the balance from the City's Boards and Commissions. He then introduced
those members who were present in the Chamber audience. It took about 400
hours to formulate the recommended budget which they are requesting that the
Council approve this evening as submitted.
Council Member Daly then asked questions of Mr. Olesen relative to the 15%
"cap" for allocation to social services as well as the amount allocated for
citizen participation of $100,000.
Mayor Hunter opened the public hearing and asked to hear from anyone who
wished to speak to the proposed program and budget.
George Abess, 12680 Coda Lane, Garden Grove. He is a practicing attorney and
a property owner in the City. He attended the CDBG hearings to express his
concern. It is necessary to hire bilingual Police Officers and Code
Enforcement Officers. The Code Enforcement Officer in the Jeffrey Lynne area
does not speak Spanish. It is not an effective use of tax dollars. It is
important for Police Officers to be able to communicate with the population it
serves. He is requesting that the Council reinforce that position - that
officers be hired who are bilingual. He is requesting that funding be
conditioned to be used for the payment of bilingual, Spanish speaking
officers since that is the largest minority in the City. He also believes
that the effectiveness of Police Officers should be measured in the crimes
that are prevented on an annual basis and that the Police Department should
look at promoting and measuring the prevention of crime.
Mayor Hunter. The way to be able to hire bilingual officers is to offer an
incentive in the form of bilingual pay. He believes the City of Anaheim has
the lowest bilingual pay scale in Orange County. Otherwise, there would be
many lateral transfers of Latino and bilingual Police Officers to Anaheim.
Council Member Daly. Relative to bilingual Police Officers, this is CDBG
funding. He would like the Council to support a request to the City Manager
for a report on the number of bilingual personnel in the Police Department
including in the patrol area and the special teams such as Community Policing,
the Jeffrey Lynne Area Team, etc., how Anaheim does compare to other cities
and what it would take for Anaheim to perform better in the area of bilingual.
Mayor Hunter added that he would like to have figures on the bilingual pay
scale.
Richard Melly, he is representing the Dale McIntosh Center for the disabled.
He is glad to hear that the cap of 15% has not yet been met since there may be
room for additional funding for the work of the Dale McIntosh Center. They
run a shelter called Hearth House which helps homeless people with
disabilities who need emergency shelter assistance, i.e., a person in a
wheelchair who needs homeless assistance and is on the street. There is no
other shelter in Orange County that tends to this population. The Hearth
House is located in Garden Grove - the center is located in Anaheim. It is
anticipated that Hearth House will serve some forty (40) Anaheim residents
this coming year. He is hoping the Council will reconsider their request for
funding.
192
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
Lisa Stipkovich. She explained for the Council that there is technically
additional money that could be allocated to social services in the form of the
15% cap. The Council could spend up to $393,900 on social services and stay
within the HUD cap. However, the Committee has totally allocated all the
money in other categories and only $73 is left in contingency. In order to
accommodate the Dale McIntosh request for $5,000, the problem is where to take
the money from. There are no funds available above $73 unless funds are moved
from another line item. Ail funds have been totally allocated.
Council Member Ehrle. The Committee has done and continues to do an
outstanding job in allocating CDBG Funds. One concern he has is relative to
Code Enforcement and the allocation of $579,888 as well as $75,000 in legal
fees which represents almost 24% of the 2.6 million. He is a strong supporter
of Police Officers and law enforcement, but also believes that a great portion
of the Code Enforcement budget as allocated should be the responsibility of
the City's General Fund. CDBG Funds should be used for community-based
organizations. Before voting on the recommendation tonight, he wants a
complete report on Code Enforcement, how many officers currently, where the
funds are going, the hours, etc.
Keith Olesen. To give an idea of the significance that Code Enforcement
plays, it is its own category under HUD rules and regulations for CDBG Funds.
Code Enforcement is an integral part of achieving the end goals that HUD has
set out for the use of CDBG Funds - eliminating slums and blight and
improving neighborhoods. One of the ways is to enforce the rules and
regulations that exist in the City through Code Enforcement. It would be
great if the General Fund had the money to do that but that is not going to
happen. The need is greater in the target areas and they require above and
beyond the average City level of Code Enforcement activities. Because the
need is so great, the CDBG Committee, Neighborhood Councils and the residents
living in those areas feel it is only right to devote extra money to those
activities. Out of all of the items in the budget and all the things
requested, the two things that were unanimously agreed upon by the entire
committee were the gang unit and the code enforcement activities. It tells
where the people who live in these areas are putting their priorities. It is
one of the only ways that the people have to take back their neighborhoods.
Council Member Ehrle. He accepts that explanation but would still like to
have a report from the Code Enforcement Manager; Council Member Pickler stated
he believes that the information requested can be supplied through the City
Manager · s Of f ice.
MOTION~ ¢0un¢il Member ?ickler moved t0 a99r0¥e the Fiscal Year 1992-1993
CDBG Program and Budget in the amount of $2,629,000 as recommended by the
Communitywide CDBG Citizen Participation Committee. Council Member Hunter
seconded the motion.
Before a vote was taken, Council Member Daly asked if there was a possibility
that the Federal Government will release any additional CDBG Funds; Lisa
Stipkovich. They do not anticipate that occurring at this time.
Council Member Daly. Relative to the Orangewood Foundation request to expand
the Orangewood Home for Abused Children, seven or eight years ago when the
home was first discussed, all cities in Orange County contributed a share of
CDBG Funds to build the first phase of the home. He asked if they were
requesting all cities in Orange County to contribute.
Lisa Stipkovich. Her understanding is that they are asking everyone again.
Since she was working on Block Grant at the time, she recalls they did fund
193
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
$224,000 originally which was the largest contribution from any city. She
believes they are back out asking all the cities for additional contributions.
The committee decided not to fund that request.
Council Member Daly asked if the $50,000 request was based on Anaheim share of
the countywide population.
Bertha Chavoya, Housing Manager. Her recollection is that is how they
requested the funding - it is the City's share.
City Manager, James Ruth. He received a couple of calls from Mr. Stiler from
Orangewood as late as today indicating they would take substantially less.
They are in dire straits and were asking for some consideration from the City
Council. He (Ruth) indicated based on the recommendations of the CDBG
Committee, they were not being recommended for additional funds this year but
will consider funding next year. Some other cities have contributed but are
having the same problems as Anaheim. He has even looked at the Council
contingency fund as a possibility but there are no funds available.
Lisa Stipkovich then clarified for Council Member Daly that a decision tonight
will be the final decision. The recommendation is to approve the funding
tonight in order to submit the application for HUD review and approval. This
typically would be the last time for the Council to act. She also clarified
that they anticipate spending all the money this year in the line items
referred to by Council Member Daly which are part of their neighborhood
preservation operation in Community Development. They anticipate expending
all that money this year. Funding levels are lower than what they requested.
This is a scale-back budget but they do not anticipate any problems spending
it. There is more demand than supply of money.
A vote was then taken on the foregoing motion to approve the CDBG Program and
Budget (1992-1993) as recommended by the CDBG Citizen Participation Committee
and was approved unanimously by the Council.
D3. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 326 AND NEGATIVE
DECLARATION:
Initiated by the City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805.
An amendment to the City of Anaheim General Plan incorporating the proposed
Growth Management Element. This Element represents the City's most current
expression of Growth Management policies and is the key resource document for
growth management concerns. The Element lists the current and future status,
goals and policies for the following services/facilities: land use, police,
fire library water, electrical, circulation, air quality, parks and open
space, sanitary sewer, storm drain, flood control, schools as well as an
implementation program.
ACTION TAKEN BY THE PLANNING COMMISSION.'
General Plan Amendment No. 326 APPROVED (PC92-28) (6 yes votes and 1
abstained).
Approved Negative Declaration
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - March 5, 1992
Mailing~to property owners within 300 feet - March 4, 1992
Posting of property- March 6, 1992
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated March 9, 1992, also see City
of Anaheim Growth Management Element - February 1992.
194
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
Joel Fick, Planning Director. The Growth Management Element (GME) is a new
element to be added to the City's existing General Plan and establishes goals
and policies citywide relative to Growth Management. He then briefed the
information contained in the staff report to the Planning Commission dated
March 9, 1992 giving the background relative to the development of the plan
initiated by Council direction to staff in 1989 to develop a Growth Management
Plan (GMP) to set forth the City's goals and policies up to its presentation
before the Council today. (See - City of Anaheim - Growth Management Element
- February, 1992 - made a part of the record. ) The Planning Commission
recommended adoption of General Plan Amendment No. 326 - the Growth Management
Element including the implementation programs. The Commission is also
recommending a few changes which have been incorporated and shown on the
errata sheets already received. Further, staff received two letters today -
one from Foothill Community Builders dated March 9, 1992 supportive of the
document, but including constructive comments. A second letter was received
by the City Attorney from the attorney for the Anaheim Elementary School
District suggesting several changes to the Growth Element. Staff continues to
recommend adoption of the element as presented but that the City looks forward
to continue working with the School District to address mitigation
alternatives as they have worked with other districts in their facility
planning.
City Attorney, Jack White. He suggested that the Council first call upon any
persons in favor of the Congestion Management Element as drafted and submitted
by the Planning Commission with the errata corrections. Secondly, after
hearing those persons, to hear everyone who wishes to speak either in
opposition to the element or wishes to speak requesting revisions to the
element after which the Council would close the public hearing and initiate
discussion among Council Members or address specific questions to staff or
members of the public.
Mayor Hunter. The plan before the Council tonight is not "cast in cement"
just as the City's General Plan. The Mayor then asked to hear from those who
wished to speak to the proposed Growth Management Element of the City's
General Plan.
Frank Remkowitz, Director of Research, Planning and Information Services,
Orange Unified School District. He is present to provide support to all
school districts who provide educational services to the children of the City.
They have an opportunity this evening to provide a strong and united
partnership to the Growth Management Element of the General Plan. That
element should contain language that permits school districts to negotiate
with developers for full mitigation of the impact of their developments and
how they impact public schools. It will provide the same strong support the
Council has shown over the years for school districts that must deal with
large developments such as Mountain Park and Cypress Canyon, but this time for
the in-fill developer as well which perhaps is even more critical. In the
future, most of the major land has now been proposed for development but there
is still a need for equity. They have assured the Irvine Company and the Coal
Company that all developers no matter how big or small will be treated with
the same equanimity by adding the language that has been suggested in the past
or similar language. He also indicated he is available to answer questions
relating to the matter.
The following people spoke to the Growth Management Element of the Growth
Management Plan:
Dr. Elizabeth Shuck, Principal/Administrator, Price Elementary School.
195
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
Cathy Waller, President, Anaheim Elementary Education Assoc., 631 S.
Brookhurst, Anaheim.
Vivian Johnson, 1061 Avocado Way, Anaheim Teacher at Horace Mann School
Barbara Clendening, School Board President, Magnolia School District.
Nancy Cummins, 2104 E. Vermont.
Amin David, Member of the Growth Management Plan Citizens Committee.
Jan Miles, 2068 S. Gale Lane, Anaheim, PTA President (Stoddard Elementary
School).
Diane Rice, 1415 W. North Street, Classified Employee' with the School
District.
Jenny Scott, Teacher in Anaheim for 20 years (Stoddard School).
Reverend Don Dexter, 1867 Nutwood Place.
The major issues, concerns and requests to the Council from those who spoke
were as follows:
The myriad of problems facing schools statewide today are due to lack of
revenue and will intensify unless there is more funding for schools and
facilities. The effects of severe overcrowding in the City's schools is a
result of ever-growing student enrollment. To combat the problem, emergency
portables are being utilized on existing school grounds to accommodate
students resulting in a decrease of available and necessary playground space.
Year-round schools are in effect in some districts. Changes to the Growth
Management Element plan as proposed would be one way to solve overcrowding.
If the local school districts are able to work with developers and City
Planners and receive further mitigation above the current developer fees, the
whole education system will benefit. If no measures are taken, the quality of
education will be sacrificed for the sake of constructing more buildings. The
City Council can give the school districts the voice they desire. Teachers
are concerned about the growth of the City and ultimately how it effects
students in classrooms. Overcrowding is a hinderance to their commitment of
quality education. The increase in population due to new buildings is
partially due to the fact that the City is allowing builders to come in and
tear down existing houses 30, 40 and 50 years old in the downtown area and
replace those houses with high density apartments. Schools were not built for
that population. Quality of life for the children will decrease as the amount
of housing increases. It is necessary to look at what every project in the
community represents. It is important to be able to communicate with the
City. Add to the Flexible Growth Management Element of the proposed General
Plan Amendment language that would allow something with substance to be
reviewed on the negative impacts that "X" developments may have on schools.
The process should be one that asks for written input from school districts
and to carry on a dialogue. High density developments continue to exacerbate
the problem. There is a correlation between high density and crime. There
needs to be a moratorium on all apartment buildings from this point on. This
iS not new construction but the redeveloping of Old Anaheim. The likelihood
of floating a school bond in the City is not great. It is necessary to
address the problem of development impacting schools.
Sarah Collins. She reiterated her thanks to the Council for the $5,000,000
donated to the schools from the Redevelopment Agency. Some times the Council
does not get credit where it is deserved. It is a fact that more money is
needed for the schools. Speaking about the Benito Juarez School, their
concern is with the proposed apartments which they have been fighting. With
the $5,000,000 grant today, some of their problems are over. She is hoping
that the Council and the Anaheim Elementary School Board can get together to
work as a team.
196
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
Council Members then answered criticisms that the City generally and Council
Members personally have not done enough for the schools noting that not only
have they devoted personal time and effort on behalf of the schools and the
problems with which the schools and City generally are confronted, but that
they have also aggressively been down zoning large areas of the City to lower
densities and rejecting many high density developments not suitable in the
areas and locations proposed.
During the course of taking public testimony, Council.Members asked questions
of some of the speakers as well as questions of staff. Answering Council
Member Daly, Joel Fick, Planning Director reported that the Planning
Department has been tracking the number of building permits issued within
different areas of the City. In 1990, 297 building permits were issued for
dwelling units within the Elementary School District and in 1991, 158 building
permits were issued. There are approximately 83,000 housing units citywide.
Council Member Daly. The City Elementary School District covers about two-
thirds of the City. All of the older neighborhoods are in the City Elementary
School District. As an estimate two-thirds of the 83,000 units equals about
55,000 housing units. If there are 55,000 in the City Elementary School
District and in the last two years between 150 and 300 units per year have
been added, that puts the scope of the problem in perspective. What he is
leading to and the information he is after, how many of the students in the
school district and how much of the overcrowding problem is coming from
families and students in new housing, new apartments and condominiums being
built in the City Elementary School District versus school district versus
students living in existing neighborhoods. He lives in the Price Elementary
Attendance area and his house is 30 years old. There are not many new houses
being built in the part of town he lives in. His question is how much of the
student population growth is coming from new residents of Anaheim and new
housing units versus from the existing neighborhoods in the City some of which
are 30, 50, 75 or 100 years old. That information would be helpful to the
Council.
During the course of the presentations when the Stoddard Elementary School
neighborhood was being discussed, Council Member Daly noted that the school
was built approximately 25 years ago with community school bonds. He is
"mystified" why school bonds are not a part of the discussion tonight as a
revenue source. There are 22 schools just in the Stoddard District. Anaheim
High School is 75 years old down to the newest schools which were built by all
in the community. He is pledging to help any school district in Anaheim to
work on a school bond measure. He hopes school bonds are considered on option
as one of ~he solutions and he will work to get the two-thirds vote required.
Further, relative to the problem of overcrowding at Stoddard at present,
besides the two new projects recently approved in the area which have not yet
opened, he cannot think of any other housing built in that area for twenty
years. If the school is overcrowded, he questions where all the kids are
coming from.
Jan Miles (PTA President/Stoddard Elementary School) reported they are coming
from the hotels; Council Member Daly stated that is the information the City
needs from School District Staff. As well, how is new housing, condominiums
and apartments adding to the overcrowding problem. He also agrees that a lot
of overcrowding comes from existing apartments where more than one family is
living in a unit as reported during the presentations.
Council Member Pickler. He was a School Board member in the 1960s when there
was tremendous growth in the School Districts and many schools were built
which was prior to Proposition 13. To say that school bonds cannot be passed
197
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
is a defeatist attitude. The issue does not belong with the Council but with
the administration of the Anaheim Elementary School Districts and other
Elementary School Districts as well as the School Board to find property and
build other schools. With growth, there is the necessity to build more
schools and to provide housing for the people who are here. He does not want
to chase developers out of the City. He is not going to add to the General
Plan what the School District is asking. A plan is already in place. The
General Plan Element can be revisited and changed at any time. It is
necessary not only to sit down with Mel Lopez, Superintendent, Anaheim City
School District, but also with the School Board as well.
Joel Fick, Planning Director. In order for the City to impose the
requirements, there needs to be a nexus between what the impact is on the new
development and impact on whatever the service or facility is that is being
provided. One of the earlier speakers asked what is the current policy and
could the City just work with the School Districts in a better fashion and
dialogue better with them and seek their input. That is really the process
that has been taking place. Before any new development is submitted to the
City, the Planning Department requires the developers to submit a letter
stating that they have talked to the District and signed by the District.
Every staff report that goes to the Planning Commission has a specific
paragraph that addresses the school impacts as well as correspondence received
from the District on where the development is located. Staff provides that
information to the Planning Commission with every item they consider.
Council Member Daly. There are many ways to get schools built. If they asked
new home buyers to shoulder the entire burden of funding schools which is the
point of the proposal, those families living in over-crowded apartments are
not going to be able to afford to buy a home or move into a condominium. It
is necessary to look at the big picture. He asked that they remember what he
said about school bonds. They are a basic simple notion across the Country.
That is how schools are built. People who reside in the community who believe
in schools build the schools. Development fees are not meant to entirely
build schools but are meant to be a supplement. He reiterated, he will meet
with any group at any time to talk about getting new schools built. The 5
million dollar check received today from the Redevelopment Agency which is the
City Council, is the biggest check Mr. Lopez is going to receive for many
months. That is for new schools. The master plan for the Elementary School
District was just released only a couple of months ago, yet how long has the
District been overcrowded. It is not right and unfair to have City Hall
painted with the brush of blame.
Jean Blackwell, 507 Plymouth Place, President of the School Board and Teacher
in Anaheim for 30 years before she became the School Board President. She
gave an extensive presentation first thanking the Council and staff for
working hard and thanking those present tonight in support of requesting a
revision or addition to the Growth Management Element. She reiterated and
summarized the concerns expressed by those who had spoken adding her comments
and concerns. She emphasized it is important to understand the money the
Districts receive from the State Facilities Fee Program does not provide
adequate housing for students from new development. They are not present to
stop new developments, but are asking the Council's cooperation in developing
a way for the local School District to provide quality school facilities
required by that new growth. They are appreciative of the efforts of staff
and the Planning Commission to encourage .developers to meet and confer with
the District regarding school impacts, but the process has not worked. "Lets
make a deal" when it comes to voluntary mitigation of school impact by
developers usually means no deal at all. The Districts have been reminded by
the developers time and again that the only support they must contribute to
198
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
the schools is the State's Facility Fee of $1.58 per square foot of
development. Recent court decisions have determined that local Governments
are authorized to require developers to mitigate school impacts whenever the
City considers certain land use decisions. Since the announcement of these
court decisions, many cities and counties in Southern California have
undertaken cooperative efforts with their School Districts to mitigate impacts
on schools caused by new development.
They believe their City should also seize the opportunity to take back control
over the ability to mitigate overcrowding of schools. In the absence of
directory language in the City's Growth Element or a fixed school impact
mitigation fee, the City Attorney will confirm that School Districts have no
legal recourse other than to file lawsuits on a project-by-project basis.
They have instructed their lawyers to consult with the City Attorney to remove
all legal road blocks to progress. They have modified their requested
additions to the Growth Management Element. The revisions that were presented
to the City Attorney today are a result of those consultations. They are not
asking the City to forfeit control of the Planning of the City, but to assure
quality education facilities for the future of the City. Therefore, they are
requesting that the Council adopt the following addition to the Growth
Management Element that was proposed today.
"To provide that any new residential development requiring a legislative land
use entitlement such as Specific Plan, General Plan Amendment, change of zone
or Development Agreement shall be reviewed for potential impact on school
facilities and provide further that mitigation measures shall be approved as
appropriate to eliminate or reduce to a level of insignificance the impacts
contributable to such residential development. Provide that school mitigation
plans prepared by or on behalf of School Districts containing documentation of
the need for any level of mitigation that exceeds a total of revenue
anticipated to be received by the School District from the Development
Mitigation Fee established pursuant to Chapter 887, Statutes 1986, plus any
other source of funding available or anticipated to be available to the School
District for the provision of school facilities shall be reviewed and approved
by the City of Anaheim and used as a basis for the identification of specific
impacts. Provide for modification including phasing or denial of new
residential developments in that significant impacts on school facilities
could occur, adequate mitigations for said impacts have not been identified,
and the project proponent has failed to provide appropriate additional
information to address the potential impacts or otherwise find that overriding
considerations or law require approval of such projects."
In concluding she stated if the Council is not ready to adopt the proposal at
this time, she is asking that they continue the public hearing to permit City
staff an opportunity to consult with School District staff to review details
of the data and material submitted in support of the proposal.
Leonard Lahtinen, 2731 W. Savoy Place, Anaheim, Member Growth Management Plan
Citizens Committee. He feels it is necessary to defend the Citizens Committee
who worked on the plan. He is sensitive to some of the remarks made by the
speakers tonight. He is also a teacher in the Anaheim Union High School
District but he would like his colleagues to know that he did not turn his
back on schools and education. The Committee worked very hard. He explained
their process and while he cannot speak for the entire Citizens Committee but
only as one of the members, he focused on Growth Management and the need for
the City to have a reasonable and rationale Management Plan in place. The
Committee was very much concerned about a reasonable management of growth in
the future in the City of Anaheim. Ail of the discussion tonight has been
focused on one section of the Growth Management Plan, the school section.
199
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
There are sixty some school facilities within the City of Anaheim representing
a number of different districts. Tonight the Council has been hearing mainly
from the Anaheim City School District. The Committee was proceeding under the
assumption that they were addressing the issues they needed to address.
Perhaps there is need to revisit school fees.
Council Member Daly. He feels they should meet occasionally as the City
Council with School Boards although there are seven School Districts and 35
Board Members. At present, there is a City and Schools Coordinating Committee
which meets currently with City Manager, James Ruth and the superintendents.
A number of School Board members attend and he (Daly) represents the City
Council and they talk about the very matters that have been discussed tonight.
He feels they can probably improve that system by having the entire School
Boards periodically talk with them. He is disappointed that the
Superintendent of the Elementary District they are dealing with has not been
more forthcoming with his concerns.
Additional comments, discussion, and questioning followed between Council
Members, Mrs. Blackwell and staff. Also, Mr. Mel Lopez, Superintendent of the
Anaheim City School District, stated they are asking the Council to mitigate
the impacts of new development. Council Member Daly pointed out in the last
two years 300 housing units have been approved in Anaheim, yet the School
District documents state the District is growing by 750 students a year. Mrs.
Blackwell stated they are not asking for mitigation of the last 750 students,
but a provision for providing some additional funding for the new students
that will come in as new developments come in. They do not expect the City to
fund the School District, but are merely asking that new development approved
by the Council provide some funding for the children that come in. The
Council will be meeting with those developers to determine exactly what that
impact is that generates new students to be paid for by the people who are
profiting from that development.
Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION:. On motion by Council
Member Pickler, seconded by Council Member 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 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. 92R-58)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 92R-58 for adoption, approving
General Plan Amendment No. 326 incorporating the Growth Management Element
into the General Plan as submitted and incorporating findings as contained in
the staff report relating to environmental matters. Refer to Resolution Book.
RESOLUTION NO. 92R-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 326 ADOPTING A GROWTH MANAGEMENT
ELEMENT AND ADDING SUCH ELEMENT TO THE ANAHEIM GENERAL PLAN.
Before a vote was taken, Council Member Daly proposed a follow-on motion as
follows:
200
City Hall~ Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
MOTION: Council Member Daly moved to direct the City Manager to commence
meetings with the Superintendent of the Elementary School District and any
other superintendents who are concerned about growth issues and school
overcrowding issues to talk about mutually-arrived-at solutions - how City
Government can help the School Districts with their overcrowding problem,
school bond possibilities, further Redevelopment Agency Assistance and if it
is the desire of the School Districts, to have their School Board Members
involved. Council Member Hunter seconded the motion. MOTION CARRIED.
Council Members Daly and Hunter volunteered to be involved in those meetings.
A vote was then taken on the foregoing resolution adopting General Plan
Amendment No. 326.
Roll Call Vote on Resolution No. 92R-58 for adoptions
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 92R-58 duly passed and adopted.
Before concluding, City Attorney White asked to clarify some of the discussion
relating to the legal requirements. It would be appropriate to comment on the
legal implications and requirements that deal with the school crowding issue.
The conception tonight is if the City Council does not include the specific
language offered by the City School District, the City would be turning its
back on the children in the City or the City would not have the ability to
address the need for additional school facilities or the overcrowding issue at
a later date. In his opinion and as stated to the Council, under existing
case law as he interprets it - the three most recent being the Mira Case, the
Hart Case and the Murrietta Case decided by the Appellate courts in the last
three years - the City as a Charter City and through the City Council will
have the ability specifically to deny or to require mitigation of adverse
school impacts that are created by specific developments that come before the
City, either the Planning Commission or the City Council. Those will be ripe
at that time for input and this particular Growth Management Element, as well
as other provisions of the General Plan, does contain language that requires
the City to obtain input from the School Districts that are affected and to
consider that input at that time. Nothing in the Growth Management Element
will change any development densities in the City at this time. The land use
element creates what those densities are and that is not being amended. An
argument can be made by adding the language that has been received about noon
today from the School District's Attorney would create a possible
inconsistency with other provisions of the plan that could make the entire
General Plan vulnerable to attack. It may be counter productive. It does not
preclude the City or City Council from addressing overcrowding issues at a
later date. The City Council has been advised by his office that they have
the right to consider those an a case-by-case basis. Correspondence has been
received from Mr. Brown representing the City School District as well as
comments that he agrees with that the City Council can address these issues on
a case-by-case basis and may in some cases even be required to mitigate school
impacts. Regardless of whether this language is in the General Plan or not,
to the extent the City does not address those mandatory impacts, there may be
legal redress by the Districts. To say that somehow by the Council's action
tonight not adopting the language if that is interpreted as conveying to the
Districts, the public or the parents of students that the City Council is
unconcerned or will not in the future address the issues as they come up would
leave entirely the wrong impression. The City will address these issues in
201
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
the future. The City has a legal obligation to consider the matters on a
case-by-case basis.
RECESS: By General Consent the Council recessed for 10 minutes. (9.-16 p.m. )
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (9:26 p.m.)
A34. 105: APPOINTMENT TO THE PRIVATE INDUSTRY COUNCIL- PRIVATE SECTOR
CATEGORY .-
Council Member Simpson nominated Dona Hinson, Council Member Pickler seconded
the nomination for a four-year term on the Private Industry Council to replace
the vacancy left by Mr. Fred Bercher.
There being no further nominations Dona Hinson was thereupon unanimously
appointed to the Private Industry Council, Private Sector Category.
A35. 105: APPOINTMENT TO THE SENIOR CITIZENS COMMISSION:
To fill the unscheduled vacancy (Seymour term expires June 30, 1992). This
matter was continued from the meeting of March 3, 1992 to this date.
Council Member Daly nominated Irving Willing, Council Member Simpson seconded
the nomination.
There being no further nominations, Mr. Irving Willing was thereupon
unanimously appointed to the Senior Citizens Commission for the term expiring
June 30, 1992.
A36. 105: APPOINTMENT TO THE COMMUNITY REDEVELOPM~_NT COMMISSION:
To fill the unscheduled vacancy (Feldhaus, term expires June 30, 1995). This
matter was continued from the meeting of March 3, 1992 to this date.
Council Member Ehrle nominated Mr. Rene Lopez, Council Member Hunter seconded
the nomination.
Before further action was taken, Council Member Daly asked that for future
consideration, he would like to recommend Mr. William Sarti as a member of the
Community Redevelopment Commission. Mr. Sarti has submitted an application
and is on the list. He reiterated he is asking that the Council consider him
for the next available vacancy.
There being no further nominations at this time, Mr. Rene Lopez was thereupon
unanimously appointed to the Community Redevelopment Commission for the term
expiring June 30, 1995.
A37. 114: RATIFICATION OF APPOINTMENT - HAZARDOUS MATERIALS JOINT POWEB$
AUTHORITy:
Council Member Hunter moved to ratify the appointment of Council Member
Simpson to represent the City on the Hazardous Materials Joint Powers
Authority replacing Council Member Daly. Council Member Pickler seconded the
motion. MOTION CARRIED UNANIMOUSLY.
ITEMS Bi - B9 FROM THE PLANNING COMMISSION MEETING OF FEBRUARy 24, 1992
INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 17, 1992:
B1. 170: VARIANCE NO. 4136 (WITHDRAWN}, TENTATIVE TRACT MAP NO. 14429,
SPECIMEN TREE REMOVAL PERMIT NO. 91-07 AND MITIGATED NEGATIVE DECLARATION:
OWNERS: ED STERN, LINDA STERN, MANFRED A GLASTETTER, CHRISTA
GLASTETTER, GARY F. LYONS, DONNA LEE LYONS, RAYMOND W. PEARSON, PAMELA
J. PEARSON, CURTIS B. PEARSON, REITA BETH PEARSON, FRED GLASTETTER AND
202
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
LORI GLASTETTER
AGENT: FRED GLASTETTER, 25012 Via Del Rio, E1 Toro, CA 92630.
LOCATION: Property is approximately 8.4 acres located on the west side
of Henning Way approximately 350 feet south of the centerline of
Quintana Drive.
Waiver of minimum lot width to establish a 7-lot (plus a common lot,
RS-HS-22,000(SC), single-family subdivision.
To remove fifty-eight (58) specimen trees.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4136 is WITHDRAWN.
Tentative Tract Map No. 14429 APPROVED
Specimen Tree Removal Permit No. 91-07 APPROVED.
Approved Mitigated Negative Declaration.
B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3484 AND
NEGATIVE DECLARATION:
OWNER: FRANK H. GREINKE, P.O Box 4159, Orange, CA 92613.
AGENT: SOUTHERN COUNTIES OIL CO., P.O. BOX 4159, Orange, CA 92613.
LOCATION: 1431 North Raymond Ave. Property is approximately 0.61 acre
located at the southwest corner of Orangefair Lane and Raymond Avenue.
To permit an automobile service station with waiver of minimum
structural setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3484 GRANTED (PC92-16) (7 yes votes).
Waiver of Code Requirement APPROVED.
Approved Negative Declaration.
B3. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3487 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: HABITAT I, 1875 Century Park East, Suite 1880, L.A., CA 90067.
AGENT: FARANO AND KIEVET, 100 S. Anaheim Blvd., Ste. $340, Anaheim, CA
92805.
LOCATION: 1925 West Lincoln Ave. Property is approximately 5.7 acres
located at the northwest corner of Lincoln Avenue and Muller Street.
To permit a "mixed use" project consisting of a 3 and 4-story, 184-unit,
"deck type" apartment complex and 10,000 square feet of ground floor
commercial uses with waiver of minimum number of parking spaces, minimum
distance between buildings and required distance to elevators.
ACTION TAKEN BY THE P.LANNING COMMISSION:
CUP NO. 3487 DENIED (PC92-17) (6 yes votes and 1 no vote.)
Waiver of Code Requirement DENIED (5 yes votes and 2 no votes.)
Approved Mitigated Negative Declaration (4 yes votes and 3 no votes.)
The decision of the Planning Commission was appealed by the agent for the
applicant and a public hearing subsequently scheduled for March 24, 1992.
B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3451 AND
MITIGATED
NEGATIVE DECLARATION:
OWNERS: MILTON JOHNSON, CARLA BEATRICE JOHNSON, MILTON E. JOHNSON, JR.,
HAZEL C. JOHNSON, 1214 W. Katella Ave. Anaheim, CA 92802.
LOCATION: 511 - 521 South Manchester Ave.; 500 - 520 South Walnut
Street. Property is approximately 2.1 acres located at the southwest
corner of Manchester Avenue and Santa Ana Street.
To retain an auto repair, towing and dismantling facility (including the
storage and retail sale of used auto parts) and a temporary office
trailer with waiver of required improvement of parking and outdoor
storage area, minimum structural setback and improvement of setback
areas.
203
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3451 DENIED (PC92-18) (7 yes votes).
Waiver of code requirements DENIED.
Denied Mitigated Negative Declaration.
The declaration of the Planning Commission was appealed by the applicant and
therefore, a public hearing will be scheduled at a later date.
B5. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3493 AND
NEGATIVE DECLARATION:
OWNER: ASKLEPLOS HOSPITAL CORPORATION, 249 E. Ocean Blvd., Ste. 600,
Long Beach, CA 90802.
AGENT: RICHARD GOLD, 3350 W. Ball Road, Anaheim, CA 92804.
LOCATION: 3350 West Ball Road. Property is approximately 7.69 acres
located on the south side of Ball Road and approximately 1,068 feet east
of the centerline of Knott Ave.
To permit a mobile medical unit (trailer) with waiver of minimum number
of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3493 GRANTED (PC92-19) (7 yes votes).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3490 AND
NEGATIVE DECLARATION:
OWNER: WEIR PARTNERS, LTD., 10 Corporate Park, Ste. 220, Irvine, CA
92714
LOCATION: 701 Weir Canyon Road (Ste. 19). Property is approximately
11.9 acres located at the southwest corner of Weir CanYon Road and
Serrano Avenue.
To permit on-premise sale and consumption of alcoholic beverages in
conjunction with a semi-enclosed restaurant with waiver of minimum
landscaped setback adjacent to a scenic highway.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3490 GRANTED (PC92-20) - close 9:00 p.m. Sunday-Thursday and
10:00 p.m. Friday-Saturday (7 yes votes).
Waiver of code requirement APPROVED.
B7. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3491 AND
NEGATIVE DECLARATION:
OWNER: FRANCHISE REALTY CORPORATION, ONE MC DONALDS PLAZA, OAKBROOK,
ILLINOIS 60521
AGENT: JIM FRISBIE, 1060 A. Ortega Way, Placentia, CA 92670
LOCATION: 2411 West Ball Road. Property is approximately 0.5 acre
located on the north side of Ball Road and approximately 150 feet west
of the centerline of Gilbert Street.
To permit a semi-enclosed restaurant and children's play area with
waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3491 GRANTED (PC92-21) (7 yes votes).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
B8. 179: RECLASSIFICATION NO. 91-92-11 AND NEGATIVE DECLARATION:
OWNERS: KENNEY GOLF ENTERPRISES, INC., 3200 East Carpenter Ave.,
Anaheim, CA 92806
LOCATION: 3200 East Carpenter Avenue. Property is approximately 5.9
acres located on the south side of Carpenter Avenue approximately 80
feet east of the centerline of Shepard Street.
204
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
For a change in zone from RS-A-43,000 to ML.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 91-92-11 GRANTED (PC92-22) (7 yes votes).
Approved Negative Declaration.
B9. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3392 AND
NEGATIVE DECLARATION:
OWNER: DAVID CHAVEZ, 4420 E. LA PALMA AVE., ANAHEIM, CA 92807
LOCATION: 4420 E. La Palma Avenue. Property is approximately 1.8 acres
located at the south side of La Palina Avenue and approximately 300 feet
west of the centerline of Lakeview Avenue.
To permit a cellular telephone facility and 85-foot high tower
(previously 60-foot high) with waiver of maximum structural height,
minimum side yard setback and minimum rear yard setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval of the proposed amendments to CUP NO. 3392 (7 yes
votes). Negative Declaration previously approved.
To be scheduled for a Public Hearing before the Council since the
Council granted final approval of the original CUP. (Public Hearing
scheduled April 7, 1992.
End of the Planning Commission Items.
B10. 155 ~ REQUEST FOR REHEARING - ENVIRONMENTAL IMPACT REPORT NO. 298,
GENERAL PLAN AMENDMENT NO. 317 (PORTIONS i AND 2), AND CYPRESS CANYON SPECIFIC
PLAN NO. 90-3 (INCLUDING ZONING AND DEVELOPMENT STANDARDS AND A PUBLIC
FACILITIES pLAN}:
LOCATION: Subject property is the 1,546.5-acre Coal Canyon property
(including the northerly 663-acre Cypress Canyon project area and the
southerly 883.5-acre Tecate Cypress Preserve area).
At their meeting of March 3, 1992, Item D3, the City Council approved
General Plan Amendment No. 317, and certified EIR No. 298 as being in
compliance with CEQA with statement of overriding considerations and
mitigation monitoring program.
A request for a rehearing on the subject was submitted by Friends of the
Tecate Cypress, Constance Spenger, President - Request for Rehearing and
Declaration of Merit dated March 6, 1992.
MOTION: Council Member Ehrle moved to deny the request for a rehearing on the
subject. Council Member Hunter seconded the motion. MOTION CARRIED.
Bll. 179: ORDINANCE NO. 5291 FOR INTRODUCTION:
Council Member Hunter offered Ordinance No. 5291 for first reading. Refer to
Ordinance Book.
ORDINANCE NO. 5291: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 70-71-47(39) LOCATED AT THE
SOUTHWEST CORNER OF LA PALMA AVENUE AND WHITE STAR AVENUE, FROM THE RS-A-
43,000 ZONE TO THE ML ZONE.
114: DEER CANYON:
Council Member Ehrle. The Council has received a letter from the Presley
Company regarding Deer Canyon. He was in the area about two weeks ago on a
tour with Steve Riggs and A10ldman. He asked the City Manager the status of
205
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 17, 1992, 5:00 P.M.
Deer Canyon. He would like to see them start a Parks and Recreation program
since it is a fantastic nature center.
City Manager Ruth. He has discussed that with staff. There are several
issues that they have concerns about all of which they feel can be mitigated.
One is access off Santa Aha Canyon Road and they are working on that. Staff
feels the issues are solvable and they are working with the Presley Company.
He has discussed the matter with both Chris Jarvi and Jack Kudron. They are
very optimistic but do have issues they are concerned.about.
114: STATUS OF MEASURE M:
Council Member Pickler reported that the Appellate Court has upheld the
provisions of Measure "M" Consequently, the $500,000,000 will be coming forth
very soon to help the City to start buying up the necessary right-of-way of
I-5.
ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Ehrle
seconded the motion. MOTION CARRIED. (9: 36 p.m. )
ANN M. SAUVAGEAU,
2O6