1991/11/05City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
ASSISTANT CITY CLERK: Ann M. Sauvageau
UTILITIES GENERAL MANAGER: Edward AghJayan
UTILITIES FINANCIAL SERVICES MANAGER: Michael Bell
CODE ENFORCEMENT MANAGER: John Poole
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:45 p.m. on November 1, 1991, at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange County Superior
Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of
Anaheim, et al., Orange County Superior Court Case No. 44-81-74.
Liptrap vs. Ford Motor Co., et al., Orange County Superior Court Case
No. 492635.
b. To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section 54957.6.
c. To meet with, and give directions to its Real Property Negotiator
concerning possible sale and/or lease of certain property located at
the Koll Anaheim Center site.
d. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
e. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
f. To consider and take possible action upon 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.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 5f 1991, 5:00 P.M.
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. (5:05 p.m.)
INVOCATION: Reverend Donald W. Dexter, First Presbyterian Church, gave the
invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - EMPLOYEE SERVICE AWARD: Lieutenant Robert Pucke~t, Police
Department, was recognized and commended by Mayor Hunter and Council Members
for his 30 years of dedicated service to the City. He was presented with a
service award.
119: PRESENTATION - PLANNING AWARDS: Mayor Hunter presented plaques to the
following which were outstanding Planning Awards received from the Orange
County Section of the American Planning Association awarded to the Anaheim City
Planning Department. They were the only two awards given by the Association at
their annual meeting. The awards competition included both public and private
planning projects within Orange County completed during the year 1990: Joel
Fick, Planning Director; Mary McCloskey, Deputy Planning Director; Lucy Yeager,
Senior Planner; John Poole, Code Enforcement Manager; Carolyn Griebe who is a
consultant to the City for the anti-graffiti program.
Mayor Hunter and Council Members congratulated Mr. Fick and his staff upon
receiving such prestigious awards.
119: PRESENTATION - MOTHER OF THE YEAR: Mrs. Fran Mauck gave the background
on and then introduced Mrs. Gale McArthur, chosen Anaheim's Mother of the Year
for 1991-92.
Mayor Hunter and Council Members each congratulated Mrs. Mc Arthur and
presented her with flowers. Mrs. Mc Arthur, the mother of eleven children and
two foster children was chosen among many entrants not only for her role as
mother of eleven children and foster children, but also for her active
community participation in the Parent Teacher's Association and other community
organizations.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Hospice Month in Anaheim, November, 1991
National Bible Week in Anaheim, November 24-December 1, 1991
Christmas Seals Month in Anaheim, December, 1991.
Pastor Harry Stief accompanied by volunteer, Ann Majer accepted the Hospice
Week proclamation and Lisa Ackerman, Orange County Lung Association accepted
the Christmas Seals proclamation.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
MINUTES: Council Member Pickler moved to approve the minutes of the regular
meetings held October 1, and October 8, 1991 and the special meeting held
October 8, 1991. Council Member Simpson seconded the motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,122,337.37 for the
period ending October 25, 1991 and $3,737,165.25 for the period ending
November 1, 1991, 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. (5:25 p.m.)
Mayor Hunter reconvened the City Council meeting. (5:30 p.m.)
CITY MANAGER/DEPARTMENTAL CONSENT CALENDARs On motion by Council Member
Pickler, seconded by Council Member Simpson, 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. 91R-304 through 91R-307, both inclusive, for
adoption; Ordinance Nos. 5265 and 5266 for adoption and Ordinance Nos. 5272 and
5273 for introduction. Refer to Resolution/Ordinance Book.
WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following
resolutions and ordinances were read by the City Manager. (Resolution
Nos. 91R-304 through 91R-307, both inclusive, for adoption and Ordinance Nos.
5265 and 5266 for adoption.)
Council Member Pickler moved to waive the reading in full of the resolutions
and ordinances. Council Member Simpson seconded the motion. MOTION CARRIED.
Al. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Joe and Brenda McGuire for property damage sustained
purportedly due to actions of the City on or about September 5, 1991.
b. Claim submitted by Willie M. McGlasson for property damage sustained
purportedly due to actions of the City on or about July 24, 1991.
c. claim submitted by Harald G. Martin for property damage sustained
purportedly due to actions of the City on or about September 5, 1991.
d. Claim submitted by Gladstone Hill for property damage sustained
purportedly due to actions of the City on or about September 3, 1991.
e. Claim submitted by Terdor, Inc. for property damage sustained
purportedly due to actions of the City on or about July 2, 1991.
A2. 105: Receiving and filing minutes of the Senior Citizens Commission
meetings held August 8, 1991, and September 12, 1991.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
105: Receiving and filing minutes of the Community Services Board meetings
held August 8, 1991, and September 12, 1991.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held September 25, 1991.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held September 25, 1991.
105: Receiving and filing minutes of the Community Redevelopment Commission
meetings held October 2, 1991, and October 16, 1991.
A3. 169: Awarding the contract to the lowest and best responsible bidder,
R.J. Noble Company, in the amount of $416,563.13 for Broadway Street and Storm
Drain Improvements; and in the event said low bidder fails to comply with the
terms of the award, awarding the contract to the second low bidder, as well as
waiving any irregularities in the bids of both the low and second low bidders.
A4. 123: Approving Program Supplement No. 009 to State-Local Transportation
Partnership Program Agreement No. SLTPP-5055, and authorizing the Director of
Public Works to execute said Agreement. (La Cresta Ave. - Red Gum to Blue
Gum.)
A5. 123: Approving a Fourth Amendment to Agreement with Norman Weintraub, dba
City Window Cleaners, to change the level of window cleaning services at the
Police Department and "Dad' Miller Golf Course; to delete services at Anaheim
Stadium Football Press Box, and extend the term of the Agreement for an
additional two-year period (through December 31, 1993) with no increase in cost
unless additional services are required.
City Attorney Jack White. The Council was handed a substitute agreement on
this item. The only difference between the one submitted to Council in the
Agenda packet material and the substitute, the revised agreement contains a
provision that authorizes the City to cancel the agreement at anytime during
the two-year term upon 15 days notice. He recommends that provision be added
because it is a two-year agreement. It was included and the contractor has
signed the agreement with that change.
A6. 123: Approving an Agreement with West Computil Corporation, in an amount
not to exceed $25,000, for automatic computer billing and processing of vehicle
parking infractions issued by the Police Department and Convention Center, for
a term not to exceed nine months (October 1991 through June 1992).
A7. 123: Approving the terms and conditions, and authorizing the Mayor to
sign an agreement employing Jones Hall Hill & White as bond counsel regarding
the sale of alternative financing vehicles for the purpose of providing public
infrastructure within the Anaheim Commercial/Recreation Area. (City of
Anaheim/Walt Disney Company Capital Improvement Project)
Jeff Kirsch, 2661 W. Palais Road, Anaheim. He questions if the proposed action
is premature since it will be some time until the EIR is released. One option
in that report to be considered is a no-project alternative. He questions why
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City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
the City is pursuing financing investigation when the magnitude of the project
has yet to be defined.
Council Member Daly. He is voting no on this item. He has consistently
requested that staff attempt to use legal and financial advisors and other
consultants from the Southern California area and, if possible, Orange County.
Council Member Ehrle. He is voting no on this item because, even though there
is no commitment at this point on the part of the City, until the City knows
what Disney is going to do and more financial information is available, he does
not feel it is prudent to even talk about bond counsel at this time.
A8. 108: ORDINANCE NO. 5265 - (ADOPTION): AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 4.18.020 OF CHAPTER 4.18 OF TITLE 4 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO EXEMPTIONS FROM ENTERTAINMENT PERMIT REQUIREMENTS.
A9. 105: ORDINANCE NO. 5266 - (ADOPTION): AN ORDINANCE OF THE CITY OF
ANAHEIM REPEALING SECTIONS 1.04.900 THROUGH 1.04.950, INCLUSIVE, OF CHAPTER
1.04 OF TITLE i OF THE ANAHEIM MUNICIPAL CODE, RELATING TO THE ANAHEIM YOUTH
COMMISSION. (Repealing the Anaheim Youth Commission; does not include the
elimination of Youth-in-Government Day.)
AiO. 000: RESOLUTION NO. 91R-304: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM RELATING TO FEES FOR RETURNED CHECKS TENDERED IN PAYMENT OF
OBLIGATIONS AND RESCINDING RESOLUTION NO. 87R-135.
All. 123: Approving a Fifth Amendment to Agreement with Schema Systems, Inc.,
in an amount not to exceed $25,000 for the term July 1, 1991, through June 30,
1992, for consulting services in connection with the Police Automated Systems
Development.
Al2. 153: RESOLUTION NO. 91R-305: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-78 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT. (Car
allowance for Deputy City Engineer, effective 10/25/91.)
A13. 114: RESOLUTION NO. 91R-306: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING THE PROCEDURES AND RULES OF ORDER FOR THE CONDUCT OF
CITY COUNCIL MEETINGS (effective January 1, 1992).
Jeff Kirsch. He is in favor of the proposed amendments to be in conformance
with state law (Brown Act) to solicit public comment on measures.
A14. 123: Approving a Collective Defense Agreement by and amongst the County
Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County with
regard to United States of America v. Montrose Chemical Corporation of
California, et al., Cross-Complaints of Potlatch Corporation and Simpson Paper
Company; United States District Court Case No. CV-90-3122-AAH (JRx); and
authorizing the Mayor to sign and the City Clerk to attest the agreement via
counterpart signatures as set forth.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
A15. 185: Determining that on the basis of the evidence submitted by Richard
Gardner of the Gardner Group, that the property owner has complied in good
faith with the terms and conditions of Development Agreement No. 89-01 for the
1990-1991 period under review. (Stadium Business Park)
A16. 185: Determining that on the basis of the evidence submitted by Jeffrey
Warmoth of the Baldwin Company, that the property owner has complied in good
faith with the terms and conditions of the Amended and Restated Development
Agreement No. 88-03 for the 1990-1991 period under review. (The Summit of
Anaheim Hills Specific Plan Development)
A17. 123: Approving an Agreement with City Paper and Metal Co., Inc., for the
sale of surplus electrical equipment.
A18. 123: Approving a Composite Development Agreement for Mead-Adelanto and
Mead-Phoenix Transmission Projects and related resolutions and ordinances, as
recommended by the Public Utilities Board at their meeting of 10/21/91.
The resolutions in connection with this item will appear on the City Council
agenda of November 19, 1991, at the time that the ordinances appear for
adoption.
This item was discussed separately (see discussion following Consent Calendar
items) at the conclusion of which the Council approved the Composite
Development Agreement with Council Member Ehrle voting no. The ordinances were
also Offered for first reading and will appear on the Council agenda of
November 19, 1991, for adoption along with related resolutions.
A19. 106: Appropriating additional revenue authority totaling $5,466,900 for
various sources, and appropriating additional expenditure authority totaling
$5,466,900 for various projects for fiscal year 1991/92.
Council Member Pickler voted no.
A20. 106: Approving the supplemental revenue and expenditure appropriations
for the 1990/91 fiscal year to remain in compliance with Section 1205 of the
city Charter.
A21. 153: RESOLUTION NO. 91R-307: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING PERSONNEL RULE 1 AS SET FORTH IN RESOLUTION
NO. 88R-166 AND PERSONNEL RULE 33 AS SET FORTH IN RESOLUTION NO. 90R-153 (post
retirement medical benefits).
A22. 123: Amended and restated employment agreement with James D. Ruth
relating to his employment as City Manager.
Jeff Kirsch. He is concerned with the proposed amendments to the City
Manager's contract. He questions what the benefit will be to the City in
increasing the severance allowance from six months to twelve months salary for
which the City would receive no further effort on the City Manager's part, but
cost will be borne by the taxpayer.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
Council Member Ehrle. He will be voting no on this item, primarily relative to
the provision granting an additional six months severance pay. It is no
reflection on the City Manager. He would like to stick to Council policy on
the issue.
At this time, John Fazzio, 7166 Rutland asked to speak. He worked for the City
almost 10 years. He was a Park Supervisor and did a good job. During the
budget crunch, he lost $640.00 a month which was a financial burden. He did
not want to leave Anaheim, but had to do so. He started from the bottom and
went to the top. For him not to receive the severance pay is unjust. He left
the City two weeks later then he was supposed to. The severance program is for
those people who had to leave. He explained the steps he took in order to
receive the severance pay which included talking to the Assistant City Manager
and the City Manager. He was subsequently told to file a grievance and then
informed that the decision had to be made through an arbitrator or a neutral
party in the City. He declined in order to appear before the City Council so
that the City Council could make a ruling. He feels if it goes back to a
grievance hearing again, the answer will be no. He is asking for only five
months severance pay and not a year. He is looking for an answer tonight from
the City Council.
Mayor Hunter. Speaking to the City Attorney, he asked if Mr. Fazzio still has
the avenue to exhaust his administrative remedies.
City Attorney White. Mr. Fazzio has not yet seen fit to follow that avenue,
even though it is still available. The grievance procedure is still available
regardless of who the hearing officer may be at the particular step involved.
City Manager James Ruth. His purpose in not hearing Mr. Fazzio's grievance is
that he (Ruth) had already met with him and shared the information as did the
Assistant City Manager, Jim Armstrong. The matter was referred to Tom Wood,
Deputy City Manager who had no knowledge of the issue previously and,
therefore, could make a judgement. The time for the hearing was set for today
and Mr. Fazzio opted not to go through with the hearing because it was
supposedly a binding decision by the City Manager.
John Fazzio. The reason he declined was that, in his opinion, minds had
already been made up. He questioned why he had to go through the grievance
procedure in the first place. He was an employee who had given ten years of
service. He reiterated he feels this is unjust.
The City Council, at the conclusion of the Consent Calendar approved the
amendment to the City Manager's contract. Council Member Ehrle voted no.
Roll Call Vote on ~solution Nos. 91~-304 through
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution Nos. 91R-304 through 91R-307, both inclusive,
duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
Roll Call Vote on OrdinanceNoe. 5265 an~ 5266:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance Nos. 5265 and 5266 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
A18. 123: COMPOSITE DEVELOPMENT AOREEMENT - MEAD-ADELANTO AND MEAD-PHOENIX
TRANSMISSION PROJECTS: Approving a Composite Development Agreement for
Mead-Adelanto and Mead-Phoenix Transmission Projects and related resolutions
and ordinances, as recommended by the Public Utilities Board at their meeting
of October 21, 1991. The resolutions in connection with this item will appear
on the City Council agenda of November 19, 1991, at the time the ordinances
appear for adoption.
Submitted was report dated October 28, 1991, from the Secretary of the Public
Utilities Board (PUB) Ed Aghjayan recommending approval of the Composite
Development Agreement and related resolutions and ordinances.
Council Member Ehrle posed questions relative to the amount of bonded
indebtedness involved in the transmission projects. He asked if the City was
committing to 37 million dollars bonded indebtedness as reported in the morning
paper. He noted a figure of $817,000 in the October 28, 1991 report.
Ed Aghjayan, Public Utilities General Manager and Secretary of the Public
Utilities Board. The $817,000 is for Planning costs which will be reimbursed
when the bond issue comes forward. Those are up-front kinds of costs and have
nothing to do with the 37 million dollars. That figure represents the
commitment of the City in terms of total dollars. It is through a bond issue
that SCPPA (Southern California Public Power Authority) would float what is
called off-balance-sheet financing where the joint action agency borrows the
money which in this case is an approximate 500 million dollar project involving
other cities. Anaheim's share of the 500 kV line is 37 million dollars. He
then briefed the Council on the information contained in his report elaborating
on that information supplemented by slides.
Starting in 1995, the City would be paying out 3.8 million dollars per year of
the project with Anaheim's share being 37 million. The total cost is 3.19 to
3.8 million, 3.8 million being the City's maximum annual payment for the bond
that SCPPA is floating. The question is, why the investment-the answer being
because the City can reduce its power cost on an annualized basis. If the City
does not have the transmission projects, it would be restricted to local
projects and future growth will have to come out of the local area at a much
higher cost. This will allow the Utilities to go to the southwest and the
Phoenix area and the northwest to get around the Bonneville restriction. The
bottom line is they will be able to reduce power supply costs on an annualized
basis of about 8.2 million dollars a year while spending 3.8 million with a net
annual savings projected to be 4.5 million per
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City Hallt Anaheimr California - COUNCIL MINUTES - November 5t 1991r 5:00 P.M.
year. The transmission lines will allow the Utilities to tie into the cheaper
sources of power. He confirmed for Council Member Ehrle that the Utilities
Department will be coming back with future projects but these are the
transmission lines to get the power and will complete the major transmission
projects. With this, the "arteries' are in place and the Utilities will be in
a position where they could bring power from the northwest, from Utah, Idaho,
Phoenix, whatever is the cheapest power available. If not in place, there will
be far greater restrictions and difficulty with the costs in the Los Angeles
area going up so high.
Council Member Ehrle. It is a 37 million dollar commitment and in view of
today's economy on all levels, the view that the recession is ongoing, and in
light of the status of the City's budget, his concern is for the rate
payer/taxpayer. He asked if there was any reason why they could not or should
not put this approval on the June ballot.
Mr. Ed Aghjayan. That would be a decision of the Council. The City is
committing to 37 million dollars but will save 4 million dollars a year after
the cost of the 37 million and that is the reason why they cannot afford not to
do it. They must do it in order to keep electric rates iow. Anaheim is the
last agency among the 15 or so agencies that are members that have not passed
it. It would be a problem to hold off and would cause significant operational
problems. Anaheim has not committed but the Agency members are waiting for
Anaheim to go along with it. They might loose the permits for the project if
it goes into next year. The City does not have to make payments until 1995,
until the project has completed construction.
Council Member Pickler. He does not believe the City should wait and it is
something the Utilities has been doing for years. The reason rates in Anaheim
are 20% lower than Edisons is because of projects such as this. This will save
citizens money over a long period of time. It is not something that needs to
go on the ballot; it is not what has been done in the past. The Public
Utilities Board looked into it very thoroughly. It is not something that
should wait.
Mike Bell, Financial Services Manager, then answered additional questions posed
by Council Member Ehrle relative to the total indebtedness of the Utilities
Department. The direct indebtedness of the Utilities Department is
approximately 840 million dollars. The SCPPA portion and ITA portion added to
that bring it up to that total. It includes principal and interest on all
debt.
council Member Ehrle. Adding another 37 million would bring the total to 875
million in long term indebtedness.
Mike Bell. He clarified that would be for all the direct debt and the
off-balance-sheet financing.
Council Member Daly. He asked Mr. Aghjayan to restate the net per year gain
from the investment.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5=00 P.M.
Ed Aghjayan. Anaheim will be paying out 3.8 million dollars a year for the
cost of the project which is 37 million dollars starting in 1995. Rates can be
lower by a total of 4.5 million dollars a year in current dollars. He
reiterated they do not pay anything until 1995. For a few years, the project
will not be operating at its full capacity and full savings are not achieved.
There may be a slight deficit for the first few years; however, averaged out
over 20 years, there will be a net gain to the City of 4.4 million dollars a
year.
MOTION= Council Member Pickler moved to approve a Composite Development
Agreement for Mead-Adelanto and Mead-Phoenix Transmission Projects and related
resolutions and ordinances, as recommended by the Public Utilities Board at
their meeting of October 21, 1991. Council Member Simpson seconded the
motion. Council Member Ehrle voted no. MOTION CARRIED.
Council Member Ehrle. He is voting no on this item because he feels a
commitment of this nature will bring the Utilities long-term indebtedness to
875 million dollars and is an issue he feels the citizens should have a right
to vote on.
Council Member Pickler offered Ordinance No. 5272 and 5273 for first reading.
Refer to Ordinance Book.
175: ORDINANCE NO. 5272 - (INTRODUCTION): ORDINANCE OF THE CITY OF ANAHEIM
APPROVING ENTERING INTO OF TWO SEPARATE TRANSMISSION SERVICE CONTRACTS.
175: ORDINANCE NO. 5273 - (INTRODUCTION): ORDINANCE OF THE CITY OF ANAHEIM
AUTHORIZING THE ISSUANCE OF BONDS BY THE SOUTHERN CALIFORNIA PUBLIC POWER
AUTHORITY TO FINANCE COSTS OF THE MEAD-PHOENIX PROJECT AND THE MEAD-ADELANTO
PROJECT.
NOTE: The resolutions in connection with this item will appear on the City
Council agenda of November 19, 1991, at the time that the ordinances appear for
adoption.
BOARDS AND COMMISSIONS:
A23. 105: APPOINTMENT - COMMUNITY REDEVELOPMENT COMMISSION: Appointment to
the Community Redevelopment Commission to fill the current vacancy left by
Steve Bristol for the term expiring June 30, 1994. This item was continued
from the meeting of October 22, 1991, to this date.
Council Member Ehrle nominated Renee Lopez; Council Member Daly nominated Paul
McMillan. There being no further nominations, nominations were closed and a
roll call vote was taken on the nominations in the order in which they were
given.
Renee Lopez - Ayes-Ehrle, Hunter; Noes-Pickler; Abstained-Daly, Simpson
Paul McMillan - Ayes-Daly, Simpson; Abstained-Pickler, Ehrle, Hunter
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City Hall~ Anaheim~ California - COUNCIL MINUTES - November 5. 1991. 5:00 P.M.
City Attorney Jack White. City Council Rule III-C provides unless a motion is
adopted to elect by a plurality, the person receiving the highest number of
affirmative votes constituting at least a majority of those voting, excluding
abstentions, is elected. In this case, there were two affirmative votes for
Mr. Lopez with one no and two abstentions and for Mr. McMillan also two
affirmative votes, no noes and three abstentions. Each received the same
number of affirmative votes and thus it is a tie and no one is elected.
Council Member Ehrle thereupon moved to cast a unanimous vote for Paul
McMillan.
Mr. McMillan was thereupon unanimously appointed to the Community Redevelopment
Commission by the City Council for the term ending June 30, 1994.
A24. 105: APPOINTMENTS - PUBLIC UTILITIES BOARD: To fill two unscheduled
vacancies (White, term expiring June 30, 1995, and Skidmore, term expiring
June 30, 1995). Vacancies were declared and the City Clerk authorized to post
notices of the unscheduled vacancies at the City Council meeting of
September 24, 1991. This item was continued from the meeting of October 22,
1991, to this date.
Council Member Simpson nominated Maggie Carillo Mejia; Council Member Ehrle
nominated Joe White; Council Member Pickler nominated Steven Stavely.
There being no further nominations, nominations were closed and a roll call
vote was taken on the nominees in the order in which they were given.
Maggie Carillo Mejia - Ail Ayes
Joe White - Ayes-Simpson, Daly, Ehrle, Hunter; Noes-Pickler
Steven Stavely - Ayes-Pickler; Abstained-Simpson, Daly, Ehrle, Hunter
Maggie Carillo Mejia and Joe White were thereupon appointed to the Public
Utilities Board for the terms ending June 30, 1995.
A25. 105: APPOINTMENTS - SENIOR CITIZEN COMMISSION: To fill two unscheduled
vacancies (seymour, term expiring June 30, 1992, and Siegmund, term expiring
June 30, 1992). This item was continued from the meeting of October 22, 1991,
to this date.
Council Member Pickler nominated Mary Atwell; Council Member Hunter nominated
Betty Sanford.
There being no further nominations, nominations were closed and a roll call
vote was taken on the nominees in the order in which they were given.
Mary Atwell - All Ayes
Betty Sanford - Ail Ayes
Mary Atwell and Betty Sanford were thereupon unanimously appointed to the
Senior Citizen Commission for the terms ending June 30, 1992.
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City Hallt Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
A26. 105: APPOINTMENTS - COMMUNITY SERVICES BOARD: To fill an unscheduled
vacancy left by Margaret Sullivan (now member Emeritus) for the term expiring
June 30, 1993. This item was continued from the meeting of October 22, 1991,
to this date.
Council Member Ehrle nominated Patricia Tafolla; there being no further
nominations, nominations were closed.
Patricia Tafolla was thereupon unanimously appointed to serve on the Community
Services Board for the term ending June 30, 1993.
ITEMS B1 - B5 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 21. 1991,
INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 12. 1991:
B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3450 AND
NEGATIVE DECLARATION:
OWNER: PIONEER CHRISTIAN SCHOOLS OF SOUTHERN CALIFORNIA, 641 S.
Western Ave., Anaheim, CA 92804.
AGENT: RILEY F. MARQUIS, JR., 1413 E. 18th Street, Santa Ana, CA
92701.
LOCATION: 641 South Western Ave. Property is approximately 4.8 acres
located on the west side of Western Avenue approximately 340 feet
south of the centerline of Orange Avenue.
To permit a church, two modular classrooms, a pre-school, private
elementary and high school with employee/faculty and church member
housing within two existing 8-unit each dormitories and two detached
single-family homes with waiver of A) maximum structural height,
B) minimum side yard setback and C) minimum number and type of parking
spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3450 GRANTED, with waivers of code requirement APPROVED, IN
PART, waiver A) DENIED, waiver B) WITHDRAWN, and waiver C) APPROVED
(PC91-164) (4 yes votes, 3 absent).
Approved Negative Declaration.
B2. 179: CONDITIONAL USE PERMIT NO. 3299, TENTATIVE TRACT MAP NO. 14406, AND
NEGATIVE DECLARATION:
OWNER: O. M. P. DEVELOPMENT, 1524 Victoria Way, Placentia, CA 92670.
LO~ATION~ 1575 West Katella Avenue. Property is approximately 2.21
acres located on the north side of Katella Avenue and approximately
314 feet east of the centerline of Carnelian Street.
Requests amendment to conditions of Conditional Use Permit No. 3299
pertaining to recordation of a tentative tract map prior to issuance
of a building permit (This request also necessitates Planning
Commission review of Tentative Tract Map No. 14406.)
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3299 DENIED REQUEST to amend conditions of approval (PC91-165)
(4 yes votes, 3 absent).
No action taken on Tentative Tract Map No. 14406 due to denial of the
request to amend conditions of approval of CUP NO. 3299.
No action taken on Negative Declaration.
Letter of appeal submitted by the owner, Massoud Monshizadeh, O.M.P.
Development.
738
City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
This item is set for a public hearing before the City Council on Tuesday,
November 19, 1991, at 6:00 p.m.
B3. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3464 AND
NEGATIVE DECLARATION:
OWNER: ANAHEIM HILLS ENTERPRISES, 5100 E. La Palma Avenue, Ste. 2202,
Anaheim, CA 92807.
AGENT: LIVING ROCK CHURCH, 5100 E. La Palma Ave., Ste. 2112, Anaheim
Hills, CA 92807.
LOCATION: 5100 E. La Palma Ave. Property is approximately 6.3 acres
located on the south side of La Palma Avenue and approximately 3,560
feet east of the centerline of Lakeview Avenue.
To permit a church in an existing industrial building with waiver of
minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3464 GRANTED, for three years (PC91-166) (4 yes votes, 3
absent).
Waiver of code requirement approved.
Approved Negative Declaration.
B4. 179: CONDITIONAL USE PERMIT NO. 2728 AND NEGATIVE DECLARATION:
OWNER: E.I.I. REALTY CORPORATION, Attn: M. Hill, P.O. Box 2100,
Chino, CA
AGENT: The Dorel Group, 633 South Brea Blvd., P.O. Box 308, Brea,
CA 92622.
LOCATION: 5460 East La Palma Ave. Property is approximately 8.7
acres located on the south side of La Palma Avenue and approximately
1,520 feet west of the centerline of Imperial Highway.
Amendment to conditions of approval adding "Travel Agencies' to list
of permitted uses within an existing industrially-related office
complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment to conditions to CUP NO. 2728 GRANTED (PC91-167) (4 yes
votes, 3 absent).
Approved Negative Declaration.
REPORTS AND RECOMMENDATIONS:
B5. 179: CONDITIONAL USE PERMIT NO. 3207 - REQUEST FOR SUBSTANTIAL
CONFORMANCE, REVIEW AND DETERMINATION:
REQUESTED BY: J.P. Tullius.
LOCATION: 2349 W. La Palma Avenue.
Petitioner requests substantial conformance review and determination
in order to permit an autobody shop within a previously-approved
automotive repair center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved - determined to be in substantial conformance.
End of the Planning Commission Items.
B6/B7/BS. 151/179: ORDINANCE NOS. 5267, 5268 AND 5270 FOR ADOPTION:
Mr. Jeff Kirsch spoke to Ordinance 5267 stating as he expressed previously, in
739
City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
his opinion, this code amendment is an abridgement and infringement on the
rights of homeowners to try and preserve the security of their houses and the
right to privacy. He would like to see some justification that would require
implementation of the ordinance.
WAIVER OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance Nos. 5267, 5268 and 5270)
Council Member Pickler moved to waive the reading in full of the ordinances.
Council Member Ehrle seconded the motion. MOTION CARRIED.
Council Member Pickler offered Ordinance No. 5267, 5268 and 5270 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 5267 - (ADOPTION}: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.04.043.101 AND ADDING SECTION 18.04.043.103 OF CHAPTER 18.04 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PERMITTED ENCROACHMENTS INTO
REQUIRED YARDS - GENERAL.
ORDINANCE NO. 5268 - (ADOPTION}: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.94.032.011 OF CHAPTER 18.94 OF TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ELEVATORS IN SENIOR APARTMENT PROJECTS.
ORDINANCE NO. 5270 - (ADOPTION}: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Ordinance Nos. 5267, 5268 and 5270 duly passed and adopted.
B7. 179: ORDINANCE NO. 5269 - ELEVATORS AND DECK TYPE HOUSING APARTMENT
DEVELOPMENTS: ;unending Section 18.96.040 of Chapter 18.96 of Title 18 of the
Anaheim Municipal Code relating to required elevators in deck-type housing
apartment developments.
The first reading of the Ordinance was continued from the meeting of October 8,
1991, to the meeting of October 22, 1991, where it was given a first reading.
City Attorney White clarified that the Council is offering Ordinance No. 5269
for first reading as amended and would then be considering the ordinance for
adoption at their next regular meeting.
Council Member Daly asked that the Council be provided with an explanation of
the amendment before that time.
Council Member Pickler offered Ordinance No. 5269 for first reading. Refer to
Ordinance Book.
740
City Hallw Anaheimw California - COUNCIL MINUTES - November 5, 1991~ 5:00 P.M.
ORDINANCE NO. 5269: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.96.040 OF CHAPTER 18.96 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO REQUIRED ELEVATORS IN DECK-TYPE HOUSING APARTMENT DEVELOPMENTS.
B9. 179: ORDINANCE NO. 5271 - DEVELOPMENT AGREEMENT 91-01 FOR MOUNTAIN PARK
SPECIFIC PLAN SP90-4: This ordinance was introduced at the meeting of
October 22, 1991.
Two people were present to speak to the ordinance, Gordon Ruser and Connie
Spenger.
Mayor Hunter asked first to hear from the City Attorney.
City Attorney Jack White. There have been public hearings held on this
matter. Tonight the Council by charter is required by law to accommodate
speakers who are either residents of the City or owners of property in the
City. The Council accommodating any other persons to speak at the meeting is
at the sole discretion of the City Council.
By tradition, the Council has allowed any member of the public to speak.
However, for purposes of the record, comments should be kept to not more than 3
minutes per speaker and a total of 10 minutes per subject.
Council Member Pickler expressed his concern that the Council would again be
listening to a repeat of the testimony given at two previous public hearings
involving the Mountain Park Development. If it is the same, the Council has
heard it before.
connie spenger, 1318 E. Glenwood, Fullerton, President, Friends of the Tecate
Cypress. The information will mainly be a "rehash" of the testimony previously
given. (Also see letters of November 5, 1991, attached to which was letter of
October 22, 1991, previously submitted - made a part of the record). She
thereupon briefed and/or read her letter of October 22, 1991, listing the
Friends of Tecate Cypress objections to the adoption of Development Agreement
No. 91-01 under Ordinance No. 5271 (see pages I and 2 of the October 22, 1991,
letter). The letter in closing asks, "If this developer agreement is, in fact,
such a great benefit to the people of Anaheim we recommend an advisory ballot
at the next general election concerning Developer Agreement No. 91-01'.
Gordon Ruser, representing the Sierra Club, Angeles Chapter. He first briefed
the Council on resolutions passed by the Sierra Club, Angeles Chapter,
Executive Committee involving the preservation and protection of certain
canyons in Orange County as well as a resolution providing legal and financial
assistance to Friends of Tecate Cypress in its lawsuit to overturn Mountain
Park EIR 302 and General Plan Amendment 318. The main concern is the loss of
wild life resources in Gypsum and Coal Canyons. He then expressed his concern,
in his opinion, over the apparent lack of integrity on the part of Multivision
Cable for deleting from showings of past meetings information presented in
regard to the movement of mountain lions relating to the subject area and
expressed his hope that all information on wild life will be made available
through cable TV as presented.
741
City Hall, Anaheim~ California - COUNCIL MINUTES - November 5, 1991~ 5:00 P.M.
WAIVER OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance No. 5271)
Council Member Hunter moved to waive the reading in full of the ordinances.
Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Hunter offered Ordinance No. 5271 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5271: AN ORDINANCE OF THE CITY OF ANAHEIM (i) APPROVING
DEVELOPMENT AGREEMENT NO. 91-01 BY AND BETWEEN THE CITY OF ANAHEIM AND THE
IRVINE COMPANY, A MICHIGAN CORPORATION, DOING BUSINESS AS FOOTHILL COMMUNITY
BUILDERS, (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAID DEVELOPMENT AGREEMENT FOR AND ON
BEHALF OF THE CITY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Ordinance No. 5271 duly passed and adopted.
B10. 179: REQUEST FOR TERMINATION - CONDITIONAL USE PERMIT NO. 761 AND
VARIANCE NO. 3282:
REQUESTED BY: J. W. DAVIS, SHELL OIL COMPANY, P.O. Box 4848, 511 N.
Brookhurst Street, Anaheim, 92803.
LOCATION: 601 West Ball Road (at Harbor), Anaheim, 92805.
Submitted was report dated October 21, 1991, from the Zoning Administrator,
Annika Santalahti recommending the termination of the subject CUP and
Variance. The termination request satisfies a condition of approval of
CUP 3109.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-308)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Hunter seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-308 for adoption, terminating
all proceedings in connection with Conditional Use permit No. 761 and Variance
No. 3282, and declaring Resolutions No. 65R-805 and No. 82R-538 null and void.
Refer to Resolution Book.
RESOLUTION NO. 308: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 761
AND VARIANCE NO. 3282 AND DECLARING RESOLUTIONS NO. 65R-805 AND NO. 82R-538
NULL AND VOID.
742
City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-308 duly passed and adopted.
ITEM Bll FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 4, 1991, INFORMATION
ONLY - APPEAL PERIOD ENDS NOVEMBER 14, 1991:
Bll. 170: VESTING TENTATIVE TRACT MAP NOS. 14071~ 14073, 14074~ 14075~ 14083,
14084, 14085~ 14086, 14087~ 14088, 14089~ 14090~ 14091~ 14092~ 14093 AND 14124
- REQUEST FOR EXTENSION OF TIME:
REQUESTED BY: THE BALDWIN COMPANY
Petitioner requests extension of time for vesting tentative tract maps
located within The Summit of Anaheim Hills Specific Plan (SP88-2).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved extension of time for Vesting Tentative Tract Maps (6 yes
votes, i absent).
Cl. 108: APPLICATION FOR POOL ROOM PERMIT - CLUB RACK AND ROLL:
An application for a pool room permit was submitted by Thomas Neil Oeschger,
1000 S. Coast Drive, H206, Costa Mesa, CA 92626. The location is 1410 South
Anaheim Boulevard (southeast corner of Anaheim Boulevard and Palais Road), Club
Rack and Roll. The petitioner requests approval of an application to operate
29 billiard tables in conjunction with serving beer, wine and food.
Submitted was report dated October 14, 1991, from the Code Enforcement Manager
John Poole recommending approval of the subject application.
Mayor Hunter asked to hear from staff.
John Poole, Code Enforcement Manager. He referred to his October 14, 1991,
report. Code Enforcement conducted a survey of surrounding businesses.
Several problems were reported. The matter was before the Planning Commission
recently and a conditional use permit applied for and granted for the sale of
beer and wine. Ail of the items stated in the report which were of concern to
the citizens were addressed by the Planning Commission. There are also
conditions imposed on the CUP which will take care of any problems that may
arise. Staff recommends approval of the pool room permit.
Council Member Daly noted that the CUP was granted for only one year.
City Attorney White then explained for Mayor Hunter that although this was not
a public hearing, if the applicant is present, he should be given an
opportunity to speak if he wishes.
He also recommended that the Council may want to condition the permit so that
it would expire coterminous with the conditional use permit for the beer and
wine. If the CUP is terminated or expired, the term of the pool room permit
would expire at the same time as the CUP.
743
City Hallr Anaheimr California - COUNCIL MINUTES - November 5~ 1991~ 5=00 P.M.
MOTION= Council Member Hunter moved to approve the application for a pool room
permit submitted by Thomas Nell Oeschger for Club Rack and Roll, 1410 South
Anaheim Boulevard to operate 29 billiard tables in conjunction with serving
beer, wine and food as recommended in report dated October 14, 1991, from the
Code Enforcement Manager. Council Member Pickler seconded the motion. MOTION
CARRIED.
C2. 108= APPLICATION FOR POOL ROOM PERMIT - FOXEY'S:
An application for a pool room permit was submitted by Jette B. Holgersen, 1535
Taber Road, Corona, CA 91719. The location is 1007 E. Balsam Avenue,
Foxey's. The petitioner requests approval of an application to operate 4 pool
tables in conjunction with a hofbrau restaurant for the sale of food and beer.
Submitted was report dated October 24, 1991, from the Code Enforcement Manager,
John Poole, recommending denial of the application.
John Poole, Code Enforcement Manager, briefed the reasons why staff is
recommending denial of the application as stated on page 2 and 3 of his
October 24, 1991, report. Also, Sergeant Mittman of the Police Department is
present if the Council has additional questions.
Council Member Pickler. He asked why the CUP should not be revoked as well as
denying the application.
John Poole. There is an enforcement action in process at this time. When Code
Enforcement made their investigation, it was found there were no permits for
the pool tables. They will be back to the approving body either the Planning
Commission or Council, to request termination of the CUP.
Council Member Ehrle. Based on staff recommendations, he moved to deny the
application for a pool room permit for Foxey's at 1007 E. Balsam Avenue.
Before further action was taken, since the proposed action is to deny the
application, City Attorney White recommended it would be in order to ask if the
applicant or a representative is present and give them an opportunity to speak.
Bill Clark, agent for the applicant. He first clarified for the Mayor that he
had not read the staff report and then asked for a continuance until he can
obtain legal counsel.
City Attorney White. It is at the discretion of the Council; however, he
pointed out that apparently the use is currently being operated in violation
without a permit. He asked if the applicant would stipulate to discontinuing
the use if there is a continuance and until the matter is heard by the
Council. It is one thing to grant a continuance in a case where the activity
is being proposed and quite another to request a continuance and at the same
time continue the operation in violation of the ordinance. He asked if the
applicant was willing to close the operation if a continuance is granted.
Bill Clark. To his knowledge, all permits are up-to-date except for the pool
table permit. The CUP violations were taken care of as of this morning.
744
City Hall~ Anaheim, California - COUNCIL MINUTES - November 5~ 1991~ 5=00 P.M.
City Attorney White. Be asked if the applicant was willing not to conduct any
pool and remove any existing pool tables. The business is allowed two without
a permit and the other two would not be legal; Mr. Clark stated he had no
problems taking out two of the tables.
City Attorney White. On that basis, he sees no problem with the stipulation
that the two be removed and that the matter be continued for two weeks. It is
at the Council's discretion.
Council Member Daly. The owner submitted an application for the permits on
September 13. It is not a new issue.
MOTION= Council Member Ehrle clarified his motion to deny the pool room permit
application based upon staff recommendations as outlined in report dated
October 24, 1991, from the Code Enforcement Manager. Council Member Pickler
seconded the motion.
Before a vote was taken, City Attorney White stated that with the findings that
by reason of the location where the pool room is sought to be located, the
conducting or carrying on of the pool room would be detrimental to the public
health, public order or public morals based upon the findings set forth in the
October 24, 1991, staff report.
Council Member Ehrle incorporated in his motion the findings as articulated by
the City Attorney.
A vote was then taken on the foregoing motion to deny the application and the
motion carried unanimously.
ITEMS OF PUBLIC INTEREST:
Renee Serrano, 1335 S. Petal Place, Anaheim. He expressed concern that all
levels of government are saying they are going bankrupt. He feels there should
be sufficient tax money to provide needed services for a growing population.
He also addressed the Board of Supervisors earlier today and expressed his
concern relative to how cities are represented in County government. He
believes each City is entitled to a representative and not one Supervisor
representing several cities. He also gave his recommendations on other changes
that might be beneficial and that would work so that there is a representative
government.
Council Member Ehrle expressed his appreciation to Mr. Serrano for his interest
in the workings of government and stated he would be happy to meet with him to
discuss his recommendations/concerns; Council Member Simpson also commended
Mr. Serrano for taking an interest in how the government is run and wished
there were more young people such as Mr. Serrano who had that same interest.
D1. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 323, RECLASSIFICATION
NO. 91-92-07~ WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3463 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: JEROME MARKS TRUST/SHERRIE ROBERTS MARKS TRUST, 1080 Park
Newport, Newport Beach, CA 92660.
745
City Hall, Anaheim, California - COUNCIL MINUTES - November 5t 1991, 5:00 P.M.
AGENT: PRS GROUP/PHILLIP SCHWARTZE, 27132-B Paseo Espada, Ste.
27132-B, San Juan Capistrano, CA 92675.
LOCATION= 2144 West Lincoln Ave. Property is approximately 6.47
acres located on the south side of Lincoln Avenue and approximately
102 feet west of the centerline of Empire Street.
GENERAL PLAN AMENDMENT NO. 323: Petitioner requests an amendment to
the Land Use Element of the General Plan redesignating the northerly
1.14 acres of subject property having frontage of Lincoln Avenue
(Portion A) and the southwesterly 2.6 acres of subject property
(Portion B) from the respective General Commercial and Low Density
Residential designations to the Low-Medium Density Residential
designation.
RECLASSIFICATION NO. 91-92-07: Portion A (3.2 acres) from the PD-C
(Parking District-Commercial) Zone to the RM-2400 (Residential,
Multiple-Family) or a less intense zone. Portion B (3.27 acres) from
the CL (Commercial, Limited) Zone to the RM-2400 (Residential,
Multiple-Family) or less intense zone.
CONDITIONAL USE PERMIT NO. 3463: To permit a 3-story, 108-unit,
condominium complex with waiver of minimum landscaped setback, maximum
structural height and maximum fence height.
ACTION TAKEN BY THE PLANNING COMMISSION:
GPA NO. 323 GRANTED (PC91-157) (6 yes votes, I absent).
Reclassification No. 91-92-07 GRANTED (PC91-158).
Waiver of code requirement GRANTED.
CUP NO. 3463 GRANTED, adding a condition that the existing trees along
the south and some along the east be maintained (PC91-159).
Approved Mitigated Negative Declaration.
Informational item at the meeting of October 22, 1991, Item B6.
HEARING SET ON:
Public hearing necessitated due to the General Plan Amendment.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 24, 1991
Mailing to property owners within 300 feet - October 24, 1991
Posting of property - October 25, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated October 7, 1991.
APPLICANT'S
STATEMENT:
Phillip Schwartze, PRS Group. His presentation on the project
was supplemented by slides showing the property and surrounding
land uses. Landscaping exists on the property at this time. In
discussions with neighbors, it was clear they wanted to keep the
landscaping. There are trees all along the south and easterly
edge. As part of their plan, they would utilize the existing
trees and bring forth the landscaping plans to complement the
trees. They have been working with their neighbors to design a
project to satisfy their needs. As the Council will recall,
another company had proposed a different project on the property
which received substantial opposition. One of the things that
746
City Hallr Anaheim, California - COUNCIL MINUTES - November 5r 1991, 5:00 P.M.
came from those deliberations was they wanted town homes in a
gated community. The developer listened and attempted to design
a project that meets all the community concerns and started
meeting individually with the neighbors. He is bringing the
project to the Council with the unanimous support of the Planning
Commission.
Relative to the waivers, the minimum structural height is
required because of the code. When there is tuck-under parking,
it by definition makes a project 3-story. Even with that, it is
under the maximum building height of 34-feet. On the maximum
fence height, some of the neighbors have added blocks to their
six-foot wall making it eight feet. They would propose to do
some uniform develo~ent of a trellis along those sides to
beautify the area. As shown in the slides, there are a number of
mature trees that rim the property. The neighbors have asked
them to kee9 the trees which he believes can be done. Some of
the areas are less than 20 feet and some, 16 feet~ therefore, the
waiver would still be required.
Another issue the Council is going to hear about tonight is the
School District issue. They have had meetings with the School
District. The project consist of approximately 108 units. In
school fees, that is about $222,000 or about $2,000 a unit
average. The Elementary School District receives about
$110,000. The School District projected a generation rate of 44
students in the project. They have requested a school fee, based
on the letter the Council received, of $1,012,000, in addition to
other school fees. Staff indicated several projects have been
approved in the area. There is a William Lyon Project of 124
units or 60 more than the subject project and the conclusion was
that the developer would provide $80,000 for a portable unit and
about $20,000 in technical services. The developer on this
project has suggested they would double the impact fee to the
Elementary School District and instead of $110,000 it would be
twice that. The total fee is about $333,000 to the Elementary
School District and the other money goes to the High School
District, because they are averaging the room sizes. He did have
an opportunity to meet with the School District on behalf of the
developer and suggested to them as recently as this morning that
their proposal to assist in the mitigation would be to double the
fee. He is not sure what their response is going to be.
Mayor Hunter opened the public hearing and asked to hear ~rom
those who washed to speak either in favor or in opposition.
Christopher Whorton, 2074 Della Lane, Anaheim City School
District. The School District is not requesting this project be
cancelled but is requesting a delay in approval until such time
as an agreement is reached on mitigating measures. The Council
has received correspondence from the School District (see letter
747
City Hall, Anaheimt California - COUNCIL MINUTES - November 5, 1991, 5=00 P.M.
dated November 4, 1991, attached to which is a chronology of
events prior to the action of the Planning Commission and their
previous letter of October 31, 1991, regarding the project - made
a part of the record) but he would like to offer points of
clarification. There has been some question as to the timeliness
of the School District's dealings in the issue which he
explained. This morning they received an offer of mitigation
which they have not had time to digest. The project is expected
to generate a minimum of 44 elementary school students. Based on
the State average this is conservative. Developer fees will
cover approximately 15% of the facilities required to house the
students. The Anaheim City School District is full. They
believe that the existing student population will be adversely
affected unless additional funding for school facilities to serve
the students coming from this project is obtained. They
respectfully request that no further action or approval of this
project take place until the Council has received a written
statement from the City School District indicating a full
mitigation agreement has been reached.
Mr. Whorton then explained upon questioning by Council Member
Ehrle School District plans for possibly acquiring new sites, but
the issue to be faced is funding. The board would have no
aversion to raising money if they thought they could do so, but
at this time they do not believe that to be a political reality.
Council Member Ehrle. The City will probably have a measure on
the June Ballot. He suggested perhaps the School District could
coordinate with that to put the issue of school funding on the
ballot. He will do whatever he can to help promote a bond issue
if that will help.
Council Member Pickler. Relative to the project, people do not
want apartments, but home ownership. It is something the City
needs.
Council Member Daly. He and Council Member Ehrle had a meeting
with the School Superintendent and a couple of the school board
members including Mr. Wh0rt0n They talked about their
willingness to work with the School District to try to find
additional sites and additional financing to create new schools.
One thing he £eels She Planning Depar%mene, Planning ~omm[ss~on,
City Manager and City Council need to have is a master facilities
plan for the district. They need to know where the School
District wants to build their new schools if they had the money
and what their shortfall is. The High School District just
completed a comprehensive facilities plan which they have
submitted to the City. Working together he believes they could
find a solution to the School District's facility needs. As an
outgrowth of the City-School coordination meetings, he has asked
the Planning Department's staff to submit to every Planning
Commission Agenda a status of the negotiation with various
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City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
developers. In this case, the Planning Commission did not have
advanced paperwork along with background material on the issue.
The district did have a representative at the Planning Commission
meeting and the Council had advanced notice of the district's
concerns on the project. It should be standard operating
procedure that not only the staffs share information about growth
of the student population and about proposed developments, but
also that the Planning Commission always have a report on the
impact on school facilities. In concluding, he asked Mr. Whorton
if he was asking for a continuance because they need more time to
work out a mitigation agreement. He asked if negotiations had
ceased or were they continuing to talk about mitigations and not
an amount in excess of the State required fee.
Christopher Whorton. Negotiation was opened this morning based
on the information he has.
Council Member Daly. Since the project is not scheduled to break
ground for sometime, he was wondering if there was enough time
over the next few months for the district to continue to talk
with the developer. The district either has to accept or deny
payment of the school fees.
Christopher Whorton. The district does need more time to work
out an agreement. He reiterated they are not opposed to the
project in concept. Their data shows the project will generate
the number of students indicated.
Elizabeth Gerlach, 2117 Hiawatha. They are pleased and satisfied
with the plans for the Lincoln Properties and asked that the
Council approve the project.
COUNCIL ACTION:
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
Phillips Schwartze. It will be early 1993 before proceeding to the point where
they are ready to build the project, one of the suggestions in his discussions
with the School District, although fees are paid at building permit time,
perhaps as an assist, the money could be remitted before that time. He is not
sure how much more negotiation there is with a project of this size. It cannot
support one million dollars, but they have offered doubling of the fee. With
Council's approval, they will continue their negotiations and perhaps work out
other negotiations that might be helpful, but that is about the range they are
in money wise.
ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion by
Council Member Pickler, seconded by Council Member Hunter, the City Council
does hereby approve a mitigated Negative Declaration on the subject project and
accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of the
Public Resources Code on the basis that the Planning Commission/City Council
has considered the proposal with the mitigated Negative Declaration and
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accompaying Monitoring Program, together with any comments received during the
public review process and further finding on the basis of the Initial Study
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. 91R-309 through 91R-311, both
inclusive.)
Council Member Pickler moved to waive the reading in full of the resolution.
Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 91R-309 for adoption, approving
General Plan Amendment No. 323, Exhibit A; Resolution No. 91R-310 for adoption,
approving Reclassification No. 91-92-07 and Resolution No. 91R-311 for
adoption, granting Conditional Use Permit No. 3463, subject to City Planning
Commission conditions and additional stipulations as articulated (also see
clarification to the approvals as stated by the Zoning Administrator, below).
Refer to Resolution Book.
RESOLUTION NO. 91R-309: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 323.
RESOLUTION NO. 91R-310: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING RECLASSIFICATION NO. 91-92-07.
RESOLUTION NO. 91R-311: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3463.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution Nos. 91R-309 through 91R-311, both inclusive,
duly passed and adopted.
Council Member Daly. He for one wants to help the School Districts to solve
problems. There are solutions and he believes Redevelopment is one method.
hopes that approval of the project is not taken as a sign the Council is not
sensitive to the School District's needs. They have come up with some
solutions, but there are others that need to be found. Council Members have
personally met with district officials outside of this forum to find an
agreement. Directing his comments to the City Manager, he asked staff to
report back by the next Council meeting the status of Redevelopment
negotiations going on with the School District.
He
Council Member Ehrle. He noted that Me1 Lopez, Anaheim City School District
Superintendent was present in the Chamber audience. He would like to know what
impact the proposed Lincoln Properties Project is going to have on the School
District and what they are doing to assist the School District. It is a
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City Hall, Anaheim, California - COUNCIL MINUTES - November 5, 1991, 5:00 P.M.
quality project, but it is necessary to work together perhaps in some type of
workshop setting. It is not just the School District problem, but a City
problem and it is necessary to work together.
Council Member Pickler. This project is quite different from the first project
proposed on the property. It is home ownership and it is a big bonus for the
City. He also agrees that the City and the School Districts have to work
together.
Annika Santalahti, Zoning Administrator. She wanted to clarify for the record
that the action the Council took based on what Mr. Schwartze presented is
action on Revision #1 of Exhibit 1, the site plan. The change was made as a
result of the action the Planning Commission took to increase the landscape
buffer on the south side. The commission wanted 20 feet. The developer is
able to provide from 16 feet to 20 feet so there will be some modification to
the Council resolution to both waiver 'A# granted in part as well as conditions
27 and 36 which will now reflect the revised plan.
Mayor Hunter stated that the comments made by the Zoning Administrator are so
incorporated in the resolutions offered by Council Member Pickler; Council
Member Pickler confirmed that is his intent.
D2. 179: PUBLIC REARING - CONDITIONAL USE PERMIT NO. 3452 AND NEGATIVE
DECLARATION:
OWNER: RAYMOND AND PAULINE TEDFORD, 9071 N. Marchand, Garden Grove,
CA 92641.
LOCATION/REQUEST: The property is located at 2806 W. Lincoln Avenue
and is approximately 0.49 acre located on the south side of Lincoln
Avenue and approximately 200 feet west of the centerline of Dale Ave.
The request is to permit a convenience market with take-out fast food.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3452 GRANTED (PC91-149) (6 yes votes, I no vote).
Approved Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Council Members
Pickler and Daly at the meeting of October 8, 1991, and public hearing
scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 24, 1991
Mailing to property owners within 300 feet - October 24, 1991
Posting of property - October 25, 1991
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated September 23, 1991.
APPLICANT'S
STATEMENT:
Raymond and Pauline Tedford, 9071 Marchand Avenue, Garden Grove.
They have owned the property since 1973. They are right in the
middle of putting it all back together and refurbishing the
building.
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Council Member Pickler. He is concerned with the area. He
realizes all the buildings are empty and just now starting to
fill with tenants. He asked staff if there was anything that
shows what is going to be done to the property, not only the
building, but also landscaping, parking lot, etc.
Annika Santalahti, Zoning Administrator. Condition $9 only
covers the issue of landscaping. It requires that the onsite
landscaping irrigation system be refurbished and maintained in
compliance with City standards. There was no reference made in
the conditions to repaying or fixing the parking lot. If the
Council wishes to add conditions, they can do so.
Raymond and Pauline Tedford confirmed they are planning on making
those improvements.
Council Member Pickler asked if staff had enough information to
assure compliance relative to landscaping, repaying, etc. He
also asked if the area behind the auto shop was going to be paved
as well; Raymond Tedford. They are going to reslurry that and
repave a section in the middle. It will all look like a brand
new parking lot.
Joel Fick, Planning Director. Condition $13 will be clarified to
include the refurbishment, resurfacing or reslurrying of the lot
prior to final building and zoning inspections.
There being no further person who wished to speak either in favor or in
opposition, Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Pickler, the City Council approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 91R-312)
Council Member Hunter moved to waive the reading in full of the resolution.
Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Hunter offered Resolution No. 91R-312 for adoption, granting
Conditional Use Permit No. 3452, subject to City Planning Commisison conditions
as well as additional stipulations regarding refurbishment of the parking lot
as articulated by the planning director. Refer to Resolution Book.
RESOLUTION NO. 91R-312: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3452.
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City Hall, Anaheimf California - COUNCIL MINUTES - November 5f 1991~ 5:00 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Pickler, Ehrle and Hunter
None
None
The Mayor declared Resolution No. 91R-312 duly passed and adopted.
ADJOURNMENT: Counc£1 Member Hunter moved to adjourn to Friday, November 8,
1991, at 8:30 a.m. in the Council Chamber, Council Member Pickler seconded the
motion. MOTION CARRIED. (7=20 p.m.)
ANN M. SAUVAGEAU~ ASSISTANT CITY CLERK
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