1990/11/27131
City Hall, Anaheim, California - COUNCIL MINUTES - November 27t 1990~ 5:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Simpson, Daly, Ehrle, Pickler and Hunter
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
ASSISTANT CITY MANAGER: Jim Armstrong
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
TRAFFIC ENGINEER: Paul Singer
ZONING ADMINISTRATOR: Annika Santalahti
ADMINISTRATIVE SERVICES COORDINATOR: Greg Trombley
SENIOR REALPROPERTY AGENT: Richard Santo
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:00 p.m. on November 21, 1990 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 4:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit: Golden West Baseball
Co. vs. City of Anaheim, Orange County Superior Court Case No.
40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al.,
Orange County Superior Court Case No. 44-81-74.
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 meet with its Negotiator regarding the possible lease or sale
of land located at 1566 South Douglass Road, Anaheim California, to
Ogden Financial Services Inc. or other entity for a multipurpose
sports and entertainment arena.
e. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
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.
AFTER RECESS:
being present,
(5:35 p.m.)
Mayor Hunter called the meeting to order, all Council Members
and welcomed those in attendance to the Council meeting.
INVOCATION: Pastor Bryan Crow gave the Invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
127: RECITING THE FACT OF GENERAL MUNICIPAL ELECTION HELD NOVEMBER 6, 1990 -
DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW: Councilman
Pickler offered Resolution No. 90R-411 for adoption. Refer to Resolution Book.
RESOLUTION NO. 90R-411: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6,
1990, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-411 duly passed and adopted.
1095
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
THE CANVASS OF THE GENERAL ELECTION REl~N~-- Ct,'
OF
STATE OF CALIFORNIAI SS.
COUNTY OF ORANGE ) E OF c't~
T, Donald Tanne~, Registrar of Voters of Orange County, do hereby
certify the following to be a full, true and correct Statement of the Vote of
the election listed below, consolidated with the General Election held on
November 6, 1990.
CITY OF ANAHEIM MUNICIPAL ELECTION
MEASURE N MEASURE R
~ 25,513 Y-~-- 19,918
NO 25,518 NO 27,541
MEASURE 0 MEASURE S
YES 26,536 ~ 20,417
HO 21,990 NO 26,~15
MEASURE P MEASURE T
~ 23,990 ~ 26,770
NO 23,395 NO 21,469
MEASURE ~ MEASURE U
~ 32,115 ~ 16,368
NO 16,029 NO 31,184
MAYOR
FRED HUNTER 30,861
IRV PICKLER 22,392
MEMBER OF THE CITY COUNCIL
FRED HUNTER 26,247
BOB O. SIMPSON 23,821
IRV PICKLER 23,357
MIRIAM KAYWO00 23,205
FRANK FELDHAUS 20,420
JO ANN BARNEI-[ 19,427
JOHN SCHAFFER 8,009
PRECINCT BALLOTS CAST: 48,615
ABSENTEE BALLOTS CAST: 9,427
TOTAL BALLOTS CAST: 58,042
129
I hereby certify that the number of votes cast is as set forth above and
appears in the Certified Statement of the Vote.
WITNESS my hand and Official Seal this 20th day of November, 1990.
Orange County
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
City Clerk, Leonora Sohl, then administered the oath of office to the
newly-elected Mayor and Council Members - Mayor/Councilman Fred Hunter,
Councilman Irv Pickler, Councilman Bob D. Simpson.
Outgoing Councilwoman, Miriam Kaywood thanked all of the people who had worked
for and supported her over the 16 1/2 years she had held office, noting that
the world had changed many times during that period. She has been enriched by
meeting all of the wonderful people she otherwise would not have met. It has
also been her pleasure and privilege to work with the outstanding staff of the
City and Management and Department Heads. They are in a class of their own.
Working with them and learning from them has also enriched her life. She has
lived in Anaheim in the same home for 35 years and feels especially blessed.
Every decision she has made was based on what was best for the City and
citizens of Anaheim and she is proud of her record. She will not so much miss
the 90 hours of work a week she devoted to the position but will miss the
people and all of her associations.
Council Member Pickler. He has served with Councilwoman Kaywood for 8 1/2
years. Anaheim is a much better place because of her 20 plus years of service
to the community, four of those having served as Planning Commissioner.
Council Member Ehrle. Although there have been a number of times where they
have disagreed, in all the years he has known Councilwoman Kaywood, she has
served the community well. He thanked her from his perspective of Councilwoman
Kaywood always giving another point of view.
Mayor Hunter. He thanked Councilwoman Kaywood and on behalf of himself and his
family wished her health and happiness - that she will enjoy her "retirement"
and especially enjoy her new grandchild.
Council Member Daly. He also wished Councilwoman Kaywood the very best and
thanked her for the many years of service she had given to the Anaheim
community.
Newly Elected Council Member Bob Simpson. He wished Councilwoman Kaywood well
in her "retirement" although he feels she will not really retire. He thanked
her for her 16 1/2 years of distinguished service.
Mayor Hunter, on behalf of the Council, then presented Councilwoman Kaywood
with flowers; Councilwoman Kaywood then left the Council Chamber.
The newly elected/re-elected Members gave brief opening remarks.
Councilman Simpson. Running for office was one of the most demanding
experiences in his life. There are many people to thank individually - those
who contributed of their time, their effort and also monetarily. He thanked
them all naming some of those who were instrumental in making his first
experience running for Office a success. He than introduced family members who
were present including his wife Mary and his mother. He promised when he ran
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
if he did nothing else, he would listen. He will keep that promise as well as
his promise to work hard, vote his conscience and always in the best interest
of the City and the people. He is looking forward to working with the Council
and staff. He believes the City's future is bright and unlimited and he is
looking forward to it with anticipation.
Councilman Pickler. He thanked the people of Anaheim for re-electing him to
office. He will again work to the best of his ability and in the best interest
of the City of Anaheim, a City which has prospered because of its people. He
then introduced members of his family who were present and especially thanked
his wife Betty. He is looking forward to the challenge. The Council has to be
a team of five if they are going to accomplish what is best for the City and to
keep it moving forward. He is looking forward to the next four years.
Mayor Hunter. He introduced his wife Jeannie and acknowledged members of his
family and also his extended office family who were present. He then
personally acknowledged those individuals who were so instrumental in his
successful campaign and all the 30,000 plus people who voted for him and the
many contributors large and small as well. Quality of life is what Anaheim is
all about - where the citizens live, work and play. The City has the best
employees from top to bottom - with the finest Police Department and finest
Fire Department in the nation. The City's employer's employee relationship is
a very important one and they must continue to work together in that
relationship. The Council must also continue listening to its constituents.
He will continue to promote the politics of inclusion and not exclusion. The
City will move forward because City government will be part of a solution to
the problem and not the problem. He sees a new era of togetherness in moving
the City forward into the 21st century. He again thanked all of those who
assisted him in his campaign.
RECESS: By general consent the Council recessed for 15 minutes. (6;05 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present. (6:27 p.m.)
119: PRESENTATION - PROJECT S.A.Y. (SAVE-A-YOUTH}: Chris Jarvi, Director of
Parks, Recreation & Community Services, introduced the 12 youngsters from four
playground groups in the City (Jeffrey/Lynn, Paul Revere School, Manzanita Park
and Palm Lane School) who won awards for the posters they submitted, all
anti-drug related showing their commitment to make the right choice in saying
no to drugs.
Mayor Hunter and Council Members congratulated each of the youngsters on their
fine work. Another youngster, Mara Aguerre commented on the program which she
feels is beneficial to kids, and the people who run the program are very
caring.
119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and
authorized by the City Council:
Motorcycle Safety Week in Anaheim, December 3-9, 1990.
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City Hallt Anaheimt California - COUNCIL MINUTES - November 27, 1990~ 5:30 P.M.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously
adopted by the City Council to be presented to Walt DeBruyn, Lead Facility
Maintenance worker, upon his retirement after 21 plus years of dedicated
service to the City.
119: PRESENTATION - SUPER SPEED TRAIN PROGRESS REPORT: Greg Trombley, Staff
Liaison to the Super Speed Train Commission. The Super Speed Train Commission
sometime ago designated Anaheim as the terminus location in Southern
California. Staff has been working closely with the Super Speed Train
Commission (SSTC) and toured construction in 1993 and operation in 1997. 1991
represents, a pivotal year on the project in terms of whether or not the project
will go forward. There will be challenges relative to public right-of-way,
fare box regulation, etc. He then introduced Paul Taylor, Executive Director
of the Bi-State Commission to give an update on the project.
Paul Taylor, Executive Director of the Bi-State Commission. He expressed the
thanks of all 16 members of the Bi-State Super Speed Train Commission. Staff
and Council are to be commended for the sustained support the Commission has
received from the City. The Commission has recently selected the franchisee
for the privately developed project. The lead is Bechtel Corporation and they
are forming their team from around the world. Next year will be critical
because they will be looking for their financing which will be 100% private,
identifying the right-of-way and pinning down exactly where the train will be
running. They will also be starting the Environmental Impact Report that will
be required before all of the public approvals can be given to the project.
They will also be dealing with questions on regulations. All work is aimed
toward an approval the end of 1992 by all the public bodies involved in
permitting and allowing the project to go into construction.
Mr. Taylor stated that although this concludes his brief presentation, he has
with him a video tape but will leave it to the Council's discretion whether to
show it now, or at a later time.
Council Member Daly. As the Mayor stated, workshops are going to be scheduled
in the coming months on various topics - one being all of the various
transportation projects planned for Orange County. That may be a better time
to view the video considering tonight's meeting schedule. He commended Mr.
Taylor who was brought in for this pioneering nationwide project - one of the
g~eatest ever conceived in America. Mr. Taylor has extensive experience with
the Los Angeles County Transportation Commission and help set the ground work
in Los Angeles for the real program they are presently embarking on. There
could not be a better person involved than Paul Taylor. He thanked Mr. Taylor
for coming as did the Mayor and other Council Members.
Council Member Pickler. Rail is the wave of the future. He noted the Chairman
of the subject Commission representing Nevada and California is Supervisor Don
Roth (former Mayor/Councilman of Anaheim) who has done an outstanding job.
Mr. Roth is a strong leader in pushing the project forward and in a positive
direction.
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City Hallt Anaheimt California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
MINUTES: Councilman Pickler moved to approve the minutes of the regular
meeting held September 11, 1990. Councilman Ehrle seconded the motion.
MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,039,137.34 for the week
ending November 16, 1990; and $4,161,891.09 for the week ending November 21,
1990, in accordance with the 1990-91, budgets were approved.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Manager. (Resolution Nos. 90R-412 through 90R-415, both
inclusive)
Councilman Pickler moved to waive reading of the Resolutions. Councilman Ehrle
seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Ehrle, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Councilman Pickler offered
Resolution Nos. 90R-412 through 90R-415, both inclusive, for adoption. Refer
to Resolution Book.
Al. 156: Receiving and filing the Anaheim Police Department Crime and
Clearance Analysis for the month of October, 1990.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held September 13, 1990.
105: Receiving and filing minutes of the Community Services Board meeting held
September 13, 1990.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held November 7, 1990.
A2. 129: Rejecting all bids submitted for the Fire Station #9 Project.
A3. 169: Extending the contract completion date by 63-days, assessing
liquidated damages for one day in the amount of $440 and approving a Notice of
Completion of the construction of Brookhurst Street Street Improvements from
Lincoln Avenue to Crescent Avenue by Vernon Paving Company, and authorizing the
mayor to sign and the City Clerk to file said Notice of Completion.
A4. 144: Approving a Right-of-Way Certification for Arterial Highway
Financing Program (A.H.F.P. No. 1282 Harbor Boulevard/Katella Avenue to
Orangewood Avenue), and authorizing the Mayor and City Clerk to execute said
Right-of-Way.
A5. 170: Approving a Subdivision Agreement with Anaheim Hills Business Park
for Parcel Map No. 90-109. Said parcel is located at the westerly terminus of
Chaparral Court and the northeasterly corner of Monte Vista Road and Roosevelt
Road.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990., 5:30 P.M.
A6. 123: Waiving the requirements of Council Policy 401, and entering into an
agreement, in an amount not to exceed $93,700 with Kellogg Corporation for
claims consulting services for the Police 2000 project.
A7. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding, to Computer Service Company
Division, in the amount of $29,197.50 for two traffic controllers (to be
installed at the intersections of La Palma and Tustin Avenue and La Palma at
Pacific Center Drive).
A8. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding or advertising to Sico
Incorporated, in the amount of $109,172.32 for a portable staging system at the
Convention Center.
A9. 123: Authorizing the Purchasing Agent to give a 30-day notice of
cancellation of the agreement with Norco Delivery Service, Inc., which
currently provides for mail delivery service to City offices (effective
December 31, 1990).
Al0. 123: Approving a Fourth Amendment to Agreement with Jack R. Winn, dba
Western Counties Maintenance Company, in order to increase the total area to be
maintained (for custodial services at various City locations) from 69,060 to
83,783 square feet, and increasing the total monthly charges from $4,489 to
$5,416.
All. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Public Management Services (PRC), in the amount of
$89,084 for providing equipment and software upgrades for the existing
computer-aided dispatch system located in the Police Department.
Al2. 153: RESOLUTION NO. 90R-412: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM POLICE
ASSOCIATION AND THE CITY OF ANAHEIM. (Amending Article 58, Insurance.)
Al3. 152: Authorizing the City Manager to approve the proposal by the
Goldenwest Baseball company to increase the season parking fee from $400 per
season to $500 per season.
A14. 123: Approving a mutual aid agreement with the City of Fullerton in
order to provide temporary emergency back-up of 911 reporting systems in the
event of a system failure.
Al5. 103: RESOLUTION NO. 90R-413: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AGREEING TO REDISTRIBUTION OF PROPERTY TAXES FORANNEXATION NO.
280 - THE GYPSUM CANYON ANNEXATION - TO THE CITY OF ANAHEIM.
Al6. 158: RESOLUTION NO. 90R-414: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OFANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
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City Hall~ Anaheim, California - COUNCIL MINUTES - November 27, 1990~ 5:30 P.M.
Al7. 123: Approving an Attorney Services Agreement with Hill, Farrer &
Burrill to provide outside counsel services with regard to land use and
environmental law issues, and authorizing the City Attorney to sign said
agreement on behalf of the City.
Al8. 128: Receiving and filing the Comprehensive Annual Financial Report
presented by the Director of Finance for the year ended June 30, 1990.
Al9. 117: Receiving and filing the City Treasurer's Summary of Investment
Transactions for October, 1990.
A20. 155: Approving (1) the Negative Declaration and (2) the parking licenses
between the City and County for the Arena project at the following locations:
Katella Maintenance Yard, Santa Ana River Channel, and Refuse Transfer Station
#3.
A21. 144: RESOLUTION NO. 90R-415: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DESIGNATING A CONGESTION MANAGEMENT PROGRAM AGENCY FOR ORANGE
COUNTY. (Designating the orange County Transportation Authority as the
Congestion Management Program Agency for Orange County.)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 90R-412 through 90R-415, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
105: APPOINTMENT TO THE HOUSING AUTHORITY COMMISSION BOARD AND COMMUNITY
REDEVELOPMENT COMMISSION: (1) Appointment to the Housing Commission Board to
fill the current vacancy for Tenant Commissioner left by Michael Gordon - term
expires June 30, 1992. (2) Appointment to the Community Redevelopment
Commission to fill the unscheduled vacancy left by Donna Berry - term expires
June 30, 1994. (This matter was continued from the meeting of November 13,
1990, to this date.)
MOTION: Councilman Ehrle moved to continue the subject appointments for two
weeks (December 11, 1990) to give the new Council Member an opportunity to
review the applications. Councilman Pickler seconded the motion. MOTION
CARRIED.
127: PROPOSED MOBILEHOME SPACE RENT STABILIZATION ORDINANCE - FISCAL IMPACT
REPORT: Fiscal Impact Report in connection with the Mobilehome Rent Control
Initiative as ordered by the Council at their meeting of November 6, 1990.
Submitted was report dated November 24, 1990 from Ronald Rothschild,
Administrative Services Director for information purposes only.
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City Hall. Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
Mayor Hunter asked the City Attorney to outline the Council's options.
City Attorney, Jack White. In accordance with the request made by the City
Council three weeks ago and under the applicable provisions of the State
Elections Code, the Council has been provided with a fiscal impact report
(report dated November 20, 1990 from the Administrative Services Manager). In
addition, the Council has received under separate cover a confidential
memorandum also requested by the Council from his (White's) Office relating to
a legal analysis of the initiative measure as proposed by the petition. His
office and the Council also previously received an 11 - 12-page letter from
Attorney Robert Caldon representing some of the mobilehome parks in the City
which he has analyzed in preparing his report to the Council.
The issue before the Council is not whether the Council supports or does not
support mobilehome park rent control. It also is not whether if the initiative
measure is adopted by either the Council or through an election, whether
provisions may subsequently be found to be unenforceable or unconstitutional or
preempted by state law. The issue before the Council is what is the City's
legal obligation with regard to the petition signed by over 15% of the
registered voters in the City. Following his analysis he concurs with the
report submitted on November 20, 1990 by the City Clerk. It recommends the
Council tonight either introduce the ordinance and adopt, it within the next ten
days or by resolution, which has been prepared and is in the Council packets,
call a Special Election for next March. In his view, those are the two viable
options.
Councilman Pickler offered Resolution No. 90R-416 for adoption Refer to
Resolution Book.
Mayor Hunter. He stated before a vote is taken, in fairness to the Chamber
full of people that they give an opportunity to hear some of those in favor of
setting a Special Election or anyone else, but Only relative to the issue
facing the Council tonight.
Since the resolution calling for a Special Election had been offered, it was
the Council consensus that the resolution should be voted on at this time.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-416)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-416 for adoption. Refer to
Resolution
Book.
/
RESOLUTION
NO. 90R-416: A RESOLUTI~ OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CALLING AND GIVING NOTICE ~F THE HOLDING OF A SPECIAL MUNICIPAL
--
ELECTION ON TUESDAY, MARCH 5, ,1&3~, FOR THE SUBMISSION TO THE VOTERS A QUESTION
RELATING TO THE MOBILE HOME RENT STABILIZATION ORDINANCE.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
Roll Call Vote=
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Ehrle, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-416 duly passed and adopted.
Mayor Hunter then asked if anyone would like to give a short comment on either
side of the issue.
Dale Smith, 501 East Orangethorpe, Rancho La Paz Mobilehome Park. He
complemented the Council on passing the foregoing resolution. That is all the
mobilehome park residents have been asking. He lives in a park where the owner
has been reasonable. If rent stabilization does come about, it will not affect
his park very much. However, when rents escalate as they have done in other
parks, that is what has caused the problem. It is now time for the voters to
decide.
WAIVER OF READING - RESOLUTION: The title of the following resolution was read
by the City Clerk. (Resolution No. 90R-417)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-417 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 90R-417: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REQUESTING TH ..O OF SUPERVISORS OF THE COUNTY OF O GE TO CONDUCT
Roll Call Vote:
AYES: COUNCIL MEMBERS: Simpson,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Daly, Ehrle,
Pickler and Hunter
The Mayor declared Resolution No. 90R-417 duly passed and adopted.
City Clerk Sohl. The next two resolutions are submitted at this time for
Council consideration because, although they are optional, they are required to
be adopted at the time the election is called if they are offered. The first
of the proposed resolutions allows the Council to set priorities for filing
written arguments and directs the City Attorney to prepare an impartial
analysis. The second provides for filing of rebuttal arguments. If rebuttal
arguments are not allowed, there will only be arguments for the measure and
arguments against.
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City Hallt Anaheim, California - COUNCIL MINUTES - November 27, 1990r 5=30 P.M.
Councilman Pickler. He would like to have the City Attorney prepare an
impartial analysis and also give the fiscal impact of the measure. He asked if
that was something that could be included.
City Attorney White. He believes that would be a proper motion. State law
describes what can be included and legally that information can be included.
MOTION= Councilman Pickler moved to direct the City Attorney to prepare an
impartial analysis which will include data on the fiscal impact. Councilman
Daly seconded the motion.
Before a vote was taken, a brief discussion followed regarding the setting of
priorities which was not a part of the motion. City Attorney White explained
if the Council does nothing, the City Clerk has the authority to determine
priorities for arguments for and against the measure.
Councilman Ehrle. He feels there should be arguments for and against the
measure and let the people decide. The City should stay out of the matter.
APAC (Anaheim Political Action Committee) should write their side and the
opposition should write theirs.
After further discussion, Councilman Daly stated he does not see a need to set
priorities for filing written arguments. He believes the City Clerk can handle
that in accordance with the Elections Code. As one Council Member, he does not
intend to write an argument. He does believe, however, that the voters deserve
an impartial analysis. Every state proposition has an impartial analysis and
every one of the City's Charter Amendments on the November 6, 1990 ballot had
an impartial analysis. It is fairly routine. It describes to the voters what
they are about to vote on in an objective manner. He feels it is good
government.
Mayor Hunter. He asked if the Council would then have an opportunity to look
at the impartial analysis.
City Attorney White. In the past, he has provided copies of the draft
impartial analysis to the Council. However, under state law if the Council
directs him to prepare the impartial analysis, he will do so but it does not
mean it will please all five Members. As a courtesy, he gives the Council the
0990rtunity to look at it.
Councilman Bob D. Simpson. He would like to see that done. He feels the
impartial nature that the City Attorney would bring to it would have meaning
not only to the Council, but also to the multitude of people who may well vote
on the measure.
City Attorney White then confirmed for the Mayor that it was entirely at the
City Attorney's discretion and not Council's input, that relative to the
impartial analysis there is a procedure in the Elections Code that requires the
analysis to be available to the public for a minimum of 15 days before the
material is printed. During that time anyone who is dissatisfied with the
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
analysis has the right to go to court and have it changed if something was
wrong. There is a mechanism in the law to correct errors of City Attorneys.
City Clerk Sohl also explained for Councilman Ehrle that all of the decisions
had to be made this evening. However, additional items still could be placed
on the ballot in the next week. In lieu of the motion by Councilman Pickler
asking for an impartial analysis, Councilman Hunter offered Resolution
No. 90R-418 for adoption, directing the City Attorney to prepare an impartial
analysis. Refer to Resolution Book.
RESOLUTION NO. 90R-418: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR A CITY
MEASURE.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly, Ehrle, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-418 duly passed and adopted.
City Clerk Sohl. The last resolution relating to rebuttal arguments is
entirely optional. If adopted, rebuttal arguments will be allowed; otherwise,
only arguments in favor and arguments against will be allowed and the impartial
analysis.
Mayor Hunter. Considering the many issues and the lengthy ballot for the
November 6, 1990 Election, he believes that an argument in favor and against
and an impartial analysis would be best and less confusing for the voters.
Rebuttal arguments will only confuse the issue.
Council discussion followed relative to allowing or not allowing rebuttal
arguments. Council Members Pickler and Daly spoke in favor of giving the
opportunity for rebuttal arguments.
At the conclusion of discussion with additional input from the City Attorney,
Councilman Pickler offered the resolution providing for the filing of rebuttal
arguments for City measures submitted at municipal election. The resolution
failed to carry by the following vote:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly and Pickler
Simpson, Ehrle and Hunter
None
Councilman Daly. There was one individual who wanted to make a comment. He
heard people that wanted to speak and asked if they would be allowed to do so;
no one indicated they wished to speak at this time.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
Councilman Ehrle. Before moving on, since there is going to be a Special
Election, he would like to talk about other items that the Council might place
on the ballot.
City Attorney White. Since that item is not on the agenda, he suggested it
might be more appropriate to discuss those under Council Comments. As he
pointed out in one of the documents given to the Council, the last day to act
upon any additional items to be placed on the Special Election ballot would be
December 7, 1990. However, on that Friday, it would be necessary to have the
precise wording and staff will need lead time to draft that wording. If the
Council needed to meet again after next Tuesday, December 4, 1990, and before
the next meeting, he would recommend that the Council adjourn to Friday,
December 7, 1990.
RECESS: By general consent the Council recessed for ten minutes. (7:15 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present. (7:22 p.m.)
179: ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 5, 1990 -
INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 27, 1990:
B1. WAIVER OF CODE REOUIREMENT - CONDITIONAL USE PERMIT NO. 3345 AND NEGATIVE
DECLARATION:
OWNER: PECKHAM FAMILY TRUST, ATTN: WILLIAM HOCKENBERRY, 180 E. Main
St., Ste. 170, Tustin, CA 92680
AGENT: WILLIAM HOCKENBERRY, 180 E. Main St., Ste. 170, Tustin, CA
92680
LOCATION: 700 E. Katella Ave. Property is 2.15 acres with a frontage
of 184 feet on the south side of Katella Avenue and approximately 420
feet west of the centerline of Lewis Street.
To permit a truck sales and repair facility, with waiver of minimum
number of parking spaces and minimum landscaped yard area.
ACTION TAKEN BY THE PLANNING COMMISSION:
cup NO. 3345 GRANTED, (for five years) (PC90-254) with proposed new
pole sign and no dedication (4 yes votes, 3 no votes).
Waiver of code requirement APPROVED - applicant to improve landscaping
and bring it up to City standards subject to the Planning Department's
approval.
Approved Negative Declaration.
Councilman Pickler. He has a problem with this proposal. It is an area the
Council is concerned about - commercial/recreation area.
Councilman Daly. He noted the staff report states the property is in the
right-of-way for the I-5 widening - 700 East Katella. The map indicates it is
Lewis Street.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990,.5:30 P.M.
Paul Singer, Traffic Engineer. It is at the right-of-way portion. Lewis
Street is going to have an overcrossing over the I-5 and will require
right-of-way take in this area.
A review of the Planning Commission's decision was requested by Council Members
Pickler and Ehrle, and therefore, a public hearing will be scheduled at a later
date.
B2. WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3315 AND NEGATIVE
DECLARATION:
OWNER: First Church of the Nazarene, Anaheim, ATTN: Reverend Jarrel
Garsee, 1340 N. Candlewood St., Anaheim, CA 92805
LOCATION: 1322, 1326 Norwood St. and 1323, 1327 and 1340 Candlewood
St. Property is approximately 3.68 acres located at the northerly
terminus of Norwood and Candlewood Streets and located approximately
390 feet north of the centerline of Kenwood Ave.
To permit temporary modular structures and the expansion of an
existing church and child day care center with waivers of minimum
number of parking spaces and minimum setback for institutional uses
and maximum structural height.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3315 DENIED (PC90-255) based on findings of traffic impact and
over intensification of land uses in the area (5 yes votes, 1 no vote,
and 1 abstained).
Waiver of code requirement DENIED.
Negative Declaration DENIED - based on existing traffic impacts it
would only be exacerbated by this new addition.
The Planning Commission's decision was appealed by the applicant and therefore,
a public hearing will be scheduled at a later date.
B3. WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3349 AND NEGATIVE
DECLARATION:
OWNER: WESTERN MEDICAL CENTER ANAHEIM, Attn: Mark King, 1025 S.
Anaheim Blvd., Anaheim, CA 92805
LOCATION: 1025 SOUTH ANAHEIM BOULEVARD. Property is approximately
4.45 acres located on the west side of Anaheim Boulevard and
apDr0ximatel¥ 340 feet north of the centerline of Ball Road.
To permit a 16,500 square foot birthing center addition to an existing
hospital (Western Medical Center) with waiver of minimum number of
parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3349 GRANTED (PC90-256)
GRANTED waiver of parking spaces.
Approved Negative Declaration.
B4.
RECLASSIFICATION NO. 90-91-13f VARIANCE NO. 4088 AND NEGATIVE DECLARATION:
OWNER: ANAHEIM MEDICAL BUILDING PARTNERS, 1251 Bryant Road, Long
Beach, CA 90815
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
AGENT: DAN L. ROWLAND & ASOC. INC., 1290 N. Hancock, Ste. 204,
Anaheim, CA 92807
LOCATION: 1820 W. Lincoln Ave. Property is approximately .64 acre
located south side of Lincoln Ave. and approximately 470 feet east of
the centerline of Broadview Street.
For a change in zone from RS-A-43,000 to CO or a less intense zone,
and for a waiver of minimum structural setback to construct a 2,788
sq. ft. I & 2 story addition to an existing medical building.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 90-91-13 GRANTED (PC90-257) (7 yes votes.)
Variance No. 4088 GRANTED, with additional condition as requested by
Traffic Engineering (PC90-258).
Approved Negative Declaration.
B5. WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3352 AND NEGATIVE
DECLARATION:
OWNER: DALE SELLON, 3317 HARBOR BLVD., COSTA MESA, CA 92627
AGENT: TACO BELL, ATTN: STEVE ABBOTT, 17901 VON KARMAN AVE., #303,
IRVINE, CA 92714
LOCATION: 324 S. BROOKHURST ST. Property is approximately 0.81 acre
located on the east side of Brookhurst St. and located approximately
320 feet south of the centerline of Broadway.
To permit a drive-through restaurant with waiver of required setback
abutting a single-family zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3352 GRANTED, IN PART, (PC90-259) (7 yes votes).
Waiver of required setback DENIED, lO-foot wide landscaped setback,
with 15-gallon, broad-headed trees to be planted on 15-foot center.
Approved Negative Declaration.
B6.
VARIANCE NO. 4095, CATEGORICALLY EXEMPT, CLASS 3:
OWNER: MYONG SHIK YUN, 727 S. BEACH BLVD., ANAHEIM, CA 92804
AGENT: MICHAEL LUNA, 27132-A PASEO ESPADA, #422, SAN JUAN CAPISTRANO,
CA 92675
LOCATION: 5050 COPA DE ORO DRIVE. Property is approxima=ely 0.85
acre located on the south side of Copa De Oro Drive and approximately
875 feet north and west of the centerline of Nohl Ranch Road and Copa
De Oro Drive.
Waiver of maximum structural height to construct a 53-foot high, 9,144
square foot single family residence.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4095 GRANTED on the basis that actual structural height
of building from the finished grade is 35 feet, unusual grade
characteristics (PC90-260) (7 yes votes).
134: REPORTS AND RECOMMENDATIONS:
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City Hallr Anaheim, California - COUNCIL MINUTES - November 27, 1990r 5=30 P.M.
B7. ORANGE COUNTY FLOOD CONTROL DISTRICT - REQUEST TO DETERMINE CONFORMANCE
WITH THE GENERAL PLAN
Property is located at the northwest corner of Anaheim Hills Road and
Nohl Ranch Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED.
B8. ORANGE COUNTY FLOOD CONTROL DISTRICT - REQUEST TO DETERMINE CONFORMANCE
WITH THE GENERAL PLAN
Property is located approximately 70 feet west of Douqlass Road on the
north side of Katella Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED.
End of the Planning Commission items.
179: ORDINANCE NO. 5186 - ADOPTION:
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5186)
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Ordinance No. 5186 for adoption. Refer to Ordinance
Book.
ORDINANCE NO. 5186: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 87-88-26,
located at 2430 East Katella Avenue, from the CR zone to the CL zone.)
179: REQUEST FOR REHEARING - RECLASSIFICATION NO. 90-91-09, WAIVER OF CODE
REQUIREMENT, CONDITIONAL USE PERMIT NO. 3324 AND NEGATIVE DECLARATION: A
request for rehearing was submitted by the agent for the applicant, Ariel
Valli, 15375 Barranca Parkway, Ste. 100, Irvine, CA 92718.
The property is approximately 3.3 acres located on the north side of Broadway
approximately 384 feet east of the centerline of Hessel Street. The request
was for a change in zone from RS-A-43,000 to ML, and to permit a self-storage
facility with manager's unit with waiver of minimum number of parking spaces.
At the Planning Commission hearing, the Planning Commission granted the
reclassification and the conditional use permit with certain conditions and
approve the negative declaration.
A review of the Planning Commission's decision was requested by Councilman Daly
and Councilman Pickler at the meeting of September 18, 1990 and public hearing
1110
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
scheduled and continued from the meeting of October 9, 1990, to November 6,
1990. At the public hearing before the Council, the City Council denied
Reclassification and Conditional Use Permit. Subsequently, a request for
rehearing was submitted by the agent and the request scheduled this date.
Mayor Hunter. The Council denied the project because it is in the Plaza
Redevelopment Area and possible rail right-of-way amongst other things. It is
not an appropriate place to put storage units. His reaction is to deny the
request.
Ariel Valli. He wanted to see if that was the reason or because there was no
representative present at the time of the public hearing. There are still
things they would like to present to the Council.
Mayor Hunter. The Executive Director of Community Development, Lisa
Stipkovich, gave input at the last meeting. He suggested that is the person
Mr. Valli should talk to.
Ariel Valli. They have tried that and have not been able to get anywhere.
They should be given one last opportunity to give a presentation. He feels
that the various departments are not speaking to each other.
Councilman Pickler. The matter has been before the Council twice. They were
looking for the applicant or agent to be present at either of the hearings that
was scheduled but no one was present.
Ariel Valli. They have been meeting withithe Redevelopment Commission and the
Agency during that time. He apologized for not being present.
MOTION: Councilman Hunter moved to deny~he request for rehearing on
Reclassification No. 90-91-09, Waiver of ~ode Requirement and Conditional Use
Permit No. 3224 and Negative Declaration.! Councilman Ehrle seconded the
motion. MOTION CARRIED UNANIMOUSLY.
179: VARIANCE NO. 3709 - REQUEST FOR EXTENSION OF TIME: Requested by Paul
Williamson, 3450 E. La Palma Avenue, Anaheim, CA 92806.
LOCATION/REQUEST: The property is locate~ at 4800 Copa de Oro Drive (Lot 32 of
Tract 12576) subject property is located On the northeasterly corner of corner
of the intersection of Nohl Ranch Road and Copa de Oro Drive. The petition
requests an extension of time for Varianc~ No. 3709, retroactive to December 8,
1989, and to expire December 8, 1991.
Variance No. 3709 is for waiver of maximum structural height and minimum
rear
yard setback to construct a 35-foot high Single-family residence in the Scenic
Corridor. ~
Councilman Pickler moved to approve the requested extension of time as
recommended in report dated November 19, ~990 from the Zoning Administrator, to
expire December 8, 1990. Councilma~ Hunter seconded the motion.
MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
108: HEARING - PAN PACIFIC HOTEL TRANSIENT OCCUPANCY TAX APPEAL: To consider
the appeal of the Pan Pacific Hotel regarding Transient occupancy Tax audit
number 89070.
Submitted was informational report dated November 29, 1990 from the Program
Development & Audit Manager, Ken Stone.
City Clerk Sob1 announced that the auditors for Pan Pacific, KPMG Peat Marwick
have submitted a letter requesting that the Council continue this item to
December 11, 1990. There may be a representative from the hotel present today
but the auditors were unable to be present.
MOTION= Councilman Daly moved to continue the hearing on the subject appeal to
Tuesday, December 11, 1990. Councilman Hunter seconded the motion.
MOTION CARRIED.
119: DISCUSSION TO DETERMINE WHETHER TO DESIGNATE THE MISS ANAHEIM PAGEANT AS
THE CITY'S OFFICIAL PAGEANT/HOSTESS: This matter was discussed at the meeting
of October 16, 1990 under Items of Public Interest upon a request by
representatives of the Miss Anaheim Pageant, Earlene Jones and Jim Fueger (see
minutes that date). It was subsequently determined that the subject issue
only, without financial consideration, be discussed and scheduled this date.
MOTION: Councilman Hunter moved to designate the Miss Anaheim Pageant as the
City's Official Pageant and Hostess. Councilman Ehrle seconded the motion.
MOTION CARRIED.
176. CONTINUED PUBLIC HEARING - ABANDONMENT NO. 89-2A: The abandonment was
requested by E1 Vee, Inc., 200 West Midway Drive, Anaheim, California 92805,
to consider abandoning a portion of Clementine Street and an unnamed public
alley both extending southerly from Midway Drive.
At its meeting of August 14, 1990, the City Council adopted Resolution
No. 90R-292 declaring its intention to abandon the subject property. The
proposed abandonment was duly published in the Anaheim Bulletin and notices
thereof posted in accordance with law.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin August 23 and August 30, 1990.
Posting of property August 24, 1990.
A public hearing was scheduled and continued from the meetings of September 11
and October 2, 1990, to this date at the request of the attorney for the
applicant.
City Clerk Sohl. The item was continued to this date to allow the applicant to
go before the Planning Commission and request that a condition which had
previously been existing concerning the abandonment be amended to delete the
requirement for the abandonment. That has been accomplished. The intent of
the applicant was then to withdraw the request for the abandonment but she does
not have that request in writing.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
Richard Santo, Senior Real Property Agent. He has a letter dated October 25,
1990 from the attorney representing the applicant withdrawing the abandonment
request.
MOTION= Councilman Pickler moved to approve the request by the applicant to
withdraw the abandonment application. Councilman Daly seconded the motion.
MOTION CARRIED.
There was no further action by the Council on the proposed abandonment.
179: PUBLI.C HEARING - VARIANCE NO. 4091 AND NEGATIVE DECLARATION:
OWNER:
Rick Byers & Kathy Byers
4590 MacArthur Blvd., $550,
Newport Beach, CA 92660
LOCATION/REQUEST: The property is located at 2831 West Ball Road and is
approximately 0.48 acres located on the north side of Ball Road and
approximately 440 feet west of the centerline of Dale Ave. Waivers of minimum
number of parking spaces, minimum floor area per dwelling unit and minimum
distance between building walls to retain an illegal dwelling unit within
existing 12-unit apartment complex.
ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4091 was denied
(PC90-251) (4 yes votes, 2 no votes); approved Negative Declaration.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin November 15, 1990.
Mailing of property November 14, 1990.
Mailing to property owners within 300 feet - November 16, 1990.
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated October 22, 1990.
HEARING SET ON:
A letter of appeal was submitted by the owners, Rick and Kathy Byers,
public hearing scheduled this date.
and
Before asking to hear from the applicant, Mayor Hunter requested that staff
relay the history involved in the subject request.
Annika Santalahti, Zoning Administrator. The 12-unit project was
constructed in 1962 at a time when the parking requirement was
1 1/4 spaces per unit. The project was supposed to have
15parking spaces and 12 apartments on the property. Subsequently
two of the spaces were converted into a 530 square-foot bachelor
unit (making a 13th unit) with no additional parking. It reduced
the number of spaces as well as having built the unit without a
permit. The existing 12 units with i 1/4 spaces would have been
legally nonconforming but the action taken a number of years ago
in adding the bachelor unit dropped the parking below what code
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
APPLICANT'S
STATEMENT:
even required in 1962. If the project were built today, 32
spaces would be required. The Planning Commission determined 32
spaces are the code requirement for parking but that is based on
a project built today. Technically it should say 15 spaces are
required - 13 plus two for the bachelor unit. Staff has no
record of the new addition.
Rick Byers. He and his wife purchased the property on May 10,
1990 and on June 15, 1990 were informed that unit 13 did not have
a permit. The unit has been in existence for 12 years and is
rented to a senior citizen on a fixed income for $450. He hired
an architect and licensed contractor to do whatever he could to
correct the situation - to get a permit and do whatever necessary
to bring it up to code. To tear the unit down would be of no
benefit to anyone plus he would have to ask the senior living
there now to leave. They are not the perpetrators of the
violation.
Annika Santalahti. The illegal unit was discovered as a result
of Code Enforcement action on a complaint they received. If the
unit remained under the old existing code, the project would be
short four parking spaces.
Rick Byers. He explained for the Mayor that there is no land
available to provide the four additional spaces since it is
landlocked on all sides. The complex is rented by mostly senior
citizens and they tend not to have cars. There have been no
problems or complaints and there was no opposition at the
Planning Commission. The only problem is not enough parking.
The unit has been in existence and rented for many years.
Paul Singer, Traffic Engineer. There are parking problems in
that area. The streets are saturated and there is some overflow
parking. Staff has made a recommendation to the Planning
commission as well a6 to the Council that the request be denied
because there is a severe shortage of parking.
C0uneilman Ehrle. To him the Dr0blem is not the Darkin~ but that
there was a unit built illegally and it has taken 12 years to
come to the City's attention. The new owner wants to bring it up
to code. Twelve years ago the owner could have come to the
Council and asked for a variance for I or 1/2 spaces but under
today's requirements it is not within code. He feels it is a
much nicer unit than he sees in many places in Anaheim. There is
a pride of ownership. This is one of the rare exceptions where
if they allowed the new owner to bring it up to code he feels it
would not be inappropriate.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990,. 5:30 P.M.
Mayor Hunter. The Traffic Engineer is saying even if the unit
was brought up to code, four additional spaces are still
required. If the additional unit was built back in 1960, the
owner would have had to come back to the Council and ask for a
variance of four spaces on a 13 unit apartment house.
Councilman Pickler. The unit is providing affordable housing for
a senior citizen,, something the Council has been trying to
promote. It has been in existence for 12 years with no problem.
If another owner/developer eventually takes over, the situation
can be remedied at that time. There is such a need for
affordable housing he does not feel this unit should be
eliminated and the senior living it displaced.
Mayor Hunter. If the seniorwho is now renting moves, there is no
guarantee it would not be rented to a family which would cause a
problem.
Rick Byers. It is a small bachelor unit and he would not be
opposed to a condition that it be rented to one person.
City Attorney White. It comes down to the question of how such
an arrangement would be enforced. The Council could impose a
requirement that an unsubordinated covenant be recorded that
would limit the occupancy to one person in that unit. The issue
would then be enforcement of that covenant and sending someone
out to either check or investigate.
Discussion followed revolving around the possibility of
designating the unit as Section 8 Housing which the Mayor felt
was a better way to proceed; Mr. Byers explained that the entire
building qualifies for Section 8 Housing but no one is under
Section 8 at this time.
City Attorney White. The issue before the Council is whether to
create a variance relating to encroachment into a required yard
area and to deviate from the required number of parking spaces
relating to the 13 existing illegally constructed unit. Legally
that does not have a connection with Section 8 Housing which is
to provide subsidies to lower income tenants that the City
participates in with the federal government. He feels it would
legally be a mistake to confuse a requirement relating to the
zoning code with the issue of whether or not low income housing
is being provided by the unit. It is not a justification to
approving a zoning variance.
Paul Singer.
Relative to Ball Road, sooner or later the City is going to have
to remove parking in order to accommodate six lanes. It is going
to be difficult enough and by allowing a variance, it will not
serve the interest of trying to move traffic on Ball Road.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27f 1990f 5:30 P.M.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Hunter, seconded by Councilman 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. 90R-419)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
Councilman Hunter offered Resolution No. 90R-419 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 90R-419: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 4091.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Simpson, Daly and Hunter
Ehrle and Pickler
None
The Mayor declared Resolution No. 90R-419 duly passed and adopted.
ITEMS OF PUBLIC INTEREST:
Mylessa Nickelson, 6464 Sunset Boulevard, Suite ~950, Los Angeles, Ca. 90028,
attorney representing ARCH. They are a third party beneficiary of a lease
executed with the City and Richard Tozer, owner of Rancho Del Rio Stables. As
a party not able to negotiate in the lease negotiations, her client's rights
are limited. Mr. Tozer is hostile in respect to his commitment to their
program. The lease only provides for 14 stalls but does not provide any
facilities, office space, lighting, electricity, etc. for her clients. She has
met with Robert ZurSchmiede, the City's Property Services Manager, and Ron
Rothschild, Administrative Services Director, on November 19, 1990 in an
attempt to get a commitment from the City for some money, financial backing or
help in order to get facilities to provide for the program. She elaborated on
the attempts made to secure such support but without success. Her purpose
tonight is to invite the Council to make an amendment to the lease or pass a
resolution calling for support of ARCH so that they can have a place at the
stables. They were left out and only mentioned in the vaguest of terms. They
want some support from the City so that when she again speaks to Mr. Rothschild
her client can be relieved at least for paying rent for the month of December.
They are dependent on Mr. Tozer's good will and that is not forthcoming.
After a brief discussion and questions posed to Ms. Nickelson by the Mayor, the
Mayor asked that she continue to work with staff on the issue.
DOug Gibson, 931 South Peregrine. The number one commitment of those running
for office involves the issues of drugs, gangs, graffiti and public safety. He
tried a year ago to get something going and develop a united effort to deal
with drug abuse. The leadership has to come from the Council Members. They
have the power to do something and he is urging that it be done.
Dannue Mayo, Director, Golden Opportunities Association (GYA). The Council has
a copy of his proposal and letters. Two months ago there was a meeting
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City Hall, Anaheim~ California - COUNCIL MINUTES - November 27, 1990, 5=30 P.M.
regarding block grant funds. His organization was turned down for funding
because the committee said their work was the same as turning point. He is
requesting that the Council act on the proposal he brought forth on July 15,
1990 that Golden Opportunities receive $35,000. Fifty-thousand dollars was set
aside for senior transportation. Instead his organization should be funded out
of those funds.
Jim Armstrong, Assistant City Manager, explained for the Mayor that as the
Council will recall there was a recommendation from the Community Services
Board that $50,000 be used for senior transportation. The item was
subsequently removed from the agenda. His understanding is that Steve Swaim,
Superintendent of Community Services, and his staff is coming back with
additional information on the matter. He (Armstrong) will follow up with
Mr. Mayo on his request.
Betty Ronconi, 1241 South Walnut Street. Anaheim H.O.M.E. looks forward to
work with the new Council. Relative to the Special Election, with the future
of Anaheim in mind, the Board of Directors of H.O.M.E. recommend the Council
give serious consideration to City Charter changes needed in regard to election
of the Mayor. In the recent election, the City again faced the possibility of
electing a Mayor who might not have been elected to the Council. In the
interest of good government, it is time to eliminate the requirement that the
Mayoral candidate must necessarily be a City Council Member. Another
recommended change is that the term of office for the Mayor should be increased
to four years, the same as Council membership. It would save time, energy and
money and bring approved continuity of leadership to the City. She urged on
behalf of H.O.M.E. that the Council add to the Special Election ballot charter
changes calling for the direct election of the Mayor for a four-year term and
eliminating the requirement that the Mayoral candidate must first be a Council
Member.
127: CHARTER CHANGE - CONSIDERATIONS - PLACEMENT ON SPECIAL ELECTION BALLOT:
Councilman Daly. He agrees that putting the question on the ballot relative to
mayoral elections is overdue. It was not that long ago that the citizens
selected the current system. There was an organized citizen initiative to
create the present system. That system has become outdated and it is time to
take a step forward. There are a number of cities in Orange County where any
citizen can run for mayor - Irvine, Orange and Santa Ana are three. He feels
one important component of placing a measure on the ballot that would allow any
citizen to run for mayor would be one that would prevent the kind of confusion
he has seen in other cities after a Council Member becomes mayor - where a City
Council Member in the middle of a four-year term ran for mayor and won. The
Council
Special
cleanly
rides",
to give
now has to decided whether to appoint for his position or hold a
Election. He proposes that Anaheim's ballot measure be structured as
and as simply as possible to allow any citizen to run but no "free
i.e., if a Council Member wants to run for mayor, they will be required
up their Council seat.
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City Hallt Anaheim, California - COUNCIL MINUTES - November 27r 1990, 5=30 P.M.
Mayor Hunter and Councilman Pickler both concurred with Councilman Daly's
suggestions. Councilman Pickler felt, however, that the Mayor's seat be for
two years and not four.
Councilman Ehrle. Me has a number of things he would like the Council to
consider as well. Me first gave the history of the movement which he initiated
in 1974 leading to the successful petition initiative and ultimate vote of the
people resulting in the present system of electing the Mayor. At the time it
was his feeling it was a system that would be changed sometime in the future,
15 or 20 years. Now is the time since it has been 16 years. He believes also
that anyone should be able to run for mayor without the requirement of first
having served as a Council Member. His recommendations goes farther. He
believes the Mayor's seat should be a four-year term and that all Council seats
and the Mayor's seat be limited to two terms or no more than eight years,
consecutive terms. It could also happen that an individual could be a Council
Member for eight years and then run for Mayor and hold that position for eight
years.
The next issue is relative to compensation, an issue which was addressed at
length by the recent Charter Review Committee. The Anaheim Bulletin had
commented that the Council be compensated about $1,000 a month - the Charter
Review Committee recommended $1,200. Riverside sets salaries by ordinance with
a Citizen Review Committee which meets every two years who review not only
Council and Mayor compensation but all Boards and Commissions. They make a
recommendation to the Council and in Anaheim's case it would require a 4/5 vote
to approve the recommendation. The Charter Review Committee tied salaries to
the Consumer Price Index (CPI) and when first suggested Council salaries were
$1,650 and the Mayor $2,300 a month. He is not suggesting that but is
suggesting that compensation be changed by ordinance and put in the hands of a
Citizens Review Committee to be reviewed on a periodic basis.
His last suggestion would be to look at campaign reform and campaign
limitations - that any Council Member or Mayoral candidate have a campaign
limitation of $1 per registered voter. With 100,000 voters in Anaheim, no
candidate can expend more than $100,000. Vast amounts were spent in the last
campaign. Anaheim can be a leader by putting a cap on campaign spending. He
suggested that the City Attorney draw up ballot language on the recommendations
for the Council to review.
City Attorney White. He believes he heard four seDarate proposed charter
amendments - the first relating to the election of the Mayor. It would be
modified to include going from a two-year to a four-year term but with no
qualification that the Mayor must have previously served on the City Council
which is now required. Further, an existing Council Member must either resign
or vacate their Council seat or it would have been deemed to be vacated at the
time he/she files nomination papers for election to the position of Mayor.
Councilman Pickler interjected and stated he heard two years and four years~
Mayor Hunter. He feels that can be left to the voters.
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City Hall~ Anaheim. California - COUNCIL MINUTES - November 27. 1990. 5:30 P.M.
City Attorney White. He feels the Council has the option. It may involve a
change of wording or just numbers from four to two or combined any way the
Council wishes. The second idea was to limit the Mayor and Council terms to a
maximum of eight years. He would like clarification whether that is eight
consecutive years.
Councilman Ehrle. Two terms or eight consecutive years. If that person then
was out of office for two years or four years and decided to run again, that
would be permitted.
City Attorney White. The third idea was that the City Council and Mayor
salaries be set by ordinance. That would require a four fifths vote to change
and a citizens' review committee would be formed presumably appointed by the
Council prior to acting upon the ordinance. That committee would give a
recommendation not binding on the Council relating to possible amendments to
salaries.
Councilman Pickler. He gets the impression from the people and in the polls
that he read that the people do not want to do that. They want to have
control. That would be taking away from the people the option of setting
salaries at $1200, $1,000 or $800.
Councilman Simpson asked the City Attorney to clarify the proposal - whether it
is the creation of a citizens' committee or a creation of an ordinance for the
Council to set its own salaries.
City Attorney White. The City Charter currently requires that salaries be $400
a month for a Council Member and $800 a month for Mayor. The proposal is that
a provision be added to that section stating - provided, however, that those
payments may be modified by an ordinance adopted by the City Council and
approved by a four fifths vote of the Council and prior to the adoption of any
such ordinance a Citizens' review committee shall be created on a biannual
basis to make a recommendation to the Council relative to possible changes in
salaries. The committee would be appointed by the Council.
Councilman Simpson. He feels in that way the "fox is still in charge of the
hen house" and that is what the public is resisting. His recommendation, if it
is going to be put on the ballot, put it on in a straightforward manner - that
Council salaries should be X amount and raised by a certain percentage of CPI
on some regular basis. To him it looks devious to try and do something with
salaries. What he hears the public saying loud and clear is not to tamper with
salaries.
Mayor Hunter. The Charter Review Committee spent over a year on recommended
Charter changes and the salary issue was the most difficult the Committee dealt
with. They finally came up with a $1200 a month figure for all Council
Members, Mayor included. He feels they need to review that recommendation.
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City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1990, 5:30 P.M.
City Attorney White. Material regarding the salary recommendation is in the
Council packet - that Council salaries be set at $1200 a month for both Council
and Mayor and beginning in July, 1993 and each third year thereafter salaries
would be raised based upon the CPI by what was the average one year increase
for that three year period. It would not keep up with the CPI but inflating
slower than the CPI.
Councilman Ehrle. He has no problem with that recommendation. He also agrees
with Councilman Simpson that the salary issue should be straightforward. If
the people are given the opportunity to elect anyone and with limited terms, he
feels the people are going to say that the Council should be justly
compensated.
City Attorney White. The last or fourth issue related to campaign expenditures
suggesting in the future that they be limited to not more than $1.00 per
registered voter in the City. With regard to that, he reported that existing
Constitutional law precludes the City establishing a limit on expenditures. It
does not prohibit establishing a limit on contributions less than what is
specified existing in State law or the Political Reform Act. Limits can be
established in terms of contributions but not limiting what an individual
candidate spends because it would violate First Amendment rights.
Councilman Ehrle stated that suggestion was just an idea that he felt had
merit.
City Attorney White. He asked for clarification the third recommendation
relative to salaries that the wording will be the same as that proposed by the
Charter Review Committee; Council consensus was that the Charter Review
Committee language be used for the ballot language.
City Attorney White. He will draft for Council consideration at next Tuesday's
meeting ballot language on the direct election of the Mayor without the
requirement of having served as a Council Member, Council and Mayor term
limitations and using the Charter Review Committee language relative to Council
salaries.
ADJOURNMENT: By general consent the Council adjourned.
(8:37 p.m.)
LEONORAN. SOHL, CITY CLERK
1121