1989/01/10City Hall, Anaheim, California - COUNCIL MINUTES January 10, 1989, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: 3ack White
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahtt
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:30 p.m. on January 6, 1989 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 12:00 noon.
REQUEST FOR CLOSED SESSION; City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a), to wit: Golden West Baseball
Co. vs. City of Anaheim, Orange County Superior Court Case No.
40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C.
No. 46-96-59.
b. To discuss labor relations matters
54957.6.
Government Code Section
c. To discuss personnel matters Government Code Section 54957.
d. To confer with its Attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To consider such other matters as are orally announced by the
City Attorney, City Manager or City Council prior to such recess
unless the motion to recess indicates any of the matters will not be
considered in Closed Session.
AFTER REGgSS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(1:49 p.m.)
INVOCATION' Pastor Don Crider, Free Methodist Church, gave the invocation.
FLAG SALUTE; Mayor Pro Tem Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119; PRESENTATIONS - EMPLOYEE INVOLVEMENT PROGRAM - CERTIFICATES OF
ACHIEVEMENT: The following employees were presented with Certificates of
Achievement issued by the Employee Involvement Program Board of Directors
along with monetary awards ranging from $30 to $866: Sharon McCamon - Senior
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City Hall, Anaheim, California - COUNCIL MINUTES January 10, 1989, 1;30 P.M.
Office Specialist, Public Works; Anthony Delgado Park Maintenance Worker;
Taylor Prell Customer Service Representative/Public Utilities; Frank Feliz
Park Maintenance Worker - (not present); Russell A. Sutter- Police Off£cer,
awarded $866 (not present); Russell Stevens - Financial/Administrative
Services Manager-Convention Center; Toni Genovest - Lead Security
Guard/Anaheim Stadium; Sonia Preszler - Secretary/Redevelopment Agency (not
present).
The suggestions submitted will either save City costs, improve service to the
public or prevent possible hazards.
Mayor Hunter and Council Members congratulated each employee who was present
for their contributions.
11~: PRESENTATION - INTRODUCTION OF NEW CITY EMPLOYEES; City Clerk Leonora
Sohl stated that there are a number of employees participating in the new
orientation program who are present in the Chamber audience. New employees
will be introduced and after their names are announced, will be asked to stand
and remain standing until all have been introduced.
At the conclusion of announcing the names of the new employees, they were
welcomed by the City Council.
119; DECLARATIONS OF COMMENDATION; Declarations of Commendation were
unanimously adopted by the City Council and presented to the following
employees who were named Employees of the Year in their respective
departments: Helen Baker, Anaheim Convention Center Parking Lot Cashier;
Greta Lee, Anaheim Convention Center Parking Lot Cashier; John Mangano, Golf
Course Ranger, Anaheim Hills Golf Course; Larry Rushing, Lead Cleaner, Set up
Worker, Anaheim Stadium.
Mayor Hunter and Council Members personally congratulated and commended each
employee for exemplifying the ideology and philosophy of the "Anaheim Way".
MINUTES: Councilwoman Kaywood moved to approve the minutes of the meetings
held December 6 and December 13, 1988. Councilman Daly seconded the motion.
MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,416,782.44 for the
period ending December 23, 1988; $3,806,282.99 for the period ending
December 30, 1988 and $3,664,304.79 for the period ending January 6, 1989, in
accordance with the 1988-89 Budget, were approved.
WAIVER OF READING - RESOLUTIONS/ORDINANCE; The titles of the following
resolutions and ordinance on the Consent Calendar were read by the City
Manager. (Resolution Nos. 89R-1 through 89R-3, both inclusive, for adoption
and Ordinance No. 4988 for introduction)
Councilman Pickler moved to waive the reading in full of the resolutions and
ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1989, 1:30 P.M.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Pickler,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution Nos. 89R-1 through 89R-3, both inclusive, for adoption and
Ordinance No. 4988 for introduction. Refer to Resolution Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by George E. Arango for property damage sustained
purportedly due to actions of the City on or about November 10, 1988.
b. Claim submitted by Century National Insurance Company for property
damage sustained purportedly due to actions of the City on or about
September 3, 1988.
c. Claim submitted by Florencio Orduno for bodily injury sustained
purportedly due to actions of the City on or about September 3, 1988.
d. Claim submitted by Hilton Hotel Corporation for indemnity for damages
sustained purportedly due to actions of the City on or about August 8, 1988.
e. Claim submitted by Ronald Botz for indemnity for damages sustained
purportedly due to actions of the City on or about November 5, 1988.
f. Claim submitted by Ron W. Cramer for property damage sustained
purportedly due to actions of the City on or about November 9, 1988.
g. Claim submitted by Ofira Bar-Lev for property damage sustained
purportedly due to actions of the City on or about October 31, 1988.
h. Claim submitted by Gary R. DeCew for property damage sustained
purportedly due to actions of the City on or about September 5, 1988.
i. Claim submitted by Cynthia deVenecia for property damage sustained
purportedly due to actions of the City on or about October 16, 1988.
j. Claim submitted by Mrs. Karen Kinses for property damage sustained
purportedly due to actions of the City on or about November 3, 1988.
k. Claim submitted by Randy Lepire for property damage sustained
purportedly due to actions of the City on or about September 22, 1988.
1. Claim submitted by Vic Peloquin for property damage sustained
purportedly due to actions of the City on or about September 4 through
September 9, 1988.
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City Hall. Anaheim. California - COUNCIL MINUTES - January 10, 1989, 1;30 P,M.
m. Claim submitted by Priscilla F. Torsey for bodily injury sustained
purportedly due to actions of the City on or about May 7, 1988.
n. Claim submitted by Debra Quiros for property damage sustained
purportedly due to actions of the City on or about September 17, 1988.
o. Claim submitted by Anita H. Weber for property damage sustained
purportedly due to actions of the City on or about October 30, 1988.
p. Claim submitted by Lydia and Ariela Canizal, Consuelo Maldonado for
bodily injuries and property damage sustained purportedly due to actions of
the City on or about October 15, 1988.
. q. Claim submitted by Anaheim City School District for indemnity for
damages sustained purportedly due to actions of the City on or about
December 2, 1986.
r. Claim submitted by Halear, Inc. for property damage sustained
purportedly due to actions of the City on or about September 26, 1988.
A2. 105: Receiving and filing minutes of the Parks, Recreation and Community
Services Commission meeting held October 26, 1988.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held November 23, 1988.
105: Receiving and filing minutes of the Public Utilities Board meeting held
December 1, 1988.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held December 7, 1988.
107: Receiving and filing Building Division Statistical Report for the month
ending November 30, 1988.
156: Receiving and filing Anaheim Police Department Crime and Clearance
Analysis report for November 1988.
A3. 167: Awarding a contract to the lowest and best responsible bidder,
Signal Maintenance, Inc., in the amount of $497,533 for South Central Traffic
Signal Improvements.
A4. 167: Approving an extension of time (31 days) and liquidated damages in
the amount of $1,000 ($100 per day for ten days) with Safety Striping
Services, Inc. for Sign Installation - Phase III.
AS. 167: Approving a Notice of Completion of the construction of Sign
Installation Program Phase III, Installation and Replacement, by Safety
Striping Services, Inc., and authorizing the Mayor to sign and the City Clerk
to file the Notice of Completion.
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City Ha%l, Anaheim. California - COUNCIL MINUTES - January 10, 1989, 1:30
A6. 167: Approving a Notice of Completion of the construction of Federal
Demonstration Project #1 - System Detectors by Paul Gardner Corporation, and
authorizing the Mayor to sign and the City Clerk to file the Notice of
Completion.
A7. 164: Approving a Notice of Completion of the construction of Timken Road
Sewer by Changing Times Enterprises, Inc., and authorizing the Mayor to sign
and the City Clerk to file the Notice of Completion.
A8. 175: Approving Contract Change Orders Nos. 1 and 2 in the amounts of
$68,264.20 and $109,800, respectively, in favor of Spear Pipeline to enable
the City to complete standardizing the vaults and bring them into compliance
with current health regulations.
A9. 170/123: Approving the Final Map of Tract No. 13692 and the Subdivision
Agreement with the developer, J. M. Development Co., Inc., engineering being
provided by K. G. Civil Engineering and Land Surveying. Tract 13692 is
located on the northeast corner of Via Arboles and Ramsgate Drive.
Al0. 123/121: Approving a Property Acquisition Agreement with B.U. and P. B.
Patel requesting that the City proceed with condemnation of property at 1326
South West Street, and that all costs of the acquisition will be paid by the
Patels.
All. 172/156: ORDINANCE NO, 4988 (INTRODUCTION); AN ORDINANCE OF THE CITY
OF ANAHEIM TO INCREASE THE SPEED LIMIT ON LINCOLN AVENUE BETWEEN EAST STREET
AND OLIVE STREET.
Al2. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding to Concurrent Computer
Corporation in the amount of $12,468 for repair and annual maintenance on
model 3212 computer system (Anaheim Traffic Control System).
Al3. 160: Accepting the low bid of Westrux International in the amount of
$67,636.07 for one International truck chassis with tandem drive and ten yard
dump body per bid proposal #4655.
Al4. 160: Accepting the bid of Eberhart Equipment Company in the amount of
$26,545.58 for one industrial loader tractor with rear scraper and optional
bucket per bid proposal #4659.
Al5. 160: Accepting the low bid of G & W Electric c/o Banes Associates in the
amount of $22,997.76 for twelve 15 KV, 200 AMP, Three Phase, Gang Operated
Loadbreak Oil~Switches per bid proposal #4648.
Al6. 160: Waiving the advertised bidding, and accepting the bid of Hekimtan
and Associates, Inc., in the amount of $87,234 for removal/replacement of two
underground fuel tanks at the Convention Center per bid proposal #4662.
Al7. 106/101: Accepting the bid of City Window Cleaners and authorizing the
execution of a three year contract in the amount of $94,338 to provide window
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City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1989, 1;30 P,M.
cleaning services commencing January 1, 1989, per bid proposal #4647.
Al8. 128: Approving and authorizing a $1.1 million loan from the General
Benefits Fund and the Anaheim Stadium Inc. Capital Improvement Fund to the
Stadium to cover the addition of air conditioning as part of the Stadium
Exhibit Center Project.
Al9. 128: Receiving and filing the Monthly Financial Analysis for four months
ended October 31, 1988, presented by the Director of Finance.
A20. 175.123: Ratifying the action of the City Manager employing Macco
Constructors, Inc. at a cost of $139,000 to make emergency repairs to the
Walnut Canyon Reservoir due to excessive leakage of the toe drain.
A2~. 175.123: Ratifying the action of the City Manager employing Macco
Constructors, Inc., at a cost of $20,000 to carry out an emergency relocation
of the six-inch water main at Del Monte Drive, which was in conflict with a
large storm drain project.
A22. 123: Approving Utility Agreement No. 7UT-8890 with the State of
California Department of Transportation (CALTRANS), which provides that
CALTRANS reimburse the City for the cost of relocating fire hydrants and meter
vaults necessitated by the reconstruction of the interchange at the Santa Ana
Freeway and Ball Road, and authorizing the Mayor and City Clerk to execute
said agreement.
A23. 130: Rescinding the City's previous consent to a transfer of a pipeline
franchise from Southern Pacific Pipe Lines, Inc. to Southern Pacific Pipe
Lines Partnership.
130: Consenting to the assignment of the franchise (granted by Ordinance
1727) from San Diego Pipeline Company to Southern Pacific Pipe Line
Partnership.
A24, 152/116/101/123: RESOLUTION NO, 89R-1; A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM AUTHORIZING THE ClTY MANAGER, STADIUM GENERAL MANAGER
AND CONVENTION CENTER GENERAL MANAGER TO EXECUTE CERTAIN AGREEMENTS ON BEHALF
OF THE CITY OF ANAHEIM.
Councilman Daly posed questions relative to need and rationale for the
proposed resolution which were answered to his satisfaction by City Attorney
White.
A25. 106: Approving an increase in the appropriation in account
no. 16-823-7103 from $49,859 to $494,859 and appropriate $9,575 to account no.
16-243-6340 to correct encumbrances and expenditures from Fiscal Year 1987/88
in connection with carryover requests approved by City Council on
September 27, 1988.
A26. 223: Approving an agreement with Volunteer Center of Orange
County-North, dba: Retired Senior Volunteer Program to enlist, maintain, and
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City Hall, Anaheim, California COUNCIL MINUTES - January 10, 1989, 1;30 P,M.
support senior citizen community service volunteers for fiscal year 1988/89.
A27. 153: RESOLUTION NO, 89R-2; A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NO. 88R-115 WHICH ESTABLISHED RATES OF
COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS. (To create the
part-time classifications of Police Reserve-Retirement and Police
Reservist-Special Retirement)
A28. 153: RESOLUTION NO. 89R-3; A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIMWHIGH ESTABLISHES RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE
GENERAL CLERICAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION. (To create the classification of Police Communications
Supervisor, effective January 6, 1989)
A2~. 123: Approving a First Amendment to Negotiation Agreement with Ogden
Financial Services, Inc. and the Nederlander Organization to extend the site
selection for an arena for a period of another 60 days, or until February 28,
1989, and authorizing the Mayor and the City Clerk to execute said amendment.
Roll Call Vote on Resolution Nos. 89R-1 through 89R-3,:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-1 through 89R-3, both inclusive, duly
passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
105; APPOINTMENT TO THE COMMUNITY SERVICES BOARD: Appointment from the list
of candidates to fill the unscheduled vacancy on the Community Services Board
for the term ending June 30, 1989 (Wilfred Lirette).
Councilman Daly nominated Reverend Don Dexter; there being no further
nominations, nominations were closed.
Reverend Don Dexter was thereupon unanimously appointed to the Community
Services Board for the term ending June 30, 1989.
179; ITF-M$ BI - BIO FROM THE PLANNING COMMISSION MEETING OF DECEMBER 19, 1988
- INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 10, 1989:
B1.
VARIANCE NO, 3874 AND NEGATIVE DECLARATION:
OWNERS: RICHARD L. PIERCE, 14771 Plaza Dr., Suite "G", Tustin, CA
92680
LOCATION; 322 South Bush Street
To waive (a) minimum building site area per dwelling unit and (b)
maximum site coverage to construct a 2-story, 4-unit "affordable"
apartment project.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1989, 1:30 P,M.
Variance No. 3874 GRANTED by the Planning Commission, PC88-342.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood, seconded by Gouncilman Pickler and, therefore a public hearing was
scheduled to be held January 31, 1989.
B2.
VARIANCE NO. 3875 AND NEGATIVE DECLARATION:
OWNER: RICHARD L. PIERCE, 14771 Plaza Drive, Suite "G", Tustin, CA
92680
LOGATION; 318 S, Bush Street
To waive (a) minimum building site per dwelling unit and (b) maximum
site coverage to construct a 2-story, 4-unit "affordable" apartment
project.
Variance No. 3875 GRANTED by the Planning Commission, PC88-343.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood, seconded by Councilman Pickler and, therefore a public hearing was
scheduled to be held January 31, 1989.
B3, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3101 AND NEGATIVE
DECLARATION:
OWNERS: SMOOKE & SON INVESTMENT COMPANY, P.O. Box 1311, Los Angeles,
CA 90053
AGENT: ORANGE COUNTY TRUCK AND TRAILER SALES, INC., 620 E. Katella
Avenue, Anaheim, CA 92805
LOCATION; 620 East Katella Avenue
To retain a truck sales and service agency and lot with waivers of
(a) required improvement of outdoor storage areas, (b) minimum number
of parking spaces, (c) maximum fence height, and (d) required
enclosure of outdoor uses.
CUP NO. 3101 GRANTED by the Planning Commission, PC88-344.
Waiver of Code Requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
B4.
CONDITIONAL USE PERMIT NO. 3102 AND NEGATIVE DECLARATION:
OWNERS: WENDELL BRANDT AND MARCIA BRANDT, 6140 Santa Ana Canyon
Road, Anaheim, CA 92807
AGENT: DON WEBER, 2302 Martin Street, ~460, Irvine, CA 92715
LOCATION: 6140 Santa Aha Canyon Road
To permit a child day care center (Kinder Care).
CUP NO. 3102 DENIED by the Planning Commission, PC88-345.
Approved Negative Declaration.
B5. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3104 AND NEGATIVE
DECLARATION:
OWNERS: CRESTMARK REAL ESTATE DEVELOPMENT, ATTN: PETER GENOVESE,
23766 Mercury Road, Lake Forest, CA 92650
8
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City Hall. Anaheim, California - COUNCIL MINUTES - January 10, 1989, 1;30 P.M.
AGENT: RICHARD WALKER, 1841 W. Lincoln, Anaheim, CA 92801
LOCATION: 1841 West Lincoln
To permit a walk-up restaurant with outdoor seating in conjunction
with an existing liquor store and deli with waiver of minimum number
of parking spaces.
CUP NO. 3104 GRANTED by the Planning Commission, PC88-346.
Waiver of Code Requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
B6,
VARIANCE NO, 3882 AND NEGATIVE DECLARATION:
OWNERS: BR PROPERTIES LIMITED PARTNERSHIP, 450 Newport Center Drive,
Suite #304, Newport Beach, CA 92686
LOCATION: Property is approximately 3,6 acres located at the
northeast corner of Santa Aha Canyon Road and Rtvervtew Drive
To waive (a) minimum structural setback and (b) required site
screening to construct a 3-story, 70,000 square-foot, commercial
office building.
Variance No. 3882 GRANTED by the Planning Commission, PC88-347.
Approved Negative Declaration.
B7,
VARIANCE NO, 3885 AND NEGATIVE DECLARATION:
OWNERS: ROBERSON AND VAZQUEZ, A CALIFORNIA LIMITED PARTNERSHIP,
ATTN: HUGO VAZQUEZ, 2240 W. Lincoln Avenue, Anaheim, CA 92801
LOCATION: 2767 and 2775 W Ball Road and 910 S, Dale Avenue
To waive (a) mtnimum butlding site area, (b) maximum structural
height, (c) maximum site coverage and (d) minimum structural setback
to permit the construction of a 4-story (previously 3-story) 106 unit
"affordable" apartment complex.
Variance No. 3885 DENIED by the Planning Commission, PC88-348.
Approved Negative Declaration.
Letter of appeal filed by Hugo Vazquez.
A review of the Planning Commission's decision was appealed by the applicant
and, therefore, a public hearing will be scheduled at a later date.
BB.
VARIANCE NO. 3829 AND NEGATIVE DECLARATION:
OWNER: RONALD J. CROWLEY, 1700 Raintree Road, Fullerton, CA 92635
LOCATION; 1500 West Broadway
To delete a condition of approval pertaining to requirement to record
a final tract map prior to issuance of a building permit.
Variance No. 3829 GRANTED by the Planning Commission, PC88-349.
Approved Negative Declaration.
Councilwoman Kaywood expressed concern that the request, if approved, could
permit rental apartments in the proposed project when it was approved
specifically for condominiums. She questioned why they might be asking for a
delay in recording the Final Tract Map prior to final inspection instead of
prior to issuance of a building permit.
9
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City Hall, Anaheim, California COUNCIL MINUTES - January 10, 1989, 1:30 P,M,
Annika Santalahti, Zoning Administrator. The reason she heard related to plan
checking in connection with the Tract Map. What the Planning Commission did
on one project where they allowed the change was require that the developer
record a covenant prior to issuance of the permit stating that the project
would be marketed as condominiums and that the Map had to be recorded before
final inspection. She personally does not feel that is as firm a requirement
as the recordation of the Tract Map prior to issuance of a building permit.
A review of the Planning Commission's decision was thereupon requested by
Councilwoman Kaywood, seconded by Pickler and, therefore, a public hearing was
scheduled to be held January 31, 1989.
B9. ORANGE COUNTY GENERAL SERVICES AGENCY - REQUEST TO DETERMINE CONFORMANCE
WITH THE GENERAL PLAN:
LOCATION: 125 East Ball Road
The Orange County General Services Agency requests City to determine
whether their proposal to expand the area they lease in an existing
building in Anaheim is in conformance with the General Plan.
Planning Commission determined that the proposed expansion of area
leased in an existing building is in conformance with the Anaheim
General Plan.
BIO. ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY - REQUEST TO DETERMINE
CONFORMANCE WITH THE GENERAL PLAN: The Orange County Environmental Management
Agency requests that the City determine if the proposed disposition of
property is in conformance with the Anaheim General Plan.
Planning Commission determined that the proposed disposition of
property is in conformance with the Anaheim General Plan.
End of the Planning Commission Items.
Bll, 179: DISCUSSION OF SCENIC CORRIDOR SINGLE-FAMILY RESIDENTIAL ZONE HEIGHT
STANDARD REVIEW AND STUDY; Submitted was report dated November 22, 1988 from
the Planning Department/Zoning Division submitted for informational purposes
to summarize the actions taken by the Planning Commission regarding the height
study.
Annika Santalahtt, Zoning Administrator. She referred to and briefed the
staff report which delineated the meetings and actions of the City Planning
Commission at their meetings of August 15, September 26, October 24 and
November 7, 1988 (see Planning Commission minutes those dates as well as the
extensive and detailed staff report to the Planning Commission dated
November 22, 1988). In finality, the Commission was unable to come to a
conclusion relative to a height standard since motions offered both at the
meeting of October 24 and November 7, 1988 failed to carry because of tie
votes (see Page 2 of the November 22, 1988 report which lists the four
specific motions offered). What the Commission did agree on were two points:
(1) that the maximum height standard in the Hidden Canyon area should be
10
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City Hall. Anaheim. California COUNCIL MINUTES January 10, 1989, 1;30 P,M.
raised to 35 feet and, (2) that the building height should be measured from
the highest roof peak to the finished floor level directly below that point.
Also posted on the Chamber wall is a map of the area with the orange areas
showing where people have expressed concern relative to deviation in the
current height standard.
Subsequent to the last Planning Commission hearing, letters were received from
both Roland Krueger who lives in Peralta Hills and was Chairman of the
Committee formed to study the issue and SonJa Grewal, Member of the Board of
Directors of Anaheim Hills Citizen Coalition, stating that if the Council does
feel the height modification to be acceptable up to 30 feet for somewhere
between 10% and 20% of the roof plane area, that it be more clearly defined to
pertain to an architectural feature such as a cupola, stairway or tower and
no~ the ridge line. In checking with the Planning Commissioner who offered
the motion, he indicated if that issue had been discussed, he probably would
have gone along with such a stipulation. Staff did look at architectural
features that might extend above 25 feet and not the whole building. In the
staff report, Page 2 under November 7, 1988, Item (a) a motion was offered to
make that modification. Staff is recommending that motion with the
modification to further clarify that non-inhabited architectural encroachments
be more clearly defined to include such things as cupolas, stairways and
towers.
Mayor Hunter. He surmises in reading the documentation that there is no
objection either from staff or the Anaheim Hills Citizens Coalition (AHCC) to
a 35-foot height limit for the Hidden Canyon development and, further, in
speaking with Mrs. Grewal that there is no objection to a 35-foot height limit
for Tract 13760 which is being developed adjacent to Hidden Canyon. Other
areas which have also been "put to bed" are The Highlands, The Summit,
Sycamore Canyon and Peralta Hills East. He also believes the general feeling
is that the method of measuring building height be from the highest roof peak
to the floor directly below which would solve a number of problems. The issue
now facing the Council is what to do in the balance of the Scenic Corridor
shall it remain at 25 feet and, if so, what decision is to be made relative to
allowing architectural features to encroach on either 10% or 20% of the total
roof area.
Joel Fiek, Planning Director. An additional item brought £orward by Mr.
Krueger subsequent to the Planning Commission meetings, there is one tract
immediately adjacent to Peralta Hills on which discussions took place
approximately 10 years ago that that tract be limited to homes 1-story in
height. Both Planning staff and the City Attorney's Office met with Mr.
Krueger on the issue and staff recommends that if any decisions are made
relative to ordinances, that staff be directed to address that matter in some
type of overlay in order to address the action taken.when the tract was
originally approved.
Mayor Hunter asked to hear from anyone present in the Chamber audience
objecting to his brief summary of the situation as articulated above.
11
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City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1989, 1:30 P.M.
Sally Smith, 7370 Kite Drive. Some consideration should be given to making an
exception regarding the height limitation in the area known as Hidden Canyon.
Otherwise, making such a radical change to permit structures in other areas as
high as 35 feet will make those homes incongruous even with the surrounding
areas. It is out of context with the entire plan for the Scenic Gorridor,
which plan has been maintained for many years. Most of the Hills have been
built out with a height limitation of 25 feet. There should be consideration
given to a compromise in order not to obscure the Hills thereby giving a
totally different flavor to the entire area. What has made Anaheim Hills~
special is its low profile which has been protected up to this time.
Discussion followed wherein the Planning Director answered questions posed by
Councilwoman Kaywood who first stated that she strongly supports retaining the
25~foot height limit in the Peralta Hills and Mohler Drive areas and then
expressed concern in allowing architectural features that would exceed the
height limit which may cut the view of existing homes. Mr. Fick confirmed
that there was nothing in Planning Commission discussions that addressed any
individualized or design review of homes to be built. There was discussion
that if any height standard were to be raised, it would be a non-inhabitable
type encroachment above the 25 feet.
Councilwoman Kaywood. Mohler Drive is a minimum 1/2 acre and Peralta Hills a
minimum one acre. They are extremely beautiful areas and the only areas
specifying those size lots. The rules in those areas should not be changed in
order to build higher than 25 feet or to do something completely different.
She will move that the standard not be changed and that anything above 25 feet
be limited to a maximum of 10% of the roof area in the non-inhabitable
decorative areas.
Councilman Ehrle. He referred to Page 7 of the November 7, 1988 staff report
to 'the Planning Commission wherein survey results showed that most communities
of like nature to Anaheim Hills have a substantially higher height
limitation. He feels that 25 feet is unduly restrictive and that 30 feet or
28 feet would provide more flexibility for all areas of Anaheim Hills. He
also does not agree with the statements that the Hill and Canyon area is
almost built out but, in fact, these areas will continue to grow. He is not
going to support a 25-foot height limit but a 30-foot limit.
Councilman Daly. The points made by Councilman Ehrle regarding similar
topography in neighboring cities such as Fullerton and Yorba Linda make sense
to him. He is also aware that the Council has approved most of the requests
that have come forward for variances above 25 feet in the past couple of
years. He believes that the majority feeling and his observation is that
quality projects and quality architecture is the norm in Peralta Hills and the
entire Anaheim Hills area. The 30-foot height creates a beautiful building
and not a detriment. He will support a 30-foot limit.
Councilman Pickler. He does not know if a 30-foot limit is the answer. He
favors 25 feet with architectural encroachments allowed above that not to
exceed either 10% or 20% of the roof area. He is also in favor of a review of
such requests by the Zoning Administrator to make certain that encroachments
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City Hall. Anaheim. California - COUNCIL MINUTES - JaDu~ry 10, 1989, 1;30 P,M,
do not interfere with residents' views which is important to him.
Mayor Hunter. The Zoning Administrator has been doing a good job. She
physically goes to the site to view it and the neighbors are aware of the
Administrator's public hearings. He is leaning towards the method of
measuring building height the fair way, from peak to floor and that' there be a
certain percentage of the total roof area allowing either turrets, cupolas or
other architectural features to encroach on the height limit set. He favors
leaving the 25-foot height limit but allowing for modifications and also to
look at waiver requests on an individual basis. There may be instances where
a higher limit is warranted. He favors the motion that Councilwoman Kaywood
was going to offer that the height limit remain at 25 feet but with a maximum
encroachment of 10% non-inhabitable space of the total roof area. He asked if
that would also include measuring building height from peak to floor.
Councilwoman Kaywood asked how much of a difference that change would make;
Joel Fick. It would vary depending upon the terrain. The Commissioners
observed that there is great interest at the present time in the exact heights
of some of the homes being built, but finished grades are not completed until
after homes are constructed making it difficult for inspectors to know the
height of the structures. That influenced the Planning Commission probably as
much as anything in making the recommendation to have a more defined height
measurement standard.
Councilwoman Kaywood. She does not object to that, but she would like to be
sure that relative to 10% encroachment above the 25', that it not be
interfering with the view of any of the homes in the neighborhood.
Mayor Hunter. The Zoning Administrator will be going to the site which is a
way to ensure that views are not obstructed.
Councilwoman Kaywood. If the ordinance provides for 25 feet with no more than
10% encroachment over that, there would be no need for a public hearing and it
would not be on a case-by-case basis.
Annika Santalahti. She confirmed for Councilman Daly that staff favors the
motion on Page 2 of the November 22, 1988 staff report under the November 7,
1988 date, Motion (a). Some of the projects she has seen where the variance
did not cause any problem are the ones that involved architectural features of
a limited nature. Motion (a) differs from Councilwoman Kaywood's proposed
motion in that Councilwoman Kaywood specified 10% of the total roof area and
not "either 10% or 20%" and is intended to include the specifics of stating
architectural features such as turrets, cupolas, non-inhabited areas, etc.;
Councilwoman Kaywood confirmed that was correct.
Mr. Ralph Cremis, 236 Owens Drive (Mohler Drive area). He is speaking on
behalf of raising the height limit which he feels would improve the overall
appearance of the neighborhood. This would be consistent with some of the
height limits in the surrounding estate areas such as Tustin, Yorba Linda and
Villa Park. He believes that some of the opposition is based on a desire to
inhibit development in the area. He is in total agreement with Councilman
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City Hall. Anaheim, California - COUNCIL MINUTES - January 10, 1989, 1;30 P,M,
Ehrle and his approach to solving the height limit. When he purchased his
property 12 years ago there was a 30-foot height limit. He built on it
4 years ago and someone, without his permission, changed that height limit to
25 feet and he is not very pleased about that.
Councilwoman Kaywood moved to direct the City Attorney to prepare an ordinance
providing: (1) that the present 25-foot height standard shall be modified to
include an allowance for a 5-foot high non-inhabitable "architectural"
encroachment (to a maximum 30 feet building height) which shall not excee4 10%
cf the total roof area; (2) that the method of measuring building height shall
be from the highest roof peak to the finished floor level directly below that
point; (3) that the Hidden Canyon area shall have a maximum height standard of
35 feet as well as adjacent Tract 13760; (4) that staff address with some type
of~overlay zone the tract immediately adjacent to Peralta Hills, which tract
was limited to one story in height when originally approved approximately
10 years ago as recommended by the Planning Director.
Councilman Pickler seconded the motion. Councilman Ehrle voted no. MOTION
CARRIED.
Before concluding, Mayor Hunter stated if a structure is approved by the
Zoning Administrator and is more than 25 feet in height with the 10%
encroachment, he will be inclined to approve such a request.
Councilwoman Kaywood noted that the action today does not take away the
variance procedure; Mayor Hunter emphasized that was correct and that fact
needs to be known. It does not preclude someone from coming in with a
variance request.
RECESS; By general consent the Council recessed for ten minutes. (3:07 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present (to take up the public hearing portion of the agenda).
(3:25 p.m.)
176; PUBLIC HEARING - ABANDONMENT NO, 88-3A; In accordance with application
filed by the Anaheim Redevelopment Agency, public hearing was held to consider
abandoning a portion of Claudina Street - the westerly nine feet of ¢laudina
Street between Lincoln Avenue and Cypress Street, pursuant to Resolution
No. 88R-416, duly published in the Anaheim Bulletin and notices thereof posted
in accordance with law.
Report of the City Engineer dated November 23, 1988 was submitted recommending
approval of said abandonment.
Mayor Hunter asked if anyone wished to address the Council; there being no
response he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT CATEGORICAL EXEMPTION: On motion by Councilman
Pickler, seconded by Councilwoman Kaywood, the City Council determined that
the proposed activity falls within the
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City Hall. Anaheim. California - COUNCIL MINUTES - January 10, 1989, 1:30
definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the
requirements for an Environmental Impact Report and is, therefore,
categorically exempt from the requirement to file an EIR. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-4)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-4 for adoption, approving
Abandonment No. 88-3A. Refer to Resolution Book.
RE~OLUTION NO, 89R-4; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
VACATING A PORTION OF CLAUDINA STREET. (ABANDONMENT NO. 88-3A)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-4 duly passed and adopted.
107: PUBLIC HEARING - HOUSE MOVE ON PERMIT - 3159 WEST LANEROSE DRIVE: To
consider an application from Mr. & Mrs. John J. Turek to move a residential,
single family structure located at 1234 South Western Avenue to 3159 West
Lanerose Drive.
Submitted was report dated December 21, 1988 from Wayne West, Chief Building
Official, recommending approval of the request for a relocation permit to move
a single-family home to 3159 West Lane Rose Drive from 1234 Lanerose.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin December 23, 1988.
Posting of property December 20, 1988.
Mailing to property owners within 300 feet - December 22, 1988.
Linda McGoldrick, 3159 West Lanerose. She is speaking for her
mother and father who are building 40 feet from their property
to their property as well since they recently purchased the
property from her. Her parents will be moving in with her.
There will be no problems. They will have a very nice home and
the proposal will be a benefit to the west end of the City.
There being no further persons who wished to speak either in favor or in
opposition, Mayor Hunter closed the public hearing.
Joel Fick, Planning Director.
Approval is recommended. Staff has looked at the building and
it is compatible with the area and there are no objections
whatsoever from the neighbors.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 10, 1989, 1:30 P,M.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION; On motion by
Councilwoman Kaywood, seconded by Councilman Pickler, the City Council finds
that the proposed activity falls within the definition of Section 3.01,
Class 1 of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, categorically exempt from the
requirement to file an EIR. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-5)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 89R-5 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 89R-5; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A SPECIAL PERMIT TO MOVE A SINGLE-FAMILY RESIDENTIAL STRUCTURE TO
3159 LANEROSE DRIVE IN THE CITY OF ANAHEIM.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution No. 89R-5 duly passed and adopted.
179/142; ORDINANCE NO. 4987 - BILLBOARDS BY CONDITIONAL USE PERMIT: Adding,
amending and repealing various sections of various chapters of Title 18 of the
Anaheim Municipal Code relating to billboards by conditional use permit. The
ordinance was introduced at the meeting of December 20, 1988 (see minutes that
date).
Mayor Hunter. He is going to move to continue the ordinance to add additional
wording to it which will make it all inclusive that is, including all
billboards proposed throughout the City no matter where they are planned to be
situated. G0uncllman Ehrle seconded the motion.
Councilwoman Kaywood asked the City Attorney how the proposed ordinance is
different from the current ordinance and what areas have been left out.
City Attorney White. The current form of the ordinance makes billboards
conditional uses in specific zones at rather specific locations. The form of
the motion proposed would be to make billboards throughout the City a
conditional use regardless of location or the zone in which they are located.
Anyone who wanted a billboard would have the right to apply.
Councilwoman Kaywood noted that there are locations in the City now where
billboards are not permitted. She assumes they would then be permitted even
in those locations with a conditional use permit.
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City Hall, Anaheim. California - COUNCIL MINUTES - ianuary 10, 1989, 1;30 P,M.
City Attorney White. He assumed that would be the case. With a conditional
use permit billboards would be permitted at any location in the City, even in
those locations where they are not now permitted.
Gouncilman Pickler. As he understands under the current ordinance, even a CUP
is not allowed to be granted to construct billboards in residential areas, the
CR area and freeway locations as well as the Scenic Corridor.
Mayor Hunter. The Billboard Committee did a lot of work which was never
really offered to the Council relative to how many billboards per intersection
and other issues. All he would like to do is to see that the Council has more
control regarding billboards anywhere in the City. All billboards should come
to the Council for a CUP.
Further Gounctl discussion followed wherein questions were posed to staff.
The Zoning Administrator explained that the proposed ordinance provides that
an application can be filed for a CUP to construct a billboard anywhere in the
City except for the areas that have been and are still presently excluded. At
one point, discussions indicated that the only billboards that could be filed
for had to be at the intersection of arterial highways. Staff eliminated that
section which provided for a locattonal CUP. The proposed ordinance up for
adoption today says anywhere except where billboards are prohibited which are
the same prohibitions as existed previously.
Councilwoman Kaywood thereupon offered Ordinance No. 4987 for adoption. Refer
to Ordinance Book.
WAIVER OF READING ORDINANCE: The title of the following ordinance was read
by the Gity Clerk. (Ordinance No. 4987)
Councilwoman Kaywood moved to waive the reading in full of the ordinance.
Councilman Pickler seconded the motion. MOTION CARRIED.
179/142; ORDINANCE NO, 4987 (ADOPTION);
ORDINANCE NO. 4987: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING, AMENDING AND
REPEALING VARIOUS SECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO BILLBOARDS.
Before a vote was taken, City Attorney White explained that if the ordinance
is adopted, it would prohibit and not allow the Council to consider CUP's in
any of the residential zones other than RSA-43,000 or in the public recreation
zone or scenic highways, scenic corridor area, Harbor Boulevard, Katella
Avenue between certain points and any billboards that are freeway oriented.
All those would be outright prohibited. Any other location, a person could
apply for a CUP for a billboard. He understood the Mayor's motion at the
outset was doing away with the prohibition of billboards in certain areas and
that any person who wants to have a billboard any place in the City will need
a GUP and they will be allowed to file a CUP application regardless of the
area.
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City Hall. Anaheim, California - COUNCIL MINUTES - January 10, 1989, 1;30 P,M,
Councilman Pickler. He feels the ordinance should be adopted as offered by
Councilwoman Kaywood leaving in those areas where billboards are now
prohibited in any case. If something better comes along in the future he
would be willing to listen.
Councilman Ehrle. He agrees with Councilman Pickler. He also feels the
Council has never really tackled the issues originally discussed with regard
to billboards such as reducing the number of boards by some method or by
attrition. He is going to support the ordinance but does not believe the
problem has been solved.
A vote was then taken on the foregoing ordinance offered for adoption.
Ro%l Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Ordinance No. 4987 duly passed and adopted.
179/142: ORDINANCE NOS, 4989 AND 4990 - (INTRODUCTION): Councilman Hunter
offered Ordinance Nos. 4989 and 4990 for introduction.
ORDINANCE NO, 4989; AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION
.105 TO SECTION 18.48.050 OF CHAPTER 18.48 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (Relating to coin, stamp and baseball
trading card dealers as a conditional use in the C-R, Commercial Recreation
zone)
ORDINANCE NO, 4990: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW
SUBSECTIONS .115 AND .616 TO SECTION 18.61.050 OF CHAPTER 18.61 OF TITLE I8 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Relating to bowling alleys as
a conditional use in the ML zone, including the canyon industrial area)
ITEMS OF PUBLIC INTEREST:
Ed Haubelt, 17092 Pinehurst Lane, #A, Huntington Beach. He has lived in
southern California for 74 years. All the facilities are in place to have the
best transportation in California since 1950 such as the Red Car system that
Santa Aha owns which goes seven miles to Stanton. Transportation is needed
that will utilize this right-of-way. He is going to every Council meeting he
is able to and urging a 1/2 cent increase in sales tax to improve the
transportation system in order to do whatever is necessary to make it better
such as putting a monorail system over the freeways.
Council Members agreed that Mr. Haubelt's efforts were very positive and
assured him that it would be difficult to find anybody who did not agree with
what he is trying to do.
Morgan Morganoff, 2230 West Colchester Drive, (shopping center at Brookhurst
and Ball Road). He is concerned about the recent fire and is lucky that his
18
Hall. Anaheim. California - COUNCIL MINUTES - January 10, 1989, 1:30 P,M,
building is still standing. He found out that there is no law or ordinance
requiring on-site security guards when new developments are in process. This
is the second or third fire in that area. He also owns four houses in that
area. If there had been a security guard on the property, the fire would not
have been extended. There should be an ordinance making it mandatory for a
guard to be on-site when such construction takes place and gets to that
stage. He does not know if the fire was caused by arson or transients. He
questioned why somebody should be allowed to build something and then not
secure it. He commended the Fire Department for their actions.
114: PASSING OF FORMER ANAHEIMMAYOR REX COONS: Council Members Pickler and
Kaywood reported on their attendance at the funeral of Rex Coons who served
the City as a Council Member for 8 years, 2 years as Mayor. Councilwoman
Kaywood noted that he was a dynamic leader and would be missed; Councilman
Pickler noted that it was mentioned in a newspaper article by John Hall that
because Mr. Coons was a leading figure in bringing baseball to Anaheim, the
Anaheim Room at the Stadium might be renamed The Rex Room. He does not know
if staff wants to look at that possibility with the idea that one of the rooms
at the Stadium be named after him if it is feasible to do.
114/105: REVIEW OF CITy ~OARDS AND COMMISSIONS; Mayor Hunter asked that two
to three weeks from now the Council review the Redevelopment Commission and
the Planning Commission to see whether the Council wants to make any changes
on those two Commissions.
City Clerk Sohl noted that Council has a policy where once a year she asks all
present members of Boards and Commissions if they wish to be reappointed in
advance of the June 30, 1989 date and at that time an attendance report is
also submitted.
Councilman Pickler. If they are going to do a review perhaps the Public
Utilities Board should be included or all Boards and Commissions.
Mayor Hunter. That was his original intent. He thereupon recommended that
all City Boards and Commissions be reviewed and that there be Council
discussion on the matter. It is time to review all of them as to their
purpose and where the City is going in the future - a general review to assure
the City's needs are met such as considering a Parking and Transportation
Authority which might be more beneficial than other Boards and Commissions.
City Manager Simpson confirmed for Councilman Pickler that at one time a
Parking Authority was in the City budget but because of cuts and restrictions,
the Authority was eliminated.
Mayor Hunter. Those are the kinds of things the Council needs to discuss.
Some Boards and Commissions are not necessarily in tune with City objectives
today. Improved transportation is at the top of the list but there is no
Commission which addresses transportation needs or people movers, or
rights-of-way, etc. He would also like to see the Council on an annual or
semi-annual basis meet with each Board and Commission to get their input.
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City Hall, Anaheim, California - COUNCIL MINUTES
January 10, 1989, 1:30 P.M.
City Clerk Sohl. What she would propose would be to submit the current roster
for each Board and Commission and a very brief background on how it was
established and its function. If Council wants additional information, she
would go to the Secretary of each Board and Commission and have them prepare a
brief synopsis of that Commission's accomplishments or goals. The report can
be submitted by February 14, 1989.
It was determined that the subject report be submitted to the Council on
February 14, 1989 when discussion would take place.
RECESS - CLOSED SESSION: Councilwoman Kaywood moved to recess into Closed
Session. Councilman Pickler seconded the motion. MOTION CARRIED. (4:10 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present. (5:04 p.m.)
ADJOURNMENT; Councilman Hunter moved to adjourn.
seconded the motion. MOTION CARRIED. (5:05 p.m.)
Councilwoman Kaywood
LEONORA N. SOHL, CITY CLERK
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