1988/06/28Cit~ Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
ABS~{T: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ZONING ADMINISTRATOR: Annika Santalahti
PLANNING DIRECTOR: Joel Fick
TRAFFIC ENGINEER: Paul Singer
PROGRAM DEVELOPMENT & AUDIT: Kon Rothschild
DIRECTOR OF PARKS, RECREATION & CO~4UNITY SERVICES: Chris Jarvi
CITY ENGINEER: Gary E. Johnson
HO}L~N RESOURCES DIRECTOR: Garry McRae
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:00 p.m. on June 24, 1988 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Bay called the meeting to order at 12:05 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 5495o.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 - Government Code Section
54957.~.
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 9f the matters will not be
considered in Closed Session.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(1:48 p.m.)
INVOCATION: Reverend Holland Lewis, 1st Nazarene Church, gave the Invocation.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
FLAG SALUTE: Councilman William D. Ehrle led the assembly in the Pledge of
Allegiance to the Flag.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the meetings
held May 24 and May 31, 1988. Councilman Hunter seconded the motion. MOTION
CARRIED.
FINANCIAL DEMANDS AGAiNSY THE CITY in the amount of $1,947,850.57, in
accordance with the 1987-88 Budget, were approved.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions on
the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-247
and ~8R-248)
Councilman Bay moved to waive the reading in full of the resolutions.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Bay,
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 Bay offered
Resolution Nos. 88R-247 and 8~R-248, botn inclusive, for adoption. 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 Irene Ehlers for property damage sustained
purportedly due to actions of the City on or about May 19, 1988.
b. Claim submitted by George Hallock for property damage sustained
purportedly due to actions of the City on or about April 2, 1988.
c. Claim submitted by Josie C. Flores for property damage sustained
purportedly due to actions of the City on or about May 22, 1988.
A2. 107: Receiving and filing the Building Division Statistical Report
ending May 31, 1988.
A3. 169: Awarding the contract to the lowest and best responsible bidder,
Blair Paving, Inc., in the amount of $798,709.28 for Knott Street Street and
Storm Drain Improvement, Lincoln Avenue to 395' N/o Cerritos Avenue.
A4. 169: Awarding the contract to the lowest and best responsible bidder,
Blair Paving, Inc., in the amount or $271,388.56 for Red Gum Street Street,
Sewer and Water Improvements, north city limits to La Palma Avenue.
A5. 169: Awarding the contract to the lowest and best responsible bidder,
Griffith Company, in the amount of $132,119 for Ball Road Street Improvements,
625' east of Harbor Boulevard to Harbor Boulevard.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
A6. 164: Awarding the contract to the lowest and best responsible bidder, S.
A. Healy Company, in the amount of $10,640,000 for Euclid Street Storm Drain,
Sewer, Water and Street Improvement, Broadway to Anaheim/Barber City Channel
(Includes Crone, Loara, Brande and Gilbuck).
A7. 169: Awarding the contract to the lowest and best responsible bidder,
Blair Paving, Inc., in the amount of $2,286,186.58 for Miraloma Avenue -
Kraemer Boulevard to Blue Gum Street, Blue Gum Street - north city limits to
La Pa]ma Avenue, La Palma Avenue - 541' W/o Blue Gum Street to Kraemer
Boulevard.
AS. 164: Awarding the contract to the lowest and best responsible bidder,
Changing Times Enterprises, in the amount of $89,472 for Timken Road Sewer
Improvement, 1050' E/o Mohler Drive to Mohler Drive.
Staff requested a continuance to a later date.
A9. 123: Approving ti~e proposed Memorandum of Understanding with the City of
Orange for joint infrastructure improvements to the Anaheim Stadium Area.
A_10. 123: Approving an agreement with Metropolitan Water District of Southern
California (MWD) to provide for the relocation of MWD's water line which is
located within the intersection of Euclid Street and Katelia Avenue in
connection with the ~uclid Street Storm Drain.
All. 160/12~: Accepting the bid of and authorizing the execution of an
agreement wita Truck Hydraulic Equipment Company, Inc., in an amount not to
exceed $25,000 for the first year, to provide safety inspections on aerial
device equipment for a period of one year starting July i, 1984, with option
to renew for two additional one year periods.
Al2. 160: Waiving Council Policy 30~ and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding to the Anaheim Public
Improvement Corporation in the amount of $31,959 plus freight from Brooklyn,
New York, for fifteen each entry turnstiles and ticket boxes manufactured and
sold by Perey Turnstile Company, to be installed at the Convention Center.
Al3. 160: Waiving Council Policy 30~ and authorizing the Purchasing Agent to
issue a purchase order without competitive biddin~ to the ~%naheim Public
Improvement Corporation in the amount of $26,991.70 for hardware and software
developed by Project Software and Development~ Inc.~ to track Field Utilities
maintenance requirements.
Al4. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to the Anaheim Public Improvement Corporation in the
amount of $11,935 for one traffic controller and cabinet, including time base
coordination.
Al5. 160: Authorizing the Purchasing Agent to issue a change order to Custom
Floors, Inc. for an additional amount of $438 to replace 4" cove base with 6"
width after carpet installation at the Euclid Library.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 19~8, 1:30 P.M.
Al6. 123: Approving a second amendment to the agreement with All City
Management Services, Inc. in the amount of $323,281 for providing school
crossing guards beginning July l, 1988, through June 30, 1989.
AA7. 106/175: Approving receipt of Anaheim's share of excess construction
funds in fiscal year 1988/89 (approximately $33.2 million), and placing such
funds in a special interest bearing account to be used exclusively to offset
Aaaheim's share ($12 million) of the Intermountain Power Agency's debt service
payments; and further providing that in subsequent years, the City Council,
through the annual Resource Allocation Plan, approve the amount of these funds
to be used to offset Anaheim's share of Intermountain Power Agency's Debt
Service.
Al8. 175.123: Approving a Temporary. Service Agreement with Metropo%itgn ~ter
District of Southern California (MW-D) to temporarily connect to MWD s ~annlago
Lateral for large quantities of water to be used for grading and developing
properties (The Highlands and Sycamore Canyon) in east Anaheim. The
developers, Presley Companies and Woodcrest Development, Inc., have agreed to
advance a one time fee of $12,000 for installation and removal of the
temporary connection.
AJL9. 174/150/106: Approving the transfer of $45,000 in Community Development
Block Grant contingency funds (Fund 25) to Manzanita Park Program 25-803-7i01
and appropriating an equal amount of additional spending authority and revenue
in the same program.
A20. 150: Approving the distribution of a request for proposal (RFP) for the
development of a child care center on City-owned property located between
Romneya Drive on the north, Anaheim Boulevard on the south, Swan Street on the
west, and near Lemon Street on the east.
A21. 123: Approving an agreement with the Anaheim City Elementary School
District authorizing the City to place a trailer at Patrick Henry School, and
approving an agreement with the Boys and Girls Club of Buena Park authorizing
the Boys and Girls Club to place a trailer at Patrick Henry School, for the
operation of the S.A.Y. (Save A Youth) Program, and authorizing the Mayor to
execute said agreements.
A22. 123/153: RESOLUTION NO. 88R-247: A RESOLUTION OF h~T~TION TO APPROVE
A~ BHM~DMJ&NT TO TM~ CONTF, AGT B~TW~ ~H~ BOARD OF A~MINISTRATION OF THE PUBLIC
EbIPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ANAHEIM. ~to
provide Section 21382.4 Third Level 1959 Survivor Benefits for local safety
and miscellaneous members, and reclassify certain local miscellaneous members
to local safety status)
123: Approving an agreement with the Public Employees Retirement System for
the release of 1959 Survivor Benefit assets and liabilities into the Third
Level 1959 Survivor Benefit Pool, and authorizing the Mayor to sign said
agreement.
153: Directing the City Clerk to conduct an employee election by secret
ballot and to certify the results of the election to the Public Employees
Retirement System.
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__ City Hm]l, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
A23. 123: Approving an agreement with Allstate Insurance Company to provide
undercover vehicles at no cost to the City, and authorizing the Mayor to
execute said agreement.
A24. 123: Approving a "Release of Agreement and Covenant", recorded as
Instrument No. ~6-177433 in connection with CO (Commercial, Office and
Professional) zoned property located at 8141 Kaiser Boulevard.
A25. 158: RESOLUTION NO. 88R-248: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEtLEIN.
Roll Call Vote on Resolution Nos. 88R-247 and 88R-248:
AYES:
NOES:
ABSEI(T:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL ME24BERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution Nos. 88R-247 and 88R-248 duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
123: MULTIPURPOSE ARENA PROPOSAL - EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT:
Submitted was memorandum dated June 27, 1988 from the City Manager,
recommending that staff be directed to prepare such an agreement with the
Papiano Group. City Manager Simpson stated it will first be necessary to
waive the Brown Act since the matter on which action needs to be taken today
arose after the posting of the printed agenda on Friday.
On motion by Councilman Bay, seconded by Councilman Pickier, the Anaheim City
Council determined that the need to act on the following item arose after the
posting of the agenda for this meeting, on Friday, June 24, 1988, at
4:00 p.m.; and consequently waived the Brown Act requirement relative to
posting the item on the printed agenda. MOTION CARRIED.
Councilman Bay moved that the Council direct staff to prepare a 90-day
Exclusive Right to Negotiate Agreement with the Papiano Group for development
of an arena and to submit the final a§reement for Council's consideration in
the next month. Councilman Pickler seconded the motion.
Before a vote was taken, Mayor Bay explained tlmt to give an Exclusive Ri$l~t
to Negotiate is simply that. There are no commitments from the City prior to
negotiations and the City has the right to either do something or do nothing.
A vote was then taken on the foregoing motion. MOTION CARRIED.
i27/145: GENERAL MUNICIPAL ELECTION - NOVEMBER, i988: Submitted was
memorandum dated June 28, 1988 from City Clerk Leonora Sohl, recommending
adoption of certain resolutions relating to the subject election. Council
also needs to determine who they wish to indicate in the resolution to write
the argument on the Storm Drain Bond Issue, whether it be 1, 2, all or none.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
Councilwoman Kaywood. Since she had written the argument that was so
successful in 1980, she would like to write the argument this time as well and
the entire Council can then sign it.
WAIVER OF READING - RESOLUTIONS: The title of the following resolutions were
read by the City Clerk. (Resolution Nos. 88R-249 through 8~R-252)
Councilman Bay moved to waive the reading in full of the resolutions.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Bay offered Resolution Ngs. 88R-249 through 88R-252, both
inclusive, for adoption (1) requesting the Board of Supervisors to consolidate
a General Municipal Election with the National Election to be held November 8,
1988; (2) adopting regulations for~andidates; (3) providing for filing of
rebuttal arguments for City measures and (4) setting priorities for filing
written arguments on City Measure (Storm Drain Bonds) and directing the City
Attorney to prepare an impartial analysis.
RESOLUTION NO. 88R-249: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHE~4 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF 0R~gGE TO
CONSOLIDATE A GENEKAL MUNiCIPAL ELECTION TO BE HELD ON NOV~4BER 8, i98S, WITH
THE STATEWIDE G~NERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION
23302 OF THE ELECTIONS CODE.
F. ESOLUTION NO. 88R-250: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHE~4 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STAT~-~NTS SUBMITTED TO THE VOTERS AT ~g ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 1988.
RESOLUTION NO. 88R-251: A RESOLUTION OF THE CITY COUNCIL OF THE Ci£Y OF
ANAHEIM PROVIDING FOR THE FILING OF REBUTTAL A~IGUMENTS FOR CITY MEASURES
SUBMITTED AT MUNICIPAL ELECTIONS.
RESOLUTION NO. 88R-252: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SETTING PRIORITIES FOR FILING WlilTT~ ARGUMENTS REGARDING A CITY
MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ~gALYSIS.
R011 Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL ME~4BERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution Nos. 88R-249 through 88R-252, both inclusive,
duly passed and adopted.
Councilman Bay moved to determine that the text of a measure or ordinance be
made available to any voter upon request through the City Clerk's Office,
which is option (a) on the printed agenda. Councilman Pickler seconded the
motion.
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City Hall, Anmheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
Before a vote was taken, Councilwoman Kaywood stated that she was more in
favor of option (b) as indicated on the agenda, i.e., printing the text of
same in the voters pamphlet because it would be less time consuming and costly.
City Clerk Sohl clarified that option (b) would be much more expensive with
costs for printing estimated to be $3,800 a page. At one time it was required
that the text be printed in the pamphlet, but now it is optional.
A vote was then taken on the foregoing motion approving option (a) that the
text will be made available through the City Clerk's Office. MOTION CARRIED.
Mayor Bay noted that the Council had already made its decision to place the
"housekeeping" Charter amendments on the ballot and hoped that the Council
will find the time to discuss the possible bond issue for critical
intersections as well; City Clerk Sohl announced that a resolution will be
prepared for each measure and all will be presented before August 9, 1988.
105: APPOINTMENT TO THE HOUSING COmmISSION: Selection of Tenant Housing
Commissioner ~or the term expiring June 30,' 1990 (Bailey).
Councilwoman Kaywood nominated Alice Taylor, Councilman Bay seconded the
nomination.
There being no further nominations, Councilman Bay moved that nominations be
closed. Councilman PicKler seconded the motion. MOTION CARKIEO.
Alice Taylor was thereupon appointed to the Housing Commission as Tenant
Commissioner for the term expiring June 30, 1990.
142/127: PROPOSED AMENDMENTS TO THE CIYY CHARTER: To discuss potential
changes to City Charter to be placed on the November 1988 ballot. ~is matter
was discussed at the meetings of May 31, June 7, June 14 and June 21, 1988
(see minutes those dates) where decisions have already been made to place
certain issues on the November, 1988 ballot.
Mayor Bay. He reiterated that he feels strongly a bond issue should be placed
on the November, 1988 ballot regarding critical intersections. The Council
has approved 7 or 8 critical intersections thus far. He will not try to
presuppose the vote of the Council when the additional 24 intersections are
discussed at the public hearing scheduled for July i2, 198S. He is concerned,
however, that regardless of the Council's decision on the added 24, the ones
already d~clar~d critical will cost approximately $1.~ million each. ~e is
urging that the Council consider strongly a bond issue of $30 million to be
placed on the ballot. He is not going to make a motion today but will do so
within a couple of weeks.
City Clerk Sohl confirmed that the public hearing on the General Plan
Amendment regarding critical intersections will be held July 12, 198U, but
July 19, 1988 is the date set for consideration of a bond measure for the
critical intersections.
659
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
ITEMS OF PUBLIC INTEREST:
No items of public interest were addressed.
179/149: REQUES~ FOR RECONSIDERATION OF A CHANGE IN THE CONVENIENCE MARKET
PARKING ORDINANCE: Councilwoman Kaywood referred to letter dated June 17,
1988 from the Chairman of the Planning Commission, Bob Messe, wherein he
explained that the Planning Commission is asking the Council to reconsider a
change in the City's parking ordinance for convenience markets recently
forwarded to the Council and denied (see Council meeting minutes of May 31,
1988).
Mayor Bay suggested that the matter be discussed under Council comments; later
in the meeting (approximately 2:40 p.m.) Councilman Pickler broached the issue
and moved to schedule on the agenda of July 19, 1988 Council discussion
regarding the request for reconsideration from the Planning Commission to
change the parking ordinance for convenience markets. Councilman Bay secondea
the motion. MOTION CARRIED.
CITY PLANNING COI~H4ISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held June 6, 1988, pertaining to the
following applications were submitted for City Council information.
Cl.
VARIA/qCE NO. 3790 AND NEGATIVE DECLARATION
OWNER: JOSEPH M. URIAS, 1224 E. Katella Avenue, Orange, CA 92667
LOCATION: 213 South Ohio Street
Waivers of (a) minimum building site area per dwelling unit and (b)
maximum structural height to construct a 3-story 6-unit apartment
building.
Variance No. 3790 D~IED by the Planning Commission, PC88-140
Approved Hegative Declaration.
The Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing will be scheduled at a later date.
C2. RECLASSIFICATION NO. 87-88-52 (READVERTISED), VARIANCE NO. 3782 ~qD
NEGATIVE DECI~kRATION
OWNERS: MOHA~ KIAFAKAND PARVIN KIAFAR, 300 No. Tustin Avenue,
#201 Santa Aha, CA 92705
LOCATION: Property is approximately .38 acre located at the
southeast corner of La Palma Avenue and Anna Drive.
To reclassify property from CL to RM-i200 or a less intense zone.
To construct a 14-unit, 3-story, affordable apartment complex with
waivers of (a) minimum building site area per dwelling unit, (b)
maximum structural height, (c) maximum site coverage and (d)
permitted encroachments.
Resolution rescinding Resolutions PC88-130 and PC88-131
is PC88-141.
Reclassification No. 87-88-52 GRANTED by the Planning Commission,
PC88-142.
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City Hall, Anaheim, Caltformta - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
Variance No. 2782 GRANTED by the Planning Commission, PC88-143.
Approved Negative Declaration.
C3. ENVIRONMENTAL IMPACT REPORT NO. 273 (PREVIOUSLY CERTIFIED)~ REQUEST TO
A/,~ND THE HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN (SP87-1) ZONING AND
DEVELOPMENT STANDARD PERTAINING TO OPEN SPACE AND COVERAGE REQUIREMENTS FOR
DEVELOPM~NTAREAS 2, 5 AND 9
Owner: DAVID GRAF, PRESLEY OF SOUTHERN CALIFORNIA, 17991 Mitchell
South, Irvine, CA 92714
AGENT: FRANK ELFEND AND ASSOCIATES, 4675 MacArthur Court, Suite 660,
Newport Beach, CA 92660
LOCATION: Property is an irregularly-shaped parcel of land
consisting of approximately 816 acres located north of Canyon Rim
Road and east of Serrano Avenue, bounded on the north by East Hills
Planned Community (Bauer Ranch), on the east by Sycamore Canyon
(formerly Wallace Ranch) and The S,,mm~t of Anaheim Hills (formerly
Oak Hills), on the southeast by Irvine Company property, on the west
by the original Anaheim Hills Planned Community and further aescri~ed
as the Highlands at Anaheim Hills.
Request to amend the Highlands at Anaheim Hills Specific Plan
(SP-87-1) Zoning and Development standard pertaining to Open Space
and coverage requirements for development areas 2, 5 and 9.
EiR NO. 273 Previously Certified.
Specific Plan 87-1 Recommended for approval by the Planning
Commission, PC88-144.
See }ublic Hearings this date.
C4. VARIANCE NO. 3801 AND NEGATIVE DECLARATION, ENVIRONMENTAL IMPACT REPORT
NO. 283 (PREV. CERTIFIED) ~qO SITE PLAN APPROVAL (REVISION NO. i)
OWNEKS: WOODCKEST DEVELOPMENT, James Highland, 17911 Mitchell
Avenue, Irvine, CA 92714
AGENT: FRANK ELFEND AND ASSOCIATES, 4675 MacArthur Court, Suite 660,
Newport Beach, CA 92660
LOCATION: Property is approx. 37.1 acres located within the Sycamore
Canyon Specific Plan (SP88-1 zone) development area, bounded on the
north by the future Canyon Creek Road, on the east by the future
northerly extension of Serrano Avenue, on the south by The Summit of
Anaheim Hills and on the west by the Highlands~at Anaheim Hills, and
further described as previously-approved Tentative Tract No. 12994.
To construct a 451-unit apartment complex with waivers of (a) type of
parking spaces and (b) location and type of walls.
Variance No. 3801 GRANTED by the Planning Commission, PC88-145.
Approved Negative Declaration.
EIR NO. 283 (Prey. Certified) Approved by the Planning Commission.
Site Plan Approval (Revision No. 1) Approved by the Planning
Commission.
661
City Hall, AnAheim, C~!~fornia - COUNCIL MINUTES - June 28~ 1988, 1:30 P.M.
C5. RECLASSIFICATION NO. 87-88-54, CONDITIONAL USE PERMIT NO. 3016 AND
NEGATIVE DECLARATION
OWNER: GEORGE F. HEXTER, 55 S. Market Street, #i500, San Jose, CA
95113
AGENTS: WAYNE BANKS, WAYNE BANKS AND ASSOCIATES, INC., 19100 Von
Karman, Suite 260, Irvine, CA 92715
MR. T. FULLER, M. S. PARTNERSHIP, 1634 E. Adams Avenue, Orange, CA
92715
LOCATION: 2201 W. Lincoln Avenue
For a change in zone from RS-A-43,000 to CL or a less intense zone,
and to permit a 6,259 square-foot, 5-unit commercial retail center.
Reclassification No. 87-88-54 GRANTED by the Planning Commission,
PC88-146.
CUP NO. 3016 GRANTED by the Planning Commission, PC88-147.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Councilman
Pickler and seconded by Councilwoman Kaywood and, therefore, a public hearing
will be scheduled at a later date.
C6. R~CLASSIFICATION NO. 87-08-55, VAR/ANCE NO. 3800 AND NEGATIVE DECLARATION
O~ER: HENRY LOUIS FOUCHERAND EVELYN MARGARET FOUCHEL~{, 514 N.
Clementine Street, Anaheim, CA 92805
AGENT: PHILIP H. CASE, i249-A East Imperial Hwy, Placentia, CA 92570
LOCATION: 3826 West Lincoln Avenue
For a change in zone from CL and RS-A-43,000 to RM-1200 or a less
intense zone, to construct a 3-story, 66-unit apartment complex with
waivers of (a) maximum structural height and (b) maximum site
coverage.
Reclassification No. 87-88-55 GRA/~TED by the Planning Commission,
PC88-148.
Variance No. 3800 GRANTED by the Planning Commission, PC88-149.
Approved Negative Declaration.
C?. CONDITIONAL USE PERMIT NO. 3015 AND NEGATIVE DECLARATION
OWNER: LA MLRADA CLEANERS, INC., 135 W. Ball Road, Anaheim, CA ~2805
AGENT: MEIOR SLANI, 9301 Wllshire Boulevard, ~$09, Beverly dills,
CA 90210
LOCATION: 135 W. Ball Road
To permit a 0,880 square-foot, 10-unit, commercial retail center with
waiver of minimum number of parking spaces.
CUP NO. 3015 GRANTED by the Planning Commission, PC88-150.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Councilman
Pickler and seconded by Councilwoman Kaywood and, therefore, a public hearing
will be scheduled at a later date.
662
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
C8. CONDITIONAL USE PER,lIT NO. 3018 AND NEGATIVE DECLARATION
O~lgR: THOMAS P. WALKER, ET AL, 2855 E. Coast Hwy. #221, Corona Del
Mar, CA 92625
AGENT: SIXPENCE INNS OF AMERICA, ~C., 175i East Garry Avenue, Santa
Aha, CA 92705
LOCATION: 1440 North State College Boulevard
To construct a 55-unit motel.
CUP NO. 3018 GRANTED by the Planning Commission, PC88-151.
Approved Negative Declaration.
REPORTS AND R~COMM~fOATIONS
C9.
CONDITIONAL USE PERMIT NO. i218
Applicant (Gay Odell, Electair International Marketing) requests
approval for a Manufacturers Marketing office.
Approved by the Planning Commission.
Ci0. CONDITIONAL USE P~LRJ4IT NO. 2844
To consider revised plans for service station/car wash/mini mart
located at the northwest corner of Weir Canyon and Santa Ana Canyon
Road.
No action taken by the Planning Commission.
Councilwoman Kaywood requested that the matter be set for a nearing;
Councilman Pickler concurred.
City Attorney White explained this was a report item to consider revised plans
relating to Conditional Use Permit No. 2844. It was not a public hearing
item. ~e Planning Commission did not act on it at that meeting.
Annika Santalahti, Zoning Administrator. The Planning Commission was informed
that there had been revisions to the plan that staff was considering
acceptable, k~e Planni~ Commission was not concerned so they took no action.
City Attorney White. He confirmed the item was not a public hearing item.
TWO Members of the Council have the prerogative to place the item on an agenda
to consider approval of the revised plans. It will not be set as a formal
public hearing but as a Council agenda item since no public hearing is
required. The Council will, however, have the prerogative to take public
input but legally it is not a public hearing. His recommendation is that the
Council not set it as a public hearing because a public nearing brings in a
whole set of legal criteria. If set, it should appear as an agenda item at
1:30 p.m.
It was determined that consideration of revised plans for Conditional Use
Permit No. 2844 will be considered by the Council on Tuesday, July 19, 198~ at
1:30 p.m. and that public input will be allowed.
663
City Hall, A~mheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
Cll. CONDITIONAL 0SE PERMIT NO. 1260
Request from property owner, Robert F. Lott, for termination of
Conditional Use Permit No. 12b0.
CUP NO. 1260 Terminated by the Planning Commission, PC~8-152
C12. CONDITIONAL USE PER2~T NO. 1772
Request from property owner, Ghazi Itani, for termination of
Conditional Use Permit No. 1772.
CUP NO. 1772 Terminated by the Planning Commission, PC88-i53.
C13. CONDITIONAL USE PERMIT NO. 244i
Petitioner requests review and determination of substantial
conformance with previously approved plans for Conditional Use Permit
No. 2441.
Approved by the Planning Commission.
C14. RECOMMENDED CODE AMENDi~ENT - AMENDMENT OF CERTAIN SECTIONS OF TITLE 18
PERTAINING TO GARAGE SETBACKS AND TANDEM PARKING IN tLESID~qTIAL ZONES: The
City Planning Commission, at its meeting of June 6, 1988, recommended that the
City Council by ordinance adopt amendments to certain sections of Title 18
pertaining to garage setbacks and tandem parking in residential zones.
Mayor Bay asked if the proposed ordinance will reduce or increase garage
setbacks and tandem parking.
Annika Santalanti, Zoning Administrator. Relative to garage setbacks, it
would reduce the distance from the current Code of 25 feet front-on garage
setback with a swing-up door having enough room within that 25 feet to open.
It would be amended whereby if there is a roll-up door there could be a
20-foot setback. There would still be room for at least one automobile in the
driveway. Relative to tandem parking, it will allow open spaces to be tandem
to covered spaces and assigns a minimum dimension but must be assigned to the
same person.
Councilman Ehrle. He asked how the proposed amendment will affect new
projects in the Hill and Canyon area and if it would supersede any agreements
already executed.
Joel Fick, Planning Director. All of the development agreements on the three
large Ranches have or will be executed prior to any effective date of the
proposed ordinance. The provisions in the agreements and the provisions of
the specific plans would take precedence.
Councilman Bay offered Ordinance No. 4936 for first reading.
ORDINANCE NO. 4936: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS
CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO STRUCTURAL
SETBACK AND YARD REQUIREMENTS FOR FRONT-ON GARAGES IN RESIDENTIAL AREAS.
664
City Mall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
CITY PLANNING COmmISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held June 20, 1988, pertaining to the
following applications were submitted for City Council information.
City Clerk Sohl announced that Sally Smith wished to speak to ELK No. 273
which was one of the information items being presented to the Council today;
Mayor Bay noted tlmt these were not items of public hearing at this time but
would allow input under the time limitations given to items of public interest.
C15. ENVIRONMENTAL IMPACT REPORT NO. 281 AND ADDENDOM (PREViOUSLY-CERtIFIED),
FINAL SPECIFIC PLAIqS FOR PREVIOUSLY-APPROVED T~TATIVE TRACT NOS. 132~b,
13512, 13513, 13514, 13515, 13516, 13517 AND 13518
OWNERS: BALDWIN BUILDING COMPANY, A GENERAL PARTNERSHIP, 168ii Hale
Avenue, Irvine, CA 92714
AGENT: DIANA HOARD, THE BALDWIN COMPANY, 16811 Hale Avenue, Irvine,
CA 92714
LOCATION: Property comprises eight (8) tentative tracts totaling
approximately 108 acres, located on the south side of the future
northerly extension of Serrano Avenue, bounded on the west by the
Highlands at Anaheim Hills, on the south by the Irvine Company
property, and further described as previously-approved Tentative
Tract Nos. 13266, 13512, 13513, 13514, 13515, i3516 13517, and 13518
within The S,~mtt of Anaheim Hills Planned Community (PC) (SC))
Development Area 101.
Request for Final Specific Plan approval to construct a total of 2i0
RS-HS-10,000 (Residential, Single-family, Scenic Corridor Overlay)
Zone single-fmm~ly detached residential structures.
EIK NO. 281 APPROVED by the Planning Commission.
Tentative Tracts APPROVEO by the Planning Commission.
C16. ENVIRONMENTAL IMPACT REPORT NO. 273 (PREVIOUSLY CERTIFIEO), VESTING
TENTATIVE TRACT NOS. 12685, 12686, 12687, 12688, 12689, 12690~ ~O 12691 A~D
SITE PLANS
OWNERS: PRESLEY OF SOUTHERN CALIFOKNIA, David Graf, 17991 Mitchell
South, Irvine, CA 92714
AGENT: FRANK ELF~qDA~D ASSOCIATES, 4675 MacArthur Court, Suite 660,
Newport Beach, CA 92660
LOCATION; Property comprises seven (?) tentative tracts totalin~
approximately 355.04 acres (includin~ Deer Canyon Open Space
acreage), generally bounded on the north by East Hills Planned
Community, on the west and south by the original Anaheim Hills
Planned Community, on the east by Sycamore Canyon and Highlanas at
Anaheim Hills Development Areas 6,7,9 and 10 and further described as
Highlands at Anaheim Hills Specific Plan Development Areas 1,2,4, and
5 and ad~acent to Deer Can~on Open Space.
Request for the following tentative tract maps and site plans:
VESTING TENTATIVE TRACT NO. 12685 AND SITE PLAN
To establish a 16.27 ac., 84-1ot (plus one open space lot),
single-family detached residential subdivision. (Development Area 4).
665
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City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
VESTING TENTATIVE TRACT NO. 12686 AND SITE PLAN
To establish a 66.69 ac., 100-lot (plus three open space lots
including one open space lot comprising a portion of Deer Canyon),
single-family detached residential subdivision. (Development Areas 4
and 5).
VESTING TENTATIVE TRACT NO. 12687 AND SITE PLAN
To establish a 100.70 ac., ll3-iot (plus two open space lots
including one open space lot comprising a portion of Deer Canyon),
single-family detached residential subdivision. (Development Areas 2
and 5).
VESTinG TENTATIVE TRACT NO. 12688 AND SiTE PLAN
To establish a 34.81 ac., 89-1ot (plus two open space lots),
single-family detached residential subdivision. (Development Area 2).
VESTING TENTATIVE TRACT NO. 12689 AND SITE PLAN
To establish a 69.7i ac., 70-lot (plus one open space lot),
single-family detached residential subdivision. (Development Area 1).
VESYING TENTATIVE TRACT NO. 12690 AND SITE PLA24
To establish a 19.94 ac., 79-1ot (plus one open space lot comprising
a portion of Deer Canyon), single-family detached residential
subdivision. (Development Area 1).
VESTING TENTATIVE TRACT NO. 12691 ~D SITE PLA/~
To establish a 36.92 ac., 57-iot (plus one open space lot),
single-family detached residential subdivision. (Development Area 1)
Sally Smith, 7370 East Kite Drive, Anaheim. Relative to this item and the
vesting of the Tentative Tracts, she feels that tnere is enough evidence to
request a public hearing with regard to these Tracts. Also, a density
transfer is being requested from areas within the Highlands project which are
less dense to areas already highly impacted and in the most dense position in
that community. She feels things were not according to the original General
Plan for that area and many changes have been made, particularly in Area 5
which borders Deer Canyon with rear yard setbacks of 10 feet from the canyon.
It is her understanding that there was at some prior time an agreement between
Presley and the Audobon Society that the view from the canyon was to be such
that the houses would not be visible from the canyon floor. The developer is
asking to place 2,700 square-foot homes of 4 and 5 bedrooms in the same area
where there was approval originally for 1,225 square feet. There are obvious
impacts on the land and on Deer Canyon and the fact that there are only
10-foot setbacks. Residents of the area should have the opportunity to
address the issue. She is requesting a public hearing in the evening.
Joel Fick, Planning Director. This item was presented and discussed at the
Planning Commission hearing. Only 27 units out of the total development in
the Tracts have been shifted from one development area to another. He recalls
tmat two of three development areas where units were transferred to were
largely on the interior of the development and the one area on the fringe of
the overall development area still was within the density standards of the
666
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
General Plan. Considering guidelines of the overall General Plan density and
the standards of the specific plan which do allow minor transfers from one
location to another these were the reasons staff felt that issue was
acceptable for approval. The setback from Deer Canyon was also discussed.
There are slopes that go down into the watershed. The homes are actually set
back 10 feet from the top of the slope but not 10 feet from the property line
of Deer Canyon. He clarified for the Mayor that those issues were discussed
at the Planning Commission hearing and the Commission felt t~s was the
implementation of the plan as discussed and in accordance with the previously
certified Environmental Impact Report.
There was no action taken by the Council on the subject EIR No. 273, the
vesting of Tentative Tracts or the site plans.
INFORMATIONAL ITR~ (No Action Required):
D~SITY TRANSFER NO. 88-03:
Highlands at Anaheim Hills Specific Plan (SP87-1) - Request to
transfer 22 units from Development Area 3 and 5 units from
Development Area 2 to Development Areas 1, 4, and 5 for an increase
of 12 units within Development Area 1, 10 units within Development
Area 4, and 5 units within Development Area 5.
Density Transfer Request No. 88-03 was approved by the Planning
Director on June 8, 1988. The appeal period for this item wiil end
on June 30, 19~8.
EIR NO. 273 APPROVEO by the Planning Commission.
Tentative Tracts APPROVEO by the Planning Commission.
End of Planning Commission Items. MOTIONS CARRIED.
179: AMENDING RESOLUTION NOS. 8~R-39 AND 68K-40 - NUNC PRO TUNC: Amending
Resolution Nos. 88R-39 and 8~K-40, nunc pro tunc to change the legal
description of property located at 3603, 3609, 3613 and 362i Savanna Street,
and ~elating to the approval of Reclassification No. 87-88-33 and Variance
No. 3739.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No.
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Bay offered Resolution No. 88R-253 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 88R-253: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AbflgNDING RESOLUTION NOS. 88R-39 AND 88K-40, NUNC PRO TONC.
Roll Call Vote:
667
City Hall, AnAheim, C~]~fornia - COUNCIL MINUTES - June 28, 1988~ 1:30 P.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Earle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution No. 88R-253 duly passed and adopted.
179: ZONING ADMINISTRATOR'S DECISION - MEETING DATE JUNE 16~ 1988 - DECISION
DATE: JUNE 23, 1988 -APPEAL PERIOD ENDS: JULY 8~ 1988:
CiS. VARIANCE NO. 3802, CATEGORICA]~[.Y EX~iPT, CLASS 3-A
OWNER: CHANOER P. SHARMAAND VENU SHARMA, 3336 West Ball Road,
Anaheim, CA 92804
AG~T: DEVELOPERS' ENGINEERS, ATTN: GARY PERKINS, 1401 North
Batavia, Suite 104, Orange, CA 92667
LOCATION: 5151 E. Crescent Drive
Petitioner requests a waiver of maximum structural height to
construct a 2-story, 31-foot high, single-family residence.
Variance No. 3802 APPROVED by the Zonit~ Administrator (for a maximum
height of 29 feet) Decision No. ZA88-36.
Councilwoman Kaywood asked that this item be set for a public hearing; there
was no second to her request and, therefore, no public hearing will be set.
Councilwoman Kaywood stated there was an annexation agreement with both
Peralta Hills and Mohler Drive where specific conditions were set forth for
these two areas. The City's credibility is at stake if the matter is not set
for a public hearing. She asked for an explanation when the Planning
Commissioner established a 25-foot maximum plus 2 feet for a chimney what t~t
meant.
City Attorney White. The Council previously clarified tne existing ordinance
to provide that the height of chimneys was not be included in the 25-foot
height limit in the Scenic Corridor. There is no limit on how high chimneys
can be. The only limitation clarified was that chimneys were not to be
included in the 25-foot height limit in the Scenic Corridor.
Annika Santalahti, Zoning Administrator. This is a hillside site and it is in
Peralta Hills. She has not seen any annexation a§reement but only somethin~
from a member of the public relative to Mohler Drive to maintain a rural
character but not a height limitation. She has not seen or had anythin~ about
Peralta Hills. The applicant indicated that neighbors have been present in
the immediate vicinity and indicated no problem with the request.
Councilwoman Kaywood expressed her strong concern in not being able to set the
matter for a public hearing; later in the meeting (5:15 p.m.) she again
requested that the matter be set for a public hearing. Councilman Pickler
seconded her request, therefore, a public hearing will be set at a later date.
C19. VARIANCE NO. 3803, CATEGORICALLY EX~4PT, CLASS 3
OWNER: DEAN R. POKEMBA AND KATHY D. PORf~4BA, 10571 Wulff Drive,
Villa Park, CA 92667
668
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City Hall, Amabeim, cml{fornta - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
LOCATION: 6924 East Overlook Terrace
The petitioner requests a waiver of maximum structural height to
construct a 2-story, 35-foot high, single family residence.
Variance No. 3803APPROVED by the Zoning Administrator, Decision No.
ZA88-37.
End of Zoning Administrator's decisions. MOTIONS CAFelIED.
130: ML MEDIA - ~LYI-VISION - CABLE TV FRANCHISE VIOLATIONS: Councilman
Pickler referred to report dated June 28, 1988 from the City Manager giving
the status of Anaheim's Cable TV Franchise which reflected that there have
been three violations of the Franchise over the past one and a-half years.
After notices of violation are issued, they seem to comply, but then that
compliance fades. He does not know what has to be done to terminate the
franchise but it should be done. Instead of better service being provided as
promised when MLMedia took over the franchise, it has progressively worsened
and the minimum Cable service fee has also been progressively increased. The
Council at this time has no power to regulate these increases. The City's
State Legislators must get the message that the matter should again be under
local control so that something can be done. Customers do not bother calling
the franchisee any more because they cannot get through. It is imperative
that ML Media become responsive and, if not, that steps be taken to remove
them as the City's Cable TV Franchisee.
City Attorney White. Answering the Mayor, there are specified conditions
under which the Council has the prerogative upon notice an~ an opportunity for
the franchisee to be heard to terminate the existing franchise which are
specified in the franchise itself. It provides that if the City Manager fin~s
there has been a material violation of the franchise continuing after notice
for a period of 30 days or more, he would have the prerogative to bring t~t
to the Council upon 10 days notice to the franchisee to consider termination.
Mayor Bay. He does not want to take action today but would like basic
information supplied to the Council from the City Attorney's Office and the
City Manager on what the alternatives are for what appears to be continued
infractions. The Council cannot do much about the rate increases but in the
next three weeks~ he would like to know what the alternatives are for Council
consideration and possible subsequent action.
City Attorney White. He will be happy to work with the City Manager and staff
to bring back a joint report to the City Council.
RECESS: By general consent the Council recessed to the time of public
hearings. (2:50 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:10 p.m.)
669
City ~11, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
179: PUBLIC HEARING - VARIANCE NO. 3791 AND NEGATIVE DECLARATION
APPLICANT:
OWNER:
Ledger Smith
17i6 N. Ross Avenue,
Santa Aha, CA 92706
ATTN: Security Pacific National Bank
P.O. Box 7120,
Newport Beach, CA 92658
AGENT:
Gerald M. Greco
2225 E. Katella Avenue,
Anaheim, CA 92806
AND: Thomas K. Cannon
27665 Focnes Road, Suite 204,
Laguna Niguel, CA 92677
LOCATION/REQUEST: rl~e property is located at 2225 E. Katella Avenue. The
request is for waivers of (a) maximum number of free standing signs, (b)
permitted location of free standing signs, (c) minimum distance between free
standings signs and (d) minimum sight distance requirements to construct 2
additional free standing signs.
pL~qNING COMMISSION ACTION: Resolution No. PC88-123 granted Variance
No. 3791; approved EIR Negative Declaration.
HEARING SET 0N:
A review of the Planning Commission's decision was was requested by Councilman
Pickler at the meeting of May 31, i98U, and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
PuDltcation in Anaheim Bulletin June i6, 1988.
Posting of property June 17, 1988.
Mailing to property owners within 300 feet - June 17, 19~8.
p~ING STAFF INPUT:
See Staff Keport to the Planning Commission dated May 9, 1988.
COUNCIL CONCERNS:
Councilwoman Kaywood.
The Council has been discussing signs and billboards in the City
and at some point it is necessary to take a stand. To allow
additional signs where they are not necessary is not the way to
mitigate sign proliferation.
Annika Santalahti, Zoning Administrator.
This property can legitimately have two freestanding signs based
on the amount of street frontage they have. The applicant is
proposing, in addition to three he already has, to construct
another two. The Code states that there should also be at least
670
City' Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
300 feet between freestanding signs and the applicant is
proposing less then that or over twice as many as he is
permitted on the property. There are two permitted and five
total freestanding signs proposed.
APPLICANT'S
STATEMENT:
Gerold M. Greco, 2225 E. Katella Avenue, Anaheim.
There has been some confusion on how many signs are being
requested and how many they want. They currently have two
freestanding signs, the Pontiac Motor Division logo and the
Peugeot signs located in excess of 250 feet away from each
other. Workin~ from the posted plot plan, he pointed to the
existing signs designated as Ei and E2. Another sign, g7, was a
request for relocation. At the original hearing, they asked
that it be moved from one side of the service drive to the other
but are willing to leave that as is or eliminate it if it is
necessary. Their frontage on Katella descends under railroad
tracks. Other than just having the signs available to the
general public for sales and service, they have a franchise
agreement with Daihatsu Motor Division of Japan to have the sign
up and available for sales and service of their product. T,ey
are proposing one sign for a total of four - three on Katella
and one on Howell. They would be willing to preclude the
relocation of the service drive sign from the proposal to get
the Daihatsu sign.
Council Members posed questions to Mr. Greco and staff in order
to clarify the request and the number of signs involved at the
conclusion of which Mr. Greco stated the request is for one sign
on Katella, the proposal for the Import Center sign is out, they
are willing to acquiesce on the directional sign but would like
to have the Daihatsu sign erected on Katella which would then
give them Pontiac, Peugeot and Daihatsu or three total. They
are only looking for one more sign. They have no way to combine
products on one sign. He is trying to maintain his business and
the sign being requested is important to that goal.
Mr. Greco also spoke to the fact that under the conditions of
approval, they are required to install a number of improvements,
none of which they are in a position to do without obtaining the
signature of the property owner who is 97 years of age. It took
two years to ~et him to sign one other document. They canaot
perform with regard to the improvements but need the sign to
survive.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
~q OPPOSITION:
None.
671
C~_ity Hall, Anaheim, Cml~fornia - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
ENVIRONMENTAL ~PACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman Hunter, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-245)
Councilman Bay moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Before final action, Ms. Santalahti explained that the three signs Mr. Greco
is interested in are the Daihatsu and E1 and E2, Pontiac and Peugeot, all of
which are on Katella Avenue. If approved, it will be for a total of three
signs and it will also delete waiver (d) pertaining to the parts and service
sign that he indicated he would eliminate, if the Council is approving 3, he
cannot have the fourth directional sign.
Councilman Bay offered Resolution No. 88R-254 for adoption, granting Variance
No. 3791, allowing three freestanding signs for the three specific automo0ile
companies. Refer to Resolution Book.
RESOLUTION NO. 8~R-254: A RJ~SO~UTi0N OF TH£ CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANC£ NO. 379i.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBE~S:
ABSENT: COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickier and Bay
None
None
THe Mayor declared Resolution No. 88R-254 duly passed and adopted.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 5008 AND NEGATIVE
DECLARATION:
APPLICANT:
Olympia Stations, Inc.
405 Park Avenue
New York, New York, 10022
AGENT:
Gary Engineering, Inc.
2207 Garnet Ave., Suite G,
San Diego, CA 92109
672
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City H~I1, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
LOCATION/REQUEST: The property is located at 100 North Beach Boulevard. The
request is to permit a convenience market with gasoline sales.
PLANNING COMMISSION ACTION: Resolution No. PC88-126 granted Conditional Use
Permit No. 3008; approved EIR - Negative Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Pickler at the meeting of May 31, 1988, and public hearing scheduled this date.
POBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June i6, i988.
Posting of property June 17, 1988.
Mailing to property owners within 300 feet - June i7, 1988.
PI~J~NING STAFF INPUT:
See Staff Report to the Planning Commission dated May 9, 1988.
Annika Santalahti, Zoning Administrator.
Staff discovered an hour before the meeting this was mistakenly
advertised a second time before the Planning Commission. The
applicant after receiving approval from the Planning Commission
made revisions to the original request and it went back to the
Planning Commission although it was already set to be heard by
the Council. It is out of the Commission's jurisdiction. They
continued the item because there was some confusion whether or
not he would ~ave public restrooms and he agreed to that. The
applicant was called a short while ago and he is in San Diego
and will not be present for the hearing. The drawings posted on
the ~amber wall are the revised drawings proposed. There was a
prohibition originally on any fast-food in the facility because
of parking. He wanted that changed to allow fast-food and on
that basis he added five parking spaces. He also stipulated
that there would be no beer and wine and there will be public
restrooms. Council may or may not wish to continue the item.
Councilman Pickler.
His concern is the parking and the fact that the location, Beach
Boulevard and Lincoln Avenue, is a very critical intersection
and a convenience market with a gas station is not going to
alleviate the traffic problems at that location. He feels a
continuance is in order.
Annika Santalahti.
The Commission saw the revised plans and they did not have a
problem with the revised request. The applicant indicated an
unwillingness to put in restrooms but changed his mind.
Before any action to continue the hearing, Mayor Bay asked if
anyone was present speak. They could do so now or wait until
the continuance date.
673
City P~l 1, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
Nagy Yassa.
He owns and operates a business on the corner of Beach Boulevard
and Lincoln Avenue, a mini market and convenience store. He
just heard Union 76 was going to start a convenience market
also. There are many such businesses in this area and only a
short distance away from one another. This intersection is very
congested both day and night. He does not know how it can stand
another convenience market. Customers have been complaining for
over a year now because they cannot go right or left or get out
of the parking lot. His store is located on the southwest
corner ~nere Crown Book Store is located.
~nere were no further persons who wished to speak.
MOTION: Councilman Pickler moved to continue the public hearing on
Conditional Use Permit No. 3008 and Negative Declaration for four weeks to
July 26, 1988. Councilman Ehrle seconded the motion. MOTION CARRIED.
179/114: PUBLIC HEARING - VAKIANCE NO. 3734 AND NEGATIVE DECLAKATION -
~qUEST FOR WAIVER OF COUNCIL POLICY NO. 542 PERTAINING TO SOUND ATT~oATION:
APPLICANT: Kent Justice, Future Estates and Development
One Pacific Plaza - 7711 Center Avenue, Suite 525,
Huntington Beach, CA 92647
LOCAtION/REQUEST: The property is located at 2130 West Catalpa Avenue, (South
of La Palma and adjacent to the Santa Ana Freeway). The request is for a
waiver of Council Policy No. 542 - Sound Attenuation in conjunction with
Variance No. 3734 - to establish a 3-lot subdivision and to construct 3
single-family residences with waivers of (a) minimum lot area, (b) minimum
lot width, (c) minimum front yard setback and (d) minimum rear yard setback.
PLANNING COMMISSION ACTION: The Planning Commission approved the request for
a waiver of Council Policy No. 542.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of May 31, 1988, and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 16, 1988.
Posting of property June 17, 1988.
Mailing to property owners within 300 feet - June 17, 1988.
PLA~NING STAFF INPUT:
See Staff Report to the Planning Commission dated May 9, 1988.
COUNCIL GONCERNS:
Councilwoman Kaywood.
The property is a freeway remnant. She was involved in getting
sound barriers installed along the 57 Freeway in order to
alleviate the many complaints received by adjacent residents.
In this case, the decibels will be ear splitting and residents
674
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City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
will not be able to hear on telephones or hear their television
set. She cannot see any reason for putting somebody into that
kind of living environment.
Terry Smith, General Contractor, CAS Development, 10221 Slater
Avenue, Fountain Valley.
He is the agent on the property. 'l~e property was purchased
from Caitrans. There is already a 10-foot sound barrier at that
location. The only waiver they need is on the outside. The
interior is 100% in compliance. The other waivers have been
requested because this was an existing tract of 6,000
square-foot lots. After the tract was done, there was a new
General Plan which imposed a 7,200 square-foot lot minimum
size. All they are asking for is to go back to the original
which all the rest of the houses are or 6,000 square-foot lots
to match the rest of the houses. Ail of the waivers are because
of the new General Plan overlaid over an existing tract.
Annika Santalahti.
The applicant is correct. The property was developed in the
County to the 6,000 square-foot standard and subsequently
annexed to the City. Although the 7,200 square-foot standard
was placed on the property, they are legally non-conforming at
6,000 square feet. The property has four or five lots (the
applicant confirmed it was actually six lots) and the developer
has received a variance replacing those with three lots. The
variance was granted approximately a year ago but Sound
Attenuation Policy No. 542 was neglected to be commented on at
the time of the staff report.
Mayor Bay.
Tbmt is the off ramp he takes to get to his home and he is very
familiar with the area. He would not force a 20-foot wall but
would like the applicant to stipulate that he will notify any
potential buyer that the outside noise level can be between 67
and 71 CNEL. If so, he (Bay) will be satisfied.
Terry Smith.
He has no problem stipulating to that. He is not planning on
selling. A son is going to move into one house and a
sister-in-law in another. He does not intend to sell but he
will so stipulate.
Mayor Bay.
The person who is going to live in the house whether a renter or
an owner must be notified of the sound situation.
City Attorney White.
In order for that stipulation to be enforceable it needs to be
made a condition of the motion, "that the owner of the property
record a covenant agreeing to notifying the occupants or
subsequent purchasers of the sound situation with regard to the
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waiver of Council Policy No. 542." In that way, the covenant
would require that occupants be given notice.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCOSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilman Bay moved to approve the subject request for Waiver of Council
Policy No. 542 but that the owner of the property record a covenant agreeing
to notify the occupants or subsequent purchasers of the sound situation with
regard to Waiver of Council Policy No. 542. Councilman Ehrle seconded the
motion. Councilwoman Kaywood voted no because it will not create a good
living environment. MOTION CARRIED.
108: REHEARING - AMUSEMENT ARCADE APPLICATION NO. 1001:
APPLIC~d~T: OWNER:
Seiyu Yogi
5035 Greensboro Lane,
Anaheim, CA 92807
LOCATION/REQUEST: The property is located at 2940 West Lincoln Avenue, Suite
"C". The request is to permit a 50-machine arcade. The Planning Department
approved the application. A review of the Planning Department's decision was
requested by Councilman Pickler at the Council meeting of April 12, i988 and
public hearing held May 10, 1988. Input was received and the public hearing
continued to May 17, 1988. The application was denied by the Council on that
date. A request for a rehearing was subsequently received from the applicant
and granted on June 7, 1988 and public hearing scheduled this date.
APPLICANT'S
STATEMENT:
K. B. Watanabe (speaking for Mr. Yogi who was also present)
stated that the subject location is sufficient for an arcade.
Because the area has some police reports has nothing to do with
their application.
Councilman Pickler.
He did drive by the arcade Mr. Yogi owns on Chapman and Harbor
in Anaheim but did not go inside. His concerns are those he has
had in the past relative to arcades and the problems some nave
caused. The Council received a police report on the subject
area listing the incidents that have taken place in that area.
If approved, he would like to place a one year time limit on the
application so that it can be reviewed in a year to see if any
problems have occurred. He has spoken with Mr. Yogi who
indicated he had no problem with that.
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City ~11, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
City Attorney White.
He clarified that a time limit could be placed on the
application if approved.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Linda Pugh, 134 South Ridgeway, Apt. #4, Anaheim.
She has lived in the area for 11 years. There is increasing
youth gang activity in the area. Her car has been vandalized.
Graffiti has to be continually cleaned off area walls. Last
week at Schweitzer Park her safety was threatened by a group of
teenage "gang" members. This is the wrong location for an
arcade. There are already approximately 25 youths on bike who
ride around the area and claim it as their territory. Et will
be trouble looking for a place to happen. The neighborhood
already has Oscars to contend with and a motel with "ladies of
the evening". They are trying to live a normal family life in
spite of the difficulties. There are a group of apartments that
have access to the area through a gateway. There are a lot of
unsupervised and unemployed youth in the area. They would like
to shut the gateway off. The youth are still within walking
distance of the proposed arcade. The police would be at the
location all the time.
Debbie Black, 123 South Ridgeway, behind the proposed Center.
She does her laundry where the arcade is going to be located.
The youths already intimidate her. They come into the
laundromat with their bikes. She has four children and they are
beginning to notice everything. She is very much opposed.
Gary Moore, 2832 West Ball Road.
He has signatures from a group of businessmen in the shopping
center. They are not against the business per se because they
want business in the Center but they are concerned over the
element that comes with this type of business. They are sure
Mr. Y0gi's intentions are honorable. As a community they are
afraid of what is going to happen because of the situation there
now. They do not want an increase in problems - no more
prostitution, drug sales or thefts.
Diana 01son.
She lives in the apartments where Mrs. Black lives. Her
daughter's room is right next to the laundry room and someone
has already tried to break into the laundry room. If the arcade
is allowed, there will be more people hanging out. She
clarified for the Mayor that the "bicycle gang" stands right in
front of the mini market and it is intimidating having them
there.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
APPLICANT'S
STATEMENT:
Mr. Watanabe.
He stated that they will find somewhere else to locate the
arcade.
MOTION: Councilman Pickier moved to deny Amusement Arcade Application No.
1008, including the same reasons and findings in connection with the original
denial. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
108: AMUSEMENT ARCADE NO. 1003: City Clerk Sohl referred to the subject
application also submitted by Mr. Yogi ~ich was the subject of a memorandum
to the Council. The Council will have until June 30, 1988 to appeal the
decision of the Planning Department if they wish to do so. (also see minutes
of the Zoning Administrator Hearing dated June 16, 1988).
Annika Santalahti, Zoning Administrator. ~%e application was approved by
staff since there was less than 50% opposition. In order to try to establish
a paper trail, it is being put on the Zoning Administrator agenda so that the
City Clerk's Office will be aware to agendize such items.
Later in the meeting (8:38 p.m.), Councilwoman Kaywood set the subject
Amusement Arcade application for a public hearing and, therefore, a public
hearing will be set on the matter.
179: PUBLIC HEARING - ENVIR01~MENTAL IMPACT REPORT NO. 273 (PREVIOUSLY
CERTIFIED) - REQUEST TO AMEND THE HIGHI~DS AT ANAHEIM HILLS SPECIFIC PLAN
(SP87-1) ZONING AND DEVELOPM~T STANDARD PERTAINING TO OPEN 5PAG~ AND COVERAGE
REQUIREMENTS FOR DEVELOPMENT AREAS 2, 5 AND 9:
APPLICANT: OWNER:
David Graf, Presley of Southern California
17991 Mitchell South,
Irvine, CA 92714
AGENT:
Frank Elfend and Associates
4675 MacArthur Court, Suite 660,
Newport Beach, CA 92660
LOCATION/REQUEST: The property is an irregularly-shaped parcel of land
consisting of approximately 816 acres located north of Canyon Rim Road and
east of Serrano Avenue, bounded on the north by East Hills Planned Community
(Bauer Ranch), on the east by Sycamore Canyon (formerly Wallace Ranch) and The
S-mmit of Anaheim Hills (formerly Oak Hills), on the southeast by Irvine
Company property, on the west by the original Anaheim Hills Planned Community
and further described as the Highlands at Anaheim Hills. The request is to
amend the Highlands at Anaheim Hills Specific Plan (SP-87-1) Zoning and
Development standard pertaining to Open Space and coverage requirements for
development areas 2, 5 and 9.
PLAI~NING CO~4ISSION ACTION: Specific Plan 87-1 was recommended for approval
by the Planning Commission under Planning Commission Resolution No. PC88-144;
EIR No. 273 was previously certified.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
PUBLIC NOTICE REQU~TS MET BY:
Publication in Anaheim Bulletin June 21, 1988.
Posting of property June 17, 1988.
Mailing to property owners within 300 feet - June 17, 1988.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated June 6, 1988.
APPLICANT'S
STATEMENT:
Mr. Frank Elfend, Elfend & Associates, 4675 MacArthur Court,
Suite 660, Newport ~each, CA 92660, Planning Consultants for the
Highlands Project.
They are requesting an amendment to the Highlands Specific Plan
(S?-87-1) pertaining to lot coverage and open space requirements
for Development Areas 2, 5 and 9 and that they concur with the
Planning Commission and amend lot coverage and open space
requirements to permit a maximum residential building coverage
to 40%. The standard requested is already an approved
development standard for Planning Areas 3, 4 and 10 of the
Highlands Specific Plan and the same standard was approved by
the Council for the Sycamore Canyon project. A similar request
for a number of units was proposed by the Baldwin Company for
their $,~mmit project and the request was approved. He then
explained the reasons for the request and based upon those
reasons, he asked that the Council approve the request and adopt
an ordinance to amend the Specific Plan which will increase the
maximum lot coverage to 40% and waive the bedroom requirement
for Development Areas 2, 5 and 9.
Mr. Eifend then explained what they want to give the home buyer
a larger house on a minimum 5,000 square-foot lot when it
occurs. In contrast, because of grading considerations, the
home on that lot size would be a smaller home. Yhe intent is to
build a larger house on a minimum 5,000 square-foot lot where
that did occur; Councilwoman Kaywood expressed concern over the
request. The idea was that a 5,000 square-foot lot would
accommodate 3-bedrooms and still allow for the 35% coverage. If
adding another bedroom, another 850 square feet should be added
and another, etc. Cramming large houses on a lot with no open
space is to be avoided.
Frank Elfend.
One of the decisions they made on the projects when they were
before the City Council and had them approved was that there
were going to be trade-offs. As a major trade-off to the
Highlands project, there was a major amount of open space and
view protection provided - 129 acres were given to the County of
Orange. Highlands provided sufficient open space for the public
good where development could have occurred. The development
standard they are requesting does exist within the Highlands.
In answer to further questions, he explained that none of the
documents ever got down to specifying coverage of 35% or 40%.
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City Hall, A~nbeim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
On the Highlands when preparing the El_R, they looked at worst
case. This is not an EIR consideration. The intent is to
provide larger homes because that is what the community told
them they wanted. Ail traffic studies and additional studies
were based on worst case. They did not know and do not know of
any document they have prepared where it states somettutng
specific. For the purpose of the California Environmental
Quality Act, they used an average rather than a particular
number based upon those variables.
Joel Fick, Planning Director.
The EIK Consultants, every time an ELR is prepared, hire a
certified Traffic Engineer to prepare a report which is
subsequently reviewed by City staff. The way most of the
documents are packaged pertains to land use type, i.e., traffic
generation by a single-family home or a condominium or apartment
standard as opposed to bedrooms. It is by dwelling unit type or
land use type as opposed to specificity.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Sally Smith, 7370 East Kite Drive, Anaheim, Ca. 92808.
She is addressing the ELR and the impact on Anaheim Hills and
particularly Deer Canyon. The developer is proposing now to
build homes that were originally intended to be 3-bedroom homes
of 1,225 square feet on 5,000 square-foot lots. The Council is
being asked to transfer the density to the Areas of 2, 5 and 9.
Area 5 specifically is a tract which will border on Deer
Canyon. They are being asked as citizens to accept a tract to
be placed there which, although they do not object to the larger
footages, they do object to the space to be alotted to the units
which will face the Canyon and will have a setback of 10 feet
which can be viewed from the Canyon floor. She then read a
letter dated June 1, 198~ addressed to the Anaheim City Planning
Commission outlining the areas of concern and reasons for
objecting to the proposed amendment (submitted to the Council
during a recess -made a part of the record). She is requesting
that the Council deny the amendment request. The developer can
go to a larger lot size and consider less units.
Councilwoman Kaywood.
She read portions of a letter from Robin Rodvold on Singing Wood
Drive referring to Specific Plan No. 187 and stating in part,
"that it has only been six weeks since Phase I grading began and
already more taan one-half of the total Highlands property has
been surface mutilated. None of it is remotely close to being
ready to build on . · · my concern is much of the land will be
prematurely graded years before any building will take place."
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City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
Mr. Elfend reported that the only grading that has taken place
is on Phase I.
A1 Ewing, Presley of Southern California.
~he grading operation will probably take another three to five
months and will start tapering off in the fall. The majority of
construction will go into next spring on Phase I, approximately
one quarter of the site. The Phase II operation of grading will
probably impact a great majority of the remainder of the site.
There will be some impact in Deer Canyon but only from the
standpoint of utilities. During the second half of the
operation which will start in nine months to a year, utility
facilities will be installed as well as sewer and storm drain
lines which will be underground. Presley is working with staff
at this time regarding the portion of Deer Canyon within the
Presley project to establish and maintain it as closely as
possible to its natural state. He has walked the Canyon
personally and they are working with staff to see that it is
preserved.
Frank Elfend.
He first clarified some of the comments made by Mr. Ewing. The
comments by Mrs. Smith have been responded to by himself as well
as the Planning Director. Further, the density transfer is not
an item of today's public hearing and has nothing to do with the
amendment they are requesting today.
Mayor Bay.
He asked for clarification if minimum sized lots are 5,000
square feet and the staff report and agenda states an average of
8,000 square feet, that is an average much greater than 5,000
square feet running across the subject areas. Therefore, why
would they need a waiver on coverage to build larger homes and a
waiver to a requirement to add 850 square feet for another
bedroom when the lots on average are 3,000 square-foot bigger
than the minimum requirement.
Frank Elfend.
Within those development areas the maps that have been prepared
and approved today provide for that coverage. However, when the
actual final site plans and final maps are prepared for
recordation, it may be for market demand reasons the need to
have additional homes of 4 and 5 bedrooms. It may change one
way or the other. ~hey would then have the feasibility in the
future as in other areas of the Specific Plan to make the
changes. When it comes back to the Planning Commission and
Engineering Department, they will have to determine whether or
not there is substantial conformance in that regard.
A1 ~wing.
In this hillside subdivision, there is an average because of the
extensive amount of slope areas within lots. The actual
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City Ha!l, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
affected lots they are talking about are not more than 50 to 100
units.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood recognized someone who wished to speak.
Pat Quackenbush, 7390 Singing Wood Drive.
She would like to talk to the builders through the Council
regarding her concern that all the people going through the area
seem to be smokers and she would like them to be careful because
of the fire hazard. There is also concern that they will be
taking down the hills sooner then they should but will not be
developing for three to five years. Wind will be sweeping
through the area and there will be a lot of sand and wind
hitting their area.
Councilman Pickler offered Ordinance No. 4937 for first reading.
ORDINANCE NO. 4937: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.70.060.020 OF CHAPTER i8.70 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
R~TING TO ZONING AND DEVELOPMENT STANDARDS IN SPECIFIC PLAN 87-1 AREA.
Joel Fick, Planning Director.
The Planning Commission resolution does incorporate a
stipulation about an 8,000 square-foot average. He is asking
for clarification if it is the intent to include that in the
ordinance or not.
Councilman Pickier.
His offering of the ordinance does not include specifying an
8,000 square-foot average.
Councilwoman Kaywood.
Relative to the number of units that are involved, she asked
whether Mr. Ewing would be willing to stipulate to no more than
lOOunits.
Councilman Pickler.
He does not want to include that either since he does not want
to tie the developer's hands.
MOTION: Councilman Pickler moved to approve the zoning and development
standards of Highlands at Anaheim Hills Specific Plan (SP-87-1) pertaining to
open space and coverage requirements for Oevelopment Areas 2, 5 and 9 as
requested by the developer. Councilman Hunter seconded the motion.
Councilwoman Kaywood voted no. MOTION CARRIED.
RECESS - DINNER BREAK: Councilman Pickler moved to recess for a dinner
break. Councilman Bay seconded the motion. MOTION CA~KiEO. (~:15 p.m.)
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City Hall, Anaheim, cmltfornia - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (7:15 p.m.)
106: CONTINUED PUBLIC HEARING - RESOURCE ALLOCATION PLAN (RAP): To consider
the 1988/89 Resource Allocation Plan (RAP) Budget. 1he budget was discussed
and continued from the meetings of June 7, June 14 and June 21, 1988 to this
date (see minutes those dates;.
City Manager Bob Simpson. He first addressed some of the policy issues (A
through H) as listed on the Council agenda:
Policy Issue A - That Council declare its policy regarding funding
debt service on the Police 2000 project (Page 24 RAP). This issue
does not require any action by the Council at this time. Monies will
be appropriated as part of the City's General Fund until such time as
the specific revenue is identified. No action was taken by the
Council.
Policy Issue C - That Council declare its policy regarding multiple
occupancy dwelling fire sprinkler systems and inspection fees related
thereto (Page 27, RAP). This refers to multiple dwelling
occupancies. He suggests that it be removed from the agenda and that
staff proceed with tl~e direction previously given by the Council -
that staff negotiate the matter with the development community or any
other interested parties and subsequently bring back to the Council
an ordinance that is acceptable to all. Staff has already begun
those series of meetings. He feels that no time limit should be
imposed but staff be given wlmtever time it takes to get the staff
work done. No action was take by the Council.
Policy Issue E - That Council declare its policy regarding funding
recreation service levels for school-year playground and summer
swimming activities (Page 36, RAP). The City Manager stated this
does not require any Council action at this time. Nothing should be
done until the Anaheim Hilton Partnership Issue is complete and until
staff knows what service levels can 'be restored. No action was taken
by the Council.
Policy issue H - That Council declare its policy regarding funding
of reserves for replacement and renewal at Anaheim Stadium (Pa~e 43,
RAP). This does not require any Council action at this time awaitin~
the final outcome on the Anaheim Hilton Fartnership Issue. No action
was taken by the Council.
City Manager Simpson stated relative to Policy Issue F - That
Council declare its policy regarding funding liability insurance
costs for the Anaheim Senior Citizens Club, Inc. (Page 37, RAP), the
cost to the City will be $16,000. It is not funded and it is not
included in the Resource Allocation Plan. He suggests that the funds
not come from the General Fund but the Council Contingency Fund which
is now at $247,830 since $152,170 was allocated to the Community
Service Agencies by Council last week.
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City M~l 1, AnAheim, C~l~fornia - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
The City Manager continued that relative to Policy Item G regarding
the sale of 20 acres of property to finance channel stabilization at
the Hills Golf Course (Page 41, RAP) this is a reiteration of what
was Council Policy once before. However, there is a change and
Council should not take action on that property. The property is
involved in an EIR study which was reopened recently. No
determination has been made yet as to what the disposition of that
property should be. It is to be removed from the agenda at this time.
Answering the Mayor, Mr. Simpson explained it is a problem of
potential use of the property since the time the Council made its
previous decision. Another potential use of that property has arisen
and until the final determination is made on the EIR, nothing can be
done on the property. No Council action was taken on this policy.
Councilman Hunter.
Relative to the business license fee, when the Chamber comes back
hopefully that will go up three or four fold and monies from that can
be used for Police 2000.
City Manager Simpson.
If that were to occur, it would appear that the revenue generated
from that would be just enough to support Police 2000. If so, they
would recommend that that money be earmarked for Police 2000. The
issue will be discussed at the meeting of July 19, i988.
Mayor Bay.
Relative to Policy Issue B - That Council declare its policy
regarding City assumption for hazardous waste disposal and inspection
fees related thereto ~Page 27, RAP), he asked if the recommendation
from staff is that the Council either approve or disapprove staff
continuing its studies and to proceed accordingly; City Manager
Simpson confirmed tnat was correct.
MOTION: Councilman Bay moved that the Council is in support of continuing the
study regarding Policy Issue B. Councilman Hunter seconded the motion.
MOTION CARRIED.
Discussion - Policy Issue D - llmt Council declare its policy
regarding funding of transportation improvement projects related to
Vision 2000 efforts (Page 33, RAP).
Gary Johnson City Engineer.
This is the same policy issue as in prior years. There is a
financing study under way which will be brought to the Council in the
fall. It involves a broad range of financing for transportation
improvements. The Council had a discussion today about the potential
ballot measure on bonds to fund transportation improvements to
relieve congestion. Those are the kinds of things staff is looking
for - policies that will lead to solutions. Citizen surveys year
after year list traffic congestion as their greatest concern. It is
the major policy issue in his Department.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
No motion was necessary on the issue. The Council expressed its
continuing support relative to funding of transportation improvements
since it is a number one priority in the City.
Discussion - Policy Issue F - That Council declare its policy
regarding funding liability insurance costs for the Anaheim Senior
Citizens Club, inc (Page 37, RAP).
Chris Jarvi, Director of Parks, Recreation and Community Services.
This is a new issue and one that will be ongoing. He explained that
an incident had occurred at the Senior Citizens' Center whereby the
City and the Club was sued, the Club being a separate corporation.
The suit was eventually dropped but consequently they took a look at
the liability of the Club remaining active and the options are (1)
having their own insurance or (2) having the City use its
self-insured status and cover the Club. The City's Risk Manager was
very much opposed to the City using its self-insured status. The
Club could not continue to operate and pay 316,000 a year for
insurance. The issue is whether or not the City pays the $16,000 or
put the Club out of business. He reported, on Council questioning,
that there are 5,000 members in the Club, the dues are $3.00
(confirmed by Councilwoman Kaywood) which go towards their
activities, the cost to the City to keep the Club operating per year
is approximately $100,000, the concept being that the City opens the
doors to the building and the Club provides the activities, which
they feel is a very good trade-off. The City nas never looked at the
Club paying its own way. Further there is no requirement as to
defining income of the Club Members and the need for the Club to be
subsidized.
Councilman Hunter.
He feels that something should be done about the high deductible
since $16,000 is a very nigh premium to be paying. The cost of
premises liability insurance is not that outrageous.
Councilman Ehrle.
If the members were to pay $6.00 in yearly dues, he assumes they
could then pay for their own insurance; Mr. Jarvi answered yes but
they are saying it would put them out of business. This is one of
the few programs in the City where the participants help as much as
the City or more.
Council discussion followed wherein recommendations were made by
Council Members on now the problem might be solved at the conclusion
of wP_ich Councilman Pickier moved that $16,000 be allocated to pay
for the liability insurance for the Senior Citizens Club for this
year but that the Club be asked to devise a program to raise the
funds in coming years. Councilwoman Kaywood seconded the motion for
the purpose of discussion.
Before action was taken, Councilwoman Kaywood stated most seniors who
are active at the Club live on Social Security. Many are very
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City Hall, AnAheim, California - COUNCIL MINOTES - June 28, 1988, 1:30 P.M.
elderly and to ask them to put on fund-raisers, she is not sure that
would be cost effective. The seniors give many volunteer hours back
to the City. She favors funding the $16,000 now and that the Club
look to adding to their dues to pay for it in the future.
Chris Jarvi.
That has been asked of the Club in the past but not with Council
Policy direction. What he understands is that the Council wants him
to go back and look for more creative ways to find a solution. He
will take the message back and relay the sentiments expressed at this
meeting and come up with something more suitable.
Mayor Bay.
He should inform the Club that the Council is ready to commit to
$10,000 this year but that the Club needs to raise the dues to get
the $6,000 remaining. He suggests that it be set across a 3-year
period with less next year and the year after that.
Councilman Pickler thereupon amended his original motion tbmt the
Council fund $10,000 of the $16,000 cost for liability insurance from
the Council Contingency Fund for this year and that the Senior
Citizens Club find ways to raise the remaining $6,000 balance.
Councilman Bay seconded the motion. MOTION CARRIED.
CH~qGES IN FEE SCHEDULES I - Q AS LISTED ON THE COUNCIL AGENDA:
City Attorney White.
It is appropriate at this time to ask if anyone wishes to speak on
any of the fee schedule changes or any portion of the budget.
Mayor Bay asked if anyone wished to speak; there being no response,
he closed the public hearing.
WAIVER OF READING - RESOLUTIONS AND ORDINANCE: The titles of the following
resolutions and ordinance on the Consent Calendar were read by the City
Manager. (Resolution Nos. 88R-255 through 88R-262, both inclusive and
Ordinance No. 4938)
Councilman Bay moved to waive the reading in full of the ordinance and
resolutions. Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Bay offered Resolution Nos. 88K-255 through 88R-262, both
inclusive, for adoption. Refer to Resolution Book.
RESOLUTION NO. 88R-255: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHE~.I ESTABLISHING FEES TO BE CHARGED FOR CERTAIN SERVICES PROVIDED BY THE
ANAHE~ POLICE DEPARTMENT.
RESOLUTION NO. 88R-256: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING FEES TO BE CHARGED BY THE PUBLIC WORKS-~GINEERING
DEPARTMENT OF THE CITY OF ANAHEIM.
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City Hall, Anaheim, California - COUNCIL M3~NUTES - June 28, 198~, 1:30 P.M.
RESOLUTION NO. 88R-257: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A REVISED SCHEDULE OF TRAFFIC SIGNAL FEES.
RESOLUTION NO. 88R-258: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REVISING CERTAIN POLICIES AND FEES TO BE CHARGED FOR CITY-WIDE PARK
AND RECREATION PROGR~2~S AND SERVICES AND ESTABLISHING JULY 1, 1988 AS THE
EFFECTIVE DATE THEREOF.
RESOLUTION NO. 88R-259: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHELM ESTABLISHING RAYES TO BE CHARGED FOR RENTAL AND FOR CERTAIN LABOR,
EQUIPMENT AND SERVICES AT ANAHEIM STADIUM.
RESOLUTION NO. 88R-260: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING THE GREEN FEES AND CART RENTAL FEES TO BE CHAR~ED AT THE
H. G. "DAD" MILLER ANAHEIM MUNICIPAL GOLF COURSE AND THE ANAHEIM HILLS GOLF
COURSE.
RESOLUTION NO. 88R-261: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADJUSTING DEVELOPI~NT FEES ESTABLISHED PURSUANT TO CHAPTER 17.30 OF
THE ANAHE~! MUNICIPAL CODE (INTERIM DEVELOPMENT FEES - ANAHEIM STADIUM
BUSINESS CENTER).
RESOLUTION NO. 88R-262: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING AND MODIFYING FEES FOR PLANNING, ZONING AND LAND USE
PETITIONS, PEFd~ITS, APPROVALS AND APPEALS.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Ehrie,
NOES: COUNCIL MEMBERS: None
ABS~T: COUNCIL MF~BERS: None
Hunter, Kaywood, Pickler and Bay
The l{ayor declared Resolution No. 88R-255 through 88R-262, both inclusive,
duly passed and adopted.
Councilman Bay offered Ordinance No. 4938 for adoption, establishing fines and
forfeitures of bail for violations of AMC Chapter 14.32 (parking). Refer to
Ordinance Book.
ORDINANCE NO. 4938: AN ORDINANCE OF THE CITY OF ANAHEIbl ESTABLISHING THE
AMOUNT OF THE PENALTIES FOR ANAHEIM MUNICIPAL COOE VEHICULAR PARKING
VIOLATIONS AND DECLARING THE URGENCY THEREOF.
The Ordinance was read in full by the City Clerk.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCILMEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Ordinance No. 4938 duly passed and adopted.
687
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
Councilman Bay offered Ordinance No. 4939 for first reading.
ORDINANCE NO. 4939: AN ORDINANCE OF THE CITY OF ANAHEIM ESTABLISHING THE
AMOUNT OF THE PENALTIES FOK ANAHEIM MUNICIPAL CODE VEHICULAR PARIIING
VIOLATIONS.
Councilman Bay moved to recess to Closed Session. Councilman Pickler seconded
the motion.
City Attorney White announced that the purpose of the Closed Session is to
discuss potential litigation.
A vote was then taken on the foregoing motion. MOTION CAkKIED. (~:07 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (8:20 p.m.)
COMPkNSATION/CLASSIFICATION CHANGES - ITEMS R THROUGH Z, a - b AS LISTED ON
THE COUNCIL AGENDA:
Mayor Bay.
The remaining resolutions to be considered with the exception of the
Annual Executive Physical Program are a repeat for the different
sections of management compensation. Initially what needs to be
resolved are the merit pool questions across the different management
classes.
Councilman Bay thereupon moved that the salary structure be advanced
to 5.5% as recommended by the consultant and that the merit pool be
established at 6%.
Before action was taken, Mayor Bay stated that the consultant
recommended that the merit pool be established at 6.5% but he
clarified that his motion is 6%. He believes that 9% is what was
already built into the budget. If it is 6.5%, they will have to come
up with another $75,000 across the budget that is not there plus the
fact that the consumer price index for the past year was generally
lower than the raises involved or as far as this raise is involved.
Councilwoman Kaywood.
One reason that was done was because of the severe crunch. It was to
start to get it out of that position. She will amend the motion to
make the merit pool 6.5% as recommended.
Bob Simpson, City Manager, answering Councilman Pickler explained the
additional .5% is to address some of the issues of compaction as
discussed in the past. The 5.5% is fair - the 1% (to 6.5%) is to
help solve the problem of compaction.
Gary McRae, Human Resources Director.
The 5.5% includes 1% to move the standards to address the issues of
loss of structure over a long period of time. The additional 1% in
688
215
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
the salary pool is to be the low "compa" for people who, because of
the way the system has been designed have been unable to move toward
the midpoint from the lower part and there are many of those
individuals. It takes more people to drive a pay-for performance
plan than the structure movement provides for. The consultant
provided an additional 1% above the CPI to address the compaction
which has been affected over a long period of time.
Councilman Hunter.
The Mayor stated that additional .5% amounted to $75,000.
if that is spread over the whole pool.
He asked
Gary McRae.
It is about a $975,000 in wages only issue. Six percent of that is
budgeted or was spread through the budget system to all the
departments. His recommendation was that the money budgeted be a
departmental responsibility. He does not know where the $75,000
would come from. If the pool is approved, they would not adjust the
budget. He does not know what the plans are.
Ron Rothschild, Program Development & Audit.
Mr. McRae is correct. The additional .5% has not been budgeted.
That would fall as a responsibility, since it is distributed to all
departments, to several different funds. A fair amount would be
borne by the Utilities Operations as well as Stadium and Convention
Center. The bulk would fail to the General Fund. Their
recommendation would be that it fall upon each department to find
that money within the given budget they have by making internal
adjustments, salary savings due to vacancies, etc.
Councilman Hunter seconded the amended motion by Councilwoman Kaywood
amended as follows: That the salary structure be advanced to 5.5% as
recommended by the consultant and that the merit pool be established
at 6.5%, also as recommended by the consultant. Councilman Bay voted
no. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-263)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARKIED.
Councilman Pickler offered Resolution No. 88R-263 for adoption. Refer to
Resolution Book.
RESOLOTION NO. 88R-263: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING THE MANAGEMENT PAY PLAN BY ESTABLISHING RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT AND
SUPERSEDING RESOLUTION NO. 87R-362 AND AMENDMENTS THERETO.
Roll Call Vote:
689
216
City }~11, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL M~4BERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood and Pickler
Bay
None
'fhe Mayor declared Resolution No. 88R-263 duly passed and adopted.
MOTION: Councilman Bay moved to increase the amount of the Annual Executive
Physical program from $350 to $450 per year. Councilman Hunter seconded the
motion. MOTION CARRIED.
WAIVAR OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution Nos. 88R-264 through 88R-269, both
inclusive)
Councilman Bay moved to waive the reading in full of the resolution.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 88R-264 through 88R-269, both
inclusive, for adoption. Refer to Resolution Book.
RESOLUTION NO. 88R-2~4: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING THE MANAG~4ENT pay PLAN BY ESTABLISHING RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE M~qAG~4ENT AND
SUPERSEDING RESOLUTION NO. 87K-363 AND ~,~NDMENTS THERETO.
RESOLUTION NO. 88R-265: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHiNG THE ~L4NAGEMENT PAY PLAN BY ESTABLISHING RATES OF
COMP~iNSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUP~/{VISOKY
AND SUPERSEDING RESOLUTION NO. 87R-364 AND AMENDMENTS THERETO.
RESOLUTION NO. 88R-266: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHiNG THE MANAGEMENT PAY PI2U~ BY ESTABLISHING RATES OF
COMP~NSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL AND TECHNICAL
MANAGEMENT AND SUPERSEDING RESOLUTION NO. 87R-365 AND AME/~DMENTS THERETO.
RESOLUTION NO. 88R-267: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING THE MANAGEMENT PAY PLAN BY ESTABLISHING RATES OF
COMPenSATION FOR CLASSIFICATIONS DESIGNATED AS CONFIDENTIAL MIDDLE
MANAGEMENT/SUPERVISORY.
RESOLUTION NO. 88R-268: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHE~4 ESTABLISHING THE MA/~AGEMENT PAY PI~ BY ESTABLISHING RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS CONFID~qTIAL PROFESSIONAL AND
TECHNICAL MANAGEMENT.
RESOLUTION NO. 88K-269: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING THE MANAGEMENT PAY PLAN BY ESTABLISHING RATES OF
COMPENSATION FOR CLASSIFICATIONS IN THE POLICE LIEUTENANT UNIT.
Roll Call Vote on Resolution Nos. 88R-264 through 88R-269:
690
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
AYES:
NOES:
AB SENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood and Pickler
Bay
None
The Mayor declared Resolution Nos. 88R-264 through 88R-269, both inclusive,
duly passed and adopted.
WAIV~A~OF READING -RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (Resolution Nos. 88R-270, 88R-271 and 88R-272)
Councilman Bay moved to waive the reading in full of the resolutions.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Bay offered Resolution Nos. 88R-270, 88R-271 and 88R-272 for
adoption. Refer to Resolution Book.
RESOLUTION NO. 88K-270: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM WHICH ESTABLISHES RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE
GEN~AL CITY EMPLOYEES UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION.
RESOLUTION NO. 88R-271: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM WHICH ESTABLISHES RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE
CLERICAL F~IPLOYEES UNIT REPRESENTED BY THE ANAHEIM ~NICIPAL EMPLOYEES
ASSOCIATION.
RESOLUTION NO. 88R-272: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM RESOLUTION NO. 87R-512 WHICH ESTABLISHED RATES OF COMPENSATION FOR
CONFIDENTIAL JOB CLASSES.
Roll Call Vote on Resolution Nos. 88R-270, 88R-27i and 88R-272:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL M~Bf~tS:
~hrle, Hunter, Kaywood, Pickler and Bay
None
None
The Mayor declared Resolution Nos. 88R-270, 88R-271 and 88R-272 duly passed
and adopted.
MOTION: Councilwoman Kaywood moved to approve the recommendation of the
Public Utilities Board relating to adoption of the Public Utilities portion of
the 1988/89 Resource Allocation Plan, as recommended in memorandum dated
June 7, 1988 from the Secretary of the Public Utilities Board. Councilman
Pickler seconded the motion. MOTION CARRIED.
106: ADOPTION OF THE 1988/89 RESOURCE ALLOCATION PLAN: Councilman Pickler
moved to adopt the i988/89 Resource Allocation Plan as amended totalling
$458,645,583. Councilman Ehrle seconded the motion.
Before a vote was taken, Mayor Bay stated that other than his differences
relative to the merit pool adjustments and the inclusion of Council Members in
increased car allowances, he can vote in support of the 1988/89 budget.
691
214
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1988, 1:30 P.M.
A vote was then taken on the foregoing motion. MOTION CARRIED UNANIMOUSLY.
ADJOURN%lENT: Councilman Pickler moved to adjourn. Councilman Hunter seconded
the motion. MOTION CARRIED. (8:40 p.m.)
A quorum is not anticipated for the Council meeting of July 5, 1988.
LEONOKA N. SOHL, CITY C]JF.R~
692