1988/04/26Cit7 Hall, Anaheim, California - COUNCIL MINUTES - April 26, 1988, 1:30 P.M.
The City Council of the City of Anaheim met in adjourned regular
session.
The Mayor called the adjourned regular meeting of April 19, 1988 to order at
10:00 a.m. on April 26, 1988.
PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay
ABSENT: COUNCIL MEMBERS: Pickler
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR: Joel Fick
SENIOR PLANNER: Greg Hastings
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer withits attorneys regarding pending litigation
pursuant to Government Code Section 54956.9(a), to wit: Golden West
Baseball Co. vs. City of Anaheim, Orange County Superior Court Case
No. 40-92-46; City of Anaheim vs. Anaheim Hotel Partnership,
O.C.S.C.C. No. 46-96-59; Sanchez vs. City of Anaheim, 0.C.S.C.C.
No. 53-57-90.
b. To discuss labor relations matters - Government Code Section
54957.6
c. To discuss personnel matters - Government Code Section 54957.
d. To confer with its Attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. To consider such other matters as are orally announced by the
City Attorney, City Manager or City Council prior to such recess
unless the motion to recess indicates any of the matters will not be
considered in closed session.
Councilman Bay moved to recess into Closed Session.
seconded the motion. Councilman Pickler was absent.
(10:05 a.m.)
Councilman Hunter
MOTIQN CAmUED.
AFTER RECESS: Mayor Bay moved to adjourn the meeting of April 19, 1988.
Councilman Hunter seconded the motion. Councilman Pickler was absent.
MOTION CARRIED. (1:35 p.m.)
Mayor Bay called the meeting to order, all Council Members being present with
the exception of Councilman Pickler, and welcomed those in attendance to the'
Council meeting. (1:39 p.m.).
438
City F~!l, A~aheim, California - COUNCIL MINUTES - April 26~ 1988, 1:30 P.M.
INVOCATION: Father John Lenihan, St. Boniface Church, gave the Invocation.
FLAG SALUTE: Mayor Ben Bay led the assembly in the Pledge of Allegiance to
the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay and
authorized by the City Council:
Volunteer Recognition Month in Anaheim,
Just Say No Week in Anaheim, May 8-14, 1988,
Law Day in Anaheim, May 1, 1988,
Doris Ghee~Amadeo Ramirez accepted the Volunteer Recognition Month
proclamation and Attorney Richard Petherbridge accepted the Law Day in Anaheim
proclamation.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
umanmiously adopted by the City uouncil and presented to Bob Andregg,
recognizing the Live on Stage Organization, an organization committed to
supporting the March of Dimes who are holding a benefit performance at Cook
Auditorium in AnaheimApril 29 and 30, 1988 (13 of the cast of 70 are
handicapped).
Mayor Bay and Council Members personally thanked Mr. Andregg, one of the
performers for the wonderful work done by his organization.
119: PRESENTATION - CINC0 DE MAYO QUEEN: Mr. John Kelly, Chairman of the
Cinco de Mayo Fiesta Committee first thanked the Council and the City for
their support of the fiesta in this and past years. He then introduced the
1988 Cinco De Mayo Queen, Mariella Arguello.
Mayor Bay and Council Members congratulated Miss Arguello for winning the
coveted title. The Mayor then presented her with roses as a token of
recognition.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINA/{'CIALDEMANDS AGAJ_NST THE CITY in the amount of $2,994,161.82, 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-165
through 88R-170)
Councilwoman Kaywood moved to waive the reading in full of the resolutions.
Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION
CARILIED.
CITY MANAGER/DEPAR-TMENTAL CONSENT CAT.F. NDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Ehrle, the following items were approved in
439
City Hall, Anaheim, California - COUNCIL MINUTES - April 26~ 1988~ 1:30 P.M.
accordance with,the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 88R-165 through 88R-170, both 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 Julie McDonald for property damage sustained
purportedly due to actions of the City on or about January 21, 1988.
b. Claim submitted by Cynthia Campfield for property damage sustained
purportedly due to actions of the City on or about February 3, 1988.
c. Claim submitted by William Sturm for property damage sustained
purportedly due to actions of the City on or about January 26, 1988.
d. Claim submitted by Gale Snyder for property damage sustained
purportedly due to actions of the City on or about January 19, 1988.
e. Claim submitted by Felicia Ann Araiza for property d--mge and bodily
injury sustained purportedly due to actions of the City on or about
December 2, 1987.
f. Claim submitted by Mr. & Mrs. Tsarnas for property damage sustained
purportedly due to actions of the City on or about February 17, 1988.
g. Claim submitted by Kevin Ramsey for bodily injury sustained
purportedly due to actions of the City on or about November 10, 1987.
h. Claim submitted by David Goetz for bodily injury sustained
purportedly due to actions of the City on or about February 29, 1988.
i. Claim submitted by Loretta Goetz for bodily injury sustained
purportedly due to actions of the City on or about February 29, 1988.
Application for Leave to Present Late Claim - Recommended to be
denied:
j. Claim submitted by Southern Pacific Transportation Company for
property damage sustained purportedly due to actions of the City on or about
July 30, 1987.
A2. 105: Receiving and filing minutes of the Senior Citizens Commission
meeting held March 10, 1988.
A3. 105: Receiving and filing minutes of the Community Services Board
meeting held March 10, 1988.
440
9O
City Hall, Anaheim, California - COUNCIL MINUTES - April 26, 1988, 1:30 P.M.
A4. 107: Receiving and filing the Building Division Statistical Report for
the month ending March 31, 1988.
AS. 175: Receiving and filing a copy of the Southern California Public Power
Authority Report and Financial Statements for the year ended June 30, 1987,
prepared by Price Waterhouse.
A6. 177.174: Approving the submission of an application for participation in
Round V of the Rental Rehabilitation Grant Program, which is structured to
provide rental rehabilitation grants to help support the rehabilitation of
privately owned real property. Authorizing the Mayor to sign the necessary
cover documents and certifications, and transmit the application to the
Department of Housing and Urban Development.
A7. 123: Approving an affordable housing agreement with B.W. Watters,
Marcella V. Watters, and Rondal J. Martin, for a total of 32 affordable units
out of the 80 developed on property located at 2222 West Colchester Drige and
835 South Brookhurst Street.
A8. 164: Accepting the Notice of Completion for the construction of the Vine
Street Storm Drain, completed by Vicco Construction, and authorizing the Mayor
to sign and the City Clerk to file the Notice of Completion.
A9. 101: Accepting the Notice of Completion for the Construction of Stadium
Theme Tower - State College Boulevard at Pacifico Avenue, completed by Signs
West, Inc./Artech Signs, Inc., and authorizing the Mayor to sign and the City
Clerk to file the Notice of Completion.
Al0. 150: Approving Contract Change Order #1 in the amount of $33,060.07 in
favor of Graco Construction Corporation for additional expenses incurred on
the reconstruction of the Pearson Park Grandstand to bring the electrical
service and grandstand steps into conformance with the Building code, and to
complete the roofing and drywall framing requirements.
A3_l. 150: Accepting the Notice of Completion for the construction of Pearson
Park Grandstand and Volleyball Court, completed by Graco Construction
Corporation, and authorizing the Mayor to sign and the City Clerk to file the
Notice of Completion.
Al2. 144: RESOLUTION NO. 88R-165: A RESOLUTION OF THE CIT~ COUNCIL OF THE
CITY OF ANAHELMREQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO
REQUEST THE INCLUSION OF CERTAIN STREETS WITHIN THE ORANGE COUNTY UNIFIED
TRANSPORTATION TRUST FUND AND THE FEDERAL AID URBAN FUND. (Requesting the
Orange County Transportation Comm~ssion to include 8 street improvement
projects within the Orange County Unified Transportation Trust Fund and the
Federal Aid Urban Fund 1988/89 Program)
Ai3. 106/144: Authorizing payment of $5,200 from the City Council_Contingency
Fund to the City of Santa Aha for Anaheim's share of the transportation
video. The video was produced by the City of Santa Ama upon recommendation by
the Orange County Division of the League of California Cities Transportation
Super Committee and distributed to each City in Orange County.
441
City ~ll, Anaheim, California - COUNCIL MINUTES - April 26, 1988, 1:30 P.M.
Al4. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $42,173.16 for six (6)
each PMH-11 Sectionalizing Switches with fused Lateral Taps, in accordance
with Bid Proposal #A-4563.
Al5. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $88,419.90 for eighty
(80) Conventional Transformers, in accordance with Bid proposal #A-4567.
Al6. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $81,143 for one (1)
each 2500 Gallon Combination Flusher/Water Truck, in accordance with Bid
Proposal #A-4387.
Al7. 160: Accepting the bid of Southern California Air Conditioning in the
amount of $14,745 for six (6) air conditioning and heating systems for
projects consisting of three jobs at Anaheim Stadium in accordance with Bid
Proposal #4583.
Al8. 160: Accepting the low bid of McMahan Desk' Inc., in'the amount of
$13,862.25 (including installation) for Modular Acoustical Panels/Workstations
per Bid Proposal #A-4577.
Al9. 160: Accepting the bid of Advanced Office Concepts in the amount of
$32,920.42 (including installation) for Automated Shelving Units to be
installed in the Police Department, Property Division, in accordance with Bid
Proposal #4578.
A20. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $133,827.12 for
sixty-nine (69) Single Phase Subsurface Transformers in accordance with Bid
Proposal #A-4565.
A21. 123: Waiving Council Policy 306 and authorizing the execution of a
contract, without competitive bidding, to Bonafide Security Services, in an
amount not to exceed $90,000 for Parking Enforcement/Street Sweeping Program
for a period estimated to be three (3) months beginning May 1, 1988.
A22. 123: Authorizing the execution o£ a First Amendment to the Agreement
with Montgomery Elevator Company to extend the expiration date for one year to
March 31, 1989, and allow an increase of the monthly cost from ~l,100/month to
$1,132/month or 2.8% to cover increased labor and material costs for
maintenance services on three Civic Center elevators.
A23. 178/106/136: Authorizing the Finance Department to increase their
1987/88 appropriation in an amount equal to the amount being received from
Western Medical Center for reimbursement of costs incurred by the City in
assisting to.refinance their debt (Account No. 01-152-3949 AMH).. The .
appropriationwill be used for the cost of microfilming records (Account
No. 01-152-6668).
442
City Hall, Anaheim, California - COUNCIL MINUTES - April 26~ 1988~ 1:30 P.M.
A24. 124: Approving an agreement employing Jones Hall Hill & White as bond
counsel regarding the sale of the Anaheim Parking Refunding Issue of
approximately $59,920,000 for the purpose of refinancing parking facilities in
the vicinity of Anaheim Convention Center, and authorizing the Mayor to sign
said agreement.
124: Approving an agreement employing Ritchie and Rediker as disclosure
counsel regarding the sale of the Anaheim Parking Refunding Issue, and
authorizing the Mayor to sign said agreement.
124: Approving an agreement employing Seidler-Fitzgerald Public Finance as
financial advisor to the City regarding this competitive current refunding
sale, and authorizing the Mayor to sign said agreement.
A25. 153: RESOLUTION NO. 88R-166: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIMADOPTING PERSONNEL RULES APPLICABLE TO EMPLOYEES IN
MANAGEMENT, CONFIDENTIAL AND NON-REPRESENTED PART-TIME CLASSIFICATIONS.
(Adopting the amended Personnel Rules covering Management, Confidential and
Non-Represented Part-Time employees, effective April 29, 1988, to ensure all
employees are being treated equitably with consistent application of the -
rules, and adding the nOn-represented part-time employees to the groups
covered by these rules) -
A26. 175.123: Approving a letter agreement employing Mudge Rose Guthrie
Alexander & Ferdon and Rourke & Woodruff as Co-Bond Counsel regarding the
proposed financing of the Combustion Turbine project, and authorizing the
Mayor to sign said agreement.
A27. 128/113: RESOLUTION NO. 88R-167: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO
YEARS OLD. (Authorizing the destruction of certain records more than two
years old in the Program Development and Audit Department)
A28. 159/113: RESOLUTION NO. 88R-168: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE
THAN TWO YEARS OLD. (Authorizing the destruction of file copies of certain
parking citations more than two years old in the Department of Maintenance)
A29. 158: RESOLUTION NO. 88R-169: 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 THEREIN.
A30. 158: RESOLUTION NO. 88R-170: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DEDICATING CERTAIN CITY-OWNED PROPERTY IN THE CITY OFANAHEIM
FOR PUBLIC PURPOSES.
Roll Call Vote on Resolution Nos. 88R-165 through 88R-170:
AYES: COUNCIL MEMBERS: EArle, Hunter, Kaywood and Bay
NOES: COUNCLLMEMBERS: None
ABSENT: COUNCILMEMBERS: Pickler
443
Ct. ty F~ll, Anaheim, California - COUNCIL MINUTES -April 26, 1988, 1:30 P.M.
The Mayor declared Resolution Nos. 88R-165 through 88R-170, both inclusive,
duly passed and adopted.
End of Consent Calendar. Councilman Pickler was absent. MOTIONS CARRIED.
101: RATIFYING ELECTION -ANAHEIM STADIUM INC. BOARD OF DIRECTORS:
Councilwoman Kaywood moved to ratify the election of Mr. William Heiden and
Mr. Robert Barton to the Anaheim Stadium, Inc. Board of Directors at the
Board's meeting held April 12, 1988, replacing the vacancies left by Rodney
"Bud" Coulson and Burr Williams respectively. Councilman Bay seconded the
motion. Councilman Pickler was absent. MOTION CARJLIED.
105: SELECTION OF HOUSING COMMISSIONER: To replace the position currently
vacant (Siegel, term expiring June 30, 1989) of Tenant Housing Commissioner.
Councilman Bay moved to continue the selection of the the Tenant Housing
Comm~ssioner for two weeks for full Council action. Councilman Hunter
seconded the motion. Councilman Pickler was absent. MOTION CARRIED.
179/114: DISCUSSION - CONDOMINIUMS VS. APARTMENTS: Request from Mayor Pro
Tem Pickler to discuss possible incentives encouraging more condominiums vs.
apartments in the City of Anaheim, as discussed at the meeting April 19, 1988.
City Clerk, Leonora Sohl, confirmed that the subject discussion is rescheduled
as a Joint Workshop with the City Planning Commission to be held on Tuesday,
May 10, 1988 at 10:00 a.m. in the Council Chambers.
IT~4S OF PUBLIC INTEREST:
Dann Dunkin. He is a Veteran Police Officer having served under Joseph T.
Molloy in the City of Alhambra for four years. He is speaking today regarding
the City's selection of Joseph Molloy as Anaheim's next Police Chief. Two
weeks ago he submitted confidential information regarding mismanagement, abuse
of authority and criminal misconduct which he has witnessed under Mr. Molloy's
direction. Important administrative questions must be asked regarding Mr.
Molloy. He then posed such questions and concluded that public trust demands
answers to those questions before appointing any Chief of Police. He will
make himself available at any time to answer any specific questions regarding
the issues he brought forth.
Robert Zemel, 7330 Stonecreek Road, Anaheim, Chairman of the Anaheim Hills
Citizens Coalition. He read his letter dated April 11, 1988 also signed by
representatives of Anaheim HOME, the Anaheim Municipal Employees Association,
AnaheiTM Neighborhood Association, Anaheim Fire Association (a political action
committee), Anaheim PAC and the Anaheim Police Association urging that all
City Council meetings be held in the evenings starting at 6:30 p.m.
Sonja Grewal. She is speaking on behalf of the Executive Committee, Anaheim
Hills Citizens Goalition, 6312 East Santa Ama Canyon Road, .Suite 157,. v
Anaheim. Mrs. Grewal read a prepared statement which she submitted later in
the meeting under the Public Hearing portion of the agenda where five requests
for height waivers were heard. Mrs. Grewal's presentation addressed the issue
of height variance in the scenic corridor. She maintained that the City
444
City Hall, Anaheim, California - COUNCIL MINUTES - April 26, 1988, 1:30 P.M.
Council should not have to sit through five public hearings on height
variances. "Residents should not have to worry that ordinances with clear
intent and guidelines will be stretched to the point of disregard. Uphold the
height restriction - staff and applicants and residents will receive the
correct message, and we once again will trust our City to maintain the beauty
of the hill and canyon area."
James Bonsteel, 1203 North Groten Street, Anaheim. He again addressed the
issue of having time clocks installed in certain City work areas to have an
accurate accounting of employees time. He also urged that certain actions had
taken place falsifying his time sheets.
Marilyn Hauk, Anaheim Municipal Employees Association. She refuted statements
made by Mr. Bonsteel.
WAIVER OF READING - ORDINANCES: The titles of the following ordinances were
read by the City Clerk. (Ordinance Nos. 4924 and 4925)
Councilman Bay moved to waive the reading in full of the ordinances.
Councilma~Ehrle seconded the motion. Councilman Pickler was absent. MOTION
179: ORDINANCE NO. 4924: Councilman Bay offered Ordinance Nos. 4924 and
4925 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4924: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~L~TING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 86-87-12
located at 402, 415 and 419 South Helena Street)
ORDINANCE NO. 4925: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 87-88-19
located at 1660-1664 West Broadway)
Roll Call Vote on Ordinance Nos. 4924 and 4925 :
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCILMEMBERg:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood and Bay
None
Pickler
The Mayor declared Ordinance Nos. 4924 and 4925 duly passed and adopted.
179: ORDINANCE NO. 4926: Councilman Bay offered Ordinance No. 4926 for first
reading.
ORDINANCE NO. 4926: AN ORDINanCE OF THE CITY OF ANAHEIM AMFzNDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUMICIPAL CODE ~L~TING TO ZONING.
(Amending Title 18 to rezone property under Reclassification No. 87-88-41
located at 2045 West Ball Road)
445
Cit~ Hall, Anaheim, C~!ifornia - COUNCIL MINUTES - April 26, 1988, 1:30 P.M.
148: ~AGUE OF CITIES MEETING MAY 12, 1988: Mayor Bay stated that at the May
League of Cities meeting, there are many issues on the agenda on which he will
need to know the Council's position in order to vote that position. There are
several proposed resolutions, elections of representatives to various
committees and other important issues to be decided. He asked that the
Council Members consider what their position is going to be and be prepared to
discuss the matter at the Council meeting of May 10, 1988.
114: SET DISCUSSION FOR CONSIDERATION OF ADDITIONAL NIGHT COUNCIL MEETINGS:
Councilman Hunter moved that a discussion be set for the Council meeting of
May 3, 1988 to consider additional night City Council meetings.
Before action was taken, Mayor Bay noted that a full Council would not be
present at the next meeting; Councilman Ehrle stated he would normally second
the motion but is concerned that a full Council would not be present for such
a discussion next week.
The foregoing motion died for lack of a second.
]LECESS: Councilman Bay moved to recess to public hearing time at 3:00 p.m.
Councilman Ehrle seconded the motion. Councilman Pickler was absent.
MOTION CARRIED. (2:44 p.m.) ~
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Councilman Pickler. (3:05 p.m.)
179: PUBLIC NF. A1LING - VARIANCE NO. 3761 - CATEGORICALLY EXEMPT, CLASS 3:
APPLICANT:
Owners:
Harold Abedor and Joan Dean Abedor
2114 Spring Oak,
Yorba Linda, California 92686
LOCATION/REQUEST: The property is located at 7485 Hummingbird Circle. The
variance request is for a waiver of maximum structural height to construct a
40-foot high, single-family residence.
ZONING ADMINISTRATOR ACTION: The Zoning Administrator approved the Variance
request at the meeting of March 10, 1988, Decision No. ZA88-09 (Decision Date:
March 17, 1988); determined that the project is categorically exempt from the
requirement to prepare an EIR.
HEARING SET ON:
A review of the Zoning Administrator's decision was requested by Councilwoman
Kaywood at the Council meeting of March 29, 1988, and public hearing scheduled
this date.
PUBLIC NOTICEILEQUIREM~2qTS _MET BY:
Publicatiom in Anaheim Buller~April 14, 1988.
Posting of property April 15, 1988.
Mailing to property owners within 300 feet - April 15, 1988.
446
84
City Hall, Anaheim, California - COUNCIL MINUTES - April 26~ 1988~ 1:30 P.M.
STAFF INPUT:
See Staff Report to the Zoning Administrator dated March 10, 1988.
APPLICANT'S
STATEMENT:
Harold Abedor, owner/builder of the subject property.
The Zoning Administrator approved the request because the house
sits on a bluff all by itself and there is nothing in front or
in back of it. The angle of the property is such that it does
not block any views. One of the reasons they are building at 35
(chimney at 40 feet) is to hide an extremely atrocious electric
pole almost 100 feet high off to the side.
PUBLIC DISCUSSION:
IN OPPOSITION:
Sally Smith, 7370 East Kite Drive.
The people in the general area are opposed to any variance of
the height limit which will interfere with'views and contribute
to the demise of the Scenic Corridor. She drafted a petition
and contacted as many of her n~[ghbors as was feasible. She
thereupon submitted the petition signed by approximately 37
people expressing their opposition to granting the subject
variance and~asking that the Council deny this and all other
requests to deviate from the 25-foot height limit established
and permitted in the Scenic Corridor (made a part of the record).
Pat Quackenbush, 7390 Singingwood Drive.
The house will affect their view. As a Member of the Anaheim
Hills Citizens Coalition, there are other people in her tract
also opposed to the subject request: Harold Wasson, 7380 East
Singingwood Drive, Robin and Dick Rodevold at 7378 Singingwood
Drive, Mary Herman, 7321 Night Hawk. She gave their reasons for
opposition. She also submitted letter dated April 25, 1988 from
Harold and June Ball Bickford (made a part of the record)
expressing their opposition to the variance request.
Everett Steven, 7325 Nightingale Circle.
He lives east of the site. In visiting the site where Fairmont
and Canyon Rim come together, the property is at least 50 feet
higher than that intersection already. If the house is built at
40 feet, it will block part of his view. He also opposes
changing limits that have been set.
Dave Martin, Canyon View Estates, spokesman for the Homeowners
Association consisting of 17 existing homes. They wish to voice
their concern and opposition to approval of the variance
request. Their primary objective is to preserve the overall
openness of the area and to identify ways in which they can help
the.Abedors to .build their home and still maintain the
structural balance that exists in the area. The home represents
a 60% increase in height to the existing homes in the area.
This will intrude into views which are enjoyed by others which
they felt was guaranteed by the 25-foot ordinance. He offered
recommendations for redesign of the house.
447
City Ra~ll, An~heim, C~!ffornia - COUNCIL MINUTES - April 26, 1988, 1:30 P.M.
Sonj. a Grewal, on behalf of the Executive Commfttee of the
Anaheim Hills Citizens Coalition.
They are concerned over many of the height waivers in the Scenic
Corridor and feel that they should be granted only in genuine
circumstances and genuine hardships related to the land. The
ordinance itself is an architechural restriction. To use an
architectural demand to negate the ordinance makes no sense. It
is to protect the integrity of their homes and let development
blend in and not overpower. (She submitted a 3-Page document
outlining in detail theconcerns of the committee relative to
granting of height variances and why they should be denied -
made a part of the record).
SUMMATION BY APPLICANT: Harold Abedor.
The house is completely freestanding and is far enough away so
as not to hinder anyone. He is certain the Zoning Administrator
took that into consideration before giving approval. As far as
blocking mountain views, there are no mountain views in front of
them, just a valley. Th~ furthest house in back is almost 1,100
feet away. The house will be 'situated where the other house
will look right over the top. They are hoping to improve the
area because the property is an eyesore at present. It is very
difficult to redesign a custom home. It will contribute a lot
to the landscape rather than hurt it. It is a structure that
will enhance the neighborhood.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood.
She set the hearings because of her concern with all of the
height variances that are coming in. She is concerned that the
homes to the east will be impacted by this proposed house. She
is going to adhere to the 25-foot height unless there is a very
good reason to grant the request.
Councilman Ehrle.
He first po~ed qu~tion~ to the Planning Director relative to
the General Plan for the Anaheim F/ils area, when it was adopted
and whether or not at the time the majority of the homes being
built were custom or tract homes. He also noted that chimneys
in tract homes are 2 or 3 feet above the roof line or the_ridge
line of the house and not considered part of the 25 feet.
Joel Fick, Planning Director.
The general section of the Zoning Code exempts chimneys from all
portions of tha City except-~theScenic Corridor. .Zhe. Scenic
Corridor height limitation is a maximum 25 feet. It actually
lowers the building height to accommodate the building
requirements that the chimney be higher. He also confirmed that
in limiting the chimney to 25 feet, the house is limited to 23
448.
City Hall, Anaheim, California - COUNCIL MINUTES - April 26, 1988, 1:30 P.M.
feet and the same would be true on the detached homes approved
on the large ranches.
Councilman Ehrle.
He sees a conflict. The Council wants to encourage custom home
lots and estate sized lots. Perhaps it is time for the Council
to review those standards because there will be more coming
before them and when they do come the Council should not be in a
position of redesigning those houses. He also has a concern
with overruling the Zoning Administrator in her decisions. He
has a strong feeling about custom homes and tract homes. People
should have the right to build their dream home but not to
intrude on the neighbors. The issue is intrusion, if there is
none in this case he will rule in favor of the Zoning
Administrator's decision.
Councilwoman Kaywood.
She is opposed to approval of the request. She was the
Vice-Chairman of the Task Force that met for 2 and 1/2 years
with the residents,-developers~ builders, Planning Commission-
and Council in determining what the General Plan for the Hill
and Canyon area should be. At no point was there a mention of
the difference between tract homes and custom homes because it
did not apply. Peralta Hills is a minimum one acre lot and they
are all custom homes built to the 25-foot height as with Mohler
Drive.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Hunter, seconded by Councilman Bay, the City Council determined that the
proposed activity falls within the definition of Section 3.01, Class 3, of the
City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirement to file an
EIR. Councilman Pickler was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-171)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Bay seconded the motion. Councilman Pickler was' absent.
MOTION CARRIED.
Councilman Hunter offered Resolution No. 88R-171 for adoption, granting
Variance No. 3761, upholding the findings of the Zoning Administrator.
RESOLUTION NO. 88R-171: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3761.
Before a vote was taken, Councilman Hunter stated that all of
the hearings today were set for a public hearing at major
449
City Hall, Anaheim, California - COUNCIL MINUTES - April 26~ 1988, 1:30 P.M.
expense to the taxpayers whereas they were all previously
approved by the Zoning Administrator. If the Council wishes to
direct different policy to the Administrator then they ought to
do that, but not pull every height variance and set it for a
public hearing.
Councilwoman Kaywood.
Setting items for a public hearing is a responsibility of the
City Council, not just to approve items because somebody else
has approved them.
Roll Call Vote on Resolution No. 88R-171:
AYES: COUNCLLMEMBERS: Ehrle, Hunter and Bay
NOES: COUNCILMEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Pickler
The Mayor declared Resolution No. 88R-171 duly passed and adopted.
179: PUBLIC HEARING - VARIANCE NO. 3762 - CATEGORICAT.T~ EXEMPT, CLASS 3:
APPLICANT:
Ow11ers:
Oscar F. Martin and Barbara J. Martin
6949 Avenida De Santiago,
Anaheim, California 92807
LOCATION/REQUEST: The property is located at 1160 East Tamarisk Drive. The
requested variance is.for a waiver of maximum structural height to construct a
30-foot, 6-inch high, single-family residence.
ZONING ADMINISTRATOR ACTION: Variance No. 3762 was approved by the Zoning
Administrator at the meeting of March 10, 1988, Decision No. ZA88-10 (Decision
Date March 17, 1988); determined that the project is categorically exempt from
the requirement to prepare an ELK.
HEAPING SET ON:
A review of the Zoning Administrator's decision was requested by Councilwoman
Kaywood at the meeting of March 29, 1988, and public hearing scheduled this
date.
PUBLIC NOTICE KEQUIKEMENTS MET BY:
Publication in Anaheim Bulletin April 14, 1988.
Posting of property April 15, 1988.
Mailing to property owners within 300 feet - April 15, 1988.
STAFF INPUT:
See Staff Report to the Zoning Administrator dated March 10, 1988.
APPLICANT'S
STATEMENT:
Barbara Martin, 6949 Avenida De Santiago.
They are building a home at 1160 East Tamarisk and are
requesting a height variance to 30 feet 6 inches which includes
the chimney. The house will not obstruct anyone's view in any
450
8O
City Hall, Anmheim, Cm~tfornia - COUNCIL MINUTES - April 26~ 1988~ 1:30 P.M.
way because they are on the top level of the hill. Everyone
else on the street to her knowledge has requested and been
granted a variance.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood asked if a roof plan and site sections were
submitted as discussed in the staff report.
Greg Hastings, Senior Planner.
His understanding is the plan has not been submitted.
was taken without those.
Action
Oscar Martin, 1160 Tamarisk, ....
The elevations are indicated on the posted plan.
submitted originally in February of this year.
Those were
Joel Fick, Planning Director.
That was represented in the staff report and the comment made
that it would be beneficial to make the determination if there
were view impacts. The Zoning Administrator did personally go
out and view each one of the properties prior to making a
decision. She did a site inspection that addressed the issue.
Oscar Martin.
There are no homes across the street. The lots are
approximately two to four acres. There are no homes at that
level nor could they in anyway obstruct anybody's view and that
is why there are no objections.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Bay, seconded by Councilman Hunter, the City Council determined that the
proposed activity falls within the definition of Section 3.01, Class 3, of the
City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirement to file an
EIR. Councilman Pickler was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-172)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
451
??
City Hall, Anaheim, California - COUNCIL MINUTES - April 26, 1988, 1:30 P.M.
Councilman Bay offered Resolution No. 88R-172 for adoption, granting Variance
No. 3762, in accordance with the findings of the Zoning Administrator. Refer
to Resolution Book.
RESOLUTION NO. 88R-172: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VAKIA]~CE NO. 3762.
Roll Call Vote on Resolution No. 88R-172:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCILMEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood and Bay
None
Pickler
The Mayor declared Resolution No. 88R-172 duly passed and adopted.
179: PUBLIC HEARING - VARIANCE NO. 3763 - CATEGORICALLY EXEMPT, CLASS 3:
APPLICANT:
Owners:
Benjamin Fisher and MarilymR. Fisher
241 Calle De Gama,
Anaheim, California 92807
LOCATION/REQUEST: The property is located at 6900 East Avenida De Santiago.
The requested variance is for waivers of maximum structural height and maximum
fence height to construct a 32-foot high single-f~m~ly residence.
ZONING ADMINISTRATOR ACTION: The Zoning Administrator approved Variance
No. 3763 at the meeting of March 10, 1988, Decision No. ZA88-11 (Decision Date
March 17, 1988); determined that the project is categorically exempt from the
requirement'to prepare an EIR.
HEAR/NG SET ON:
A review of the Zoning Administrator's decision was requested by Councilwoman
Kaywood at the meeting of March 29, 1988 and public hearing scheduled this
date.
PUBLIC NOTICE REQUIREMENTSMET BY:
Publication in Anaheim Bulletin April 14, 1988.
Posting of property April 15, 1988.
Mailing to property owners within 300 feet - April 15, 1988.
STAFF INPUT:
See Staff Report to the Zoning Administrator dated March 10, 1988.
APPLICANT'S
STATEMENT:
Benjamin Fisher, owner and builder.
The reason the Zoning Administrator approved the variance was
two-fold. The lot is not a standard rectangular arrangement but
a more demanding lot making it difficult to build a quality
looking house. There was no opposition by anybody in the area
nor is there now.
452
City Hall, Anaheim, California - COUNCIL MINUTES - April 26, 1988, 1:30 P.M.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood posed questions to staff for purposes of
clarification.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman
Bay, seconded by Councilman Hunter, the City Council determined that the
proposed activity falls within the definition of Section 3.01, Class 3, of the
City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirement to file an
EIR. Councilman Pickler was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-173)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
Councilman Bay offered Resolution No. 88R-173 for adoption, granting Variance
No. 3763, in accordance with the findings of the Zoning Administrator. Refer
to Resolution Book.
RESOLUTION NO. 88R-173: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3763.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay
NOES: COUNCIL ME~EKS: Kaywood
ABSENt: COUNCIL MEMBERS: Pickler
The Mayor declared Resolution No. 88R-173 duly passed and adopted.
179: PUBLIC NEARING - VARIANCE NO. 3764 - CATEGOKICAL!~ EXEMPT, CLASS 3:
APPLICANT: Owners:
Arthur E. 0'Malley and Barbara A. O'Malley
· - 6811 Avenida De Santiago
Anaheim, CA 92807
LOCATION/REQUEST: The property is located 6810 East Avenida De Santiago. The
requested variance is for a waiver of m~imum structural height to construct a
two-story, 31.5 foot high, single-family residence.
453
City N~!l, Anaheim, California - COUNCIL MINUTES - April 26~ 1988~ 1:30 P.M.
ZONING ADMINISTRATOR ACTION: The Zoning Administrator approved Variance
No. 3764 at th~ meeting of March 10, 1988, Decision No. ZA88-12 (Decision Date
March 17, 1988); determined that the project is categorically exempt from the
requirement to prepare an EIR.
HEARING SET ON:
A review of the Zoning Administrator's decision was requested by Councilwoman
Kaywood at the meeting of March 29, 1988, and public hearing scheduled this
date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 14, 1988.
Posting of property April 15, 1988.
Mailing to property owners within 300 feet - April 15, 1988.
STAF~ INPUT:
See Staff Report to the Zoning Administrator dated March 10, 1988.
APPLICANT'S
STATEMENT:
Oscar Martin, representing the 0'Malleys.
He lives on the same street..~_.%here has been a 4 x 6 rendering
of this propoSal on file since January, 1988 which shows all the
elevations. If there were any objections, he is certain someone
would have come forward by now. There is no obstruction to the
neighbors views. The lot is lower than the street and there is
nobody on the side.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood posed questions to staff for purposes of
clarification.'
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXE}~TION: On motion by Councilman
Bay, seconded by Councilman Hunter, the City Council determined that the
proposed activity falls within the definition of Section 3.01, Class 3, of the
City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirement to file an
EIR. Councilman Pickler was absent. MOTION CARRIED.
WAIVER OF READING -RESOLUTION:. The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-174)
Councilman Bay moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
4~4
City Hall, Anaheim, California - COUNCIL MINUTES - April 26, 1988~ 1:30 P.M.
Councilman Bay offered Resolution No. 88R-174 for adoption, granting Variance
No. 3764, in accordance with the findings of the Zoning Administrator. Refer
to Resolution Book.
RESOLUTION NO. 88R-174: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3764.
Roll Call Vote on Resolution No. 88R-174:
AYES:
NOES:
AB SENT:
COUNCIL MEMBERS: Ehrle, Hunter and Bay
COUNCIL MEMBERS: Kaywood
COUNCIL MEMBERS: Pickler
The Mayor declared Resolution No. 88R-174 duly passed and adopted.
179: PUBLIC HEARING - VARIANCE NO. 3770 - CATEGORICALLY EXEMPT, CLASS 1:
APPLICANT: Owners:
Fred Palmieri and Judy A. P~lmieri
110 Strada Place,
....... '~ Anaheim,.Ca~ 92807 ............... - .....
Agent:
Randall Smith, DMS Construction
417 Associated Road,
Suite A-250
Brea, CA 92631
LOCATION/REQUEST: The property is located at 110 South Strada Place. The
requested variance is for a waiver of maximum structural height to construct a
1,332 square-foot, 30.5 foot high room addition to a single family residence.
ZONING ADMINISTR~TOR ACTION: The Zoning Administrator approved the variance
in part, at the meeting of March 24, 1988, Decision No. ZA88-16, (Decision
Date March 31, 1988); determined the property to be categorically exempt from
the requirement to prepare an El/{.
HEAPJ_NG SET ON:
The Zoning Administrator's decision was appealed by Mr. Palmieri and public
hearing set this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in A~heim Bulletin April 14, 1988.
Posting of property April 15, 1988.
Mailing to property owners within 300 feet - April 15, 1988.
STAFF INPUT:
See Staff Report to the Zoning Administrator dated March 24, 1988.
APPLICANT'S
STATEMENT:
Fred Palmieri, 110 South Strada Place.
The plan is to take a plain "L" shaped home and 'give it
character in a setting which includes homes at least 30 to 35
455
City Mall, Anaheim, California - COUNCIL MINUTES - April 26, 1988, 1:30 P.M.
feet in height. A blanket variance was granted at Peralta Hills
East for homes at a 35-foot level. There are homes in his
immediate vicinity 35 feet in height, specifically the home at
140 Cero Vista Way. The Zoning Administrator's decision allows
them to build their addition with a 25-foot height limit except
for a peak entry which could go up to 28 feet 6 inches. He
confered with his architect to see if it was possible to abide
by that decision. Et was determined it would not be feasible
without ending up with a "wierd" looking house. His architect
has worked hard to get something that looks amenable with the
environment of Peralta Hi]Is. They are also approximately 10
feet lower than their neighbors to the south, the only people
who would be affected by the additional height of the back entry
they want to add. There have been no objections from any
immediate neighbors on Strada Place. The people who have
contested are those remote from the area with one exception. He
has a letter from one of the neighbors and two others who were
present to testify on his behalf. He then read a letter dated
April 24, 1988 from Mark and Sue Thompson, 553 Peralta Hills
Drive, in support of the requested variance because they feel it
is reasonable. In concluding, Mr. Palmieri explained that this
was a foreclosed property which they took over and it was in a
total state of neglect. They have taken the home and spent a
great deal of money to make it something that is compatible with
the environment of Peralta Hills. They want to make it one of
the outstanding homes in the area.
Councilman Hunter.
He noted that the Zoning Administrator approved the variance in
part for 28 feet ~nereas Mr. Palmieri is asking for 30 feet 6
inches.
Mr. Palmieri.
The Zoning Administrator wanted them to bring the height of the
second gable down to the height of the existing gable and lower
the height of the entry as well. The architect did renderings
incorporating what the Zoning Administrator suggested and it
looks like a warehouse.
PUBLIC DISCUSSION-
IN OPPOSITION:
Mr. Gene Sluter, S31 Peralta Hills Drive.
He is representing himself and a neighbor who could not be
present, Mr. Frank Liggett. He first read the letter submitted
by Mr. Liggett dated April 25, 1988 (made a part of the record)
asking that the variance be denied, no hardship is involved in
urging the preservation of the character of Peralta Hills.
Speaking for himself,.-Mr. Sluter stated t~athe is concerned
that continually variances are being granted which makes the
height limit the rule rather than the exception. Some semblance
of the rule should be maiHtained so that people will know what
it is and follow it.
456
City Hall, Anaheim, California - COUNCIL MINUTES - April 26~ 1988, 1:30 P.M.
Mayor Bay.
He led the charge to get the Zoning Administrator to look at
such requests from the standpoint of direct interference with
views on height restrictions. The reason for the 25-foot height
restriction was not to impede people's views. What is occurring
is people becoming judges of architectural aesthetics. There
have been variances to the Code since he has been on the
Council. They did not just start. He is going to lean heavily
on the Zoning Administrator who personally visits the site to
determine if a structure is impeding somebody's view.
Roland Krueger, 561 Peralta Hills Drive.
Two of the neighbors were unable to be present today and asked
him to read letters they had prepared. He then read a letter
from Mr. & Mrs. Cain, 141 Cero Vista Way, Anaheim and Harriett
and Rich Hermann, 150 Cerro Vista Way (both made a part of the
record), expressing their opposition to the request and the
reasons why they are opposed. Mr. Krueger also stated his
reasons for opposing the variance as he had done in several
previous hearings where height variances were requested in
Peralta Hills and surrounding areas. It is a unique area and he
is asking that Mr. Palmieri be made to live with the same
development standards the other residents had tO live with over
many years. The Zoning Administrator has compromised some on
the standards that are existing. The residents were willing to
go along ~th the compromise and the applicant has appealed.
They would like to maintain what they have fought for over the
years.
Don Ashley, 101 Strada Place - In Favor.
He lives directly across the street and is also speaking on
behalf of Lois Etchandy. Hers is the only house close to the
Palmieri's that has any possibility of view obstruction.
However, there is no obstruction because of the very tall palm
and eucalyptus trees. Even with the additional height proposed
by the Palmieri's, she will not be able to see the addition from
her area and is not objecting. He applauds the improvements the
Palmieri's have made since the property was in a high state of
disrepair before they purchased it. The additional 2-foot
height they are requesting adds distinction to the house. It
will not cause anybody any harm or problem.
Lucille Krueger - In Opposition.
She was concerned that Mr. Ashley indicated that the opposition
before the Zoning Administrator was merely with regard to
color. Only one person mentioned that as a factor, the rest
were strictly opposed to the height variance. It was opposition
to the height on every variance.th~ came up. .The Zoning
Administrator is not listening and the Council is not listening
to the wishes of the people in the canyon. Lovely homes can be
built without exceeding the height variance.
457
City Hall, Anaheim, California - COUNCIL MINUTES - April 26~ 1988~ 1:30 P.M.
Barry Smith, 7370 East Kite Drive.
As a means of checks and balances, it is the place of the City
Council to reconsider what has been approved and disapproved by
the Zoning Administrator and if necessary to disagree. It is
possible to build a lovely home at 25 feet.
Bob Karari, 529 Peralta Hills Drive - In Favor.
In his neighborhood, he has seen many houses that are close to
35 feet and one is behind his backyard. Not only does it not
obstruct his view, but it adds to the beauty of his neighborhood
just as the subject house will. He is asking that the Council
consider Mr. Palmieri's request in a positive way.
SUMMATION BY APPLICANT:
Fred Palmieri.
The Zoning Administrator recommended that he try to accommodate
most of the roof at the 25-foot height level and she would
excuse the small turret. They have exhausted two or three
different architects in order to abide by that resolution and it
was only then that they decided to appeal. The view from Cerro
Vista is look&nB up 21 feet in the air to his pad. His house is
approximately 80 feet west of Cerro Vista Drive. He fails to
see how anyone looking up 21 feet and 80 feet away will be able
to tell a variance of 3 feet. They are not trying to do
something in the neighborhood that will lower property values.
COUNCIL ACTION:
Mayor Bay closed the public hearing.
Councilwoman Kaywood.
Peralta Hills has been exempt from height variances. They came
into the City with that understanding which has been upheld by
most every Council. Mr. Palmieri bought the property knowing
that the height limitation was 25 feet.
ENVIRONMENTAL IMPACT REPORT - CATEGOKICAL EXEMPTION: On motion by
Councilwoman Kaywood, seconded by Councilman Bay, the City Council determined
that the proposed activity falls within the definition of Section 3.01, Class
1~ of the City of Anaheim guidelines to the requirements for an Environmental
Impact Report and is, therefore~ categorically exempt from the requirement to
file an EIK. Councilman Pickler was absent. MOTION CARRIED.
WAIVER OF READinG -RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-175)
Councilwoman Kaywood moved to waive the reading in full of the resolution.
Councilman Bay seconded the motion. Councilman Pickler was absent.
MOTIONCARRIED. ~
Councilwoman Kaywood offered Resolution No. 88R-175 for adoption, denying
Variance No. 3770. -Refer to Resolution Book.
458
City Mall, Anaheim, California - COUNCIL MINUTES - April 26~ 1988~ 1:30 P.M.
RESOLUTION NO. 88R-175: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHELMDENYING VA/LLANCE NO. 3770.
Before a vote was taken, Mayor Bay asked for clarification that the resolution
is being offered to deny the variance in its entirety, even the partial
variance granted by the Zoning Administrator which means that the petitioner
will have to abide by the 25-foot height limitation; Councilwoman Kaywood
clarified that was correct.
A vote was then taken on the foregoing resolution denying Variance No. 3770 in
total reversing the findings of the Zoning Administrator.
Roll Call Vote on Resolution No. 88R-175:
AYES: COUNCIL MEMBERS: Ehrle, Kaywood and Bay
NOES: COUNCLLMEMBERS: Hunter
ABSENT: COUNCIL MEMBERS: Pickler
The Mayor declared Resolution No. 88R-175 duly PaSSed and adopted.
121: PUBLIC HEARING - TO CONSIDER THE ACQUISITION AND CONDEMNATION OF THE
FOLLOWING REAL PROPERTY FOR THE HARBOR BOULEVARD STREET WIDENING PROJECT:
LOCATIONS: 515 and 519 West Ball road (Northeast Corner of Harbor Boulevard
and Ball Road) Right of Way 4043-1 and Right of Way 4043-2; 501 West Ball Road
(North side of Ball Road, east of Harbor Boulevard) Right of Way 4043-3 and
Right of Way 4043-4A; 333 West Ball Road (North side of Ball Road, east of
Harbor Boulevard) Right of Way 4043-4B and Right of Way 4043-5.
PUBLIC NOTICE REQUIP~EM~S MET BY:
Mailing to property owners within 300 feet - April 5, 1988.
Mayor Bay asked if anyone wished to speak either in favor or in opposition to
the proposed condemnation; there being no response, he closed the public
hearing.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 88R-176)
Councilwoman Kaywood moved to waive the reading in full of %he resolution.
Councilman Bay seconded the'motion- Councilman Pickler was absent.
MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 88R-176 for adoption, finding and
determining the public interest and necessity for acquiring and authorizing
the condemnation of a portion of those certain parcels of real property at the
above locations. Refer to Resolution Book.
RESOLUTION NO. 88R-176: A RESOLUTION 0~' THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETF/{MINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION '0F CERTAIN REAL PROPE~TY. (PAL}~T3J
PROPERTIES, INC., et al. CONDEMNEE).
459
City Hall, Anaheim, California - COUNCIL MINUTES - April 26, 1988, 1:30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCLLMEMBERS:
COUNCIL MF2~BERS:
COUNCIL MEb~ERS:
Ehrle, Hunter, Kaywood and Bay
None
Pickier
The Mayor declared Resolution No. 88R-176 duly passed and adopted.
114: REVIEW OF PROCEDURE FOR SETTING PUBLIC HEARINGS: Councilman Hunter
stated when there is a full Council, he would like to schedule a Council
discussion on whether or not one Council Member can pull informational items
from the agenda and set them for a public hearing. He would like to see
Council more involved in policy. He thereupon moved that there be Council
discussion to consider requiring more than a single Council Member to set a
public hearing on Consent Calendar items. Councilman Ehrle seconded the
motion.
Mayor Bay. He suggested that the matter be on the Council agenda of May 10,
1988 which will be to consider requiring more than a single Council Member to
set a public hearing on Planning Commission and Zoning Administrator Consent
Calendar Items, possibly, a second or possibly three votes.
A brief Council discussion followed on the issue wherein Councilwoman Kaywood
expressed her strong concerns over such a move.
A vote was then taken on the foregoing motion with the discussion to be held
on May 10, 1988 and carried by the following vote:
Roll Call Vote:
AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Pickler
179: REQUEST FOR DATA - HEIGHT VARIANCES: Councilman Ehrle referred to the
number of height variances that have been requested over the past two to three
years. He asked the Planning Director to provide a report covering the past
24 months on the height variances that have come before the Council such as
those that were held today, the blanket variance request for the Peralta Hills
East Development and custom lots. He feels it would be meaningful for the
Council to look at these in terms of where they are going with the General
Plan Amendment for the Hills.
ADJ0~: Councilman Bay moved to adjourn. Councilman Hunter seconded the
motion. Councilman Pickler was absent. MOTION CARRIED. (4:40 p.m.)
LEONORA N. SOHL, CITY CLERK
460