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1988/05/17City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 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 ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti ASSISTANT PLANNER: Lori Duca A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:i0 p.m. on May 13, i988 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the meeting to order at i2:05 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 5495~.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, 0.C.S.C.C. No. 46-96-59. 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 5495~.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. Mayor Bay moved to recess into Closed Session. Councilman Hunter seconded the motion. MOTION CARRIe. (12:05 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:38 p.m.) INVOCATION: Reverend Jim Schibsted, 1st Congregational Church, gave the Invocation. 513 City Hall, A~heim, California - COUNCILMINUTES - May 17, 1988, 1:30 P.M. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Bay an~ authorized by the City Council: Law Enforcement Explorer Weekend in Anaheim, May 20 - 22, 1988, Management Week in Anaheim, June §-li, 1988, Tourism Week in Anaheim, May 22 - 28, 1988, Police Week in Anaheim, May 16 - 20, 1988. Elaine Call accepted the Tourism Week proclamation and Acting Police Chief Martin Mitchell accepted the Police Week proclamation. 119: PRESENTATION - CERTIFICATES OF ACHIEVemENT TO CITY EMPLOYEES: The following employees were presented with Certificates of Achievement issued by the Employee Involvement Program Board of Directors along with monetary awards ranging from $30 to $426: Ron Cramer, Electric Meter Technician/Utilities; Sheri La Roche, Office Specialist/Human Resources; Michael McKernon, Police Officer/Police Department; Barbara Harlow, Senior Office Specialist/Parks; Tim Hide, Equipment Technician Advisor/Fleet Maintenance; Royce Inglis, Par~ Maintenance Worker II; Sharon Mc Camon, Office Specialist/Public Works and Chuck Palisin, Test Technician Supervisor/Utilities. The suggestions submitted will either save the City costs, improve service to the public, or prevent possible hazards. Mayor Bay and Council Members congratulated each employee present for their contributions. MINOTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held April 12 and April 19, 1988. Councilman Ehrle seconded the motion. MOTION CARRIED. FINA/~CIAL DEMANDS AGAINST THE CITY in the amount of ~3,043,826.51, 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-199 through 88R-201) Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Bay seconded the motion. MOTION CARRIED. CITY MANAGER/DEPAKTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 88R-199 through 88R-201, both inclusive, for adoption. Refer to Resolution Book. 514 -- City Hall, Anaheim, California - COUNCIL MINUTES - May 17~ 1988, 1:30 P.M. 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 Herman Winfrey for property damage sustained purportedly due to actions of the City on or about February 16, i988. b. Claim submitted by Coast United Advertising for indemnity for damages sustained purportedly due to actions of the City on or about August l, 1987. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held April 21, 1988. A3. 155: Negative Declaration pursuant to CEqA findings for the street widening and median modification for the northeast corner of Ball Road and Harbor Boulevard was continued due to advertising requirements, to this meeting and was approved this date. A4. 150: Awarding the contract to the lowest and best responsible bidder, VSE Electrical Contractors of Placentia, California, in the amount of $144,675 for Pearson Park Security Lighting Improvements. AS. 150: Accepting the Notice of Completion for the construction of Little Peoples Park Improvements, completed by Goodman & Peloquin, Inc., and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. A6. 150: Accepting the Notice of Completion for the construction of Play Equipment at Brookhurst, Rio Vista, Pearson and Chapparal Parks, completed by Hondo Company, Inc., and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. A7. 172: Setting the date and time for a public hearing for street closure (by decorative iron fence) on Kensington Avenue between Temple Street and Partridge Street as May 31, 1988, at 3:00 p.m. AS. 123: Approvin8 the cooperative construction and maintenance agreement with the City of Fullerton for the future traffic signal to be located at Lemon and Orangefair, at a cost to the City of 33-1/3% of the total estimated cost of $72,000. A9. 160: Accepting the low bid from Denny's Air Conditioning, Inc., in the amount of $20,200 for the installation of approximately 300 Temperature Activated Load Controllers on residential air conditioners in accordance with Bid #4581. Al0. 160: Authorizing the Purchasing Agent to issue a purchase order to Security Specialists, Costa Mesa, California, in the amount of $34,035.43 for 2 rolling security gates to be installed at Utilities Service Center, in accordance with bid specification #4580. 515 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1988, 1:30 P.M. Ail. 186.123: Approving annual maintenance costs (from April 1, 1988 through March 30, 1989) for the FileNet Management System in the amount of $59,064.4~, which includes preventive maintenance, remedial maintenance, parts and labor, upgrading all engineering changes, and software enhancements. AA2. 174/170: Approving the application for Transitional Housing Demonstration Program funds in the amount of $40,000 and authorizing the Mayor to sign the necessary forms and certifications for submission of the application to the United States Department of Housing and Urban Development (HUD), awarding these funds to Anaheim Interfaith Shelter, Inc., for operational expenses to provide transitional services to homeless families, and authorizing staff to submit any other necessary documents. Al3. 123/129: Approving the updated letter agreement with Camel Valley Fire Protection District and William D. Ross, Attorney at Law, authorizing the total payment by tb~ City of 52,888.30 for legal fees in connection with participation as a co-petitioner with the Carmel Valley Fire Protection District in litigation against the State of California. Al4. 128: Receiving and filing the Monthly Financial Analysis presented by the Oirector of Finance for eight months ended February 29, 1988. AlS. 175.123: Approving the T~ird amendment to the existing contract with Fluor Technology, Inc., to extend bid preparation and evaluate the bidder's comments on the specifications for the combustion turbine peaking plant, at an additional cost of 57,250 and authorizing the Public Utilities General Manager to execute the amended agreement. Al6. 179: RESOLUTION NO. 88R-199: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-37, NUNC PRO TUNC. (relating to the legal description of Reclassification No. 87-88-25) Al7. 179: RESOLUTION NO. 8~R-200: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING VARIANCE NO. 3727 AS ADOPTED BY CiTY COUNCIL RESOLUTION NO. 88R-38, NUNC PRO TUNC. (relating to the legal description of Variance No. 3727) Al8. 15B: RESOLUTION NO. §§K-Z01; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHELMACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. Al9. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to York Air Conditioning Company, in an amount not to exceed 516,000 which includes parts and labor, to repair Chiller/Air Conditioner at the Police Department. Roll Call Vote on Resolution Nos. 88R-199 through 88R-201: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None 516 City Hall, Anaheim, California - COUNCIL MINUTES -May 17~ 1988~ 1:30 P.M. The Mayor declared Resolution Nos. 88R-199 through 88R-201, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 114: DISCUSSION - NIGHT CITY COUNCIL MEETINGS: Discussion re§ardin~ holding additional night City Council meetings. Letter dated May 3, 1988 signed jointly by Robert Zemel - Anaheim Hills Citizens' Coalition, Bud Bassett - Anaheim HOME, Sharon Ericson - Anaheim Municipal Employees association, Bob Horton - Anaheim Neighborhood Association, Doug Beery - Anaheim Fire Association, Phil Israel - Anaheim PAC and Jack Jessen - Anaheim Police Association, was submitted at the Council meeting of May 3, i988. Subsequently the Council determined discussion of the issue would take place on this date and also at the night meeting of June 7, 1988. Mayor Bay asked if anyone wished to give input at this time. Helen Paine, 1406 Castle Avenue. She asked that the Council consider that there be two night Council meetings per month instead of one. There being no further persons who wished to address the matter at this time, Mayor Bay confirmed that further discussion will be scheduled for the Council meeting agenda of June 7, 1988 starting at 6:30 p.m. 139: ASSEMBLY BILL 3392 (LONGSHORE - AB 3392) - DELETING BEACH BOULEVARD FROM THE STATE'S FREEWAY AND EXPRESSWAY SYSTEM: This matter was discussed at the meeting of May 10, 1988 (see minutes that date) where the Council took action to support a neutral position on the bill at that time and that the bill be put on watch. Mayor Bay. The matter is again on the agenda since Mayor Pro Tem Pickler has contacted the people at the Orange County Transportation Commission and others and a three-page report dated May 17, 1988 has been submitted by the Intergovernmental Relations Manager, Kristine ~halman. In light of the new infozmation provided, he is urging that instead of the neutral position that the Council go on record in support. Councilwoman Kaywo0d. After having attended a meeting yesterday with Councilman Pickler, the questions and concerns she previously had regarding the provisions of the bill were answered. She thereupon elaborated on those concerns and how they have been mitigated. Councilman Pickler moved to support AB 3392 which removes Highway 39 (Beach Boulevard) from the designation of a potential freeway and expressway. Councilman Bay seconded the motion. MOTION CARRIED. Mayor Bay asked that the Intergovernmental Relations Manager send letters relaying the Council's action to both Assemblywoman Doris Allen and Assemblyman Longshore and two others who requested to know the City's position on the matter. 517 City Hall, Amaheim, California - COUNCIL MINUTES - May 17, 1988, 1:30 P.M. 179/105/142: OROINANCE NO. 4928 - REVIEW AND APPEALS OF PLANNING COMMISSION ACTIONS: Amending section 18.03.080 of Chapter i8.03 of Title 18 of the Anaheim Municipal Code relating to the review and appeals of Planning Commission actions. This matter was discussed at the meeting of May 10, i988, (see minutes that date), wherein staff was requested to prepare a draft ordinance for Council consideration. City Attorney, Jack White. He pointed out that the proposed Ordinance he had submitted failed to include sections referring to appeals from the Zoning Administrator's decision. Today he has delivered to the Council and City Clerk a copy of a revision described "Revision A" which includes two additional sections relating to establishing the same requirement that it is necessary that two members of the City Council set a hearing not only on Planning Commission items but also for Zoning Administrator Items. Councilwoman Kaywood. She cautioned against any move to enact the ordinance repeating that it is an attempt to silence her by requiring two Council Members to set a public hearing. She also took issue with the provision if a Council person could not get a second vote, that Council person could appeal the decision upon payment of the appeal fee which means paying an appeal fee in order to do the very job the City Council was elected to do in the first place. Councilman Hunter offered Ordinance No. 4928, Revision A for first reading. ORDINANCE NO. 4928: AN ORDINAJqCE OF YHE CiTY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 18.03.080 OF CHAPTER 18.03 AND SUBSECTIONS .050 AND .070 OF SECTION 18.12.080 OF CHAPTER 18.12 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE R~I~TING TO ZONING PROCEDURES. ITEMS OF POBLIC INTEREST: Bill Ericson, 30i East North Street. He gave the Council an updated report of all of the activities that had taken place which have improved the quality of life in the Central City Neighborhood, especially with regard to certain businesses on North Anaheim Boulevard which were a detriment to the community. He named those most responsible for the positive things that had taken place. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held April 25, 1988, pertaining to the following applications were submitted for City Council information. Cl. VARIANCE NO. 3783 AND NEGATIV£ DECLARATION OWNERS: M.C.P. FOODS, INC., 424 S. Atchison Street, Anaheim, CA 92805 and SZAYER & FINCH /.R~SING CO., ET AL AGENT: MC LEAN AND SCHULTZ, 2000 E. Chapman, Fullerton, CA 92631 LOCATION: 424 South Atchison Street Waiver of (a) minimum structural setback, (b) minimum number of parking spaces to construct a warehouse/office building. Variance No. 3783 GRANTED by the Planning Commission, PC88-i07. Approved Negative Declaration. 518 City Hall, Anaheim, California - COUNCIL MINUTES - May 17~ 1988~ 1:30 P.M. C2. ENVIRONMENTAL 1MPACT REPORT NO. 273 (PREV. CERTIFIED) - SPECIME~ TREE R~40%AL PERMIT NO. 88-05 OWNERS: PRESLEY OF SOUTHERN CALIFORNIA, ATTN: DAVID GRAF, 17991 Mitchell South, Irvine, CA 92714 AGENT: ELFENDAND ASSOCIA~ES, 4675 MacArthur Court, Suite 660, Newport Beach, CA 92660 LOCATION: Property comprises approximately 102 acres generally located northeasterly of the intersection of Canyon Rim Road and Serrano Avenue, having frontage on the future northerly extension of Serrano Avenue and further described as the previously-approved vesting Tentative Tract Nos. 12700 and 12701 of the Highlands at Anaheim Hills Specific Plan Phase I development area. Request for approval to remove twenty (20) specimen trees. ELK 273 (Prev. Cert.) APPROVED by the Planning Commission. Specimen Tree Removal Permit No. 88-05 APPROVED by the Planning Commission. Appeal filed by Elfend and Associates. Public Hearing scheduled this date. C3. WAIVER OF COOE REQUIREM~qT, CONOITIONAL USE PERMIT NO. 2999 ~qD NEGATIVE DECLARATION OWNER: DOROTHY LILLIAN BRUNSON, 1840 41st Avenue, Capitola, CA 950i0 AGENT: MOBILE OIL CORPORATION, ATTN: J. H. HUNTSBURRY, 1255 Corporate Center Drive, Suite 201, Newport Beach, CA 91754-7611 LOCATION: 100 South Beach Boulevard Waiver of minimum enclosed retail sales area for off-sale beer and wine to permit an automatic car wash and convenience market with off-sale of beer and wine and gasoline sales. Waiver of Code Requirement DENIED by the Planning Commission. CUP NO. 2999 GRANTED IN PART, by the Planning Commission, with no sale of beer and wine, PC88-108. Approved Negative Declaration. C4. WAIVER OF CODE ~tENDMENT, CONDITIONAL USE PERMIT NO. 3000 AND NEGATIVE DECLARATION OWNER: E.B.B. PROPERTIES, 303 N. Placentia, Fullerton, CA ~2807 AGENT: KRYSTALKOCH, INC., 1281 Sunshine Way, Anaheim, CA 92806 LOCATION: 1281 Sunshine Way Waiver of minimum number of parking spaces to retain a limousine manufacturing business. Waiver of Code Amendment GRANTED by the Planning Commission CUP NO. 3000 GRANTED by the Planning Commission, PC88-109. Approved Negative Declaration. C5. CONDITIONAL USE PERMIT NO. 3001 AND NEGATIVE DECLARATION OWNER: ROY D. TAYLOR, 71i W. Imperial Hwy, Brea, CA 92021 AGENT: RESIDENTIAL SUPPORT GROUP, INC., ATTN: JAMES J. NUGET, 2855 519 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1988, 1:30 P.M. Roundsvel Terrace, Laguna Beach, CA 92651 LOCATION: 523 West Victor Avenue To retain a 15-bed residential alcohol detoxification center in an existing single-family structure. CUP NO. 3001 GRANTED by the Planning Commission, PC88-110. Approved Negative Declaration. CO. CONDITIONAL USE PERMIT NO. 3002 AND NEGATIVE DECLARATION OWNERS: MARY E. POOLEY, G. CLINTON POOLEY & CARMAM. POOLEY, 5910 Courtland Drive, Riverside, CA 92506 AGENT: CHRISTOPHER 3. NAUIGATO, 3399 Arlington Avenue, Riverside, CA 92506 LOCATION: 3175 W. Ball Road To permit an automotive lubricating service center. CUP NO. 3002 GRANTED by the Planning Commission, PC88-111. Approved Negative Declaration. C7. WAIVER OF CODE AMENDMF~T, CONDITIONAL USE PERMIT NO. 3003 AND NEGATIVE DECLARATION OWNER: MJD PROPERTIES, ET AL, 22617 S. VERMONT AVENUE, TORRA~CE, CA 90502 AGENT: %~UE PENG, 14941 Braeburn, Tustin, CA 92680 LOCATION: 3150 West Lincoln Avenue Waiver of minimum number of parking spaces.to permit on-sale alcohol in conjunction with an enclosed restaurant/public dance hall. Waiver of Code Amendment GRANTED by the Planning Commission. CUP NO. 3003 GRANTEO by the Planning Commission, PC88-112. Approved Negative Declaration. VARIANCE NO. 3784AND NEGATIVE DECLARATION OWNERS: MJD PROPEKTIES ET AL, 22~17 South Vermont Avenue, Torrance, CA 90502 and SZAYER & FINCH Ii~ASING CO., ET AL AGENT: JAMES ROBERTSON, 7440 North Figueroa Street, Los Angeles, CA 90041 LOCATION: 314~ to 3170 West Lincoln Avenue Waivers of minimum number of parking spaces to permit approximately 10,529 square feet of fast food restaurant area and 9,100 square feet of enclosed restaurant area in an existing shopping center. Variance No. 3784 GRANTED by the Planning Commission, PC88-113. Approved Negative Declaration. REPORTS AND RECOMMENDATIONS C9. DONATED SPACE AGREEMENT - WASHINGTON COMMUNITY CENTER FROM COUNTY OF ORANGE, G~NEKAL SERVICES AGENCY, KEAL ESTATE DIVISION: 250 East Cypress Street, Anaheim, CA APPROVED by the Planning Commission, PC88-i14. 520 Property located at City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1988~ 1:30 P.M. C10. VARIANCE NO. 3656 - Request from Everest Building Inc. for approval of a 1 year time extension on property located at i261 N. Placentia Avenue. Extension of time APPROVED by the Planning Commission. Cll. CONDITIONAL USE PERMIT NO. 2886 - Request from Stephen Merrill of S & D Paint and Body Center, for approval of a 1 year extension (retroactive to February 18, 1988) on property located at 554 S. Atchison Street. Extension of time APPROVED by the Planning Commission. C12. VARIANCE NO. 3620 - Request from Douglas Scott for termination of Variance No. 3620 on property located on the east side of Hancock Street, North of Bryson Street. Variance No. 3620 TERMINATED by the Planning Commission, PC88-115. C13. CONDITIONAL USE PERMIT NO. 2809: Request from Agent (Phillip R. Schwartze, Phillips Brandt, Reddick) for the owner, for approval of a one year extension of time on property located at 415 Anaheim ~ills Road. Extension of time APPROVED by the Planning Commission. C14. RECLASSIFICATION NO. 84-85-30 AND CONDITIONAL USE PERMIT NO. 2676: Request from Ron Muccino for approval of a one year extension of time (retroactive to April 15, 1988) on property located at 1107 North Swan Street. Extension of time APPROVED by the Planning Commission. C15. CONDITIONAL USE PERMIT NO. 550: Request from Gin 0. Wong and Linda Y. Wong for termination of Conditional Use Permit No. 550 on property located at 326 South Melrose Street. CUP NO. 550 TERMINATED by the Planning Commission, PC88-116. CITY PLANNING COMMISSION IT,S: 'fhe following actions taken by the City Planning Commission at their meeting held May 9, 1988, pertaining to the following applications were submitted for City Council information. c16. TENTATIVE TRACT NO. 12655 (REVISION NO. 1): Request from Trider Corporation for approval of specific plans. Property located at 270 S. Mohler Drive. APPROVED by the Planning Commtssion. Councilwoman Kaywood. If no action is taken by the Council on this item, it is approved as the Planning Commission approved it, or approving the 25-foot~ height limit with the exception of chimneys protruding above the 25-foot limit. Joel Fick, Planning Director. In this case it was a specific plan approval for the development plans of the property and the development plans for these specific lots at 25 feet plus a 2-foot projection. 521 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1988, 1:30 P.M. Councilman Bay. In effect it will probably be more limited by a 2-foot limitation than the general interpretation which is to be discussed next. Mr. Fick answered that was correct. C17. TENTATIVE TRACT NO. 12576 - PERALTA LTD. REQUEST (Letter dated March 30, 1988) That it be granted a waiver, Section 17.06.29, of the requirement of the City of Anaheim Hillside Grading Ordinance as it relates to the location of lot lines at the top of slopes, Section 17.06.120.04, within Tract 12576, for the rear lots 14, 15, and i6. APPROVED by the Planning Commission. A public hearing is required and, therefore, a public hearing will be set at a later date. C18. REQUEST FOR PLANNING COMMISSION INTERPRETATION OF SECTIONS 18.04.030, 18.84.020 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE AS TO WHETHER CHIM~qEYS ARE A PEFdqITTED PROJECTION ABOVE THE MAXIMUM SINGLE-FAMILY DWELLING STRUCTURAL AND BUIAJOING HEIGHT IN THE SCENIC CORRIDOR OVERLAY ZONE: The City Planning Commission, under Resolution No. PC88-128 recommended that staff be instructed to draft an ordinance to amend the subject Code sections relating to maximum building and structural height and roof-mounted equipment in the Scenic Corridor overlay zone to allow chimneys as permitted projections above the highest roof line. Councilman Bay moved to direct the City Attorney to prepare changes in the ordinances that clearly defined the height limitations as recommended by the Planning Commission. Before action was taken, City Attorney White recommended that two actions be taken - one to concur with the interpretation of the Planning Commission and the second to be for staff to come back with a Code amendment that would codify the interpretation. Councilman Bay withdrew his original motion and moved to concur with the Planning Commission's recommended definition of height limit for roof lines. Councilman Pickler seconded the motion. Before a vote was taken, City Attorney White explained for Councilwoman Kaywood this matter is being brought to the Council as a clarification of a potential ambiguity in two different sections of the Code - one that provides chimneys as well as other types of structures are exceptions to the height limitation in the residential zones and the other provision that involves the Scenic Corridor overlay zone, providing that the 25-foot height limit is measured to the highest point of any structure. The only clarification that is needed is whether or not chimneys are to be included or excluded from the height limit. The Planning Commission's interpretation is that they are to be excluded and chimneys allowed over what the height limit in the Scenic Corridor overlay zone otherwise would be. They further recommended when an ordinance was prepared that in the ordinance there be a precise limitation on what the height limit could be. 522 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1988, 1:30 P.M. Councilman Bay. It is the intent of his motion to concur with the Planning Commission's recommended definition but not to imply they should go into detail as to adding limitations on chimneys. Chimneys that have a Code requirement to be so far above the roof line depending on the pitch of the roof. He does not foresee chimneys becoming an issue other than "nit picking". Councilwoman Kaywood. She is for prevention and thus will not support the motion. She is concerned that there could be cases where under the name of a chimney that is not 2 feet it could be another story or structure that would be blocking someone's view. A vote was then taken on the foregoing motion. Councilwoman Kaywood abstained. MOTION CARRIED. City Attorney White. A motion to change the ordinance is not necessary since the Planning Commission has already requested the City Attorney's Office to draft an ordinance to clarify the matter. Onless the Council instructs him to do otherwise, the ordinance that is given to the Planning Commission to review and ~utch will undoubtedly come to the Council will initially be drafted the way the Planning Commission asks that it be drafted. Councilman.Bay. He does not want to interfere but the intent of his motion is to draft an ordinance that merely clarifies the roof line for the height limitation with reference to the Scenic Corridor Code, specifically leaving details of the chimney out of it. City Attorney White. He suggests then that the Council by motion instruct him to draft such an ordinance. He will then be drafting two ordinances - one for the Planning Commission and one for the City Council. MOTION: Councilman Bay moved to direct the City Attorney to draft an ordinance that will codify the Planning Commission's interpretation of height limit for roof lines. Councilman Ehrle seconded the motion. Councilwoman Kaywood voted no. MOTION CARRIED. End of Planning Commission Items. MOTIONS CARRIED. 114/163: REPORTS FROM THE CITY'S SCHOOL DISTRICTS: Councilman Ehrle called for a discussion to be set on a future agenda to consider receiving "State of the Schools" reports from the high school and elementary School Districts in the City. He is getting mixed messages relative to 'school over-crowding issues. Citizens at public hearings have come forth in opposition to various multi-family projects, one of their concerns being school over-crowding. On the other hand, he has been informed some schools are going to be losing teach, rs because of iow enrollment. No action was taken by the Council at this time. 114/127/197: PETITION INIYIATIVES - ADMISSIONS TAX AND MOBILHOME RENT STABILIZATION: Councilman Pickler. He is asking that the subject items be placed on a Council agenda for discussion and possible action by the Council opposing these two proposed initiatives which he feels will be a detriment to the City. 523 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1988, 1:30 P.M. MOTION: Councilman Pickler moved that the Council discuss and possibly take action on the Admissions Tax and Kent Stabilization Initiatives and that the matters be scheduled for the City Council meeting of May 24, 1988. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Hunter stated that the Council had responded relative to the Admissions Tax as being opposed. He feels if citizens want to seek a petition initiative, right, wrong or indifferent, they should be able to do that without interference from the Council. It is nothing more than a deterrent on behalf of government to tell people they should not be doing what they are doing and that the Council has already made up its mind. It is his opinion that such action has a "chilling effect" on people and it is tinkering with the First Amendment of the Constitution. Mayor Bay. He takes exception to most of Councilman Hunter's remarks. Council Members are supposed to be leaders in the City and it is important for the people to know their leader's opinions on key issues. He has very strong feelings on both subjects and it has nothing to do with people's right to walk petitions for those initiatives. He feels it is way past time that the City and everybody know where individual members of the Council stand on the two issues and the only way he knows is to set it on an agenda for discussion, debate and a vote. A vote was then taken on the foregoing motion. Councilman Hunter voted no. MOTION CARRIED. 114: COUNCIL MEETING - JULY 5, 1988: Councilman Pickier asked whatever action was necessary that the Council not schedule a meeting for July 5, i988 since it appeared at this time that there will be no quorum. City Attorney White. By ordinance there is a regular meeting scheduled every week. If the intent is to state that a quorum is not anticipated on July 5, 1988 that would be in order. Mayor Bay. He has not had an opportunity to check his calendar. He recommended that the issue be discussed at next Tuesday's Council meeting and the Council can then make a decision. It was determined that the matter will be placed on the Council agenda of Tuesday, May 24, 1988. 166: SIGNAGE - COMMERCIAL-RECREATION AREA: Councilman Pickler referred to an article in the Sunday edition of the regii~er which graphically reported on the sign proliferation in the Commercial-Recreation area along Disneyland on Katella Avenue and Harbor Boulevard. He feels that the Council must take action to clean up the area and would like the matter set for Council consideration and discussion especially with regard to having the Code Enforcement Division investigate the proliferation of signs in the area to see if they are in conformance with Code or whether they should be there in the first place. He is speaking of the Harbor Boulevard area going north to the freeway and Katella Avenue from the freeway east to Walnut. Mayor Bay. He asked that the Council be provided information by staff. The item will be placed on the Council agenda of Tuesday, May 24, 1988 although it may not be possible for staff to provide information in that time frame. 524 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1988, 1:30 P.M. RECESS: By general consent the Council recessed for ten minutes. (3:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:10 p.m.) 108: CONT~UED PUBLIC HEARING - AMUSEMENT ARCADE APPLICATION NO. 1001: APPLICANT: OWNER: Seiyu Yogi 5035 Greensboro Street, Anaheim, California REQUEST/LOCATION: To permit a 50-machine arcade on property located at 2940 West Lincoln Avenue, Suite "C". PLANNING COMMISSION ACTION: The Planning Department approved the application on April 4, 1988. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler at the meeting of April 12, 1988. This matter was continued from the meeting of May i0, 1988, to this date (see minutes that date). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 28, 1988. Posting of property April 29, 1988. Mailing to property owners within 300 feet - April 28, 1988. Mayor Bay asked to hear from the applicant or the applicant's agent; there was no response. The item was trailed to later in the meeting (~:10 p.m.); later in the meeting (3:43 p.m.) it was determined that the applicant was still not present. He was unable to be reached by phone, but had been aware of the continuance of the public hearing to this date. There were no further persons present who wished to speak either in favor or in opposition; Mayor Bay closed the public hearing. MOTION: Councilman Pickler moved to deny the Amusement Arcade Application No. 1001 to install 50 machines at 2940 West Lincoln Avenue, Suite C, on the grounds that the use would be contrary to the public interest, health, safety and general welfare due to the numerous police response incidents in the area and the additional people and traffic that the use would create. Councilwoman Kaywood seconded the motion. MOTiON CARRIED. Mayor Bay. He assumed the memorandum dated May 16, 1988 which the Council received today from the VNCI Division of the Police Department is made a part of t~m record. City Attorney White. He confirmed that it is a part of the record and would be made available to the applicant if he were present. 525 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1988, 1:30 P.M. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2602 -AMENDMENT OF CONDITION: APPLICANT: OWNER: Celestino Arrabaca and Melissa Arrabaca 1315 South Anaheim Boulevard Anaheim, CA 92804 LOCATION/P, EqU£ST: The property is located at 127 and 133 West Hill Place. The petitioner requests amendment of Conditional 0se Permit No. 2602, (specifically Condition No. 11 of Council Resolution No. 84R-393) pertaining to the restriction of non-ambulatory persons only. The amendment is requested so as to allow ambulatory persons as well as non-ambulatory persons. PLANNING COMMISSION ACTION: The Planning Commission recommended Approval of the request at their meeting of March 28, 1988. The item submitted to Council for information only at the meeting of April 19, 1988, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 5, 1988. Posting of property May 6, 1988. Mailing to property owners within 300 feet - May 6, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 28, 1988. APPLICANT'S STATEMenT: Robert L. Lavoie, representing the applicants, 910 West Seventeenth Street, Santa Aha, Ca. 92706. The applicants presently operate a 40-bed unit in wt~ch they operate a health care facility for mentally disabled persons. The CUP restricts the use to those who are non-ambulatory and those in wheelchairs. When the CUP was first granted, concern was expressed in the surrounding community over the possibility that those in the facility would be walking around the community causing problems. Time has proven that the Arrabacas are good neighbors. His clients have done an excellent job in their community and there is minimal opposition. The amendment is being requested because there are only a certain number of people who fall in the category of non-ambulatory and there are a number of beds going unoccupied because of that. They are requesting Amendment of Condition No. 11 which will allow ambulatory persons as well as non-ambulatory. He confirmed for Councilwoman Kaywood that there have been no complaints from the neighbors and Mrs. Arrabaca has gone to the community and advised people of the request to amend the condition and what it meant. Only good comments have been received. A petition was also previously submitted signed by a number of neighbors who are all in agreement with the proposed amendment. 526 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 17, 1988~ 1:30 P.M. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Bay closed the public hearing. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-202) Councilman Bay moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-202 for adoption, granting the Amendment to Condition No. 11 of Conditional Use Permit No. 2602, thereby allowing ambulatory persons as well as non-ambulatory persons in the board and care facility. Refer to Resolution Book. RESOLUTION NO. 88R-202: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CONDITION NO. ll OF CONDITIONAL USE PERMIT NO. 2602. Roll Call Vote: AYES: NOES: ABS E~'T: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None The ~ayor declared Resolution No. 88R-202 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO. 3712, CATEGORICAL!.Y EXEMPT-CLASS 5: APPLICANT: OWNER: Gary Richard Johnson 268 Flower Street, Costa Mesa, CA 92627 LOCATION/REQUEST: The property is located at 2200 South Loara Street. Tt~ petitioner requests approval of a 60 day extension of time and deletion of Condition No. 4 of ZA88-01 pertaining to removal and relocation of an existing trash enclosure located in a front yard. Property is approximately .68 acre, on the east side of Loara Street, approximately 130 feet south of Lorane Way. ZONING ADMINISTRATOR ACTION: The request was approved, in part, by the Zoning Administrator, Decision No. ZA88-22 giving a 60-day extension, modification 6f Condition No. 1. HEARING SET ON: The Zoning Administrator's decision was appealed by the owner, Gary Richard Johnson, on April 21, 1988, and public hearing scheduled this date. 527 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1988, 1:30 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 13, 1988. Posting of property May 11, 1988. Mailing to property owners within 300 feet - May 10, 1988. City Clerk Sohl announced that Mr. Johnson has been in contact both by telephone and mail. He is unable to be present due to a death in the family and ts requesting a 30-day continuance of the public hearing. Mayor Bay asked how many people were present in the Chamber audience on the subject public hearing; there were five people present, all indicating that they were in opposition to the request. Mayor Bay explained that normally the Council grants a request for continuance on the public hearing for a good reason. However, the Council could hear any public input today so that people would not necessarily have to come back due to a continuance. It was subsequently determined that the public hearing would be open and input received today, but that a final decision of the Council would be rendered on a date certain to which the public hearing is continued. Mayor Bay opened the public hearing. PUBLIC HEARING - IN OPPOSITION: Mac Schwartze, 2139 So. Loara Street. This is the fourth meeting they have attended to express their opposition. There would not have been a problem if the owner had first asked for a permit which would have been refused but he built the trash enclosure not only without a permit but also against the rules and regulations of the Gity. He built it right on the sidewalk causing a dangerous situation since it is at the border of the driveway. A trash enclosure does not belong in a front yard. For 30 years it was located in the rear. It is a bad precedent for the City. Not only is it a health hazard, it is an eyesore, he thereupon submitted a petition which is a second petition in opposition (made a part of the record). Karen Melconian, 2125 So. Loara Street. She lives across the street from the apartments and in full view of tbm trash and trash enclosure which is the first thing she and her f~m~ly sees every morning. It is not even an enclosure. She submitted photographs showing tbm existing conditions. This situation should not set a precedent for others to do the same. There are many complaints not only from neighbors but people who visit. It is a health hazard with trash being spilled and not picked up, odor, dogs pillaging the trash, etc. In the beginning, the trash was always kept in the rear of the apartment building. They appreciate what Mr. Johnson has done to the facade of the complex to make it more appealing but the trash enclosure is going against his efforts. 528 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1988~ 1:30 P.M. Jack Melconian (Father). The "garbage" enclosure is ugly and goes against all aspects of neighborhood beautification. He has lived there for 20 years. It is not right for someone one day to decide he does not have room in his back yard and then to put the trash out front which is spilling all over the sidewalk. People are drinking there at night and throwing their bottles in the trash. There is a danger of rats, mice, insects and infestations.' There are children walking to and from school. Hazardous wastes may be disposed there and it is dangerous for children. Mr. Johnson must consider his neighbors who have lived there for many years. There being no further persons who wished to speak Councilman Bay moved to continue the public hearing to Yuesday, June 14, i988 at 3:00 p.m. Councilman Pickler. His thought is to deny the request and not continue the public hearing. Councilman Bay. The Council has received a request for continuance and a legitimate reason for that request. He hesitates to vote on a decision before hearing the other side. City Attorney White. He recommends that the Council not vote on the matter today since there seems to be a legitimate reason for continuance. Doing so could cause a problem relative to due process in giving the applicant an opportunity to present his case. MOTION: Councilman Bay moved to continue the public hearing on Variance No. 3712 to Tuesday, June 14, 1988 at 3:00 p.m. Councilman Hunter seconded the motion. MOTION CARRIED. Mayor Bay. It is possible in the meantime that Code Enforcement ask for cooperation in cleaning up the area while the hearing is pending; City Attorney White concurred. 176: PUBLIC HEARING -ABANDONMENT NO. 87-18A: In accordance with application filed by Northrop Corporation, public hearing was held on proposed abandonment of a public utility easement across the Northrop property at 500 E. Orangethorpe Avenue, Anaheim, CA 92801, pursuant to Resolution No. 88R-i56, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated April 7, 1988 was submitted recommending approval of said abandonment. Mayor Bay asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Bay, seconded by Councilman Pickler, the City Council ratified the 529 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1988, 1:30 P.M. determination of the City Engineer that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-203) CounciLman Bay moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution No. 88R-203 for adoption, approving abandonment No. 87-18A. Refer to Resolution Book. RESOLUTION NO. 88R-203: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF THOSE CERTAIN EASEMENTS FOR PUBLIC UTILITY AND SEWER PURPOSES LOCATED ON THE SOUTH SIDE OF ORANGETHORPE, APPROXIMAYELY 1716' EAST OF LEMON STREET, TO ALLOW A TEMPORARY BUILDING IN THE PRESENT EASEMENT Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-203 duly passed and adopted. 179: PUBLIC HEARING - ENVIRONMENTAL IMPACT RE~ORT NO. 273 (PKEV. CERTIFIED) AND SPECIMEN TREE REMOVAL PERMIT NO. 88-05: APPLICANT: OWNERS: Presley of Southern California Attn: David Graf, 17991 Mitchell South, Irvine, CA 92714 AGENT: Elfend and Associates 4675 MacArthur Court, Suite 660 Newport Beach, Ca. 92660 REQUEST: Petitioner requests approval of Specimen Tree Removal Permit No. 88-05 in order to remove a total of 54 Specimen Trees (originally approved by the Planning Commlssion on April 25, 1988, for the removal of 20 Specimen trees). LOCATION AND DESCRIPTION: Subject 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,lmmit (formerly Oak Hills Ranch), 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. 530 City Hall, Anaheim, California - COONCIL MINUTES - May 17, 1988, 1:30 P.M. Request has been submitted from Frank Elfend for the consideration and action on the remaining 42 specimen trees (total of 96 specimen trees in all) to be held at a public hearing on May 24, i988. PUBLIC NOTICEREQUIKEM~TS MET BY: Publication in Anaheim Bulletin May 7, 1988. Posting of property May 6, 1988. Mailing to property owners within 300 feet - May 6, i988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 10, 1988 from the Planning Director. APPLICANT'S STATtMENT: Frank Elfend, Elfend & Associates. There is nothing further he would like to add at this time. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Bay closed the public hearing. MOTION: On motion by Councilman Bay, seconded by Councilman Pickler, it was determined that the initial study indicates that no additional impacts above those covered in Environmental Impact Report No. 273 would result from the proposed removal of 54 specimen trees; therefore, the previously certified ELK No. 273 is adequate to serve as the required environmental documentation for the revised request (54 trees). MOTION CAKKIED. MOTION: Councilman Bay moved to approve Specimen Tree Removal Permit No. 88-05 for the removal of 54 trees. Councilman Pickler seconded the motion. MOTIC'N CARRIED. ADJOURNMENT: Councilman Bay moved to adjourn. motion. MOTION CARRIED. (3:47 p.m.) Councilman Ehrle seconded the LEONORA N. SOHL, CITY CLERK 531