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1988/05/24City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 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 MA/qAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti PLANNING DIRECTOR: Joel Fick SENIOR PLANNER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on May 20, 1988 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the meeting to order at 12:02 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C. No. 46-96-59; Espino Barros vs. Garza, et al., CV87 2962. 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. Councilman Pickler seconded the motion. MOTION CARRIED. (12:02 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. (1:54 p.m.) INVOCATION: Reverend Stephen Mather, 1st Presbyterian Church, gave the Invocation. 532 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1988, 1:30 P.M. FLAG SALUTE: Mayor Pro Tem Irv Pickler 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: Senior Citizen's Day in Anaheim, May 28, 1988, Flag Day in Anaheim, June 14, 1988. Mary Atwell accepted the Senior Citizen's Day proclamation. 119: PRESENTATION - MISS ANAHEIM: Earline Jones, Executive Director of the Miss Anaheim Pageant presented the new Miss Anaheim, Kathy Kurtz. Mayor Bay and Council Members personally greeted Miss Kurtz who was presented with roses and also wished her well in the upcoming pageant, the next step on the road to Miss America. 119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council and Presented to Tom Vance, the City's Risk Manager, congratulating him on becoming president of PRIMA, the Public Risk and Insurance Management Association, a nationwide organization. MINUTES: It was the Council consensus that approval of the minutes from the meeting of April 2~, 1988 and the Adjourned Regular meeting of May 3, 1988 (held May 10, 1988) be deferred one week since they were just submitted to the Council. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,647,389.27, in accordance with the 1987-88 Budget, were approved. WAIVER OF READING - RESOLUTIONS: The titles of the followin~ resolutions on the Consent Calendar were read by the City Manager. (Resolution Nos. 88R-204 through 88R-207, both inclusive) Counciiman Bay moved to waive the reading in full of the resolutions. Councilman Pickler seconded the motion. MOTION CARRIED. CITY MANAG~2i/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Ehrle, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 88R-204 through 88R-207, both inclusive, for adoption. Refer to Resolution Book. Al. 118: The following claims were filed against tb~ City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Lee A. Schlosser for property damage sustained purportedly due to actions of the City on or about April 7, 1988. 533 City Hall, AnAheim, California - COUNCIL MINUTES - May 24~ 1988, 1:30 P.M. b. Claim submitted by Casey Gill for bodily injury sustained purportedly due to actions of the City on or about January 16,1988. c. Claim submitted by Rosa Carillo, 0maly Maldonado & Amalia Chavez for bodily injury sustained purportedly due to actions of the City on or about February 4, 1988. d. Claim submitted by Rojelio Carrillo, Jr. for bodily injury sustained purportedly due to actions of the City on or about February 4, i988. e. Claim submitted by George Dewey for bodily injury sustained purportedly due to actions of the City on or about February 4, 1988. f. Claim submitted by Delma Gonzales, Wences Gonzales, 'Carlos Sosa, Maria Sosa, Julietta Gonzales for bodily injury sustained purportedly due to actions of the City on or about February 4, 1988. g. Claim submitted by Suzette Gregory, Jon Gregory, Virginia Gregory, James Lauzon for bodily injury sustained purportedly due to actions of the City on or about February 4, 1988. h. Claim submitted by Margaret Torres for bodily injury sustained purportedly due to actions of the City on or about ~'ebruary 4, 1988. i. Claim submitted by Jadila Uribe for bodily injury sustained purportedly due to actions of the City on or about February 4, 1988. j. Claim submitted by David Edward Beiter for property damage sustained purportedly due to actions of the City on or about April 1, 1988. k. Claim submitted by Marlene Bridges .for bodily injury sustained purportedly due to actions of the City on or about January 28, 1988. 1. Claim submitted by Daryl C. Hall for property damage sustained purportedly due to actions of the City on or about March 30, 1988. m. Claim submitted by Richard Fernandez for property damage sustained purportedly due to action~ of tha City on or about April 5, 19§§. A2. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held April 20, 1988. AJ. 107: Receiving and filing the Building Division Statistical Report for the month ending April 30, 1988. A4. 156: Receiving and filing the Anaheim Police Department Crime and Cleaz'ance Analysis Report dated May ~, 1988. AS. 158: Authorizing the payment of $4,505 to the owner Larry R. Haupert for the cost of replacement of the sign located at 750 North Anaheim Boulevard, which is in the right of way for the North Anaheim Boulevard Street Widening Project. 534 City Hall, Anaheim, California - COUNCIL MINUTES - Ma~ 24~ 1988, 1:30 P.M. A6. 158: Authorizing the payment of $51,340 to Larry R. Haupert for modifications to his building located at 740 North Anaheim Boulevard to remove a portion of his building that is located within the new right of way for the North Anaheim Boulevard Street Widening Project. A7. 170: Approving the Final Map of Tract No. 12665 which is located on the north side of Mohler Drive, east of the intersection with Country Hill Road, and approving the Subdivision Agreement with Trider Corporation of Newport Beach, subject to approval of the Covenants, Conditions and Restrictions. A8. 155: Approving a Negative Declaration pursuant to CEQA findings for certain actions relating to the Hilton Hotel enclosed parking facility, located North of Convention Way, approximately 800 feet west of Harbor Boulevard. A9. 175.123: Approving license agreements with Atchison, Topeka and Santa Fe Railway Company and Union Pacific Railroad Company, permitting the City to construct, maintain and operate 12,000 volt three phase power lines over the tracks and premises in conjunction with the Sharp Substation expansion project. A consideration fee of $400 is to be paid to Santa Fe and $1500 to Union Pacific Railroad Company. Al0. 175.123: Approving an increase in legal fees, for services provided by the Law Firm of Spiegel and McDiarmid, in connection with rate cases before the Federal Energy Regulating Committee (FERC), (effective July 1, 1988). All. 123: Approving an agreement with S. Leonard Auerbach and Associates, at a cost of ~60,500, for professional theatrical consultant and design services for the master planning and design of sound and lighting improvements for the Pearson Park Amphitheatre. Al2. 123: Approving the Affordable Housing Agreement with Tung-Ming and Anna Y. Y. Chang, Kuo-Kang and Chih-Ying Chang, Kuo-Chi and Lo-Ying Chang, and Kuo-Wei and Ting-Ji Chang, owners of 404-420 North Lemon Street, for 3 out of 24 affordable units. Al3. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to the Anaheim Public Improvement Corporation in the amount of ~42,400 for Genesys Human Resource Planning System Software, to provide reports and analysis of the City's personnel structure. Al4. 160: Authorizing the Purchasing Agent to issue a change order to the Anaheim Public Improvement Corporation for an additional amount of $795.14 bringing the revised purchase order (PO 46189G) total to $15,795.14 for one used passenger vehicle for the Chief of Police. Al5. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for nine months ended March 31, 1988. Ai6. 124: P~ESOLUTION NO. 88R-204: A tLESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NO. 88R-188, APPROVING, AUTHORIZING AND 535 City Hali~ Anaheim, California - COUNCIL MINUTES - May 24~ 1988~ 1:30 P.M. DIP. ECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, APPROVING A PURCHASE AGREEMENT, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF £AKTICIPA~ION, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. (Certificates of Participation - Parking Facilities Refinancing Project - not to exceed $60 million.) Such Resolution will, in addition to the above: 124: Approve a variable interest rate, and approve the form and authorize the Mayor, the City Manager, or the Finance Director to execute and the City Clerk to attest to the lease agreement, sublease agreement, trust agreement, Reimbursement Agreement, and the Remarketing Agent Agreement. 124: Approve the form and authorize the execution of a Certificate Purchase Agreement with Security Pacific Merchant Bank and Bank of America National ~rust and Savings Association as Trustee. 124: Approve the form and authorize distribution of a Preliminary Official Statement, an Official Notice of Sale and an Official Bid Form relatin~ to the financing. i24: When prepared, authorize the execution and distribution of a Final 0fficial Statement. 124: Authorize the Mayor, the City Manager, the Finance Director and the City Clerk. to execute such other documents as may be necessary and appropriate in connection with such financing. Al7. 128: Approving agreements with Seidler-Fitzgerald, Financial Advisors, and Jones Hall Hill & White, Bond Counsel for the Sale of 1988/89 Tax and Revenue Anticipation Notes, ~10,000,000. 128: RESOLUTION NO. 88R-205: A RESOLUTION C~LLING FOR BIDS FOR NOTES, APPROVING THE DISTRIBUTION OF OFFICIAL STATEMENT, OFFICIAL NOTICE OF SALE AND BID FO~4, A_ND AUTHORIZING NAD DIRECTING CERTAIN ACTIONS WITH RJZSPECT THEF~ETO. 128: RESOLUTION NO. 88R-206: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ANAHEIM PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1988/1989 AND THE ISSUANCE AND SALE OF 1988 TAX AND REVENUE ANTICIPATION NOTES THEREFOR. 128: Approving Official Notice of Sale, and Official Statement. Al8. 158: RESOLUTION NO. 88R-207: 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. Al9. 153/117/152: Approving the revised Employees Deferred Compensation Plan Document, and authorizing the City Treasurer as Pian Administrator to execute all participation agreements on behalf of the Employees and other eligible officials and officers, except that any agreement for the City Treasurer shall be executed by the Mayor and attested by the City Clerk. 536 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1988, 1:30 P.M. Roll Call Vote on Resolution Nos. 88R-204 through 88R-207: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-204 through 88R-207, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 123: SETTLEMENT AGREE~NT - ANAHEIM HOTEL PARTNERSHIP AND SUNBELT SAVINGS ASSOCIATION OF TEXAS: City Attorney White. The Council today received a draft of a proposed settlement agreement relating to existing litigation with the Anaheim Hotel Partnership. This document is currently in draft form and will be subject to final negotiation of language as well as some exhibits. There is a need to act on the matter that has arisen since the time of the posting of the agenda on last Friday. Councilman Bay moved to determine that need to take action upon the following matter arose subsequent to the posting of the agenda; thereofre, waiving the 72-hour posting requirement pursuant to Government Code Section 54954.2(b) (2). Councilman Hunter seconded the motion. MOTION CARRIED. 123: Councilman Pickler moved that the Council (1) find and determine that the sale and conveyance of real and personal property as more particularly described in that certain settlement agreement and release by and among the City of Anaheim, Community Center Authority, Anaheim Hotel Partnership, & Sunbelt Savings Association of Texas, without advertising for bids, is in the best interests of the City and, (2) waive the provisions of Section 1222 of the City Charter for the reasons stated. Councilman Bay seconded the motion. Councilwoman Kaywood abstained. MOTION CARRIED. 123: Councilman Pickler moved that the Council approve that certain settlement agreement and release by and among the City of Anaheim, Community Center Authority, Anaheim Hotel Partnership, and Sunbelt Savings Association of Texas, and authorize the Mayor and City Clerk to execute said agreement and release and all other deeds, instruments and documents necessary to carry out the terms of said agreement and release. Gouncilman Bay seconded the motion. Councilwoman Kaywood abstained. MOTION CARRIED. 129/107: DISCUSSION - FIRE SPRINKLERS: (1) To consider enacting an ordinance requiring fire sprinklers in all existing buildings fifty-five (55) feet or taller by January 1, 1992, and/or also, in all newly constructed industrial and commercial buildings, and/or in all multi-family dwellings consisting of two or more (R-3) units and, (2) to consider a requirement for fire sprinkler systems in newly-constructed single family dwellings to be included in the proposed 1988 Uniform Fire Code. Fire Chief Jeff Bowman referred to his report dated May 17, 1988, recommending that the Council consider enacting ordinances covering the four following areas: (1) an ordinance requiring fire sprinklers in all existing buildings 537 City Hall, An-hmim~ California - COUNCIL MINUTES - May 24~ 1988~ 1:30 P.M. fifty-five (55) feet or taller in the City of Anaheim by January 1, 1992; (2) an ordinance requiring fire sprinklers in all newly constructed industrial and commercial buildings in the City of Anaheim; (3) an ordinance requiring fire sprinklers in all multi-family dwellings consisting of two or more (R-3) units; (4) consider adopting the 1988 Uniform Fire Code when presented, and including therein a requirement to include newly constructed single family dwellings as occupancies requiring fire sprinkler systems. A discussion followed the recommendations and Page 2 and 3 of the report clarified Fire Department's position on each of the recommendations (report made a part of the record). Chief Bowman then narrated an extensive slide presentation which covered all of the areas of concern with regard to fire sprinklers and how many of those problems and concerns could be mitigated and reduced by the installation of fire sprinklers. Mayor Bay asked if anyone wished to address the issue. Mr. Gerold Bushore, 548 South West Street. He is concerned with the costs that will be added to new homes if sprinklers are required. He favors the idea that with single-family dwellings that it be optional whether or not sprinklers are installed. It should not be mandated. Frank Elfend, Elfend & Associates. His understanding is that the Council today was merely going to receive the staff report and then give the development community an opportunity to provide input. They would like to have the opportunity to sit down with the Fire Chief and discuss the matter. Mayor Bay. He likes the idea of options as well. There should be a public hearing and more detail given before the Council makes a decision on the issue. Councilman Ehrle. He would like to direct the City Attorney and staff to draft an ordinance relative to commercial and industrial buildings, but he is not ready to take any action at this point regarding single-family dwellings before receiving more input and additional data. City Manager, Bob Simpson. There is a current ordinance requiring sprinklers in buildings of 6,000 or more square feet or any building of 3 or more stories in height. There are two different things at issue, retrofitting existing high-rise buildings and second, any consideration for having sprinklers either as an option or as a requirement for single-family residents. He would suggest that the Council charge staff with going out and negotiating with the development community or any other interested parties and bringing back to the Council an ordinance that is acceptable to all rather than debating the matter in Council Chambers. It is an emotional issue and it will continue to be. Issue staff the same charge as the Council did when the current high-rise ordinance was passed which was without any dissenting vote from any organizations or associations. If staff cannot deliver that again, they will not pass the ordinance. Councilwoman Kaywood moved that staff be charged with negotiating with tt~e development community or any other interested parties and subsequently bring back to the Council an ordinance that is acceptable to all. Councilman Hunter 538 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1988~ 1:30 P.M. seconded the motion. Before a vote was taken, Mayor Bay asked for clarification that the motion is charging staff with going out and looking to retrofitting the high-rise buildings and the second part was relative to single-family dwellings. However, there was no mention of multi-family. City Manager Simpson. That will be included as part of the residential ordinance. Multiple family is considered residential. He further answered for tha Mayor that he believes it illogical and not economically feasible to try to retrofit anything other than high-rise buildings. Staff will come back with an ordinance that is acceptable to all concerned and one that he believes Council can live with. He further confirmed that the retrofit would involve those buildings over 55 feet but new construction only in multiple-family and new construction only in single-family. Fire sprinklers are required at present in buildings more than 3-stories high. The 55-foot distinction is for complete life support systems. Councilman Bay. He feels the motion covers too much for him to be able to support it at this time. It is for a retrofit in one case and new construction only in two other cases but it does not address industrial and commercial buildings that are 6,000 square feet that were built before the existing ordinance. Fire Chief Bowman. He clarified that he is suggesting that if an ordinance is drafted that it include all four areas recommended in his May 17, 1988 staff report. Councilman Ehrle. He also agrees that the recommendation is too broad at this time. A vote was then taken on the foregoing motion amended as follows: That staff is charged with negotiating with the development community or any other interested parties and subsequently will bring back to the Council an ordinance that is acceptable to all; ordinance to include the four recommendations stated in the May 17, 1988 report from the Fire Chief. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Hunter, Kaywood and Pickler Ehrle and Bay None Mayor Bay. He urged as the information becomes available, that it be given to the Chamber of Commerce and the business community. 127/114: PETITION INITIATIVES - ADMISSIONS TAX AND MOBILE HOME PARK RENT STABILIZATION: Councilman Pickler stated that he would like the Council to go on record in opposition to the Mobile Home Rent Stabilization initiative which has been filed with the City. 539 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1988, 1:30 P.M. Councilman Hunter. He reiterated his previous comments that it is inappropriate for the Council to take any such action. Councilman Pickler moved that the Council go on record in opposition to the petition initiative regarding Mobile Home Rent Stabilization. Councilman Bay seconded the motion. Before a vote was taken, Councilman Hunter gave further comments relative to his opposition emphasizing that the issue is not even on the ballot at this point. He will be willing to express his view if the issue eventually becomes a ballot measure. For a governmental body to get together and vote on an issue before it is even on the ballot has a "chilling" effect and he feels it is prior restraint. Council Members gave additional input relative to the issue specifically relating to the Mobile Home Rent Stabilization issue at the conclusion of which, Councilman Ehrle stated he will not support a stand in opposition at this time; Councilwoman Kaywood expressed her concern that a successful initiative would undoubtely bring an end to Mobile Home Parks in the City of Anaheim. A vote was then taken on the foregoing motion regarding the petition initiative on Mobile Home Rent Stabilization: ~oll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pickier and Bay NOES: COUNCIL MEMBERS: Ehrle ABSTAINED: COUNCIL MEMBERS: Hunter ABSF2~T: COUNCIL MEMBERS: None Councilman Pickler moved that the Council go on record in opposition to the petition initiative regarding the establishment of an Admissions Tax in the City of Anaheim. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Ehrle stated he does not believe the Council should take a position at this time even though, as he has stated in the past, he is in opposition to an Admissi0ns Tax. Councilman Hunter. When the issue first arose he sent telegrams the first day he heard about it to Disneyland, the Angels, Rams, etc. stating his opposition. However, he is not going to vote on this motion either for the same reasons previously expressed on the other initiative. After additional discussion between Council Members, a vote was then taken on the foregoing motion: Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: Ehrle ABSTAINED: COUNCIL MEMBERS: Hunter ABSENT: COUNCIL MEMBERS: None 540 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, i988, 1:30 P.M. ITEMS OF PUBLIC INTEREST: Melody Burtt, 320 North Park Vista, Space #57, Anaheim. She is a mobile home owner who is not on a fixed income. Her space rent has gone from 3285 to $535 thus far and she has a problem calling that reasonable. She then read letter dated May 24, 1988 from the Anaheim Political Action Committee (APAC) signed by herself as Vice-President of the Committee. The letter quoted statements made by Council Members relative to the people's right to walk an initiative and subsequently to let the voters decide an issue. Being aware of the Council's view on the matter, A_PAC is questioning why the matter has again come up on a Council agenda. Dale Swift, 501 East La Palma Avenue. He intends to walk the petition on the Mobile Home Park Rent Stabilization. He will see to it that people are aware of how the City Council stands on the issue. Betty Ronconi, 1241 South Walnut. She is a member of Anaheim HOME. The sponsors of the petition initiative on the Admissions Tax. Their intentions are not dictated to them by anyone. Tourism is a great industry. An 8% Admissions Tax is very nominal and it would make such a difference in the City. RECESS: By general consent the Council recessed for ten minutes. (3:50 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:07 p.m.) 179: PUBLIC HEARING - RECLASSIFICATION NO. 87-88-45 AND NEGATIVE DECLARATION: INITIATED BY: Anaheim City Council 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION/fLEQUEST: Area generally bounded by Anaheim Boulevard to the west, Cypress Street to the south, The Union Pacific Railway to the east and La Palma Avenue to the north excluding the area bounded by Wilhelmina Street to the north, Sabimm Street to the west, Sycamore Street to the south and the Union Pacific Railway to the east; also excluding those properties fronting onto A~aheim Boulevard and 1~ Parma Avenue; also excludimg portions A, B and C described as follows: Portion (A), 3 properties comprising approximately 0.87 acre located at the northwest corner of Claudina Street and Wilhelmina Street; Portion (B), 7 properties comprising approximately 1.29 acres located at the southwest corner of Adele Street and Emily Street; Portion (C), i5 properties consisting of approximately 2.09 acres located on the north side of North Street from the alley west of Claudine Street to Olive Street. Petitioner requests reclassification of the subject property from RM-1200, C~, ML and CG to RM-2400 or a less intense zone. PLANNING COMMISSION ACTION: Resolution No. PC88-95 granted Reclassification No. 87-88-45; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested b~ Mayor Bay at the Council meeting of May 3, 1988, and public hearing scheduled this date. 541 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1988, 1:30 P.M. PUBLIC NOTICEREQUIREMENTS MET BY: Publication in Anaheim Bulletin May 12, 1988. Posting of property May 13, 1988. Mailing to property owners within 300 feet - May 13, 1988. PL~2qNING STAFF INPUT: See Staff Report to the Planning Commission dated April 11, 1988. Mayor Bay. He set the item for a public hearing because the Reclassification came through on the Planning Commission Informational Calendar prior to the Council voting on the General Plan Amendment for the area. The General Plan Amendment (GPA No. 227) was adopted on April 10, 1988 and it changed the General Plan to more or less agree with the subject Reclassification. Mayor Bay asked if anyone wished to speak. PUBLIC DISCUSSION- IN FAVOR: Keith Olesen, 321 North Philadelphia, Chairman of the Central City Neighborhood Council. He has a question relative the properties currently zoned RS-7200 which were not intended to be upzoned to RM-2400. It was RM-1200 being brought in line with RM-2400. This was included in the General Plan Amendment and excluded from the Reclassification. It was specifically deleted along with the areas that were deleted when they designated the area along the railroad track and along North La Palma. The other change that was made that is reflected is that the PDC zoning be allowed to remain PDC (Parking District Commercial). It was addressed at the Planning Commission level. Annika Santalahti, Zoning Administrator. She believes the definition and the legal description in the resolution of the Planning Commission is the same as the action Council took on the General Plan Amendment. Referring to the posted map, everything in the dark blue color which is RM-1200 will be rezoned KM-2400, blue is industrial and that will be rezoned, the bright orange would be rezoned and the pale orange piece as well. Relative to the PDC zone which is Parking District Commercial and which allows apartments, there are two pieces and those would remain as is. The lots fronting on La Palma Avenue bmve been excluded as well. Mayor Bay. His understanding is then that the RS-7200 will remain even though upzoned to an intent to RM-1200 for many years; Annika Santalahti, Zoning Administrator. She answered that was correct and it is not included in the resolution. She also clarified that the area is totally down-zoned with no up-zoning included. 542 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1988~ 1:30 P.M. Judy Olesen, 321 North Philadelphia. There are two properties, one at 310 North Philadelphia and one on the corner of Claudina and Sycamore that are in the process of being developed to RM-!200. She wants to know if those would be the last RM-1200 developments that will be allowed in the area. Mayor Bay. He asked staff, assuming the Reclassification is approved today, how many developments are in process that could be through the process prior to the 30 days it takes to enact this item. Annika Santalahti. She believes that there are four or five addresses that had a potential for building permits and that one or two would have required Commission action. That has not been taken and will not be taken. Those properties all have a good likelihood that within the next month and ten days they could very well have building permits. Sally Horton, 226 North Claudina. On the PDC zone the Planning Commission's intent was to have it remain PDC but change the zone from RM-1200 to RM-2400 because apartments are allowed in that zone and they wanted to allow only KM-2400. It does not sound like that is what is happening. Annika Santalahti. Thm PDC is a zone that she does not believe in i7 years they have placed on a piece of property. It was one of the original zones in Anaheim. She thought that particular zone actually allows RM-1200 development by right. She would like to verify that it is not surrounding multiple-family standards. COUNCIL ACTION: Mayor Bay closed the public hearing. Annika Santalahti. There are two parcels that are zoned PDC. That zone specifically allows RM-1200 development under RM-i200 standards and they could develop as such. Councilwoman Kaywood. She asked if they could change those to RM-2400 at this time. Annika Santalahti. Public notification did not indicate that was to be a part of the action today. They are not included in the change or in the public notice. Judy Olesen, 321 North Philadelphia. The Planning Commission pulled that out of the area because they did not want to take the Parking District away from Anaheim 543 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1988, 1:30 P.M. Boulevard. At that time, because it was PDC zoning and very limited, the intent was, if the Reclassification is approved, to redefine the PDC zone so it would go up only to RM-2400 and not RM-1200 but it would have to happen after all of the other actions took place. Mayor Bay. He clarified that was not part of the public hearing today. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment'. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-208) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-208 for adoption, approving Keclassification No. 87-88-45. Refer to Resolution Book. RESOLOTION NO. 8~R-208: A KESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ANAHEiM APPROVING RECLASSIFICATION NO. 87-88-45. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None The Mayor declared Resolution No. 88R-208 duly passed and adopted. 179; POBLIC HEARING - CONDITIONAL USE PERMIT NO. 2997 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Piaya Investments 314 S. Brookhurst, Suite 200, Anaheim, CA 92804 AGENT: Dhiren Shah 13144 Carmel Street, Cerritos, CA 90701 LOCATION/REQUEST: The property is located at 328 North Stanton Avenue. request is to construct a 3-story, 55-unit motel. The 544 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1988~ 1:30 P.M. PLANNING CO~ISSION ACTION: Resolution No. PC88-100 granted Conditional Use Permit No. 2997; approved EIR - Negative Declaration. HFARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of May 3, 1988. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May i2, 1988. Posting of property May 13, i988. Ma~ling to property owners within 300 feet - May 13, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 11, 1988. COUNCIL CONCER/~S: Councilwoman Kaywood. The property was described as being a "box like .... flat-roofed" structure. She is concerned that would give a very cheap appearance. This has occurred before where the developer has been willing to change the appearance so that it looks better. APPLICANT'S STATEMENT: Dhiren Shah, 13144 Carmel Street, Cerritos, CA 90701. It is individual whether a flat or pitched roof looks better. It also does not mean that flat roofs leak more than any other roofs. They are the owner/builder and will do a first class job. Councilwoman Kaywood. She reiterated her concern is the appearance of the "box like" structure that makes it appear cheap. Sometimes a mansard roof is enough to change a building's appearance. Annika Santalahti, Zoning Administrator. The elevation is posted on the Chamber wall. submitted. No renderings were PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Pickier, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received 545 City Hall, Anaheim~ California - COUNCILMINUTES - May 24, 1988~ 1:30 P.M. that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-209) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 88R-209 for adoption, granting Conditional Use Permit No. 2997. Refer to Resolution Book. RESOLUTION NO. 88R-209: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2997. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCILMEMBERS: Ehrle, Hunter, Pickier and Bay Kaywood None The Mayor declared Resolution No. 88R-209 duly passed and adopted. 155/179: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 273 (PREV. CERTIFIED) AND SPECIMEN TREE REMOVAL PERMIT NO. 88-05: A~PLICANT: OWNERS: Presley of Southern California Attn: David Graf 17991 Mitchell South, Irvine, CA 92714 AGENT'. Elfend & 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 remaining total of 42 Specimen Trees (for a total of 96 specimen trees in all - originally approved by the Planning Commission 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 Summit (formerly Oak Hills Ranch), on the southeast by Irvine Company property on tb~ west by the original Anaheim Hills Planned Community and further described as the Highlands at Anaheim Hills. PUBLIC NOTICEREQUIREMENTS MET BY: Publication in Anaheim Bulletin by developer. Posting of property May 13, 1988. 546 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1988~ 1:30 P.M. PLANNING STAFF INPUT: See Staff Report dated May 10, 1988 from the Planning Director, Joel Fick. APPLICANT'S STATEMENT: Frank Elfend, Elfend & Associates, 4675 MacArthur Court, Suite 660, Newport Beach, CA 92660. Presley of Southern California, the developer, has agreed to provide a two to one ratio of trees in excess of Code and have worked out a comprehensive mitigation plan with the Department of Fish and Game which will not only provide for over 675 Arroyo and Black Willow Trees but also provides a monitoring program to make sure the trees grow to a height indicative of those being removed. Not only is there replacement, but monitoring and a complete program for removal of those trees which was anticipated when the Specific Plan was approved. Mayor Bay asked if anyone wished to speak; there being no response, he closed the public hearing. City Attorney White. He recommended that approval include the finding that responsible and practical development of the property on which the trees are located requires removal of the trees which are the subject of the application. ENVIRONM~qTAL IMPACT REPORT NO. 273 (PREVIOUSLY CERTIFIED: Environmental Impact Report No. 273 was previously certified by the City Council on June 23, 1987 in conjunction with the approval of the Highlands at Anaheim Hills Specific Plan (SP87-1). The Environmental Impacts and mitigation measures associated with Specimen Tree Removals and the development of the subject project area for residential land uses as part of the Highlands at Anaheim Hills Specific Plan Development Area were addressed through the certification process for EIR No. 273. Councilman Bay moved therefore that the initial study indicates that no additional impacts above those covered in EIR No. 273 would result from the proposed removal of an additional 42 specimen trees (now totalling 96 specimen trees) and~ therefore~ the previously certified EIR No. 273 is adequate to serve as the required environmental documentation for the revised subject request. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Bay moved to approve Specimen Tree Removal No. 88-01 covering 42 specimen trees which, added to the 54 specimen trees previously approved to be removed, totals 96 specimen trees. Councilman Ehrle seconded the motion. MOTION CARRIED. 114: NO QUORUM ANTICIPATED - JULY 5, 1988: Councilman Pickler stated at this time it seems unlikely that a majority of the Council will be present on Tuesday, July 5, 1988. Therefore, he is recommending that there be no Council meeting that date. 547 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1988, 1:30 P.M. C~uncilwoman Kaywood. Since it is the first Tuesday of the month when night meetings are scheduled, she is suggesting that the night meeting be held on July 12, 1988. Councilman Pickler moved that it be determined it is un_likely a Council quorum will be present on July 5, 1988 and that July 12, 1988 will be the date for the July night Council meeting. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 179/114: SIGN PROLIFERATION - COMMERCIAL-RECREATIONAREA: Request by Mayor Pro Tem Pickler to discuss sign proliferation in the Commercial-Recreation area. Council to discuss possible enforcement measures. Submitted was report dated May 20, 1988 from the Planning Department/Code Enforcement section which listed six steps which would be necessary to take to obtain the information requested by Council at the Council meeting of May 17, 1988. Councilman Pickier. The program as outlined by the Code Enforcement Manager will be a beginning in cleaning up what can be corrected in the CR area which he feels is a necessity. Further, he has not had an opportunity to discuss the issue of utility poles in that area with the Public Utilities Director, Mr. Hoyt. Councilwoman Kaywood. In looking at the number of hours necessary to be devoted to the project, she is concerned that this time will be taken away from other important projects and she does not want to see that happen. Mayor Bay. The report made it clear that the newly authorized Code Enfozcement Officer position which will be filled in July, 1988 could be assigned to the area to complete the study. Councilman Ehrle. He suggested that a Task Force be formed to include the Hotel Industry and the Visitor and Convention Bureau where the Task Force would not only talk about signs, but also implementing some of the progressive projects outlined by Jack Lindquist at a recent meeting such as double decking ingress and egress out of Harbor Boulevard and other innovative improvements. Mayor Bay. Councilman Ehrle's suggestion is broadening the subject considerably. The request is to take a look at signs in the CR area - what is illegal and what is not which had been done to some extent in the past. Utility undergrounding was a recent subject of the Public Utilities Board and it is being discussed at that level aggressively. The Board may be making a recommendation to the Council. The subject at hand is strictly sign proliferation and whether existing signs are illegal or not. If illegal, the signs are to be cleaned up. Council's approval is necessary for the approximate $7,000 cost to complete the program. Councilman Bay moved to accept staff recommendations and report dated May 20, 1988 from the Planning Department/Code Enforcement Section and that the actions contained therein be implemented. Councilman Pickler seconded the motion. MOTION CARRIED. 548 City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1988, 1:30 P.M. 179: SIGN ORDINANCE - CRAREA: Councilman Pickler. He feels there is a need for a new sign ordinance in the subject area and staff should be directed to draft an ordinance that would be effective in limiting signs in the CK area to monument signs only. Mayor Bay. He does not disagree but if they are going to put "teeth" in an existing ordinance, he feels it is necessary to go through the public hearing process. Perhaps a motion to ask staff as they go through the study just authorized (see the foregoing action relative to sign proliferation in the CR Area) they could start to make recommendations on how the.sign situation can be improved and give staff time to look at a modified ordinance. Staff will not have the facts until the study is complete. What Councilman Pickler is saying he would like staff to also start looking at a proposed ordinance change that would tighten up the sign ordinance. City Attorney White. Legally there is no problem with taking action to remove existing signs installed illegally or in adopting a new ordinance that will apply to new construction. However, any ordinance that will require removal of non-conforming signs legally constructed will require the payment of compensation just as with billboards; Councilman Pickier confirmed that he was thinking only of new signs. No further action was taken at this time regarding the modification of the existing sign ordinance. 179/142: ORDINANCE NO. 4928 - REVIEW AND APPEALS OF PLANNING COMMISSION ACTIONS: (Revision A), 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 relating to the review and appeals of Planning Commission actions. This matter was discussed at the meeting of May 10, 1988, and the ordinance introduced at the meeting of May 17, 1988. Mayor Bay asked if anyone wished to speak, there was no response. Councilman Hunter offered Ordinance No. 4928, Revision A for adoption. to Resolution Book. Refer ORDINANCE NO. 4928: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.03.080 OF CHAPTER 18.03AND SUBSECTIONS .050AND .070 OF SECTION 18.12.080 OF CHAPTER 18.12 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING PROCEDURES. Before a vote was taken, Councilwoman Kaywood stated this will stop any one Council Member from setting a public hearing unless there is a second or, if not, that Council Member can set the public hearing if they pay the fee for doing so. She presumes this ordinance is aimed directly at her. If someone calls her and she reviews the item and agrees that a public hearing should be set but no other Council Member agrees, the timing is critical since it is the last day an item can be set. If the deadline passes, then the item will pass as the Planning Commission or Zoning Administrator approved or denied it. T~s will be stifling the voice of the people and not allowing the democratic process to continue. 549 City Hall, Anaheim~ California - COUNCIL MINUTES - May 24~ 1988, i:30 P.M. Councilman Ehrle. He sees this as a "housekeeping" issue. Everything that is warranted will get a second. Whoever makes the motion, the Council Members will review the matter and one of the four remaining Council Members can second the motion just as is done with other business. Councilman Pickler. He is going to oppose the ordinance. He feels as a Council Member he should have the right to set something for a hearing as well as being able to have something placed on a Council agenda. He realizes that Consent Calendar Informational Items are not to be discussed unless set. Perhaps they could briefly discuss some questionable items that will help in making determination. He emphasizes he still feels one Council person should be able to set an item for a public hearing. Mayor Bay. He does not feel the revision to the ordinance will have a thing to do as far as trying to lessen the voice of the minority position. What it will do is to stop the abuse of a singular minority position that encourages setting up public hearings for political posturing. It is a waste of time not only with the people involved with the hearings and the flow time before they can proceed with the process, but the cost of staff time and everything else to set an item when it is obvious that across the Council there is already generally a consensus agreeing with the decision made by the Planning Commission or Zoning Administrator. It is his opinion if there is something that is important enough or if there is considerable question over a decision made by the Planning Commission or Zoning Administrator that the Council questions and wants to debate, then there will be two or more votes to set it. Councilman Pickler's comments relative to being able to discuss the issue at the time it comes to the Council on a Consent Calendar and then to set it or not set it is not the intent. The City Attorney has informed the Council that such discussion should take place only during a public hearing or not take place at all. Councilwoman Kaywood then refuted statements made by the Mayor especially with regard to political posturing. She considered it to be an "amazing" ordinance showing the new Council majority in action. Councilman moved to waive reading of the ordinance in full. Councilman Pickier seconded the motion. Councilwoman Kaywood voted no commenting that it is extremely important that the ordinance be read in full. Since the motion to waive reading in full was not a unanimous vote wt~ch is required, City Clerk Sohl read the ordinance in full. A Roil Call Vote was then taken on the Ordinance: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter and Bay Kaywood and Pickler None The }[ayor declared Ordinance No. 4928 duly passed and adopted. 55O City Hall, Anaheim, California - COUNCIL MINUTES - May 24~ 1988~ 1:30 P.M. 179: C1. ZONING ADMINISTRATOR'S DECISION - MEETING OF MAY 5~ 1988: VARIANCE NO. 3785, CATEGOKICALt~ EXEMPT~ CLASS-3A OWNER: ROBERT C. LUNDSTROM & MARY A. LUNDSTROM, 939 South Lake Summit, Anaheim, CA 92807 LOCATION: 1125 South Tamarisk Drive Waiver of maximum structural height to construct a 2-story, 33-foot high to chimney and 29.5 foot high to roof peak single-family residence. V~riance No. 3785 APPROVED by the Zoning Administrator, DECISION NO. ZA88-23. A review of the Zoning Administrator's decision was requested by Councilwoman Kaywood and, therefore, a public hearing will be scheduled for a later date. C2. VAR~IANCE NO. 3786, CATEGORICAI3.Y EXEMPT, CLASS-3E OWNER: LOBEL FINANCIAL CORP., ATTN: GARY LOBEL, 2528 W. Woodland Drive, Anaheim, CA 92801 LOCATION: 1237 South Brookhurst Street Waivers of (a) minimum front setback and permitted encroachment and (b) maximum fence height to construct a 6-foot high wrought iron fence with gate adjacent to Brookhurst Street. Variance No. 3786 APPROVED IN ?ARY, by the Zoning Administrator, DECISION NO. ZA88-24. A review of the Zoning Administrator's decision was appealed by the applicant and, therefore, a public hearing will be scheduled for a later date. C3. VARIANCE NO. 3789 AND NEGATIVE DECLARATION OWNER: HARBORANAHEIM ASSOCIATES, ATTN: BRENT R. OGDEN, JR., 4040 MacArthur Blvd. #314, Newport Beach, CA 92660 LOCATION: 1150 North Harbor Boulevard Waiver of minimum number of parking spaces to permit a fast food pizza restaurant (Checker Board Pizza). Variance No. 3789 APPROVED by the Zoning Administrator, DECISION NO. ZA88-25. ZONING ADMINISTRATOR ADJUSTMENT ITk%MS: C4. ADMINISTRATIVE ADJUSTMENT NO. 0006, CATEGORICA]J.Y EXEMPT - CLASS-3: Request by Orda W. Smith and Michael W. Smith to construct an approximate 1,450 square-foot addition with waiver of minimum front setback (25 feet required; 21 feet proposed) at 1288 East Vermont Avenue. Administrative Adjustment No. 0006 APPROVED by the Zoning Administrator, DECISION NO. ZA~8-27. 551 City Hall, Anaheim, California - COUNCIL MiNUTES - May 24, 1988~ 1:30 P.M. C5. TEPdiINATING PROCEEDINGS - CONDITIONAL USE PERMIT NO. 581: Terminating all proceedings in connection with Conditional Use Permit No. 581 and declaring Resolution No. 64R-696 null and void, as requested by G. Clinton Pooley, Carma M. Pooley and Mary E. Pooley. Subject property is located at the northeast corner of Bali Road and Western Avenue. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-210) Councilman Bay moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution No. 88R-210 for adoption, refer to Resolution Book. RESOLUTION NO. 88R-210: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALT. PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 581 AND DECLARING RESOLUTION NO. 64R-696 NULL ANO VOID. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None The Mayor declared Resolution No. 88R-210 duly passed and adopted. 179: ORDINANCE NO. 4929: Councilman Pickler offered Ordinance No. 4929 for first reading. ORDINANCE NO. 4929: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING AND AMENDING VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RM~ATING TO SENIOR CITIZENS' APARTMENT PROJECTS. 179: ORDINANCE NO. 4930: Councilwoman Kaywood offered Ordinance No. 4930 for first reading. ORDINANCE NO. 4930: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING AND AMENDING VARIOUS SECTIONS AND SUBSECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF THE ~NAHEIM MUNICIPAL CODE KELATING TO PARKING KEQUIKEMENTS AND DEFiNITiONS OF CONVENIENCE MARKEYS. 179: REPORT - HEIGHT VARIANCES IN THE SCENIC CORRIDOR: To receive the report requested of Planning Staff dated May 24, 1988 and to consider the recommendation to further investigate and pursue the Scenic Corridor building height issue by assembling additional data, distributing information and soliciting input from interested Anaheim Hills residents, builders and professionals in the field, subsequently presenting associated findings to the Planning Commission and City Council. The height variances were discussed with the Planning Commission at the joint workshop of May 10, 1988. 552 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1988~ 1:30 P.M. Mr. Robert Zemel, Chairman, Anaheim Hills Citizens Coalition. He wants to be certain there is public input before any c~anges are made to the Scenic Corridor overlay zone ordinance and that in the meantime, the Zoning Administrator, Planning Commission and staff be instructed not to issue anymore variances. Because there is no opposition to some variance requests does not mean that a variance should be granted. There should be no more approvals until such time as the law is actually changed, if it is changed, and then the new law can be followed. The law as it stands now should be followed and variances not given at will. Mayor Bay. He assumes Mr. Zemel is asking for a moratorium on approval of variances until the law is changed or sustained as it stands; Mr. Zemel answered yes. Planning Director, Joel Fick. Several weeks ago, staff was asked to inventory the variances that had occurred in the canyon area and report back. The May 24, 1988 report is the result of the research. He then briefed portions of the conclusions and findings outlined in the report (see Page 4 of the report). In light of the information gathered, staff would like to do a more exhaustive and complete survey and subsequently take the matter back to the Planning Commission and the City Council. Mayor Bay. He has been concerned for some time that the general 25-foot height as a rule of thumb even though redefined as roof peak rather than chimneys was an important issue to clarify. It is past time they attempted to clarify the ordinances so that the Council understands what it is doing and not doing to development in the Hills. Councilman Bay moved that staff recommendations as stated in report dated May 24, 1988 from the Planning Department/Zoning Division be approved and the recommendations contained therein implemented. Councilman Ehrle seconded the motion. Before a vote was taken, Councilwoman Kaywood stated she is very concerned about the proliferation of requests for height variances as reflected in the report. She would like to see that none are able to hurry through the process before the report is completed. Councilman Hunter. Such a clarification will help the Council to be more policy makers than technicians. Once a policy is put in place, then the Council should stay with it with no exceptions. Councilman Ehrle. He agreed. will help everyone involved. deviation. Additional work and a further clarification Once the rule is set there should be no Mayor Bay. He does not agree that an ordinance can be so perfectly written that no variances will be requested or allowed, l~ere will always be exceptions and variances to deal with but the intent is that those will be the exceptions rather than the rule. 553 City Hall, Anaheim, California - COUNCIL MINUTES - May 24, 1988, 1:30 P.M. Councilwoman Kaywood. She does not agree that the 25-foot height limitation is unrealistic and too restrictive. For 20 years or more magnificent homes have been built in the Hill and Canyon area that have adhered to the 25-foot limitation. Planning Director, Joel Fick. He clarified for Councilwoman Kaywood that to §mtber the additional data and information with a report back to the Council could be accomplished within a couple of months. Councilwoman Kaywood was concerned that there could be 50 requests for height waivers during that time and she does not want to see such waivers being granted during the time of the study. She asked if it were possible to make the change quickly regarding the Scenic Corridor overriding the underlying zone. City Attorney White then briefed the current status of the situation regarding heights in the Hill and Canyon area. Currently the law is that the roof-line has to be at or under 25 feet but a chimney can be higher. At the same time, the Council requested an ordinance be prepared to memorialize that interpretation although it is legally not necessary to do so. Therefore, if the roof-line is at or under 25 feet even with higher chimneys, a person can pull a building permit. If the roof-line is higher than 25 feet, it requires a variance. It cannot be done as a matter of right. He also clarified that it never has been the law nor is it now that variances are approved simply because there is no opposition. Mr. Zemel. He again requested that the City Council direct staff to follow the law which he understands would include variances as the exception and not the rule. At this time he feels mixed messages are being given to staff. They are opposed to decision being made just because there is lack of opposition or the right opinions do not get down to the Council. A vote was then taken on the foregoing motion. MOTION CARRIED. 114/127/172: BOND MEASURE FOR THE CRITICAL INTERSECTION PLAN: Councilman Bay moved that the Council set for discussion for the meeting of ~'uesday, May 31, 1988 the possibility of placing on the November, 1988 ballot a Bond Measure to support the proposed critical intersection plan. Before action was taken, Mayor Bay stated that the critical intersection plan has not yet been submitted to the Council but he has followed closely the proposals that have gone through Planning Commission hearings and taken note of the serious opposition that has been encountered from the business community. While he supports the need for the improvements at critical intersections, it is time to start considering other than just the businessmen involved at each of the intersections. He would like to have Council discussion on the possibility of bonds to help support and accelerate critical intersection actions in the City with the help of bond money. Councilman Hunter seconded the motion. MOTION CARRIED. Mayor Bay stated that the Council needs to be brought up to date on where the critical intersection project stands in the present process. 554 City }~11, Anaheim, California - COUNCIL MINUTES - May 24, 1988, 1:30 P.M. City Cierk Sohl reported that the General Plan Amendment (GPA No. 2i0) covering the critical intersections is scheduled for a public hearing at the night meeting to be held July 12, 1988. 142/127: AMENDMENTS TO THE CITY CHARTER: Mayor Bay. He is concerned that in the City Charter it requires an absolute unanimous vote of the Council to accomplish the technicality of waiving reading in full of ordinances and resolutions. He thereupon moved that the Council set for discussion the possibility of placing on the November, 1988 ballot a measure amending the City Charter provision requiring a unanimous vote merely to waive reading of an ordinance or resolution in full. Councilman Hunter seconded the motion. Before a vote was taken, Mayor Bay stated that the Council should also be looking at some of the other things in the Charter of minor technical nature causing them a great deal of time at Council meetings. He would like the City Attorney to look at other such technicalities contained in the Charter. A vote was then taken on the foregoing motion. MOTION CARRIED. Councilman Bay moved to recess into Closed Session to discuss the balance of the items as announced earlier in the meeting by the City Attorney. Councilman Hunter seconded the motion. MOTION CARRIED. (5:55 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (6:59 p.m.) ADJOURNMENT: Counci]mmn Bay moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (7:02 p.m.) LEONORA N. SOHL, CIl~f CLERK 555