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1987/12/01City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. The Assistant City Clerk called the regular meeting of the Anaheim City Council to order at 12:00 noon and recessed same until 4:00 p.m. for lack of a quorum. The City Council of the City of Anaheim met in regular session. The Mayor called the meeting to order at 4:00 p.m. PRESENT: COUNCIL MEMBERS: Hunter, Kaywood, Pickler and Bay ABSENT: COUNCIL MEMBERS: Ehrle PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti CHIEF BUILDING INSPECTOR: Wayne West SENIOR REAL PROPERTY AGENT: Richard Santo PLANNING DIRECTOR: Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:30 p.m. on November 25, 1987 at the Civic Center kiosk, containing all items as shown herein. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. 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 0.C.S.C.C. No. 46-96-59; City of Anaheim vs. County of Orange 0.C.S.C.C. No. 50-96-78. b. Labor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potentlal litigation pursuant to Government Code Section 54956.9(c). Councilman Bay moved to recess into Closed Cession. seconded the motion. Councilman Ehrle was absent. (3:20 p.m.) Councilman Pickler MOTION CARRIED. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Ehrle, and welcomed those in attendance to the Council meeting. (7:01 p.m.) INVOCATION: Mary Hibbard, Anaheim United Methodist Church, gave the Invocation. 1093 City Hall, Anaheim, California - COUNCIL'MINUTES - December 1, 1987, 4:00 P.M. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Bay and authorized by the City Council: Hospice Week in Anaheim, December 1-7, 1987. Pastor Steiff and Mary Andrews accepted the Hospice Week proclamation. 119: DECLARATION: An Expression of Congratulations was unanimously adopted by the City Council and presented to Barbara DeBow for her contributions toward the betterment of her students at Ball Jr. High School. Ms. DeBow was chosen as one of four finalists for State Teacher of the Year Award by the California State Department of Education. She was personally congratulated by the Mayor and Council Members. 119: RATIFICATION OF DECLARATION: The Council ratified an Expression of Recognition which was presented to Dr. Earl Reum for his many years of dedication and contributions to Anaheim student leaders. The Declaration was previously presented by Mayor Pro Tem Pickler. 119: PRESENTATION - SISTER CITY COMMITTEE: Mrs. June Lowry of the Sister City Committee, on behalf of the Committee and on behalf of Anaheim Sister City, Mito, Japan presented Mayor Bay with the following: A Resolution from the State of California, commemorating the 10-year anniversary of the Sister City relationship between the City of Anaheim and the City of Mito, Japan; a Resolution from the County of Orange also commemorating the 10th anniversary milestone; a Certificate from Mito, Japan to mark the 10th anniversary of the relationship between the two Cities signed by Mayor Kay Stgawa and lastly, a plaque from the citizens of Mito and its Mayor to Mayor Bay with the inscription, "May our friendship last forever". Commemorative programs were also presented to the Council Members marking the recent visit of the Sister City Committee Contingency to Mito, Japan. Mayor Bay, on behalf of the Council, thanked Mrs. Lowry for the presentation and also thanked Mayor Pro Tem Irv Pickler who made the recent trip to Japan in commemoration of the 10-year Sister City relationship. He also thanked the members of the Sister City Committee who have worked so diligently in keeping the relationship between Mito and Anaheim alive. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held October 20 and November 3, 1987 and the adjourned regular meeting of October 20 (held October 27, 1987). Councilman Hunter seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,33,831.63 for the period ending November 20, 1987 and $1,949,046.56 for the period ending November 25, 1987, in accordance with the 1987-88 Budget, were approved. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: The titles of the following resolutions were read by the Interim City Manager. 1094 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. Councilman Pickler moved to waive the reading in full of all ordinances and resolutions on the Consent Calendar, after reading of the title thereof, and that consent to waiver is hereby given by all Council Members, un_less after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilwoman Kaywood seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 87R-488 through 87R-489, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance Nos. 4884 and 4885 for first reading. 1. 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 Virgene Droesbeke for wrongful death due to design and maintenance of street on or about August 9, 1987. b. Claim submitted by Supercross, Inc. for contractual dispute due to actions of the City on or about January 1, 1987. c. Claim submitted by Myrtle L. Larson for slip and fall at Anaheim Senior Citizens Center on or about September 25, 1987. d. Claim submitted for Garrett Jones for wrongful death purportedly due to actions of the City on or about July 19, 1987. e. Claim submitted by General Exposition, Inc. for indemnification and contribution due to actions of the City on or about October 18, 1986. f. Claim submitted by Manuel Preduim for property damage sustained purportedly due to actions of the City on or about September 25, 1987. g. Claim submigted by Dana A. Roessner for property damage and bodily injury sustained purportedly due to actions of the City on or about July 16, 1987. h. Claim submitted by Lisa Shaw for bodily injury sustained purportedly due to actions of the City on or about July 18, 1987. 2. Receiving and filing the following correspondence: (on file) a. 105: Community Services Board, Minutes of October 8, 1987. b. 107: Building Division, Statistical Report for period ending October 31, 1987. 1095 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. c. 105: Senior Citizens Commission, Minutes of October 8, 1987. d. 105: Public Utilities Board, Minutes of October 15, 1987. 3. 153/152: Authorizing the Human Resources Director to solicit proposals and interview executive search firms specializing in the utilities engineering field and negotiate an agreement with the selected firm to recruit for an Assistant General Manager - Engineering, Electrical Engineering Manager and Principal Electrical Engineer. 4. 153: Receiving and filing the Quarterly Report on settlement of wage claims resulting from employee grievances (August - September, 1987). 5. 123: Authorizing an Agreement No. 3848 with Caltrans, for landscaping of embankment slopes at Miraloma Avenue, Sunkist Street, Tustin Avenue, Riverdaie Avenue and La Palma Avenue on Route 91 and 57 Freeways. 106: Approving the modification of the Public Works - Engineering Department FY 87/88 program budget by adding the Route 91/57 Slope Landscaping Project to Program 792, and increasing revenues and expenditures by $200,000. 6. 123: Authorizing an agreement with Newport Pacific Realty and Investment Corporation to provide 9 affordable rental units in a proposed 111 unit apartment project to be located at 2736-2740 West Lincoln Avenue. 7. 106: Authorizing modification of the Public Works - Engineering Department 1987-88 Resource Allocation Plan by increasing the allocation in Program 791, Storm Drains, by $870,736 for the East Richfield Channel and the Walnut-Goodhue Storm Drain. 8. 161: Receiving and filing the Annual Progress Report for the Anaheim Redevelopment Agency for fiscal year 1986/87, in accordance with Section 33080, Calif. Health and Safety Code. 9. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order~rithout competitive bidding to the Anaheim Public Improvement Corporation in the amount of $33,369 for 28 infrared tube heaters for the Fleet Maintenance vehicle service facility. 10. 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 ~11,949.98 for one power sweeper for the Convention Center. 11. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $36,292.28 for one loader/backhoe, in accordance with Bid Proposal #A-4502. 12. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $42,940.73 for two walk-in type vans, in accordance with Bid No. A-4509. 1096 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987~ 4:00 P.M. 13. 153: RESOLUTION NO. 87R-488: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WHICH ESTABLISHES RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL CITY EMPLOYEES UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (creating the classifications of Typesetting Technician, U 1109 and Typesetting Technician Trainee, 907, effective December 11, 1987) 14. 158: RESOLUTION NO. 87R-489: 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. 15. 150/142: ORDINANCE NO. 4884: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 11.04.100 TO CHAPTER 11.04 OF TITLE 11 OF THE ANAHEIM MUNICIPAL CODE ~mLATING TO TRESPASSING IN WETLAND HABITATS. 16. 149/142: ORDINANCE NO. 4885: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.320 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE TO PERMIT ISSUANCE OF PARKING CITATIONS BY ADDITIONAL CITY EMPLOYEES. (to permit issuance of parking citations by contract parking checkers) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hunter, Kaywood, Pickier and Bay None Ehrle The Mayor declared Resolution Nos. 87R-488 and 87R-489 duly passed and adopted. Councilman Ehrle was absent. MOTION CARRIED. End of Consent Calendar. 124/106: BETTERMENT III ARCHITECTURAL CONTRACT/FEES: Submitted was report dated November 18, 1987 from the Convention Center General Manager, Lynn Thompson, recommending the appropriation of ~949,390 from the General Benefits Fund to the Convention Center Fund for the subject contract. Mr. Curtis Stricker, 1117 Wakefield Place. He is concerned with the amount proposed to be spent for the design construction of the Convention Center parking garage. He has checked with other architects and feels the fee amount for the services the City is going to get is too high. He asked that the Council not act on the recommendation until they have investigated the matter further and are provided with evidence relating to those figures. Mayor Bay. He explained first that this was not limited to architectural design money but it also involved administrative management during the construction period and the whole project. He also explained that the subject amount in the original $1.6 million that was appropriated from the City toward the Betterment III design is not coming out of the Anaheim City General Fund. It is a loan of money out of the City's General Benefits Fund until the time the actual bonds are issued or whatever is issued to finance the whole Betterment III expansion. When the bonds are issued, the $1.6 million plus 1097 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. the $900,000 will immediately come back to the Anaheim General Benefits Fund. The project was approved by a unanimous vote of the City Council and the Community Center Authority on October 29, 1987. It was not approved by the Anaheim Union High School District but that did not have an effect on the actual financing of the project; however, the City would still prefer to have the School Board majority vote in favor and are still hoping that will occur. City Manager, Bob Simpson. They will be happy to provide Mr. Stricker with the numbers he requested. The actual architectural fee included in the $949,000 is $461,000, which is probably in line, based on the estimate of construction costs of the garage. The meeting on the 29th was only to certify the Environmental Impact Report. The funding for the project has not yet been voted on. As the Mayor explained, the monies that are being borrowed from the City's General Benefits Fund will be repaid when that bond issue has been sold. MOTION: Councilman Pickler moved to appropriate an amount not to exceed $949,390 from the General Benefits Fund to the Convention Center Fund to be administered by the Community Center Authority to implement the contract amendment with the architect for Betterment III relating to the design of the parking structure to be located at the corner of Convention Way and West Street, bidding services and contract administration, as recommended in memorandum dated November 18, 1987. Councilman Bay seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. 123: BUS SHELTER PROGRAM - ASSIGNMENT OF AGREEMENT: Submitted was report dated November 3, 1987 from the City Engineer, Gary Johnson, recommending the assignment of the agreement with Shelter Media, to Shelter Media Communications Inc., for the City's bus shelter program. Councilwoman Kaywood asked if Shelter Media had built the number of shelters they promised they would build. Gary Johnson, City Engineer. They have been in compliance with their contract and are proceeding in accordance with the agreement. The recommendation is merely an assignment of that agreement. He will provide additional information in the coming week as to the status of their work. Councilwoman Kaywood. She wants to know how many shelters there are. The ~helters have been maintained but she does not know if they have built as many as promised. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. Councilman Bay moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. Councilman Ehrle was absent. CARRIED. MOTION Councilwoman Kaywood offered Resolution No. 87R-490 for adoption, consenting to an assignment of an agreement with Shelter Media, to Shelter Media Communications Inc., for the City's bus shelter program, as recommended in memorandum dated November 3, 1987 from the City Engineer. Refer to Resolution Book. 1098 City Hall, A~_aheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. RESOLUTION NO. 87R-490: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO ASSIGNMENT OF AN AGREEMENT FROM SHELTER MEDIA, A LIMITED PARTNERSHIP, TO SHELTER MEDIA COMMUNICATIONS INC., A CALIFORNIA CORPORATION. Roll Call Vote: AYES. · NOES: ABSENT: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Hunter, Kaywood, Pickler and Bay None Ehrle The Mayor declared Resolution No. 87R-490 duly passed and adopted. 123: STADIUM FIELD IRRIGATION SYSTEM REPLAC~4ENT: Submitted was staff report dated December 1, 1987, recommending that the Council authorize an agreement with Austin Company for the replacement of the Stadium Field Irrigation System. MOTION: On motion by Councilman Bay, seconded by Councilman Hunter, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting, on Wednesday, November 25, 1987, at 2:30 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. Councilman Ehrle was absent. MOTION CARRIED. MOTION: Councilman Bay moved to authorize an agreement with the Austin Company in the amount of $19,786.00 for the replacement of the Stadium Field Irrigation System, as recommended in memorandum dated December 1, 1987. Councilman Hunter seconded the motion. Councilman Ehrle was absent. MOTION 108/142: ORDINANCE NO. 4886 - APPEALS - TRANSIENT OCCUPANCY TAX (TOT) PROCEEDINGS: Amending Subsection .010 of Section 2.121.070 of the Code, pertaining to appeals of hearing officer determinations in Transient Occupancy Tax proceedings. Submitted was report dated November 17, 1987 from the City Attorney, recommending the proposed ordinance. City Attorney White explained that the ordinance would authorize the City Manager or City Treasurer to file an appeal from any decision of a Hearing Officer relating to an imposition of a hotel or motel Transient Occupancy Tax. Currently the Code only authorizes the hotel/motel operator to file an appeal. It does not give City staff or the City itself a similar right. It would be appropriate for City staff to have the same rights and on that basis he is recommending the ordinance Councilwoman Kaywood offered Ordinance No. 4886 for first reading. ORDINANCE NO. 4886: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 2.12.070 OF CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO APPEALS OF HF2%R_ING OFFICER DETERMINATIONS IN TRANSIENT OCCUPANCY TAX PROCEEDINGS. 105: RESIGNATION FROM THE COMMUNITY SERVICES BOARD: Councilwoman Kaywood moved to accept, with regret, the resignation of Judy Olsen from the Community 1099 Cit~ Hall, Anaheim, California - COUNCIL'MINUTES - December 1, 1987, 4:00 P.M. Services Board, as tendered in her letter of November, 1987, and authorizing the City Clerk to post said unscheduled vacancy. Councilman Bay seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. Councilwoman Kaywood requested that a letter of thanks be sent to Mrs. 01sen for her four years of service on the Board. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held November 9, 1987, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 87-88-23: Submitted by Barbara J. Polentz, for a change in zone from RS-A-43,000 to CL, to construct a single-story, 4,000 square foot medical building on property located at the northeast corner of La Palma Avenue and Leisure Court. The City Planning Commission, pursuant to Resolution No. PC87-231, granted Reclassification No. 87-88-23, and granted a negative declaration status. 2. VARIANCE NO. 3722: Submitted by Yolanda and Raymond A. Masciel, to establish a 2-lot subdivision and to construct 2 single-family residences on roperty located at 1010 No. West Street, with the following Code waivers: a) Minimum lot area, (b) minimum front yard setback, (c) required garage setback, (d) minimum side yard setback, (e) minimum rear yard setback. The City Planning Commission, pursuant to Resolution No. PC87-232, granted Variance No. 3722, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2958: Submitted by Mun Kyo Cho and Hyon Sun Cho, to retain a 672 square foot billboard on ML zoned property located at 806 No. Brookhurst Street, with Code waiver of permitted location. The City Planning Commission, pursuant to Resolution No. PC87-235, granted Conditional Use Permit No. 2958, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2962: Chi Yang Lan and Chert Li Su Lan, (Anchor Motel), to construct a g-unit addition to an existing 20-unit motel on CL zoned property located at 1538 East Lincoln Avenue, with the following Code waivers: (a) Required type of parking spaces, (b) minimum dimensions of covered spaces. The City Planning Commission, pursuant to Resolution No. PC87-238, granted Conditional Use Permit No. 2962, and granted a negative declaration status. 5. VARIANCE NO. 3604: Submitted by Signe Ferguson, for an extension of time for Variance No. 3604, to construct a triplex on property located at 836 So. Philadelphia Street, with Code waiver of minimum building site area, to expire October 13, 1988. The City Planning Commission, pursuant to Resolution No. PC87-240, approved Variance No. 3604. 1100 City Hall, Anaheim, California - COUNCIL MINUTES - December 1~ 1987~ 4:00 P.M. 6. CONDITIONAL USE PERMIT NO. 1720--TERMINATION: Submitted by Albert J. Marshall, requesting termination of Conditional Use Permit No. 1720, to permit a recreational vehicle park in conjunction with a motel on property located at 2736-2740 West Lincoln, with certain Code waivers, to comply with conditions of approval of Variance No. 3654. The City Planning Commission, pursuant to Resolution No. PC87-240, terminated Conditional Use Permit No. 1720. 7. CONDITIONAL USE PERMIT NO. 2695 (REV. 2) (READV): Submitted by Thrifty Oil Company, request for approval of revised plans to permit a convenience market with gasoline sale and off-sale beer and wine on CL zoned property located at 2801 West Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC87-224, recommended denial of Conditional Use Permit No. 2695 (Rev. 2) (Ready), and previously approved a negative declaration status. A review of the Planning Commission's decision was appealed by the applicant and, therefore, a public hearing would be held at a later date. 8. RECLASSIFICATION NO. 87-88-20: Submitted by City of Anaheim, for a change in zone from ML to CL to bring subject properties into conformance with the General Plan, consisting of approximately 14.8 acres located at the northeast corner of Cerritos Avenue and Anaheim Boulevard (1490 South Anaheim Boulevard and 333 East Cerritos Avenue). The City Planning Commission, pursuant to Resolution No. PC87-225, denied Reclassification No. 87-88-20, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilman Pickler and, therefore, a public hearing would be held at a later date. 9. CONDITIONAL USE PERMIT NO. 2955: Submitted by Robert Louis and Helen A. Clark, (Chevron Service Station), to permit gasoline sales in conjunction with a proposed convenience market on CL zoned property located at 2175 West La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC87-233, granted Conditional Use Permit No. 2955, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilman Pickler and, therefore, a public hearing would be held at a later date. 10. CONDITIONAL USE PERMIT NO. 2953: Submitted by F. J. Hanshaw Enterprises, Inc., et al, to permit a 672 square foot billboard on CL zoned property located at 1112 North Brookhurst Street, with Code waiver of maximum height (denied). The City Planning Commission, pursuant to Resolution No. PC87-234, granted in part, Conditional Use Permit No. 2953, and granted a negative declaration status. 1101 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. A review of the Planning Commission's decision was appealed by the applicant and, therefore, a public hearing would be held at a later date. 11. CONDITIONAL USE PERMIT NO. 2954: Submitted by Dwyer J. and Susan M. Beesley, to permit a 2-story, 26-foot high, 9-unit senior citizen's affordable apartment complex on RS-A-43,000 zoned property located at 125 North Gilbert Street, with Code waiver of minimum building site area per dwelling unit. Note: Density bonus exceeds 25 % limit set forth in Council Policy No. 543. The City Planning Commission, pursuant to Resolution No. PC87-236, granted Conditional Use Permit No. 2954, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilman Pickier and, therefore, a public hearing would be held at a later date. Dwyer Beesley requested to speak. He is the applicant on Conditional Use Permit No. 2954. He questioned why the matter was being set for a public hearing. Councilman Pickler. He feels that 9 units in that area of Gilbert is too heavy a density, especially considering the traffic on that street. Councilwoman Kaywood asked if there were elevators proposed in the project; Mr. Beesley answered no since it was only a 2-story complex. Councilwoman Kaywood expressed concern in observing other senior citizen apartments, many of which were sitting vacant on the second floor, since the elde=ly do not wish to walk upstairs. She thereupon asked that staff look at the ordinance for senior citizen projects and require an elevator even if only 2-stories. Annika Santalahti, Zoning Administrator. They can draft a standard condition to be included in all staff reports requiring that senior projects have elevators. 12. CONDITIONAL USE PERMIT NO. 2961: Submitted by B. W. and Marcella V. Walters, to permit an 80-unit affordable senior citizen's apartment complex on CL zoned property located at 2222 West Colchester Drive and 835 So. Brookhurst ~treet, with Code waiver o£ minimum site araa per dwelling unit. Note: Density bonus exceeds 25% limlt set forth in Council Policy No. 543. The City Planning Commission, pursuant to Resolution No. ?C87-237, granted Conditional Use Permit No. 2961, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing would be held at a later date. 13. CONDITIONAL USE PERMIT NO. 2963: Submitted by Sigmund J. and Gloria M. Sliwoski, (Games Plus), to permit on-sale beer in an existing billiard parlour and amusement arcade on CL zoned property located at 3242 West Lincoln Avenue, with Code waivers of minimum number of parking spaces. 1102 City Hall, A~abeim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. The City Planning Commission, pursuant to Resolution No. PC87-239, granted Conditional Use Permit No. 2963 for one year, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing would be held at a later date. 14. CONDITIONAL USE PERMIT NO. 2950 (REV. PLANS): Submitted are revised plans for property located at 1177 So. State College Blvd. Planning Staff requested a determination from the Planning Commission as to whether these plans are in conformity with previous actions, and it was determined they are and no further action is necessary. Councilman Pickler posed questions to staff relative to the subject. He also wanted the staff to continue to study CO zoning for the subject property which was one of the recommendations listed on page 2 of the November 9, 1987 staff report. He would be in favor of an office use but not retail since the proposal was adjacent to residential. He felt retail use would only cause problems in the future. Annika Santalahti, Zoning Administrator. Council could direct staff to prepare a Reclassification for zoning from CL to CO. However, the developer has prepared revised plans and is getting ready to submit those to Plan Check. He coming in under the CL zone with a straight retail center. Councilman Pickler. He is concerned with CL. He would have preferred that the Planning Commission determine that the staff should continue to study the CO zoning for the property. City Attorney White. By the time the study is complete, the developer will be through Plan Check and will have or be entitled to building permits. The only limitation the City could impose would be to adopt a moratorium on building in the CL zone while the study is being conducted. Councilman Pickler moved to declare a moratorium on the subject parcel until a study by staff is completed. Before action was taken, City Attorney W~L{te explatnad ~n order to hava a moratorium, it will be necessary to prepare an ordinance and bring it back to the Council. It will take four votes to adopt such a moratorium whereas only a majority (3 votes) can direct staff to prepare the ordinance. Councilman Pickier amended his motion to direct staff to prepare an ordinance declaring a moratorium on CL zoning for the subject property. Councilwoman Kaywood seconded the motion. The motion failed to carry by the following vote: Roll Call Vote: 1103 City Hall, Anaheim, California - COUNCIL MINUTES - December 1~ 1987~ 4:00 P.M. AYES: COUNCIL MEMBERS: Kaywood and Pickler NOES: COUNCIL MEMBERS: Hunter and Bay ABSENT: COUNCIL MEMBERS: Ehrle No further action was taken by the Council. End of Planning Commission Informational Items. 179: REQUEST FOR WITHI~AWAL OF AN APPEAL - RECLASSIFICATION NO. 87-88-07, VARIANCE NO. 3685 AND WAIVER OF COUNCIL POLICY NO. 542: Request from Farano and Kieviet for withdrawal of appeal of Reclassification No. 87-88-07, Variance No. 3685 and Waiver of Council Policy No. 542. Property located at 1500 West Broadway. This matter was discussed at and continued from the meeting of November 17, 1987, to this date. (See minutes that date). City Clerk Sohl. It is recommended that the subject request be continued one additional week to December 8, 1987. The City is still waiting for a letter from Mr. Monshizadeh concurring with the request for withdrawal. There is time until December 14, 1987 to set the matter for a public hearing. MOTION: Councilman Bay moved to continue the request for withdrawal on the subject Reclassification and Variance for one week. Councilman Hunter seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. 107: REQUEST FOR REHEARING - SPECIAL PERMIT - HOUSE MOVE-ON - 514 EAST BROADWAY: Request by Farano and Kieviet, attorney representing Sam Difilippo, requesting a Rehearing of the Special Permit (House Move On) at 514 East Broadway, which was denied on July 28, 1987. This matter was continued from the meetings of November 10 and November 17, 1987 to this date. (See minutes those dates). Mayor Bay noted that the matter was continued from the previous meeting to this date due to lack of a full Council. Unavoidably there was no full Council this week as well, due to Councilman Ehrle's absence since his mother is gravely ill. Mr. Frances Nutto, 621 Jambolaya Street, requested to speak. He then read a prepared statement (made a part of the record). His statement contended that the buildings which were illesally moved to the site had numerous violations of the Zoning Code and the Building Code and there were also not enough parking spaces. He asked that the City Council reject the project unanimously and order the structures to be removed. Councilman Pickler. He understands the way the structure will be oriented on the lot it meets all building and zoning requirements. Annika Santalahti, Zoning Administrator. Although it will require modification to the buildings the way they are currently, they can comply with Code. The information given to her showed that the structures can comply. Mayor Bay. He referred to memorandum dated November 16, 1987 from Wayne West, the City's Chief Building Official which is a part of the agenda material 1104 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. stating, "Attached is a copy of a plot plan (referring the subject house move-on) that he received this afternoon from Sam Difilippo. The plot plan, as it exists, meets current Building and Zoning requirements." Therefore, it is not a question of a waiver or variance on meeting the zoning. That is not the issue. Mr. Nutto urged the Council to investigate the matter before doing anything. City Attorney White. He pointed out this is not a public hearing. It is only a determination by the Council on a request for rehearing and the basis on which the request would be granted or denied. Any testimony relating to the merits of the matter is out of place at this time. He then gave the chronology of events leading to the second request for rehearing which is before the Council today. The applicant is within his rights to be requesting another rehearing at this time. It is totally up to the Council. Councilwoman Kaywood. At the meeting of July 28, 1987 (see minutes that date) there was a discussion regarding a timeframe for removing the structure since it had been sitting on the subject property without permission since February. Thirty days was the time discussed but no formal action was taken on the time for removal. City Attorney White. Part of the difficulty lies in the fact that until the administrative process becomes final by exhausting the last available appeal, the courts would be very unlikely to entertain an application either for an injunction or a criminal complaint while such a process is still pending. This is the last step of the administrative process. If the Council denies the request for a rehearing, the matter becomes final administratively. The staff then would be able to take immediate action. If the rehearing is granted, that hearing will bring the matter back under Council jurisdiction to be heard at a later date. Glen McLellan, 511 East Broadway. He met with Mr. Difilippo's attorney last night. There are still no new plans so there was nothing to show the neighbors. It was indicated if they go a new hearing they could present new plans. He does not believe it is possible to modify the building to meet zoning requirements. He urged the Council not to grant the rehearing because there has been absolutely no progress in almost a year's time and no cooperation with the neighborhood. Joe Smith, 5205 East Rolling Hills Drive. He urged that all subsequent meetings regarding this issue be held in the evening. It was determined by a show of hands, requested by Mayor Bay that 13 to 15 people were present on this subject. Floyd Farano, Farano & Kieviet, representing the applicant, Mr. Difilippo. He filed a letter with the Council dated November 13, 1987, listing four points that he intends to bring to the Council if a rehearing is granted. It is new material. The petition for reconsideration of the issue is an absolute must to protect Mr. Difilippo's legal rights. They have no choice but to proceed with the action for the purpose of exhausting administrative remedies. 1105 City Hall, Anaheim, California - COUNCIL'MINUTES - December 1, 1987, 4:00 P.M. Mayor Bay asked if the request for a rehearing is denied, does that exhaust his administrative remedies; Mr. Farano answered it did. Whether the Council hears the matter or decides not to grant a rehearing would exhaust their administrative remedies. City Attorney White concurred. Councilwoman Kaywood. Initially the applicable ordinance was changed because of the wording that took away rights of the governing body that when 51% of the neighborhood opposed the move-on, the Council had no choice but to deny the request. Now it seems to her that the neighborhood has no rights. City Attorney White. The criteria for approving a house move-on are as set forth in the Code. He does not think that that gives the neighborhood no rights. It is part of the public hearing process. The reason for hearings are so that the neighborhood can express opinions or present evidence as to whether or not those criteria that are in the Code have been satisfied. Those are the rights any neighbors have in any type of hearing process, be it a zoning hearing or in this case a building oriented hearing. MOTION: Councilman Hunter moved to deny the request for a rehearing of the Special Permit (House Move On) at 514 East Broadway. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Pickler stated he was going to vote against the motion. He feels if the rehearing were granted, the applicant could provide a plan showing conformity with the area. A vote was then taken on the foregoing motion of denial and carried by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: Ehrle Councilman Hunter thereupon moved to grant a 30-day timeframe in which the ~trueture id to be removed from the property. Councilwoman Kayw0od seconded the motion. Before any action was taken, Mayor Bay stated he was not sure that 30 days is reasonable; Mr. Farano stated that his client is requesting 60 days. MOTION: Councilman Bay moved that the subject structure be removed from the property within 60 days. Councilman Hunter seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. RECESS: By general consent, the Council recessed for ten minutes. (8:20 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, with the exception of Councilman Ehrle. (8:35 p.m.) 1106 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. 179: CONTINUED PUBLIC HEARING - VARIANCE NO. 3585--AMEND CONDITIONS OF APPROVAL: APPLICANT: Hugo Vazquez, Young Lion Development 2240 West Lincoln Avenue Anaheim, Ca. 92801 REQUEST/ZONING/LOCATION: Request to amend condition of approval: Condition No. 11, Provision d, of Resolution No. 86R-469. This resolution granting Variance No. 3585, to construct a 50-unit (granted 44 units) apartment complex on 2.1 acres, having a frontage of approximately 152 feet on the west side of Western Avenue, approximately 590 feet north of the centerline of Lincoln Avenue, (295 and 211 No. Western Avenue), with various Code waivers. HEARING SET ON: Required when there is a request to amend conditions of approval. After extensive discussion and testimony this matter was continued to this date from the meeting of November 17, 1987. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 5, 1987. Posting of property November 6, 1987. Mailing to property owners within 300 feet - November 5, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 12, 1987, recommending consideration by the Council of an amendment to provision (d) of Condition No. 14 of Resolution No. 86R-469. CEQA FINDING: At its meeting of November 17, 1987, the City Council approved an EIR negative declaration for this project. Mayor Bay. The public portion of the hearing was closed at the previous meeting. The continuance was to give an opportunity for revised drawings to be submitted and evaluated by staff in order to solve the problem of retaining the integrity of the buffer zone. He asked to hear first from staff. Wayne West, Chief Building Official. There was a problem with exiting out the rear of the property which encroached into the 23-foot setback. That has been resolved by the stairways now coming out the front. Previously, there was not enough space on the front of the building for the required 10 feet. They were able to move the building back to acquire that 10-foot for the exit corridor. However, by moving the building back, it was necessary to encroach into the landscaped setback area by 2-feet (from 23 feet to 21 feet) but still leaving 21 feet which would serve the intent of what was trying to be accomplished by a buffer zone. The plans were submitted yesterday at 11:00 a.m. They have not been completely checked but the floor plan and site plan show that the setbacks 1107 City Hall, Anaheim, California - COUNCIL MINUTES - December 1~ 1987~ 4:00 P.M. APPLICANT'S STATEMENT: PUBLIC INPUT: and the necessary exits from the parking structure would meet minimum Code. It was now a matter of going through the process of checking for structural integrity. Mayor Bay. He surmised that the technical problems of ingress/egress for fire safety was solved but that resulted in a reduction of the buffer area from 23 feet to 21 feet; Mr. West answered that was correct. Hugo Vazquez. He first confirmed for the Mayor that he had not talked to the neighborhood group about the changes. He has worked completely with the Building Department. In order to provide the required exits, they had to completely re-engineer and redraw the plans to accommodate the intended purpose of the buffer zone area. There will now be absolutely no necessity for any person to intrude into the buffer zone area. Mayor Bay asked to hear from a spokesman from the neighbors adjacent to the subject property. Steve Worrell, Presidential Tract, Buena Park. He briefly viewed the plans before the beginning of the hearing. Once again the 13 points contained in the compromise agreement between the neighbors and Mr. Vazquez have been disregarded. At the last hearing, they left with a 23-foot setback and now it is a 21-foot setback. Item 2 of the agreement which was signed by Mr. Vazquez clearly states that all parking is to be a full 10-feet below ground level with a 23-foot setback from the Buena Park northerly boundary line. Now it is 6 feet away. They are asking the Council to uphold the 23 feet unusable setback. The residents are also concerned that since their homes are built within 5 to 6 feet of the property line that earth moving and digging equipment to get down to 10 feet will be structurally detrimental to their hom~. Tha probl~m~ hava arisen baeau~ of th~ vary narrow ~ize of the lot, a large portion being only 78 feet wide. Too many units are proposed for the property. The leading units in the lot are actually 28 feet high. Everything within 103 feet of the boundary is supposed to be single-story but 28 feet seems high to him. The landscaping that was supposed to be done on the Buena Park side has not been completed to this date. The plan is not acceptable to the Buena Park neighborhood as a group. Hugo Vazquez. He has received nothing in writing that the landscaping has not been complete on the Buena Park side. This is news to him. The neighbors can also choose whatever they would like on the project side of the wall. His loan is now well overdue. He has 1108 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. spent a great deal out of pocket to carry the project. Councilwoman Kaywood. She asked how'far away the beginning of the parking is going to be from the neighbor's wall. Hugo Vazquez. It is 6 feet 10-inches away from the property line. They are going down over 10 feet in order to drop the parking completely below grade. The parking plan has never been changed. They meet the spirit of the agreement in that, there would be no reason at ail for any individual now or in the future to have accessibility to that area. The gates that are there are to prevent anybody from walking into the buffered area. There is no gate to the existing homes. There are gates inside so that the prospective tenant does not go into the setback. If the neighbors would prefer the gate to be a block wall or a closed fence, he would have no problem agreeing with that. Councilwoman Kaywood asked staff if there would be any danger of structural damage with construction of the garage taking place 6 feet away from the Buena Park property line. Wayne West. Anytime there is excavation in an area close to a property line there is a possibility of damage to structures on adjacent property. Normally this is covered through a construction bond or something of that nature. Hugo Vazquez. They have an Insurance Policy required by their lender, Centennial Bank, that not only covers their workers but also covers any damage that would occur to neighboring properties. They can provide a copy of the Insurance Policy to the City Attorney tomorrow morning. Robert Papini, 8881 Buchanan Circle, Buena Park. He reiterated concerns expressed at previous public hearings regarding the project and what he feels has been a disregard of the neighboring residents. He also submitted a photograph taken £rom h~s property ~rom the middle of Buchanan toward the wall, blacking out 24 feet to show what the neighbors will be looking at from Monroe or any place on Buchanan. The height is impacted by the 23-foot setback now proposed to be 21 feet. That setback is almost all concrete. He heard Mr. Vazquez say it is going to be covered with dirt. He does not see anything in writing. With everything the neighbors have experienced, Mr. Vazquez is not going to get the cooperation of the Buena Park citizens without coming forth with a firm, informative program of how he is going to develop that project. They feel that the 13-point compromise agreement is a binding contract. They want to know why the residents are not getting their needs taken care of by the 1109 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. elected officials. Two weeks ago they had a better plan than the one that has been presented today. The agreement clearly states 23 feet and they want the 23-foot setback as agreed to and the way the City Council imposed it as a condition of approval of the project. He then showed and described an illustration he had which emphasized the importance of the 23-foot buffer zone in relation to the northern boundary line of the project and adjacent residents. The buffer zone has been reduced from 23 feet to 21 feet because Young Lion Development cannot engineer the project to stand up to the agreement he made with the neighbors and which the Council approved as condition of approval of the project in October of 1986. COUNCIL ACTION: Mayor Bay again closed the public hearing. Councilman Hunter. He was not on the Council when approval was given to the project at the public hearing on October 14, 1986 on a 5-0 vote. However, he has spoken with the City Attorney, read the minutes of the previous meetings and listened to ail the discussion. It appears that Mr. Vazquez wants a variance from 23 feet to 21 feet. He does not feel it is an unreasonable request. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. Councilman Bay moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. Councilman Hunter offered Resolution No. 87R-491 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-491: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-469. (Condition Nos. 11 and 14). Before a vote was taken, Mayor Bay asked staff with the change in design what conditions were affected. Annika Santalahtf~ Zoning Administrator. On the staff report dated November 12, 1987, under recommendation, this would need modification. There would be a revised exhibit - Revision 2 of Exhibit 1 - and subsection d of Condition 14 and Resolution 86R-469 would also have to be amended as follows: (d) That a minimum twenty one (21) foot wide setback shall be maintained between the north property line and the proposed single-story apartments. The 21-foot setback shall consist of the following: 1110 City Mall, Anaheim, Cml~fornia - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. (1) A minimum six (6) foot ten (10) inch wide densely landscaped buffer shall be planted and maintained adjacent to the entire north property line. The landscaping shall include trees planted on two (2) foot centers along the entire north property line. (2) A four (4) foot wide sidewalk may be located adjacent to the landscaped buffer at the north property line. (3) A solid flat concrete slat shall be constructed over the below-grade parking spaces. There shall be at least four (4) inches of soil over the concrete and landscaping shall be installed and maintained thereon. The top surface of the concrete and soil shall be no higher than the finished grade of either the adjacent sidewalk or the landscaped buffer. (4) Access to the 21-foot wide setback area shall be limited to maintenance or emergency purposes only. Minimum six (6) foot high fences and gates shall be installed to prohibit any other pedestrian or vehicular access. The gates shall be kept closed and locked at all times. Mayor Bay. In the 21-foot buffer, the portion over the garage that is 10 feet below the surface will be planted.' A certain portion will only be 4-inches deep on top of concrete, thus limiting that area to small plants. The dense portion of the buffer zone will be in the 6-foot 10-inch area between where the underground garage ends and the wall begins. The planting of trees will be limited to that 6-foot 10-inch portion. He also surmised that the alternatives to this plan are a reduction in the number of units. Annika Santalahti, Zoning Administrator. She confirmed that the Mayor's understanding was correct. She also confirmed that the alternate to the plan would be a reduction in the number of units. She believes that approximately one-half of the parking is located in that area. At worst, that would mean a reduction in density by one-half. It would probably be less but it would at least be a one-quarter reduction. Mayor Bay. He is amazed that Mr. Vazquez signed an agreement setting up a 23-foot buffer zone before he had his design approved for the density of the project. If they held to the letter of the agreement, he does not believe the project could be built. He (Vazquez) signed the agreement with the neighborhood; the Council did not sign that agreement. Councilman Hunter clarified he was offering the resolution with the changes as stated by staff. 1111 City Hall, Anaheim, California - COUNCIL MINUTES - December 1~ 1987~ 4:00 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Hunter, Kaywood and Pickler NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: Ehrle The Mayor declared Resolution No. 87R-491 duly passed and adopted. RECESS: By general consent, the Council recessed for ten minutes. (9:22 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, with the exception of Councilman Ehrle. (9:32 p.m.) 176: PUBLIC HEAKING -ABANDONMENT NO. 87-i3A: In accordance with application filed by Tice Engineering Services, public hearing was held on proposed abandonment of a portion of an existing fire access easement on the south side of Nohl Ranch Road, west of Anaheim Hills Road, pursuant to Resolution No. 87R-456, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated October 26, 1987 was submitted recommending approval of said abandonment, subject to the filing of a Parcel Map. Mayor Bay asked if anyone wished to address the Council. Mr. Joe Serina, 780 So. Quale, Secretary/Treasurer - Anaheim Hills Master Association. The Master Association has had a problem on the subject property on which there appears to be a natural water spring or a small flow of water coming from the property. They shut off the water on that entire slope for 60 to 90 days to determine whether it was the Association's water system or a natural drainage problem. The problem was so great they had to stop building a wall close by. Subsequently a drainage system was installed. There is nothing but weeds on the slope at this time. It will cost $3,900 to have the whole area replanted. Without having a chance to review exactly where the fire break is coming, he is asking the Council to hold off makin8 any decision on the abandonment until such time as the Master Association has a chance to review the matter. Richard Santo, Senior Real Property Agent. He confirmed there would be no problem in delaying approval of the abandonment. MOTION: Councilman Pickler moved to continue the public hearing on Abandonment No. 87-13A to Tuesday, January 12, 1988 at 3:00 p.m. Councilman Bay seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. 1112 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. 179: PUBLIC HEARING - VARIANCE NO. 3709: APPLICANT: Paul D. & Diane Williamson 7283 Columbus Drive Anaheim, Ca. 92806 REQUEST/ZONING/LOCATION: To construct a two story, 35-foot high, single-family residence located on the northeasterly corner of Copa de 0to Drive and Nohl Ranch Road (Lot 32 in Tract No. 12576). ZONING ADMINISTRATOR ACTION: The Zoning Administrator granted Variance No. 3709, in part, (ZA87-28); determined to be categorically exempt from the requirement to prepare an EIR (categorically exempt,~Class 5). HEARING SET ON: A review of the Zoning Administrator's decision was requested by Councilman Ehrle and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 20, 1987. Posting of property November 20, 1987. Mailing to property owners within 300 feet - November 20, 1987. STAFF REPORT: See the decision of the Zoning Administrator (ZA87-28) dated October 13, 1987. APPLICANT'S STATEMENT: Mr. Paul Williamson. He is now the owner and developer of the lot. Balloon tests were performed which the Council will first want to see. Mr. Phillip Schwartze, Vice-President, Phillips, Brandt and Reddick. His company has prepared a visual impact study on the subject 41-lot subdivision and have prepared information for Council review (submitted was letter dated December 1, 1987 from Mr. Schwartz - Subject: Peralta Hills East View Analysis, attached to which were the results of the visual impact study done on all 41 lots). He then narrated a slide presentation which illustrated the balloon test method used to determine if 35-foot building heights would substantially impair vistas from adjacent existing properties. The helium filled balloons were suspended at heights of 35 feet and 25 feet (the latter being the height allowed in the scenic corridor). He pointed out that every lot pad is located lower than Nohl Ranch Road. The slides also showed how some of the existing homes on the eastern end of the development might be impacted. At the conclusion of the slide presentation, Mr. Schwartz referred to the grading plan which was submitted, indicating all the grades of all the lots and how those lots are oriented to one another, as well as a location map showing the tract as it relates to the existing residents around the area. It is their opinion that the only major impact, in terms of potential houses or the houses located along ]_113 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. the eastern boundary of the tract area are lots 34, 35 and 36. The topography has created many unusual circumstances. The fence issue speaks for itself. Mayor Bay. It is apparent looking at the view from existing homes on the eastern end and the difference between the 25-foot and 35-foot balloon on lots lots 34, 35, 36 and perhaps 37, there is quite an impact on that view where that 10-feet does make a great deal of difference. Phillip Schwartze. It is a difficult decision as to whether it impacts existing views. It would appear the views from existing residents located on the east into lots 34, 35 and 36 of the new tract, he cannot say the view will be blocked but the houses will be bringing a bulk directly into the face of that area. There is nothing else that will be seen except other houses located at a further distance - 34, 35 and 36 do require some special consideration. PUBLIC DISCUSSION- IN OPPOSITION: Joe Serina, 780 South Quail, Secretary - Treasurer of the Anaheim Hills Master Association. He is speaking as member of the Association. The Association is generally charged with the responsibility of enforcing CC&R's. One of the ordinances the Association is currently fighting in court, with about nine different lawsuits, is the blocking of views. At last count there were temporary restraining orders on all nine. The CC&R's state that nobody can build, erect, plant, do anything or cause to do anything which will have an impact on the view of any of the residents in the Anaheim Hills area. As members of the Board, they look at that as being views which are directly associated to the property immediately impacted by whatever is being built. The balloons do not depict the full impact of the house to be built. Taking 35 feet and multiplying that by an average side of a house of 100 feet it would create a wall of 3,500 feet. He would like to see slides which would have that kind of an impact on most of the properties up there. He believes that on lots 32 through 39 there would be an impact. It was also mentioned that there was a hill approximately the same size as the 35-foot high balloon. Looking at a natural hill with natural shrubbery is not the same as looking at a house 35 feet high. All of the existing owners in Anaheim Hills are going to be impacted one way or another if the builder is permitted to exceed the 25-foot height variance. The Association has had a number of serious complaints from the members in the Association concerning the 35-foot height situation which is the subject of the next public hearing. He strongly recommends, if nothing else, that the Council keep the height limitation at 25 feet. If the Association could have its 1114 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. way, they would like to see the entire area rezoned for single-story houses. If it was zoned single-story then none of the views would be impacted by anybody. Joseph Smith, 5205 East Rolling Hills. On lot 32, he would suggest that the height be set at 20 feet. The builder is attempting to create a series of gothic towers rising above the surrounding neighborhood dominating the landscape from every direction. The builder and the subdivision of lots on his property made that plan. It was designed to maximize the number of revenue producing units at the sacrifice of horizontal square footage. The builder now seeks a variance in vertical height to further increase the profitability of those lots at the expense of the neighboring voting taxpayers in that area. Relative to lot 32, the location of that pad elevated as it is from the surrounding area places that in a position of prominence. If 35 feet is allowed, that will have a dramatic impact on the entire area. He will be back to echo those opinions for lots 29 through 39 since he feels those pose the greatest danger to the surrounding neighbors for that community. He urged the Council to deny the request or to review the granting of a 30-foot variance and recommended that the Council set the height at 25 feet~ After answering questions posed by the Council, Mr. Smith concluded that the variance should be denied on two grounds - (1) the precedent it sets for every other lot in that development and, (2) the pad is situated on a prominent point shared by lots 29, 30, 31 and 32. There is no reason to grant the variance in the face of the obvious community interest not to grant it. Dick Miller, 490 So. Old Bucket Lane. His lot is on the west and directly adjacent to lot 10. His house is probably the most affected. There will be six houses in a direct line of sight from his home. If all are 35 to 45 feet high, there is going to be one block wall on that property because the landscaping is not going to cover the houses. Thirty-five feet is the very maximum he could live with and they are going to be huge boxes. Don Pilero, 411 Brook Lane. His concerns are the same as those expressed two weeks ago. He lives on the eastern slope adjacent to the project. For the last three meetings he has constantly heard references to value, dollars, money. He did not hear any reference to the quality of life of the people. Some Council Members are saying they would love to have a neighbor build a $2 million home next to them and how their home would then appreciate. There is no value on the quality of one's life. There is no appreciation to property until it is sold. As discussed, there was a hill on the property which came to a point. It was not a massive structure of 35 or 40 feet in front of their residence. Looking at a hill with greenery and wildlife is more pleasant than looking at 1115 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. homes. All they are asking is that their quality of life be protected. He recommended that the Council limit the lots that impact the residents to single-story. Donald Vanhoff, 5202 Rolling Hills Drive. The lot number below him is 37. They took the liberty of going into his backyard to take the photograph of a balloon instead of a billboard which would have been more representative of what actually it will look like instead of a little balloon. It is not right to build a house 35 feet high. Once the precedent is set, it will be the same for every house in the development. It does have an impact on him. He bought his house because of the views and now houses are going to be 35 feet high and will block his view. SUMMATION BY APPLICANT: Paul Williamson. He is building a personal home for his family. He has revised his plans. The hill where he is building now was 48 feet higher than it is at present. His pad was also 34 feet higher. He is asking to build at 33 and 1/2 feet. The lot he has chosen is hundreds of feet from homes in the area. It does not obstruct the neighbor's view. He asked that the Council grant his variance so that he can start building his house. COUNCIL ACTION: Mayor Bay closed the public hearing. Mayor Bay. The question is whether to allow a 10-foot variance over the 25-foot limitation to 35 feet on residential lot 32 in the development. Variances are set up to handle exceptions. He does not agree with those who say there should be no variances whatsoever, especially in those cases where there is no impact. It is the right of the property owner to have some variation to the strict letter of the Code. Tonight he is not going to listen if in one case he hears an argument to hold to Code and against holding to Code in another. Councilman Hunter. He is empathetic with Mr. Williamson trying to build his "dream house". In the bigger picture, the residents in the hill and canyon area are finally saying they do not want the City to destroy the reason they moved to the area. He feels the reason why they are present tonight on this issue is because of the "great wall" built on Nohl Ranch Road enclosing the subject development to the south. He believes if Mr. Peloquin would have compromised on the wall earlier there might not have been a Chamber full of people present tonight. It is a difficult decision to make in this case. He questioned if Mr. Williamson should be punished because of the great wall. 1116 ?1. City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. Councilman Pickier. Relative to the wall, he feels there is a compromise. Relative to the height variance, they are not setting a precedent. He does not think that Mr. Williamson's home is going to impact anyone. He cannot say that someone cannot develop a piece of land that does not have an effect on the houses around it. Councilwoman Kaywood. She visited the property and saw lot 32 on which Mr. Williamson is asking for 33 and 1/2 feet. She did not see an impact to the homeowners on the east from lot 32 or from any other area. If lots 34, 35, 36 and 37 request a variance, those lots will be a different situation than lot 32. She does not see any reason to make Mr. Williamson a "scape goat" because of the wall issue. Relative to variances, there is no such thing as a precedent. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, 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. Councilman Ehrle was absent. MOTION CARRIED. Councilwoman Kaywood offered a resolution, granting Variance No. 3706 allowing the 33 and 1/2 foot height limitation as requested. Before any action was taken, Joel Fick - Planning Director, reported that Mr. Williamsonhad done some redesign. He would like to clarify whether Council wanted to approve the height variance at 35 feet or at 33 and 1/2 feet. Mr. Williamson clarified that he would like to get 35 feet but he would be satisfied with 33 and 1/2 feet. That is why he submitted his letter and revised his plans. He then emphasized, however, that he was talking about the ridge line on the house in requesting 33 and 1/2 feet. The requested variance would be for the maximum overall height of the structure. Mr. Williamson stated he did not understand it that way and if, in fact, it is the overall height, he would have to have 35 feet. Councilwoman Kaywood amended her proposed resolution to grant the variance at the 35-foot height limitation. A vote was then taken on the proposed resolution and failed to carry by the following vote: Roll Call Vote: 1117 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. AYES: COUNCIL MEMBERS: Kaywood and Pickler NOES: COUNCIL MEMBERS: Hunter and Bay ABSENT: COUNCIL MEMBERS: Ehrle City Attorney White explained that the Council has failed to take an action on the application. If an opposite resolution is offered (denying the variance) and it is also a two-two vote, the only real alternative is to continue the matter until a full Council is present so that Councilman Ehrle, after familiarizing himself with the proceedings that have transpired tonight could vote on the matter but no additional testimony would be taken. After a brief Council discussion regarding the time for continuance of the public hearing, Councilman Bay moved to continue the public hearing on Variance No. 3709 to Tuesday, December 8, 1987 at 3:00 p.m. Councilman Pickler seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. City Attorney White confirmed that the hearing has been closed. The only reason the matter is continued is to attempt to break the tie vote. When the matter is discussed next week, members of the Council will be entitled to vote whether there are three, four or five members, but it would take three votes to pass the resolution whether it is to approve or deny the Variance. 179: PUBLIC HEARING - VARIANCE NO. 3706: APPLICANT: Peralta Ltd. 3150 East Birch Brea, Ca. 92621 REQUEST/ZONING/LOCATION: To construct a 6-foot high solid block wall with 7 foot, 3-1/2 inch high pilaster on approximately 40 acres on the north side of Nohl Ranch Road, approximately 300 feet northeast of the centerline of 01d Bucket Lane, with Code waiver of maximum fence height. PLANNING COMMISSION ACTION: Resolution No. PC87-209 denied Variance No. 3706; approved EIRNegative Declaration. HEARING SET ON: The Planning Commission's decision was appealed by the applicant, Vic Peloquin~ Peralta Ltd. PUBLIC NOTICE REQUIRF~TS MET BY: Publication in Anaheim Bulletin November 20, 1987. Posting of property November 20, 1987. Mailing to property owners within 300 feet - November 20, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated October 12, 1987. APPLICANT'S STATEMENT: Vic Peloquin, 280 Crisalta Way, Anaheim. He is requesting a variance on the wall located on the southerly portion of the subject property to allow pilasters that are 7 feet, 3 and 1/2 inches high which are 15 inches higher than the wall. 1118 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. PUBLIC INPUT: Robert Zemel, Chairman, Anaheim Hills Citizens Coalition, 7330 Stone Creek Road Anaheim. It is difficult to address the Council at this time. The pilaster variance has been up in the air in conjunction with the wall. There have been some meetings and he anticipated, prior to his coming up to speak that there would have been a disclosure on what had taken place at those meetings. Councilman Pickler. He has met with Mr. Peloquin as well as Mr. Zemel and others where discussions had taken place about putting openings in the wail. He wants to emphasize that the wall is going to remain in place one way or the other. He felt he got Mr. Peloquin to agree that he would give seven openings in the biggest wall panels. It was a compromise he thought had been worked out that would be beneficial to all. It was not necessarily what he wanted or what Mr. Zemel wanted but something they could live with. Mr. Peloquin was agreeable at the time but now he does not know what he plans to do. At this point, Mr. Peloquin has not said he was going to act on that compromise. Robert Zemel. There is a misconception that his group has held up the project. The wall was built without a public hearing. The people impacted did not have a chance to speak publicly until September at the Planning Commission hearing. At a recent hearing before the Council, Mr. Cardoza (of Peralta Ltd.) addressed the Council and asked for a time to meet with the Coalition. That meeting took place two days before tonight's meeting. An offer of compromise was communicated to him by Councilman Pickler the next day on behalf of the developer, leaving only one day to talk to the community. The pilasters being an integral part of the wall make it impossible for affected citizens to separate them from the wall itself. He believes the developer's offer to open up wrought iron fencing in seven sections of lengths of 42 to 50 feet each does sufficiently mitigate the extended height of the pilasters with regard to the intrusion into the environment and that the landscape in these designated cut outs be limited to ground cover or low shrubbery. Some positive things have resulted from the hearings. The staff report dated November 23, 1987 to the Planning Commission regarding fencing regulations and recommendations which, if staff recommendations are followed, the ordinance proposed would prevent any future loss of view. The balloon study will eliminate many of the unanswered questions. They are also looking forward, additionally, to having that test be required by the City in future developments prior to public hearings. He thanked the Council for their attention and concern to their cries for help and especially Councilman Pickier who had spent a great deal of time on the matter. Getting some of the view back and the potentiality of 1119 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. an ordinance to prevent this type of situation from happening again, coupled with the fact that they were able to get to this point within City government rather than an expensive court system allows him to feel that every consideration was looked at by all sides. Joe Serrena, Anaheim Hills Master Association, 780 South Quail. Since there is talk of compromise, he would like to know exactly what that compromise entails. Raymond Pepo, President Canyon Terrace Homeowners Association (99 homes). Their homes are located between Meats and Shannon, many facing Nohl Ranch Road. The problem with regard to the wall is the noise factor. Since the wall was built, the peace and quiet they used to have has been taken away. The residents cannot sit out on their patios or open up their windows between 6:30 a.m. and 8:30 a.m. and 4:30 p.m. to 7:30 p.m. The noise is coming from the wall and they did not have that noise before the wall was built. Sandra Ramich, Point Quissett, Secretary of the Homeowners Association, 5134 Greensboro (132 homes). She asked that they not destroy the reason why the homeowners bought where they did. The wall destroys that reason. There is noise now. If there are seven, 50-foot wrought iron openings, that comes to only 10% of the total wall. It is not appropriate. She would like to see the wall taken down completely but knows that cannot happen. She would then like it to be wrought iron. Melinda Franklin, Point Quissett. She would have no problem with approving the variance for the pilasters if, in fact, there was a compromise relative to the wrought iron openings. She is not certain that they have such a compromise and she is concerned that the developer could also change his mind as soon as the pilasters are approved. SUMMATION BY APPLICANT: Vic Peloquin. He is concerned with the environment in the City. He has been a member of the community since 1958 and had built many projects within the City. They have spent a great deal of time and money on design of the project and have gone through many public hearings with regard to the Tract Map, Grading Plans, General Plan Amendment, hiking trails, etc. There were no concerned citizens at those hearings. They showed the wall on all of the plans from the beginning. They got a permit and started the wall and that is when concerns were raised. He has met with Councilman Pickler and Mr. Zemel with regard to requests to make some compromise - open up some wrought iron sections along the wall. He did not want to have the wall affect Mr. Williamson's 1120 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. home or future homes in the subdivision that would be hindered by a 25-foot height limitation. Relative to the compromise, he would like to condition it upon the future approval of the City Council of the height variances of the homes within the development when there is absolutely no effect on anybody in the area. He will make the compromise with regard to the seven openings of wrought iron in the wall but would like the Council to consider the needs for the homes to be developed within the subdivision if they request a height variance and that height variance does not affect anybody. If those variances do not impact anybody those variances should be considered with regard to the compromise on the wall. Councilman Hunter. He is concerned that Mr. Peloquin is trying to tie the structural height limit back to the wall. Councilman Pickier. There are two different items involved. The seven openings proposed by the developer will help in resolving the problem of the wall. If Mr. Peloquin will give those openings, he is ready to go along with the variance requested on the pilasters but not to tie the height variance to the compromise on the wall. Vic Peloquin. He is not prepared this evening to finalize an agreement with regard to the openings. He would like to have the Council's vote with regard to the pilasters if they feel the pilasters are a benefit to the ultimate look of the wall. If the Council feels they should postpone the matter to a future hearing which might come up with regard to a variance request, he would be glad to resubmit it at that time to the Council. City Attorney White interjected and emphasized that unequivocally the City cannot legally tie the variance requested for the wall in any way, shape or form to the height variance or future variances which may be filed for structures within the development. They are totally separate issues. The City cannot make a deal or a contract in that resard. If a height variance is approved for the pilasters, the Council has the discretion to do that with or without Mr. Peloquin's consent and to place reasonable conditions of approval on the height variance with or without his consent, one of which may be that he install all the pilasters and that seven or more wrought iron openings be installed in the wall. If Mr. Peloquin does not wish to avail himself of that variance, he has the right to build the wall according to Code. There is no way to tie the height variance for the wall to the variances for the structures. It cannot be done tonight, a week from tonight or a year from tonight. Robert Zemel. He expressed concern that once again he had been "duped". 1121 Prior City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. to this meeting they had an agreement. Prior to the Planning Commission hearing there was an agreement but just before he stood up to speak to the Commission, Mr. Peloquin told him their agreement was no longer any good. Now before tonight's meeting he (Zemel) met with Mr. Peloquin and his partners wherein he (Zemel) said he would abide by their wishes and that the Coalition was going to speak on behalf of the pilasters, the only reason being because they felt the openings promised would mitigate the extension of the pilasters. Now, after he spoke in favor, Mr. Peloquin pulls the compromise away which is similar to the way the wall was constructed in the first place. He does not want their silence to deem that they feel that the wall is legal. It is not legal, there was no public hearing. There is a sound problem and when a structure causes a sound problem it requires a public hearing. The final agreement was that the balloon study would speak for itself. The Coalition members did mot speak on the height study. They were going to speak in favor of the pilasters. There is no way any of them would agree to the pilasters without the compromise - no openings - no pilasters, also emphasizing the fact that they do not even believe there should be a wall there in the first place. Joe Serina. He briefly talked to Mr. Zemel when he walked into the hearing. He was assured a compromise has been reached. He is trying to get an idea of how big the openings were going to be and it is his understanding there will be approximately seven openings on 45 degree angles which amounts to a linear footage of between 70 and 100 feet vs. 3-quarters of a mile. He believes the builder, in his attempt to tie the compromise to future building heights is holding a "knife to their throats". The Council thought it had a compromise that was going to stand alone and Mr. Peloquin's attempt to change it to a building height is ridiculous. The Council should not stand for it. Vic Peloquin. The height variance was brought out in the conversations that were held. It was a surprise to him tonisht with a home that does not have any effect that the Council would vote on it as they did. In the spirit of cooperation, however, he would like to offer the seven openings. Bob Zemel was not "duped". He (Peloquin) felt a house that did not have any effect relative to a height variance would have been approved. He reiterated he would like to go ahead and open up those seven panels in order to get approval of the variance on the pilasters. Relative to the openings, one would be 52 feet, one 51 feet and five openings in excess of 40 plus feet. The total distance will equal approximately 310 or 315 feet. The openings are recessed hack into the additional landscaped areas. It was a compromise that was both for safety for cars that might leave the highway and for light impact along Nohl Ranch Road. It will also prevent someone standing on the sidewalk and viewing people's backyards. 1122 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. Mayor Bay asked if they were talking about 3 feet of stone and 3 feet of wrought iron. Mr. Peloquin explained they would be removing 3 feet of the wall and replacing it with 3 feet of wrought iron. Joel Fick. Staff's suggestion would be if the Council were to look favorably on the compromise that the variance be granted subject to a minimum of 310 to 315 feet of open wrought iron or a combination of wrought iron and block wall within the recessed landscaped areas and that Mr. Peloquin submit a plan to staff. Mr. Zemel suggested that the landscaping would be low shrubbery or a ground cover so that the view is not impacted. Vic Peloquin. They have submitted a landscape plan to the City which was approved. It was requested by the City that they plant trees in certain areas. The trees might have some impact with regard to extra height but no impact underneath the trees. The cutouts were for a specific purpose - to add more landscaping to the wall with regard to the cut outs. Robert Zemel. His only concern now would be the landscaping.~ If there are only going to be seven openings, some being only 40-foot sections trees should not be planted in those areas. If there is an opening, then it should be left as an opening. The shrubbery should be 3 feet or less. He also confirmed for the Mayor that he and his group are in favor of the pilasters but only in conjunction with the compromise. Further discussion followed relative to limiting the landscaping in front of the openings to 3 feet with no trees. Vic Peloquin. At the conclusion of discussion, he stated they will try to plant the trees on the outskirts and not in front of the wrought iron openings. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Bay, 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. Councilman Ehrle was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. 1123 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. Councilman Pickler moved to waive the reading in full of the resolution. Councilman Bay seconded the motion. Councilman Ehrle was absent. MOTION Councilman Pickler offered Resolution No. 87R-492 for adoption, granting Variance No. 3706, reversing the findings of the City Planning Commission but subject to stipulation by the developer and as stated by staff that there be seven openings in the wall totalling a minimum of 310 to 315 feet, which openings will be a combination of wrought iron and block within the recessed landscaped areas and that the landscaped areas consist of low shrubbery so that the view through the wrought iron will not be obstructed. Refer to Resolution Book. RESOLUTION NO. 87R-492: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3706. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Hunter, Kaywood, Pickler and Bay None Ehrle The Mayor declared Resolution No. 87R-492 duly passed and adopted. 105: APP01NTMENT TO THE PUBLIC UTILITIES BOARD: Councilman Bay moved to continue the appointment of a member to the Public Utilities Board for the term ending June 30, 1989 to Tuesday, December 8, 1987 for full Council action. Councilwoman Kaywood seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. 179: DISCUSSION - ZONING REGULATIONS IN THE COMMERCIAL/RECREATION AREA: To consider possible zoning regulation in Commercial-Recreation area. Submitted was report dated November 20, 1987 from the Planning Department, recommending that the Council direct staff to further study possible amendments to the "CR" zone, and to obtain Planning Commission's recommendations prior to submittal to Council for a possible adoption. MOTION: Councilman Pickler moved to continue the discussion regarding zoning regulations in the commercial/recreation area ~or two weeks. Councilman Bay seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. 106: RECOMMENDATIONS FOR BALANCING THE FISCAL YEAR 1987/88 RESOURCE ALLOCATION PLAN: The following people spoke with regard to the City budget: Mr. Doug Kintz, President, Anaheim H.O.M.E., 2012 Norma Lane, Anaheim, Ca. 92802. He read a prepared statement, the essence of which was to recommend, on behalf of the organization, that, "...the Anaheim City Council formulate and approve an ordinance which will impose a 10% admission tax on all commercial amusements within the City of Anaheim. The proposed ordinance should be written in such a manner as to exclude appropriate non-profit 1124 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. organizations and charitable organizations such as schools and churches." As a special consideration he would also like the Council to consider the complete and total elimination of City property taxes with the passage of the proposed admission tax. If the Council fails to approve such an ordinance by February 2, 1988, Anaheim H.O.M.E. is prepared to circulate a petition initiative in order to present the issue to the voters of Anaheim. Betty Ronconi, 2141 South Walnut. She is speaking in favor of an admission tax ordinance which, in her opinion, would benefit the entire City of Anaheim without discrimination according to location. They believe the fears of taxing the tourist industry away are exaggerated and somewhat unfounded. The alternate to an admission tax puts the burden of the City financing back upon the citizens of Anaheim. The Council has been considering raising utility taxes and business license fees. Utilities are a necessity of life, not an optional entertainment expense or a luxury. Ron Bengochea, 1751 South Nutwood. He is a native of Anaheim and has a family of five. It is expensive now for him to be able to take his family to Disneyland. If it were more expensive, he would not be able to take them as much or to go to ball games. He understands the City has a budget problem. There are a lot of residents in Anaheim who support the various tourist attractions. Those attractions are good for the residents and they keep kids from doing other mischief things. He does not think an amusement tax is the answer to the budget problems. The Council should look instead at other alternative routes. There are many other family people like himself and he is not sure if an admission tax goes to the voters that there will be as much support as the proponents of such a tax thinks there is. Jeff Kirsch, 2661 West Palais. He hopes that the Council will not fall into the same trap as the Federal government and the State by seeking a fresh source of revenue rather than taking time to evaluate spending priorities in order to determine if any economies can be made without sacrifices in service and evaluate the cost effectiveness of the programs and equipment the City is currently buying. MOTION: Councilman Bay moved to continue the discussion on recommendation for balancing the Fiscal Year 1987/88 Resource Allocation Plan for one week. Councilm~n Hunter seconded the motion. Councilman Ehrle was absent. MOTION 108/142: ORDINANCE NO. 4873 - TRANSIENT OCCUPANCY TAX REVENUES: Adding new Section 2.12.120 to the Code, to reimburse Transient Occupancy Tax revenues to qualified organizations. 1125 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. Mayor Bay. He does not intend to vote for the proposed ordinance. He feels it is a foot in the door for a serious precedent to go after the Transient Occupancy Tax. It will lead to nothing but problems in the future. Even though it has been amended and tightened up, it still points at an area right now where the City is already transferrin~ through federal monies in the amount of $240,000 a year. Councilwoman Kaywood. If people can be housed overnight instead of wandering the streets or parks, it will save more than the $5,000 to $7,000 estimated to be reimbursed in passing the ordinance in police services. If there are major problems, three votes can change the ordinance. WAIVER OF READING - ORDINANCES: The title of the following ordinances were read by the City Clerk. Councilman Bay moved to waive the reading in full of all the ordinances. Councilwoman Kaywood seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. Councilwoman Kaywood offered Ordinance No. 4873 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4873: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 2.12.120 TO CHAPTER 2.12 OF TITLE 2 OF THE ANAHEI3! MUNICIPAL CODE PERTAINING TO REIMBURSEMENT OF TRANSIENT OCCUPANCY TAX REVENUES TO QUALIFYING ORGANIZATIONS. Roll Call Vote: AYES: COUNCIL MEMBERS: Hunter, Kaywood and Pickler NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: Ehrle The Mayor declared Ordinance No. 4873 duly passed and adopted. 179: ORDINANCE NO. 4879: Councilman Pickler offered Ordinance No. 4879 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4879: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 17.28.130, 17.28.030, 17.28.100, 17.28.120, 17.28.130, 17.28.170; A/)DING SUBSECTIONS 17.28.030.165, 17.28.030.185, 17.28.120.060, 17.28.130.035; AND REPEALING SUBSECTIONS 17.28.030.100, 17.28.030.110, 17.28.030.200, 17.28.130.021, 17.28.130.030, 17.28.170.020 AND 17.28.170.040 OF CHAPTER 17.28 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RRL~TING TO FLOOD HAZARD REDUCTION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Hunter, Kaywood, Pickier and Bay None Ehrle The Mayor declared Ordinance No. 4879 duly passed and adopted. 1126 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. 179: ORDINANCE NOS. 4881 THROUGH 4883: Councilman Pickler offered Ordinance Nos. 4881 through 4883 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4881: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE REIATING TO ZONING. (Amending Title 18, Reclass. 85-86-19, CO(SC), 7777 Santa Aha Canyon Road) ORDINANCE NO. 4882: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 85-86-30, RM-1200, 729, 731 and 733 Knott Street) ORDINANCE NO. 4883: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFER/LED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RRL~TING TO ZONING. (Amending Title 18, Reclass. 87-88-05, CL, 2020 E. Via Burton Street, 1420 and 1440 No. State College Blvd.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Hunter, Kaywood, Pickier and Bay None Ehrle The Mayor declared Ordinance Nos. 4881 through 4883, both inclusive, duly passed and adopted. 179/142: ORDINANCE NO. 4880: Amending Sections 18.44.030 and.050 and 18.45.030 and .050 and 18.46.030 and .050 and 18.61.030 by adding thereto subsections pertaining to recycling facilities. City Clerk Sohl announced that the City Attorney recommends that this proposed ordinance be continued for one week to be considered and voted on at the same time as the proposed ordinance relating to recycling facilities (see next item). MOTION: Councilwoman Kaywood moved to continue Ordinance No. 4880 for one week. Councilman Bay seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. 179/142: ORDINANCE NO. 4887 - RECYCLING FACILITIES: Adding Chapter 18.95 to the Code, relating to recycling facilities. Councilman Bay offered Ordinance No. 4887 for first reading. ORDINANCE NO. 4887: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.95 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO RECYCLING FACILITIES. 179: ORDINANCE NO. 4888: Amending Title 18, Reclassification No. 86-87-18, RM-1200(0), of Frontera Street, east of Park Vista). Councilman Bay offered Ordinance No. 4888 for first reading. 1/27 City Hall, Anaheim, California - COUNCIL MINUTES - December 1, 1987, 4:00 P.M. ORDINANCE NO. 4888: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM ~JNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclassification No. 86-87-18, RM-1200(0), of Frontera Street, east of Park Vista) ITEMS OF PUBLIC INTEREST: Bill Ertckson, 201 East North Street. He expressed his pleasure with City Manager Bob Simpson, after reading the City Manager's statement of October 16, 1987 given at a Management meeting. It is evident to him (Erickson) that Mr. Simpson has the political acumen, demeanor that is wholesome and a tranquil manner that will help in the solutions to inherited problems with the past administration. Jeff Kirsch, 2661 West Palais. He also referred to the article regarding the drug busts in the Chevy Chase area and shares Councilman Hunter's abhorrence of drug traffic on the City streets. There was a question whether the traffickers were going to be charged and this is something that upsets him as well. Janet Erwin, 1543 South Hampstead. She owns an apartment building in the Lynn/Jeffrey area. During the Redevelopment meeting in their area last summer, she made a complaint that she had not seen a street sweeper in their area for about 18 months. At that time she was advised that she owned the alley. Then someone said she did not own the alley. The next Monday a street sweeper came through and she got ticketed for being on her own property. The sweeper came through on an unposted day. Now she has not seen any street sweepers since last summer. She questioned why they do not get their alleys swept. Secondly, she has a complaint relative to Jaycox, the City's contractor for commercial trash pick up. The new Jaycox trucks are white. With the old green ones the dirt that accumulates on those trucks was not so noticeable. She recommends that Jaycox also clean their trash bins every once in a while. There are trash bins that have been sitting there for six years that have never been cleaned and some have wet sludge in the bottom. They are paying over $300 a year for use of those bins and they are never cleaned. ADJOUNRNMENT: Councilman Bay moved to adjourn. Councilman Hunter seconded the motion. --Councilman Ehrle was absent. MOTION CARRIED (12:13 a.m., December 2, 1987) LEONORA N. SOHL, CITY CLF. RK 1128