1984/01/17City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1984, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William 0. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the
Invocation.
FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of
Allegiance to the Flag.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council, to be presented to City Engineer
William Devitt upon his retirement from the City, and commending him for his
outstanding contributions over the 21 years of employment with the City.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of ail ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~1,882,729.09, in
accordance with the 1983-84 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 84R-15 through 84R-24, both inclusive, for adoption.
Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
A. Claims rejected and referred to Risk Management:
1. Claim submitted by Katherine Barber for personal property damages to
car purportedly sustained due to holes in Crescent Street off the 5
Freeway, on or about September 30, 1983.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 17~ 1984, 10:00 A.M.
2. Claim submitted by Ann E. Scott for personal property damages to
television sets purportedly sustained due to defective power supply
leading to the house at 530 Colorado Street, on or about November 29, 1983.
3. Claim submitted by Jeffrey M. Casper for loss of consortium of his
wife, purportedly sustained due to an accident in which a City-owned
vehicle was involved 76 feet west of Columbine on La Palma Avenue, on or
about September 8, 1983.
4. Claim submitted by Dwane L. Bryant for personal property damages to
freezer purportedly sustained due to a power outage at 1736 West Crone
Avenue, on or about November 24, 1983.
5. Claim submitted by Carl Westley Patten for personal injuries and
personal property damages to car purportedly sustained due to an accident
caused by a malfunctioning traffic signal at Magnolia and La Palma
Avenues, on or about August 31, 1983.
B. Claim allowed payment:
6. Claim submitted by Alexander and Alexander, Donald and Marian Bates,
Insureds, for property damages to wall purportedly sustained due to an
accident in which a City-owned vehicle was involved at 2911 East Coronado,
on or about September 27, 1983. (~23.70)
2. The following correspondence was ordered received and filed:
a. 105: Youth Commission--Minutes of December 14, 1983.
b. 105: Community Redevelopment Commission/Project Area
Committee--Minutes of December 13, 1983.
c. 105: Community Redevelopment Commission--Minutes of December 21, 1983.
d. 105: Golf Course Advisory Commission--Minutes of December 15, i983.
e. 144: Orange County Progress Report, 1983-84, Vol. 20. (on file)
3. 108: Approving an application for an Entertainment Permit submitted by
Adolfo Marron for the Los Amigos Bar, 900 North Anaheim Boulevard, for
mariachi music, Monday through Sunday, 10:00 a.m. to 2:00 a.m., in accordance
with the recommendation of the Chief of Police.
4. 140/106: Accepting a donation from the Friends of the Anaheim Public
Library in the amount of $770.62 for purchase of display equipment for Central
Library, and appropriating said funds into 01-173-7115.
5. 170.123: Consenting to the assignment of a special water facilities
reimbursement agreement with Sundial - PCB Company to Incgro & Company; from
Incgro & Company to Johnson Levine and Company; and from Johnson Levine and
Company to Wilma Leonard, relating to Tracts 9134, 9135 and 9136 in the
Anaheim Hills area.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1984, 10:00 A.M.
6. 174/107: Authorizing modifications to the CDBG Rebate Incentive Program
eliminating the provision that interior improvements be limited to Building
Code items for households at or below 120% of the median income, and allowing
the participation of households between 120% to 150% of median income;
however, limiting these improvements to interior Building Code items and
exterior items, to major significant improvements.
7. 123/170: Authorizing a Subordination Agreement with Chuck Sager, to allow
refinancing at a lower interest rate of Lot 1 of Tract No. 11256, affordable
Unit 5 in Anaheim Park South.
9. 160: Accepting the low bid of° Custom Floors in the amount of ~266,936 for
the resurfacing of 96,400 square feet of flooring at Anaheim Stadium, in
accordance with Bid No. 4060.
164: RESOLUTION NO. 84R-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: LA PALMA
AVENUE RELIEF SEWER FROM 44' WEST OF EAST STREET TO 1188' WEST OF EAST STREET,
IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-790-6325-E0480. (Bids to be opened
February 16, 1984, 2:00 p.m.)
175: RESOLUTION NO. 84R-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE WATER IMPROVEMENTS OF WELL SITE #14, WEST
STREET AT LA PALMA RESERVOIR SITE, IN THE CITY OF ANAHEIM, ACCOUNT NO.
53-619-6329-90130-32400. (Subgrade Construction Corporation, ~286,611.10)
129: RESOLUTION NO. 84R-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: FIRE STATION
NO. 8 - STORAGE BUILDING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-914-6325.
(Diversified Pacific Construction Company, contractor)
165: RESOLUTION NO. 84R-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT,
LABOR~ SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION
INCLUDING POWER~ FUEL AND WATER~ AND THE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CENTRAL CITY
- ANAHEIM BOULEVARD/ZEYN STREET ALLEY IMPROVEmeNT, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 25-792-6325-E3720. (Nobest Incorporated & Nodland, R.L., (J.V.),
contractors)
153: RESOLUTION NO. 84R-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 83R-387 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS SUPPORT AND SUPERVISORY MANAGEMENT.
(creating the classification of Safety and Training Coordinator, X SR04,
effective January 27, 1984)
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City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1984, 10:00 A.M.
123: RESOLUTION NO. 84R-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ~_PPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 24 FOR
RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE CITY OF ANAHEIM. (in an amount
not to exceed $1,250,000 for engineering and construction of public
improvements in the Neighborhood Preservation Area No. 2 located in Project
Alpha)
123: RESOLUTION NO. 84R-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 25 FOR
RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE CITY OF ANAHEIM. (in an amount
not to exceed ~46,000 for engineering and construction of public improvements
in the'Neighborhood Preservation Area No. 3 located in Project Alpha)
123: RESOLUTION NO. 84R-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE TERMS AND CONDITIONS OF COOPERATION AGREEMENT NO. 26 FOR
RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE CITY OF ANAHEIM. (in an amount
not to exceed $770,000 for engineering and construction of public improvements
in connection with the widening of Anaheim Boulevard, Broadway to Ball Road,
said improvements benefiting Project Alpha)
158: RESOLUTION NO. 84R-23: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Lease-All La
Palma; Lease-All La Palma; Lease-All La Palma; Vernon Paving Company; Catalina
M. Diaz, et al.; Gregg La Mont Stetzer, et ux.; Lillian M. Rogers)
158: RESOLUTION NO. 84R-24: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DEDICATING CERTAIN CITY-OWNED PROPERTY TO PUBLIC ROAD PURPOSES. (C.P.
Nos. 287, 130, 131, 132, 134 and 157, 137, 138 and 139)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 84R-15 through 84R-24,
both inclusive, duly passed and adopted.
178: ORANGE COUNTY WATER DISTRICT REPRESENTATIVE REPORT FOR 1983:
Councilwoman Kaywood referred to the 9-page report dated January 5, 1984, from
Mr. Gus Lenain, the City's representative on the Board of Directors of the
Orange County Water District (OCWD). She especially wanted to commend Mr.
Lenain for the continuously excellent reports he provided the Council. She
noted the summary (Page 9 of the report) wherein Mr. Lenain cautioned that all
in Orange County who were so dependent upon imported water must continue water
conservation efforts in order to be sure of a continuing water supply. She
thereupon suggested that hotels and motels have conservation signs at faucets
in their bathrooms and kitchens. She had discussed the matter with Mr. Lenain
and would like a letter sent to him with a request asking if that could be
done through service groups. Also, in San Diego, all the restaurants had a
notice on the tables indicating that they served water upon request and not
automatically. She felt that was also a good way to conserve on water and
energy.
56
City H~l 1, Anaheim, California - COUNCIL MINUTES - January 17, 1984, 10:00 A.M.
Mayor Roth felt that the request should be made through the City's Water
Division, rather than going through Mr. Lenain. He first asked that a letter
be sent to Mr. Lenain thanking him for the annual report and the issue
broached by Councilwoman Kaywood could be referred to accordingly.
MOTION: Councilwoman Kaywood moved to receive and file the Orange County
Water District Representative Report for 1983, with a letter of thanks to be
sent to Mr. Lenain. Councilman Roth seconded the motion. MOTION CARRIED.
Councilwoman Kaywood requested a report from the Water Division; City Manager
Talley asked if they were to address her general remarks relative to
conservation or did she want them to comment on Mr. Lenain's report.
Councilwoman Kaywood answered she wanted a report on the matter of continuing
water conservation. With the number of hotel and motel rooms in the City,
that represented a considerable amount of water. It would have to be
something like the water drop symbol to remind people to turn off the water
faucet. There were stickers put on in the past, and perhaps there could be
something installed for ail time.
Councilman Pickler felt if they were going to remind hotels and motels that it
would be well to remind everyone.
Mayor Roth stated he was not certain they could take a hotel such as the new
Hilton or the Marriott and know whether they would feel comfortable putting
stickers in their washrooms or facilities. He felt that type of a program
would have to be voluntary. He did not want to take action to force somebody
to put a sticker over their sink. If somebody wanted to make it available,
giving them the opportunity to do so if they wished, that was a good idea°
Conservation generally was a good idea.
150: NON-PROFIT PARKS, RECREATION AND COMMUNITY SERVICES FOUNDATION:
Endorsing the development of a public nonprofit Parks, Recreation and
Community Services Foundation.
Councilwoman Kaywood waHted to commend Herb Leo, Bill Taormina, Bob Ricks,
Holger Gantz and Ken Driftmier, who were acting as a steering committee to
help develop the new Foundation. She felt extraordinarily proud to be living
in a City that had those kinds of citizens participating in the set-up. They
were contributors to the City in every way possible. The Foundation would
have the ability for tax-deductible donations to be made from individuals and
corporations. The Parks and Recreation Commission unanimously approved the
concept of the Foundation. Chris Jarvi, the Director of Parks, Recreation and
Community Services, had come up with constructive ways to run the Department
better and at less cost to the City.
Councilwoman Kaywood moved to endorse the development of a public non-profit
Parks, Recreation, and Community Services Foundation, as recommended in
memorandum dated January 5, 1983, from the Director of Parks, Recreation and
Community Services, Chris Jarvi. Councilman Pickler seconded the motion.
MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 17~ 1984, 10:00 A.M.
123/174: AGREEMENT WITH CATHOLIC COMMUNITY AGENCIES FOR THE CASA GUADALUPE
MOBILE OUTREACH PROJECT: Councilman Bay stated he asked that this item be
removed from the Consent Calendar so that he could register his "No" vote.
Councilman Pickler moved to authorize an agreement with the Catholic Community
Agencies of the Diocese of Orange in the amount of ~5,000 (CDBG) for the Casa
Guadalupe Mobile Outreach Project operated by Catholic Social Service, for the
term ending June 30, 1984, as recommended in memorandum dated January 6, 1984,
from the Community Development Department. Councilwoman Kaywood seconded the
motion. Councilman Bay voted "No." MOTION CARRIED.
142/108/171: ORDINANCE NO. 4474: Amending Subsection 2.04.050.0203 of the
Code, pertaining to Sales and Use Tax. Submitted was report dated January 5,
1984, from the City Attorney's office, recommending adoption of the proposed
ordinance.
Councilman Roth offered Ordinance No. 4474 for first reading.
ORDINANCE NO. 4474: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 2,
CHAPTER 2.04 SECTION 2.04.050 SUBSECTION 2.04.050.0203 PERTAINING TO SALES AND
USE TAX.
105: APPOINTMENT TO THE COMMUNITY SERVICES BOARD: Councilwoman Kaywood
nominated Dr. Bryan L. Crow to the Community Services Board.
Councilman Overholt stated by delaying consideration of appointments to the
Community Services Board, a number of very fine people came forth who
indicated they would be willing to serve, giving a nice inventory of good
citizens to consider for future appointments.
Since there were do further nominations, Councilman Pickler moved to close
nominations. Councilman Overholt seconded the motion. MOTION CARRIED.
Councilwoman Kaywood moved to appoint Bryan Crow to the Community Services
Board to fill the unexpired term of Janice Billings ending June 30, 1986.
Councilman Pickler seconded the motion. MOTION CARRIED.
i05: APPOINTMENTS TO THE YOUTH COMMISSION: Mayor Roth noted that two present
members of the Youth Commission were requesting reapp0intment, Pam Roberson
and Jocelyn Erwin.
Councilwoman Kaywood moved to reappoint Pam Roberson and Jocelyn Erwin to the
Youth Commission for the term ending December 31, 1985. Councilman Roth
seconded the motion. MOTION CARRIED.
Relative to the third vacancy, Councilwoman Kaywood requested that Judith
Kuramoto be contacted to see if she was still interested in being appointed to
the Youth Commission. She had previously submitted am application which
reflected excellent qualifications; Councilman Bay suggested that she move to
appoint her at this time.
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City Hall, Anmheim~ California - COUNCIL MINUTES - January 17, 1984, 10:00 A.M.
Councilwoman Kaywood moved to appoint Judith Kuramoto to the Youth Commission
for the term ending December 31, 1985. Councilman Bay seconded the motion.
MOTION CARRIED.
105: RESIGNATION FROM THE YOUTH COMMISSION: Councilwoman Kaywood moved to
accept the resignation of Paul Lepak from the Youth Commission for the term
ending December 31, 1984, as tendered in his letter dated January 11, 1984,
and that a letter of thanks be sent for his service to the City. Councilman
Bay seconded the motion. MOTION CARRIED.
City Clerk Roberts noted that the vacancy would be posted and rescheduled in
approximately two weeks.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held December 28, 1983, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2507 (READVERTISED): Submitted by Beth Adams,
Ltd., (Nevada Bob's Golf and Tennis Outlet), to amend conditions of approval
of Conditional Use Permit No. 2507, to permit retail sporting good sales on ML
zoned property located at 131 West Katella Avenue,. deleting Condition No. 1
pertaining to sidewalk installation and amending Condition Nos. 2 and 6
pertaining to street light installation and driveway relocation.
The City Planning Commission, pursuant to Resolution No. PC83-246, granted
Conditional Use Permit No. 2507 (Readvertised) with amended conditions, and a
negative declaration status was approved November 14, 1983.
2. CONDITIONAL USE PERMIT NO. 2514 (READVERTISED): Submitted by David and
Robin Ferszt, (Orangeview Convalescent Hospital), to expand an existing
convalescent hospital by an additional 23 beds on CL zoned property located at
1720 West Orange Avenue.
The City Planning Commission, pursuant to Resolution No. PC83-247, approved
revised plans to Conditional Use Permit No. 2514 (Readvertised), and granted a
negative declaration status.
3, VARIANCE NO. 3366: Submitted by Yu-Chan§ Chou and Chan§-o Chou, to
cons~ruc~ a family room addition on R$-5000 zoned property located at 1223
East Clifpark Way, with a Code waiver of maximum lot coverage.
The City Planning Commission, pursuant to Resolution No. PC83-249, granted
Variance No. 3366, and ratified the Planning Director's categorical exemption
determination.
4. VARIANCE NO. 3371: Submitted by Clausen Enterprises, to construct a
two-story commekcial building on RS-5000 zoned property located at 2784 West
Lincoln Avenue, with the following Code waivers: (a) permitted location of
free-standing sign, (b) minimum number of parking spaces, and (c) maximum
structural height.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1984, 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC83-250, granted, in
part, Variance No. 3371, and granted a negative declaration status.
5. CONDITIONAL USE PERMIT NO. 1720 - EXTENSIOM OF TIME: Submitted by Sam John
Huang, requesting an extension of time to Conditional Use Permit No. 1720, to
establish a 38-unit recreational vehicle park in conjunction with a motel on
CL zoned property located at 2740 West Lincoln Avenue.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 1720, to expire August 1, 1984.
Councilwoman Kaywood expressed her opposition; no action was taken by the
Council.
6. CONDITIONAL USE PERMIT NO. 2075 - TERMINATION: Submitted by Elden W.
Bainbridge, requesting termination of Conditional Use Permit No. 2075, to
permit a 13,413-square foot bank on ML zoned property located on the southeast
corner of La Palma Avenue and Tustin Avenue, as a condition of approval of
Conditional Use Permit No. 2308.
The City Planning Commission, pursuant to Resolution No. PC83-251, terminated
Conditional. Use Permit No. 2075.
7. VARIANCE NO. 2849 - EXTENSION OF TIME: Submitted by Vic Peloquin,
requesting an extension of time to Variance No. 2849, for the retail sales of
sandwiches on ML zoned property located at 3445 "C" East La Palma Avenue.
The City Planning Commission approved an extension of time to Variance No.
2849, to expire September 27, 1984.
8. CONDITIONAL USE PERMIT NO. 2155 - EXTENSION OF TIME: Submitted by Raymond
C. Salmi, (Anaheim Hills Community Church), requesting an extension of time to
Conditional Use Permit No. 2155, to permit a church on ML zoned property
located at 540i East La Palma Avenue.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2155, to expire December 3, 1986.
9. CONDITIONAL USE PERMIT NO. 1079 - TERMINATION: Submitted by Jonathan T.
¥. Yeh, requesting termination of Conditional Use Permit No. 1079, to expand
an existing motel on CL zoned property located at 420 South Beach Boulevard,
as a condition of approval of Conditional Use Permit No. 1936.
The City Planning Commission, pursuant to Resolution No. PC83-252, terminated
Conditional Use Permit No. 1079.
10. CONDITIONAL USE PERMIT NO. 1761 AND VA/{IANCE NO. 2976 - TERMINATION:
Submitted by David V. Adams, requesting termination of Conditional Use Permit
No. 1761 and Variance No. 2976, to permit a retail arts facility with Code
6O
City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1984, 10:00 A.M.
waivers of minimum landscaped setback, required screening of parking area,
prohibited signs, maximum sign coverage, and minimum number of parking spaces,
on ML zoned property located at 131 West Katella Avenue, as a condition of
approval of Conditional Use Permit No. 2507.
The City Planning Commission, pursuant to Resolution No. PC83-253, terminated
Conditional Use Permit No. 1761 and Variance No. 2976.
Councilwoman Kaywood noted in the Planning Commission minutes on Conditional
Use Permit No. 2075, Conditional Use Permit No. 1079, Conditional Use Permit
1761 and Variance No. 2976 that the minutes reflected a 5-0 vote without
showing the two Planning Commissioners who were absent. She asked that the
minutes be corrected accordingly.
No action was taken by the City Council on the foregoing items; therefore, the
actions of the City Planning Commission became final.
CONDITIONAL USE PERMIT NO. 2522: Submitted by Mahmoud R. E. L. Kanawey, to
permit a convenience market with off-sale beer and wine and gasoline sales on
ML zoned property located at li75 No. East Street.
The City Planning Commission, pursuant to Resolution No. PC83-248, denied
Conditional Use Permit No. 2522, and granted a negative declaration status.
The decision of the Planning Commission was appealed by the applicant and,
therefore, a Public h~aring would be scheduled at a later date.
179: REQUEST FOR A REHEARING - VARIANCE NO. 3350: Affidavit of Merit
submitted by Alfredo Silva Cebailos in support of a request for rehearing on
Variance No. 3350, to retain an illegal dwelling unit and to construct a
garage on RM-1200 zoned property located at 428 and 428 1/2 South Melrose
Street, with various Code waivers. The Variance was denied by the City
Council on January 10, 1984.
The ~ayor asked if Mr. Ceballos was present.
Mr. Aifredo Silva Cebailos, 420 South Melrose, stated that on Tuesday,
January 10, 1984, he could not be present because he had school final
examinations.
The Mayor asked if he had advised anybody that he could not be present or if
he tried to send a representative to speak on his behalf or to ask for a
continuance, realizing the importance of the public hearing.
Mr. Ceballos stated that he did not do so.
Councilwoman Kaywood asked if he was presently working with the Building
Division; Mr. Ceballos answered "yes," he had shown them his plans, they had
approved them and he had permits for everything. He felt that perhaps in one
week he would be finished and ready for inspections.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1.984, 10:00 A.M.
Councilwoman Kaywood moved to grant a rehearing on Variance No. 3350.
Councilman Pickler seconded the motion.
Before action was taken, Mayor Roth emphasized that it cost money to advertise
a hearing and also involved staff time, all of which cost the taxpayers
money. He urged Mr. Ceballos to be present at the rehearing.
City Clerk Linda Roberts confirmed that the rehearing would be completely
readvertised and, in the past, rehearings were subject to a $50 fee to help
defray legal publication costs.
Councilwoman Kaywood asked Mr. Ceballos if he was agreeable to the ~50 for
readvertising; Mr. Ceballos answered "yes."
A vote was then taken on the foregoing motion granting the rehearing and
setting the date and time for Tuesday, February 21, 1984, at 1:30 p.m.,
subject to payment of the ~50 fee. MOTION CARRIED.
179: REQUEST FOR A REHEARING - RECLASSIFICATION NO. 83-84-7 AND CONDITIONAL
USE PERMIT NO. 2499 AND NEGATIVE DECLARATION: Affidavit of Merit submitted by
William Pene, G.G.P. Associates, Inc., in support of a request for rehearing
on Reclassification No. 83-84-7 and Conditional Use Permit No. 2499 for a
change in zone from RS-A-43,000 to RM-1200 to permit a 79-unit apartment
complex on property located at 2620 West Ball Road with various Code waivers.
Both the Reclassification and Variance were denied by the City Council on
January 10, 1984, and Negative Declaration status disapproved.
The Mayor asked if Mr. Pene was present.
Mr. Bill Pene, G.G.P. Associates, stated, based on the dramatic need for
senior housing in the City, he was again present before the Council to request
a rehearing. At the rehearing, he would address some of the areas that were
of concern to the Council as expressed at the meeting of January 10, 1984.
Part of the problem was their lack of guidelines as to how they were going to
provide housing for seniors. He talked with people from the Anaheim Housing
Authority and the City Attorney's office. What he would provide at the
rehearing would be an agreement with the Housing Authority to provide 25
percent of the units in accordance with Section 8 rental guidelines, as well
as a covenant limiting the maximum number of tenants to two per unit and
raising the age limit from 55 to 60. They would also provide a recreation
room. In providing that, they lowered the density by one unit.
MOTION: Councilman Roth moved to grant a rehearing on Reclassification No.
83-84-7, Conditional Use Permit No. 2499, and Negative Declaration therefor.
Before any action was taken, the Mayor encouraged Mr. Pene to take another
look at the density. He had a deep concern over putting too much on that
piece of property. However, he shared Mr. Pene's statement that there was a
desperate need for senior housing.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1984, 10:00 A.M.
Councilwoman Kaywood asked for confirmation that Mr. Pene stated by providing
a recreation room they would be lowering the density by one unit to 78; Mr.
Pene answered that was correct.
Councilwoman Kaywood stated he requested a 54 percent density bonus at the
previous meeting and with an agreement with the Housing Authority, they would
be entitled to 25 percent, not 54 percent. She could not go along with
cubicles of 440 square feet. The seniors needed housing, not cubicles.
Councilman Pickler felt that they were starting from scratch and was of the
opinion that the developer should start ail over again by going first to the
Planning Commission. Before he approved any such project, he reiterated that
he would still like to see staff, senior citizens and developers meet to
formulate guidelines relative to senior citizen projects. Further, when he
saw a floor plan posted on the Chambers wall, it told him nothing. He would
like to see renderings when developers brought in their plans, so they could
see what they were getting.
Councilman Overholt commented that he felt it was remarkable that Mr. Pene
felt he had approval of his project before the Council acted on it; Mr. Pene
stated that was a risk they took because of the overwhelming support by the
Planning Commission.
Councilman Overholt continued that was the risk he took and then he ran into
criticism at the Council hearing by people who were in the same business who
felt the project was of poor design. He was inclined to grant the rehearing
and did not agree with Councilman Pickler that they should force him to wait
until the City formulated some guidelines. Relative to his impressions, it
was a "bandaid" deal and it did not fly without having a senior citizen label
on it and it still did not fly because the density was much too high. As
Councilwoman Kaywood said, by putting in a recreation room and raising the age
limit to 60, thinking that was going to be satisfactory to the Council, it was
not going to fly with him. He wanted to see Mr. Pene "dig in." He, too,
agreed it was a poor design. If he was not going to have significant changes
to present at the rehearing, the project was not going to get his vote.
Councilman Bay stated that the lines had been drawn. There were State
requirements imposed upon cities wherein if a developer wanted a 25 percent
density bonus they had to meet certain provisions under State law, and the
City could then give that bonus. Thus, relative to guidelines, they already
had them in place. Mr. Pene was asking for a 50 to 60 percent bonus, which
was already outside of State guidelines. He (Pene) had to show him he was
going to give the seniors a value for their money if he was going to vote for
it, and he was not convinced of that in the development as proposed on
January 10, 1984.
Councilman Overholt seconded the motion to grant a rehearing.
Before a vote was taken, Councilwoman Kaywood stated it was an irony that the
price would be the same with a good complex of standard Code sizes or little
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City Hall, Anaheim, California - COUNCIL MINUTES - January 17~ 1984, 10:00 A.M.
tiny ones, because the price of the land was going to be determined by what
the density was going to be. She did not want Mr. Pene to let that escape
him, because it changed the living environment for the whole City.
Councilman Bay asked if there was a cost involved for readvertising; City
Clerk Roberts clarified ~50 was the standard fee requested to help defray
legal publication costs.
Councilman Pickler maintained that the development should first go back to the
Planning Commission before coming to the Council; Councilman Overholt stated
that was a decision that could be made at the time of the rehearing.
Councilwoman Kaywood stated that someone from the Planning Commission had
requested that the Council have a joint meeting with them, because they were
very concerned with the fact that there were no guidelines and this was a
prior policy to take it case by case; Mayor Roth stated if the Planning
Commission wanted to have a meeting, they should so advise the Council.
A vote was then taken on the foregoing motion granting the rehearing and
setting the date and time as Tuesday, February 21, 1984, at 1:30 p.m., subject
to payment of the ~50 fee. Council Members Kaywood and Pickler voted "No."
MOTION CARRIED.
108: HEARING - ARCADE APPLICATION NO. 83-17, BARNES: Request by Peggy
Linney, to consider an appeal of the decision of the Planning Director
approving an Amusement Arcade Application for Barnes, 120-122 West Winston
Road, for 9 amusement devices.
The Mayor asked if Peggy Linney was present; she was not present.
The Mayor then asked to hear from those present in the Chambers audience who
wished to speak on the subject arcade, the application for which was approved
by the Planning Director.
Mr. Richard Bandenberg, l19-A West Winston Road, stated he lived across the
street from the Arcade and was opposed to it because of the noise factor.
They could hardly hear their television over the noise and if they had
company, they had to shut the door to be able to converse. That was a major
concern of the tenants. There had been five machines on the premises and one
of the ne~ghbor~ ~a~d they now had nine. Th~ noi~a had h~n had ~nough w~th
five.
Mrs. Ellis Johnston, 123-B West Winston Road, stated she was not in favor of
the arcade, because of the noise and also because the area was not well
maintained.
Councilman Bay asked staff for a report on the vote of the survey when it was
taken; Assistant Director for Zoning Annika Santalahti stated that they polled
130 residents and/or businesses and received 19 votes of opposition.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1984, 10:00 A.M.
Councilwoman Kaywood asked if they received approvals from the balance of the
residents or no response; Miss Santalahti answered no response, since they
typically did not receive approvals.
Mayor Roth asked if the applicant was present and advised of the hearing. The
applicant was not present.
City Clerk Roberts reported that notification was sent to the applicant on
January 6, 1984, and also to 139 West Winston, Apartment C (Peggy Linney,
appelant), was also notified.
Councilman Roth moved to deny Arcade Application No. 83-17 for Barnes, 120-122
West Winston Road, for 9 amusement devices. Councilman Pickler seconded the
motion.
Before a vote was taken, the Mayor explained that the applicant had an
opportunity to be present to present his case°
Councilwoman Kaywood asked how many other such businesses (furniture,
upholstery business) had amusement devices; Miss Santalahti answered that she
believed this was the first she was aware of.
Councilwoman Kaywood stated those businesses usually had normal daytime hours
of operation and were closed in the evening. If this was something that was
starting to happen, she would like to see it stopped.
A vote was then taken on the foregoing motion, including a ~eversal of the
Planning Director's approval of the application, and finding that such
approval would be contrary to the public interest, health, safety, morals and
general welfare of the citizens. MOTION cARRIED.
179: ORDINAiNCE NO. 4475: Councilman Pickier offered Ordinance No. 4475 for
first reading.
ORDINANCE NO. 4475: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-55(12), ML, 2890 and
2898 East Miraloma Avenue)
PUBLIC MEETING - ORANGE COUNTY TRANSPORTATION COMMISSION 15-YEAR
TRANSPORTATION PLAN: As a reminder, Councilman Bay announced the meeting to
be held Thursday, January 19, 1984, at 7:00 p.m. in the basement of the
Central Library, 500 West Broadway, subject: Orange County Transportation
Commission's 15-Year Transportation Plan proposed for the June ballot. The
purpose was to get public input on that Plan.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss litigation, public security, labor relations and potential litigation
with no action anticipated; the City Attorney requested a Closed Session to
discuss litigation and potential litigation with no action anticipated.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1984, 10:00 A.M.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:11 a.m.)
APTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (4:11 p.m.)
ADJOUPdqMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded
the motion. MOTION CARRIED. (4:12 p.m.)
LINDA D. ROBERTS, CITY CLERK
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