1982/09/21City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
HUMAN RESOURCES DIRECTOR: Garry O. McRae
FACILITY MAINTENANCE SUPERINTENDENT: John L. Roche
CONVENTION CENTER/STADIUM/GOLF GENERAL MANAGER: Thomas Liegler
PROGRAM DEVELOPMENT & AUDIT GENERAL MANAGER: Ronald Rothschild
ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti
EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT: Norman J. Priest
Mayor Roth called the meeting to 6rder and welcomed those in
attendance to the Council meeting.
INVOCATION: The Reverend Tom Favreau, Hotline Help Center at Melodyland, gave
the Invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
"National American Businesswomen's Association Day in Anaheim"
September 22, 1982.
"United Way Month" October 1982.
"National Chess Week" September 27 - October 3, 1982.
Ms. Flo VanHorn was present to accept the National American Businesswomen's
Association Day proclamation.
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 all 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 %he reading of ~ueh
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,867,647.36, in
accordance with the 1982-83 Budget, were approved.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, 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. 82R-463 through 82R-467, 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 denied and referred to Risk Management:
1. Claim submitted by Michael Edwards for personal property damages
purportedly sustained due to golf ball striking windshield of claimant's
parked truck at the Dad Miller Golf Course, on or about August 3, 1982.
2. Claim submitted by Marsha Nelson for personal injuries purportedly
sustained due to a trip and fall accident on the sidewalk in front of 300
Harbor, on or about June 10, 1982.
3. Claim submitted by Ronald E. Mullen for personal and property damages
purportedly sustained due to golf balls from the 8th hole at the Dad
Miller Golf Course, on or about July 30, 1982.
B. Claim denied and referred to Governmental Programs Division, Markel
Service, Inc.:
4. Claim submitted by James Baker for false arrest, false imprisonment
and assault and battery purportedly sustained as a result of actions of an
Anaheim Police Officer, on or about July 14, 1982.
C. Claims allowed payment:
5. Claim submitted by Kimberly D. Rink for personal property damages to
claimant's parked and unoccupied vehicle by a City employee driving a City
vehicle at 5767 Santa Aha Canyon Road, on or about August 5, 1982. ($353)
6. Claim submitted by Eugene C. Swonger, Jr., for personal property
damages to claimant's parked vehicle by a City employee driving a City
vehicle in the parking 10t at 901 East Vermont, on or about August 3,
1982. ($892.70)
2. The following correspondence was ordered received and filed:
a. 105: Community Services Board--Minutes of July 22, 1982.
b. 105: Golf Course Advisory Commission--Minutes of August 19, 1982.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
c. 105: Project Area Committee--Minutes of August 10 and 24, 1982.
d. 105: Public Utilities Board--Minutes of J~ly 22, 1982.
e. 105: Senior Citizen Commission--Minutes of August 12, 1982.
f. 105: Youth Commission--Minutes of September 8, 1982.
g. 105: Community Redevelopment Commission--Minutes of July 28 and
August 25, 1982.
h. 156: Police Department--Monthly Report for August 1982.
i. 175: Before the Public Utilities Commission, Application No.
82-09-10, Southern California Gas Company to increase rates by $5,449,000
per year, for the Demonstration Solar Financing Program and estimated
undercotlection in the Conservation Cost Adjustment Balancing Account.
j. 175: Before the Public Utilities Commission, Application No.
82-09-11, Southern California Gas Company to increase rates by $4,758,000
per year, for the Residential Con- servation Program and estimated
undercollection in the Conservation Cost Adjustment Balancing Account.
k. 175: Before the Public Utilities Commission, Application No.
82-09-12, Southern California Gas Company and Pacific Lighting Gas Supply
Company to increase rates by $733,724,000 per year to offset cost impact
of increases in cost of purchased gas and to recover undercollections in
the Consolidated Adjustment Mechanism Balancing Account.
3. 160: Authorizing the Purchasing Agent to issue a purchase order to Mills
Ford in the amount of $45,866.95, for three van pool type vehicles in
accordance with Bid No. 3898.
4. 150/106: Accepting a donation from the Disneyland Hotel in the amount of
$300, to assist in sponsoring the 1983 Volunteer Recognition Banquet, and
appropriating the funds into Program No. 277, Co-Recreation, Teens, and
Volunteers.
5. 150/106: Accepting a donation from the Canyon Hills Junior Women's Club
in the amount of $1,000, to further improve Heritage Trail at the Oak Canyon
Nature Center, and appropriating the funds into Account No. 16-810-7103.
6. 123/130: Authorizing a termination agreement with Storer Cable TV, Inc.,
terminating the June 9, 1981 agreement providing for the lease of a portion of
Olive Hills Park as a microwave receiving site.
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City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
7. 123/106: Authorizing an agreement with the Anaheim Union High School
District in an amount not to exceed $65,000, with the City's share not to
exceed $32,500, for construction of a restroom building at Sycamore Junior
High School and authorizing Parks, Recreation and Community Services to expend
$32,500 from Program No. 16-804 to cover the City's share.
8. 160: Accepting the low bid of General Electric Company in the amount of
$28,010.50, for one 69KV, 1200 ampere, 350KV BIL circuit breaker for the Yorba
Substation in accordance with Bid No. 3889.
9. 160: Accepting the low bid of Westinghouse Electric Corporation in the
amount of $12,455, for one 15.5KV, 600 ampere vacuum circuit breaker for the
Katella Substation in accordance with Bid No. 3891.
10. 160: Accepting the low bid of McFarland Cascade in the amount of
$60,508.81, for twenty each 85-foot, class 2; fourteen each 90-foot, class 2;
two each 95-foot, class 2; and three each 95-foot, class 1, Western Red Cedar
Poles in accordance with Bid No. 3895.
11. 160: Accepting the bids of General Electric Company in the amount of
$13,458.82 for one each 1000KVA, three-phase padmount transformer; RTE
Corporation in the amount of $29,154.24, for six each, 225KVA, 480y/277-volt,
three-phase padmount transformers; and McGraw-Edison in the amount of
$27,163.56, for six each, 225KVA, 208y/120-volt, three-phase padmount
transformers, in accordance with Bid No. 3893.
12. 123: Authorizing an agreement with the National Center for Municipal
Development, Inc., in the amount of $5,000 for basic membership services and
for individual City services upon request, $60 per hour, with a nonrefundable
fee to be paid in advance; term ending June 30, 1983.
13. 114: Revising Council Policy Nos. 202 and 204, relating to En-
croachment Permits, Vacations or Abandonments, to provide for fees to be
established by resolution as follows:
COUNCIL POLICY NO. 202 - ENCROACHMENT PERMITS: "It is the policy of the City
Council that requests for encroachment permits not involving the erection of
any permanent building or structure shall be handled as an administrative
procedure, not requiring Council action. No encroachment permits shall be
granted, however, except upon the execution of an agreement by the permittee
indemnifying and holding the City harmless from any potential liability
relating to the exercise of said permit.
It is the policy of the City Council that no encroachment permit shall be
issued for the erection of any permanent building or structure. The City
Council may, at its discretion, however, abandon any portion of an existing
public easement or right of way where it finds that such abandonment will not
impair or limit the City's use or access to the easement or right of way for
those purposes for which the same was obtained.
840
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
On September 16, 1961, by Resolution No. 7205, the City Council authorized the
Mayor and City Clerk to execute all permits to encroach which have been
cleared through all departments and agencies involved and that have been
approved by the City Manager.
It is the policy of the City Council that a license fee be imposed for
encroachments and abandonments requested by owners of private properties.
Such fees will be established by Resolution of the City Council for the
purpose of defraying the cost of processing the request."
COUNCIL POLICY NO. 204 - VACATION OR ABANDONMENTS: "March 16, 1961
It is the policy of the City Council that the following steps will be used
prior to initiation of proceedings for vacation (to eliminate errors or
changes):
1. Submit request to Engineering Division so the following can be done:
ao
Draw sketch of the request.
Check ownerships involved or affected.
Prepare legal description, if in order.
Submit to City Attorney's Office for action.
September 21, 1982
It is the policy of the City Council that a license fee be imposed for
encroachments and abandonments requested by owners of private properties.
Such fees will be established by Resolution of the City Council for the
purpose of defraying the cost of processing the request.".
140: RESOLUTION NO. 82R-463: 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: CENTRAL
LIBRARY HVAC - REMOVAL OF EXISTING EQUIPMENT AND INSTALLATION OF NEW - IN THE
CITY OF ANAHEIM, ACCOUNT NO. 75-252-7121; APPROVING THE DESIGNS, PLANS,
PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF;
AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH
SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF.
(Bids to be opened October 21, 1982, 2:00 p.m.)
113: RESOLUTION NO. 82R-464: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD.
(former part-time Recreation Division employee personnel files)
841
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
164: RESOLUTION NO. 82R-465: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT CERTAIN WORK IS OF URGENT NECESSITY AND
AUTHORIZING THE CITY ENGINEER TO RECEIVE INFORMAL BIDS FOR CONSTRUCTION OF THE
LAKEVIEW-LA PALMA STORM DRAIN OUTLET STRUCTURE.
174: RESOLUTION NO. 82R-466: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TO CONTINUE A MINORITY BUSINESS PROGRAM FOR ALL PROJECTS IN THE CITY
OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION FUNDING AND
ESTABLISHING AN OVERALL MINORITY BUSINESS GOAL OF 3.9% FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1983.
158: RESOLUTION NO. 82R-467: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Vista Del
Rio Rancho Water Company; Johnson Family Trust; Lindborg Dahl #7 Westchester)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 82R-463 through 82R-467,
both inclusive, duly passed and adopted.
108: PRIVATE PATROL APPLICATION: After questions were answered by staff for
purposes of clarification, Councilwoman Kaywood moved to approve the Private
Patrol application submitted by Donald Edwin Hoke, Jr., Nor-Cai Security, to
provide private patrol service within the City, in accordance with the
recommendation of the Chief of Police. Councilman Overholt seconded the
motion. MOTION CARRIED.
108: ENTERTAINMENT PERMIT APPLICATION - GOODIES GO-GO: Councilwoman Kaywood
noted that last week they turned down a similar application on the basis that
there were 11 bars located in a small section of the City, and in this case,
there were 22 Alcoholic Beverage Commission (ABC) licensed businesses from the
beginning of the 2600 block of West Lincoln Avenue to the end of the 3000
block.
MOTION: Councilwoman Kaywood thereupon moved to deny the Entertainment Permit
Application submitted by Venustiano Torres, Goodies Go-Go (to be "Cassidy's"),
2810 West Lincoln Avenue, to permit a band on Thursday, Friday and Saturday,
from 9:00 p.m. until 1:30 a.m. Councilman Pickler seconded the motion.
MOTION CARRIED.
108: DINNER-DANCING PLACE PERMIT: After questions were answered by staff for
purposes of clarification, Councilman Bay moved to approve the application for
a Dinner Dancing Place Permit submitted by Dennis E. Conway, Razzmatazz, 821
South Beach Boulevard, to permit dancing Wednesday to Sunday, 7:00 p.m. to
2:00 a.m., in accordance with the recommendation of the Chief of Police.
Councilman Overholt seconded the motion. MOTION CARRIED.
842
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
123/144: ORANGE COUNTY MANPOWER COMMISSION, JOINT EXERCISE OF POWERS
AGREEMENT: Authorizing an amendment to the Joint Exercise of Powers Agreement
between the Cities of Anaheim, Santa Ana and Garden Grove and the County of
Orange, revising the structure of the Manpower Advisory Committee and
extending the term through September 30, 1983.
City Manager William Talley briefed the Council on memorandum dated
September 2, 1982, from the Human Resources Director, Garry McRae,
recommending that the Council approve the Joint Exercise of Powers Agreement
between the Cities of Anaheim, Santa Ana and Garden Grove and the County of
Orange, extending the term of the agreement, and revising the structure of the
Manpower Advisory Committee. He also briefed certain sections of the proposed
agreement especially relative to the composition of the Orange County Manpower
Commission.
Mrs. Yunt, Secretary-Treasurer of the Orange County Central Labor Council,
AFL-CIO, and member of the Private Industry Council, referred to the position
paper previously submitted to the Council under letter dated September 17,
1982, from Dan Beals, Chairman, Orange County Private Industry Council (on
file in the City Clerk's office) which she briefed and which was also amended
to include the following: "The Orange County Private Industry Council
specifically requests that the Councii proceed with the approval of the Joint
Powers Agreement submitted with the exception of Section 6, Page 9, and
extending through Line 10 of Page 12, with the understanding that this section
will be reviewed and rewritten prior to December 30, 1982. The signators, the
Private Industry Council, the Manpower Advisory Committee and the Orange
County Manpower Commission comprised a committee to review and rewrite Section
6 and make recommendations to the signators which will be forwarded to the
appropriate City Councils and/or Board of Supervisors for their final
approval."
They believed if the Council approved the Joint Powers Agreement with the
recommendation as articulated, it would assure continuation of the effective
program now in the County of Orange and in the various cities.
City Manager Talley, Chairman of the Audit Committee and the alternate
representative to the Orange County Manpower Commission, stated it was staff's
strong recommendation that Council approve the amendment as submitted. The
request made by Mrs. Yunt was basically a thrust for powers of the City to be
abrogated to a committee. Each one of the City Managers of Santa Aha,
Anaheim, Garden Grove and the County Administrative Officer agreed to
recommend to their bodies that the amendment go forward. If they were going
to have a joint powers agreement, it should be something that was worked out
by the staffs of the creating agencies and recommended to their bodies. He
reiterated they felt the Council would be giving up a significant amount of
their authority if they agreed to meet for 90 days and come in with something
that was acceptable to the very groups that were being disbanded and created
into the new committee.
843
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
Extensive dialogue followed during which Mr. Talley emphasized that the
essence of the matter was that the elected officials should have the ability
to revoke appointments made to the Commission, if appointees did not serve the
County properly, and the Council should not surrender that right to anyone
else. The new authority, effective October 1, 1982, should have concurring
authority and be something controlled by the signators to the Joint Powers
Agreement. If they found for some reason they did not meet the legislation as
it came down, they would be back with amendments on the composition, but not
on the method of appointment.
Mrs. Yunt stated she did not believe a delay in approving Section 6 would be
detrimental. They had a great deal of concern about the wording in that
Section and were asking simply for time for all the entities to get together
and work out an acceptable language for that Section.
At the conclusion of discussion and questions posed by the Council, Councilman
Pickler moved to authorize an amendment to the Joint Exercise of Powers
Agreement between the Cities of Anaheim, Santa Aha and Garden Grove and the
County of Orange, revising the structure of the Manpower Advisory Committee
and extending the term through September 30, 1983, as recommended by staff.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
159: EXTENSION OF BID DATE FOR THE CENTRAL-MECHANICAL MAINTENANCE FACILITY:
Councilman Bay offered Resolution No. 82R-468 for adoption, extending the bid
date for the Central-Mechanical Maintenance Facility to October 21, 1982, at
2:00 p.m. Refer to Resolution Book.
RESOLUTION NO. 82R-468: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-442 TO EXTEND THE BID DATE FOR THE CENTRAL
MECHANICAL MAINTENANCE FACILITY, ACCOUNT NO. 72-721-6325. (Bids to be opened
October 21, 1982, 2:00 p.m.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 82R-468 duly passed and adopted.
175/105: RECOMMENDATIONS OF APPOINTMENTS TO THE AD HOC COMMITTEE TO STUDY
LIFELINE RATES: Councilman Pickler moved that consideration of
recommendations for appointments to an ad hoc Committee to study Electric and
Water Lifeline Rates, as recommended in memorandum dated September 14, 1982,
from the Public Utilities Board, be continued for two weeks. Councilman
Overholt seconded the motion.
Before a vote was taken, Councilman Pickler explained for the Mayor the reason
he was requesting a continuance was to give him an opportunity to peruse the
applicants for the ad hoc Committee and perhaps submit recommendations of his
own.
844
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
Councilman Bay asked if a time constraint was involved and if a delay would
cause a problem; Assistant PubIic Utilities General Manager Ed Alario answered
that there was no time constraint and the purpose of the Committee was to
discuss the philosophy of lifeline rates, should they be continued, how
administered, etc.
A vote was then taken on the foregoing motion for a two-week continuance.
MOTION CARRIED.
105: RESIGNATION FROM THE COMMUNITY SERVICES BOARD: Councilwoman Kaywood
moved to accept, with regret, the resignation of Joan Burda from the Community
Services Board as submitted under a letter dated September 20, 1982, and that
a letter of thanks be sent to Mrs. Burda for her services. Councilman
Overholt seconded the motion. MOTION CARRIED.
115: PLACEMENT OF PODIUM IN THE COUNCIL CHAMBERS: Council Members gave their
input relative to the relocation of the podium in the Council Chambers so as
to mitigate a hazardous situation for those approaching the podium to speak.
(Also see memorandum dated August 19, 1982, from Facility Maintenance,
attached to which was a letter from the architect of the Civic Center, Dan L.
Rowland and Associates, recommending alternate Scheme "A" or Scheme "B" to
eliminate the problem.)
Mr. John Roche, Facility Maintenance Superintendent, then answered questions
posed by the Council, and elaborated on both Scheme "A" and Scheme "B". He
also explained that should the podium be moved back (Scheme "A"), the
estimated cost to do so was $1,000.
Councilman Bay moved to approve Scheme "A" which involved relocation of the
podium, and that the gate leading to the podium be removed. Councilman Roth
seconded the motion.
Before a vote was taken, Mr. Roche confirmed for Councilman Overholt that
relocating the podium would not allow any exit access at that point, which was
now available.
A vote was then taken on the foregoing motion. Council Members Kaywood and
Overholt abstained. MOTION CARRIED.
Councilman Overholt expressed his concern and the reason for abstaining was
due to the fact that one-third of the exit capability of that portion of the
Chambers would be eliminated. He felt they should have the Fire Department's
recommendation before making a decision; Councilwoman Kaywood stated that was
a concern of hers as well.
Mayor Roth clarified that the motion of approval was dependent upon and
subject to the Fire Department's approval.
845
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
CONSENT CALENDAR ITEM: On motion by Councilman Pickler, seconded by
Councilman Roth, the following item was approved in accordance with the report
and recommendation furnished each Council Member and as listed on the Consent
Calendar.
CONDITIONAL USE PERMIT NO. 2015 - EXTENSION OF TIME: Submitted by Lanikai
Management Corporation, requesting an extension of time to Conditional Use
Permit No. 2015, to permit a commercial office complex on CR zoned property
located at 1211 South Harbor Boulevard, with Code waiver of minimum number of
parking spaces.
An extension of time was granted to Conditional Use Permit No. 2015, to expire
October 16, 1983, as recommended by the Zoning Division.
MOTION CARRIED.
101/162: UNITED WAY OF ORANGE COUNTY - REQUEST FOR WAIVER OF STADIUM PARKING
FEES: Dennis John Gaschen, Communications Associate, requesting waiver of
parking fees for participants in "This Hand is Your Hand" event to be held
September 25, 1982, at Anaheim Stadium.
Mr. George Phillips, 2724 North Bristol, Santa Aha, Communications Director,
stated he was present to ask the Council to take exceptional action, not only
because the subject event itself was exceptional, but also because they felt
that United Way as an organization was exceptional. He requested that they
waive the parking fees for the participants of the event, so that those people
could freely participate in the program and demonstrate their enthusiasm.
Mayor Roth explained that the staff recommendation in memorandum dated
September 14, 1982, from the Stadium/Convention Center/Golf General Manager,
Tom Liegler, was to deny the request, the major problem being its
precedent-setting ramifications.
Mr. Phillips stated that the kind of event taking place was an unprecedented
one and if they had the courage to take an action to violate their own
precedent, he felt this was the time to do so.
Councilman Pickler favored granting the requested waiver of fees as he had in
the past when a similar request was received from the Boy Scouts. He
maintained that they should give organizations like the Boy Scouts and United
Way an opportunity to utilize the Convention Center and Stadium lots without
having to pay the parking fee, especially if those lots were not being used
for functions taking place at those facilities. He felt requests should be
considered on their individual circumstances. He also felt they had to take a
second look at the matter.
At the request of Councilwoman Kaywood, Tom Liegler, Stadium/Convention
Center/Golf General Manager, explained the policy that they had adhered to
since the opening of Anaheim Stadium in 1966 relative to requests for a waiver
of parking fees, after which he answered questions posed by Councilman Pickler.
846
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
Council Members Bay, Overholt and Kaywood expressed their opposition to
granting the request for waiver of the parking fee on the basis of the
dangerous precedent it would set, since many such requests were received on an
ongoing basis. Councilman Overholt also suggested that if they were going to
change a policy of long standing, they should do it only after studying the
total impact.
Mayor Roth was in favor of the request for the waiver of parking fees, and
stated that his position had not changed in that they had to look at such
requests on their own merits.
Councilman Pickler moved to approve the request for a waiver of Stadium
parking fees for participants in the "This Hand is Your Hand" event to be held
September 25, 1982, at Anaheim Stadium.
The motion failed to carry by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler and Roth
Kaywood, Overholt and Bay
None
MOTION: Councilman Overholt moved to deny the request for waiver of Stadium
parking fees for the subject event to be held September 25, 1982, at Anaheim
Stadium, in accordance with the staff recommendation dated September 14,
1982. Councilman Bay seconded the motion. Councilmen Pickler and Roth voted
"no." MOTION CARRIED.
108(TOT): ANAHEIM MARRIOTT HOTEL - REQUEST FOR ABATEMENT OF PENALTIES:
Marriott Corporation, Taxes Division, for abatement of the penalty assessed on
the late filing of the Transient Occupancy Tax due on the Anaheim Marriott
Hotel. Submitted was a report from the Business License Division recommending
denial of the request for abatement.
Mr. Joel Rothman, General Manager, Marriott Corporation, 700 West Convention
Way, explained that extenuating circumstances were involved and there was no
dollar discrepancy, but only a matter of timing on payments of taxes
collected. (See letter dated August 31, 1982, from Robert B. Morris, Vice
President--Taxes, Marriott Corporation, International Headquarters, which
explained the situation in detail--on file in the City Clerk's office.) The
Marriott Corporation utilized a 13-month period accounting system, rather than
the typical 12-month calendar year. Mr. Scott Ringer, Controller, Marriott
Corporation, then submitted to the Council a payment schedule to support their
contention that they did not intend to avoid any payment (on file in the City
Clerk's office).
Councilman Bay stated he understood the issue was not to try to get the City
to change their accounting system to accommodate that of the Marriott's, but
instead, Marriott was going to be changing their procedures to meet the City's
requirements. The issue was to relieve the penalty assessed and he questioned
the City Attorney as to how they could do so.
847
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
City Attorney William Hopkins answered that the ordinance did not provide a
method of waiving the penalty. Without amending the ordinance, there was no
way Marriott could be relieved of that penalty. His recommendation was
against the waiver. In the past, the Council did make a finding that the tax
was not delinquent, but that was with regard to when the payment was mailed.
Questions were then posed to Mr. Rothman and Mr. Ringer by Councilman
Overholt, during which discussion took place regarding whether or not
notification was made to the Anaheim Marriott, as opposed to their corporate
headquarters, indicating that, in fact, there was a problem and penalties were
mounting. It was determined that Mr. Rothman (local Marriott) had not been
advised.
At the conclusion of discussion, Councilman Overholt expressed his opinion
that it would have been prudent to contact Mr. Rothman, as well to advise him
of the situation that his company was building up a penalty. He felt that
since that was not done, there was a threat of litigation with the possibility
that Marriott would be successful, and in order to avoid litigation, he would
like to find a way to give relief in the matter.
City Attorney Hopkins stated if the Council wished, they could find that
because of the accounting method applied by Marriott, they were not late in
their payments within the meaning of the penalty clause. Although that could
be done, he would not recommend it.
MOTION: Councilman Roth moved that the Council find that because of the
accounting method applied by the Marriott, they were not late in their
payments within the meaning of the penalty clause. Councilman Overholt
seconded the motion.
Before a vote was taken, Councilman Bay spoke against the motion, since if
they made such an exception on the basis as stated, they would subsequently be
subjecting themselves to the possibility of numerous lawsuits from other
hotels and motels in the City who had paid late payment penalties, while at
the same time setting a precedent wiping out those penalties in the future.
He was not against finding some way to mitigate the situation, but he felt the
way they were about to do it would be disastrous. Further, he did not think
that potential litigation or legal opinions should be discussed in open
meetings. It was a subject for Closed Session between the Council and the
City Attorney.
MOTION: Councilman Bay moved that consideration of the request by the
Marriott Corporation for abatement of the penalty assessment on the late
filing of the Transient Occupancy Tax due on the Anaheim Marriott Hotel be
continued for two weeks for further investigation and discussion. Councilman
Overholt seconded the motion.
Mr. Rothman stated, from their standpoint, a three-week continuance would be
more convenient.
8z~8
City Hall, Anaheim, California - COUNCIL MINUTES - September 21~ 1982, 10:00 A.M.
Councilman Bay amended his motion of continuance for three weeks, which was
also agreeable with Councilman Overholt. MOTION CARRIED.
VARIANCE NO. 3041 - EXTENSION OF TIME: Councilwoman Kaywood noted that such
requests for extensions of time were made routinely and she was interested in
knowing her original vote. She did not want to vote contrary to her original
vote on the extensions of time.
City Clerk Linda Roberts reported that the original vote was all ayes, but two
members of the present Council were not Council Members at that time.
MOTION: Councilman Roth moved to approve the requested extension of time
submitted by Dr. Andrew W. Klein, to Variance No. 3041, to construct an
accessory living quarter, garage and fence on property located at 191
Starlight Drive, with Code waivers of maximum fence height and minimum
structural setback, to expire September 19, 1983, as recommended by the Zoning
Division. Councilman Pickler seconded the motion. MOTION CARRIED.
CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by
Councilman Bay, the following actions were authorized in accordance with the
reports, certifications and recommendations furnished each Council Member and
as listed on the Consent Calendar Agenda; Councilwoman Kaywood offered
Resolution Nos. 82R-469 and 82R-470 for adoption. Refer to Resolution Book.
179: RESOLUTION NO. 82R-469: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CONDITION NO. 15 OF RESOLUTION NO. 81R-356, NUNC PRO TUNC,
APPROVING A ZONE CHANGE IN RECLASSIFICATION PROCEEDINGS NO. 80-81-14.
(Westwinds Mobilehome Park, clarification of relocation assistance
requirements)
179: RESOLUTION NO. 82R-470: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CONDITION NO. 4 OF RESOLUTION NO. 82R-357, NUNC PRO TUNC,
GRANTING, IN PART, CONDITIONAL USE PERMIT NO. 2121. (Westwinds Mobilehome
Park)
134: GENERAL PLAN AMENDMENT NO. 155: Setting October 12, 1982, 1:30 p.m. as
the date and time for a public hearing to consider an amendment to Condition
No. 2 of Resolution No. 80R-252, relating to General Plan Amendment No. 155.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 82R-469 and 82R-470 duly
passed and adopted.
142/179: ORDINANCE NO. 4364: Mayor Roth first asked if anyone wished to
speak to the proposed ordinance, adding a Mobilehome Park Overlay Zone; no one
wished to speak.
849
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
Councilwoman Kaywood offered Ordinance No. 4364 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4364: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER
18.92 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING SECTIONS
18.01.140 AND 18.01.190 OF CHAPTER 18.01 AND SECTION 18.02.051 OF CHAPTER
18.02 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Mobilehome Park Overlay (MHP) Zone)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4364 duly passed and adopted.
114: LIAISON MEETING - LIBRARY BOARD: Councilman Overholt reported on his
attendance at the subject meeting held the prior week wherein the Board
indicated that they wanted to honor two retiring Board Members, Joanne Stanton
and Irv Pickler. Further, the Board would like to meet with the Council the
latter part of October, particularly with reference to the Bookmobile Program,
as well as other matters. He discussed with them that perhaps a joint meeting
with the Council could take place during a "finger-sandwich" lunch on Council
meeting day.
101: GOLD BOWL: Mayor Roth noted that it appeared Anaheim would be hosting
the Football Gold Bowl on January 22, 1983, at Anaheim Stadium. He wanted to
express his thanks to The Register Sports Editor, John Hall, for initially
bringing the matter to the attention of Anaheim and for involving Publicity
Director Doug Finley, as well as City Manager Bill Talley, Tom Liegler and
himself. They had several meetings thus far. One of the clinching meetings
was that hosted by Joel Rothman of the Anaheim Marriott, which included the
donation of the Presidential Suite one Saturday morning where a long meeting
took place amphasizing the attributes of Anaheim as a perfect host City for
the Bowl. The result was another feather in tl .... ~ of the City. capturinE a
nationally televised event. He thanked all who participated.
Councilman Bay asked if the Council had been fully informed on the contracts
involved and also, if the City was exposed to any expenditure; the Mayor
stated it appeared they were going to host the Gold Bowl, subject to the City
and the sponsors of the Bowl meeting negotiating and subsequently presenting
the proposals to Council, the recommendation being that there be no cost to
the City.
139: OPPOSITION TO PROPOSITION 13 WATER RESOURCE INITIATIVE ON THE NOVEMBER
1982 BALLOT: Mayor Roth referred to the presentation made by Dennis MacLain
at the Orange County League of Cities Meeting on Proposition 13, the Water
Resources Initiative. He recommended the the Council oppose the initiative
850
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
and to generate publicity on its ultimate detrimental effect, so that voters
would have an understanding and be well informed as to its dangerous
implications and far-reaching effects, not only to water rights, but also the
cost of water in the future.
Councilman Roth moved that a Resolution in opposition be prepared to be sent
to all Orange County Cities, asking them to join the City's position and to
advise their citizens accordingly. Councilman Overholt seconded the motion.
MOTION CARRIED.
132/144/148: APPOINTMENT TO SOLID WASTE MANAGEMENT ADVISORY COMMISSION:
Councilwoman Kaywood noted that there was to be a recommendation to the League
of Cities for an appointee to the subject Commission. She felt it was very
important that Anaheim have a representative on that Commission.
Mayor Roth agreed that it was extremely important, and suggested that Mayor
Pro Tem Bay be appointed.
Councilman Bay expressed his regrets and stated he could not accept, mainly
because it was his considered opinion that the makeup of the Board would have
very little to say regarding decisions to be made. He suggested that
Councilman Pickier be appointed because of his experience in dealing with the
County bureaucracy.
MOTION: Councilman Bay thereupon moved to support the nomination of
Councilman Pickler at the Orange County Division League for appointment to the
Solid Waste Management Advisory Commission. Councilman Overholt seconded the
motion. MOTION CARRIED.
RECESS - CLOSED SESSION: The City Manager requested a Closed Session to
discuss labor relations with no action anticipated; the City Attorney
requested a Closed Session to discuss litigation and potential litigation with
no action anticipated.
Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (11:58 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (2:00 p.m.)
AFTER RECESS: Chairman Roth reconvened the Anaheim Redevelopment Agency, all
Agency Members being present, for the purpose of conducting a joint public
hearing with the City Council. (2:00 pm.)
123/161.123: RAYMOND A. AND CONNIE Y. MASCIEL - JOINT PUBLIC HEARING -
ANAHEIM REDEVELOPMENT AGENCY/CITY COUNCIL: To consider a proposed Disposition
and Development Agreement with Raymond A. and Connie Y. Masciel for
construction of a two-story office building on land located at the southeast
corner of Harbor Boulevard and Cypress Street (200 North Harbor Boulevard) in
Redevelopment Project Alpha, known as Parcel la.
851
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
Mr. Norman Priest, Executive Director of Community Development, then briefed
the Council/Agency on his memorandum dated September 7, 1982, recommending (1)
that the Agency adopt a resolution certifying an initial study of
environmental impact, finding that no further environmental documents are
necessary as the result of the sale of certain real property and terms of a
Disposition and Development Agreement, (2) approving the sale of certain real
property according to the agreement between the Agency and Raymond A. and
Connie Y. Masciel (developer), (3) that the City Council adopt a resolution
certifying the Initial Study with respect to the proposed Disposition and
Development Agreement between the Redevelopment Agency and Raymond A. and
Connie Y. Masciel, a sole proprietorship, finding that the consideration for
the sale of the property thereunder is not less than fair market value in
accordance with covenants and conditions governing such sale; and approving
the sale of such property and said Disposition and Development Agreement, and
(4) that the Agency approve the basic concept drawings.
After questions were posed to Mr. Priest by Council/Agency Members for
purposes of clarification, Mayor Roth asked if the applicant or applicant's
agent were present and wished to speak.
Mr. Ron Bevins, 300 South Harbor Boulevard, Attorney for the applicants,
stated that staff had covered the approximate three years of effort devoted to
the project. They were in agreement with the Disposition and Development
Agreement as drawn. The Masciels and their architect were present to answer
any questions relative to the proposed project (renderings of the development
were posted on the Chambers wall).
The Mayor asked if anyone wished to speak to the proposed Disposition and
Development Agreement; there being no response, he closed the public hearing.
Agency Member Pickler offered Resolution Nos. ARA82-49 and ARA82-50 for
adoption. Refer to Resolution Book.
RESOLUTION NO. ARA82-49: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
CERTIFYING AN INITIAL STUDY WHICH FINDS AND DETERMINES THAT THE PROPOSED SALE
AND REDEVELOPMENT OF CERTAIN PROPERTY LOCATED IN REDEVELOPMENT PROJECT ALPHA
WILL HAVE NO SIGNIFICANT EFFECT ON THE ENVIRONMENT AND THAT A SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT NEED NOT BE PREPARED.
RESOLUTION NO. ARA82-50: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING THE PROPOSED SALE OF REAL PROPERTY IN REDEVELOPMENT PROJECT ALPHA;
APPROVING THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING
THERETO; AND AUTHORIZING THE EXECUTION OF SAID DISPOSITION AND DEVELOPMENT
AGREEMENT.
852
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
AGENCY MEMBERS:
AGENCY MEMBERS:
AGENCY MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Chairman declared Resolution Nos. ARA82-49 and ARA82-50 duly passed and
adopted.
Councilman Pickler offered Resolution No. 82R-471 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 82R-471: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CERTIFYING THE INITIAL STUDY WITH RESPECT TO THE PROPOSED DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND RAYMOND
A. AND CONNIE Y. MASCIEL, A SOLE PROPRIETORSHIP, FINDING THAT THE
CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER IS NOT LESS THAN FAIR
MARKET VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE;
AND APPROVING THE SALE OF SUCH PROPERTY AND SAID DISPOSITION AND DEVELOPMENT
AGREEMENT.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 82R-471 duly passed and adopted.
MOTION: Agency Member Bay moved to approve the basic concept drawings of the
subject development. Agency Member Overholt seconded the motion. MOTION
CARRIED.
ADJOURNMENT OF THE REDEVELOPMENT AGENCY: Agency Member Roth moved to
adjourn. Agency Member Bay seconded the motion. MOTION CARRIED. (2:15 p.m.)
CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 81-82-5, CONDITIONAL USE
PERMIT NO. 2259 AND NEGATIVE DECLARATION: Application by American National
Properties, Inc., for a change in zone from RS-A-43,000 to C-R, to permit a
five-story office building on property located at 2111 South Manchester Avenue.
The City Planning Commission, pursuant to Resolution No. PC81-242, disapproved
a negative declaration status on the project and further, denied
Reclassification No. 81-82-5 and Conditional Use Permit No. 2259.
The decision of the Planning Commission was appealed by the applicant and
public hearing scheduled and continued from the meetings of January 12,
March 16, May, 4, July 6 and July 27, and August 17, 1982, and continued to
this date.
853
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
City Clerk Linda Roberts announced that Mr. Terry Tweedt, Vice President,
American National Properties, in his letter dated September 20, 1982, stated
that they did not intend to appear today. He was instead requesting that his
petitions be referred back to the City Planning Commission.
The Mayor asked if anyone was present who wished to speak; there being no
response, he closed the public hearing.
MOTION: Councilwoman Kaywood moved to grant the applicant's request that his
petitions be referred back to the Planning Commission. Councilman Roth
seconded the motion. MOTION CARRIED.
PUBLIC HEARING - VARIANCE NO. 3285 AND NEGATIVE DECLARATION: Application by
Steve L. and Debra H. Petersen, to construct a garage or carport addition on
RS-7200 zoned property located at 2333 Puritan Lane, with Code waivers of
minimum landscaped setback and minimum number and type of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC82-149, declared
that the subject project be exempt from the requirement to prepare an
Environmental Impact Report, pursuant to the provisions of the California
Environmental Quality Act, since there would be no significant individual or
cumulative adverse environmental impacts due to the approval of this negative
declaration, since the Anaheim General Plan designates the subject property
for low density land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; and that the initial study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts due to this project, and further, denied
Variance No. 3285.
The decision of the Planning Commission was appealed by the applicants and a
public hearing scheduled this date.
The City Clerk announced that a petition containing 47 signatures had been
received requesting that the single-family zoning remain the same.
The Mayor asked to hear from the applicant or applicant's agent.
Mr. Douglas Weeks, 8448 Katella Avenue, attorney for the applicants, explained
the reasons for the appeal were as follows: (1) the Plannin~ Commission
disapproved the application; (2) there was a strong feeling on the part of the
Petersens and upon his review of the minutes, that the Planning Commission
hearing was not a fair one. As he understood the law, when there were
practical difficulties, a variance may be granted to prevent discrimination of
the property owners so long as there were no special privileges given. There
was evidence that there were eleven similar conversions in the neighborhood;
and (3) the conversion had already taken place and the requested variance was
to allow the conversion. If the variance were not granted, there would be an
expense in reconverting the structure back to a garage.
854
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
Mr. Weeks further stated they did not feel any weight was given to the
proponents of the request. There was a petition attempted to be submitted on
behalf of the Petersens signed by 27 of the neighbors. He wanted to know if
that had been received by the Council. (The petition had previously been made
a part of the record, dated July 17, 1982, and contained 28 signatures.) He
did not believe that petition was considered at the Planning Commission
hearing and he felt that was an error. The petition indicated that the
signators had no objection to the Petersens filing for and obtaining the
requested variance. Also at the hearing, there was a vote taken to see how
many opponents were present, but never a request for a vote of the proponents
present.
Before concluding, Mr. Weeks spoke to some of the concerns raised at the
Planning Commission hearing (see Planning Commission minutes of the meeting of
July 26, 1982). He also submitted photographs of the property, explaining
that the house was a corner lot, the front of which faced Puritan Lane and the
side on Peregrine, which dead-ended at the Petersen house. There was a block
wall at the end of the street and a field on the other side of that wall.
Thus, there would be no effect on the aesthetics of the neighborhood. He
maintained there would be prejudice involved if the variance were not granted,
and that was the essence of the decision. He asked that they review the
petition, look at the pictures, and consider the financial burden that would
be involved, as well as the burden of not being fully able to utilize their
property as others in the neighborhood had done as evidenced by the eleven
conversions in the immediate neighborhood.
Councilman Overholt asked Mr. Weeks to identify those other properties; Mr.
Weeks stated he could provide the addresses and would do so, and had with him
a picture of one of the conversions located almost directly across the street
from the Petersens, with three trees growing in front. He submitted pictures
of that property.
The following people then spoke in favor of the granting of Variance No.
3285:
Mary Rebecca Petersen, 92C Tanana, Costa Mesa, stated that she and her husband
bought the subject home in 1965. After her husband died, she kept the house
for seven years, but it was too much for her to care for and she sold it to
her son and his wife with the stipulation that when she retired, she could
come back and live with them, and so they proceeded with the conversion of the
garage with the understanding that the additional room would be for her living
quarters.
Mrs. Kathryn Quiggle, 512 Peregrine, submitted a picture of the view of the
Petersen property from her house. They were pleased with the improvement in
the outside decor since Steve and Debbie Petersen bought the property
approximately five years ago. They would welcome the sight of a decorative
carport constructed over the existing driveway at the rear of the Petersens.
They joined with many of the residents of the area who signed a petition in
favor, requesting that they give the Petersens' appeal favorable consideration.
855
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
Debbie Petersen, 2333 Puritan Lane, stated she and her husband were the owners
of the subject property. Five of the lots Mr. Weeks indicated were garage
conversions were within 400 feet of their property. Also, their garage
conversion was complete. She was not renting the garage, but it was used as a
game room and office. She had a license for interior design, but she did not
have traffic going to and from her home. She also confirmed that one of the
stipulations when Rebecca Petersen sold the house was that she would be able
to live with them when~she retired, and the conversion was done with that in
mind.
The following people spoke in opposition to Variance No. 3285:
Mrs. Charles Moore, 500 South Peregrine, directly across from the subject
property, stated she had a much better view of the property than did Mrs.
Quiggle. She was opposed to the variance request and the carport, since that
would be her major view.
Councilwoman Kaywood noted that the petition submitted by those who were
opposed stated "We the residents request that the existing single family
dwelling zoning remain the same." She emphasized for Mrs. Moore that no one
was proposing a zoning change.
Mrs. Moore stated she hoped that that was not the case, but if Mrs. Petersen
moved in when she retired, that would be two dwellings on one lot, and that
would change the zoning; Councilwoman Kaywood pointed out that it involved a
member of the same family and an attached garage. She felt the wording was
misleading on the petition.
Mrs. Moore confirmed for Councilman Overholt that she would be happier without
having to look at a carport and would prefer to have the property remain as it
is at present.
Mr. John DeVaney, 2336 Alden, stated he was for upholding the status quo of
the neighborhood. Although Councilwoman Kaywood assured Mrs. Moore that there
was no proposed change in the zoning laws, it seemed that their way of life as
they had enjoyed it all through the years was being challenged by the
proposal. He joined with his neighbors in opposing the requested variance.
Although he realized it was not a request for a change in the zoning, he felt,
if granted, it was an opening that would eventually do so.
Councilwoman Kaywood also assured Mr. DeVaney that she shared the same fear,
and wanted the City's single-family residential neighborhoods to remain as
such. She would not be considering the request at all if it were proposed as
a rental unit, and she was certain the neighborhood would report that fact if
it occurred.
There being no further persons who wished to speak, the Mayor asked Mr. Weeks
to make his summation.
856
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
Mr. Weeks first reiterated that the carport would not abut the sidewalk, but
would be five feet back. Further, although he had not seen the opposing
petition, it sounded like it might have been prejudicial, since the Petersens
were not talking about a zoning change. They stated they would consider a
recorded deed restriction if the Council felt it was necessary. There were
also no plans for a rental.
Councilman Overholt noted that Mr. Weeks stated if they were to be denied,
that they could submit alternate plans; Mr. Weeks stated there was a
possibility that a carport could be constructed on the other side of the
garage, and the entrance would be on Puritan; however, they would still need
to get a variance. It would be more expensive, and he did not feel it would
add anything aesthetically. They would prefer a carport, but if the Council
felt that could not be done, they would submit a revised plan. According to
the'Building Inspectors, they needed a garage or a carport.
Councilman Overholt stated that Mrs. Moore was the only one who was exposed to
the physical impact the carport would bring. He asked about the possibility
of granting the variance with a converted garage, but utilizing the present
parking in the driveway for three cars without a carport.
Miss Santalahti stated they could approve the variance without requiring a
carport or garage.
There being no further persons who wished to speak, the Mayor closed the
public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, the City Council finds that subject
project will have no significant individual or cumulative adverse
environmental impact due to the approval of this negative declaration since
the Anaheim General Plan designates the subject property for low density land
uses commensurate with the proposal; that no sensitive environmental impacts
are involved in the proposal; that the Initial Study submitted by the
petitioner indicates no significant individual or cumulative adverse
environmental impacts; and is, therefore, exempt from the requirement to
prepare an EIR. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 82R-472 for adoption, granting
Variance No. 3285 with a carport, and reversing the findings of the City
Planning Commission, subject to the following Interdepartmental Committee
recommendations:
1. That the converted garage structure shall be brought up to the minimum
standards of the City of Anaheim, including the Uniform Building, Plumbing,
Electrical, Housing, Mechanical and Fire Codes as adopted ty the City of
Anaheim.
2. That subject property shall be developed substantially in accordance with
the plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 4.
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
3. That Condition Nos. 1 and 2, above-mentioned, shall be complied with prior
to final building and zoning inspections.
Refer to Resolution Book.
RESOLUTION NO. 82R-472: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3285.
Before a vote was taken, Councilman Overholt stated he was going to vote
against the resolution. He did not feel that carports were the most
aesthetically pleasing structures, and they were dealing with a single-family
residential community. By granting the variance, they would be advertising
the fact that there had been a conversion of the garage into another unit.
The only resident to be impacted would be Mrs. Moore and her family who would
have to look at the carport. He was voting against the variance for that
reason only.
Councilman Bay stated he was going to vote against granting of the variance,
because he felt it would set a dangerous precedent in taking an illegal
conversion and making it legal. In his neighborhood, there were homes being
rented to more than one family. If they allowed additional living space by
garage conversions, they would eventually encourage that type of rental when
the home changed hands.
A vote was then taken on the foregoing resolution.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler and Roth
Overholt and Bay
None
The Mayor declared Resolution No. 82R-472 duly passed and adopted.
Mayor Roth assured those present in opposition that they could leave with the
idea that the action was a variance approval and not a zone change. They were
not permitting a multiple-family rental on the property. He was certain, as
vocal as they were, if an attempt were made to make the conversion a rental,
they would be back to the City immediately. They were in the best position to
observe and safeguard against such an occurrence.
Councilman Overholt stated he was going to ask that the locations where the
illegal conversions were made, as reported by Mr. Weeks, be checked into to
assure that there were no rentals; Mr. Weeks stated they were not saying they
were rentals, but conversions.
Mayor Roth left the Council Chambers. (3:10 p.m.)
RECESS - CLOSED SESSION: By general consent of the Council Members present,
the Council recessed into Closed Session. (3:12 p.m.)
858
City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M.
AFTER CLOSED SESSION: Mayor Pro Tem Bay called the meeting to order, all
Council Members being present with the exception of Mayor Roth. (4:11 p.m.)
ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Pickler seconded
the motion. Councilman Roth was absent. MOTION CARRIED. (4:11 p.m.)
LINDA D. ROBERTS, CITY CLERK
859