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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. 53 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. 54 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) 55 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. 57 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. 58 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. 59 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. 61 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. 62 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 63 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. 64 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. 65 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 66