1984/09/04209
City Hall~ ~-ah~!m~ California - COUNCIL MINUTES - September 4, 1984, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
P~SE~:
~SENT:
P~SE~:
COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
COUNCIL MF24BERS: None
CITY MANACER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Leonora N. Sohl
ASSISTANT PLANNING DIRECTOR FOR ZONING: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend J. Stewart Kreiss, United Methodist Mission Church in
Anaheim Hills, gave the Invocation.
FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council:
"Cover Expo Days" in Anaheim, September 15-16, 1984.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Bay moved to waive
the reading in full of all ordinances and resolutions of the A~enda, after
reading of the title thereof by the City Clerk, and that consent to waiver is
hereb~ 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 Pickler seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of 32,081,724.87, in
accordance with the 1984-85 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution Nos. 84R-339 through 84R-343, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
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City Hallt Anaheimt California - COUNCIL MINUTES - September 4~ 1984~ 10:00 A.M.
a. Claim submitted by Page Henry for personal injury damages sustained
purportedly due to hazardous condition at the Convention Center, on or about
April 15, 1984.
b. Claim submitted by Helen Connors for personal injury damages sustained
purportedly due to a trip-and-fall accident on the sidewalk at 115 West
Stueckle, on or about Hay 8, 1984.
c. Claim submitted by Susan Philip for personal injury damages sustained
purportedly due to an accident caused by malfunctioning traffic signals at the
intersection of Katella and Ninth Street, on or about May 4, 1984.
d. Claim submitted by Robert M. Roach for personal property damages
sustained purportedly due to power surge at 2253 West Coronet, on or about
July 8, 1984.
e. Claim submitted by Salvation Army for personal property damages
sustained purportedly due to power failure at 201 East Cypress, on or about
July 7, 1984.
f. Claim submitted by Helen and Duane Seher for personal property damages
sustained purportedly due to brownout at 253 Larch, on or about July 16, 1984.
g. Claim submitted by Dan H. Reed and Westfield Insurance Company for
damages sustained purportedly due to an accident caused by a malfunctioning
traffic signal at the intersection of La Palma Avenue and Kraemer, on or about
June 18, 1984.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Redevelopment Commission--Minutes of August 1, 1984.
3. 123: Authorizing the First Amendment to Parking Lease with King of
California, Inc., extending the term to December 31, 1986.
4. 123: Authorizing the Second Amendment to an agreement with E. Del Smith
and Company, Incorporated, extending Washington representation services from
July 1, 1984 to June 30, 1985.
5. 153: RESOLUTION NO. 84R-339: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 84R-243 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS PROFESSIONAL AND TECHNICAL MANAGEMENT.
(adjusting the salary range for the classification Water Field Work
Coordinator to XU SR05, effective August 24, 1984)
Roll Call Vote:
AYES: COUNCIL MF~MBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Overholt, Pickler and Roth
Bay
None
The Mayor declared Resolution No. 84R-339 duly passed and adopted.
88O
207
City ~.11~ Anaheimt California - COUNCIL MINUTES - September 4t 1984~ 10:00 A.M.
6. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent
to issue a purchase order to American Seating Co., in the amount of 521,939.24
for replacement seats and backs in the Stadium public events seating areas.
7. 160: Accepting the low bid of Emergency One, Inc., in an amount not to
exceed 5732,423.96 ($369,391.98 per ,mit) for one 1984 ll0-foot Aerial
Ladder/Quint Motorized Fire Apparatus with option for second unit (to be
reimbursed by Kaufman & Broad), in accordance with Bid No. 4115.
123: Authorizing a seven-year Municipal Lease Purchase Agreement with Federal
Signal Credit Corp., for purchase of one ll0-foot Aerial Ladder/Quint
Motorized Fire Apparatus with an option to purchase a second unit.
Authorizing the Mayor and the City Clerk to execute agreements and documents
related thereto.
8. 160: Accepting the bid of Public Works, Inc., in the amount of
$166,610.80 for two air/vacuum street sweepers, in accordance with Bid No.
4124.
9. 160: Accepting the bid of Wenger Corporation in the amount of ~63,734.62
for one showmobile trailer, in accordance with Bid No. 4123.
10. 160: Waiving Council Policy No. 306 and authorizing the PurchasingAgent
to issue a purchase order to Motorola Communications and Electronics, Inc.,
for Police radio equipment in the amount of ~21,708.80, in accordance with
their quotation dated.August 17, 1984.
11. 175: RESOLUTION NO. 84R-340: A RES0LUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND-DETERMINING THAT PUBLIC CONVENIENCEAND NECESSITY
REQUIRE THE CONSTRUCTIONAND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT:
IRRIGATION SYSTEM IMPROVEMENTS AT VARIOUS LOCATIONS IN THE CITY OF ANAHEIM,
ACCOUNT NOS. 16-843-7103-43160, 16-843-7103-43080, 16-824-7103-24080 AND
16-822-7103-22080. (opening of bids on September 27, 1984, 2:00 p.m.)
12. 150: RESOLUTION NO. 84R-341: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTIONAND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT:
RIVERDALE PAtLKPICNIC SHELTER, IN THE CITY OF ANAHEIM, ACCOUNT NO.
16-822-7105-22080. (opening of bids on September 27, 1984, 2:00 p.m.)
13. 158: RESOLUTION NO. 84R-342: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
(Deeds of Easement)
14. 123: Authorizing Supplement No. 20 to Local Agency-State Agreement No.
07-5055, in the amount of ~703,500, with the City to provide $96,943 matching
funds, and with Federal funds in the amount of $606,557, for a street
improvement project on Ball Road from Sunkist Street to State College
Boulevard.
15. 123: Authorizing Supplement No. 21 to Local Agency-State Agreement No.
07-5055, in the amount of $404,000, with the City to provide $55,672 matching
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City Hall~ A~ahetm~ California - COUNCIL MINUTES - September 4, 1984, 10:00 A.M.
funds, and with Federal funds in the amount of $348,328, for certain
improvements on Cerritos Avenue, from State College Boulevard to Anaheim
Boulevard.
16. 123/152: RESOLUTION NO. 84R-343: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF
ANAHEIM TO EXECUTE TRAINING AGREEMENTS BETWEEN THE CITY OF ANAHEIM AND THE
STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR THE FISCAL
YEAR 1984-85.
17. 125/123: Authorizing the Data Processing Director to enter into a
supplemental purchase agreement with Wang Laboratories, Inc., at a cost of
approximately $40,000 for purchase of computer hardware and software. MOTION
CARRIED.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Resolution Nos. 84R-340 through 84R-343 duly passed and
adopted.
142/114: ORDINANCE NO. 4541 - PERTAINING TO REHEARINGS BY THE CITY COUNCIL:
Councilman Roth offered Ordinance No. 4541 for First Reading.
ORDINANCE 4541: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 1.12.100
TO CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
PROCEDURAL MATTERS.
000/114: RESOLUTION NO. 84R-344: Councilman Roth offered Resolution No.
84R-344 for adoption, establishing a $50.00 fee for rehearings by the City
Council pursuant to Section 1.12.100 of the Code as recommended in memorandum
dated August 24, 1984 from the City Attorney. Refer to Resolution Book.
F~ESOLUTION NO. 84R-344: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING A FEE FOR REHEARINGS BY THE CITY COUNCIL PURSUANT TO
SECTION 1.12.100 OF THE ANAHEIM MUNICIPAL CODE.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mmyor declared Resolution No. 84R-344 duly passed and adopted.
114: MOTION: Councilman Roth moved to repeal Council Policy No. 105
pertaining to rehearing. Councilwoman Kaywood seconded the motion. MOTION
CARRIED.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - September 4, 1984~ 10:00 A.M.
105: RESIGNATION FROM THE LIBRARY BOARD: Councilwoman Kaywood moved to
accept with regret the resignation of E. Michael Ambrosi from the Public
Library Board for the term ending June 30, 1987 as tendered in his letter
dated August 21, 1984. Councilman Pickler seconded the motion.
Before a vote was taken, Councilman Overholt stated that Mr. Ambrosi had
brought a fresh attitude approach to the Board and it was regrettable that he
could not continue because of business considerations. The contributions made
by Mr. Ambrosi would be felt for a long time.
A vote was then taken on the foregoing motion. MOTION CARRIED.
Mayor Roth asked that a letter be prepared for Mr. Ambrosi expressing
appreciation for his service on the Library Board.
170: TENTATIVE TRACT NO. 11780 - EXTENSION OF TIME: Valu Engineering,
requesting an extension of time to Tentative Tract No. 11780, to establish a
7-lot (plus 1 open-space lot) RS-HS-22,000(SC) zoned subdivision on
approximately 4.47 acres located on the south side of Rio Grande Drive,
southwest of Santa Ama Canyon Road and Fairmont Boulevard.
Extension of Time for Tentative Tract No. 11780 was approved by the Planning
Commission at their meeting of August 20, 1984, to expire August 9, 1985.
No action was taken by the Council on the requested extension of time.
142/171: ORDINANCE NO. 4535: Councilwoman Kaywood offered Ordinance No. 4535
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4535: AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A
PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY WITHIN THE CORPORATE LIMITS OF
THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1984/85.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4535 duly passed and adopted.
142/175: ORDINANCE NO. 4536: Councilman Pickler offered Ordinance No. 4536
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4536: AN ORDINANCE OF THE CITY OF ANAHEIM, CALIFORNIA, AMENDING
ORDINANCE NO. 2933 OF SAID CITY, RELATING TO WATER REVENUE BONDS.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood,
None
None
Bay, Overholt, Pickler and Roth
883
206
City M, ll~ Anaheim, California - COUNCIL MINUTES - September 4, 1984, 10:00 A.M.
The Mayor declared Ordinance No. 4536 duly passed and adopted.
179: ORDINANCE NO. 4537: Councilman Roth offered Ordinance No. 4537 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4537: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING A CONDITION
OF APPROVAL AS SET FORTH IN ORDINANCE NO. 4490 RELATING TO ZONING.
Roll Call Vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
Kaywood, Bay, Overholt Pickler and Roth
None
None
The Mayor declared Ordinance No. 4537 duly passed and adopted.
179: ORDINANCE NOS. 4538 THROUGH 4540: Councilman Bay offered Ordinance Nos.
4538 through 4540, both inclusive, for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4538: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE REIATING TO ZONING.
(83-84-12, CL, 438 No. State College Blvd.)
ORDINANCE NO. 4539: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(78-79-5(4), RS-HS-10,000 (SC), So. of Willowick Drive/Nohl Ranch Road Tract
No. 10409)
ORDINANCE NO. 4540: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~EIATING TO ZONING.
(77-78-64(6), RS-5,000(SC) southwest of intersection of Santa Ana Canyon Road
and southerly extension of Weir Canyon Road, Tract No. 10980)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Ordinance Nos. 4538 through 4540, both inclusive, duly
passed and adopted.
179: ORDINANCE NO. 4542: Councilwoman Kaywood offered Ordinance No. 4542 for
First Reading.
ORDINANCE NO. 4542: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~IATING TO ZONING.
(82-83-32, CL 90 South Anaheim Blvd.)
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session for
purposes of consulting with the City Attorney on matters involving litigation
884
City H, 11~ Anaheim~ California - COUNCIL MINUTES - September 4~ 1984~ 10:00 A.M.
with possible action anticipated; the City Attorney requested a Closed Session
to discuss litigation and potential litigation with no action anticipated.
Mayor Roth stated that a Closed Session would be held to consult with the City
Attorney concerning pending and potential litigation.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilman Overholt seconded the motion. MOTION CARRIED. (10:25 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:32 p.m.)
183: PUBLIC HEARING - ISSUANCE OF INDUSTRIAL DEVELOPMENT BONDS: To consider
the issuance by the Industrial Development Authority of Anaheim industrial
revenue bonds in the principal amount of 31,000,000 for the purpose of
providing financing to Sanders Associates, Inc., for the purchase of certain
digital plotter equipment for its manufacturing facility located at 2411 West
La Palma Avenue.
Mayor Roth asked if anyone wished to speak to the subject issuance; there
being no response, he closed the public hearing.
Councilman Pickler offered Resolution No. 84R-345 for adoption giving public
approval to the Issuance of Industrial Development Authority of Anaheim
Industrial Revenue Bonds for the purpose of providing financing to Sanders
Associates, Inc. (CALCOMP) as recommended in memorandum dated August 27, 1984
from the Executive Director of Community Development Norm Priest. Refer to
Resolution Book.
RESOL~TION NO. 84R-345: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GIVING PUBLIC APPROVAL TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
AUTHORITY OF ANAHEIM INDUSTRIAL REVENUE BONDS FOR THE PURPOSE OF PROVIDING
FINANCING TO SANDERS ASSOCIATES, INC. (CALCOMP).
Roll Call Vote:
AYES: COUNCIL MEMB~S:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Bay, 0verholt, Pickler and Roth
None
None
The Mayor declared Resolution No. 84R-345 duly passed and adopted.
134/155: CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 188 AND EIR
NO. 265 (OAK HILLS RANCH): To consider an amendment to the Land Use Element
of the General Plan, alternate proposals of ultimate land uses including, but
not limited to Hillside Estate Density Residential, Hillside Low Density
Residential, Hillside Medium Density Residential, General Commercial, and
General Open Space for an area of approximately 600 acres bounded on the north
by the Wallace Ranch, east and south by the Irvine Company property and west
by the Texaco-Anaheim Hills Inc. property. This matter was continued from the
meetings of June 5, (see minutes that date where extensive discussion and
input took place) July 24, and August 14, 1984 to this date.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - September 4~ 1984~ 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC84-85, recommended
that EIR No. 265 be certified as being in compliance with the California
Environmental Quality Act and the City and State CEQA guidelines with a
statement of overidding considerations as outlined therein and, further,
adopted Exhibit NA' of General Plan Amendment No. 188 and EIR No. 265.
City Clerk Sohl announced that letter dated August 28, 1984 from Mr. James W.
Dennehy, General Partner, Oak Hills Ranch, had been received requesting a
further continuance of the matter to September 18, 1984.
Councilwoman Kaywood moved to grant the requested continuance but to a date
later than September 18, 1984. Councilman Pickler seconded the motion.
Before a vote was taken, it was determined by a general consensus of the
Council tbmt October 9, 1984 be the date for the continuance and that the
applicant be so advised.
A vote was then taken on the foregoing motion clarified as follows that public
hearing on General Plan Amendment No. 188 and EIR No. 265 be continued to
Tuesday, October 9, 1984, at 1:30 p.m. MOTION CARRIED.
179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2579 AND NEGATIVE
DECLARATION: Anaheim Doctors Investment Co., to permit a 49-bed psychiatric
hospital for adolescent chemical dependencies on CL zoned property located at
1660 and 1664 West Broadway, with Code waiver of minimum number of parking
spaces.
The City Planning Commission, pursuant to Resolution No. PC84-121, approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment, and further, granted Conditional
Use Permit No. 2579, subject to the following conditions:
Public hearing was held August 7, 1984, before the Council where extensive
discussion, input and testimony took place and subsequently at that meeting
the public hearing was continued to this date.
City Clerk Sohl announced that letter dated August 29, 1984 from M. David
Lewis, M.D., applicant had been received requesting a continuance of 10 weeks.
Mayor Roth then announced that since the letter of continuance, another letter
was received today which he thereupon read into the record, the third
paragraph of whichwas as follows: 'It is with great regret that we hereby
withdraw our Application No. 2579 for a Conditional Use Permit (CUP) for
Anaheim Doctors Hospital, without prejudice, and with appreciation for your
patience."
The Mayor then explained that the withdrawal repealed the request for
continuance. Relative to whether or not Dr. Lewis could refile an application
for a CUP, the answer was 'yes' but he would have to start the procedure all
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City Hall~ Anaheim~ California - COUNCIL MINUTES - September 4; 1984~ 10:00 A.M.
over again through the Planning Department, Planning Commission and ultimately
before the City Council. At this time, as far as the Council was concerned,
the issue was moot. He saw no necessity to take testimony for or against the
issue today since the application was now withdrawn. He was certain there
were people in the Chamber audience both in favor and in opposition. The
surrounding residents had spoken loud and clear and were still adamant in
their opposition.
City Attorney William Hopkins recommended the adoption of a resolution
terminating all proceedings in connection with the subject application.
Councilwoman Kaywood offered Resolution No. 84R-346 for adoption terminating
all proceedings in connection with Conditional Use Permit No. 2579. Refer to
Resolution Book.
RESOLUTION NO. 84R-346: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING AT,I. PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT
NO. 2579 AND DECLARING RESOLUTION NO. PC84-121 NULL AND VOID.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMB~S:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Resolution No. 84R-346 duly passed and adopted.
Later in the meeting, Mr. David Thompson, 616 South Arden, asked if the
Council would be willing to help the residents rezone the subject property in
order to preclude the same problem from occurring again. After further
discussion between Council Members and Mr. Thompson regarding the issue, no
further action was taken by the Council.
179: PUBLIC HEARING - VARIANCE NO. 3413: Application submitted by Tau Yi Ren
and Shirley Ren, to construct room additions to a single-family residence on
RS-5000 zoned property located at 1415 East Clifpark Way, with the following
Code waivers: (a) maximum lot coverage, (b) maximum number of bedrooms.
The Planning Director or his authorized representative has determined that the
proposed project falls within the definition of categorical exemptions,
Class 5, as defined in the State EIR guidelines and is, therefore,
categorically exempt from the requirement to prepare an EIR.
The City Planning Commission, pursuant to Resolution No. PC84-153, approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment, and further, granted Variance
No. 3413, subject to the following conditions:
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City H. ll~ Ansheimt California - COUNCIL MINUTES - September 4t 1984~ 10:00 A.M.
1. That plans shall be submitted to the Building Division showing
compliance with the minimum standards of the City of Anaheim, including the
Uniform Building Plumbing, Electrical, Housing, Mechanical and Fire Codes as
adopted by the City of Anaheim. The appropriate permits shall be obtained for
any necessary work.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 and 2.
3. That prior to the time that a building permit is issued, or within a
period of one year from the date of this resolution, whichever occurs first,
Condition No. 1, above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
4. That prior to final building and zoning inspections, Condition No. 2,
above-mentioned, shall be complied with.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of August 14, 1984, and public hearing scheduled this
date.
The Mayor asked to hear from the applicant or applicant's agent.
Mr. Mark Zvoboda, 15451 Redhill, Tustin, Contractor, stated he was
representing the applicant relative to anything that dealt with construction.
Mr. Ren was out of the country but Mrs. Ren and her daughter were present.
Councilwoman Kaywood first gave some history as to the intent of the RS-5000
Zone when it was initiated - to enable the construction of a smaller house on
a smaller lot at a lower price. However, it did not necessarily turn out that
way. She then referred to Page ll-b, Item 12 of the July 23, 1984 staff
report to the Planning Commission, "Planning Commission may wish to note that
the small lot sizes in the area (5,000 plus SF) were not intended to allow
dwellings with three (3) bedrooms, and therefore may want to consider the
precedent setting nature of this request.~ The petitioner was seeking a lot
coverage 21 percent greater than allowed by Code, Code permitted only three
bedrooms for lots less than 5,850 square feet and the petitioner was
requesting the proposed construction of a fifth bedroom on the 5,568
square-foot lot which would require a lot size of 6,700 square feet. She
realized that times had changed, but if the trend was to continue, the City
was going to have a more serious flooding problem because of the lack of run
off area where water could percolate into the ground. Also, there was not
sufficient parking space. With seven children, it could be assumed they would
have vehicles in the future.
Mr. Zvoboda then explained for Councilwoman Kaywood that the two-car garage
was going to remain and would be extended six more feet closer to the front of
the yard.
888
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 4~ 1984~ 10:00 A.M.
Councilwoman Kaywood then posed a line of questions to Mr. Zvoboda relative to
the proposed plan and arrangement of bedrooms especially the fact that it was
necessary to walk through one bedroom to get to another. Mr. Zvoboda pointed
out that the proposed lot coverage of 42 percent was still less than other
variances granted in the area.
Councilwoman Kaywood emphasized that was the problem - each applicant pointed
to the former project that had the largest variance noting that it had already
been allowed in the past and therefore the Council should continue to grant
such variances.
Ms. Angle Ren (daughter), then stated she had two brothers and one sister and
clarified that there were not seven children in the family, but four.
Councilwoman Kaywood noted that at the Planning Commission hearing of
August 23, 1984,.Mr. Zvoboda stated there were seven children and if that was
an error, it should be changed.
Discussion and questioning then followed wherein Councilwoman Kaywood and
Councilman Bay posed questions to staff for purposes of clarification relative
to specifics of the proposed plan.
At the conclusion of discussion, the Mayor asked if anyone wished to speak;
there being no response, he asked to her from Ms. Ren to make a s-mm~tion.
Ms. Ren stated that the family was hoping they could have the room addition
since she and her sister were now sharing a room and she needed the privacy to
work on her writing.
The Mayor closed the public hearing.
Councilwoman Kaywood offered a resolution for adoption denying Variance
No. 3413, reversing the findings of the City Planning Commission.
Councilwoman Kaywood stated that although she empathized and sympathized with
the problem she felt it was necessary to uphold the intent of the RS-5000 Zone
because, if not, it could create a major problem throughout the City.
Mayor Roth stated if this was the first time such a variance had been granted,
he would be alarmed but it had been allowed in the past and had not caused any
CHAOS.
Councilman Bay asked staff if the fifth bedroom, regardless of the lot
coverage percentage was a precedent; Miss Santalahti answered that she did not
believe so.
Councilman Bay also referred to the staff report in the statement that
Councilwoman Kaywood previously pointed to wherein staff stated that the
Commission might want to consider the precedent setting nature of the request;
Miss Santalahti stated, with thousands of units similar to this one in the
City, she felt that the precedent had been set.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - September 4, 1984, 10:00 A.M.
Councilwoman Kaywood stated that perhaps there were thousands of homes in the
City built that way but they sold for the same price as the larger lot which
helped to raise the cost of land in Anaheim. She was concerned over the
statement in the staff report relative to the precedent setting nature of the
request and subsequently the Council was being told to disregard it. Either
it meant something and needed to be taken at face value or, if not, it should
not be included in the report.
Councilman Bay stated he was concerned that since the State overruled the City
relative to overcrowding conditions leaving the City with no control, the
Council had to be concerned about a rash of enlargements, especially of the
number of bedrooms in single family dwelling residential areas. If there was
anything he could think of that would encourage overcrowding and eventual
parking problems and all the other problems that went along with overcrowding,
it would be serious overbuilding on smaller lots. Perhaps it was time for a
review with the Planning Commission. If the majority conclusion was that this
type of building.may be a solution to some bigger problem, at the same time,
the Council should look at what it could create in new problems.
Councilman Overholt stated he shared that same concern. He was going to
oppose the resolution of denial but would look forward to a study of the
problem.
A vote was then taken on the resolution of denial and failed to carry by the
following vote:
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood
Bay, Overholt, Pickler, and Roth
None
Councilman Roth offered Resolution No. 84R-347 for adoption, granting Variance
No. 3413, subject to City Planning Commission Conditions. Refer to Resolution
Book.
RESOLUTION NO. 84R-347: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3413.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Bay, Overholt, Pickler and Roth
Kaywood
None
The Mayor declared Resolution No. 84R-347 duly passed and adopted.
Councilman Bay asked that staff advise the Planning Commission that the
Council wanted to take a look at the situation, i.e. overbuilding on smaller
lots. He did not know if it would require a workshop or not; Councilwoman
Kaywood suggested that a staff report be submitted before any workshop that
might be scheduled.
890
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 4; 1984~ 10:00 A.M.
Miss Santalahti stated it was a question of whether the RS-5000 Zone should
remain. Perhaps it should be eliminated altogether to eliminate any future
construction which would probably be in the hillside area. Alternatively, if
it was to look at was already existing, the Commission and Council could make
it their business to deny every application so that people would not even
apply for it recognizing it might be denied. Those were the only two things
she could see that could be discussed.
172: TRAFFIC SIGNALIZATION: Mayor Roth asked the Traffic Engineer whether or
not the excessive heat being experiencedhad any effect on traffic
signalization noting especially that on Monday, the signals at Ball Road and
State College Boulevard were out as well as a number of blinking traffic
signals noted in the City as of late.
Traffic Engineer Paul Singer explained that the heat in certain instances
could create a problem if the fan failed to turn on. Generally, however, it
was some other problem, such as a power drop, which subsequently would cause
the signal to go to the flash mode to protect itself. When the normal power
was restored, the signal would reset itself at the next cycle.
179: LICENSED DAY CARE CENTERS: Councilman Bay referred to the request for a
day care center on Moraga Street which was going to be reheard by the Council
on September 11, 1984 (CUP No. 2574 for expansion of the day care center to
permit a maximum of 12 children on RS-7200 Zoned property located at 1321
North Moraga Street). He asked if staff was able to obtain information from
the County on the number of centers in that area with six children or under.
Miss Santalahti answered "no". The County could tell them of some but not
all. Apparently, the day care centers of six or under were not necessarily
licensed or required to be licensed. Anything over six was not a problem.
Staff would be submitting information on the matter. Councilman Bay asked
that the City Attorney check with the State to ascertain requirements for day
care centers of six or less.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded
the motion. MOTION CARRIED. (2:35 p.m.)
LEONORAN. SOHL, CITY CI.~RK
891