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1983/09/06City Hall,.A~aheim~ California - COUNCIL MINUTES - September 6~ 1983, 10:00 A.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Bay COUNCIL MEMBERS: Roth CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Pro Tem Bay called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Mayor Pro Tem Ben Bay gave the Invocation. FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF WELCOME: A Resolution of Welcome was unanimously adopted by the City Council to be presented to the American Dietetic Association, welcoming their 66th Annual Meeting, to be held September 12 through 15, 1983, to Anaheim. 119: RESOLUTIONS OF COMMENDATION AND CONGRATULATIONS: Resolutions of Commendation and Congratulations were authorized by the City Council, the first commending Dr. Richard Kaywood upon his retirement from the field of Education, and the second congratulating Public Information Officer Dean Grose upon his leaving the City to pursue other professional endeavors. Both resolutions were to be presented at later dates. 119: ANNOUNCEMENT: Mayor Pro Tem Bay announced that Anaheim had been selected as the recipient of the prestigious 1983 Local Government Education award through the International City Management Association. He complimented Mr. Talley and his management team on the award, to be presented to the City Manager at the International City Management Association Conference, to be held in Kansas City on October 11, 1983. MINUTES: The minutes of the regular meeting held July 26, 1983, were submitted, but deferred for approval 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 the reading of such ordinances or resolutions in regular order. Councilman Pickler seconded the motion. Councilman Roth was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,162,693.19, in accordance with the 1983~84 Budget, were approved. 714 City Hall~ Anaheim~ .C.alifornia - COUNCIL MINUTES - September 6~ 1983, 10:00 A.M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Overholt, 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 Overholt offered Resolution Nos. 83R-346 through 83R-354, 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 Fremont Indemnity Company~ Ron's Plumbing, Insured, for personal injury damages to claimant's insured's employee purportedly sustained due to failure of City to provide a safe place to work and failure to inform of conditions at the construction site of the City of Anaheim Maintenance Facility, on or about April 28, 1983. 2. Claim submitted by Monica Kate Smith for personal injury damages purportedly sustained due to an accident at the Anaheim Stadium parking lot, on or about April 22, 1983. 3. Claim submitted by Julie Ulloa for personal property damages purportedly sustained due to a parkway tree limb falling on claimaat's car at 319 South Bush, on or about July 22, 1983. B. Claims allowed payment: 4. Claim submitted by Beth Ann Rael for food loss purportedly sustained due to actions of City Utilities Department at 2900 West Lincoln, B214, on or about July 12, 1983. ($30.32) 5. Claim submitted by Edward H. Robles for personal property damages to truck purportedly sustained due to an accident in which a City-owned vehicle was involved at the Glastron/Carlson Boat Company, on or about March 14, 1983. ($586.36) 2. 105: The following correspondence was ordered received and filed: a. Public Utilities Board--Minutes of July 7 and 21, 1983, and July 28, 1983 (unapproved). b. Park and Recreation Commission--Minutes of June 22, 1983. 3. 132: Receiving and filing the Productivity Improvement Analysis of the Streets and Sanitation Control Center. 4. 119/150: Accepting a donation from the Anaheim Tennis Club in the amount of $2,000, for the purpose of hiring a tournament director for the Anaheim Junior Tennis Tournament, and appropriating the funds into Account 01-275-6350-5JRTY, Program 275° 715 C.ity Ha.ll~ Anaheim~ California - COUNCIL MINUTES - September 6, 1983~ .10:00 A.M. 5. 123: Authorizing an agreement with Timothy J. O'Neil, Cathleen A. O'Neil and Brian J. O'Neil, owners of property located at 1420 North Lemon Street, for installation of a traffic counter and possible future installation of a signal at the intersection of Lemon Street and the Riverside Freeway on-off ramp, in accordance with conditions of approval of Reclassification No. 81-82-10 (82R-306). 6. 153: Approving bid specifications and authorizing the Human Resources Director to solicit bids for Medical Claims Administration Services, Employee Group Life Insurance and Medical Plan Excess Risk Insurance. 7. 123: Authorizing an agreement with The Atchison, Topeka and Santa Fe Railway Company, for the installation of railroad crossing protection at the Hunter Street Crossing No. 2B-39.3-C. 8. 160: Authorizing the Purchasing Agent to issue a purchase order to Advanced Control Systems in the amount of $10,374.22 for one each Model 8001, 19" eight color CRT intelligent data terminal and accompanying interconnect cable for Lewis Substation, in accordance with Bid No. 3704. 9. 160: Authorizing the Purchasing Agent to issue a purchase order to Computer Services Corporation in the amount of $25,237.54 for one Type 100, 8-phase Controller complete with Central Computer Interface, two Flow Receivers and one CIM board and one Type 100, 6-phase Controller complete with Central Computer Interface, for traffic signal installations at Lakeview and La Palma Avenues and Ball Road and Sunkist Street. 10. 160: Accepting the bid of Westinghouse Electric Corporation in the amount of $29,837 for two each, 225KVA three-phase padmount transformers~ Item 1; and two each 500KVA three-phase padmount transformers, Item 2, in accordance with Bid No. 3998. 11. 160: Accepting the bid of General Electric Supply in an amount not to exceed $32,123.30 for 50,000 feet of #2 15KV URD cable, in accordance with Bid No. 4008. 12. 160: Accepting the low bid of Case Power & Equipment Company in the amount of $23,774.74 for one industrial tractor with rear scraper, in accordance with Bid No. 4021. 13. 160: Accepting the bid of Great Pacific Equipment Company in the amount of $18,740.10 for one aerial manlift device and service truck body, in accordance with Bid No. 4026. 14. 160: Accepting the bid of Fontaine Truck Equipment Company in the amount of $17,161.40 for two Chipper Body/Hoist with cover, in accordance with Bid No. 4027. 15. 160: Accepting the low bid of Siboney Communications Inc., in the amount of $48,581.92, for Video Equipment, in accordance with Bid No. 4028. 716 Cit Hall Anaheim California - COUNCIL MINUTES - Se tember 6 1983, 10:00 A.M. 16. 160: Accepting the low bid of Arko Equipment Company in the amount of $10,902.10 for one 28-foot aerial device, van mounted, in accordance with Bid No. 40 30. 17. 160: Accepting the low bid of Western Mobile Equipment Company in the amount of $124,090.49 for one truck-mounted digger/derrick, in accordance with Bid No. 40 33. 18. 124: RESOLUTION NO. 83R-346: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETS~I-~INING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: ANAHEIM CONVENTION CENTER ARENA BOX OFFICE PARKING AREA, IN THE CITY OF ANAHEIM, ACCOUNT NO. 64-957-7107. (Bids to be opened October 6, 1983, 2:00 p.m.) 19. 165: RESOLUTION NO. 83R-347: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE CENTRAL CITY - ANAHEIM BOULEVARD/ZEYN STREET ALLEY IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-793-6325-E3720. (Nobest Incorporated and Nodland, R. L. (J.V.), 5106,400.20) 20. 169: RESOLUTION NO. 83R-348: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRA~'r FOR THE ANAHEIM BOULEVARD STREET, STORM DRAIN, ELECTRICAL AND WATER IMPROVEMENT, BROADWAY TO BALL ROAD, IN THE CITY OF ANAHEIM, A.H.F.P. NOS. 1047 & 1073, PROJECT NOS. 13-792-6325-E2580; 53-606-6329-27330-34350; 53-606-6329-17230-34350; 53-606-6329-27470-34350; 53-619-6329-90240-31500; 55-650-6325-86060-R9000; 55-650-6329-$637A-36200 ! 01-676-6329-12460-37300 and 46-792-6325-E2580- (Silveri & Ruiz Constructzon Company, 52,681,413.40) 21. 129/171: RESOLUTION NO. 83R-349: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY AUDITOR-CONTROLLER TO CANCEL CERTAIN WEED ABATEMENT ASSESSMENTS HERETOFORE IMPOSED BY THE CITY ON CERTAIN TAX EXEMPT PROPERTY IDENTIFIED AS ASSESSOR'S PARCELS NO. 036-063-01 AND 036-063-38. 22. 152/171: RESOLUTION NO. 83R-350: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING CITY COUNCIL DESIGNEES FOR THE CORRECTION OR CANCELLATION OF SPECIAL ASSESSMENTS. (City Fire Marshal for Weed Abatement and City Engineer for §treet Lighting) 23. 114/161.157: RESOLUTION NO. 83R-351: A RESOLUTION OF THE CITY COUNCIL OF THE CITY 'OF ANAHEIM CONSENTING TO A JO [NT PUBLIC HEARING, ESTABLISHING A DATE, TIME, AND PLACE THEREFOR, AND AUTHORIZING PUBLICATION AND MAILING OF NOTICE OF JOINT PUBLIC HEARING ON THE PROPOSED REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT PROJECT. (public hearing scheduled November 22, 1983, 1:30 p.m.) 24. 158: RESOLUTION NO. 83R-352: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE DISPOSITION OF CERTAIN CITY-OWNED PROPERTY AND DIRECTING THE PUBLISHING OF NOTICE OF SAID SALE. (2504 West Conley Avenue, C.P. No. 270) 717 City .Hall~. Anaheim, California - COUNCIL MINUTES - September 6~ 1.983~ 10:00 A.M. 25. 169/174: RESOLUTION NO. 83R-353: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING URBAN LIMITS TO BE IN THE FEDERAL-AID SYSTEM. (to reflect the 1980 Bureau of the Census boundary) 26. 158: RESOLUTION NO. 83R-354: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Henry B. Wesseln, et al; JSL-One/G&E Anaheim Associates; Magnolia Plaza, et al.; Safeway Stores, Incorporated; Kilroy Industries; The Wind Rivers Condominium Association) 27. 117: Extending the Deferred Compensation investment options to include a fixed and a variable annuity and approving the recommendations of the City's Third Party Administrator, Great West Life Assurance Company for the fixed annuity portion, and Massachusetts Financial Services for the variable annuity portion. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth MOTION CARRIED. The Mayor Pro Tem declared Resolution Nos. 83R-346 through 83R-354, both inclusive, duly passed and adopted. 123: SECOND AMENDMENT TO LICENSE AGREEMENT WITH SHELTER MEDIA INC: Traffic Engineer Paul Singer first answered questions posed by the Council for purposes of clarification relative to the shelter program. Councilman Pickler moved to authorize the Second Amendment to a License Agreement with Shelter Media Limited Partnership, pertaining to notification to adjacent property owners of a proposed installation; compensation to City; and authorizing construction of an additional 25 shelters, as recommended in memorandum dated August 30, 1983, from the City Engineer, William Devitt. Councilwoman Kaywood seconded the motion. Councilman Roth was absent. MOTION CARRIED. 108: REHEARING - ENTERTAINMENT APPLICATION~. THE HUMDINGER ~4: Lloyd Charton, Attorney, representing Scott Ernest Slayton, for reconsideration of the denial action on the Entertainment Permit Application for The Humdinger #4, 2660 West Lincoln Avenue, to permit one dancing girl, seven days a week, from 11:00 a.m. to 2:00 a.m. (see minutes of May 31, and July 19, 1983) Mayor Pro Tem Bay asked to hear from the applicant. Mr. Lloyd Charton, Attorney, representing Ralph and Scott Slayton, owners of the Humdinger Bars, first noted that Mayor Roth was not present and the last time he was before the Council (July 19, 1983) on the matter, he (Roth) made some favorable comments. 718 Cit Hall Anaheim California - COUNCIL MINUTES - Se tember 6 1983 10:00 A.M. Councilman Overholt interjected and inquired as to the point of Mro Charton's observation; Mr. Charton explained that Mr. Slayton noted that Mayor Roth was not present at the meeting, that he was in favor the last time, and he wondered what they should do. Perhaps the Council would want to put the hearing off or go forward. Councilman Overholt asked what he wished to do; Mr. Charton answered, to continue the matter until Mayor Roth was present. MOTION~ Councilman Pickler moved to continue the rehearing for one week for full Council action. Councilman Overholt seconded the motion. Councilman Roth was absent. MOTION CARRIED. PUBLIC REQUESTS - CONSENT CALENDAR: On motion by Councilwoman Kaywood, ~econded 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; Councilman Overholt offered Resolution No. 83R-355 for adoption. Refer to Resolution Book. ]. 108~~of Council Policy No. ~OLICY NO. 539: Request Dy S~epnen ~ ..... ~, retain an existing 539, p~rtaining to establishment of game arcades, to amusement arcade on RM-1200 zoned property located at 1700 North Temple Street, was approved in accordance with the recommendation of the Zoning Division. ~ · · ' 335, tO install an ~de ~ for termination of Condztzonal Use Permlt No. automatic car wash on property located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard, as a condition of approval of Conditional Use Permit No. 2463. Conditional Use Permit No. 335 was tez~inated in accordance with the recommendation of the Zoning Division. 3. RESOLUTION NO. 83R-355: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TEKMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 335 AND DECLARING RESOLUTION NO. 63R-96 NULL AND VOID. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth MOTION CARRIED. The Mayor Pro Tem declared Resolution No~ 83R-355 duly passed and adopted. 142/171: ORDINANCE NO. 4448~: Councilwoman Kaywood offered Ordinance No. 4448 ~or adoption. Refer to Ordiaance Book. 719 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 6~ .1983~ 10:00 A.M. ORDINANCE NO. 4448: 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 1983-84. (.00977 percent per hundred dollars of full cash value) Before a vote was taken, Mayor Pro Tem Bay questioned City Manager Talley relative to the tax rate. Mr. Talley reported the following: That the tax rate was slightly more than last year, since last year they undercollected approximately $50,000. The total revenue amounted to $619,751, which was what they needed for the indebtedness. Mayor Pro Tem Bay stated he wanted it understood that they were not increasing taxes in the City under the Ordinance. A vote was then taken on the foregoing Ordinance. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor Pro Tem declared Ordinance No. 4448 duly passed and adopted. 179: ORDINANCE NO. 4449: Councilwoman Kaywood offered Ordinance No. 4449 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4449: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(93), ML, north side of La Jolla Street, west of Red Gum Street) 139: COUNCIL POSITION ON SB 920: Mayor Pro Tem Bay referred to a letter dated August 26, 1983, from Senator John Seymour, regarding the amendment to his Senate Bill 920 so that the AB 8 deflator could be suspended for the full 1983-84 fiscal year. To his knowledge, the Council had not yet taken a position upon the bill. According to Senator Seymour, SB 920 proposed only the reduction as planned in ~he City's Resource Allocation Plan of approximately $1.8 million versus AB 223, which was the subvention loss with the deflator going into'action on October 1, 1983. If SB 920 passed, the differential would be $3.468 million, giving the other $600 million across the State. He wondered if they should take a position on SB 920 today, and if there was an urgency in getting information up to Sacramento by the City. City Manager Talley stated they would have a staff report ready by 1:30 p.m.; Mayor Pro Tem Bay stated they could then take action on SB 920 at that time. MOTION: Later in the meeting (3:43 p.m.), Mayor Pro Tem Bay acknowledged receipt of staff report dated September 6, 1983, from Cynthia Cave, Intergovernmental Relations Officer, regarding SB 920. He thereupon moved 720 .City Hall~ Anaheim~ California - COUNCIL MINUTES - September..6~ 1983~ 10:00 A.M. that the Council support SB 920 and that that support be cou~uunicated to Sacramento. Councilman Pickler seconded the motion. Councilman Roth was absent. MOTION CARRIED~ REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss labor relations, personnel matters and pending litigation with no action anticipated; The City Attorney requested a Closed Session to discuss litigation and potential litigation with action anticipated. Councilwoman Kaywood moved to recess into Closed Session. Councilman Pickler seconded the motion. Councilman Roth was absent. MOTION CARRIED. (10:32 a.m.) AFTER RECESS: The Mayor Pro Tem called the meeting to order, all Council Members being present with the exception of Mayor Roth. (1:35 p.m.) 107: NEARING - APPEAL OF NOTICE OF VIOLAT.ION OF UNIFORM HOUSING CODE--502 NORTH ZEYN STREET: Mary Ann Simpson, Attorney, representing Robert and Patricia Carson, appealing a Notice of Violation of the Uniform Housing Code on property located at 502 North Zeyn Street. Submitted was a report dated August 31, 1983, from the Code Enforcement and Housing Supervisor, John W. Poole. City Attorney William Hopkins stated they had been informed the problem regarding the painting of the house had been resolved and there was no further need to consider the matter. Annika Santalahti, Assistant Director for Zoning, explained that staff inspected the property last week before the August 31 staff report was prepared and found that a substantial amount of painting had been completed. An inspection of the property earlier this morning revealed that the painting had been completed. Mayor Pro Tem Bay asked if anyone was present who wished to speak to the matter; no one was present. It was determined that the hearing was not necessary, since the Planning staff reported that the necessary work had been completed. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2453 AND NEGATIVE DECLARATION: Marcel G. and Edna V. Mayer, to retain a second-family (granny) unit on RS-7200 zoned property located at 1232 West Romneya Drive. The City Planning Commission, pursuant to Resolution No. PC83-112, declared that the subject project be exempt from the requirement to file an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act on the basis that there will be 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 medium density residential land uses commensurate with 721 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 6~ 1983~ 10:00 A.M. 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; and further granted Conditional Use Permit No. 2453, subject to the following conditions: 1. That the existing 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 by the City of Anaheim. 2. That appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 3. That the occupancy of the granny unit shall be limited to one or two adults both of whom are sixty (60) years of age or older. 4. That the owner(s) of subject property shall record a covenant against the property restricting the occupancy of the granny unit to one or two adults sixty (60) years of age or older. Said covenant shall be submitted to the Planning Department for transmittal to the City Attorney's Office for review and approval prior to recordation. 5. 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. 6. That Condition Nos. 1, 2, 4 and 5, above-mentioned, shall be completed within a period of 90 days from the date of this resolution. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of July 5, 1983, and public hearing scheduled and continued from the meeting of August 9, 1983, to this date. Councilman Overholt stated he represented Marcel G. and Edna V. Mayer with respect to matters involving their home, but he was not representing them in the subject application. Since he felt it inappropriate to act on the matter or be present, he would absent himself from the dais during the hearing and abstain from voting on the matter. Councilman Overholt left the Council Chambers momentarily (1:36 p.m.), and then sat in the audience until completion of the hearing. Mayor Pro Tem Bay acknowledged the stated conflict of interest. He thereupon asked to hear from the applicant or applicant's agent. Mr. Marcel G. Mayer, Tuscon, Arizona, stated he was the present owner of the property. He had sold the property, but the owner defaulted and he had to repossess it. Then, in answer to questions posed by Council Members, Mr. Mayer reported the following: The addition on the property was there when he 722 Cit Hall Anaheim California - COUNCIL MINUTES - Se tember 6 1983, 10:00 A.M. bought the home 18 years ago and the property was previously in the County when the structures were built, the pool cabana had been removed, the unit was approximately l0 years old when he bought it and he did so to bring his mother and father to live there. Miss Santalahti explained, in answer to an earlier question by Councilman Pickler~ that they did not know if it was found that the property was up to Code. No construction work had been done since the property was annexed to the City and therefore, they did not have a typical record as they otherwise might have. Mr. Mayer stated he would like to have the property inspected and brought up to Code if necessary, in case he had to go to the bank for a loan. Mayor Pro Tem Bay, speaking to staff, stated normally when structures were built in the County and then annexed to the City, he assumed there were grandfather clauses on additions built before annexation. Miss Santalahti explained that if an addition were legally constructed, it would be grandfathered, but if not constructed under Code in the County When either, it was not considered grandfathered in the normal sense. properties were annexed, the County forwarded boxes of records, but since it was a number of years ago, they were unable to find anything in the Building Division at all on the subject. They could not prove whether or not the property was inspected. Mr. Mayer stated it might be able to be traced through Earl's Plumbing, since Mr. Nellisen (father) had previously owned the entire property. Miss Santalahti then explained further that when the Planning Commission approved the Conditional Use Permit, it was subject to the structure being brought up to Code and that CC&R's be recorded restricting the occupancy of the "granny" unit to one or two adults, 60 years of age or older. If the Council approved, that action should cover the necessary conditions and the owner would be expected to come to the City for inspection. Councilwoman Kaywood stated she set the matter for a public hearing, because she had received a number of complaints due to the fact that the unit was being ranted out; Mr. Mayer stated that it was. When he sold it, the new owner rented it out, but he did not know to whom. Tha property was not presently in escrow, but it was for sale. He had a potential buyer, but this buyer could not afford to purchase it unless he could receive revenue from the small house. Since there were no further persons who wished to speak, the Mayor Pro Tem closed the public hearing~ Mayor Pro Tem Bay stated it seemed odd to him that on a piece of property that existed many years before it came into the City that the CC&R's established by the Planning Commission would limit the rental portion of the property to two 723 City Hall.~ Anaheim~ California - COUNCIL MINUTES - September 6~ 1983~ lp:O0 A.M. people, 60 years of age or older. That could have a great deal to do with the value of the property, and he questioned it on the basis that there were probably not many places in the City that came in under grandfather clauses. He asked the Council if it was their concern that the unit be restricted to two people of a specific age group on a CC&R as far as using it for a rental. Councilwoman Kaywood stated it was a single-family residential area and if they were going to start with a wide-open rental unit, they were going to make it a multiple-family residential area without benefit of a zoning change. There had been a very noisy and disruptive person or persons living there and if it was a wide-open rental, it would impact all the single-family homeowners in the area with the number of vehicles and everything else. Mayor Pro Tem Bay reiterated his concern that due to the length of time the unit had existed, it was used for other people to live in. He questioned why it went to the Planning Commission and where they gained their authority to put new restrictions on something existing that long. Miss Santalahti explained that if it existed legally and there were building permits on the property specifically for the dwelling unit, it never would have been brought to a public hearing. When the complaints were received, there was no evidence that the structure was legal, since no documentation could be found. Mayor Pro Tem Bay pointed out that they also had no proof that there were no permits or inspections and it was the Council's prerogative to agree or not agree with the CC&R's or with the inspection, and there was no legal problem either way, because they did not have any proof from a starting point. Councilwoman Kaywood stated, absent having any papers to show it was built legally and with a permit, the assumption was stronger that it was not built legally. The reason it went to the Planning Commission was due to the constant complaints for at least two years relative to the behavior that was going on out of those rental units. The cabana was also rented out, which was a substandard arrangement. The additional unit was 520 square feet and if they were going to open it up as a complete rental unit, that was a terrible infringement upon the residents of that single-family neighborhood. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Pickler, 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 medium density residential 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. Councilman Overholt abstained and Councilman Roth was absent. MOTION CARRIED. 724 City .Hal.l, Ana.heim~ California - COUNCIL MINUTES - September 6~ 1983~ 10:00 A.M. Councilwoman Kaywood offered a resolution denying Conditional Use Permit No. 2453 on the basis that it was a single-family residential zone and a rental unit was inappropriate. Before action was taken, Mayor Pro Tem Bay spoke against the resolution on the basis that strictly under the grandfather clause, the unit had existed and there was a provision within what the Planning Commission granted, relating to the CC&R's to restrict use to not over two people in only this portion, since the cabana no longer existed. That fell under the "granny" regulations of the State, as reported by Miss Santalahti. He did not consider it a precedent case, because it had existed for so long. He had heard about but had not seen any evidence of the complaints in the hearing today. He agreed with the Planning Commission's position and, therefore, could not support the resolution to deny; Councilman Pickler agreed. Councilwoman Kaywood asked if they were talking about restricting the rental to someone 60 years of age or older; Councilman Pickler clarified that was the way it was approved by the Planning Commission and that condition would stand. A vote was then taken on the resolution of denial and failed to carry by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood NOES: COUNCIL MEMBERS: Pickler and Bay ABSTAINED: COUNCIL MEMBERS: Overholt ABSENT: COUNCIL MEMBERS: Roth Councilman Pickler offered Resolution No. 83R-356 for adoption, granting Conditional Use Permit No. 2453, subject to the City Planning Commission conditions. Refer to Resolution Book. Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler and Bay NOES: COUNCIL MEMBERS: Kaywood ABSTAINED: COUNCIL MEMBERS: Overholt ABSENT: COUNCILMEMBER$: R0th The Mayor Pro Tem declared Resolution No. 83R-356 duly passed and adopted. Councilman Overholt returned to the dais. (2:05 p.m.) Later in the meeting, with all Council Members present except Mayor Roth, Mayor Pro Tem Bay reported that he was informed by the City Attorney that three votes were required to pass a resolution. He (Bay) was under the belief that when the Council convened with a quorum, a majority vote would pass a resolution. 725 City Hall~. Anaheim~ California - COUNCIL MINUTES - September 6~ 1983~ 10:00 A.M. City Attorney Hopkins explained that a motion could be approved with a two-to-one vote, but the City Charter was specific about ordinances and resolutions requiring three votes. In 1979, the Council passed a resolution whereby that if one less vote was available and it was an abstention, the vote of that person who abstained would apply to the "yes" vote, or to the vote of the majority, but that would require that there be no conflict of interest within the Political Reform Act of 1974. He asked Councilman Overholt if he felt it would be a problem and he (Overholt) was not certain of the amount involved. It could be that there was a conflict of interest. Councilman Overholt stated apparently if he had collected by way of fees less than $250 in the last 12 months from Mr. Mayer, he would not have a conflict, but he could not without first checking his books, state it was less than $250. If it was less, then he would vote on the resolution. Discussion then followed between Council Members and staff on the course of action that would then be necessary to conclude the matter. At the conclusion of discussion during which several alternatives were proposed, Councilman Overholt suggested that if they were going to have a Closed Session, that they keep the hearing open and during that period he would determine by having his records checked if, in fact, fees collected from Mr. Mayer over the last 12 months for professional services amounted to $250 or not. Mayor Pro Tem Bay then trailed the item as being incomplete for lack of a vote in conformance with the City Charter; later in the meeting, after a Closed Session (5:01 p.m.), City Attorney Hopkins stated he discussed the matter with Councilman Overholt, who informed him that he did not have a conflict of interest within the meaning of the Political Reform Act of 1974. Therefore, Resolution No. 79R-404 was applicable on his abstention in the matter and Councilman Overholt's vote shall constitute concurrence with the majority vote, and the City Clerk shall set forth in the minutes that the matter passed pursuant to the rule the Council adopted in 1979. Mayor Pro Tem Bay stated that would make Councilman Overholt's concurring vote with the resolution, and the resolution was to approve Conditional Use Permit No. 2453. He then clarified that Resolution No. 83R-356 was carried by the following vote: Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, Overholt and Bay NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCILMEMBERS: Roth 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2470 AND NEGATIVE DECLARATION: Application submitted by Christian Center Church of Orange County, (First Church of the Nazarene), to permit a private pre-school with a maximum enrollment of 100 students in an existing church facility on RS-A-43,000 zoned property located at 1340 North Candlewood Street, with a Code waiver of minimum number of parking spaces. 726 Cit Hall Anaheim California - COUNCIL MINUTES - Se tember 6 1983 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC83-126, disapproved the negative declaration from the requirement to prepare an Environmental Impact Report on the basis that there would be significant individual or cumulative adverse e'nvironmental impacts involved in the proposal, and that an Environmental Impact Report would be required prior to approval of this project and further denied Conditional Use Permit No. 2470. The decision of the Planning Commission was appealed by the applicant and public hearing scheduled this date. The Mayor Pro Tem asked to hear from the applicant or applicant's agent. Holland Lewis, Pastor, Anaheim First Nazarene Church, 866 South Jaspar Street, stated he was speaking for the people of the Church and the Research Committee for a pre-school daycare center to be offered to the people in their community. He was present to represent the interests they had in serving the Community, as evidenced by the results of the survey they had taken of those who favored such a proposal (see petition signed by approximately 27 people living in the immediate vicinity of the Church, in favor of the pre-school, submitted under letter dated September 2, 1983--made a part of the record). They had sought to deal with the traffic situation, which he understood was the basis of the objection to the pre-school. He then described what they had done relative to signing and other measures taken to slow down traffic leaving the property. The objection was also in relati°n to the fact that a 100-student limit for students in day care, child care and pre-school would mean 200 additional cars coming onto the Church grounds. He then gave several reasons why that number would be reduced, such as carpooling, more than one child in a family attending the school, the school hours would spread the traffic activity on the prime streets, etc. He felt that they perhaps should have communicated more clearly with their neighbors relative to their future objective. For the last seven years, they have been asking their people to make sacrificial steps for investment that would allow them to acquire property that would move them through to East Street to make them more accessible to those coming to their Church and to alleviate traffic flow on the main streets of Norwood, Kenwood, Candlewood, Morona and other major streets. After further elaboration, Pastor Lewis stated they were only present for one reason, to help people. He would not deny there would be some inconvenience, but felt they had reduced it. They were appealing, for some slight inconvenience, to help children and families in the early stages of their lives. He reiterated, their single objective was to serve. There being no further persons who wished to speak in favor of the Conditional Use Permit, Mayor Pro Tem Bay asked to hear from those in opposition. The following people then expressed their major points of opposition: Mr. Duane Stout, 1316 Candlewood (resident for 28 years), expressed his concern that when the other church was there, cars were parked up and down the streets and they had meetings four and five times a week. The original granting of the permit was limited to Sunday and Wednesday nights, but it went 727 City Hall.~ Anaheim~ California - COUNCIL MINUTES - September 6.,. 1983~ 10:00 A.M. beyond that. They were also concerned about the nine residences the Church had purchased in the neighborhood and that they would eventually be used for classrooms as Melodyland had used them before. It was a single-family development and they wanted it to remain that way. Traffic was still too fast, and 200 cars traveling down a small street was quite a bit. He felt it would have been appropriate if prior to this meeting, the Church had discussed these items with the neighbors. Gerald Tige, 1322 Candlewood, reported that traffic kept getting heavier. The Church had installed signs requesting that their congregation drive slowly, but people by nature did not drive as slow as they were supposed to, which presented a danger to children. When representatives of the Church came around, they said they planned to have only 25 students in pre-school and day care for the first year or two, but he felt they would try to build it up faster than that. One of the major points of concern was relative to who was going to run the school. At the Planning Commission level, they could not get an answer as to whether the Church would run it or a private party. The Church also owned the house next door to their house, which was in the opposite direction of East Street, and they were afraid that it would eventually expand to a school, rather than just a pre-school, or else it would be torn down to construct a parking lot or other facilities, which would make it noisier. Ira Pfluger, 1317 North Candlewood, original owners in the tract, stated they had considerable trouble with the previous tenants in the Church. She then expanded upon the problems involved relative to traffic and parking on Candlewood, which was only one block long, to the freeway. She also relayed an incident which occurred wherein a woman parked in her driveway to attend Church services. She also expressed concern the traffic would start early in the morning, that she and her husband were retired and slept until 8:00 a.m., which would be disrupted by early daily traffic. There being no further persons who wished to speak, Mayor Pro Tem Bay asked Pastor Lewis to make his s,,mmation. Pastor Lewis then spoke to the concerns expressed. On the issue as to who would run the school, he explained that they wanted to go on record as desiring a pre-school, but there was no way to determine who would run it at this time. There would be some kind of Church connection or he would not call for a vote on it by the Church Board. If it would not enhance what they were trying to do, help people, they had no reason to do it. He emphasized they had no hidden motives. In answer to additional questions posed by Council Members, he relayed the following: There was no way the Church would authorize anyone to run something that they did not have the right to bring to an end if it was not in keeping with their standards, or that would be hurtful to the community; the hours of operation of 6:00 a.m. to 6:00 p.m. were accurate, as was true in relation to any pre-school daycare center; drop off of children would occur on their property; pre-school would be held five days a week, Monday through Friday. 728 Cit Hall Anaheim California - COUNCIL MINUTES - Se tember 6 1983 10:00 A.M. Mayor Pro Tem Bay closed the public hearing. Mayor Pro Tem Bay stated he was interested in one stipulation on the issue. From what he had heard, the Church Board would be answerable to the neighborhood on policy questions regarding impacts created by the school, regardless of who operated it. He wanted the stipulation that the Church would be responsible for the pre-school operation, whether they leased to someone else or someone else ran the school. Pastor Lewis stated that was correct. Responsive was the word that came to mind, and they would be in a position to be responsive to such complaints. He also clarified for Councilwoman Kaywood that the same people would be running the pre-school and daycare center. Councilman Overholt stated his problem was traffic and the Church did not have access to a main artery; Councilman Pickler stated the opposition was relative to traffic and it was going to be there. He still wanted to get a feeling relative to his earlier suggestion of having the Pastor and the people in apposition get together and subsequently return in two weeks to see if they could resolve some of the problems discussed. Councilman Overholt stated he would support that, but he was not too optimistic unless access was gained through East Street. The traffic was not only going to occur Sunday and Wednesday, but also Monday through Friday, and that was the real problem. The location did not give access needed to get people in and out without bothering the neighbors in the single-family residences. Perhaps the neighbors could give some ideas as to where they could gain access. MOTION: Councilman Pickler moved to continue the public hearing on Conditional Use Permit No. 2470 and EIR finding therefor to September 27, 1983, 1:30 p.m., to allow the Pastor and applicant to meet with the people in opposition to explore a possible resolution to the problems. Councilman Overholt seconded the motion. Before a vote was taken, Mayor Pro Tem Bay stated he would have to speak against the motion from the standpoint that he did not think there was anything wrong with the dialogue between the neighbors and the Church, but he aid not believe that all the dialogue in the world was going to solve the problem of how many cars were going down Norwood and Candlewood. He also was not sure that access from East Street could solve the problem in t~e near future. He was, therefore, opposed to a delay because he felt there were enough facts to make a decision today. A vote was then taken on the foregoing motion of continuance- Councilman Bay voted "No." Councilman Roth was absent. MOTION CARRIED. 179: CONTINUED PUB~I~ n ove, to ...... - ...... from 11611 We requesting to move a ~ 580 Greenwich Street. Submitted was a report from the Building Division dated August 18, 1983, recommending approval of the move-on. 729 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 6~ 1983~ 10:00 A.M. The Mayor Pro Tem asked to hear from the applicant or applicant's agent. Mr. William F. Palmer, owner of the property at 580 Greenwich Street, stated he was present to answer any questions relative to the garage he requested to move on to his property. He then answered questions posed by Council Members Kaywood and Pickler wherein he explained that he was not running a business at his home, there were six vehicles at his house and one boat; he was not aware of the CC&R's which were signed by people in the area; his house had an extra large side lot and the reason he was requesting the garage move-on was to be able to drive his boat through the garage into the back; there was no car repair going on at his property; And he did not know he had to go to anyone but the City for permission for the move-on. City Attorney Hopkins then confirmed for Councilman Overholt that the Council was not charged with the enforcement of the CC&R's. Councilman Bay stated if the City had a choice of approving or not approving a move-on of a garage with conversion of an existing three-car garage to living space, obviously in opposition to the CC&R's as stated exist on the title, he felt that would influence the Council's decision on the move-on if it was going to create a violation to those CC&R's. The City Attorney then read the three findings necessary when granting a house moving permit; Councilwoman Kaywood noted that if 51 percent or more of the neighbors were in opposition, there could be no move-on. Councilman Pickler stated in driving through the area and looking at what Mr. Palmer wanted to move on to his property, he felt it would detract from that area. It was a beautiful area, as was Mr. Palmer's house, but he did not feel the architecture of the proposed move-on would fit in with the other homes in the neighborhood. He suggested that if Mr. Palmer had communicated with his neighbors to show them what he was doing, there might not have been any opposition. Mr. Palmer stated his house was open to the neighbors and always had been and they were free to consult with him. His yard was double the size of the others and the structure would be just as attractive as the others. He never even thought about going to the neighbors because it was not a major issue. Councilwoman Kaywood asked Mr. Palmer if he would like a continuance to give him time to show his neighbors a sketch of the final product or if he would like to have a decision today; Mr. Palmer stated it did not matter, but if he could not have a move-on, he wanted to know if it was possible to build, instead. He was told that the property could be covered with a permanent foundation up to forty percent and he was well within that; Councilwoman Kaywood reiterated, with a move-on, it was necessary that a majority of the neighbors approve. Councilwoman Kaywood asked for a show of hands of those present on the subject move-on; six were present. 730 Councilman Bay suggested that they continue the public hearing, .'~at he first asked if anyone else wished to speak, either in favor or in opposition. Andrus, 571 South Greenwich, stated he lived across the street Mr. Delbert L. . ere ~ood friends. He would like to see Mr. Palmer move and he and Mr. Palmer w ~- ~- see a ~able garage instead of a but would pre,er no b . . the garage on, , Spanish-style garage, and he would like to see a drawzng as suggested · ressed opposition simply because of the Mr. Willer. 550 Gre~nwzc~:_el~ve_on would have on the neighbor~??d.~. ~ did thetzc repercussions un= ~v _ =~.~ ;. ~h ~hm o arcn~cecuu== in the o~s ' ~ .......... ther %~t think a flat roof was gozng to ~ .... neighborhood. He also felt that Mr. Palmer converting his garage to living · to uestion. He then reiterated that a flat quarters later on.was ~boe~t___~__. The houses zn the area were ~n~ anish-style root would no~ uu~t- e-car arages exzst~ng an~ ~ S~ · th thre g $ 80,000 to $200,000 przce range wx Even would now make a five-car garage, which they did not feel was necessary. if Mr. Palmer supplied a drawing and the structure did fit in, he would still have serious reservations about converting the garage. pointed out the garage conversion was a separate issue; Councilwoman Kaywood confirmed for Mayor Pro Tem Bay that the conversion issue Miss Santalahti then was not a part of the hearing, but would require a separate actzon. If the Council approved the move-on, the garage would be available for parking and Mr. Palmer could work with the garage to make it a permanent habitable space. At present, he could not get permits without the new garage being part of that permit. He could come in today, get a building permit to construct the new garage, and include in that the conversion, and it would be done at a staff level, with no public hearings necessary- Mayor Pro Tem Bay clarified for Mr. Willer if the Council approved the move-on now or later and once that was done, that would fill the Code requirement for , if the applicant saw fit to convert the parking under the Code. Therefore quarters, he could do so through a permit existing garage into larger living process, without a new hearing that would involve the neighbors. Mrs. Idel Matthews stated she was living with her daughter who brought her there so she would not have to go to a rest home or live alone. That was why her son-in-law was making the garage into a living space for her. She was certain, knowing his work, that it would not detract from that beautiful home. Steve Palmer stated he was the only son living at home. He explained that the City only needed plot plan dimensions of the area and if they had known something else was necessary for the Council to look at, they would have supplied a rendering of the building. He then described what they were going with the move-on, specifically the effect they were going to achieve to dothe garage roof, which they felt would blend in with the architecture of to with the neighborhood- He could submit drawings to show to the neighbors get -" their approval. 731 City Ha.l.l~ Anaheim~ California - COUNCIL MINUTES - SePtem~e~ .6.~. 1983~ 10:00 A.M. MOTION: After Council discussion relative to an appropriate meeting time, Councilman Pickler moved to continue the public hearing on the move-on of a garage from 11611 Westminster Avenue, Garden Grove, to 580 Greenwich Street, to Tuesday~ September 13, 1983~ at 1:30 p.m. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Overholt emphasized that there were CC&R's placed on the property recorded in October of 1977. Those documents contained the address of three men at 655 Brea Canyon Road in Walnut who composed the architectural committee, and they were the ones who considered the architectural appropriateness of proposed structures. He was concerned about the Council getting into what kinds of roofs people were going to construct. He felt if the architectural committee approved what Mr. Palmer was going to do, he would be "home free." Although it may be true that a majority of the neighborhood would also have to agree, as reiterated by Councilwoman Kaywood, that committee might be helpful in protecting the people. He gave a copy of the CC&R's to Mr. Palmer. Mayor Pro Tem Bay pointed out that the CC&R's prohibited turning the garage into additional living quarters; Mr. Palmer stated he would not do it without the permission of the City. A vote was then taken on the'foregoing motion. Councilman Bay voted "No." Councilman Roth was absent. MOTION CARRIED. RECESS - CLOSED SESSION: Councilman Pickler moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. Councilman Roth was absent. MOTION CARRIED. (3:45 p.m.) AFTER RECESS: The Mayor Pro Tem called the mseting to order, all Council Members being present, with the exception of Mayor Roth. (5:01 p.m.) 112: SOLICITATION AT ANAHEIM STADIUM BY REPRESENTATIVES OF ISKCON: Councilman Bay moved to approve conditions for solicitation at the Anaheim Convention Center by representatives of Iskcon (also known as Hare Krishna) to be submitted to the United States District Court, Central District of California, in connection with Case No. Civ. No. 83 1911R (Carreras and Marsden vs. City of Anaheim). Councilman Pickler seconded the motion. Councilman Roth was absent. MOTION CARRIED. ADJOURNMENT: Councilman Pickler moved to adjourn. Councilwoman Kaywood seconded the motion. Councilman Roth was absent. MOTION CARRIED. (5:04 p.m.) LINDA D. ROBERTS, CITY CLERK 732