Loading...
1982/09/14City Hall, Anaheim, California - COUNCIL MINUTES - September 14, 1982, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts CITY ENGINEER: William Devitt ASSISTANT CITY ATTORNEY: Jack L. White PLANNING DIRECTOR: Ronald L. Thompson ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti ASSOCIATE PLANNER: Pamela A. Lucado TRAFFIC ENGINEER: Paul Singer Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: The Reverend David Beadles, Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: 1. 8th Annual Senior Health Fair, September 19, 1982. 2. Cystic Fibrosis Week in Anaheim, September 19-25, 1982. 3. Civic Responsibility Week, September 19-25, 1982. 4. Constitution Week, September 17-23, 1982. The first proclamation was accepted by Mrs. Ruth Bruhns; the second was accepted by Mary Schreager; and the third by Commander Richard R. Pignone and Quartermaster Elmer Luchau, members of the VFW Garden Grove Post 6475. 119: RATIFICATION OF RESOLUTION OF COMI~ENDATION: The City Council unanimously ratified a Resolution of Commendation presented to Councilman E. Llewellyn Overholt, Jr., on Monday evening, September 13, 1982, for his dedication and contributions, not only as a Councilman for the City, but als0 as an active and giving member of the Anaheim Family YMCA. MINUTES: Councilman Pickler moved to approve the minutes of the regular meetings held June 29 and 3uly 6, 1982, and the adjourned regular meetings of June 29 and August 20, 1982. Councilwoman Kaywood seconded the motion. Councilman Pickler abstained on both June 29, 1982 meetings, and Councilman Overholt abstained on the August 20, 1982 minutes, since they were absent. MOTION CARRIED. 799 City Hall, Anaheim, California - COUNCIL MINUTES - September 14~ 1982~ 10:00 A.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Bay 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. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $12,220,447.29, in accordance with the 1982-83 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, 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; Councilman Pickler offered Resolution Nos. 82R-454 through 82R-458, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims and amended claims were filed against the City and action taken as recommended: A. Claims denied and referred to Risk Management: 1. Claim submitted by Robert, Hedda Marie and Karen Marie Conkley for personal property damages at 1230 South Euclid, #19C, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 2. Claim submitted by Lance Connor for personal property damages at 1612 West Juno Avenue, #7, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 3. Claim submitted by Sam Eden for personal property damages at 1230 South Euclid, #7D, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 4. Claim submitted by Russell Sheffler for personal property damages at 1660 west Palm Lane~ #8~ purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 5. Claim submitted by Harriett Shaffer for personal property damages at 1613 West Ball Road, #33, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 8OO .City Hall, Anaheim, California - COUNCIL MINUTES - September 14, 1982, 10:00 A.M. 6. Claim submitted by Helen V. Buckley for personal property damages at 1660 West Palm Lane, #86, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 7. Claim submitted by Kenneth and Bessie Cunningham for personal property damages at 1639 West Ball Road, No. 6, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 8. Claim submitted by Cheryl Browne for personal property damages at 1660 West Palm, #105, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 9. Claim submitted by Bertha Jorgensen; Gustavo Vallejo (Brother); and George Allen Vallejo (20 months) for personal property damages at 1613 West Ball Road, #7, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 10. Claim submitted by Wanda Venegas and Nathan for personal property damages at Palm Villa, 1230 South Euclid, #24-A, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 11. Claim submitted by Kenneth and Alma Porter for personal property damages at 1230 South Euclid, #2C, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 12. Claim submitted by Judith Holm for personal property damages at 1660 West Palm Lane, #95, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 13. Claim submitted by Mary Lyons for personal property damages at 1603 West Ball Road, #2~ purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 14. Claim submitted by Jean M. Probst for personal property damages at 1645 West Palm Lane, #12, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 801 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - September 14~ 1982~ 10:00 A.M. 15. Claim submitted by Karl Mendoza for personal property damages at 1220 Palm Way, No. 5, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 16. Claim submitted by Melony Will; Donald Will; and James Will, a minor for personal property damages at 1612 Juno, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 17. Claim submitted by Fred, Carol and Mark Endlich for personal property damages at 1230 South Euclid, #23D, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 18. Claim submitted by Garry Dowty for personal property damages at 1639 West Ball Road, #7, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 19. Claim submitted by Carol and Larry Doeling for personal property damages at 1660 Palm Lane, #56, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 20. Claim submitted by Linda Hebert for personal property damages at 1660 West Palm Lane, #103, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 21. Claim submitted by Theresa Sawyer, Tina Edwards, Debra Fraizer and Christina Sawyer for personal property damages at 1633 West Ball Road, #2, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 22. Claim submitted by Edith K. Shoop for personal property damages at the Seville Apartments, #29, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 23. Claim submitted by Bernarda Hernandez for personal property damages at 1230 South Euclid, No. 2OB, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 24. Claim submitted by June Garrity for personal property damages at 1660 Palm Lane, #103, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 8O2 City Hall, Anaheim, California - COUNCIL MINUTES - September 14, 1982, 10:00 A.M. 25. Claim submitted by Margaret Frees for personal property damages at Palm Villa #19D, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 26. Claim submitted by Donald Frees for personal property damages at Palm Villa #19D, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 27. Claim submitted by Tony, Peggy, Karen and Mark Ramine for personal property damages at 1230 South Euclid, #6, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 28. Claim submitted by Herman, Theresa, Theresa and Edwardo Reinhold for personal property damages at 1230 South Euclid, #2lB, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 29. Claim submitted by Charles Rinehart for personal property damages at 1612 Juno, #4, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 30. Claim submitted by Lawrence E. Farrar; Virginia Farrar and Kelly Farrar for personal property damages at 1623 West Ball Road, #5, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 31. Claim submitted by Claire Jeremias for personal property damages at 1230 South Euclid, #6C, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 32. Claim submitted by Phyllis Kern for personal property damages at 1230 South Euclid, #26C, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 33. Claim submitted by Edith Kotkin for personal property damages at 1645 West Palm Lane, #17, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 34. Claim submitted by Pakran Karagheusian for personal property damages at 1660 West Palm Lane, #71, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 803 City Hall, Anaheim~ .California - COUNCIL MINUTES - September 14~ 1982~ 10:00 A.M. 35. Claim submitted by Jeanne McCrae and Sy Perlowitz for personal property damages at 1220 Palm Way, #27, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 36. Claim submitted by Rick Wells and Gloria Wells for personal property damages at Charlton Square Apartments, #2, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 37. Claim submitted by John Wilson and Mary Ellen O'Connell for personal property damages at 1613 West Ball Road, No. 5, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 38. Claim submitted by Karen and Bob Moss; Alex Moss, a minor, for personal property damages at Palm Villa Apartments, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 39. Claim submitted by Betty McCay for personal property damages at 1645 Palm Lane, #16, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 40. Claim submitted by Geraldine M. St. John for personal property damages at 1645 Palm Lane, #6, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 41. Claim submitted by Leroy and Dorothy Thompson for personal property damages at 1640 West Ball Road, #112, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 42. Claim submitted by Charles W. Norton for personal property damages at 1625 West Ball Road, #8, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 43. Claim submitted by Esmat Qursha for personal property damages at 1230 South Euclid, #2D, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 44. Claim submitted by Robert Briggs for personal property damages at 1622 West Juno, #1, purportedly sustained due to negligence on the part of City employees in connection with the fire. which occurred on April 21, 1982. 804 City Hall, Anaheim, California - COUNCIL MINUTES - September 14, 1982~ 10:00 A.M. 45. Claim submitted by Virginia Briggs for personal property damages at 1622 West Juno, #1, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 46. Claim submitted by Elizabeth Briggs for personal property damages at 1622 West Juno, #1, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 47. Claim submitted by Sue Farfone for personal property damages at 1645 West Palm Lane, #8, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 48. Claim submitted by Louise Villa for personal property damages at Palm Villa, 1230 South Euclid, #25C, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 49. Claim submitted by Nancy and Nicholas Apollo (a minor) Kvist for personal property damages at 1230 South Euclid, #22-B, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 50. Claim submitted by Luella A. Bye for personal property damages at 1660 West Palm Lane, #50, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 51. Claim submitted by Elmer Lee and Gairung L. Cisco for personal property damages at 1645 West Palm, #54, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 52. Claim submitted by Beverly Johnson for personal property damages at 1660 West Palm Lane, #16, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 53. Claim submitted by George Kramer for personal property damages at 1660 West Palm Lane, #34, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 54. Claim submitted by William S. Langston for personal property damages at 1660 West Palm Lane, #9, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 8O5 Ctt Hall, Anaheim California - COUNCIL MINUTES - Se~ 10:00 A.M. 55. Claim submitted by Marjorie Smith for personal property damages at 1613 West Ball Road, #5, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 56. Claim submitted by Jack, Mildred, Hope and Lea Rudko for personal property damages at 1230 Euclid, #1SA, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 57. Claim submitted by Norman, Sheila and Jody Brender for personal property damages at 1230 Euclid, #18C, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 58. Claim submitted by Barbara, Richard Jr., Thomas and Stephen Martin for personal property damages at 1603 West Ball Road, #5, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 59. Claim submitted by Donald E. Sargeant and Susan Glebel for personal property damages at 1629 West Ball Road, #7, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 60. Claim submitted by Kiyoshi Satori and Takako Satoh for personal property damages at 1230 South Euclid, #lO-C, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 61. Claim submitted by Henry J. Kent for personal property damages at 1690 West Ball Road, #6, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 62. Claim submitted by Samih S., Salway, Samer Aboutablib and Anap Nasr for personal property damages at 1230 South Euclid, #26B, Palm Villa Barcelona, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 63. Claim submitted By Joe, Eva, Christopher and Donna Arbuso for personal property damages at 1230 South Euclid, #250, Palm Villa, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 64. Claim submitted by Willetta Moss for personal property damages at 1230 South Euclid, #7-D, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 806 City Hall, Anaheim, California - COUNCIL MINUTES - September 14, 1982~ 10:00 A.M. 65. Claim submitted by Mary Smithson and Steven Lee Campbell for personal property damages at 1609 West Ball Road, #3, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 66. Claim submitted by Nicholos and Belinda Seriganis for personal property damages at 1639 West Ball Road, #9, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 67. Claim submitted by Gloria Schaefer for personal property damages at 1660 West Palm Lane, #7, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 68. Claim submitted by Mohammed Masri for personal property damages at 1623 West Ball Road, #6, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 69. Claim submitted by Carl Sanders for personal property damages at 1660 West Palm Lane, #71, Charlston Space 71, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 70. Claim submitted by William B. Robertson for personal property damages at 1660 West Palm Lame, #10, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 71. Claim submitted by Debbie (Mealy) and Mike Hickey for personal property damages at their residence, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 72. Claim submitted by Paul Gerkey for personal property damages at 1230 South Euclid, #26C, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 73. Claim submitted by Paul, Yvette and Shana Goins for personal property damages at 1230 South Euclid, #16A, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 74. Claim submitted by Annette Kay Coyne for personal property damages at 1660 West Palm Lane, #92, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 807 City Hall~ Anaheim, California - COUNCIL MINUTES - September 14~ 1982~ 10:00 A.M. 75. Claim submitted by Debbie and Wayne Homan for personal property damages at 1633 West Ball Road, #3, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 76. Claim submitted by Rudolph Lnenick for personal property damages at 1660 West Palm Lane, #64, Charleston Square, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 77. Claim submitted by Allen S. and Charles Park; and Lucia Nataf for personal property damages at 1230 South Euclid, No. 17C, Palm Villa Apartments, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 78. Claim submitted by Irene Pernosky for personal property damages at 1660 West Palm Way, #38, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 79. Claim submitted by Oscar and Antonia Almeda for personal property damages at Charleston Square, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 80. Claim submitted by Clifford and Rosalie Keiser for personal property damages at their residence, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 81. Claim submitted by Lori Nelson for personal property damages at the Charleston Square Apartments, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 82. Claim submitted by Clarence Anderson for personal property damages at 1613 West Ball Road, #18, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 83. Claim submitted by Stephan and Pierangela Pezzini for personal property damages at 1645 Palm Lane, #34, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 84. Claim submitted by Harry McWhirter, Scott and Torrey (minors) and Nancy for personal property damages at 1230 South Euclid, #2B, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 8O8 City Hall, Anaheim, California - COUNCIL MINUTES - September 14~ 1982~ 10:00 A.M. 85. Claim submitted by Barbara Mazac for personal property damages at 1230 South Euclid, #7-D, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 86. Claim submitted by Thomas R. Markin and Joy M. Jones for personal property damages at 1660 West Palm Lane, #69, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 87. Claim submitted by Abraham Falik for personal property damages at 1660 West Palm Lane, #9, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 88. Claim submitted by John and Linda Gaddis for personal property damages at 1660 West Palm Lane, #39, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 89. Claim submitted by Ralph Begneaud for personal property damages at 1640 Ball Road, #103, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 90. Claim submitted by Judy and Richard Martin for personal property damages at 1603 West Ball Road, #5, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 91. Claim submitted by James Austin for personal property damages at 1660 West Palm Lane, #92, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 92. Claim submitted by Alex C. and Jason (a minor) Watt for personal property damages at 1603 West Ball Road, #3, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 93. Claim submitted by Robert Asalos for personal property damages at 1220 Palm Way, #6, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 94. Claim submitted by Sherry and April Loman and Jennifer Mills for personal property damages at 1603 Ball Road, #7, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 809 City Hall, Anaheim, California - COUNCIL MINUTES - September 14, 1982, 10:00 A.M. 95. Claim submitted by Dorothy and William Macias for personal property damages at 1660 West Palm Lane, #62, Charleston Square, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 96. Claim submitted by Ben, Judith and Kelly Lee Van Morter for personal property damages at 1660 Palm Lane, #24, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 97. Claim submitted by Yvetta Silverman for personal property damages at 1660 West Palm Lane, #43, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 98. Claim submitted by Sandy, Gary, Laura Lynn, Kimberly and Amy Clark for personal property damages at Palm Villa, #24C, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 99. Claim submitted by Thomas F. and Myrtle Norton for personal property damages at 1230 South Euclid, #lB, Palm Villa Apartments, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 100. Claim submitted by Lloyd E. and Madeline Bradly for personal property damages at 1220 South Palm Way, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 101. Claim submitted by Ann and Gayle Robinson for personal property loss at 1230 South Euclid, #26-D, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 102. Claim submitted by Janet A. Smith for personal property loss at 1220 South Palm Way, #26, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 103. Claim ~ubmttted by Lumb, rmen~ Mutual In~urane, Company. ~ugop Peirmenjian, dba, Anawood Cleaners, Insured, for personal property loss at 1223 South Euclid Avenue, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 104. Claim submitted by Lumbermens Mutual Insurance Company, Henry and Barbara Reinholtz, Insured, for personal property loss at 1602-1608 West Juno Avenue, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 810 Cit~ Hall~ Anaheim, California - COUNCIL MINUTES - September 14, 1982, 10:00 A.M. 105. Claim submitted by Lumbermens Mutual Insurance Company, Carl H. and Peggy Boatright, Insured, for personal property loss at 1618 Juno Avenue, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 106. Claim submitted by Lumbermens Mutual Insurance Company, (Prudential Investment, a Ltd. Partnership), for personal property loss at 1314 South Euclid Avenue, purportedly sustained due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 107. Claim submitted by Nanette C. Boutte for personal injuries purportedly sustained due to a slip-and-fall accident at Anaheim Stadium, on or about July 10, 1982. 108. Claim submitted by Catherine E. Whelpley for injuries to her son purportedly sustained due to a loose street sign falling on her son's head at 2103 East Viking, on or about June 1, 1982. 109. Claim submitted by Charles F. Pacier for personal property damages purportedly sustained due to actions of a City crew at 1241 North Minteer Street, on or about May 27, 1982. 110. Claim submitted by Pacific Telephone Company for property damages purportedly sustained due to failure of City to maintain facilities in safe condition at 2206 East Center, on or about June 21, 1982. 111. Claim submitted by Jim Ziemer for personal property damages purportedly sustained due to a chuck hole in the street at the intersection of Miller and Crowther, on or about July 5, 1982. 112. Amended claim submitted by Allstate Insurance for damages paid to their insured in the vicinity of Euclid Street and Ball Road, purportedly sustained due to negligence on the part of the City in connection with the fire which occurred on April 21, 1982. 113. Amended claim submitted by Robert A. and Margaret I. Tippet for personal property loss at 1645 West Palm Lane, #38, purportedly sustained due to negligence, carelessness and wrongfulness of the City in connection with the fire which occurred on April 21, 1982. 114. Amended claim submitted by Joseph and Yetta Silverman for personal property loss at 1600 West Palm Lane, purportedly sustained due to negligence, carelessness and wrongfulness of the City in connection with the fire which occurred on April 21, 1982. B. Claims denied and referred to Governmental Programs Division, Markel Services, Inc: 115. Claim submitted by Dee Roohinia for personal property damages purportedly sustained due to actions of Anaheim Police Officers at 7591 Tenth Street, #23, Buena Park, on or about August 11, 1982. 811 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - September 14~ 1982~ 10:00 A.M. 116. Claim submitted by Motta Brothers Shell Service for property damages purportedly sustained due to actions of an Anaheim Police Officer at 763 Sepulveda at Maple, E1 Segundo, on or about July 22, 1982. C. Claims allowed payment: 117. Claim submitted by Donald J. Bartz for personal property damage to claimant's vehicle by a City employee backing a City vehicle into claimant's vehicle at 1954 West Glenoaks, on or about July 11, 1982. ($918.64) 118. Claim submitted by Helen Lockman for personal property damage to claimant's unoccupied and parked vehicle by a City employee who was driving a City vehicle in the Convention Center parking lot, on or about August 2, 1982. ($373.16) 2. The following correspondence was ordered received and filed: a. 107: Building Division Report--Month of August 1982. b. 173. Before the Public Utilities Commission, Application No. 82-08-55, in the matter of the Application of FunBus Systems, Inc., for a Certificate of Public Convenience and Necessity to operate round trip, loop sightseeing tours between points in Orange County and Los Angeles. 3. 123: Authorizing an agreement with William M. Mercer, Inc., in an amount not to exceed $6,000 for actuarial services. 4. 123/150: Authorizing an agreement with Ken Matsuoka, Electrical Engineer, in the amount of $1,900, for engineering Services to design power redistribution and voltage conversion plans for Pearson Park. 5. 123/140/160: Authorizing an agreement with Sylvania Lighting Services Corporation in the amount of $22,494.24 for re-lamping and related services for the libraries for a term of three years, in accordance with Bid No. 3885. (continued from the meeting of August 31, 1982) 6. 123: Authorizing an agreement with Warner-Lambert Company for the maintenance of railroad crossing protection at Hunter Avenue and The Atchison, Topeka, and Santa Fe spur line, Crossing No. 2B-39.3C. 164: RESOLUTION NO. 82R-454: 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: CONSTRUCTION OF WATER IMPROVEMENTS ON WEIR CANYON ROAD FROM SOUTHERLY OF LA PALMA AVENUE TO THE RIVERSIDE FREEWAY NORTHERLY OFF RAMP, ACCOUNT NOS. 54-605-6329-17160-34350 AND 54-605-6329-17150-34350; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION 812 City Hall, Anaheim, California - COUNCIL MINUTES - September 14, 1982, 10:00 A.M. OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FGR THE CONSTRUCTION THEREOF. (Bids to be opened October 21, 1982, 2:00 p.m.) 167: RESOLUTION NO. 82R-455: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE STREET LIGHTING ASSESSMENT DISTRICT NO. 1981-6, TRACT NOS. 2228 AND 2705, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-676-6329-12110-37300. (Mendoza Electric, $86,444) 175: RESOLUTION NO. 82R-456: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE UTILITIES SERVICE CENTER, 901 EAST VERMONT, MATERIAL STORAGE AREA PAVING, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 51-699-6329-0957M-3710A AND 55-699-6329-0957M-3900A. (Porter Construction Company, $53,924.26) 164: RESOLUTION NO. 82R-457: 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: AMTRAK STATION SEWER, IN THE CITY OF ANAHEIM, ACCOUNT NO. 43-790-6325-E0410. (Five States Plumbing, Inc., contractor) 169: RESOLUTION NO. 82R-458: 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: OERTLEY DRIVE STREET IMPROVEMENT FROM ORANGEWOOD AVENUE TO SOUTH CITY LIMITS AND TILLER AVENUE STREET IMPROVEMENT FROM HASTER STREET TO OERTLEY DRIVE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-792-6325-E2760. (Gosney Backhoe and Equipment, contractor) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 82R-454 through 82R-458, both inclusive, duly passed and adopted. 108: APPLICATION FOR ENTERTAINMENT PERMIT: Submitted by Ronald R. LaTremouille, for the Gold Room, 508 South Knott Street, to permit small bands of four or less, including si~ing and girls dancing, from 10:00 a.m. to 2:00 a.m. daily, in accordance with the recommendation of the Chief of Police--continued from the meeting of September 7, 1982. 813 Hall Anaheim, California - COUNCIL MINUTES - Se~lO:O0 A.M. Councilwoman Kaywood moved to deny the subject Application for an Entertainment Permit for the Gold Room, 508 South Knott Street, on the basis that there were eleven bars between the 500 and 1200 block of South Knott Avenue. Councilman Pickler seconded the motion. Before a vote was taken, Mayor Roth asked if anyone was present representing the Gold Room. No one was present. Councilman Bay, speaking to the City Attorney, stated he presumed it was within the Council's prerogative to refuse such requests in areas where there was an overabundance of such businesses; City Attorney William Hopkins stated he would recommend a finding by the Council that it would not be in the best interests of the City and the health and welfare of the citizens, because of an extensive number of entertainment businesses in the subject location. A vote was then taken on the foregoing motion of denial, including the finding as articulated by the City Attorney. MOTION CARRIED. 123: SEWER AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE CITY OF ORANGE - WINDMILL LANE AND RIDGE GATE ROAD: Councilwoman Kaywood moved to authorize an agreement with the City of Orange in the amount of ~10 per lot per year, to permit Orange usage of Anaheim sewer lines in Windmill Lane and Ridge Gate Road for a maximum of thirty residential lots, term ending June 30, 1983, as recommended in memorandum dated September 1, 1982, from the Street Maintenance Superintendent, William Lewis. Councilman Roth seconded the motion MOTION CARRIED. . 123/124: EARTHWORK PROVIDED BY C-D III AT ANAHEIM STADIUM ON THE AMTRA~ .PROJECT: Councilman Pickler moved to authorize staff to deduct an additional $22,772.50 from the building fees for the Convention Center parking structure under construction by C-D III, in exchange for the earthwork provided C-D III at the Stadium for the Amtrak project; and authorizing C-D III to pay Kenneth G. Osborne & Associates ~2,285, for related civil engineering services provided to City, as recommended in memorandum received September 8, 1982, from Pamela Lucado, Associate Planner. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The follow-lng actions taken by the City Planning Commission at their meeting held August 23, 1982, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 82-83-6 AND COMDITIONAL USE PERMIT NO. 2363: Submitted by Joseph B. Edwards, et al, for a change in zone from RS-7200 to CL, to permit the commercial use of a residential structure on property located at 1694 West Sumac Lane, with the following Code waivers: (a) Minimum number of parking spaces, and (b) Required location of parking spaces. The City Planning Commission, pursuant to Resolution Nos. PC82-159 and PC82-160, granted Reclassification No. 82-83-6 and Conditional Use Permit No. 2363, and granted a negative declaration status. 814 City Hall, Anaheim, California - COUNCIL MINUTES - September 14, 1982, 10:00 A.M. 2. CONDITIONAL USE PERMIT NOS. 1166 AND 1645 - EXTENSIONS OF TIME: Submitted by Town Tour Fun Bus Company, requesting extensions of time to Conditional Use Permit Nos. 1166 and 1645, to permit a bus terminal and to allow bus storage and repair facilities on CG and proposed CL zoned property located at 304 East Katella Way and 1825 Mountain View Avenue. The City Planning Commission approved extensions of time to Conditional Use Permit Nos. 1166 and 1645, to expire August 16, 1983. 3. CONDITIONAL USE PERMIT NO. 1883 - EXTENSION OF TIME: Submitted by Collins Limited Partnership, requesting an extension of time to Conditional Use Permit No. 1883, to permit on-sale beer and wine in an existing restaurant on ML zoned property located at 1514 West Broadway. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1883, to expire August 28, 1984. 4. CONDITIONAL USE PERMIT NO. 2207 - EXTENSION OF TIME: Submitted by Sand and Gravel, Inc., requesting an extension of time to Conditional Use Permit No. 2207, to permit a portable concrete batch plant on RS-A-43,000(SC) zoned property located on the west side of Richfield Road and south of La Palma Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2207 to expire June 1, 1983. 5. TENTATIVE TRACT NOS. 10996, 10997 AND 10998 - EXTENSIONS OF TIME: Submitted by The Gunston Hall Company, requesting extensions of time to Tentative Tract Nos. 10996, 10997 and 10998, consisting of 22 RS-HS-22,000(SC) and 14 RS-HS-43,000(SC) zoned lots on property located on the southwest corner of Avenida de Santiago and Hidden Canyon Road. The City Planning Commission approved extensions of time to Tentative Tract Nos. 10996, 10997 and 10998, to expire October 6, 1983. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. 174/169: HAZARD ELIMINATION SAFETY PROJECT - REQUEST TO PRESENT ALTERNATE PLAN: Mayor R0th explained that on September 7, 1982, when the design under the subject project was approved as one of the items on the Consent Calendar, the owner of McDonald's (Ball Road), Mr. Stephen L. Schuster, was present in the Chambers audience, but did not realize that it was approved as part of those Consent Calendar items. Mr. Schuster subsequently contacted him and, upon his request, wrote a letter to the Council dated September 9, 1982, in which he requested that the Council conduct another hearing on the subject, so that he could present an alternate plan for consideration (letter on file in the City Clerk's office with alternate plan attached). He asked the Traffic Engineer to address the issue. 815 Cit Hall, Anaheim, California - COUNCIL MINUTES - Se~10:O0 A.M. Mr. Paul Singer, Traffic Engineer, explained that the idea of providing a median along the portion of Ball Road between Harbor and Anaheim Boulevards was to significantly reduce the number of collisions that had taken place (also see Mr. Singer's memorandum of September 13, 1982). Any uncontrolled left turns would only serve to perpetuate the situation. Unless the project funded by the Federal Highway Administration was submitted as presently designed, it was unlikely that it would qualify under the Hazard Elimination Project because they would not be able to eliminate certain collisions. He urged that the design as approved on September 7, 1982 (see minutes that date), not be changed, since if additional median cuts were made, they would not be gaining anything. Mr. Schuster's alternate plan would simply be a beautification project and would not qualify under the hazard elimination funding. He then clarified for Councilman Overholt that the delay that would be involved in granting another public hearing would not harm the project. MOTION: Council discussion then followed wherein the Mayor and Councilman Overholt were amenable to having Mr. Schuster again address the Council to present his plan. Councilman Roth moved to grant a rehearing in order to give Mr. Schuster an opportunity to speak and present his alternate plan. Councilman Overholt seconded the motion. Council Members Kaywood, Pickler and Bay did not feel that any purpose would be served by holding another hearing, since Mr. Schuster had the opportunity to speak in opposition to the plan, which he did at the public hearing of July 6, 1982 (see minutes that date--verbatim transcript, on file in the City Clerk's office). Further, Mr. Singer also confirmed that Mr. Schuster's alternate plan, as submitted under a letter dated September 9, 1982, was essentially the same as the plan he proposed at the meeting of July 6, 1982, during which time there was a full and complete hearing. Councilman Pickler suggested that the matter be continued for two weeks to give Mr. Schuster an opportunity to speak at that time, but he did not want to hold a full public hearing again. Councilman Roth amended his motion that Mr. Schuster, only, be heard in two weeks in order to present his alternate proposal. A vote was then taken on the fore~otn~ motion as amended. MOTION CARRIED. 179: ORDINANCE NO. 4363: Councilwoman Kaywood offered Ordinance No. 4363 for adoption. Refer to Ordinance Book. ~RDINANCE NO. 4363: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCES NO. 4345 AND 4346 NUNC PRO TUNC. (Bauer Ranch Development, 77-78-64(1) and (2)) 816 City Hall, Anaheim, California - COUNCIL MINUTES - September 14~ 1982~ 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4363 duly passed and adopted. 119: MISS AMERICA 1982-83, DEBRA SUE MAFFETT (MISS ANAHEIM): Councilman Overholt prefaced his remarks by stating that the bottom line of pageants such as the two recognized in Anaheim (Miss Anaheim pageant, preliminary to the Miss California and Miss America pageants, and Miss Anaheim pageant, preliminary to Miss U.S.A., Miss Universe pageants) was the self-betterment of the young ladies involved. Debra Sue Maffett, Miss Anaheim/Miss California, who was crowned Miss America on September 11, 1982, was a good example of the benefit of the pageants. He thereupon commended those women in the Anaheim community involved in both the Miss California and Miss U.S.A pageants, namely, Earline Jones, Executive Director, Miss Anaheim Scholarship Fund, and Shirley Bula, and Fran Mauck, Executive Director, Miss Anaheim preliminary to Miss U.S.A., for giving the young ladies an opportunity to develop their talents. He wished both pageants the very best in the future and expressed how pleased he was in having Miss Maffett capture the Miss America title. Councilwoman Kaywood also expressed how proud she was of the fact. Mayor Roth also commented on the honor bestowed upon Miss Anaheim and reported that telegrams had been sent to Miss Maffett on behalf of the Council and the City, the first urging her on to victory, and the second commending and congratulating her on that victory. He stated that Debbie Maffett was the epitome of what they were trying to do in the City of Anaheim, and it was just another start of bigger and better things to come. The City was not only proud of her victory, but also in her having brought world-wide media attention to the City. He also highly commended those who were responsible for assisting in making the honor a reality. 108: PERMIT APPLICATION REQUEST: Councilman Pickler, referring to an item discussed earlier in the meeting involving an application for an Entertainment Permit, suggested for Council consideration the possibility of a survey of the residents in a particular area when such permits were requested. The former item was a request for an Entertainment Permit in a residential area where it would affect a number of people residing in that area. If he were a resident therein, he would like to give input that would assist the Council in making a decision. He viewed it as a preventive measure where if the people surrounding the location knew something was going to happen, they could do something about it before, and not after. Councilman Bay assumed that Councilman Pickler was suggesting that they look into the possibility of using the present amusement arcade approval system on permits of the type under discussion which, in effect, increased the activity 817 Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - September 14, 1982~ 10:00 A.M. of a business; Councilman Pickler confirmed that was his intent. Councilman Bay continued that what they would be interested in then were the technicalities involved in defining which permits would fall under that system if, in fact, they decided to use the same citizen input system as with arcades. Staff was thereupon requested to submit a report on the possibility and feasibility of using the arcade approval system on permit applications. 115: PODIUM IN COUNCIL CHAMBERS: Mayor Roth referred to memorandum dated August 19, 1982, from John Roche, Facility Maintenance Superintendent, relating to a modification to the podium in the Council Chambers. He asked that the Council review the memorandum so that at next week's meeting, they could give some direction to the City Manager to correct what he felt was a hazard. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss labor relations and personnel matters with possible action anticipated; the City Attorney requested a Closed Session to discuss potential litigation with no action anticipated. Councilman Roth moved to recess into Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. (11:05 a.m.) AFTER RECESS: The Mayor called the meeting to order at 12:18 p.m., all Council Members being present. RECESS: By general consent, the Council recessed for a lunch break. (12:18 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:40 p.m.) PUBLIC HEARING - RECLASSIFICATION NO. 82-83-1, CONDITIONAL USE PERMIT NO. 2354 AND WAIVER OF COUNCIL POLICY NO. 543: Application by George M. Kubo, et al, for a change in zone from CL and RS-A-43,000 to RM-3000, with waiver of Council Policy No. 543 pertaining to density bonuses, to permit a 35-unit affordable condominium complex on property located at 721 South Beach Boulevard, with the following Code waivers: (a) Minimum lot area per dwelling unit, (b) Maximum structural height, (c) Minimum landscaped setback, (d) ~_{n~mum s~de yard setback, (e) Minimum r~ereat~onal/l~i~ur~ ar~a, and (f) Required screening of parking facilities. The City Planning Commission, pursuant to Resolution No. PC82-141, declared that the subject project be exempt from the requirement to prepare an Environmental Impact Report, pursuant to the provisions of the California Environmental Quality Act on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this negative declaration, since the Anaheim General Plan designates the 818 City Hall, Anaheim~ California - COUNCIL MINUTES - September 14, 1982~ 10:00 A.M. subject property for medium density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; and that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts due to this project; and further granted Reclassification No. 82-83-1, subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim, land for a 32-foot radius modified cul-de-sac. 2. That (a) all engineering requirements of the City of Anaheim, along Hayward Street including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the form of a bond, certificate of deposit, letter of credit or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City prior to approval of improvement plans. The above-required improvements shall be installed prior to occupancy. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 5. That subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8. That a modified cul-de-sac shall be provided at the terminus of Hayward Street subject to the approval of the City Engineer. 9. That the original documents of any proposed covenants, conditions, and restrictions, and a letter addressed to developer's title company authorizing recordation, shall be submitted to the City Attorney's Office and approved by the City Attorney's office and Engineering Division prior to the final tract map approval. Said documents as approved shall be filed and recorded in the Office of the Orange County Recorder. 819 City Hall, Anaheim, California - COUNCIL MINUTES - September 14~ 1982~ 10:00 A.M. 10. That completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 2354. 11. That prior to the issuance of building permits, the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amount as determined by the City Council, for each new dwelling unit. 12. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along Hayward Street. 13. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Hayward Street. 14. That a 6-foot masonry wall shall be constructed along the east and west property line(s). 15. That the developer shall enter into an agreement with the City of Anaheim pursuant to Government Code 65915 which agreement shall be recorded concurrently with or prior to the approval by the Final Tract Map for subject property which shall provide that 30% of the units shall be sold as low or moderate income housing as defined in Government Code 65915 and with appropriate resale controls as approved by the City of Anaheim. 16. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542, Sound Attenuation in Residential Projects. 17. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4, provided, however, that prior to issuance of a building permit, revised plans shall be submitted to and approved by the Planning Commission including four (4) on-site recreational vehicle parking spaces. 18. That prior to the introduction of an ordinance rezoning subject property, Condition No(s). 1, 2, 12 and 13, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 19. That Condition Nos. 3, 5, 6, 8, 14 and 17, above-mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC82-142, granted Conditional Use Permit No. 2354, subject to the following conditions: 820 City Hall, Anaheim, California - COUNCIL MINUTES - September. ~4., .19.8.2., 10:00 A.M. 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 82-83-1, now pending. 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 through 4, provided, however, that revised plans shall be submitted to and approved by the Planning Department and shall include four (4) on-site recreational vehicle parking spaces. 3. That Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. 4. That the developer shall enter into an agreement with the City of Anaheim pursuant to Government Code 65915 which agreement shall be recorded concurrently with or prior to the approval of the Final Tract Map for subject property which shall provide that 30 percent of the units shall be sold as low or moderate income housing as defined in Government Code 65915 and with appropriate resale controls as approved by the City of Anaheim. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of August 17, 1982, and public hearing scheduled this date. The Mayor asked if the applicant or applicant's agent was present. Mr. Jim Barisic, developer, agent for the applicant, 18002 Sky Park Circle, Irvine, explained that working with the Anaheim Housing Authority and the Planning Commission, they agreed to a 100 percent affordable project. They were willing to do that and still maintain some level of profitability. He understood the greatest concern was relative to density, although he did not know how to respond to that. He was present to answer any questions. Councilwoman Kaywood expressed her concern that the project had a 41 percent density bonus and even though he was willing to go 100 percent affordable, that was strictly to the original and first buyer. Once the first buyer sold the unit, all that they could have under Federal law was 30 percent affordable that could be controlled. On the balance of 70 percent, those people could sell the following week, rent it out, do whatever they wished, and to her that was counterproductive to what they were talking about. There would be no more affordable, just higher density for the City. Further, they were talking about a ~1,000 a month mortgage payment which to her was not affordable and so far out that it did not make any sense. Extensive discussion followed between Councilwoman Kaywood and Mr. Barisic relative to specifics of the project, as well as the financial ramifications, during which they discussed certain aspects of Cinnamon Hollow (Citron Street) and the Wind River Project (just north of the subject proposed project), Mr. Barisic's first and second affordable projects in Anaheim. At the conclusion of discussion, Councilwoman Kaywood reiterated that she did not see that the City was providing affordable housing without appropriate resale controls, and there was no benefit to the City in having additional density. 821 Clt~ Hall~ Anaheim~ California - COUNCIL MINUTES - September. 14~ 1952~ 10:00 A.M. Councilman Pickler noted that Council Policy No. 543 permitted the granting of a 25 percent density bonus and 41 percent was being requested. The Code requirement was for 24 units and the developer was proposing 35. A 25 percent density bonus would yield approximately 30 units. He asked Mr. Barisic if he could live with that. Mr. Barisic stated that every unit loss would cost him over $30,000. It was purely an economic issue. Councilman Pickler expressed his concern that there was a great deal of vacant land in the area, and if they kept going piecemeal, increasing the density as they did so, the area would be saturated. He also did not feel that the proposed project was affordable. The Mayor asked if anyone wished to speak, either in favor or in opposition; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council finds that subject project will have no significant individual or cumulative adverse environmental impact due to the approval of this Negative declaration since the Anaheim General Plan designates the subject property for 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 Bay voted "no." MOTION CARRIED. Before further action was taken, Councilman Bay stated that with regard to the requested six additional bonuses, in addition to the 41 percent density bonus, if they had to go that far against their zoning ordinances and standards in an attempt to provide "affordable" housing, then he could not agree with the basic concept. If there was no other way to provide dwelling units other than cutting their standards to the point of making something affordable, and then only 30 percent of the units would be controllable beyond the first buyer, then they were missing the object of providing affordable housing. With the subject property in that specific location, it was not economically feasible to provide affordable as it was defined. Mayor Roth stated that the Executive Director of Community Development was looking for land for government to buy in order to provide some affordable housing, and if they did not bend with and nurture such projects in some way possible, they might as well give up. Further discussion followed wherein Councilwoman Kaywood pointed out that a 25 percent density bonus would give Mr. Barisic 30 units; however, he indicated he could not live with that. Mr. Barisic then explained that he could live with anything if he could go back and get the land owner to work with him. However, the owner had been very firm in his negotiations. 822 City Hall, Anaheim, California - COUNCIL MINUTES - Se?tember 14, 1982~ 10:00 A.M. Councilman Bay stated if they were so concerned about providing more housing, particularly in the flat land of the City, there must be other ways to go about doing so. He suggested that they put more effort on the immigration department if they wanted to do something about what was happening to some of the problem areas in housing all over the City, and there might be other things that they had not looked at. The trend was coming from the Planning Commission and staff, people with objectives in mind of providing housing, whether Section 8 or subsidized by the Federal government or some other government. This was a case of subsidizing building dwellings by putting what they were giving away on standards on all the people living around it, and those living in the rest of the City. That was handing a subsidy in the form of waivers of standards from every citizen in the City, without their direct consent. He was concerned with the policies that continued on within their housing over the so-called crying need to furnish housing for the world in the City. He was concerned over some of the things being asked through the Planning Commission, such as a 41 percent density bonus, plus all the other waivers and variances, as those that were going to be the rule. It was not his rule. Councilman Overholt stated that he agreed with both sides of the question. However, the applicant indicated his willingness to attempt to work out a modification that would result in a 30 percent density bonus. He asked how procedurally they could give him that opportunity. Annika Santalahti, Assistant Planning Director--Zoning, stated that they could approve the Reclassification without any specific exhibits, and grant the CUP for 31 units, which would establish a 30 percent density bonus. It would modify the waivers, but not eliminate them. Councilwoman Kaywood offered Resolution No. 82R-459 for adoption, approving Reclassification No. 82-83-1, in accordance with City Planning Commission recommendations. Refer to Resolution Book. RESOLUTION NO. 82R-459: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (82-83-1) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth Bay None The Mayor declared Resolution No. 82R-459 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 82R-460 for adoption, granting Conditional Use Permit No. 2354, but for 30 units only, which represented a 25 percent density bonus. Refer to Resolution Book. 823 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 14~ 1982, 10:00 A.M. RESOLUTION NO. 82R-460: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2354. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth Bay None The Mayor declared Resolution No. 82R-460 duly passed and adopted. Mayor Roth stated he was in support for the reason that 30 units were better than none. MOTION: Councilwoman Kaywood moved to deny the waiver of Council Policy No. 543 relative to density bonuses. Councilman Bay seconded the motion. Before a vote was taken, Mayor Roth asked if the denial on the waiver would affect the project; Miss Santalahti answered that, as approved, it would not affect the project at all. A vote was then taken on the foregoing motion. MOTION CARRIED. PUBLIC HEARING - VARIANCE NO. 3284: Application by Ann Catherine Wong Cohen, to construct an addition to a single-family residence on RM-1200 zoned property located at 942 North Claudine Street, with the following Code waivers: (a) Maximum lot coverage, (b) Minimum side yard setback, (c) Minimum rear yard setback, and (d) Required type of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-148, declared that the subject project be exempt from the requirement to prepare an Environmental Impact Report, pursuant to the provisions of the California Environmental Quality Act, on the basis that there would 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 land uses commensurate with the proposal; that the initial study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impact, and further, granted Variance No. 3284 subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 2. 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. 3. That Condition Nos. 1 and 2, above-mentioned, shall be complied with prior to final building and zoning inspections. 824 City Hall~ Anaheim, California - COUNCIL MINUTES - September 14, 1982~ 10:00 A.M. 4. That the existing and proposed sewer tie-in shall comply with the applicable City Code. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of August 17, 1982, and a public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mr. Eric Lederer, 31841 Via Oso, Trabuco Canyon, described the property, photographs of which were posted on the Chambers wall. The present structure was 544 square feet and the lot was 54.5 X 35.7. He originally planned to fix up the property and resell it, but when he consulted a loan representative, he found that no lenders were willing to lend on that size property. If he could add to the property and make it large enough so that a lender would be willing to finance it, that would eliminate the problem. He and his architect subsequently devised plans for the property, which were also posted, and those plans necessitated the requested variances. Mr. Larry Halonen, 23501 Via Alondra, Trabuco Canyon, then described the technical features of the existing structure which they were proposing to straddle with a second floor of 816 square feet, but yet not add any weight to the first floor. The Mayor asked to hear from those who wished to speak, either in favor or in opposition. Mr. Charles Edwards, 214 East La Palma, stated he had lived in the neighborhood for many years and also owned the property adjacent to the subject house to the north. Three houses were subdivided on the lot now. There was a problem with the existing house in that there was no sewer hookup except to his property, and there were no gas and water line hookups. The property was bought as an investment and not in the interest of the purchaser becoming a homeowner in the area. He was not objecting to the two-story except that his garage was bigger than the existing house. Before the Council took action, he asked that the Building Division inspect the property prior to any additional weight being placed on the roof of the present structure. He was opposed to the requested variance. Mr. Bill Erickson, 301 East North Street, stated although he was not a resident within a 300-foot radius, he was speaking as a concerned citizen. He was concerned with the variances requested and urged the Council to vote "no" on the variance. In summation, Mr. Lederer stated when he found out he was to have a public hearing before the Council, he felt he should go to the area and talk to the immediate residents, which he did the previous evening. He also spoke with Mr. Edwards who made him aware of the sewer problem. He (Lederer) assured him that he was as concerned over that situation. In speaking with the neighbors, 825 City Hall~ Anaheim, California - COUNCIL MINUTES - September 14~ 1982~ 10:00 A.M. he showed them the plans and discussed what he was going to do with them. They understood he was going to be looking down on them from the second floor and would be approximately three feet from their side lot. However, they were more concerned with having something done with the present state of disrepair existing on the property. He then submitted a petition (made a part of the record) signed by three of the neighbors in favor of his request for variance. Both Mr. Lederer and his architect, Mr. Halonen, then answered questions posed by the Council with regard to the plans for the property. Mr. Lederer was interested in providing a three-bedroom, two-bathroom dwelling, since that would be more marketable for a family than a a two-bedroom home. Councilman Bay asked, looking at the total size of the lot, if it were possible to reduce the 816 square-foot second floor and come back with something that would be feasible, but without going quite as large on the second story. The question basically was whether they were going to overbuild the lot. Mr. Halonen explained that the variances required were not caused by the square footage and the size of the second floor. It was a matter of providing sufficient on-site parking, since the existing structure already created side yard and rear yard setbacks. They could reduce the size of the second floor, but it would not alleviate the side yard and rear yard setback problem. There being no further persons who wished to speak, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - DENIAL OF NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickier, the City Council finds that this project would have a significant individual or cumulative adverse environmental impact, and therefore, denied the negative declaration status. MOTION CARRIED. Councilwoman Kaywood stated, as Mr. Edwards pointed out, the subject property was initially one lot divided into three. She did not favor putting a second story on the existing unit, creating a house larger than intended on such a small lot. Councilwoman Kaywood offered Resolution No. 82R-461 for adoption, denyin~ Variance No. 3284, reversing the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 82R-461: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3284. 826 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - September 14, 1982~ 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-461 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2356: Application by Abel and Carol A. Mendez, to retain a used auto sales lot on CG zoned property located at 1039 North Anaheim Boulevard, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-151, 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 environmental impacts due to the approval of the negative declaration, that the Anaheim General Plan designates the subject property for general commercial land uses commensurate with the proposal; that sensitive environmental impacts are involved in the proposal; and that the initial study submitted by the petitioner indicates significant individual or cumulative adverse environmental impacts, and also, denied Conditional Use Permit No. 2356. The decision of the Planning Commission was appealed by the attorney for the applicant, and a public hearing scheduled this date. The Mayor asked if the applicant or applicant's agent was present. Mr. Rudolfo Montejano, Attorney, explained that he was retained by the lessee and owners on August 18, 1982. On May 20, 1982, the owners paid an attorney and his apparent agent the sum of $300 to commence work. Mr. Jess Payan, who claimed he had prior experience in setting up used dealerships, told his clients that he and his attorney would handle all of the paper work necessary in order to get the matter approved. Based on those representations, they commenced business, but unknowingly they did not have a permit to do so. They made approximately $600 in payments to the attorney, Mr. Buckley, and to Mr. Payan. He thereupon submitted copies of the checks (made a part of the record) to show that his clients acted in good faith to get the matter processed properly. Unknown to them, however, was the fact that the matter was proceeding through the City and Planning Commission, but they were not notified of this by their attorney or alleged agent. No one was present when the matter came before the Planning Commission and it was continued until early August. The hearing again came and went with no appearance by the attorney or agent, and no notice was given to the owners. The matter was subsequently denied and it was then than they approached him (Montejano) to represent them. The owner of the business, Mr. Chavez, and the property owner, Mr. Mendez, were present today. He clarified that he represented both the owner of the business and the property owner. 827 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - September 14, 1982~ 10:00 A.M. Mr. Montejano then referred to the staff report to the Planning Commission dated August 9, 1982, and answered the findings of fact under Items (18) (a) through (e). He also referred to the prior Conditional Use Permit where it was found there would be no adverse environmental impact. The problem lay in the fact that the prior owners of the business did not comply with the conditions of the CUP or the ordinances of the City. He further noted that the request included a Code waiver of the minimum number of parking spaces, two instead of five. If necessary, the waiver of three spaces would be eliminated and they would be willing to accept five instead of two. If the City felt that five were required or permitted, that should not be an increase on the traffic burden. Relative to Item (19) (b) on Page 2-d of the staff report, he felt that was answered by the report. Theirs was an irregularly shaped lot and involved only a small area. It was formerly a gas station now used for auto sales. It was in an area that could be termed "used auto sales row," where the City had made exceptions to ordinances and standards on that strip and adopted a general implied policy of allowing used auto sales and auto repair. If CUP 2356 was not allowed, it would be discriminatory, since they had allowed the same for those in surrounding properties. The new owners were willing and able, in good faith, to comply with all conditions imposed by the staff. The test would be in the performance aspect and if they did not comply, they should not be in business. Councilman Bay asked for clarification that they were stipulating to five parking spaces on the property, since there was no on-street parking and, if so, that would reduce the number of cars for sale from 15 to 12. Mr. Montejano answered they would be willing to comply with the Code and have three additional cars on the lot in order to stay in business. Councilman Bay expressed his concern over what the owner had done in the past when they had serious problems with a previous tenant. He wanted to hear from the owner and have him explain what he had attempted to do regarding the problems with his past tenant. The CUP was on the property and not the tenant and that was why he was interested in knowing further what the owner was going to do to see that the property was kept up and the ordinances met. He was not concerned with the new tenants if those tenants could leave and two months later another business utilize the premises. Mr. Montejano then introduced Mr. Hernandez, the business manager for the owner of the business, to translate for the owner of the property, Mr. Mendez. Mr. Fortunado Hernandez, acting as interpreter, then questioned Mr. Mendez relative to Councilman Bay's concern regarding the upkeep of the property and conforming with City ordinances. He (Hernandez) stated that Mr. Mendez answered that he would take charge of all the things that had to be done so 828 City Hall, Anaheim, California - COUNCIL MINUTES - September 14, 1982~ 10:00 A.M. that it would satisfy the C~uncil and everyone involved. He was not aware of the things that were happening until he saw a number of cars on the property when the business was being operated by the previous tenants. He understood fully, now, that it was his responsibility from this time on. Councilman Overholt clarified that was the point they were trying to make, and if there were violations, those violations would interfere with Mr. Mendez's use of the property; Mr. Hernandez stated that was understood. There being no further persons who wished to speak, the Mayor closed the public hearing. Mr. Montejano confirmed that they would stipulate to the conditions as drafted by the staff, and as modified by the Council. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Overholt, 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 general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Pickler offered Resolution No. 82R-462 for adoption, granting Conditional Use Permit No. 2356, reversing the findings of the City Planning Commission, but subject to all Interdepartmental Committee recommendations as follows, which recommendations incorporated the stipulations by the applicant and additional stipulations by the Council: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 2. That there shall be no more than 12 for-sale cars on the premises at any one time. 3. That all mechanical and related work shall be conducted wholly inside the existing building and shall be limited to the for-sale cars only. 4. That subject property shall be developed substantially in accordance with ~lan~ and ~p~eifieation~ on fil~ with th~ City of Anaheim marked Exhibit N0~. 1 and 2; provided, however, that there shall be a minimum of 5 on-site customer/employee parking spaces. 829 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 14~ 1982~ 10:00 A.M. 5. That Condition Nos. 1 and 4, above-mentioned, shall be completed within a period of thirty (30) days of approval by the Planning Commission. 6. Review in six months. Refer to Resolution Book. RESOLUTION NO. 82R-462: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2356. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-462 duly passed and adopted. RECESS - CLOSED SESSION: By general consent, the Council recessed to Closed Session. (3:45 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (5:47 p.m.) 123: TRANS PACIFIC ADMINISTRATORS~ INC..~ - WORKER'S COM]~ENSATION PROGRAM: On motion by Councilman Pickler, seconded by Councilman Overholt, an agreement was authorized with Trans Pacific Administrators, Inc., to provide supervision and administration of Worker's Compensation Program, effective September 14, 1982, and waiving Council Policy No. 401. MOTION CARRIED. RECESS: Councilman Roth moved to recess to 7:00 p.m. at the Brookhurst Community Center, 2271 West Crescent Avenue, for the purpose of a public hearing on the Mobilehome Park Overlay (MHP) Zone. Councilman Pickler seconded the motion. MOTION CARRIED. (5:50 p.m.) AFTER RECESS: The Mayor called the meeting to order at the Brookhurst Community Center, all Council Members being present. (7:22 p.m.) PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Pickler, 0verh01t, Bay and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts PLANNING DIRECTOR: Ronald Thompson ASSISTANT CITY ATTORNEY: Jack L. White ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti 179: PUBLIC HEARING - MOBILEHOME PARK OVERLAY (MHP) ZONE: To consider a proposed ordinance adding a new Chapter to Title 18 of the Anaheim Municipal Code relating to Zoning, to add a Mobilehome Park Overlay (MHP) Zone. 830 Brookhurst Community Center - COUNCIL MINUTES - September 14~ 1982~ 7:00 P.M. The City Planning Commission, at a special meeting held August 9, 1982, recommended to the City Council that the draft ordinance pertaining to the Mobilehome Park Overlay Zone (MHP) be adopted, subject to certain recommended changes on Pages 5, 9 and 10, as well as Section .0403, as stated in a letter dated August 20, 1982, to the City Council from the Planning Commission, which was an excerpt from that special meeting. Mayor Roth first welcomed those in attendance (approximately 200 people) and asked that staff brief the audience on the recommended proposed ordinance which was the culmination of many months of meetings of a special task force, the Mobilehome Park Task Force, formed by the City Council at a joint work session with the Planning Commission on March 9, 1982 (see staff report to the Planning Commission dated August 9, 1982, and also see Council minutes of March 9, 1982). Annika Santalahti, Assistant Planning Director--Zoning, reading from a prepared statement, explained that the proposed ordinance contained two basic parts--Part One creating a Mobilehome Park Overlay Zone for the City, and Part Two establishing minimum relocation benefits which must be paid to any displaced owner of a mobilehome by a developer prior to conversion of any mobilehome park to another use. The statement explained in summary form the ramifications of the overlay zone as well as relocation assistance. The Mayor then asked to hear from those who wished to speak to the proposed ordinance. The following people then spoke either to the ordinance, posed questions, offered suggestions thereto, or questioned the effect or lack of it the ordinance would have in their individual case. Questions were answered by Assistant City Attorney Jack White, who also clarified certain aspects of the proposed ordinance when requested by the Mayor in response to questions by mobilehome owners: Mr. Carl Shorey, 300 West Katella, Riviera Mobilehome Park, referred to his letter dated August 11, 1982, also signed by Dale Smith, which was answered by the Mayor on August 26, 1982. Two subjects in the letter not clarified were the issues of the mobilehome owner who worked or had a business within the 125-mile radius and who could not relocate 40 or 50 miles away because of that fact. There should be some consideration given on the part of businessmen or working people, so that they could stay within some reasonable distance. The second issue was relative to who would pay for costs now being required by some parks, asking for two months rent in advance, and also a security ~epos~t, suck costs amounting to approximately ~gO0, as well as a~t~onal costs for moving furniture or putting it tn storage. Assistant City Attorney Jack White clarified that the 125-mile figure was one used only for the purpose of the owner of the mobilehome park preparing and analyzing other mobilehome parks in making his report on the relocation impact. It did not mean any tenant would be required to locate within 125 831 Brookhurst Community Center - COUNCIL MINUTES - September 14~ 1982~.. 7:00 p.M. miles or without. The tenant had the right to relocate anywhere and benefits were not dependent or coutingent upon how far away the actual relocation was made, but based upon what it would cost to move the mobilehome to an average comparable mobilehome park as determined by a survey of parks within 125 miles. Relative to the latter costs, the only benefits under the proposed ordinance which would be paid, or the three benefits previously mentioned by Miss Santalahti--estimated cost of disassembly and reassembly of the mobilehome and accessories, estimated cost for transportation of the mobilehome to an average comparable mobilehome park within a 125-mile radius, and any estimated additional costs necessary to meet the improvement requirements of an average comparable mobilehome park within a 125-mile radius. The proposed ordinance did not provide for any payment of the cost of security deposits, first and last months' rent, or furniture moving or storage. Mr. Dale Smith, 501 East Orangethorpe, Rancho LaPaz Mobilehome Park, stated with regard to the ordinance, he was satisfied, but not contented. He felt they were moving in the right direction, but it was not the answer to all the problems. He hoped that the Council would support the ordinance and, before concluding, he commended the Planning staff. Mr. John LaViolette, 5815 East La Palma, Space 16, President of Friendly Village of Anaheim Residents Association, posed questions, first relative to the sequence of events in the case of a mobilehome park conversion, and then relative to specific sections of the proposed ordinance, which were answered by Mr. White. Mr. LaViolette also offered several suggested changes of wording, some deletions and additions in the proposed ordinance with regard to reasonable duplication fees for copies of the impact report, that relocation benefits should be changed to relocation compensation, that estimated costs be changed to actual costs so that there would be no question in the future, and that the actual costs of transportation should include the extras of moving and storing. Relative to Page 5, Section .050, they believed the title of that paragraph should be changed to Comparable or Acceptable Relocation Unavailable, referring to the employed person in Anaheim as previously discussed. They suggested that paragraph read, "In the event relocation of the mobilehome is not acceptable to the mobilehome owner, the fair market value or equivalent living accommodations will be acceptable at the discretion of the mobilehome owner. Fair market value will be established by a licensed assessor as of the date immediately prior to the announcement of the conversion plans plus appreciation to the date of the move." If some provisions as just discussed could not be made, they took violent exception to the 125-mile radius. Assuming adequate compensation could be made if a person could not be relocated, then they would not take exception to the 125-mile radius. He then asked how Section .0403 read at present, since it was amended by the Planning Commission. Miss Santalahti explained that the words, "an amount equal to 80 percent..." was totally deleted. In other words, it was to be an amount equal to 100 percent and not 80 percent of the estimated cost. Also deleted was the sixth line where the parentheses began. All of that was deleted until five lines further. It was also changed on Page 9 as well. However, the remainder of the ordinance was exactly as submitted to the Planning Commission. 832 Brookhurst Community Center - COUNCIL MINUTES - September 14, 1982~ 7:00 P.M. Mrs. Laverne Merrill, 1224 South Beach Boulevard, Trails End, posed questions relative to the accommodation of wheelchairs and ramping; Mrs. Ward, Riviera Mobilehome Park, was concerned that the ordinance did not concern travel trailers that were located in mobilehome parks; Kathy Wright, 5815 East La Palma, suggested that a board be established to determine a person's need if they were not relocatable and to establish a fair market price for their coach with that amount to be paid to them; Nella Shorey, Riviera Mobilehome Park, maintained that the mobilehome park owner should be responsible for 100 percent of the residents, since they were not told when they rented that theirs was a temporary use; Mary Dove, Riviera Mobilehome Park, explained that she and others had mobilehomes that were over 20 years old, but in good condition. They were decent to live in, they were kept up and were honorable in the community. She, therefore, questioned why they were not movable; Karen Lytle, 1009 South Harbor Boulevard, Orangegrove Mobile Village, was concerned over deterioration of her park caused by the owners not maintaining it; Judy Graham expressed her concern over the procedures used in arriving at compensation amounts. She did not believe it was clear whether they were average amounts or whether they were specifically geared to each mobilehome park; John Lovicki, Orangegrove Mobilehome Park, asked, relative to the 12-month eviction notice, and where the land was vacant for two years, were the tenants entitled to relocation benefits. Mr. Charles Farano, Attorney, 2555 East Chapman, Fullerton, representing a mobilehome park owner in Anaheim, requested a remand on the ordinance. He explained that a number of tenants developed into what they call the bad tenants--violating rules and refusing to pay rent, when it came to payment of relocation benefits, they became the most vociferous. He, therefore, requested that the Council consider remanding the statute and adding a provision stating that the park owner under no circumstances be required to pay relocation benefits of any type where the tenant was in arrears on his rent, or where the owner had some kind of judgment against the tenant. Other than that, he was speaking in favor of the rights of the property owner. He, too, was satisfied but not content in that he fully believed that the land owner was being saddled with a problem not entirely his fault. He believed the ordinance would be cutting into the property rights of the land owner and asked that the Council consider that in their final deliberations and to think about the precedent they were about to set. Brent Swanson, Attorney, representing Mobilehome Park Owners, 203 North Golden Circle Drive, Santa Aha, first asked that the 80 percent payment relocation provision (Section .0403) that was changed by the Planning Commiss~on be restored to its original form. It was a provision that the Task Force agreed upon and it was unanimous, as was true of all the other provisions. If there was a change to be made, he suggested that it be made in the 10 percent figure, rather than the 80 percent, which was in the original Task Force draft. Mr. Swanson then spoke to some of the concerns expressed by the residents, particularly pointing out that in the case of Mrs. Wright, if she decided not to move, she could retain her coach and sell it to someone else or relocate it. She could retain the coach even though relocation benefits were paid to her and that was true of all residents. 833 Brookhurst Community Center - COUNCIL MINUTES - September 14~ 1982~ 7:00 P.M. Mr. John Daly, Task Force Member, in answer to Councilwoman Kaywood, stated that the 10 percent figure (Section .0403) was a consensus of the full Task Force; however, he did not agree with it entirely himself. After discussing the issue for approximately four hours at one meeting, he finally accepted the 10 percent. Mr. Dale Smith maintained that they would create an administrative "can of worms" by going the percentage route. If they were going to use a percentage formula, it would result in more problems, and he urged them not to do so. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilwoman Kaywood asked Mr. White the feeling behind the Planning Commission changing the 80 percent to 100 percent when the matter was discussed at the end of the Planning Commission hearing. Mr. White explained that the discussion took place after the public hearing was closed. Some of the reasons given for changing the figure from 80 percent to 100 percent were that it would be difficult, if not impossible in their opinion, to undertake the task which they and the City Council would have of determining which 10 percent of the residents would get 100 percent of the benefits. Rather than do that, they were more inclined to have everybody receive 100 percent rather than to determine which 10 percent would get all, and which 90 percent would only get 80 percent. Councilman Bay noted that in an earlier discussion between Councilman Overholt, Mr. Swanson and Mr. White, the use and definition of the words "mean" and "median" were clarified. As a result of that discussion, he recommended that Page Two of the ordinance, Section .010, first sentence, that "median" should be changed to "mean"; Mr. White agreed with that. Councilman Bay then referred to the sections wherein it was imdicated that reasonable duplication fees would be charged for copies of the Conversion Impact Report. He wanted to know if there was any estimation of the size of such a report. Miss Santalahti stated she had the impression it would be somewhere between 10 to 20 pages. The concern was that some parks contained up to three hundred residents, and if copies of the report had to be provided to each, it would become expensive. However, a copy would always be available to be reviewed. The intent was that if the residents wished to do so, they could purchase a copy, but otherwise they would always be able to review a copy. There was no intent that a free copy be given to all residents. Councilman Overholt suggested that the wording, wherever it appeared in the ordinance, be modified to say, "such mobilehome owners shall be notified as to the availability of said report, for examination,..." something along that line, so as not to preclude the owners from studying the report; staff agreed to the recommendation. 834 Brookhurst Community Center - COUNCIL MINUTES - September 14~ 1982~ 7:00 P.M. Councilman Pickler, referring to the percentage issue once again, stated he would like to revert back to the 80 percent formula originally decided upon, since the Task Force spent a great deal of time in arriving at the conclusion that it represented the tenants' and owners' consensus, but then changed at the last minute by the Planning Commission. Councilman Overholt disagreed and stated he would be opposed to changing the recommendation of the Planning Commission. As pointed out by Mr. Smith, if they put themselves in a position in which they were granting greater compensation to a select group, they would be in a position of having to make evaluations. It seemed to him that the Planning Commission was well advised not to get into that game. Councilwoman Kaywood referred to Page Six, Section .070, second line from the bottom of that paragraph, which stated, "said notice may include at the owner's option..." She asked if that should be the park owner's option or the mobilehome owner's. Mr. White answered that the intent of that was Section 1162 of the Code of Civil Procedure; allowed notice to be given either by personal delivery or by leaving a copy at the place of residence, and then placing a copy in the mail. It would be at the option of the park owner, since he was the one giving the notice. Councilwoman Kaywood suggested that it would help to clarify which owner by inserting the word "park", and also to be repeated on Page Eleven; Mr. White agreed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilman Overholt, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact and, therefore, approves a negative declaration for the adoption of Ordinance No. 4364 pursuant to the provisions of the California Environmental Quality Act. MOTION CARRIED. Councilman Roth offered Ordinance No. 4364 for first reading, with the minor changes as articulated, but retaining the amendment made by the Planning Commission on Page Five, Section .0403, deleting, "An amount equal to 80 percent of..." ORDINANCE NO. 4364: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 18.92 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING SECTIONS 18.01.140 AND 18.01.190 OF CHAPTER 18.01 AND SECTION 18.02.051 OF CHAPTER 18.02 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. The Mayor then asked staff to explain the procedure that they would follow after the effective date of the ordinance, which would be thirty days after its final reading in one week. 835 Brookhurst Community Center - COUNCIL MINUTES - September 14~ 1982~ 7:00 P.M. Miss Santalahti stated that they would probably discuss with the Task Force which parks should be considered for rezoning. There were 32 mobiiehome parks and it would be a difficult task for staff to prepare the necessary advertisements for all. A petition file would be prepared for each mobilehome park in the City, and they would probably process more than one at a time. They would prepare a mailing list for all of the property owners within 300 feet, and also a list for all the tenants in the park. Public notices would go out ten days prior to the public hearing to all of those people, plus the park owners, and the hearing would be conducted in the normal manner. The Planning Commission could take final action on the rezoning to include the overlay zone, unless somebody either appealed their action or the City Council decided to take action on it. If the items were approved, it would go to the City Council 22 days later on the Consent Calendar and, if no appeal, Council would probably introduce the ordinance on the 22nd day and seven days later, they would adopt it, and thirty days later it would become effective. Mayor Roth then thanked the audience for their attendance. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Overholt seconded the motion. MOTION CARRIED. (9:58 p.m.) LINDA D. ROBERTS, CITY CLERK 836