Loading...
1982/09/21City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts HUMAN RESOURCES DIRECTOR: Garry O. McRae FACILITY MAINTENANCE SUPERINTENDENT: John L. Roche CONVENTION CENTER/STADIUM/GOLF GENERAL MANAGER: Thomas Liegler PROGRAM DEVELOPMENT & AUDIT GENERAL MANAGER: Ronald Rothschild ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT: Norman J. Priest Mayor Roth called the meeting to 6rder and welcomed those in attendance to the Council meeting. INVOCATION: The Reverend Tom Favreau, Hotline Help Center at Melodyland, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: "National American Businesswomen's Association Day in Anaheim" September 22, 1982. "United Way Month" October 1982. "National Chess Week" September 27 - October 3, 1982. Ms. Flo VanHorn was present to accept the National American Businesswomen's Association Day proclamation. MINUTES: Approval of the minutes was deferred to the next regular meeting WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for %he reading of ~ueh ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,867,647.36, in accordance with the 1982-83 Budget, were approved. 837 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 82R-463 through 82R-467, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: A. Claims denied and referred to Risk Management: 1. Claim submitted by Michael Edwards for personal property damages purportedly sustained due to golf ball striking windshield of claimant's parked truck at the Dad Miller Golf Course, on or about August 3, 1982. 2. Claim submitted by Marsha Nelson for personal injuries purportedly sustained due to a trip and fall accident on the sidewalk in front of 300 Harbor, on or about June 10, 1982. 3. Claim submitted by Ronald E. Mullen for personal and property damages purportedly sustained due to golf balls from the 8th hole at the Dad Miller Golf Course, on or about July 30, 1982. B. Claim denied and referred to Governmental Programs Division, Markel Service, Inc.: 4. Claim submitted by James Baker for false arrest, false imprisonment and assault and battery purportedly sustained as a result of actions of an Anaheim Police Officer, on or about July 14, 1982. C. Claims allowed payment: 5. Claim submitted by Kimberly D. Rink for personal property damages to claimant's parked and unoccupied vehicle by a City employee driving a City vehicle at 5767 Santa Aha Canyon Road, on or about August 5, 1982. ($353) 6. Claim submitted by Eugene C. Swonger, Jr., for personal property damages to claimant's parked vehicle by a City employee driving a City vehicle in the parking 10t at 901 East Vermont, on or about August 3, 1982. ($892.70) 2. The following correspondence was ordered received and filed: a. 105: Community Services Board--Minutes of July 22, 1982. b. 105: Golf Course Advisory Commission--Minutes of August 19, 1982. 838 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. c. 105: Project Area Committee--Minutes of August 10 and 24, 1982. d. 105: Public Utilities Board--Minutes of J~ly 22, 1982. e. 105: Senior Citizen Commission--Minutes of August 12, 1982. f. 105: Youth Commission--Minutes of September 8, 1982. g. 105: Community Redevelopment Commission--Minutes of July 28 and August 25, 1982. h. 156: Police Department--Monthly Report for August 1982. i. 175: Before the Public Utilities Commission, Application No. 82-09-10, Southern California Gas Company to increase rates by $5,449,000 per year, for the Demonstration Solar Financing Program and estimated undercotlection in the Conservation Cost Adjustment Balancing Account. j. 175: Before the Public Utilities Commission, Application No. 82-09-11, Southern California Gas Company to increase rates by $4,758,000 per year, for the Residential Con- servation Program and estimated undercollection in the Conservation Cost Adjustment Balancing Account. k. 175: Before the Public Utilities Commission, Application No. 82-09-12, Southern California Gas Company and Pacific Lighting Gas Supply Company to increase rates by $733,724,000 per year to offset cost impact of increases in cost of purchased gas and to recover undercollections in the Consolidated Adjustment Mechanism Balancing Account. 3. 160: Authorizing the Purchasing Agent to issue a purchase order to Mills Ford in the amount of $45,866.95, for three van pool type vehicles in accordance with Bid No. 3898. 4. 150/106: Accepting a donation from the Disneyland Hotel in the amount of $300, to assist in sponsoring the 1983 Volunteer Recognition Banquet, and appropriating the funds into Program No. 277, Co-Recreation, Teens, and Volunteers. 5. 150/106: Accepting a donation from the Canyon Hills Junior Women's Club in the amount of $1,000, to further improve Heritage Trail at the Oak Canyon Nature Center, and appropriating the funds into Account No. 16-810-7103. 6. 123/130: Authorizing a termination agreement with Storer Cable TV, Inc., terminating the June 9, 1981 agreement providing for the lease of a portion of Olive Hills Park as a microwave receiving site. 839 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. 7. 123/106: Authorizing an agreement with the Anaheim Union High School District in an amount not to exceed $65,000, with the City's share not to exceed $32,500, for construction of a restroom building at Sycamore Junior High School and authorizing Parks, Recreation and Community Services to expend $32,500 from Program No. 16-804 to cover the City's share. 8. 160: Accepting the low bid of General Electric Company in the amount of $28,010.50, for one 69KV, 1200 ampere, 350KV BIL circuit breaker for the Yorba Substation in accordance with Bid No. 3889. 9. 160: Accepting the low bid of Westinghouse Electric Corporation in the amount of $12,455, for one 15.5KV, 600 ampere vacuum circuit breaker for the Katella Substation in accordance with Bid No. 3891. 10. 160: Accepting the low bid of McFarland Cascade in the amount of $60,508.81, for twenty each 85-foot, class 2; fourteen each 90-foot, class 2; two each 95-foot, class 2; and three each 95-foot, class 1, Western Red Cedar Poles in accordance with Bid No. 3895. 11. 160: Accepting the bids of General Electric Company in the amount of $13,458.82 for one each 1000KVA, three-phase padmount transformer; RTE Corporation in the amount of $29,154.24, for six each, 225KVA, 480y/277-volt, three-phase padmount transformers; and McGraw-Edison in the amount of $27,163.56, for six each, 225KVA, 208y/120-volt, three-phase padmount transformers, in accordance with Bid No. 3893. 12. 123: Authorizing an agreement with the National Center for Municipal Development, Inc., in the amount of $5,000 for basic membership services and for individual City services upon request, $60 per hour, with a nonrefundable fee to be paid in advance; term ending June 30, 1983. 13. 114: Revising Council Policy Nos. 202 and 204, relating to En- croachment Permits, Vacations or Abandonments, to provide for fees to be established by resolution as follows: COUNCIL POLICY NO. 202 - ENCROACHMENT PERMITS: "It is the policy of the City Council that requests for encroachment permits not involving the erection of any permanent building or structure shall be handled as an administrative procedure, not requiring Council action. No encroachment permits shall be granted, however, except upon the execution of an agreement by the permittee indemnifying and holding the City harmless from any potential liability relating to the exercise of said permit. It is the policy of the City Council that no encroachment permit shall be issued for the erection of any permanent building or structure. The City Council may, at its discretion, however, abandon any portion of an existing public easement or right of way where it finds that such abandonment will not impair or limit the City's use or access to the easement or right of way for those purposes for which the same was obtained. 840 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. On September 16, 1961, by Resolution No. 7205, the City Council authorized the Mayor and City Clerk to execute all permits to encroach which have been cleared through all departments and agencies involved and that have been approved by the City Manager. It is the policy of the City Council that a license fee be imposed for encroachments and abandonments requested by owners of private properties. Such fees will be established by Resolution of the City Council for the purpose of defraying the cost of processing the request." COUNCIL POLICY NO. 204 - VACATION OR ABANDONMENTS: "March 16, 1961 It is the policy of the City Council that the following steps will be used prior to initiation of proceedings for vacation (to eliminate errors or changes): 1. Submit request to Engineering Division so the following can be done: ao Draw sketch of the request. Check ownerships involved or affected. Prepare legal description, if in order. Submit to City Attorney's Office for action. September 21, 1982 It is the policy of the City Council that a license fee be imposed for encroachments and abandonments requested by owners of private properties. Such fees will be established by Resolution of the City Council for the purpose of defraying the cost of processing the request.". 140: RESOLUTION NO. 82R-463: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: CENTRAL LIBRARY HVAC - REMOVAL OF EXISTING EQUIPMENT AND INSTALLATION OF NEW - IN THE CITY OF ANAHEIM, ACCOUNT NO. 75-252-7121; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened October 21, 1982, 2:00 p.m.) 113: RESOLUTION NO. 82R-464: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD. (former part-time Recreation Division employee personnel files) 841 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. 164: RESOLUTION NO. 82R-465: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT CERTAIN WORK IS OF URGENT NECESSITY AND AUTHORIZING THE CITY ENGINEER TO RECEIVE INFORMAL BIDS FOR CONSTRUCTION OF THE LAKEVIEW-LA PALMA STORM DRAIN OUTLET STRUCTURE. 174: RESOLUTION NO. 82R-466: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO CONTINUE A MINORITY BUSINESS PROGRAM FOR ALL PROJECTS IN THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION FUNDING AND ESTABLISHING AN OVERALL MINORITY BUSINESS GOAL OF 3.9% FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983. 158: RESOLUTION NO. 82R-467: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Vista Del Rio Rancho Water Company; Johnson Family Trust; Lindborg Dahl #7 Westchester) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 82R-463 through 82R-467, both inclusive, duly passed and adopted. 108: PRIVATE PATROL APPLICATION: After questions were answered by staff for purposes of clarification, Councilwoman Kaywood moved to approve the Private Patrol application submitted by Donald Edwin Hoke, Jr., Nor-Cai Security, to provide private patrol service within the City, in accordance with the recommendation of the Chief of Police. Councilman Overholt seconded the motion. MOTION CARRIED. 108: ENTERTAINMENT PERMIT APPLICATION - GOODIES GO-GO: Councilwoman Kaywood noted that last week they turned down a similar application on the basis that there were 11 bars located in a small section of the City, and in this case, there were 22 Alcoholic Beverage Commission (ABC) licensed businesses from the beginning of the 2600 block of West Lincoln Avenue to the end of the 3000 block. MOTION: Councilwoman Kaywood thereupon moved to deny the Entertainment Permit Application submitted by Venustiano Torres, Goodies Go-Go (to be "Cassidy's"), 2810 West Lincoln Avenue, to permit a band on Thursday, Friday and Saturday, from 9:00 p.m. until 1:30 a.m. Councilman Pickler seconded the motion. MOTION CARRIED. 108: DINNER-DANCING PLACE PERMIT: After questions were answered by staff for purposes of clarification, Councilman Bay moved to approve the application for a Dinner Dancing Place Permit submitted by Dennis E. Conway, Razzmatazz, 821 South Beach Boulevard, to permit dancing Wednesday to Sunday, 7:00 p.m. to 2:00 a.m., in accordance with the recommendation of the Chief of Police. Councilman Overholt seconded the motion. MOTION CARRIED. 842 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. 123/144: ORANGE COUNTY MANPOWER COMMISSION, JOINT EXERCISE OF POWERS AGREEMENT: Authorizing an amendment to the Joint Exercise of Powers Agreement between the Cities of Anaheim, Santa Ana and Garden Grove and the County of Orange, revising the structure of the Manpower Advisory Committee and extending the term through September 30, 1983. City Manager William Talley briefed the Council on memorandum dated September 2, 1982, from the Human Resources Director, Garry McRae, recommending that the Council approve the Joint Exercise of Powers Agreement between the Cities of Anaheim, Santa Ana and Garden Grove and the County of Orange, extending the term of the agreement, and revising the structure of the Manpower Advisory Committee. He also briefed certain sections of the proposed agreement especially relative to the composition of the Orange County Manpower Commission. Mrs. Yunt, Secretary-Treasurer of the Orange County Central Labor Council, AFL-CIO, and member of the Private Industry Council, referred to the position paper previously submitted to the Council under letter dated September 17, 1982, from Dan Beals, Chairman, Orange County Private Industry Council (on file in the City Clerk's office) which she briefed and which was also amended to include the following: "The Orange County Private Industry Council specifically requests that the Councii proceed with the approval of the Joint Powers Agreement submitted with the exception of Section 6, Page 9, and extending through Line 10 of Page 12, with the understanding that this section will be reviewed and rewritten prior to December 30, 1982. The signators, the Private Industry Council, the Manpower Advisory Committee and the Orange County Manpower Commission comprised a committee to review and rewrite Section 6 and make recommendations to the signators which will be forwarded to the appropriate City Councils and/or Board of Supervisors for their final approval." They believed if the Council approved the Joint Powers Agreement with the recommendation as articulated, it would assure continuation of the effective program now in the County of Orange and in the various cities. City Manager Talley, Chairman of the Audit Committee and the alternate representative to the Orange County Manpower Commission, stated it was staff's strong recommendation that Council approve the amendment as submitted. The request made by Mrs. Yunt was basically a thrust for powers of the City to be abrogated to a committee. Each one of the City Managers of Santa Aha, Anaheim, Garden Grove and the County Administrative Officer agreed to recommend to their bodies that the amendment go forward. If they were going to have a joint powers agreement, it should be something that was worked out by the staffs of the creating agencies and recommended to their bodies. He reiterated they felt the Council would be giving up a significant amount of their authority if they agreed to meet for 90 days and come in with something that was acceptable to the very groups that were being disbanded and created into the new committee. 843 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. Extensive dialogue followed during which Mr. Talley emphasized that the essence of the matter was that the elected officials should have the ability to revoke appointments made to the Commission, if appointees did not serve the County properly, and the Council should not surrender that right to anyone else. The new authority, effective October 1, 1982, should have concurring authority and be something controlled by the signators to the Joint Powers Agreement. If they found for some reason they did not meet the legislation as it came down, they would be back with amendments on the composition, but not on the method of appointment. Mrs. Yunt stated she did not believe a delay in approving Section 6 would be detrimental. They had a great deal of concern about the wording in that Section and were asking simply for time for all the entities to get together and work out an acceptable language for that Section. At the conclusion of discussion and questions posed by the Council, Councilman Pickler moved to authorize an amendment to the Joint Exercise of Powers Agreement between the Cities of Anaheim, Santa Aha and Garden Grove and the County of Orange, revising the structure of the Manpower Advisory Committee and extending the term through September 30, 1983, as recommended by staff. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 159: EXTENSION OF BID DATE FOR THE CENTRAL-MECHANICAL MAINTENANCE FACILITY: Councilman Bay offered Resolution No. 82R-468 for adoption, extending the bid date for the Central-Mechanical Maintenance Facility to October 21, 1982, at 2:00 p.m. Refer to Resolution Book. RESOLUTION NO. 82R-468: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 82R-442 TO EXTEND THE BID DATE FOR THE CENTRAL MECHANICAL MAINTENANCE FACILITY, ACCOUNT NO. 72-721-6325. (Bids to be opened October 21, 1982, 2:00 p.m.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-468 duly passed and adopted. 175/105: RECOMMENDATIONS OF APPOINTMENTS TO THE AD HOC COMMITTEE TO STUDY LIFELINE RATES: Councilman Pickler moved that consideration of recommendations for appointments to an ad hoc Committee to study Electric and Water Lifeline Rates, as recommended in memorandum dated September 14, 1982, from the Public Utilities Board, be continued for two weeks. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Pickler explained for the Mayor the reason he was requesting a continuance was to give him an opportunity to peruse the applicants for the ad hoc Committee and perhaps submit recommendations of his own. 844 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. Councilman Bay asked if a time constraint was involved and if a delay would cause a problem; Assistant PubIic Utilities General Manager Ed Alario answered that there was no time constraint and the purpose of the Committee was to discuss the philosophy of lifeline rates, should they be continued, how administered, etc. A vote was then taken on the foregoing motion for a two-week continuance. MOTION CARRIED. 105: RESIGNATION FROM THE COMMUNITY SERVICES BOARD: Councilwoman Kaywood moved to accept, with regret, the resignation of Joan Burda from the Community Services Board as submitted under a letter dated September 20, 1982, and that a letter of thanks be sent to Mrs. Burda for her services. Councilman Overholt seconded the motion. MOTION CARRIED. 115: PLACEMENT OF PODIUM IN THE COUNCIL CHAMBERS: Council Members gave their input relative to the relocation of the podium in the Council Chambers so as to mitigate a hazardous situation for those approaching the podium to speak. (Also see memorandum dated August 19, 1982, from Facility Maintenance, attached to which was a letter from the architect of the Civic Center, Dan L. Rowland and Associates, recommending alternate Scheme "A" or Scheme "B" to eliminate the problem.) Mr. John Roche, Facility Maintenance Superintendent, then answered questions posed by the Council, and elaborated on both Scheme "A" and Scheme "B". He also explained that should the podium be moved back (Scheme "A"), the estimated cost to do so was $1,000. Councilman Bay moved to approve Scheme "A" which involved relocation of the podium, and that the gate leading to the podium be removed. Councilman Roth seconded the motion. Before a vote was taken, Mr. Roche confirmed for Councilman Overholt that relocating the podium would not allow any exit access at that point, which was now available. A vote was then taken on the foregoing motion. Council Members Kaywood and Overholt abstained. MOTION CARRIED. Councilman Overholt expressed his concern and the reason for abstaining was due to the fact that one-third of the exit capability of that portion of the Chambers would be eliminated. He felt they should have the Fire Department's recommendation before making a decision; Councilwoman Kaywood stated that was a concern of hers as well. Mayor Roth clarified that the motion of approval was dependent upon and subject to the Fire Department's approval. 845 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. CONSENT CALENDAR ITEM: On motion by Councilman Pickler, seconded by Councilman Roth, the following item was approved in accordance with the report and recommendation furnished each Council Member and as listed on the Consent Calendar. CONDITIONAL USE PERMIT NO. 2015 - EXTENSION OF TIME: Submitted by Lanikai Management Corporation, requesting an extension of time to Conditional Use Permit No. 2015, to permit a commercial office complex on CR zoned property located at 1211 South Harbor Boulevard, with Code waiver of minimum number of parking spaces. An extension of time was granted to Conditional Use Permit No. 2015, to expire October 16, 1983, as recommended by the Zoning Division. MOTION CARRIED. 101/162: UNITED WAY OF ORANGE COUNTY - REQUEST FOR WAIVER OF STADIUM PARKING FEES: Dennis John Gaschen, Communications Associate, requesting waiver of parking fees for participants in "This Hand is Your Hand" event to be held September 25, 1982, at Anaheim Stadium. Mr. George Phillips, 2724 North Bristol, Santa Aha, Communications Director, stated he was present to ask the Council to take exceptional action, not only because the subject event itself was exceptional, but also because they felt that United Way as an organization was exceptional. He requested that they waive the parking fees for the participants of the event, so that those people could freely participate in the program and demonstrate their enthusiasm. Mayor Roth explained that the staff recommendation in memorandum dated September 14, 1982, from the Stadium/Convention Center/Golf General Manager, Tom Liegler, was to deny the request, the major problem being its precedent-setting ramifications. Mr. Phillips stated that the kind of event taking place was an unprecedented one and if they had the courage to take an action to violate their own precedent, he felt this was the time to do so. Councilman Pickler favored granting the requested waiver of fees as he had in the past when a similar request was received from the Boy Scouts. He maintained that they should give organizations like the Boy Scouts and United Way an opportunity to utilize the Convention Center and Stadium lots without having to pay the parking fee, especially if those lots were not being used for functions taking place at those facilities. He felt requests should be considered on their individual circumstances. He also felt they had to take a second look at the matter. At the request of Councilwoman Kaywood, Tom Liegler, Stadium/Convention Center/Golf General Manager, explained the policy that they had adhered to since the opening of Anaheim Stadium in 1966 relative to requests for a waiver of parking fees, after which he answered questions posed by Councilman Pickler. 846 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. Council Members Bay, Overholt and Kaywood expressed their opposition to granting the request for waiver of the parking fee on the basis of the dangerous precedent it would set, since many such requests were received on an ongoing basis. Councilman Overholt also suggested that if they were going to change a policy of long standing, they should do it only after studying the total impact. Mayor Roth was in favor of the request for the waiver of parking fees, and stated that his position had not changed in that they had to look at such requests on their own merits. Councilman Pickler moved to approve the request for a waiver of Stadium parking fees for participants in the "This Hand is Your Hand" event to be held September 25, 1982, at Anaheim Stadium. The motion failed to carry by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler and Roth Kaywood, Overholt and Bay None MOTION: Councilman Overholt moved to deny the request for waiver of Stadium parking fees for the subject event to be held September 25, 1982, at Anaheim Stadium, in accordance with the staff recommendation dated September 14, 1982. Councilman Bay seconded the motion. Councilmen Pickler and Roth voted "no." MOTION CARRIED. 108(TOT): ANAHEIM MARRIOTT HOTEL - REQUEST FOR ABATEMENT OF PENALTIES: Marriott Corporation, Taxes Division, for abatement of the penalty assessed on the late filing of the Transient Occupancy Tax due on the Anaheim Marriott Hotel. Submitted was a report from the Business License Division recommending denial of the request for abatement. Mr. Joel Rothman, General Manager, Marriott Corporation, 700 West Convention Way, explained that extenuating circumstances were involved and there was no dollar discrepancy, but only a matter of timing on payments of taxes collected. (See letter dated August 31, 1982, from Robert B. Morris, Vice President--Taxes, Marriott Corporation, International Headquarters, which explained the situation in detail--on file in the City Clerk's office.) The Marriott Corporation utilized a 13-month period accounting system, rather than the typical 12-month calendar year. Mr. Scott Ringer, Controller, Marriott Corporation, then submitted to the Council a payment schedule to support their contention that they did not intend to avoid any payment (on file in the City Clerk's office). Councilman Bay stated he understood the issue was not to try to get the City to change their accounting system to accommodate that of the Marriott's, but instead, Marriott was going to be changing their procedures to meet the City's requirements. The issue was to relieve the penalty assessed and he questioned the City Attorney as to how they could do so. 847 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. City Attorney William Hopkins answered that the ordinance did not provide a method of waiving the penalty. Without amending the ordinance, there was no way Marriott could be relieved of that penalty. His recommendation was against the waiver. In the past, the Council did make a finding that the tax was not delinquent, but that was with regard to when the payment was mailed. Questions were then posed to Mr. Rothman and Mr. Ringer by Councilman Overholt, during which discussion took place regarding whether or not notification was made to the Anaheim Marriott, as opposed to their corporate headquarters, indicating that, in fact, there was a problem and penalties were mounting. It was determined that Mr. Rothman (local Marriott) had not been advised. At the conclusion of discussion, Councilman Overholt expressed his opinion that it would have been prudent to contact Mr. Rothman, as well to advise him of the situation that his company was building up a penalty. He felt that since that was not done, there was a threat of litigation with the possibility that Marriott would be successful, and in order to avoid litigation, he would like to find a way to give relief in the matter. City Attorney Hopkins stated if the Council wished, they could find that because of the accounting method applied by Marriott, they were not late in their payments within the meaning of the penalty clause. Although that could be done, he would not recommend it. MOTION: Councilman Roth moved that the Council find that because of the accounting method applied by the Marriott, they were not late in their payments within the meaning of the penalty clause. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Bay spoke against the motion, since if they made such an exception on the basis as stated, they would subsequently be subjecting themselves to the possibility of numerous lawsuits from other hotels and motels in the City who had paid late payment penalties, while at the same time setting a precedent wiping out those penalties in the future. He was not against finding some way to mitigate the situation, but he felt the way they were about to do it would be disastrous. Further, he did not think that potential litigation or legal opinions should be discussed in open meetings. It was a subject for Closed Session between the Council and the City Attorney. MOTION: Councilman Bay moved that consideration of the request by the Marriott Corporation for abatement of the penalty assessment on the late filing of the Transient Occupancy Tax due on the Anaheim Marriott Hotel be continued for two weeks for further investigation and discussion. Councilman Overholt seconded the motion. Mr. Rothman stated, from their standpoint, a three-week continuance would be more convenient. 8z~8 City Hall, Anaheim, California - COUNCIL MINUTES - September 21~ 1982, 10:00 A.M. Councilman Bay amended his motion of continuance for three weeks, which was also agreeable with Councilman Overholt. MOTION CARRIED. VARIANCE NO. 3041 - EXTENSION OF TIME: Councilwoman Kaywood noted that such requests for extensions of time were made routinely and she was interested in knowing her original vote. She did not want to vote contrary to her original vote on the extensions of time. City Clerk Linda Roberts reported that the original vote was all ayes, but two members of the present Council were not Council Members at that time. MOTION: Councilman Roth moved to approve the requested extension of time submitted by Dr. Andrew W. Klein, to Variance No. 3041, to construct an accessory living quarter, garage and fence on property located at 191 Starlight Drive, with Code waivers of maximum fence height and minimum structural setback, to expire September 19, 1983, as recommended by the Zoning Division. Councilman Pickler seconded the motion. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the following actions were authorized in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda; Councilwoman Kaywood offered Resolution Nos. 82R-469 and 82R-470 for adoption. Refer to Resolution Book. 179: RESOLUTION NO. 82R-469: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CONDITION NO. 15 OF RESOLUTION NO. 81R-356, NUNC PRO TUNC, APPROVING A ZONE CHANGE IN RECLASSIFICATION PROCEEDINGS NO. 80-81-14. (Westwinds Mobilehome Park, clarification of relocation assistance requirements) 179: RESOLUTION NO. 82R-470: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CONDITION NO. 4 OF RESOLUTION NO. 82R-357, NUNC PRO TUNC, GRANTING, IN PART, CONDITIONAL USE PERMIT NO. 2121. (Westwinds Mobilehome Park) 134: GENERAL PLAN AMENDMENT NO. 155: Setting October 12, 1982, 1:30 p.m. as the date and time for a public hearing to consider an amendment to Condition No. 2 of Resolution No. 80R-252, relating to General Plan Amendment No. 155. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 82R-469 and 82R-470 duly passed and adopted. 142/179: ORDINANCE NO. 4364: Mayor Roth first asked if anyone wished to speak to the proposed ordinance, adding a Mobilehome Park Overlay Zone; no one wished to speak. 849 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. Councilwoman Kaywood offered Ordinance No. 4364 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4364: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 18.92 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING SECTIONS 18.01.140 AND 18.01.190 OF CHAPTER 18.01 AND SECTION 18.02.051 OF CHAPTER 18.02 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Mobilehome Park Overlay (MHP) Zone) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4364 duly passed and adopted. 114: LIAISON MEETING - LIBRARY BOARD: Councilman Overholt reported on his attendance at the subject meeting held the prior week wherein the Board indicated that they wanted to honor two retiring Board Members, Joanne Stanton and Irv Pickler. Further, the Board would like to meet with the Council the latter part of October, particularly with reference to the Bookmobile Program, as well as other matters. He discussed with them that perhaps a joint meeting with the Council could take place during a "finger-sandwich" lunch on Council meeting day. 101: GOLD BOWL: Mayor Roth noted that it appeared Anaheim would be hosting the Football Gold Bowl on January 22, 1983, at Anaheim Stadium. He wanted to express his thanks to The Register Sports Editor, John Hall, for initially bringing the matter to the attention of Anaheim and for involving Publicity Director Doug Finley, as well as City Manager Bill Talley, Tom Liegler and himself. They had several meetings thus far. One of the clinching meetings was that hosted by Joel Rothman of the Anaheim Marriott, which included the donation of the Presidential Suite one Saturday morning where a long meeting took place amphasizing the attributes of Anaheim as a perfect host City for the Bowl. The result was another feather in tl .... ~ of the City. capturinE a nationally televised event. He thanked all who participated. Councilman Bay asked if the Council had been fully informed on the contracts involved and also, if the City was exposed to any expenditure; the Mayor stated it appeared they were going to host the Gold Bowl, subject to the City and the sponsors of the Bowl meeting negotiating and subsequently presenting the proposals to Council, the recommendation being that there be no cost to the City. 139: OPPOSITION TO PROPOSITION 13 WATER RESOURCE INITIATIVE ON THE NOVEMBER 1982 BALLOT: Mayor Roth referred to the presentation made by Dennis MacLain at the Orange County League of Cities Meeting on Proposition 13, the Water Resources Initiative. He recommended the the Council oppose the initiative 850 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. and to generate publicity on its ultimate detrimental effect, so that voters would have an understanding and be well informed as to its dangerous implications and far-reaching effects, not only to water rights, but also the cost of water in the future. Councilman Roth moved that a Resolution in opposition be prepared to be sent to all Orange County Cities, asking them to join the City's position and to advise their citizens accordingly. Councilman Overholt seconded the motion. MOTION CARRIED. 132/144/148: APPOINTMENT TO SOLID WASTE MANAGEMENT ADVISORY COMMISSION: Councilwoman Kaywood noted that there was to be a recommendation to the League of Cities for an appointee to the subject Commission. She felt it was very important that Anaheim have a representative on that Commission. Mayor Roth agreed that it was extremely important, and suggested that Mayor Pro Tem Bay be appointed. Councilman Bay expressed his regrets and stated he could not accept, mainly because it was his considered opinion that the makeup of the Board would have very little to say regarding decisions to be made. He suggested that Councilman Pickier be appointed because of his experience in dealing with the County bureaucracy. MOTION: Councilman Bay thereupon moved to support the nomination of Councilman Pickler at the Orange County Division League for appointment to the Solid Waste Management Advisory Commission. Councilman Overholt seconded the motion. MOTION CARRIED. RECESS - CLOSED SESSION: The City Manager requested a Closed Session to discuss labor relations with no action anticipated; the City Attorney requested a Closed Session to discuss litigation and potential litigation with no action anticipated. Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:58 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (2:00 p.m.) AFTER RECESS: Chairman Roth reconvened the Anaheim Redevelopment Agency, all Agency Members being present, for the purpose of conducting a joint public hearing with the City Council. (2:00 pm.) 123/161.123: RAYMOND A. AND CONNIE Y. MASCIEL - JOINT PUBLIC HEARING - ANAHEIM REDEVELOPMENT AGENCY/CITY COUNCIL: To consider a proposed Disposition and Development Agreement with Raymond A. and Connie Y. Masciel for construction of a two-story office building on land located at the southeast corner of Harbor Boulevard and Cypress Street (200 North Harbor Boulevard) in Redevelopment Project Alpha, known as Parcel la. 851 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. Mr. Norman Priest, Executive Director of Community Development, then briefed the Council/Agency on his memorandum dated September 7, 1982, recommending (1) that the Agency adopt a resolution certifying an initial study of environmental impact, finding that no further environmental documents are necessary as the result of the sale of certain real property and terms of a Disposition and Development Agreement, (2) approving the sale of certain real property according to the agreement between the Agency and Raymond A. and Connie Y. Masciel (developer), (3) that the City Council adopt a resolution certifying the Initial Study with respect to the proposed Disposition and Development Agreement between the Redevelopment Agency and Raymond A. and Connie Y. Masciel, a sole proprietorship, finding that the consideration for the sale of the property thereunder is not less than fair market value in accordance with covenants and conditions governing such sale; and approving the sale of such property and said Disposition and Development Agreement, and (4) that the Agency approve the basic concept drawings. After questions were posed to Mr. Priest by Council/Agency Members for purposes of clarification, Mayor Roth asked if the applicant or applicant's agent were present and wished to speak. Mr. Ron Bevins, 300 South Harbor Boulevard, Attorney for the applicants, stated that staff had covered the approximate three years of effort devoted to the project. They were in agreement with the Disposition and Development Agreement as drawn. The Masciels and their architect were present to answer any questions relative to the proposed project (renderings of the development were posted on the Chambers wall). The Mayor asked if anyone wished to speak to the proposed Disposition and Development Agreement; there being no response, he closed the public hearing. Agency Member Pickler offered Resolution Nos. ARA82-49 and ARA82-50 for adoption. Refer to Resolution Book. RESOLUTION NO. ARA82-49: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY CERTIFYING AN INITIAL STUDY WHICH FINDS AND DETERMINES THAT THE PROPOSED SALE AND REDEVELOPMENT OF CERTAIN PROPERTY LOCATED IN REDEVELOPMENT PROJECT ALPHA WILL HAVE NO SIGNIFICANT EFFECT ON THE ENVIRONMENT AND THAT A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NEED NOT BE PREPARED. RESOLUTION NO. ARA82-50: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE PROPOSED SALE OF REAL PROPERTY IN REDEVELOPMENT PROJECT ALPHA; APPROVING THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND AUTHORIZING THE EXECUTION OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT. 852 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Chairman declared Resolution Nos. ARA82-49 and ARA82-50 duly passed and adopted. Councilman Pickler offered Resolution No. 82R-471 for adoption. Refer to Resolution Book. RESOLUTION NO. 82R-471: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING THE INITIAL STUDY WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND RAYMOND A. AND CONNIE Y. MASCIEL, A SOLE PROPRIETORSHIP, FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY THEREUNDER IS NOT LESS THAN FAIR MARKET VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE; AND APPROVING THE SALE OF SUCH PROPERTY AND SAID DISPOSITION AND DEVELOPMENT AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-471 duly passed and adopted. MOTION: Agency Member Bay moved to approve the basic concept drawings of the subject development. Agency Member Overholt seconded the motion. MOTION CARRIED. ADJOURNMENT OF THE REDEVELOPMENT AGENCY: Agency Member Roth moved to adjourn. Agency Member Bay seconded the motion. MOTION CARRIED. (2:15 p.m.) CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 81-82-5, CONDITIONAL USE PERMIT NO. 2259 AND NEGATIVE DECLARATION: Application by American National Properties, Inc., for a change in zone from RS-A-43,000 to C-R, to permit a five-story office building on property located at 2111 South Manchester Avenue. The City Planning Commission, pursuant to Resolution No. PC81-242, disapproved a negative declaration status on the project and further, denied Reclassification No. 81-82-5 and Conditional Use Permit No. 2259. The decision of the Planning Commission was appealed by the applicant and public hearing scheduled and continued from the meetings of January 12, March 16, May, 4, July 6 and July 27, and August 17, 1982, and continued to this date. 853 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. City Clerk Linda Roberts announced that Mr. Terry Tweedt, Vice President, American National Properties, in his letter dated September 20, 1982, stated that they did not intend to appear today. He was instead requesting that his petitions be referred back to the City Planning Commission. The Mayor asked if anyone was present who wished to speak; there being no response, he closed the public hearing. MOTION: Councilwoman Kaywood moved to grant the applicant's request that his petitions be referred back to the Planning Commission. Councilman Roth seconded the motion. MOTION CARRIED. PUBLIC HEARING - VARIANCE NO. 3285 AND NEGATIVE DECLARATION: Application by Steve L. and Debra H. Petersen, to construct a garage or carport addition on RS-7200 zoned property located at 2333 Puritan Lane, with Code waivers of minimum landscaped setback and minimum number and type of parking spaces. The City Planning Commission, pursuant to Resolution No. PC82-149, declared that the subject project be exempt from the requirement to prepare an Environmental Impact Report, pursuant to the provisions of the California Environmental Quality Act, since there would be no significant individual or cumulative adverse environmental impacts due to the approval of this negative declaration, since the Anaheim General Plan designates the subject property for low density land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; and that the initial study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts due to this project, and further, denied Variance No. 3285. The decision of the Planning Commission was appealed by the applicants and a public hearing scheduled this date. The City Clerk announced that a petition containing 47 signatures had been received requesting that the single-family zoning remain the same. The Mayor asked to hear from the applicant or applicant's agent. Mr. Douglas Weeks, 8448 Katella Avenue, attorney for the applicants, explained the reasons for the appeal were as follows: (1) the Plannin~ Commission disapproved the application; (2) there was a strong feeling on the part of the Petersens and upon his review of the minutes, that the Planning Commission hearing was not a fair one. As he understood the law, when there were practical difficulties, a variance may be granted to prevent discrimination of the property owners so long as there were no special privileges given. There was evidence that there were eleven similar conversions in the neighborhood; and (3) the conversion had already taken place and the requested variance was to allow the conversion. If the variance were not granted, there would be an expense in reconverting the structure back to a garage. 854 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. Mr. Weeks further stated they did not feel any weight was given to the proponents of the request. There was a petition attempted to be submitted on behalf of the Petersens signed by 27 of the neighbors. He wanted to know if that had been received by the Council. (The petition had previously been made a part of the record, dated July 17, 1982, and contained 28 signatures.) He did not believe that petition was considered at the Planning Commission hearing and he felt that was an error. The petition indicated that the signators had no objection to the Petersens filing for and obtaining the requested variance. Also at the hearing, there was a vote taken to see how many opponents were present, but never a request for a vote of the proponents present. Before concluding, Mr. Weeks spoke to some of the concerns raised at the Planning Commission hearing (see Planning Commission minutes of the meeting of July 26, 1982). He also submitted photographs of the property, explaining that the house was a corner lot, the front of which faced Puritan Lane and the side on Peregrine, which dead-ended at the Petersen house. There was a block wall at the end of the street and a field on the other side of that wall. Thus, there would be no effect on the aesthetics of the neighborhood. He maintained there would be prejudice involved if the variance were not granted, and that was the essence of the decision. He asked that they review the petition, look at the pictures, and consider the financial burden that would be involved, as well as the burden of not being fully able to utilize their property as others in the neighborhood had done as evidenced by the eleven conversions in the immediate neighborhood. Councilman Overholt asked Mr. Weeks to identify those other properties; Mr. Weeks stated he could provide the addresses and would do so, and had with him a picture of one of the conversions located almost directly across the street from the Petersens, with three trees growing in front. He submitted pictures of that property. The following people then spoke in favor of the granting of Variance No. 3285: Mary Rebecca Petersen, 92C Tanana, Costa Mesa, stated that she and her husband bought the subject home in 1965. After her husband died, she kept the house for seven years, but it was too much for her to care for and she sold it to her son and his wife with the stipulation that when she retired, she could come back and live with them, and so they proceeded with the conversion of the garage with the understanding that the additional room would be for her living quarters. Mrs. Kathryn Quiggle, 512 Peregrine, submitted a picture of the view of the Petersen property from her house. They were pleased with the improvement in the outside decor since Steve and Debbie Petersen bought the property approximately five years ago. They would welcome the sight of a decorative carport constructed over the existing driveway at the rear of the Petersens. They joined with many of the residents of the area who signed a petition in favor, requesting that they give the Petersens' appeal favorable consideration. 855 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. Debbie Petersen, 2333 Puritan Lane, stated she and her husband were the owners of the subject property. Five of the lots Mr. Weeks indicated were garage conversions were within 400 feet of their property. Also, their garage conversion was complete. She was not renting the garage, but it was used as a game room and office. She had a license for interior design, but she did not have traffic going to and from her home. She also confirmed that one of the stipulations when Rebecca Petersen sold the house was that she would be able to live with them when~she retired, and the conversion was done with that in mind. The following people spoke in opposition to Variance No. 3285: Mrs. Charles Moore, 500 South Peregrine, directly across from the subject property, stated she had a much better view of the property than did Mrs. Quiggle. She was opposed to the variance request and the carport, since that would be her major view. Councilwoman Kaywood noted that the petition submitted by those who were opposed stated "We the residents request that the existing single family dwelling zoning remain the same." She emphasized for Mrs. Moore that no one was proposing a zoning change. Mrs. Moore stated she hoped that that was not the case, but if Mrs. Petersen moved in when she retired, that would be two dwellings on one lot, and that would change the zoning; Councilwoman Kaywood pointed out that it involved a member of the same family and an attached garage. She felt the wording was misleading on the petition. Mrs. Moore confirmed for Councilman Overholt that she would be happier without having to look at a carport and would prefer to have the property remain as it is at present. Mr. John DeVaney, 2336 Alden, stated he was for upholding the status quo of the neighborhood. Although Councilwoman Kaywood assured Mrs. Moore that there was no proposed change in the zoning laws, it seemed that their way of life as they had enjoyed it all through the years was being challenged by the proposal. He joined with his neighbors in opposing the requested variance. Although he realized it was not a request for a change in the zoning, he felt, if granted, it was an opening that would eventually do so. Councilwoman Kaywood also assured Mr. DeVaney that she shared the same fear, and wanted the City's single-family residential neighborhoods to remain as such. She would not be considering the request at all if it were proposed as a rental unit, and she was certain the neighborhood would report that fact if it occurred. There being no further persons who wished to speak, the Mayor asked Mr. Weeks to make his summation. 856 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. Mr. Weeks first reiterated that the carport would not abut the sidewalk, but would be five feet back. Further, although he had not seen the opposing petition, it sounded like it might have been prejudicial, since the Petersens were not talking about a zoning change. They stated they would consider a recorded deed restriction if the Council felt it was necessary. There were also no plans for a rental. Councilman Overholt noted that Mr. Weeks stated if they were to be denied, that they could submit alternate plans; Mr. Weeks stated there was a possibility that a carport could be constructed on the other side of the garage, and the entrance would be on Puritan; however, they would still need to get a variance. It would be more expensive, and he did not feel it would add anything aesthetically. They would prefer a carport, but if the Council felt that could not be done, they would submit a revised plan. According to the'Building Inspectors, they needed a garage or a carport. Councilman Overholt stated that Mrs. Moore was the only one who was exposed to the physical impact the carport would bring. He asked about the possibility of granting the variance with a converted garage, but utilizing the present parking in the driveway for three cars without a carport. Miss Santalahti stated they could approve the variance without requiring a carport or garage. There being no further persons who wished to speak, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council finds that subject project will have no significant individual or cumulative adverse environmental impact due to the approval of this negative declaration since the Anaheim General Plan designates the subject property for low density land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 82R-472 for adoption, granting Variance No. 3285 with a carport, and reversing the findings of the City Planning Commission, subject to the following Interdepartmental Committee recommendations: 1. That the converted garage structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted ty the City of Anaheim. 2. That subject property shall be developed substantially in accordance with the plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. 3. That Condition Nos. 1 and 2, above-mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. RESOLUTION NO. 82R-472: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3285. Before a vote was taken, Councilman Overholt stated he was going to vote against the resolution. He did not feel that carports were the most aesthetically pleasing structures, and they were dealing with a single-family residential community. By granting the variance, they would be advertising the fact that there had been a conversion of the garage into another unit. The only resident to be impacted would be Mrs. Moore and her family who would have to look at the carport. He was voting against the variance for that reason only. Councilman Bay stated he was going to vote against granting of the variance, because he felt it would set a dangerous precedent in taking an illegal conversion and making it legal. In his neighborhood, there were homes being rented to more than one family. If they allowed additional living space by garage conversions, they would eventually encourage that type of rental when the home changed hands. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler and Roth Overholt and Bay None The Mayor declared Resolution No. 82R-472 duly passed and adopted. Mayor Roth assured those present in opposition that they could leave with the idea that the action was a variance approval and not a zone change. They were not permitting a multiple-family rental on the property. He was certain, as vocal as they were, if an attempt were made to make the conversion a rental, they would be back to the City immediately. They were in the best position to observe and safeguard against such an occurrence. Councilman Overholt stated he was going to ask that the locations where the illegal conversions were made, as reported by Mr. Weeks, be checked into to assure that there were no rentals; Mr. Weeks stated they were not saying they were rentals, but conversions. Mayor Roth left the Council Chambers. (3:10 p.m.) RECESS - CLOSED SESSION: By general consent of the Council Members present, the Council recessed into Closed Session. (3:12 p.m.) 858 City Hall, Anaheim, California - COUNCIL MINUTES - September 21, 1982, 10:00 A.M. AFTER CLOSED SESSION: Mayor Pro Tem Bay called the meeting to order, all Council Members being present with the exception of Mayor Roth. (4:11 p.m.) ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Pickler seconded the motion. Councilman Roth was absent. MOTION CARRIED. (4:11 p.m.) LINDA D. ROBERTS, CITY CLERK 859