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1979/11/2079-1302 city Hall.~ Anaheim, California - COUNCIL MINUTES - Novmmber 20~ 1979., 1:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour COUNCIL MEMBERS: Roth CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts PUBLIC WORKS EXECUTIVE DIRECTOR: Thornton E. Piersall PUBLIC UTILITIES ASSISTANT GENERAL MANAGER: Edward G. Alario ASSISTANT DIRECTOR OF ZONING: Annika Santalahti UTILITIES MANAGEMENT SERVICE MANAGER: Darrell Ament INVOCATION: Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. In lieu of an invocation, a moment of silence was observed. FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Seymour to Mr. George Rach and authorized by the City Council: "Lungs for Life Week InAnaheim"--December 2-8, 1979 119: RESOLUTION OF WELCOME: A resolution of welcome was adopted by the Council to be presented to Monsieur Robert Pax and his delegation on their visit from France to the Delco-Remy plant in Anaheim. MINUTES: Approval of 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 and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilman Bay seconded the motion. Council- man Roth was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $8,072,434.64, in accordance with the 1979-80 Budget, were approved. 160: PURCHASE OF EQUIPMENT - 750 KCMIL, 15kV URD PRIMARY CABLE - BID NO. 3580: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the low bid of General Electric Supply was accepted and purchase authorized in the amount of $66,898.06 for the cable and $4500 for the refundable deposit on eight metal reels, for a total of $71,398.06, including tax, as recommended by the Purchasing Agent in his memorandum dated November 14, 1979. Councilman Roth was absent MOTION CARRIED. ' 150: PERALTA CANYON PARK MULTI-PURPOSE BUILDING: (Account No. 47-805-7105-80514) Councilman Seymour offered Resolution No. 79R-675 for adoption as recommended in memorandum dated November 14, 1979 from the City Engineer, rejecting all bids on the subject project. Refer to Resolution Book. 79-1303 City Hall., Anaheim, California - COUNCIL MINUTES - November 20, 1979, 1:30 P.M. RESOLUTION NO. 79R-675: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M. ON THE 8TH DAY OF NOVEMBER, 1979, FOR THE CONSTRUCTION OF THE PERALTA CANYON PARK MULTI-PURPOSE BUILDING, ACCOUNT NO. 47-805-7105-80514. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour None Roth The Mayor declared Resolution No. 79R-675 duly passed and adopted. 169: SETTING OF PUBLIC HEARING REGARDING CLOSURE OF THE CERRITOS AVENUE SERVICE ROAD: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, December 11, 1979, at 3:00 P.M., was the date and time set for a public hearing to discuss the closure of the Cerritos Avenue Service Road, east of Carlotta Avenue, as recommended in memorandum dated November 13, 1979 from the City Engineer. Councilman Roth was absent. MOTION CARRIED. 159: ALTERNATIVE FUELS AND FUEL CONSERVATION FOR THE CITY VEHICLE FT.~g'£: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the expenditure of approximately $10,000 was authorized to equip six City vehicles with a dual fuel system, with funding available from the Equipment Rental Program Fund No. 72-635-7129, as recommended in memorandum dated November 7, 1979 from James Ruth, Deputy City Manager and Chairman of the Fuel Conservation Committee. Councilman Roth was absent. MOTION CARRIED. Councilwoman Kaywood commended Mr. Ruth on the excellent report provided. 130: NON-EXCLUSIVE FRANCHISE FOR CABLE TELEVISION SERVICES: Councilwoman Kaywood offered Resolution No. 79R-676 for adoption as recommended in memorandum dated November 13, 1979 from James Armstrong, Assistant to the City Manager, setting December 18, 1979, at 3:00 P.M., as the date and time for a public hearing on the granting of the subject franchise to Storer Cable TV, Inc., and authorizing the City Clerk to publish said resolution. Refer to Resolution Book. RESOLUTION NO. 79R-676: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO GRANT TO STORER CABLE T.V., INC., THE NONEXCLUSIVE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR TRANSMITTING, RECEIVING, DISTRIBUTING AND SUPPLYING RADIO, TELE- VISION ALONG, ACROSS AND UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES WITHIN SAID CITY OF ANAHEIM. ' ' Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour None Roth The Mayor declared Resolution No. 79R-676 duly passed and adopted. 79-1304 City Hall, Anaheim, California - COUNCIL MINUTES - November 20, 1979, 1:30 P.M. 123: PRICE WATERHOUSE AND COMPANY, FINANCIAL STATEMENTS - ELECTRIC AND WATER UTILITY: A recommendation from the PUB to amend the agreement with Price- Waterhouse Company to increase the maximum amount of compensation to $13,000 in connection with the financial statements for the electric and water utility, was submitted. Councilwoman Kaywood offered Resolution No. 79R-677 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-677: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A FIRST AMENDMENT TO AGREEMENT WITH PRICE WATERHOUSE AND COMPANY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Before a vote was taken, Mayor Seymour asked the reason why the increase could not have been perceived prior to entering into the agreement with Price Waterhouse. Mr. Darrell Ament, Utilities Mmnagement Service Manager, stated the agreement was separate from the audit contract. At the time of the original agreement, they did not know the exact audit amount relative to implementation. They held the contract to a bare minimum with the understanding that once all the costs were identified, they would possibly have to amend the agreement. Mayor Seymour stated if he knew that at the time they entered into the agreement with Price Waterhouse, why they did not inform the Council they would be coming back. Mr. Ament answered that he had not presented the agreement initially and, there- fore, was not certain if it was made clear at the time. City Manager William Talley stated he did not recall that was done. Mayor Seymour stated this was another example, and the second time it occurred in Utilities, where the Council received only part of the story and another part later on. He did not like that type of policy and preferred to have the whole story up-front. For that reason, he would oppose the resolution. Mr. Ament stated that they did indicate in the memorandum that they might be back, but he did not have a copy of that communication which came from the Department attached to the original report. Mayor Seymour thereupon stated he was satisfied and accepted Mr. Ament's word that it was done. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour* None Roth The Mayor declared Resolution No. 79R-677 duly passed and adopted. 79-1305 City Hall~ Anahei~ California - COUNCIL MINUTES - November 20~ 1979~ 1:30 P.M. Later in the meeting, Mr. Ed Alario, Public Utilities Assistant General Manager, reported that in reviewing the file, they found that they did not notify the Council or the City Manager's office that they would be coming back. They discussed it with Price Waterhouse and perhaps it was brought up ~n discussions. They thought it was included but it was not put in writing and they had erred. *Mayor Seymour requested that his "mye" be recorde~ as a "no" vote .on Resolution No. 79R-677. 114: THOROUGHBRED RACING DAYS - ORANGE COUNTY FAIR - LOS ATAMITOS RACE COURSE - 1980: Councilwoman Kaywood offered Resolution No. 79R-678 for adoption. Refer to Resolution Book. RESOLUTION NO. 79R-678: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE CALIFORNIA HORSE RACING BOARD TO APPROVE THE FOURTEEN AUTHORIZED THOROUGHBRED RACING DAYS FOR THE ORANGE COUNTY FAIR AT THE LOS ALAMITOS RACE COURSE IN 1980. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour None Roth The Mayor declared Resolution No. 79R-678 duly passed and adopted. 105: GOLF COURSE COMMISSION APPOINTMENT: Councilwoman Kaywood noted that the Golf Course Commission minutes of October 18, 1979 recommended that Anita Austin be appointed to the Commission due to the resignation of Nora Davis. She there- upon moved that Anita Austin be appointed to the Commission. Before any action was taken, Mayor Seymour stated that he had discussed the matter with the City Clerk prior to the Council meeting, and he had suggested that an appointment be postponed until December 4, 1979, at which time a full Council would be present. He would not be attending the next Council meeting and thus asked that action on the appointment be delayed until that time. Councilwoman Kaywood thereupon withdrew her motion. 181: ANAHEIM COMMUNITY ENTERTAINERS: Mr. John Yench, President, requesting reim- bursement of fees paid for the use of the Pearson Park Theatre and requesting the use of the former Anaheim Bulletin Building located at 224 and 232 South Lemon Street (continued from October 30, 1979). Mr. John Yench, 609 West Lincoln, suggested that perhaps the matter should wait until there was a full Council. Mayor Seymour asked Mr. Yench if he would prefer to have the matter continued for a full Council; Mr. Yench stated he would so prefer. On motion by Councilman Overholt, seconded by Councilman Seymour, the subject request was continued until December 4, 1979. Councilman Roth was absent. MOTION CARRIED. 79-1306 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 20, 1979, 1:30 P.M. 150: USE OF GLOVER STADIUM FOR RELIGIOUS PURPOSES: Mr. John Biehl, 1639 West Chanticleer, Mary's Hour, Inc., announced his presence to answer any Council questions. On motion by Councilman Seymour, seconded by Councilman Bay, the request of Mary's Hour, Inc. for use of Glover Stadium for religious purposes on Sunday, May 11, 1980, from 1:30 to 4:30 p.m., was approved in accordance with recommendations of the City Attorney's office and memorandum dated November 9, 1979 and memor'andum from James Ruth, Deputy City Manager, dated November 12 1979. Councilman Roth was absent. MOTION CARRIED. ' 168: REQUEST FOR STREET NAME CHANGE - EAST MARTELLA LANE: Request by Mr. and Mrs. Rex L. Couch to change a street name from East Martella Lane to San Roman Way, was submitted. Mayor Seymour asked if Mr. or Mrs. Couch were present to speak on the matter or if anyone else wished to do so. No one was present. City Clerk Linda Roberts announced that Mrs. Couch telephoned earlier in the day to report that she was experiencing car trouble and probably would be unable to attend but saw no reason to continue the item. MOTION: Councilwoman Kaywood moved to deny the subject request based on the report dated November 19, 1979 from Planning Director Ron Thompsonl Council- man Bay seconded the motion. Councilman Roth was absent. MOTION CARRIED. Councilwoman Kaywood pointed out that there was a safety problem involved where, in the event of an emergency, those vehicles would not be able to find Mr. and Mrs. Couch on two different streets. 166: SUNRISE GRAPHICS - USE OF BANNERS: Request by Mr. Tom Delamater for the use of banners at 1745 West Lincoln Avenue and other unspecified locations abutting freeways, advertising four Athletes in Action games, was submitted. The Mayor asked if anyone was present to speak to the subject request; no one was present. On motion by Councilman Seymour, seconded by Councilman Overholt, the subject request was denied in accordance with the recommendations of the Assistant Director of Zoning, Annika Santalahti, in her memorandum dated November 14 1979. Councilman Roth was absent. MOTION CARRIED. ' CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's Claims Administrator: a. Claim submitted by Barbara McDonald for personal injury damages purportedly sustained as a result of slip-and-fall accident on steps at Anaheim Stadium, on or about September 5, 1979. 79-1307 City Hall, Anaheim, California - COUNCIL MINUTES - November 20, 1979, !:30 P.M. b. Claim submitted by Gay Lynn Evans for personal injury damages purportedly sustained as a result of accident involving a City vehicle at Lincoln Avenue near Beach Boulevard, ~n or about October 4, 1979. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Community Center Authority - Minutes of November 5, 1979. b. 105: Anaheim Housing Commission - Minutes of September 5, 1979. 3. 108: APPLICATIONS: The following applications were either approved or denied in accordance with the recommendations of the Chief of Police: a. Public Dance Permit, submitted by Cruz Munoz Frias, for a public dance to be held December 8, 1979, from 6:00 p.m. to 1:00 a.m. at the Anaheim Convention Center. ' b. Public Dance Permit, submitted by Anaheim Soccer Club, for a public dance to be held November 22, 1979, from 6:00 p.m. to 1:00 a.m. at the Anaheim Convention Center. ' c. Public Dance Permit, submitted by Vietnamese Dance Club, for a public dance to be held November 24, 1979, from 8:30 p.m. to 1:00 a.m., at the Anaheim Convention Center. The following application was denied: d. Public Dance Permit, submitted by Mostaffa Shahrestani, for a public dance to be held one night a week, at Mosi's Amusement Center, 3158 West Lincoln Avenue. 4. 150: CHANGE ORDER NO. 1 - PERALTA CANYON PARK LIGHTING PHASE II: In accordance with the recommendations of the City Engineer, Change Order No. 1, in the amount of $10,311, increasing the original contract price with Allen Electric Company to $162,411, was authorized. Councilman Roth was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 79R-679 through 79R-681, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 79R-679: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Harvey Hubbell Incorporated; Raymond G. Spehar, et al.; Dirck L. Bedford, et ux.; Cal-West Development Company; Doris Hobbs; Carlos H. Alvarez, et al.; Diversified In- vestment Company, et al., two deeds) 79-1308 City Hal.1., Anaheim, California - COUNCIL MINUTES - November 20, 1979~ 1:30 P.M. 167: RESOLUTION NO. 79R-680: 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: TRAFFIC SIGNAL AND SAFETY LIGHTING AT THE INTERSECTION OF AGATE STREET AND BROADWAY, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-795-6325-5100. (Steiny and Company, Inc.) 167: RESOLUTION NO. 79R-681: 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: TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF STATE COLLEGE BOULEVARD AND VIA BURTON STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 13-795-6325-5040. (Steiny and Company, Inc.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour None Roth The Mayor declared Resolution No. 79R-679 through 79R-681, both inclusive, duly passed and adopted. 170: FINAL MAP - TRACT NO. 10476: Developer Warmington Development, Inc., tract is located north of Chapman Avenue, east of Harbor Boulevard containing two proposed RM-4000 zoned lots. On motion by Councilman Seymour, seconded by Councilman Bay, the proposed sub- division, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map Tract No. 10476, as recommended by the City Engineer in his memorandum dated November 14, 1979. Councilman Roth was absent. MOTION CARRI~O. 142/179: ORDINANCE NO. 4079 - ZONING OF ADULT ENTERTAINMENT BUSINESSES: Ms. Sharri Menham, owner, Village Bath Leisure Spa, 1829 West Katella Avenue, stated that she wanted to know the main objective in passing an ordinance that would mean relocating her establishment through rezoning. She believed that the issue was to get rid of shams for prostitution. Prostitutes, pimps and other loose persons had cast suspicion on the worthy profession of massage and massage therapy. She emphasized that massage was not adult entertainment and read from the appropriate Code section giving the definition of massage. They rendered a health service. According to the proposed ordinance, her business was within 500 feet of a residential area and in one year, she would be forced to relocate and she could not afford to do so. She felt she was being accused of prostitu- tion and today was on trial and she had a feeling she was going to be convicted and sentenced, resulting in the death of her business. 79-1309 ~ity Hall, Anaheim, California - COUNCIL MINUTES - November 20, 1979, 1:30 P.M. Six months prior, she had invested $87,000 in her business which had been in operation for 10 years. There had never been any arrests that she was aware of and she had girls working for her who had been in massage for eight years. Her partner was a masseuse in Anaheim for six years, and they both believed in their profession just as every other girl worPing for her. She was following all the laws and ordinances and made certain that everyone complied with every ordinance. The massage establishments had ordinances but modeling studios, dance studios and escort businesses did not have such ordinances. They all put their thoughts together as to what they could do to assist in the fight against prostitution. They understood it was a two-way street and would co- operate. In concluding, she emphasized that in view of the $87,000 recently invested, she could not afford to relocate or close down. If so, her parents, from whom she borrowed $25,000, herself and her partner would go bankrupt. She was asking for "liberty and justice for all." Ms. Malvina Trenholm, owner of Ecstacy I, 419 South Brookhurst, first asked if it was the public that wanted to close them down. Mayor Seymour stated that he did not think they had taken any public surveys, but, on behalf of the Council, they were very sensitive to the many letters and calls of complaints they had received on adult entertainment businesses. Ms. Trenholm continued that it was a large portion of the public who walked through their doors. The City was making it very hard in Anaheim for girls'to work. It cost a girl $475 to go to a school for massage where they also learned to deal with the public. Then, the City charged an outrageous price for a license and required certain procedures which made them feel like criminals when they were only masseuses. Also their hours had previously been taken away which did not serve any purpose because there was still prostitution in the City. The real crime was out on the streets and not in massage parlors. It was in the other studios, and the City was hurting people who were innocent. They had offered their services in working with the Police Department, but people only backed away from them. She did not like being called a prostitute. She was trying to raise a family. If the Council was going to condemn something, they should first investigate what they were condemning. Concluding, she stated that the country believed in freedom of speech and also believed that a person was innocent until proven guilty. However, they were being condemned for something somebody else was doing and it was not fair. She felt that every time an election was coming, they got hit ann that was wrong. Ms. Larue Kripps, employed at 419 South Brookhurst, stated she was proud to be a masseuse and she worked for a good staff of girls. She did not understand what the Council was doing trying to close them down. Ms. Cindy McRoberts, employed at 419 South Brookhurst, read from a prepared statement on behalf of herself and the owners and employees of massage estab- lishments. They were trying to initiate better communication between themselves and the Council. She then elaborated upon the art of massage which started 3000 79-1310 City Hall~ Anaheim, California - COUNCIL MINUTES - November 20, 1979, 1:30 P.M. years ago practiced for physical therapy purposes, providing therapeutic and healing benefits. As a professional massage technician, she felt they were being treated unjustly. She dressed professional and worked professionally. She emphasized that her business was a profession and she did not understand how the Council could close massage businesses after 3000 years. Because of the previous change in hours, their families had suffered economically and financially, as well as interfering with their family life. As well, the pressure the Police had put on the public resulted in the public being afraid to patronize the establishments. She did not see why, as a businesswoman, they could not permit her to continue her business. Mr. Bill Cooper stated as a citizen of Anaheim, not now involved in massage, he wanted to speak in favor of massage. The proposed ordinance was for adult enter- tainment businesses and as pointed out, massage was not adult entertainment. That had not been challenged in the courts as yet, however, it might be if passed in its present state. The people the ordinance was written to eliminate were not present today. It was the legitimate massage businesses that were present and fighting for their lives. He felt the ordinance was a good and adequate one, but it made the mistake of listing massage as adult entertainment. The massage ordinance presently enforced had virtually eliminated the problem in massage that was evident a few years ago. Since there was such an ordinance, he wanted to make a motion to remove massage from the proposed adult entertainment ordinance and subsequently pass the proposed ordinance to get rid of the present problem. Mr. Cooper also noted that in the new telephone books, there were thirteen places advertising out-call massage in the City of Anaheim and not one of the thirteen places was licensed to perform massage. He wanted to know how the new ordinance affected that situation. City Attorney William Hopkins stated he would ask the Police Department to investigate the matter, but he believed that would be covered by the new ordinance. Councilwoman Kaywood asked if they were outside the City of Anaheim, but had an Anaheim phone number, how would they be able to control those businesses. Mr. Hopkins explained if they were outside the City limits, Anaheim would have no jurisdiction. Mr. Ray Ruffin, 499 South Brookhurst, stated he was speaking on behalf of Melvina Trenholm as a friend and business neighbor. In the five years that he had known her, he had never heard of any problems or evidence of prostitution that had taken place in her massage establishment. He had been in the establishment him- self for massages. He was speaking for Ms. Trenholm's character - she was divorced and had three children she was trying to support. He felt she was on the Council's side and was trying to help in any way possible against prostitution and she was not a prostitute. Mr. Wayne Adams, Japanese Physiotherapy and Sauna, 924 South'Euclid, stated he had been in business for five years and his was one of the nicest and cleanest operations that he knew of. He had one masseuse working for him, his wife, who had gone to school and had been trained in her country, Japan. In Japan, 79-1311 .City Ha.ll~ Anaheim, California - COUNCIL MINUTES - November 20~ 1979, 1:30 P.M. being a masseuse was a honorable profession. Very important people in Anaheim patronized their establishment and approximately 5% of their customers were over 60 years of age and some as high as 83. His life savings were devoted to his place of business. He was also within 500 feet of a residential lot and if he had to move his business, all improvements would remain with the building. Mr. Dave Sellar, owner and manager of Anaheim Health Spa, stated that his was a massage establishment and his feelings were that the City and people in general had taken the position that since modeling studios, rap parlors and prostitution per se had mushroomed in the City, why not pass one encompassing ordinance and take care of all the establishments since it was assumed that massage parlors were nothing but fronts for prostitution. If that were true, he wanted to know why Police cars were sitting in front of modeling studios in the last few weeks and not massage parlors. He did not believe that Police records would show a bust for prostitution in any massage parlors in Anaheim in the last two years. He saw the situation building for approximately six or seven months and questioned why the Vice Department did not do something about the situation then. He agreed with Mr. Cooper that the present massage establishment ordinance was a good one, and they had conformed to it. He felt that the pressure at election time and wanting to wait until they Could get all businesses at One time was the motivation. If he was into prostitution that would be fine, but he was not. He was running a straight business and it would remain straight. If the new ordinance was passed, he would move it. Every place in Anaheim would be affected by the ordinance and only five or six would be able to remain open. Miss Virginia Larson, employee at Maison De Massage, 1730 South Euclid, stated she had been a masseuse for four years and never indulged in an act of prosti- tution. She was very much offended that anyone would assume that she ever was and it was unfair and unjust. Mayor Seymour stated that he had a great deal of empathy for any person who was in business. He knew what it was like to start and to be threatened by govern- ment in the operation of that business. He also empathized with someone who might feel that government was causing them to go out of business. It had been well stated by all who spoke that massage could be a very legitimate and profes- sional business. That could be equally said however of a dance studio, modeling studios, escort bureaus, social clubs and the entire variety of adult entertain- ment businesses in the City as well. Unfortunately in any profession when bad set in, the public outrage reached elected officials who felt responsible to act and, in this case, the Council had heard from much of the public and their out- rage over prostitution in Anaheim. The Council, therefore, act while at the same time recognizing that in that process felt compelled to Jo be some innocent people hurt and disadvantaged along the' there were going way. The entire issue had such overriding social concerns in the community that they were going to have to take that risk. Although perhaps everyone of those present representing a legitimate interest, he was certain there was not one who would not admit or recognize that within their profession there were illegal operations and the same existed in the other businesses he menti~oned ..... Councilman Bay noted the section within the ordinance providing for a one-year time period within which the businesses could be brought into full compliance which could be extended for an additional period of time by the Council, not to 79-1312 City Ha..ll~ Anaheim, California - COUNCIL MINUTES - NovEmber 20~- 1979, 1:30 P.M. exceed two additional years, upon determination that such an extension was rea- sonably necessary to prevent undue hardship. That clause offered the Council an opportunity to look at the exceptions relative to those who gave testimony today. In his opinion however it was no reason not to pass the whole ordinance. Councilman Seymour offered Ordinance No. 4079 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4079: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.89 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING OF ADULT ENTER- TAINMENT BUSINESSES. . Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour None Roth The Mayor declared Ordinance No. 4079 duly passed and adopted. 142/156: ORDINANCE NO. 4080 - PARAPHERNALIA: Mr. Gene ComOWitz, owner, A. Doobie, a glass blowing company in Pomona, stated he had spoken to different Councils in cities where they adopted a similar ordinance. They were perhaps aware that several law suits had been filed in various cities who tried to determine the Constitutionality of those ordinances without the exclusion of the display aspect because that was the problem area. Since Lakewoood started the ordinance, there had been a great change among all stores that were previously too loose on handling their articles. Most were now posting signs requiring identifica- tion for youngsters. He had also spoken to State representatives relative to the possibility of passing a law banning the sales of any smoking articles to minors or at least to enforce the law presently on the books. Mayor Seymour asked Mr. Comowitz if he manufactured drug paraphernalia. Mr. Comowitz answered that he manufactured smoking pipes and also distributed rolling papers; the Mayor asked if the pipes were used in Smoking marijuana. Mr. Comowitz answered that they could be used for doing so. He (Comowitz) then asked if the ordinance would apply to all stores who carried smoking articles such as Thrifty and Sav-on and even hardware stores that carried alligator clips and other such articles. City Attorney Hopkins stated that the ordinance would apply to any business in the City engaged in the sale or display of the various devices defined in the ordinance. It was primarily intended to prevent minors from having access to the type of equipment outlined. Mr. Comowitz then asked if they had considered an ordinance banning the sale of such items to minors without going into the display aspect and, if so, why they felt it would not be effective. 79-1313 City Hall, Anaheim, California - COUNCIL MINUTES - November 20, 1979, 1:30 P.M. Mr. Hopkins stated that they did consider that and also considered the State Code which presented a problem inasmuch as it stated the articles must have been used and there was a problem in enforcing the State Code. The proposed ordinance was based on the Lakewood ordinance which is basically intended to prevent the said and ~isplay of the items to ni~or~ Mr. Comowitz stated that he would highly recommend adopting an ordinance pro- hibiting sale to minors and leaving out the display provision and then there would be no problem. Councilman Seymour offered Ordinance No. 4080 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4080: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 7.10 TO TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE ADVERTISING, DISPLAY AND SALE TO MINORS OF PARAPHERNALIA COMMONLY ASSOCIATED WITH THE USE OF NARCOTICS. Roll Call vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour None Roth The Mayor declared Ordinance No. 4080 duly passed and adopted. 142/156: ORDINANCE NO. 4081 - ADULT READING MATERIAL: Councilman Seymour offered Ordinance No. 4081 for first reading. ORDINANCE NO. 4081: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 4.96, TITLE 4, TO THE ANAHEIM MUNICIPAL CODE RELATING TO THE DISPLAY OF ADULT READING MATERIAL. 108: NEWLY PASSED BINGO ORDINANCE: Councilman Overholt commended City Attorney Hopkins and his staff for their aggressiveness in defending the newly passed Bingo Ordinance which was recently ruled Constitutional in all respects in Superior Court. 114: ATTENDANCE AT VARIOUS FUNCTIONS: Councilwoman Kaywood reported on her attendance at the wrap-up luncheon of the Halloween Committee on Friday, November 16, 1979 and the kick-off dinner of the First Marine Division Asso- ciation, Anaheim Chapter on Saturday, November 17, 1979 where she presented the Council resolution recognizing the formation of the a~ociation. 114: MARINE CORPS TOYS FOR TOTS PROGRAM: Councilman Bay reported on his attendance at the Marine Corps Toys for Tots program at the Anaheim Hyatt on Wednesday, November 14, 1979 and what appeared to be a very successful turnout for the opening of that program. 155: PHASE I DEVELOPMENT - JOHN MARSHALL PARK: Councilman Bay stated he also attended a neighborhood meeting held by the Parks & Recreation Department the night of Wednesday, November 14, 1979 regarding the John Marshall Park. It was the second neighborhood meeting regarding the park design, which was presented 79-1314 .~ity Hall, Anaheim, California - COUNCIL MINUTES - November 20, 1979~ 1:30 P.M. to a large group who attended from the neighborhood where the design generally met with approval. The Phase I development was approximately $55,000 short which involved the basic grading, installation of sprinklers, utility lines, etc. In order to get the park underway, he urged the Council to view the plans for the park and within a week or so, he would be asking them to consider allocating $55,000 from the unappropriated capital funds balance for transfer ihto the Parks budget in order to proceed with Phase I. 127: NOVEMBER 19~ 1979 ADVERTISEMENT REGARDING BINGO: Councilman Bay referred to the full-page ad in the November 19, 1979 edition of the Anaheim Bulletin entitled, "Bingo is More Than Just a Game." It was not marked advertisement or political advertisement and after being familiar with Proposition 9 rules on political advertising, he suspected it might fall under political advertising. He was concerned, as he had been for some time, that bingo money, especially big bingo money, might get into politics in the City. He, therefore, requested the City Attorney to investigate the possibility of the article falling under political advertising under Proposition 9 and also to look into the legal possibilities that a non-profit corporation was involved in political activities in the City. Councilwoman Kaywood asked if there was a way to require that they keep a record of every donation, and where money came from to pay for the ad? City Attorney Hopkins stated it might be something the Attorney General's staff would be interested in from the standpoint of accounting. His office would also look into it and report back to the Council after reviewing it with the Fair Political Practices Commission as to what the requirements would be for reg- istration. 114: LIAISON COMMITTEE MEETING WITH REDEVELOPMENT: Mayor Seymour reported that last week he and Councilman Bay had a Liaison meeting with Redevelopment for the purpose of discussing impacts not only of Proposition 13, but also Proposition 4, on Redevelopment funds. Although concern was expressed, the Redevelopment project in its present stage and configuration was financially sound. A full report would be given after they had an opportunity to further review the impacts of Proposition 4. 114: MOTOCROSS AT ANAHEIM STADIUM: The Mayor reported on his attendance at the Motocross event at Anaheim Stadium Saturday, November 17, 1979 which was extremely well attended. ' 114: PERMISSION TO LEAVE THE STATE FOR 90 DAYS: On motion by Councilman Seymour, seconded by Councilman Overholt, Mayor Seymour was granted permission to leave the State for 90 days. Councilman Roth was absent. MOTION CARRIED. RECESS - EXECUTIVE SESSION: Councilwoman Kaywood moved to recess into Executive Session. Councilman Overholt seconded the motion. Councilman Roth was absent. MOTION CARRIED. (2:44 P.M.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, with the exception of Councilman Roth. MOTION CARRIED. 79-1315 Cit~. Hall,. Ana~e.im, California - COUNCIL MINUTES - November 2Q, 1979, 1:30 P.M. 112: CITY OF ANAHEIM VS. FREY: On motion by Councilman Seymour, seconded by Councilman Bay, the City Attorney was authorized to settle Orange County Superior Court Case No. 24-88-41 (City of Anaheim vs. Frey) for the sum of $10,000. Councilman Roth was absent. MOTION CARRIED. 118: CLAIM OF ROBERT BRENNAN: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Attorney and Carl Warren & Company were authorized to settle the clatm of Robert Brennan for a sum not to exceed $1,600. Councilman Roth was absent. MOTION CARRIED. 112: JOEL DICKEY, ET AL, VS CITY OF ANAHEIM: On motion by Councilman Seymour, ~econded by Counciiwo~n' Kaywood, the City Attorney and Kinkle, Rodiger & Spriggs were authorized to settle Orange County Superior Court Case No. 28-00-70 (Joel Dickey, et al, vs City of Anaheim) for a sum not to exceed $10,000. Councilman Roth was absent. MOTION CARRIED. 118: CLAIM OF MICHAEL SPASICH (AMESIA, INC.): On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Attorney and Carl Warren & Company were authorized to settle the claim of Michael Spasich (Amesia, Inc.) for a sum not to exceed $2,603.44. Councilman Roth was absent. MOTION CARRIED. 176: CONTINUED PUBLIC HEARING - ABANDONMENT NO. 79-8A: Submitted by Bruce B. Bowman, United California Bank, Trustess, to abandon and quitclaim a portion of the north side of City-owned fee title to right-of-way of Santa Ana Canyon Road, approximately 1,500 feet east and west of Weir Canyon Road, together with related slope easements. (Continued from October 30, 1979) Staff requested a continuance of the public hearing on the subject abandonment to November 27, 1979, 3:00 P.M. The Mayor asked if anyone was present to speak on the abandonment. Mr. Keith Murdoch, representing Kaufman & Broad, stated that they were in accord with the continuance. The only difficulty in the abandonment area had to do with the Southern California Edison and Pacific Telephone Company easement. They had been trying to work the matter out with them but were unsuccessful. It was possible that they might have to ask for readvertising of the hearing to modify the easement and they hoped to have it ready by next Tuesday. They were in agreement with all other terms. On motion by Councilman Overholt, seconded by Councilwoman Kaywood~ public hearing on Abandonment No. 79-8A was continued to November 27, 1979 at 3:00 P.M. Council- man Roth was absent. MOTION CARRIED. ' PUBLIC HEARING - RECLASSIFICATION NO. 79-80-11, CONDITIONAL USE PERMIT NO. 2023 AND NEGATIVE DECLARATION: Application by Anaheim Memorial Hospital Association, for a change in zone from RS-7200 to CO, to expand an existing hospital parking lot on property located on the north and west side of Hermosa Drive, north of La Palma Avenue, Portion A; and on property located at the northeast corner of La Palma Avenue and Hermosa Drive, Portion B. 79-1316 City Hall, Anahei~ California - COUNCIL MINUTES - November 20~ 1979~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC79-190, declared the subject property exempt from the requirement to prepare an environmental impact report pursuant to the provisions of the California Environmental Quality Act, and further denied Reclassification No. 79-80-11. A Planning Commission resolution granting or denying Conditional Use Permit No. 2023 failed to carry. The decision of the Planning Commission was appealed by Anaheim Memorial Hospital and public hearing scheduled this date. Councilwoman Kaywood asked how many homes were affected by the subject application. Miss Santalahti stated, excluding homes to the north, there were two houses on the northwesterly corner of Hermosa and La Palma Avenue, and there were three lots remaining on what was La Palma Circle. There were perhaps five most directly impacted by the proposal. The Mayor asked if the applicant or applicant's agent was present and desirous of being heard. Mr. James McAlvin, Executive Director, Anaheim Memorial Hospital, 6547 Via Fresco, stated he was present as a consultant to the hospital and at the request of Mr. Herb Leo, who was planning to make a presentation today but was unable to do so. He confirmed that instead of five residents, there were four residents in- volved--two on the northwest corner of Hermosa and La Palma and two on La Palma. The hospital was present for two reasons: (1) it was a matter of vital impor- tance to the hospital, and (2) it was of extreme urgency that the request for the reclassification and conditional use permit be passed by the City Council. For 20 years, parking at their hospital had been a chronic problem. On many occasions over those years, they had been unable to project accurately the amount of parking really needed for an institution such as Anaheim Memorial. Over the past 15 years, they had been consistently purchasing property as it became available. Recently, they had expanded the parking lot by some 20,000 feet. It was helpful, but not to the extent necessary. They had now purchased all of the land with the exception of four lots thus enabling them to increase their capacity by about one-third. This was a major move'and of benefit not only to the hospital and the community, but also to their neighbors surrounding them especially those to the south o£ the hospital. It was necessary for some of their employees, visitors and patients to park in front of the residences to the south. That situation had caused a great deal of problems for the neigh- bors and one about which the hospital was also concerned. They had been trying to do something about the parking situation and in order to avoid a stalemate or impasse, they had contacted all of the affected property owners to first indicate they were not urging them to sell. If they preferred to remain in their homes, they had the privilege to do so. If not, the hospital was more than willing to buy from them at a fair and equitable price. They asked two appraisers to appraise the properties, one being Cedric White. They had received appraisals back and as a result, made a commitment to each of the property owners indicating if they wished to sell, they would buy and indicated the fair and equitable price. In addition, they had tried to work with the 79-1317 C__ity H~i!, Anaheim, California - COUNCIL MINUTES - November 20, 1979, 1:30 P.M. property owners in other ways. He then briefed the Council on the historical background of the hospital and its constant growth since 1956, as well as the numbers involved in the present use of the parking lot by physicians, students, auxiliary people, patients and visitors. He emphasized that it was of vital importance that their application be approved and approved today because delays only compounded the problems. Mr. Randy Bosch, Dan Rowland and Associates, 1000 West La Palma Avenue, then presented a site plan which showed Phase IV of the hospital expansion recently approved by the Planning Commission. He also showed the final configuration of the parking expansion ("Site Plan - parking expansion update" dated August 13, 1979 revised September 11, 1979) if the application was approved today and then briefed the Council relative to the flow of traffic through the parking lot area under that plan. Mr. Bosch then answered questions posed by Councilman Overholt for purposes of clarification, at the conclusion of which Councilman Overholt asked if the Hermosa exit was going to accommodate the people involved in the hospital as delineated from the medical office building; Mr. Bosch stated in his opinion "yes". He then also clarified for Councilman Bay that the proposed 250 addi- tional parking spaces would result in a total of 1,032 spaces. The Mayor asked to hear from those in support of the subject application. Mr. Clinton E. Jones, 1023 Liter, stated he lived due south of the hospital where he had been a resident for 24 years. In the last 6 months, they had experienced problems with employees parking in their neighborhood which had forced the street to the east of his home to two-hour parking in a residential zone. They did not want that on their street because they had to park on other streets when returning from work, as well as friends who visited. Also, the street had not been swept in 6 months. The residents were tired of the situation, and he felt the additional parking would be of assistance to everyone in general. He then submitted a petition to the Council signed by residents living on Lido urging the granting of the rezoning application to provide parking relief (made a part of the record). There being no further persons who wished to speak in support, the Mayor asked to hear from those in opposition. Mrs. Lillian Polzin, 1205 Connecticut Avenue, President of the Assistance League, stated she represented a league memebership of approximately 300 women. She then referred to the letter previously submitted to the Council dated OctOber 11, 1979 (made a part of the record), explaining their stand on the issue and re- questing that the subject request not be granted. She had been in contact with Mr. Ron Marrott, Administrator of Anaheim Memorial, within the last 24 hours and been given a letter from the hospital stating a willingness to purchase their house located on the corner of Hermosa and La Palma. She could not act for the entire membership, however, and that proposal must be brought before them for approval. She would be willing to withdraw the objection of the Assistance League if the purchase of the property by the hospital was the condition of the change of zoning. They were as vitally concerned as the hospital, in that they were trying to protect the interests of the families living in those homes, as well as the interest of the Assistance League. 79-1318 City H. all~ Anaheim, California- COUNCIL MINUTES- November 20~ 1979~ 1:30 P.M. Councilman Bay asked if she was referring to the one corner property owned by the League and also if she was talking about the appraised price or an offered price. Relative to the first question, Mrs. Polzin confirmed she ~as speaking about the League property because she could not speak for the other owner. Regarding the latter, the hospital had an appraisal made and subsequently submitted an offer based on the appraisal which she would have to submit to the membership where undoubtedly negotiations would follow. In answer to further Council questioning, she explained the hospital had made an offer on the 26th of October and they had an appraisal made. She was not considering the first offer as an offer, but she felt the present offer was worthy of their consideration. Their next membership meeting was scheduled for December 13, 1979, at which time there would be a vote taken on the offer. It would take approximately one week to ten days for the League to obtain an appraisal and authorization for such an appraisal could be granted by the League Board and subsequently the League could either accept or reject the existing offer on December 13, 1979. She believed that the hospital was entering their offer in good faith and assumed that the league members would do likewise. She was hopeful that it would work out. Councilman Overholt stated he was reticent to take action today on the assump- tion that the hospital would deal successfully with the League. In summation, Mr. McAlvin stated it was not their intent to force the issue in order to be able to buy at a better price. They had an appraisal performed to decide upon a fair value. If the Assistance League was going to have an appraisal, they would be pleased to have them do that. He assured the Council that the hospital would deal with them in good faith. If the Council would act in their favor today, they could also be assured that the hospital would not embarrass the Council or the League in their negotiations. Because of the urgency, he requested the Council's favorable consideration. Councilwoman Kaywood asked if the other three houses affected had been offered a price and, if so, had they accepted. Mr. McAlvin answered that they had been offered a price and it had not been accepted. It was his understanding, however, that they had indicated they were not opposing what the hospital was doing. The hospital would buffer and protect them against the parking lot so that they would have the least impact possible. Councilwoman Kaywood asked if the other three owners were present; from the audience it was indicated that two of the three owners were present, those now adjacent to the parking lot on La Palma. It was further indicated the third owner (second house from La Palma and Hermosa) was unable to attend due to his work schedule. Those owners present did not know how he felt, but he had been present at two previous Planning Commission hearings and stated his opposition at those meetings. There being no further persons who wished to speak, the Mayor closed the public hearing. 79-1319 City Ha~l, Anaheim,. California - COUNCIL MINUTES - November 20~ .1979~ 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilwoman Kaywood, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact due to the approval of the negative declaration since the Anaheim General Plan designates the subject property for commercial-professional and medium and low density residential land uses commensurate with the propsal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study sub-~ mitted by the petitioner indicates no significant individual or cumulative adverse environmental impact and is, therefore, exempt from the requirement to prepare an EIR. Councilman Roth was absent. MOTION CARRIED. Councilman Overholt stated he did not want to taken action until the Assistance League membership had an opportunity to consider the most recent offer of the hospital during which time the League would also have an opportunity to obtain an independent appraisal on their behalf for the December 13 meeting. It would be his inclination to continue the matter until the Council meeting of December 18, 1979, at which time they could take action knowing whether or not the hospital and the League had come to terms. MOTION: Councilman Overholt moved to continue public hearing on Reclassification No. 79-80-11 and Conditional Use Permit No. 2023 to December 18, 1979, 3:00 P.M. Councilman Seymour seconded the motion for the purpose of discussion. Before a vote was taken, Councilman Bay stated that he did not want to affect the negotiations between the League and the hospital, but he was not certain a decision today would affect that one way or the other. Councilman Overholt stated if they approved the hospital's request and a condition of the action was that they successfully deal with the two property owners, they could not help but affect those negotiations. One property owner was not present today, and he assumed the hospital was dealing with that gentleman. He reiterated he did not think it was appropriate for the Council to get involved in the nego- tiations. Mayor Seymour stated, in his opinion, historically the hospital had been very fair in their dealings with property owners as they began to acquire properties. If they took action today to approve the request, the other property owners would be precluded from the opportunity to resolve a price on the property in more of an open environment, rather than being put in a position of being "under the gun". He felt that the public good would determine at one point or another that hospital and the surrounding neighborhoods needed the real estate they were asking to develop as a parking lot. It would serve not only the employees, but also the residents on surrounding streets now impacted by the parking problem. He found himself in the same position as Councilman Overholt in not wanting to vote in favor of Anaheim Memorial today, but permit them an opportunity and some time to deal with the remaining property owners. Given that time, if the property owners chose not to do so, he was prepared to move ahead with the approval of the parking lot because it was in the interest of the majority of the citizens in the community, and thus he would support the continuance on that basis. 79-1320 City Ha!l~ Anaheim,. California - COUNCIL MINUTES - November 20~ 1979, 1:30 P.M. Councilwoman Kaywood stated she would like to hear from the property owner who was not present today and that if he was unable to attend the December 18 meeting, that something in writing be obtained from him on the matter. In answer to Councilman Overholt, Mr. McAlvin stated that the hospital had been dealing with the property owner and they had submitted a copy of the appraisal and offer. From the audience, it was indicated that that property owner was not interested in selling at this time. A vote was taken taken on the foregoing for continuance. Councilman Roth was absent. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 79-80-12~ VARIANCE NO. 3114AND NEGATIVE. DECLARATION: Application by St. Mark's United Methodist Church, for a change in zone from RS-A-43,000 to RM-1200, to construct an 18-unit apartment complex on property located at 3701 West Mungall Drive, with Code waivers of maximum building height and permitted vehicular access. The City Planning Commission, pursuant to Resolution No. PC79-192, declared the subject property exempt from the requirement to prepare an environmental impact report, pursuant to the provisions of the California Environmental Quality Act, and further granted Reclassification No. 79-80-12 subject to the following conditions: 1. That street lighting facilities along Mungall Drive shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and/or that 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 installation of the above-mentioned requirements prior to occupancy. 2. 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 Mungall Drive. 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 o£ 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 satis- factory to the City Engineer. 7. That the Qwner 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 the onwer(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 prior to the issuance of a building permit. 79-1321 City Hall,. Anaheim, California - COUNCIL MINUTES - November 20, 1979, 1:30 P.M. 9. That the owner(s) of subject property shall submit to and have approved by the Planning Commission, revised plans for Special Use Permit No. 79 which re- flect the modified land use proposal caused by this reclassification. 10. Prior to the introduction of an ordinance rezoning subject property, Con- dition Nos. tl and 2, above-mentioned, shall.~e 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. 11. That Condition Nos. 3, 5, 6 and 10, above-mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC79-193, granted Variance No. 3114 subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 79-80-12, now pending. 2. That subject property shall be developed substantially in accordance with plans and specification of file with the City of Anaheim marked Exhibit Nos 1 2 and 3. · , The decision of the Planning Commission was appealed by Mr. Irwin Newhouse, et al and public hearing scheduled this date. ' ' Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. The Mayor asked if the applicant or applicant's agent was present and desirous of being heard. Mr. Walter Forsythe, broker, 518 South Brookhurst, stated he was also a member of St. Mark's Methodist Church and agent in the matter. He explained that the sale of-the property solved the Church's financial problems now and in the foreseeable future. The reclassification was in accordance with the General Plan designating the area for medium density residential land use. The request for variance was in two parts, (1) waiver of maximum building height--one story permitted, two stories proposed. He knew of no opposition to that portion of the request. (2) Permitted vehicular access--alley access was permitted, alley and street access was proposed. Mr. Forsythe then further elaborated upon the proposed 18-unit apartment complex, representing 29 units per acre with 36 units permitted. Mr. Forsythe then stated that to his knowledge the only opposition to the requested reclassification and variance had come from Mr. Irwin Newhouse, owner of the 30-unit, two-story apartment complex directly across Mungall Drive from their property. The basis of Mr. Newhouse's opposition as outlined in his letter of appeal dated October 15, 1979 was, "...irregular drive approach backing into existing street with bedroom windows in direct line of exhaust gases." Mr. Forsythe reiterated there was no opposition from residents in the area. In concluding, he stated if the reclassification and variance were denied, the project would be economically unfeasible, it could kill the sale, and would create a hardship to the Church. He stated that members of the congregation 79-1322 City H_allj Anahei~m,. California - COUNCIL MINUTES - November 20, 1979~ 1:30 P.M. were present in support of approval of the request and he asked them to stand so that the Council could acknowledge their presence: seven members of the congregation were present. Dr. Coogan Peter, Pastor, St. Mark's Methodist Church, stated that they were presently facing a hardship relative to the Church which had existed in the community for 15 years. They were now carrying a budget of $60,000 which was unbearable and were also carrying more than $150,000 mortgage on both of their properties. They did not want to sell the property but under the circumstances, because of the hardship of their financial situation, they made a decision to sell. The property, which was not in use at the present time, was a fire hazard and they had received two notices of weed abatement from the Fire Department. Because of lack of money, they could not maintain the property. He urged the Council to be sensitive to the request. There being no further persons who wished to speak in support, the Mayor called upon Mr. Newhouse. Mr. Irwin Newhouse, 11301Bixler, Garden Grove, first stated that he did not object to people building apartments on the property. What he objected to was the design, and he felt the apartments should be designed with a good appearance on the front. He felt that squeezing four parking stalls in the front of the building in an area that was barely allowable for four cars was very poor design. Also, backing out onto the street was going to become a traffic hazard. It was a dead-end street and there would be congestion in any case and the subject proposal, was going to make it worse. He was out of town when the matter came before the Planning Commission and was quite surprised to learn that it had been approved. To his knowledge, that type of situation had never been allowed before. In summation, Mr. Forsythe stated he related backing out onto the street to that occurring in any residential area where backing out was very common. Since it was a dead-end street, he did not perceive it to be a traffic hazard. Councilwoman Kaywood stated there was a difference when backing out from a home on a quiet street. She asked Mr. Forsythe if they attempted a different design or plan. Mr. Forsythe stated that they would have to cut back two units on the property in order to design a project with all off-street parking. That was what the developer told him, and he was present to give more specifics if they wished. There being no further persons who wished to speak, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Overholt, the City Council finds that this project would 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 from medium density residential land uses commensurate with the proposal; that no sensitve 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 Roth was absent. MOTION CARRIED. 79-1323 --City Hall~ Anaheim., California - COUNCIL MINUTES - November 20, 1979~ 1:30 P.M. Councilman Seymour offered Resolution No. 79R-682 approving Reclassification No. 79-80-12 as recommended by the City Planning Commission subject to all conditions and stipulations. Refer to Resolution Book. RESOLUTION NO. 79R-682: 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. (79-80-12) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour None Roth The Mayor declared Resolution No. 79R-682 duly passed and adopted. Councilman Seymour offered Resolution No. 79R-683 for adoption granting Variance No. 3114 as recommended by the City Planning Commission subject to all conditions and requirements. Refer to Resolution Book. RESOLUTION NO. 79R-683: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3114. Before a vote was taken, the Mayor stated that with the configuration of the property and the location of Mungall Drive, he did not feel that the granting of the Variance would greatly increase the risking of health or safety of either the people who would be living in the apartment house or Mr. Newhouse's tenants. However, he did feel strongly that the Council had a responsibility to do what it could to be flexible in the approval of rental housing. The Council was on record as being opposed to rent control and if they did not want to see it come about, as suggested in the past, they needed to offer al- ternatives. They needed to increase the housing supply and, in this case, they would be adding 18 units to the rental housing supply. Councilwoman Kaywood asked Mr. Newhouse if the project were approved under the present plan, how many units of his would be affected by the noise and the exhaust fumes. Mr. Newhouse stated approximately 8 units and some of the tenants in those units had lived there since 1971. Councilwoman Kaywood stated that she was very concerned over granting the variance particularly in view of the long-term residential character of the people living in Mr. Newhouse's apartments. She did not favor creating a situation where those tenants would have to move, followed by a rapid turnover of succeeding tenants, because they permitted something that was not permitted for anybody else. She felt that they could redesign the project where perhaps.they would lose one or two units in the process. It was fine to create additional housing in the area, but she did not wish to do so at the expense of someone else who had been living there. 79-1324 City. Hall~_Anaheim, California- COUNCIL MINUTES- November 20, 1979, 1:30 P.M. Councilman Bay stated he reviewed the detailed map of the development showing 18 apartments with 36 off-street parking spaces, two per apartment. Assuming that every apartment would have two cars, those four spaces would be filled all the time. However, he did not assume that. He felt that the off-street parking provided, 32 for 18 apartments, would handle the normal parking re- quirements. He had personally viewed the development and it was on a dead- end street other than the driveway going into the Newhouse development. He did not see any major problem with the development as now proposed, and there- fore would support the resolution of approval. Councilman Overholt stated he agreed and considering the dead-end street and the fact that only four cars would be involved, the impact on Mr. Newhouse's tenants would be negligible, if at all, and thus he would support the resolution as well. The Mayor then allowed a person from the audience to speak on the matter. Mrs. Patricia Clancy, 303 North Bush, noted a similar situation on her street where parking spaces were provided in the front, but were not used. She did not know why the proposed development could not be designed eliminating those four spaces. The Mayor stated that an alternative would be to grant a variance for parking for those four stalls. Councilman Bay offered a suggestion only, that the owners mark those four spaces for visitors and they were then not necessarily to be used on a regular basis. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Bay and Seymour NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Resolution No. 79R-683 duly passed and adopted. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Bay seconded the motion. Councilman Roth was absent. MOTION CARRIED. Adjourned: 4:41 P.M. LINDA D. ROBERTS, CLERK