Loading...
1985/11/12City Hall~ Anaheim~ California - COUNCIL MINUTES - November 12~ 1985~ 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt and Roth COUNCIL MEMBERS: None CITY MANAGER: William 0. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl CITY ENGINEER: Gary E. Johnson ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti TRAFFIC ENGINEER: Paul Singer ASSISTANT EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend J. Stewart Kreiss, Canyon United Methodist Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler 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 Hospice Month," November 1985, "Children's Expo Weekend," November 15, 16 and 17, 1985. Pastor Stief and Eileen Lundgren accepted the National Hospice Month proclamation and Mrs. Kadlietz accepted the Children's Expo Weekend proclamation. 119: RESOLUTION OF SUPPORT: A Resolution of Support was adopted by the City Council to be mailed to Congressman Les AuCoin, in support of Lights for world peace during the meeting between the Leaders of the United States and the USSR in Geneva Switzerland, November 19 and 20, 1985. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented by the Mayor to Clara Eder, a resident at Walnut Manor, on the occasion of her 100th Birthday. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held October 29, 1985. Councilman Bay seconded the motion. MOTION CARRIED. 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 831 City Hall~ Anaheim, California - COUNCIL MINUTES - November 12~ 1985, 10:00 A.M. waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY: The report on financial demands was deferred to the next regular meeting. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth, seconded by Councilman Overholt, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Roth offered Resolution Nos. $5R-470 through 85R-478, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Madonna Pate for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. b. Claim submitted by Paul Lesseos for bodily injuries sustained purportedly due to actions of the City on or about June 26, 1985. c. Claim submitted by Phillip A. Schaffner for personal injuries sustained purportedly due to actions of the City on or about June 23, 1985. d. Claim submitted by J. Fraser & Associates, Inc. for damages sustained purportedly due to actions of the City on or about June 24, 1985. e. Claim submitted by James Anderson for personal injuries sustained purportedly due to actions of the City on or about June 20, 1985. f. Claim submitted by Larina Arzola, by her Guardian ad Litem Zreata Arzola, & Zreata Arzola for personal injuries sustained purportedly due to actions of the City on or about June 20, 1985. g. Claim submitted by Certified Business Supply, Inc. for damages sustained purportedly due to actions of the City on or about June 20, 1985. h. Claim submitted by Covington Technologies for damages sustained purportedly due to actions of the City on or about June 20, 1985. i. Claim submitted by April Ranae Debruyckere for for personal injuries sustained purportedly due to actions of the City on or about June 24, 1985. J. Claim submitted by Stuart Goldman dba Direct Buy Interiors for damages sustained purportedly due to actions of the City on or about June 20, 1985. 832 City Hall~ Anaheim, California - COUNCIL MINUTES - November 12~ 1985~ 10:00 A.M. k. Claim submitted by Terry Green for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. 1. Claim submitted by Donald R. Lipka and Elizabeth L. Lipka for personal injuries sustained purportedly due to actions of the City on or about June 20, 1985. m. Claim submitted by Anthony Robert Odom for personal injuries sustained purportedly due to actions of the City on or about June 22~ 1985 through June 28, 1985. n. Claim submitted by Donnell Joan Wear for personal injuries sustained purportedly due to actions of the City on or about June 20, 1985. o. Claim submitted by Alena G. Will for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. p. Claim submitted by ElizabethAnn Yffert and Oscar Joseph Yffert Sr. for personal injuries sustained purportedly due to actions of the City on or about June 20, 1985. q. Claim submitted by Christine Young and Edward Young for personal injuries sustained purportedly due to actions of the City on or about June 20, 1985. r. Claim submitted by Cathy G. Barker for property damage sustained purportedly due to actions of the City on or about September 6, 1985. s. Claim submitted by Henry Fry for property damage sustained purportedly due to actions of the City on or about August 9, 1985. t. Claim submitted by June Movius for bodily injury sustained purportedly due to actions of the City on or about July 4, 1985. u. Claim submitted by D. E. MacDonald for property damage sustained purportedly due to actions of the City on or about September 10, 1985. v. Claim submitted by Paul Egle for bodily injury sustained purportedly due to actions of the City on or about July 11~ 1985. w. Claim submitted by James Greet for property damage sustained purportedly due to actions of the City on or about September 10, 1985. x. Claim submitted by Donna King for bodily injury sustained purportedly due to actions of the City on or about August 2, 1985. y. Claim submitted by Bill McClure for property damage sustained purportedly due to actions of the City on or about August 25, 1985. 2. Approving the following applications in accordance with the recommendations of the Chief of Police: 833 City Hall, Anaheim~ California - COUNCIL MINUTES - November 12~ 1985~ 10:00 A.M. a. 108: Public Dance Permit, submitted by Nick Ramirez, for the New Generation Productions to hold a dance at the Anaheim Convention Center, November 29, 1985, from 8:00 p.m. to 1:00 a.m. b. 108: Public Dance Permit, submitted by Jesus Munoz Fries, for Empresa Frias to hold a dance at the Anaheim Convention Center, November 28, 1985, from 6:00 p.m. to 1:00 a.m. 3. 153: Authorizing an Employee Computer Purchase Plan to provide full-time employees a one-time interest free loan up to $3,000 for purchase of compatible systems or $2,000 for noncompatible systems, and allocating an amount not to exceed $100,000 from the General Benefits Fund reserves for said plan. 4. 123: Authorizing a First Amendment to Letter of Intent with Consolidated Volume Transporters, Inc., extending the term an additional 60 days pending execution of a formal agreement for acceptance of solid waste collected within the City at its transfer facility located at 2871 East Whitestar Avenue. 5. 158: Authorizing the execution of the Right of Way Certification for Broadway from Euclid Street to Empire Street, I.D. no. M-Mil2(2). 6. 123: Terminating an agreement with Arthur Andersen and Company for professional services in conjunction with preparation of a strategic plan for the City. 7. 128: Receivin8 and filing the Monthly Financial Analysis for the two months ended August 31, 1985. 8. 123: Authorizing an agreement with the Neighborhood Improvement Program of Anaheim, Inc., in an amount not to exceed $34,000 to assist in the upgrading and improvement of the apartment areas adjacent to Manzanita Park, and the apartments south of Romneya Drive along Citron Street, terminating by September 31, 1986. 9. 160: Authorizing the Purchasing Agent to issue a change order to Computer Services Company, P.O. 32497G, for an additional amount of $16,721.50 for traffic controller equipment. 10. 160/128: Authorizing an interdepartmental transfer of funds to complete Fiscal Year 84/85 closing. 11. 160: Accepting the low bid of Ted Case Painting, in the amount of $14,225, for repainting the railroad bridge at Magnolia and the Santa Aha Freeway in accordance with Bid No. 4182. 12. Accepting bids in accordance with Bid No. 4252 as follows: a. 160: Consolidated Electric Distributors in the amount of $11,922.88 for 160 each, Sangamo Type D-5, Class 200, 120 Volt, Network Polyphase meters to he consecutively numbered with City Code numbers, Item No. 1. 834 City Hall~ Anaheim, California - COUNCIL MINUTES - November 12~ 1985, 10:00 A.M. b. 160: Westinghouse Electric Corporation in the amount of $10,577.32 for 30 each, Westinghouse Type Form 16-S, Class 200, 120 Volt, polyphase meters, Item No. 2. 13. Accepting bids in accordance with Bid No. 4254 as follows: a. 160: Westinghouse Electric Corporation, in the amount of $11,798.86 for one each 150 K.V.A., three-phase fused padmount transformer, Item No. 1; and, one each 225 K.V.A. three-phase fused padmount transformer, Item 2. b. 160: General Electric Company in the amount of $10,783.38 for one each 500 K.V.A. three-phase fused padmount transformer, Item No. 3. 14. 160: Accepting the low bid of Interior Supply Company in the amount of $47,834 plus floor preparation costs to be determined, for installing hardwood flooring at Brookhurst Community Center multi-purpose room, in accordance with Bid No. 4276. 15. 160: Accepting the bid of Coast Roof Company in the amount of $102,385 to install roofing at the Central Library and Fire Department; and West Coast Roofing Company, in the amount of $95,217 to install roofing at the Police Department, in accordance with Bid No. 4278. 16. 160: Accepting the low bid of Western Mobile Equipment Company in the amount of $52,951.24 for one 50 foot aerial manlift, in accordance with Bid No. A4263. 17. 160: Authorizing the Purchasing Agent to issue a change order to Western Counties Maintenance Company, Inc., P.O. #29509-M, for an additional amount of $64,530.76 to extend janitorial services for City facilities through January 31, 1986. 18. 123: Authorizing a License for "Communication Line Across or Along Railway Property," 055000045-25, with The Atchison, Topeka and Santa Fe Railway Company, for traffic signalization of the Orangethorpe Avenue/Kellogg Drive intersection. 19. 169: RESOLUTION NO. 85R-470: A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0FANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCEAND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Large Valve Replacements in Ball Road and State College Boulevard, Account No. 52-606-6329-02842; and opening of bids on December 19, 1985) 20. 135: RESOLUTION NO. 85R-471: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTIONAND COMPLETION OF A PUBLIC WORK. (Irrigation Pumping System Refurbishment at "Dad" Miller Golf Course, Account No. 24-312-7103; and opening of bids on December 19, 1985) 21. 115: RESOLUTION NO. 85R-472: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCEAND NECESSITY REQUIRE THE coNsTRUCTION AND COMPLETION OF A PUBLIC WORK. (Civic Center 835 City Hall, Anaheim, California - COUNCIL MINUTES - November 12~ 1985, 10:00 A.M. Parking Structure Signing and Graphics, Account No. 75-252-7116; and opening of bids on December 19, 1985) 22. 159: RESOLUTION NO. 85R-474: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (WHITING-TURNER CONSTRUCTION COMPANY, INC.) (Awarding a contract to the lowest and best responsible bidder, Whiting-Turner Construction Company, Inc., in the amount of ~1,616,130, for Maintenance Department Centralization Project Phase II, Account No. 75-936-6325) 23. 169: RESOLUTION NO. 85R-475: 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 0FALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: KAT~AVENUE MEDIAN ISLAND IMPROVEMENT IN THE CITY OF ANAHEIM. (Account No. 24-799-6325-E9010, Nobest, Inc., contractor, and authorizing filing of the Notice of Completion therefor) 24. 150: RESOLUTION NO. 85R-476: 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 ANDALL 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: MANZANITA PARK KEHABILITATION IN THE CITY OF ANAHEIM. (Account No. 25-803-7103-03060, Hondo Company, contractor, and authorizing filing of the Notice of Completion therefor) 25. 160: RESOLUTION NO. 85R-477: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE AND TRANSFER1LING THE SAME TO THE CITY PURCHASING DIVISION. 26. 158: RESOLUTION NO. 85R-478: A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. Roll Call Vote on Resolution Nos. 85R-470 through 85R-478: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt and Roth None None The Mayor declared Resolution Nos. 85R-470 through 85R-478, both inclusive, duly passed and adopted. 108: ENTERTAINMENT PERMIT APPLICATION - THE ALIBI: Councilman Pickler moved to deny the subject application on the basis that the area from Broadway down to Ball Road on Brookhurst Street was having problems, that the County strip on the west side of Brookhurst was a bad area and allowing bikini clad dancers would not be helping the people in that area with the already existing problems. It would be putting more of a work load on the Police Department. Councilwoman Kaywood seconded the motion. 836 City Hall, Anaheim, California - COUNCIL MINUTES - November 12, 1985, 10:00 A.M. Before a vote was taken, Councilwoman Kaywood stated that the Alibi was already a beer bar. There was no reason to encourage the employment of bikini-clad bar maids in that business. Councilman Overholt shared the same concerns. The area was right across the street from a residential area and it was a neighborhood shopping center. He did not believe the type of activity proposed should be encouraged in that area. City Manager William Talley confirmed for Mayor Roth that the Chief of Police recommended approval since the establishment had been managed by the Honigmann's for almost a year and there was no documented law enforcement problems on file. A vote was then taken on the foregoing motion of denial of the Entertainment Permit with the finding that approval of the Permit would be detrimental to the public interest, health, safety and general welfare. Councilman Bay voted "no". MOTION CARRIED. 155: ENVIRONMENTAL IMPACT REPORT~ NEGATIVE DECLARATION - CONSTRUCTION OF SANITARY SEWER IN WILLDAN ROAD AND PLEASANT PLACE: Mr. John Schaefer, 7630 East Pleasant Place, spoke in support of the construction of the sanitary sewer noting that all 12 properties involved were also supportive and urged the Council's continued favorable action as recommended by staff. MOTION: Councilman Roth moved to approve the negative declaration for the construction of a sanitary sewer in Willdan Road and Pleasant Place, as recommended in memorandum dated October 31, 1985 from the City Engineer. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 169: BALL ROAD CIRCULATION IMPROVEMENTS: Councilwoman Kaywood asked if drip irrigation would be used in the landscaped median involved in the subject project. The matter was trailed to give staff an opportunity to respond. (10:53 a.m.) Later in the meeting (4:57 p.m.), the City Manager reported that the specifications called for drip irrigation. Councilwoman Kaywood offered Resolution No. 85R-473 for adoption. Refer to Resolution Book. RESOLUTION NO. 85R-473: 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 WORK. (Ball Road Circulation Improvements Account No. 49-794-6325-E4270-HES L060(003); and Katella/Lewis Signal Modification Account No. 49-795-6325-E5340 HESL030(009); and opening of bids on December 19, 1985) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBEES: None ABSENT: COUNCIL MEMBERS: None 837 City Hall, Anaheim~ California - COUNCIL MINUTES - November 12~ 1985, 10:00 A.M. The Mayor declared Resolution No. 85R-473 duly passed and adopted. 175/123: HAAS-KINGS RIVER PROJECT LICENSING APPLICATION AGREEMENT; AMENDMENT NO. 1: Councilman Pickler moved to authorize the Public Utilities General Manager to execute the Haas-K/ngs RIver Project Licensing Application Agreement, Amendment No. 1, with the Sacramento Municipal Utility District, the Northern California Power Agency and the cities of Azusa, Banning, Colton and Riverside, to provide for the modification of the participation shares, as recommended in memorandum dated October 31, 1985 from the Public Utilities Board. Councilman 0verholt seconded the motion. MOTION CARRIED. 179/142: ORDINANCE NO. 4668 - SALE OF ALCOHOLIC BEVERAGES IN CONNECTION WITH GASOLINE SALES: City Attorney Jack White explained that the proposed ordinance requested to be prepared by the Council added a second part to the existing Code Section setting forth the criteria outlined by the Council at the meeting of October 22, 1985 under which off-sale beer and wine would be allowed at such locations. He then answered questions posed by Council Members relative to the provisions of the proposed ordinance as well as clarifying portions of the existing Code, noting that since the subject businesses were all part of the Conditional Use Permit process, the Planning Commission or the Council would have the prerogative to deny certain permitted uses. Regarding adding a condition requiring restrooms for both men and women, he recommended that such a provision be required under a separate ordinance. He assumed the intent would be that restrooms be provided in any such mini markets in conjunction with gasoline sales whether or not they sold beer and wine. Councilman 0verholt stated he was pleased to see that, "no persons under 21 years of age shall sell or be permitted to sell any beer or wine." He surmised that meant, regardless of State provisions, the person handling the beer and wine had to be 21 years of age. Mr. White explained in researching the matter, it was his opinion there was a reasonable basis to place a 21 year age restriction on the sale of alcoholic beverages because the City was regulating such sales as a zoning use in those locations. It was not regulating the sale itself but the Joint uses of alcoholic beverages in conjunction with service stations. Councilman Bay wanted to know how Conditions b and c, under Section .020, Page 2 of the proposed ordinance were going to be enforced. These conditions called for an inventory of retail sales items exceeding $10,000 and the condition that receipts from the sale of beer and wine shall not exceed 35 percent of all retail sales during any 12 month period. City Manager Talley stated if the business was not reporting that information to the City, he did not know whether those provisions could be enforced; City Attorney Jack White explained that because a conditional use permit was involved, in order to give the entitlement of being allowed to sell beer and wine, that the permit would require the operator to agree either by a stipulation or an expressed condition that he would submit to the City records to indicate compliance with all provisions of the Code requirements including the two above mentioned sub-paragraphs. The operator would otherwise not be entitled to the use. 838 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 12, .19.85, !0:00 A.M. Councilwoman Kaywood, referring to a previous hearing, recalled that Arco had a sign, "Don't Drive Drunk." She contended a person did not have to be drunk since one drink alone could impair a person's driving. Don't Drink and Drive or Drinking and Driving Don't Mix would be truer. She would prefer to have the Council passing on the signs that would be used by the businesses; Councilman Pickler was interested in a provision where the Council could regulate signs used on the front of the store. City Attorney White reiterated that since the businesses were under a CUP, the Council may want to retain the flexibility of requiring outside signing on a case-by-case basis rather than trying to set a uniform ordinance that would say in all cases you shall display this type of sign at this location, which might not be appropriate on any one particular location where the Council could have the flexibility on an individual basis, consistent with the sign ordinance, to limit outside signing. Mr. White then clarified that the proposed ordinance was drafted specifically to apply to new applications and had no effect on existing operations. If there was an intent to apply this to existing businesses, the ordinance would need to be redrafted to, as a minimum, include an amortization period as to all existing uses to allow time in which to come into compliance with the ordinance. The City would have to give a reasonable period of time for the owners to bring their businesses into compliance. He would have to research every such CUP to determine if they were approved with a time limitation. Councilman 0verholt agreed with the concept that all such businesses should be required to comply but there might be some questions particularly if people had made large investments and it would be a substantial hardship for them to comply with the new requirements. He did not want to continue the first reading of the proposed ordinance but recommended that the matter of bringing already established businesses into compliance with the proposed ordinance be considered as a separate matter. Councilman Roth offered Ordinance No. 4668 for first reading. ORDINANCE NO. 4668: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.87.023 OF CHAPTER 18.87 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE CONCERNING SALE OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) ON SERVICE STATION SITES. The City Attorney was directed to review all CUP's previously granted (those businesses selling alcoholic beverages in connection with gasoline sales) with the intent of bringing them into compliance with the provisions of the proposed ordinance under a process that would be fair and equitable. 105: RESIGNATION FROM THE HOUSING COMMISSION: Councilwoman Kaywood moved to accept the resignation of Jacqueline G. Dvorman from the Housing Commission as tendered in her letter dated October 29, 1985 with regret. Councilman Bay seconded the motion. MOTION CARRIED. Councilwoman Kaywood wanted to acknowledge Mrs. Dvorman's dedication and the excellent Job she had done while serving on the Commission as an original 839 City Hall, Anaheim~ California - COUNCIL MINUTES - November 12, !985, 10:00 A.M. member of that Commission. She recommended that there be a Certificate of Appreciation prepared for Mrs. Dvorman. Staff was directed to prepare a Letter of Appreciation for Mrs. Dvorman commending her for her fine work to be signed by all Council Members. 105: APPOINTMENTS TO THE YOUTH COMMISSION: Appointments to the Youth Commission to fill unexpired terms to expire December 31, 1985 and December 31, 1986. City Clerk Lee Sohl stated that a request had been received from the Staff Liaison to the Youth Commission that two alternates be appointed to the Youth Commission who could then attend meetings when appointed Commissioners were unable to be present, since the Commission had experienced problems due to lack of a quorum. Jack White, City Attorney, stated the governing ordinance on the Youth Commission did not presently provide for alternates. If the Council wanted to establish a procedure to have alternates, the ordinance could be amended to allow for that. Councilwoman Kmywood nominated Christina LeNarz to fill the unexpired term of Zeke Barragan for the term ending December 31, 1985; Councilman Roth nominated Eun Joo Yim to fill the unexpired term of Carrie Gibbs for the term ending December 31, 1985. Miss LeNarz and Miss Yimwere thereupon unanimously appointed to serve the respective terms on the Youth Commission. The City Attorney was directed to prepare a modified ordinance to permit alternates on the Youth Commission. 162: REQUEST TO CONSIDER A NO SMOKING ORDINANCE: Request by Mr. Ken L. Smith, to consider adoption of an ordinance relating to smoking in public places. Mr. Ken L. Smith, 1873 West Chanticleer, Anaheim, stated due to overwhelming evidence of the second-hand smoke health hazard to non-smokers, it was time for the Council to protect those citizens by directing the City Attorney to draft a Non-smoker Protection Ordinance. He then introduced two speakers. Mr. Jay Matchett, President, Orange County Affiliate of Californian's for Non-smokers Rights, 1634 Jeffrey Drive, Anaheim, first gave the results of a poll indicating that a large majority of people do believe that smoking should be regulated in restaurants and other public places. In a survey conducted by Orange County Supervisor Ralph Clark, on Question No. 1, there was a 73 percent "yes" vote favoring the extension of the County's anti-smoking ordinances to give non-smokers the same safeguards in private buildings such as restaurants, offices and factories. He also referred to the City of 84O City Hall~ Anaheim~ California - COUNCIL MINUTES - November 12, 1985, 10:00 A.M. Anaheim's new Administrative Regulation effective November 1, 1985, providing that in any work area with more than two -persons, that there will be no smoking unless approved by all of the people in that area. Mr. Matchett then relayed other data regarding the medical evidence established on the issue of second hand smoke. He reported there were presently 40 cities who had enacted such an ordinance. Mr. Walt Bilofsky, 14478 Glorietta Drive, Sherman Oaks, Board of Directors of Californians for Non-smokers Rights (25,000) members. Medical evidence, even compared to a year ago, was now much stronger and they continued to learn more and more of the public health hazard involved. The ordinance adopted by the City of Long Beach was representative of the legislation being enacted in other cities although it had some weaknesses such as not regulating smoking in retail stores, museums and pharmacies and an exemption for small businesses, things he would urge the Council to look at to strengthen the ordinance as well as others. He concurred with Mr. Smith that the City Attorney be directed to draft an ordinance based on that adopted by the City of Long Beach. Judy Olsen, 909 Echo Place. The time has come for Anaheim to join other cities in enacting an ordinance against smoking. The health hazards to the smoker and non-smoker were well known. This is an issue that goes beyond the rights of the smoker vs. non-smoker. It involved the rights of all people and the pollution of air indoors. Mayor Roth. He was concerned as to how Government would police the provisions of such an ordinance and with Government interference especially as it affected business. He recommended that the Chamber of Commerce be asked for their input and to work with the business community and others to formulate a workable ordinance. Councilman Overholt. The issue is much broader than the se&ment of the community represented by the Chamber of Commerce. He would prefer that the Council direct the City Attorney to present to the Council a number of ordinances that had beenenacted along with that of the City of Long Beach so that the Council could then dialogue the issue. Councilman Overholt moved to direct the City Attorney to submit to the Council copies of ordinances adopted in other cities for Council consideration and dialogue with comments on what problems, if any, those ordinances create. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Pickler noted that the City Administration came up with a regulation but it did not include the Council Chamber; City 841 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 12~ 1985, 10:00 A.M. Manager Talley explained that the Council had its own policy and staff was not going to intrude on that. MOTION: Councilman Pickler stated he would like the Council to do something about the Council Chamber and today if possible. He thereupon moved that smoking be prohibited in the entire Council Chamber including at the Council dais. Councilwoman seconded the motion. Before a vote was taken, Councilman 0verholt stated he was going to vote against the motion which he felt had come "off the wall" and which was the same thought proposed to him as a potential third vote for approximately two years which, in his opinion, would be offensive to one member of the Council. If the Council ultimately decided the Chamber was going to be a prohibited smoking area but allowing smoking in the Lobby Area which was covered by the PA System and the Press Room, he would support that but would not support such a motion as proposed today without warning, and with a lack of respect. Council Members Pickler and Kaywood did not agree that it was a motion "off the wall"; Mayor Roth stated he was not going to support the motion today but felt it would be appropriate to broach the issue again when the City Attorney submitted the requested ordinances. Councilman 0verholt moved to continue the motion proposing that smoking not be permitted in the Council Chamber either by Council Members or the public excluding the Lobby Area and Press Room for two weeks to November 26, 1985. Councilman Pickler seconded the motion. Before a vote was taken, Councilman Bay stated that prohibition of smoking in the Council Chamber involved more than one Council Member. There were members of the public who spoke at Council meetings who contributed heavily to the $100,000 to $150,000 cigarette tax collected in the City annually. He was also amazed at the swiftness with which the Council was willing to move at the request of 3 people when for years at the request of 7,000 people who signed petitions against fireworks, no ordinance was considered nor was the issue put to a vote of the people. A vote was then taken on the motion to continue action on the proposal made by Councilman Pickler. MOTION CARRIED. 162/140: REQUEST FOR OUTREACH BOOKMOBILE S~RVICE - ANAHEIM INDEPENDENCIA COMMUNITY CENTER: Request by Gloria Lopez, Anaheim Independencia Community Center, that the Outreach Bookmobile Service be provided to the Center (see letter dated August 1, 1985 from Mrs. Lopez). MOTION: Councilman Roth moved to approve the concept of providing Outreach Bookmobile Service to the Anaheim Independencia Community Center and that the subject approval be submitted to Supervisor Harriet Wieder who represents the residents seeking this service together with a copy of the correspondence to Supervisor Ralph Clark with a view towards initiating discussion of such service, should Orange County be receptive to it, as recommended in memorandum dated October 28, 1985 from the Library Director William Griffith. Councilman Pickler seconded the motion. 842 City Hall~ Anaheim~ California - COUNCIL MINUTES - November /2~ 1985, 10:00 A.M. Before a vote was taken, Councilwoman Kaywood asked if the County was going to be requested to pick up the cost; Mr. William Griffith, Library Director, stated that Mrs. Lopez asked that the request only be forewarded to the County for consideration at this time. Mayor Roth stated it appeared that in all probability, Supervisor Clark was already in support and funding would be provided and this action was to initiate that request. Councilman Overholt asked if the request was with the understanding that there would be no impact on the City's Resource Allocation Plan; Mr. Griffith stated as indicated in his report, his Department could absorb a morning stop without displacement of present stops. If the conclusion was to go broader than that, it would require a reconsideration. At present, there would be no loss of revenue to the City if the County picked up their share of the costs. Mrs. Gloria Lopez, 10874 Garza. Her community had not had the privilege of Library service for some years and were hoping to get Outreach Service funded through the County but utilizing Anaheim's Bookmobile. The Council would, in their action, be requesting that of the County. The residents of the area would be the recipients of the service through the City with perhaps a one-day a week stop for a couple of hours. The day and time was not established at this point. Mayor Roth agreed it would be an excellent utilization of the existing Bookmobile and the County, under whose Jurisdiction the area was located, should share in the cost to provide for the delivery of books to the Independencia Community. Councilman Bay ekpressed his concern over setting a precedent of providing service outside of the City of Anaheim. As long as it was clearly defined that the actions would not take place unless totally funded by the County, he did not want to be a party in breaking precedent and starting to move City services outside of Anaheim's borders. Councilman R0th felt that Councilman Bay would have an opportunity to speak to the issue again. If the County said no, there would be no action and if yes, the Council would have another opportunity to act on the matter. A vote was then taken on the foregoing motion. MOTION CARRIED. 142/149: ORDINANCE NO. 4667: Councilwoman Kaywood offered Ordinance No. 4667 for adoption, amending Section 14.32.500 of the Code relating to parking restrictions to facilitate street sweeping. Refer to Ordinance Book. ORDINANCE NO. 4667: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.500 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RETATING TO PARKING RESTRICTIONS TO FACILITATE STREET SWEEPING. 843 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 12, 1985~ 10:00 A.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 4667 duly passed and adopted. 179: ORDINANCE NOS. 4669 AND 4670: Councilman Roth offered Ordinance Nos. 4669 amd 4670 for first reading. ORDINANCE NO. 4669: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE R~TATING TO ZONING. (Amending Title 18, Reclass. 80-81-18, CL, north side of Broadway, west side of Philadelphia Street) ORDINANCE NO. 4670: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RRIATING TO ZONING. (Amending Title 18, Reclass. 84-85-35, RM-1200, 533, 537 and 539 West Broadway) 115: CONSIDERATON OF MEMORIAL AT CIVIC CENTER: Councilman Pickler asked that the Council consider, for a future discussion, the establishment of a memorial to policemen and firemen in front of the Civic Center, honoring those lost in the line of duty. 139: SUPPORTING THE FAIR RESPONSIBILITY ACT OF 1986: Councilman Bay offered Resolution No. 85R-479 for adoption, supporting the Fair Responsibility Act of 1986 to lessen the inequities and injustices of the "Deep Pocket Doctrine". Refer to Resolution Book. RESOLUTION NO. 85R-479: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ENDORSING THE "FAIR RESPONSIBILITY ACT OF 1986" AND URGING ITS SUPPORT AND ADOPTION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: C0UNCILMEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-479 duly passed and adopted. Councilman Bay requested that a copy of the resolution be sent to "Taxpayers for Fair Responsibility," the organization working on this important initiative. 168: PORTION OF CLAUDINA STREET - NAME CHANGE: Councilman Bay moved to change the name of Claudina Street, the portion at Broadway and Civic Center, to 42nd Street. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Bay stated it was his idea originally to effect that change, thus 844 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 12~ 1985, 10:00 A.M. enabling the Freedman Forum Theatre, the groundbreaking for which was held November 6, 1985, to carry a 42nd Street and Broadway address. 112: CITY'S LITIGATION COSTS -ANGEL LITIGATION: Councilman Bay stated that the Council, in Closed Session had made a decision not to disclose the legal costs of litigation with the Angels. He honored that majority position, however, he felt it was only fair that the public know the decision was not a unanimous one. He wanted to publicly state his disagreement with the decision not to discuss at least the total figure of the legal cost so far incurred and that he was not a party to retaining the secrecy of those legal costs in total up to this time. He felt strongly that secrecy and a free democratic government did not mix. Councilman Pickler stated when the decision was made, he thought it was on a 5-0 vote; Councilman Overholt expressed surprise at the discussion since he did not recall anything that had been broached in the Council Chamber dealing with the subject. He suggested if there was anything to say on the matter, which involved litigation, that it be discussed in Closed Session. He considered the entire discussion out of order; Mayor Roth agreed. Councilman Bay felt the matter should be discussed. If decisions were made in Closed Session and the Council did not want to even discuss those decisions in public, he disagreed with the whole idea. If a major decision was made in Closed Session and it was not unanimous, this was the only way he knew of to make that known in public. Councilman Overholt called for a Closed Session to discuss litigation. RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held with the City's Attorney to discuss the following: a. Pending litigation - Golden West Baseball vs. City of Anaheim - Orange County Superior Court Case No. 40-92-46. City Manager Talley stated he also had a personnel matter to be discussed in Closed Session. MOTION: Councilman Roth moved to recess into Closed Session and a lunch break. Councilm~n Pickler seconded the motion. MOTION CARRIED. (12:27 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:43 p.m.) 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2695 AND NEGATIVE DECLARATION: APPLICANT: Thrifty Oil Co. 1000 Lakewood Boulevard, Downey, CA. 90240 ZONING/LOCATION/REQUEST: To permit a convenience market with gasoline sales and off-sale beer and wine on CL zoned property located at 2801 West Lincoln Avenue, with Code waiver of minimum landscaped setback. 845 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 12~ 1985, 10:00 A.M. PLANNING COMMISSION ACTION: Resolution No. PC85-175 denied Conditional Use Permit No. 2695. HEARING SET ON: Appeal of the Planning Commission's decision by the applicant. This matter was continued from the meeting of August 20, September 24 and October 29, 1985, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 9, 1985. Posting of property August 9, 1985. Mailing to property owners within 300 feet - August 9, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated July 22, 1985. APPLICANT'S STATEMENT ANDANSWERS TO QUESTIONS POSED BY COUNCIL MEMBERS: A1 Johnson, Construction Coordinator, Thrifty Oil, 1000 Lakwood Blvd, Downey. Ne first reviewed the proposed ordinance relating to the sale of alcoholic beverages in connection with gasoline sales which had its first reading at the morning Council session (see proposed Ordinance No. 4668). He was familiar with the additional conditions proposed in that ordinance. Thrifty 0il felt they were able to provide a convenience to the public not readily available in the area. The intent was to improve the appearance of the subject site including considerable additional landscaping, remodeling of an older service station building and rearranging the driveways to meet City Codes. It would be an asset to the City to have their services available and a great improvement to the site. The Company surveyed the area, checked with the Alcoholic Beverage Commission (ABC) and found that the area was not over-licensed at this time. They did not have restrooms in the facility but would provide them; they would be willing to display signs on the outside of their facility designed to discourage drinking and driving and would also require that those selling beer and wine be 21 years of age or older. Adequate people would be on the premises to handle both the sale of gasoline and merchandise. Thrifty Oil was aware of all Conditions imposed by the City Fire Marshall. The requested landscape waiver setback on Lincoln Avenue would facilitate entrance and exit to the islands. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. EXHIBITS, MATERIALS SUBMITTED: None. 846 City Hall~ Anaheim, California - COUNCIL MINUTES - November 12, 1985, 10:00 A.M. COUNCIL ACTION: Mayor Roth closed the public hearing. COUNCIL CONCERNS: Councilwoman Kaywood. Because the matter had been continued so many times, it was unfortunate that the business people who were opposed were unable to be present. There were 5 people at the Planning Commission hearing who spoke in opposition complaining about the liquor stores already in the area. (See Planning Commission hearing minutes of July 22, 1985). It is a situation where not enough attention was being paid to the already existing businesses in the immediate area. The cumulative effect of businesses selling beer and wine has a negative impact. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Roth, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Councilwoman Eaywood voted "no". MOTION CARRIED. Councilman Pickler offered Resolution No. 85R-480 for adoption, reversing the findings of the City Planning Commission but subject to all Interdepartmental Committee recommendations including restrooms (men and women) and "No Drinking and Driving" signs as well as to the provisions listed in proposed Ordinance No. 4668. Refer to Resolution Book. RESOLUTION NO. 85R-480: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2695. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth Kaywood None The Mayor declared Resolution No. 85R-480 duly passed and adopted. Councilman Pickler. Every time a similar proposal was before the Council, he was going to review it to be sure restrooms were a part of the plan. Staff should alert those applicants submitting plans that he was going to ask for restrooms. Annika Santalahti, Assistant Director for Zoning. Staff would advise applicants and indicate same in the staff report. 176: PUBLIC HEARING - ABANDONMENT NO. 84-23A: In accordance with application filed by the Santa Fe Land Improvement Co., public hearing was held on proposed abandonment of unused utility easements between Orangethorpe Avenue 847 City Hall~ Anahetm~ California - COUNCIL MINUTES - November 12~ 1985~ 10:00 A.M. and La Palms Avenue, west of Kellogg Drive and east of Manassero Street, pursuant to Resolution No. 85R-454, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated October 10, 1985 was submitted recommending approval of said abandonment. Mayor Roth asked if anyone wished to address the Council, there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The City Engineer determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Roth offered Resolution No. 85R-481 for adoption, approving Abandonment No. 84-23A as recommended by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 85R-481: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING UNUSED UTILITY EASEMENTS BETWEEN ORANGETHORPE AVENUE AND LA PALMA AVENUE, WEST OF KELLOGG DRIVE AND EAST OF MANASSERO STREET. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-481 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2709: MARTIN LUTHER HOSPITAL, INC., to permit a social rehabilitation center for chemical dependency on RM-1200 zoned property located at 1817 West Neighbors Avenue, with Code waiver of required location of parking spaces. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2709: APPLICANT: Martin Luther Hospital, Inc., 1830 West Romneya Drive Anaheim, Ca. 92803 ZONING/LOCATION/REQUEST: Martin Luther Hospital, Inc., to permit a social rehabilitation center for chemical dependency on RM-/200 zoned property located at 1817 West Neighbors Avenue, with Code waiver of required location of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC85-206 denied Conditional Use Permit No. 2709, approved negative declaration status. HEA1LING SET ON: Appeal by the applicant. 848 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 12, 1985~ 10:00 A.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin October 31, 1985. Posting of property November 1, 1985. Mailing to property owners within 300 feet - November 1, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated September 16, 1985. APPLICANT'S STATEMENT: Terry Belmont, President, Martin Luther Hospital Medical Center. The Neighbors Avenue location is the only appropriate location the Hospital has found in the last two years that will allow for a residential program in close proximity to the Hospital allowing for better use of hospital resources. The prime aspect of the social Rehabilitation Program is the residential living experience which cannot be achieved in an institutional setting. There is now a better understanding of the illness of chemical dependency and treatment methods. The "Discover Recovery" Program has been in operation in the Hospital for over 6 years. It was mow necessary to provide a residential treatment program which under the proposal can be achieved at a lower cost than that presently incurred within the Hospital, making the program accessible to more people. The orientation of the proposed center will be towards the Hospital, parking will be on Hospital grounds, and meals will be served at the Hospital facility where most of the activities in the structured program will take place. Dr. R. Keith Simpson, Co-Medical Director, Discover Recovery Program. He narrated a slide presentation which covered the Hospital's proposal to establish the subject Rehabilitation Center, the procedures involved in the Rehabilitation Program, slides of similar centers, other slides showing the surrounding area, statistics relating to the small number of those being able to avail themselves of needed treatment because of the high costs involved. The voluntary DiscOver Recovery Program offers help, hope and successful recovery for those who desire it. The Hospital is seeking an opportunity to make their proven Recovery Program more affordable to more people which can be accomplished by shortening the Hospital stay and by transfering professionally screened patients to a lower cost residential setting. The need for low cost alternatives for treatment of alcohol and drug dependency has already been spelled out by the Orange County Health Planning Council. Many major employers have already reduced their insurance coverage significantly for alcohol and drug treatment. The proposed program can reduce the daily cost from $360 to $225. Many persons who meed treatment do very well in recovery programs not hospital based. The Neighbors Avenue Residence provides a nearly perfect location. The direct access from the Hospital's existing parking lot will be simple to achieve and patients will have immediate access. 849 City Hall~ Anahetm~ California - COUNCIL MINUTES - November 12, 1985, 10:00 A.M. The residents who will be in the Rehabilitation Phase are all voluntary. They are not strangers to the neighborhood but under the program, have been jogging or walking through that neighborhood for the last 6 years. Parking and traffic patterns as well as property values will not be affected. Such facilities did not have a reputation for being a problem to neighbors or local government. The proximity to the Hospital is critical in providing lower cost care. Larry Jacobson, Program Director, Discover Recovery Program. He scheduled four meetings with the community on the Hospital premises in the evening. One meeting was well attended, one meeting with two people, another with three and another with none. Hospital representatives walked the block on two different occasions and talked to 35 people each time. Not that many people were opposed. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Ann H-mmershoi, property owner, 1745 and 1863 Neighbors Avenue (home address Rio Vista and Lincoln Avenue, Anaheim. She was speaking for tenants, merchants, owners and concerned citizens, asking that the Council sustain the unanimous decision of the Planning Commission and deny the request for Conditional Use Permit No. 2709. Crime is already a very real factor to contend with. The "half-way house" would bring more dope pushers and peddlers to the area. Patients will be placed in the Center after only 5 days at the Hospital. If they cannot make progress in their own neighborhoods, it is naive to think that placing them in an apartment complex will be a cure. Parking is a major concern. Since patients will be on the premises 24 hours a day, they will get first choice of parking. The neighborhood is a family oriented one with impressionable children. The Hospital has purchased a second unit which could house 16 more patients. Establishment of the Center will place a financial burden on the property owners in the neighborhood who depend on the income for their livelihood. It will lower property values and inhibit owners from renting to desirable tenants. Some of the present tenants stated they will leave the area if the Rehabilitation Center is allowed. On November 3, 1985, petitions were presented with 83 owners' si&natures representing 46 out of 63 properties and today 3 more signatures were submitted, all in opposition. James Strength, Property owner, 1828 West Glen (home address - 951 Glenhaven, La Habra). He attended two of the meetings at Martin Luther Hospital. Other property owners did not get notices. In the slide presentation by Dr. Simpson showing other rehabilitation 85O City Hall, Anaheim~ California - COUNCIL MINUTES - November 12~ 1985~ 10:00 A.M. centers, they failed to reveal the fact that most of those centers were located in commercial and not residential areas. He referred to the photographs previously submitted taken by him of other rehabilitation centers showing the proximity of commercial to those centers. (See Sheet entitled - Martin Luther Hospital Reference Accounts on Drug Rehabilitation Centers with pictures and map attached). Eleanor Harbin, apartment owner of property located next to Martin Luther Hospital (home address - 12691 Merrill, Garden Grove. Present tenants of the area will move if the Center is approved. Judy Catalano, owner of property at 1751 West Neighbors Avenue (home address 2375 Transit Avenue). She and her husband bought their apartment building approximately four years ago because it was in an apartment area. Had the property been in an area where a rehabilitation center was located, they would not have purchased it. It was unfair to allow the Hospital to establish a rehabilitation center in their area and an injustice to the present owners of the apartment buildings who were there first. The City Planning Commission survey of the parking areas on Neighbors Avenue revealed that the parking was congested and that Martin Luther should be turned down because of the lack of parking, and the opposition of property owners. Approximately 300 neighbors signed a petition in opposition previously submitted. Patricia Vergers, property owner of four parcels at 1746, 1764, 1778 and 1801 Neighbors Avenue (home address - 2012 East Whiting, Fullerton). They did not receive a letter inviting them to any meetings. She and her husband are in the process of fixing up their properties and weeding out problem tenants. If the two "half-way" houses are allowed, they will not be able to get desirable tenants. The 2 to 7 day hospital stay for patients is too short for a person to be detoxified. With no security guards, the area will be overrun with drug dealers as was the experience relayed to her by the person in charge of the business office of Doctors Hospital in Lakewood where a Rehabilitation Center is located on their grounds. She suggested that the Council take a poll of those present who are in opposition and in favor and ask how many were employees sent by the Hospital. Mrs. Ernest Ranallo, owner of property at 1762 Glen and 1770 Neighbors (home address - 1590 West Tedmar). Crime and drugs are prevalent in the area now and the establishment of the Center would not help that situation. Parking is a problem. The plan called for the elimination of garages to provide recreation rooms. She referred to the petitions previously submitted which contained over 300 signatures of those in opposition. She referred to 851 City Hall~ Anaheim~ California - COUNCIL MINUTES -November 12~ 1985~ 10:00 A.M. Hospital-owned property across Romneya which would be closer than the property on Neighbors with plenty of parking and which could be used. There was no reason to have the Center in a residential area. Catherine Green, owner of property at 1808 Neighbors, (home address - 1927 Elder Glen, Anaheim). They purchased the property as a good investment because the area is upgrading with new development. The Rehabilitation Center will not be an asset to the area. It should be established in a more remote and/or commercial area. SUMMATION BY APPLICANT: Larry Jacobson, Program Director, Discover Recovery Program. He answered each of the concerns expressed by those who spoke in opposition. The Center is not a "half-way" house but a treatment program. The patients are not in transition. Ail traffic will go through Romneya Drive and all parking is on Hospital premises. The second property purchased by the Hospital was not going to be used as a Rehabilitation Center but for visitors to the Hospital. Relative to the South Coast Counselling Center locations being located in commercial areas, the owner of those centers who had to leave the Chambers stated that all of his units are zoned R-i, or residential. He then submitted petitions containing approximately 756 signatures in support and two additional letters of support. Relative to the need for security guards, the Hospital was confident from their experience that the program would not be disruptive to the neighborhood. There have been no problems at other facilities as documented in the packet previously presented. The Hospital did not own the property across Romneya Drive. James Farley, Martin Luther Hospital. He gave results of research relative to property values adjacent to the South Coast Counselling Centers which did not reveal any detrimental effects on property values but instead an increase. EXHIBITS, MATERIALS SUBMITTED: Petitions and letters by Mr. Jacobson. Questions were posed and comments made by Council Members after each of the above presentations. COUNCIL ACTION: Mayor Roth closed the public hearing. COUNCIL COMMENTS/CONCERNS: Councilman Bay. As stated in the staff report of September 16, 1985 (Page 2-c - Item (16)) there are $57 surplus parking spaces on the Hospital property. The last time the Council dealt with Martin Luther Hospital at a public hearing, it was on an incursion into the 852 City Hall~ Anaheim, California - COUNCIL MINUTES - November 12, 1985~ 10:00 A.M. adjacent Anaheim Shores Development over the need for parking for the Hospital. The proposal today is another Hospital expansion into another adjacent residential area. He is concerned with hospital and commercial incursions into residential areas and is not convinced that the proposed incursion into the subject high density residential area is justified. His concern was not with the program, but where it was requested to be located. He has heard nothing that convinces him that the location had to be in a residential area. He had also seen no indication that the Hospital has sold the program or its location to the people of that neighborhood. If the neighbors have the ~mage of fear over the proposal, the image is not changing and it will have some economic impact on that neighborhood. Councilman 0verholt. The concern is not for the success of the program but the impact on the neighborhood by placing a part of the subject program in the residential area. He is looking for assurances that the fears of the neighborhood are not well founded. Councilman Pickler. He is concerned for the neighbors. Although the Council heard from the property owners, they did not hear from the tenants. If an action is permitted under a CUP, a CUP can be revoked if a problem arises. Alcohol and drug treatment is a community problem. He would like to see the people give the Hospital an opportunity to be a good neighbor. The 24-hour supervision will eliminate some of the crime and the upgrading of the property will enhance the area. Councilwoman Kaywood. One of the biggest concerns relates to parking. Under the plan, parking would be improved whereas there could be a heavy impact with a straight residential use. If the use is approved, it would have to be according to the submitted plans where the back of the property facing the alley would actually be the front facing the Hospital. There will be no parking on Neighbors Avenue and no traffic traveling through the residential area. The program is not new but 6 years old. Martin Luther Hospital would not do anything that would jeopardize their entire Hospital program or their fine reputation in the City and County. Most of the letters and petitions received are from owners not living at that location. When fears are alleviated, the owners will find that their investment will be enhanced and not degraded. She then referred to the many letters received from professionals, legislators, etc. who were in favor of the Martin Luther Program and read a portion of one received from Senator John Seymour. Councilman Roth. He is sensitive to the issue of property rights but people are fearful of the unknown. It was everyone's concern to try to do 853 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 12~ 1985, 10:00 A.M. something positive about the problems facing society today. The use is one that is permitted under a CUP and, if found to be causing problems in a residential neighborhood, could be revoked for cause at any time. He did not see the use as adding crime problems to the community. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Overholt, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman 0verholt offered Resolution No. 85R-482 for adoption, granting Conditional Use Permit No. 2709, reversing the findings of the City Planning Commission subject to all Interdepartmental recommendations and including a one-year review of Conditional Use Permit No. 2709. Refer to Resolution Book. RESOLUTION NO. 85R-482: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2709. STAFF INPUT: Jack White, City Attorney. In accordance with recent policy, the Conditional Use Permit if approved as proposed, would be for a period of one year from date of occupancy which would then necessitate a new application and hearing. Granting an additional extension without a public hearing would be a problem. If extensions are granted without giving notice to surrounding property owners, in connection with existing case law, it could be subject to judicial attack in failing to meet due process requirements. Councilman 0verholt. He was trying to avoid another public hearing and under the circumstances he would withdraw the condition that there be a one year review, but would offer a subsequent motion. A vote was then taken on the foregoing resolution granting Conditional Use Permit No. 2709 without the condition of a one year review but still subject to all Interdepartmental Committee recommendations. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth Bay None The Mayor declared Resolution No. 85R-482 duly passed and adopted. MOTION: Councilman Overholt moved to direct staff to investigate the manner in which the subject property is being handled from date of occupancy but no 854 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 12, 1985~ 10:00 A.M. later than 18 months from today and report back to the Council. Councilman Pickler seconded the motion. MOTION CARRIED. RECESS: By general consent, the Council recessed for 10 minutes. (4:05 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:15) 179: PUBLIC HEARING - VARIANCE NO. 3504: APPLICANT: Gray S. and Paula S. Kilmer, 607 South Harbor Blvd. Anaheim, Ca. 92805 ZONING/LOCATION/REQUEST: To construct a 19-unit affordable apartment complex on RM-1200 zoned property located at 220 and 224 North Olive Street, with the following Code waivers: (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage, (d) minimum floor area, (denied), (e) minimum structural setback, (denied). PLANNING COMMISSION ACTION: Resolution No. PC85-211 granted Variance No. 3504, in part, and approved an EIR negative declaration. HEARING SET ON: Review requested by Councilwoman Kaywood at the meeting of October 22, 1985. PUBLIC NOTICEREQUIREMENTS MET BY: Publication in Anaheim Bulletin October 31, 1985. Posting of property November 1, 1985. Mailing to property owners within 300 feet - November 1, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated September 30, 1985. ~3PLICANT'S STATEMENT: Hugo Vasquez, Agent. He first described the project and its amenities noting that in working with the Planning Commission and Planning Staff he, on his own, elected to drop the building four and one half feet below tt~ natural grade which is a costly item and to close off access on Olive Street, instead providing access on Santa Fe Street. Setbacks are required on three sides of the project which is unusual for an existing lot in the area. Four units or 25 percent of the project is being set aside for affordable units. His projects are of superior quality and provide more than otherwise provided under today's standards. The entire garage area below the building is covered which is far superior than having to park around the perimeter. It is well lit, offers security and has full ventilation. COUNCIL CONCERNS: Councilwoman Kaywood. The Redevelopment Commission voted against the project and also the Central City Neighborhood Council. The Commission and 855 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 12~ 1985, 10:00 A.M. Neighborhood Council are very concerned with the density of the property as well as she. She has a problem with the tandem tuck-under parking for 32 out of 48 spaces. The project is overbuilding the property. Councilman Bay. One of the main concerns is the need for providing housing in Anaheim and the needs in the Redevelopment plan for housing support. He is concerned if the City's Codes are escalating the cost of building where they do not add any size to apartments or land space for parking but where the developer has to spend $35,000 or $40,000 just to drop four and one half feet off the height. The City may be defeating its purpose in trying to develop reasonable cost housing by some Codes being unreasonable. Councilwoman Kaywood. It is significant that the Redevelopment Commission voted to deny the project by a unanimous vote and that the Planning Commission granted it in part on a split vote. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. EXHIBITS, MATERIALS SUBMITTED: None. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilwoman Kaywood offered a resolution of denial on Variance No. 3504 for the following reasons: The project is overbuilding the property, the high density, the tandem tuck-under parking, the unanimous vote of denial of the Redevelopment Commission, the opposition of the Central City Neighborhood Council and the fact that Norm Priest, Director of Community Development and Planning until that time had not testified at the Planning Commission but in this instance did so, against the project. Councilman 0verholt. Letter dated November 6, 1985 from the Chairman of the Redevelopment Commission brought to the Council's attention the 856 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 12, 1985, 10:00 A.M. STAFF INPUT: concerns of the Commission that the project would have an unfavorable impact in the Redevelopment area. He wanted input from someone who had attended that meeting. Lisa Stipkovich, Assistant Executive Director of Community Development and Planning. She attended the Commission meeting where the project was discussed and to her knowledge, nothing has changed since then. The Commission was opposed to the project when they reviewed it and asked Community Development to write a letter directly to the Council. The Commission made their comments known to the Planning Commission, but the project was approved. Usually the comments of the Redevelopment Commission are passed on to the Planning Commission instead of being forwarded directly to the Council. At their meeting, they were very adamant, that the Council be notified. Their primary objection was density and lot coverage. The Council should note that on the affordable units, the Planning Commission recommended that they remain affordable for 20 years. Council policy has been 10 years and she assumed Council Policy supercedes that of the Planning Commission and, therefore, Community Development was using 10 years. Jack White, City Attorney. Condition No. 9 of the resolution adopted by the Planning Commission specified 20 years on affordable units. If the Council approved the project, any change to that Condition should be made at the time of approval. Annika Santalahti, Assistant Director for Zoning. In the interim between the Redevelopment Commission meeting and the Planning Commission hearing, the five waivers originally requested were revised and waivers (d) minimum floor area and (e) minimum structural setback are both deleted by the revised plans. The floor area now complies with Code and the structural setback was eliminated. That the applicant dropped the building one half a story did not have a significant impact except the overall height was modified somewhat. The colored rendering posted on the Chamber wall showing turrets does not match the elevation approved by the Planning Commission in that there were no turrets shown on the corners and the center. The approved Exhibit does have a 3-story part and a 2-story part. It is not as it appears in the colored rendering as a continuous roof line. The posted rendering did not represent the project according to the approved Exhibit. Councilman Overholt. He was concerned about the unanimous vote of denial by the Redevelopment Commission. He wanted the matter continued one week to see if it would bring about a clearer understanding of the issue. 857 City Hall~ Auaheim~ California - COUNCIL MINUTES - November 12~ 1985~ 10:00 A.M. Mr. Vasquez. He was concerned about a continuance because it costs him $4,000 a month to carry the project. A vote was then taken on the Resolution of Denial. AYES: NOES: A~SEN~: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEHBERS: Xaywood and Overholt Bay, Pickler and Roth None Councilman Roth offered Resolution No. 85R-483 for adoption, granting Variance No. 3504, subject to City Planning Commission conditions with an amendment to Condition No. 9 with rental controls for the affordable units of not less than 10 years and that turrets shall be constructed as shown on the colored drawing now marked Exhibit No. 5. Refer to Resolution Book. RESOLUTION NO. 85R-483: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING IN PART, VARIANCE NO. 3504. Before a vote was taken, Councilman Overholt stated although seemingly inconsistent, he was going to support the resolution but is concerned about the mixed signals coming out of the Redevelopment Commission. A vote was then taken on the foregoing Resolution of Approval. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth Kaywood None The Mayor declared Resolution No. 85R-483 duly passed and adopted. the mOtion. Councilwoman Kaywood. She wanted the Council to receive an explanation as to the Redevelopment Commission's stand on the unanimous vote to deny this project. Councilman Roth moved to adjourn. Councilman Pickler seconded MOTION CARRIED. (5:00 p.m.) LEONORA N. SOHL, CITY CLERK 858