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1987/02/17City ffoll~ Anaheim, California - COUNCIL MINUTES - February 17, 1987~ 10:00 A.M. PRESENT: ABSENT: VACANCY.' PRESENT: COUNCIL MEMBERS: None COUNCIL MEMBERS: Hunter Pickler, Kaywood and Bay COUNCIL MEMBERS: One ASSISTANT CITY CLERK: Ann M. Sauvageau The Assistant City Clerk called the regular meeting of the Anaheim City Council to order at 10:00 a.m. and adjourned to 12~00 p.m. due to lack of a quorum, Adjourned: 10:01 a.m. LEONORAN. SOHL, SECRETARY By Assistant Secretary City Hall~ A, uheim~ California - COUNCIL MINUTES - February 17, 1987~ 12:00 Noon The City Council of the City of Anaheim met in regular session. PRESF~NT ABSENT: VACANCY PRESENT COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay COUNCIL MEMBERS: None COUNCIL MEMBERS: One CITY MANAGER: William 0. Talley CITY ATTORNEY: Jack White CITY ~.mRK: Leonora N. Sohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti CODE ENFORCFR/ENT SUPERVISOR: John Poole FIRE MARSHAL: Hike Dory CIVIL ENGINEER - OFFICE: Jay Titus A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:30 p.m. on February 13, 1987 at the Civic Center front lobby window, containing all items as shown herein. Hayor Bay called the meeting to order and welcomed those in attendance to the Council meeting. REQUEST FOR CLOSED SESSION: City Attorney JackWhite requested a Closed Session to consider the following items: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; City of Anaheim vs. Orange County Board of Supervisors, relative to potential Jail sites in Anaheim, Case No. 50-96-78. 120 Cit7 Hall~ Anahetm~ California - COUNCIL MINUTES - Februar7 17~ 1987~ 1:30 P.M. b. Labor relations matters - Government Code Section 54957.6. and approve certain resolutions relating to Letters of Understanding between the City of Anaheim and Anaheim Firefighters Association, Local 2899. c. Personnel matters - Government Code Section 54957.6. d. Potential litigation pursuant to Government Code Section 54956.9(c). Councilwoman Kaywood moved to recess into Closed Session. Councilman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. (12:09 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (2:00 p.m.) INVOCATION: Reverend Raymond Wade, Grace Lutheran Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: CERTIFICATE OF SPECIAL ACHIEVEMENT: Mr. Norm Priest, Director of Community Development and Planning, presented to the Council the Certificate of Special Achievement awarded to the City by the Department of Health, Education and Urban Development (HUD) in recognition of outstanding leadership in promoting the development of effective public/private partnerships especially through the support of Minority Business Enterprises. It was something staff had worked hard for and it involved not only Departmental staff, but also the City's Engineers, Public Works, Parks and Recreation and other departments throughout the City. He then asked that Lisa Stipkovich, Assistant Executive Director of Community Development and Linda Ureno, Community Relations Specialist, to Join him in the presentation since their efforts contributed greatly in the City having been presented with the award. Mayor Bay, on behalf of the Council, expressed his pleasure that the City had received the award, especially that HUD had seen fit to give credit where it was due. He asked that the Certificate be hung in the City's Housing Department. PROCLAMATIONS: The following proclamations were issued by Mayor Bay and authorized by the City Council: Dental Health Month in Anaheim, February 1987, American History Month in Anaheim, February 1987. The Dental Health Month proclamation was accepted by Dr. Peter Strand and the American History Month proclamation by Pearl Ann Kulczynski. MINUTES: Approval of the minutes was deferred to the next regular meeting. 121 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 17~ 1987~ 1:30 P.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,558,618.89, in accordance with the 1986-87 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 87R-43 through 87R-46, 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 Darlene R. Baro for bodily injury sustained purportedly due to actions of the City on or about January 28, 1987. b. Claim submitted by Teresa Arlette Cox for personal injury sustained purportedly due to actions of the City from September 13, 1986 through December 22, 1986. c. Claim submitted by Joyce F. Dalka for personal injury sustained purportedly due to actions of the City from September 13, 1986 through December 22, 1986. d. Claim submitted by Barbara Siegert for personal injury sustained purportedly due to actions of the City from September 13, 1986 through December 22, 1986. e. Claim submitted by Robert L. Blackford Sr. for bodily injury sustained purportedly due to actions of the City on or about November 16, 1966. f. Claim submitted by Marie Faustina for property damage sustained purportedly due to actions of the City on or about December 11, 198§. h. Claim submitted by Javier BaraJas for personal injuries sustained purportedly due to actions of the City from September 3, 1986 through September 24, 1986. i. Claim submitted by Luis BaraJas for personal injuries sustained purportedly due to actions of the City from September 3, 1986 through September 24, 1986. 122 City Hall~ Anaheim, California - COUNCIL MINUTES - February 17~ 1987~ 1:30 P.M. J. Claim submitted by Luis BaraJas, Jr. for personal injuries sustained purportedly due to actions of the City from September 6, 1986 through September 24, 1986. k. Claim submitted by Carmen Cervantes for personal injuries sustained purportedly due to actions of the City from September 6, 1986 through September 24, 1985. 1. Claim submitted by Alfonso Gomez for personal injuries sustained purportedly due to actions of the City from September 3, 1986 through September 24, 1986. m. Claim submitted by Fermin Gonzalez for personal injuries .sustained purportedly due to actions of the City from September 3, 1986 through September 24, 1986. n. Claim submitted by Jesus Gutierrez for personal injuries sustained purportedly due to actions of the City from September 3, 1986 through September 24, 1986. o. Claim submitted by Eliodoro B. Madrigal for personal injuries sustained purportedly due to actions of the City from September 3, 1986 through September 24, 1986. p. Claim submitted by IrineoMarquez for personal injuries sustained purportedly due to actions of the City from September 3, 1986 through September 24, 1986. q. Claim submitted by Robert Murillo for personal injuries sustained purportedly due to actions of the City from September 3, 1986 through September 24, 1986. r. Claim submitted by Ruben Nunez for personal injuries sustained purportedly due to actions of the City from September 11, 1986 through September 24, 1986. s. Claim submitted by Mario Reyes for personal injuries sustained purportedly due to actions of the City from September 3, 1986 through September 24, 1986. t. Claim submitted by Pedro Vasquez for personal injuries sustained purportedly due to actions of the City from September 3, 1986 through September 24, 1986. u. Claim submitted by Rafael Vasquez for personal injuries sustained purportedly due to actions of the City from September 3, 1986 through September 24, 1986. v. Claim submitted by Miguel Zepeda for personal injuries sustained purportedly due to actions of the City from September 3, 1986 through September 24, 1986. 123 City Hall~ Anaheim, California - COUNCIL MINUTES - February 17, 1987~ 1:30 P.M. Claims filed against the City - Recommended to be Accepted: w. Claim submitted by Tina Johnson for property damage sustained purportedly due to actions of the City on or about January 7, 1987. x. Claim submitted by Charles M Cottle for property damage sustained purportedly due to actions of the City on or about January 20, 1987. y. Claim submitted by Priscilla Nielsen for property damage sustained purportedly due to actions of the City on or about December 22, 1986. 2. Receiving and filing the following correspondence: (on file) a. 105: Project Area Committee - Alpha, Minutes of meeting held January 27, 1987. b. 105: Public Utilities Board Meeting of January 16, 1987. c. 105: Minutes of Industrial Development Board meeting of September 10, 1986. 3. 179: Granting a one-year extension of time to Reclassification No. 73-74-9, retroactive to November 6, 1986, expiring November 6, 1987. (Property located at 305 North Brookhurst Street, rezoning is from RS-A-43,000 to CL, originally approved by the City Council on 11-06-73.) 4. 128: Authorizing the Mayor to sign letters directed to the City's elected representatives in Washington, communicating the City's position on the 1986 Tax Reform Act, with respect to the City's ability to issue tax-exempt obligations. 5. 151: Authorizing the Mayor and City Clerk to execute an Encroachment License Agreement with 198 Associates to allow for installation of a directional sign on the northwest corner of Broadway and 42nd Street (Willdan Building lot). 6. 151: Authorizing the Mayor and City Clerk to execute an Encroachment Permit for conduit to accommodate phone and computer cables under Armando Street to connect 1111 North Armando Street with the building at 1114 North Armando Street. (No. 86-8E) 7. 123: Waiving Item 3 of Council Policy No. 401, and authorizing the execution of an agreement with PRC, Inc. in the amount of 353,210 for preparation of an Environmental Impact Report on the Critical Intersection General Plan Amendment 210. 8. 149: Authorizing two staff positions for the Anaheim Parking Authority consisting of a Parking Director and an Admintstrative Aide. 106/149: Appropriating ~29,400 from Council Contingency Fund, (24-101-6787), to the Anaheim Parking Authority for salary, legal and consulting service COSTS. 124 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 17~ 1987~ 1:30 P.M. 9. 123: Authorizing the First Amendment to an Agreement with C0MC0 Management, Inc., at a pro-ratable monthly cost of 516,500, to continue workers' compensation third-party claims administration services on a month-to-month basis. 10. 123: Authorizing the First Amendment to Agreement with Turning Point Family Services Program, Inc., to provide for hiring of two full-time workers, in lieu of one full-time and two part-time for youth outreach services. 11. 175/123: Waiving City bidding procedures in connection with replacement of existing Well Nos. 30, 31 and 32 into the Linda Vista Reservoir as delineated in an agreement with Mobil Oil Corporation. 12. 170/123: Approving a Reimbursement Agreement with Trider Corporation to provide special water facilities constructed to serve Tract No. 10974 in Anaheim Hills. 13. 160: Accepting the low bid of Woody Chevrolet, in the amount of 5~0,971.02, for three passenger type vans, in accordance with Bid No. A-~08. 14. 160: Accepting the low bid of Woody Chevrolet, in the amount of 5105,750.24 for four 3/4 ton pick-ups and five 3/4 ton cab/chassis, in accordance with Bid No. A-4383. 15. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation, in the amount of 5202,185.80 for upgrading the Police Department to a Wang VS85 system plus five PC's and software. 16. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Anaheim Public Improvement Corporation, in the amount of 512,100 for LEADS System computer software and 1 year maintenance. 17. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of 523,349.66 for one gas powered sweeper for the Convention Center. 18. 160: Authorizing the Purchasing Agent to issue a change order to the Anaheim Public Improvement Corporation, in connection with Purchase Order No. 39971-M, for an additional amount of 5742.00 bringing the revised total order for one (1) 3-5 Ton Static Vibrating Roller to 520,315.96. 19. 158: RESOLUTION NO. 87R-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DEDICATING CERTAIN CITY-OWNED PROPERTY TO PUBLIC ROAD PURPOSES. (C.P. NO. 298-4) (Dedicating certain city-owned property to public road purposes - LaFalma Avenue east of Weir Canyon Road to City boundary) 20. 175: RESOLUTION NO. 87R-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE ANDNECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Utility Service Center Storage Bins, Account No. 50-153-6340-00322 and opening of bids on March 19, 1987, 2:00 p.m.) 125 City Hall~ Amaheim~ California - COUNCIL HINUTES - February 17~ 1987~ 1:30 P.M. 21. 169: RESOLUTION NO. 87R-45: 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. (Royal Oak Road Street Improvement, Account Nos. 17-792-6325-E2190 and opening of bids on March 19, 1987, 2:00 p.m.) 22. 000/102: RESOLUTION NO. 87R-46= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 84R-197 RELATING TO COUNTY OF ORANGE ANIMAL CONTROL FEES. (Amending Resolution No. 84R-197 relating to County of Orange Animal control fees, effective upon adoption) Roll Call Vote on Resolution Nos. 87R-43 through 87R-45: AYES: COUNCIL HEMBERS: NOES: COUNCIL HEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution Nos. 87R-43 through 87R-45, both inclusive, duly passed and adopted. Roll Call Vote on Resolution No. 87R-46: AYES: COUNCIL HEHBERS~ NOES: COUNCIL MEMBERS: ABSENT: COUNCILHEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter and Kaywood Bay None One The Mayor declared Resolution No. 87R-46 duly passed and adopted. End of Consent Calendar Items. 175: SOUT~RRN CALIFORNIA GAS COMPANY - NOTICE TO CUSTOMERS OF FILING AN APPLICATION BEFORE THE PUBLIC UTILITIES COMMISSION (PUC) TO INCREASE RA~ES TO CERTAIN CUSTOMER CLASSES: Southern California Gas Company (SoCal Gas) - filed Application - No. 87-01-033 with the PUC to change rates to implement rate design principles. On January 23, 1987, SoCal Gas also filed with the PUC a petition for modification of Decision Nos. 84-12-069, 85-12-076 and Resolution No. ALJ-151 (~ee petition for modification of Decision Nos, §4-12-0§9, 85-12-076 and Resolution No. ALJ-151 - on file in the City Clerk's Office). Mayor Bay stated it is his understanding that SoCal Gas is projecting heavy increases for residential customers in the subject filing before the PUC. He opposes any concept other than cost of service allowing residential rate increases as high in some cases up to 16% to subsidize industrial accounts for the Gas Company. He proposed that the Council send a letter to the PUC on the filings opposing the proposed action by SoCal Gas. Councilman Bay thereupon moved to direct the Intergovernmental Relations Officer to send letters to the PUC opposing the proposed residential increases by Southern California Gas Company. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 126 City Hall~ Anahetm~ California - COUNCIL MINUTES - February 17~ 1987~ 1:30 P.M. 175/123: THIRD AMENDMENT TO AGREEMENT - VOLT ENERGY SYSTEMS INC. - CONSERVATION SERVICES: Councilman Bay moved to authorize the Third Amendment to A~reement with Volt Energy Systems, Inc., for energy audits and conservation support services, extending the term to January 31, 1988, as recommended in memorandum dated February 6, 1987 from the Public Utilities Board. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 105: ACCEPTING RESIGNATIONS FROM THE COMMUNITY REDEVELOPMENT COMMISSION: Councilwoman Kaywood moved to accept with regret the resi~nation of Joanne Stanton and Herb Leo from the Community Redevelopment Commission as tendered in their letters of January 31, 1987 and February 10, 1987 respectively and direct the City Clerk to post notices of the unscheduled vacancy. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. Councilwoman Kaywood asked that a letter of thanks and regret be sent to Mrs. Stanton and Mr. Leo. She noted that Mr. Leo had served on the Commission for many years from its inception. She also noted that Mrs. Stanton in her letter requested, "that there be a means by which not only the Conflict of Interest be determined but also the issue of incompatibility of office prior to the seating of a member on any of the Commissions.' She (Kaywood) agreed with that and asked that staff look into that issue. City Attorney, Jack White, explained that Mrs. Stanton was contacted and his office felt those types of questions should be addressed to the Attorney serving the School Board since she is a member of the Anaheim Union High School District Board and since that is where the incompatibility would arise. Mrs. Stanton did that, but not until after she accepted the position on the Redevelopment Commission. It is his intention to continue advising both potential candidates, and for those who do not request his advice would after appointment alert them to possible problems in this area. Councilwoman Kaywood stated the issue would not have arisen except for the potential Katella Redevelopment Project Areal Mr. White explained that was not correct. The issue is whether holding office as a Redevelopment Commissioner is inherently incompatible with serving on the Board of Trustees of the School District. The only legal issue is whether it is possible that those boundaries can overlap at any given point and that would occur whether or not there was an existing project or possibly a potential project. Ihe issue is anything within the City limits and it relates to any School District. 105: ADOPTING PROCEDURES AND RULES RRI.ATING TO PUBLIC MEETINGS - COMPLIANCE WITH REVISIONS OF THE BROWN ACT: Councilman Bay moved to approve the Resolutions submitted by the Planning Commission, Public Utilities Board, Library Board and Golf Course Advisory Commission setting forth procedures and rules for posting of agendas and conduct of meetings of said Boards and Commissions, bringing same into compliance with revisions to the Brown Act contained in Chapter 641 of the 1986 Statutes of the State of California. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. 148: STATE LEAGUE OF CALIFORNIA CITIES PROPOSED DUES INCREASE: Submitted was memorandum dated January 12, 1987 from the President of the State League of California Cities reporting that the League of California Cities Board of 127 99 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 17~ 1987~ 1:30 P.M. Directors unanimously voted to propose a 6% increase in dues (memo on file in the City Clerk's Office providing extensive data relative to the League's financial condition and the effect of the proposed increase). Councilman Pickler moved that the Council support the proposed 6% dues increase of the State League. Councilwoman Kaywood seconded the motion. Vacancy. MOTION CARRIED. One 113: APPROVAL OF RETENTION SCHEDULES - CITY COUNCIL - CITY CLERK - DATA PROCESSING AND AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS: Councilman Pickler moved to approve Retention Schedules for Programs 101 - City Council, 132, 133 and 134 - City Clerk, and 381-385 - Data Processing, as recommended in memorandum dated February 11, 1987 from the City Clerk, Leonora Sohl, with the Schedules attached. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. Councilman Pickler offered Resolution No. 87R-47 for adoption, authorizing the destruction of certain City records. RESOLUTION NO. 87R-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87R-47 duly passed and adopted. INN AT THE PARK - PROPOSED THIRD AMENDMENT TO LEASE AGREEMENT: Consideration of the proposed Third Amendment to the Lease agreement with the Inn at the Park, as requested by Hotel Systems International/Anaheim Hotel Associates. This matter was continued from the meetings of December 30, 1986 and February 3, 1987, to this date (see minutes those dates). Submitted was memorandum dated February 9, 1987 from Mr. George Ferrone, Finance Director, stating that Mr. Clayn Smith, Vice President of Planning, Hotel Systems International (HSI) contacted him and requested that the Council be advised that HSI is withdrawing their request for a Third Amendment to their existing Lease Agreement. MOTION: Councilwoman Kaywood moved to accept the withdrawal of the proposal of HSI which requested a ThirdAmendment to their Lease Agreement. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. 114: COUNCIL VACANCY: Councilman Pickler stated, if the Council would like to consider an appointment to the vacant Council seat, Mr. Herb Leo was present in the Chamber audience whose name was previously placed in nomination. Mr. Leo has agreed to serve on the Council for the term ending November of 1988 if so appointed. 128 City Hall~ Anaheim, California - COUNCIL MINUTES - February 17~ 1987~ 1:30 P.M. No action was taken by the Council. 144: OPPOSITION TO JAIL SITE IN THE ANAHEIM HILLS AREA: Councilman Hunter reported that further meetings had been held in Anaheim Hills relative to the possibility of a Jail being built in either the Gypsum or Coal Canyon area. A group similar to the present Jail Action Committee who is working to prevent a Jail from being built at the Douglass/Katella site, is also being formed. It appears if citizens do not stand up and unite, there may be two Jails in Anaheim, one a near-term facility and another long-term. The Council is adamantly opposed to any Jails being built. On February 24, 1987, another general meeting will be held at the Century 21 Office (Hill Top Realty) at 7:30 in Anaheim Hills at the old Alpha Beta Shopping Center and the Council is invited to attend. He had personally invited Supervisor Don Roth. A large turnout is expected. Councilwoman Kaywood referred to the letters residents keep sending to the Council relative to the Jail site issue. She suggests that their efforts could better be spent in contacting the Board of Supervisors. The Council is, and has been unanimously on record for many years as being opposed to a Jail site in the Gypsum and Coal Canyon area as well as the new site selected by the County at Douglass and Katella. Further, it is not a City Council decision but a decision that will be made by the Orange County Board of Supervisors. 119: CONDOLENCES TO CITY TREASURER MARY TURNER: Councilwoman Kaywood asked that staff prepare a Letter of Condolence to be sent to City Treasurer Mary Turner, signed by all Council Members on the passing of her mother. 114: COUNCIL VACANCY -APPOINTMENT OF A 5THMEMBER: Councilwoman Kaywood asked that consideration of appointment of a 5th Member to the Council be placed on the agenda next week to act on the nomination of Herb Leo as an appointee to the Council for the period ending November, 1988 when the next scheduled General Municipal Election will be held. She would also like to add two nominations to the 21 other names previously submitted in nomination - Beth FuJishige and John Shanahan. Mayor Bay stated as he understood, the vacancy will be agendized next week; City Clerk Sohl stated she was prepared to present the Resolutions calling for a Special Election at the meeting of February 24, 1987. Mayor Bay asked if the Council had to add something else besides the Resolutions; City Attorney White stated if all that is on the agenda is an option of the two resolutions, that would not be sufficient but staff can add the appointment of a 5th Council Member as an agenda item. Mayor Bay stated he believes that is the wish of the Council, that action be started relative to the Special Election but also that they leave the door open for nominations for appointment on that date. Council Members Hunter and Pickler agreed. RECESS: Councilman Bay moved to recess until public hearing time at 3:00 p.m. Councilman Hunter seconded the motion. One Vacancy. MOTION CARRIED. (2:47 p.m.) 129 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 17~ 1987~ 1:30 P.M. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (3:11 p.m.) 179: PUBLIC HEARING - TERMINATION OR MODIFICATION OF CONDITIONAL USE PERMIT NO. 1703AND CONDITIONALUSE PERMIT NO. 2525: The hearing on both Conditional Use Permits was initiated by the Anaheim City Council to (1) consider termination or modification of Conditional Use Permit No. 1703, to permit resource recovery and recycling operations on approximately 6.4 acres located at the southeast corner of Frontera Street and Newkirk Road, with the following Code waivers: (a) minimum front setback, (b) required block wall; and (2) consider termination or modification of Conditional Use Permit No. 2525, to permit resource recovery and recycling operations including an automobile dismantling business with wholesale and retail sales of auto parts on property located at 3200 East Frontera Street, both relating to Orange County Steel Salvage. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 8, 1987. Posting of property January 9, 1987. Mailing to property owners within 300 feet - January 9, 1987. STAFF INPUT: See Staff Report from the Community Development and Planning Department dated January 13, 1987, recommending that the Council terminate Conditional Use Permit Nos. 1703 and 2525, pursuant to provisions of Anaheim Municipal Code Section 18.03.092. This matter was continued from the meeting of January 20, 1987, to this date. Mayor Bay opened the public hearing and asked to bear from the applicant. City Attorney White interjected and stated that this is a request for termination initiated by the City rather than the applicant/property owner initiating the hearing. It is, therefore, his recommendation that the first report be presented by the City. Staff would then allow Mr. Farano or his witnesses, representatives or the property owner to respond to the material presented by the City staff and not the other way around. Mayor Bay stated his thinkin~ was alonS the lines of any requests for continuances, If that were a possibility, he wanted to know at the outset. Floyd Farano, Farano & Kieviet, attorney representing the respondent Orange County Steel Salvage (OCSS), Mr. George Adams. Mr. Adams is requesting a continuance of the hearing until some time after March 12, 1987. On February 6, 1987, OCSS entered into a Temporary Restraining Order (TRO) with the State Department of Health Services (DHS) and the Attorney General whereby OCSS would perform certain acts including the transportation of shredder waste from the subject premises as it was generated commencing December 29, 1986. A hearing on the Consent Decree had been set by the Court in February and is now continued to March 12, 1987, wherein the Court will hear 130 Cit7 Hall~ Anaheim~ California - COUNCIL HINUTBS - Februar7 17~ 1987~ 1:30 P.M. evidence and rule upon a Show Cause Order why the operation should not be ordered to cease and desist. OCSS has proposed a settlement for a Consent Decree and has delivered that request to the Attorney General's Office and is awaiting a decision relative to that document. In the meantime, OCSS has transported all of the automobile shredder waste generated since December 29, 1986 from the property to other locations which through February 12, 1987 totals 1,928 tons. Laboratory tests of the waste have also been conducted and results indicate PCB's of less than 50 Parts Per Million (ppm). The waste is being legally transported from the site. Copies of manifests evidencing the removal together with the laboratory tests have been delivered to the City's Code Enforcement Supervisor, John Poole, and will be continued on a weekly basis. Mr. Farano then reported on the actions set in place by OCSS and the DHS to solve the future and overall problem of the disposition of the remainder of the shredder waste which has accumulated on the property over a period of time. In concluding, he stated that it would be in the best interest of the public at large to have the hearing today continued to allow OCSS to continue to operate until such time as the Court further acts on March 12, 1987. In the meantime, there is no problem regarding the safety or health of the general population since the tests that have been taken have concluded that there is no danger of chemicals, PCB's or other substances leaching into the ground or escaping into the atmosphere. He requested on behalf of OCSS that the hearing be continued until after Hatch 12, 1987. Councilwoman Kaywood posed a line of questions to Mr. Farano following which Councilman Hunter asked to hear from the State's Attorney who was present in the Chamber audience. Don Robinson, Deputy Attorney General, State of California Department of Justice, Office of the Attorney General, 3580 Wllshire Blvd., Los Angeles, Ca. 90010. He has handled the subject case since September of 1986 and filed the complaint against 0eSS in October of 1986, asking for an injunction against the Company. The State is asking that a Remedial Investigation and Feasibility Study be prepared in order to characterize the problem at the site, identifying the hazardous substances found and then discuss a series of measures that will handle the problem. Subsequently, the Remedial Action Plan is formulated outlining how the problem will be handled and implementation of the remedy selected. The complaint filed asks for OCSS to begin to operate according to that schedule. He then explained that the scheduled hearing was one of temporary injunction and elaborated on some of the measures that had to be performed by OCSS to protect the public in the interim. Both the State and OCSS have prepared what they consider a settlement offer to solve the issue but those documents are not the same. OCSS has not agreed to the State's solution; likewise, the OCSS 131 9.5 Cit[ H,11~ Anaheim~ California - COUNCIL MINUTES - Februar[ 17~ 1987~ 1:30 P.M. solution has not been agreed to by the State. The matter is still under discussion and he cannot say with certainty that there will be a settlement of the matter by March 12, 1987. If after further discussions a stalemate is reached, it is likely that there will not be a continuance of the hearing in which event the State will ask the Court to give them everything they want - a temporary injunction that will eventually go to a permanent injunction. Mr. Robinson also reported upon further questioning that the owner-operator is ultimately responsible for the removal of the waste. There is a State Superfund set aside for toxic waste clean-up. If the State has to spend Superfund money, it is then his responsibility to sue the responsible parties to get the money back. He has heard a figure of approximately 318 million for clean-up. The DHS nor the Attorney General's Office has taken any position on whether the Conditional Use Permits should be revoked by the City. Whether OCSS stays open or is closed down does not have a bearing on what the State intends to do. The State will proceed with the hearing if it becomes necessary and that will not change if OCSS should shut its doors tomorrow. Councilwoman Kaywood reiterated her concerns that if businesses such as OCSS can no longer operate, the resultant problem will be thousands of abandoned vehicles on City streets. She is also concerned that PCB's are still present in automobile components and questioned why they are still in use at the source. Councilman Pickler spoke against the requested continuance. The violations of the CUP's have not stopped and every time OCSS asks for a continuance they are given one. The PCB's are still present and it is only since January the Company has started to remove shredder waste. OCSS is taking advantage of the City and the people of Anaheim. It was time to close the business down until the PCB's are eliminated as well as the material that creates it. He emphasized as he did many times before that if OCSS stopped shredding until the problems were resolved, he would be agreeable to that. Councilman Hunter asked to hear from staff before making a decision. He was concerned that nothing had been done sooner relative to OCSS. The City was now in a sttuationwhere the State finally stepped in and filed a lawsuit and OCSS was finally doing something. No new shredder waste was being generated containing high PCB's and thus, it was able to be transported off the property. The State and OCSS were also working out some plan to eliminate the shredder waste that has accumulated over a long period of time. OCSS was now asking for 23 more days at which time the DHS and OCSS may come to a final settlement of the problem. If the permits are terminated today, he is concerned Mr. Adams and OCSS will walk away from the situation leaving 50,000 tons of contaminated shredder waste 132 Cit7 Hall~ Anahetm~ California - COUNCIL MINUTES - Februar7 17~ 1987~ 1:30 P.M. behind and the taxpayers will ultimately have to pay the horrendous bill for clean-up. Someone told him it would cost ~8 million and today he heard $18 million. If some type of resolution can be worked out perhaps there is merit in waiting 23 more days. If staff says that there are PCB's leaching into the water system or other such problems, then the Council will have no choice in the ~tter. Mayor Bay pointed out that OCSS made many attempts to remove the shredder waste pile and were stymied and stopped in every direction. If OCSS is shut down it will (1) cut off their income - income which can be used to eventually solve the problem and, (2) stop taking abandoned cars off the street, a concern expressed many times by Councilwoman Kaywood and a concern of his as well. The most healthy action taking place is the negotiation going on between the DHS and OCSS. City Attorney, Jack White. He advised Council there are certain expert witnesses who are present to testify in support of City staff's recommended course of action. He does not know if they will be available to come back on a future date. An alternative is to commence the hearing today, allow staff, through its witnesses, to make its presentation and then consider the issue of a continuance after staff makes its presentation. John Poole, Code Enforcement Supervisor. Mr. Robinson was his first witness and he has already made his presentation. The second witness is John Casey of DHS. John Casey, Associate Hazardous Materials Specialist, State of California Department of Health Services, Toxic Substances Control Division, 107 So. Broadway, Rm. 7011, Los Angeles, Ca. 90012. He answered questions posed by Council Members. He does not feel that site characterization and the scientific data that has been provided to the State thus far has indicated that the waste on the property is hazardous or not hazardous to the groundwater or community surroundin$ the site. He has not reviewed the data on the tests performed by OCSS. What he has seen does not appear to adequately address the potential for groundwater contamination. The State will ask the contractor to prepare a Remedial Action Plan. He emphasized that he cannot make a determination at this time based on the data he has seen that the site poses a great risk to the community relative to the "fluff pile." Relative to the groundwater or soil contamination, there is lack of evidence through lack of research. It has not been proven that off-site migration of contaminants has occurred; however, there is concern that might be happening, the concern of the State is that there is illegal accumulation of hazardous waste on the site. 133 City Hall, Amaheim~ California - COUNCIL MINUTES - February 17~ 1987~ 1:30 P.M. Don Robinson. He clarified PCB waste and lead contaminated waste in the form found on OCSS property is hazardous waste. No business can operate a hazardous waste facility without a permit. OCSS is not complying with the very detailed regulations that are in place under California Law relative to hazardous waste. OCSS is an existing hazardous waste facility not permitted by the State of California. The March 12, 1987 hearing will not have the effect of giving OCSS a permit or License from the State to continue to store waste on the property. Mr. Robinson then explained that there are two facilities in California (Kettlemann, Casmalia) that accept PCB contaminated waste. Under the temporary injunction, it would require OCSS to remove the waste to such a facility in the interim while developing the Remedial Investigation and Feasibility Study. The question of whether there is any evidence of threat to groundwater or surface water or other types of migration is the purpose of the study. The State wants it to be developed by OCSS because sufficient information has not been collected to date to convince the State that there is no problem. John Poole, Code Enforcement Supervisor. Another of staff's concerns is relative to fire safety problems at the subject location. There were two fires in 1986 which required Anaheim Fire Department personnel to assist in suppression. Mike Dory, Fire Marshal. There was one fire in0ctober of 1986 and another in December of 1986. These fires were in the old shredder waste pile caused by decomposition and build-up of heat which eventually ignites. Mr. Adams expressed to him he had a great fear of a fire occurring in the shredder waste. He (Dory) took a flare and five gallons of shredder waste to ignite but he was not successful in igniting the shredder waste. He clarified for Mayor Bay that he would be very uncomfortable if no one was present on the site to oversee the operation in order to monitor the pile relative to heat build-up. John Poole. There were no other witnesses but he would like to introduce a staff report dated January 13, 1987 previously submitted to the Council. The conditions of the property indicated in the report remain much the same as reported at that time. He clarified the recommendation of staff is that the Conditional Use Permits be terminated for the following reasons: The permits are exercised contrary to terms and conditions of approval specified in Resolution Nos. 77R-670, 84R-299, 86R-394 and 86R-395 and that the uses for which approval was granted in connection with the previously mentioned resolutions have been so exercised as to be detrimental to the public, health, and safety and constitute a 134 City Hall, Anaheim, California - COUNCIL MINUTES - February 17, 1987, 1:30 P.M. nuisance. Also during the September 6, 1986 Council meeting, Mr. Adams indicated he would ship 1,000 tons of waste per month. Staff has monitored th situation since that time and the situation stands as indicated on the displayed chart. If a continuance is granted, it would be necessary to move forward and have Mr. Adams give his full efforts towards resolving the problems. City Attorney, Jack White. As part of the material introduced by Mr. Poole, in addition to the six-page staff report dated January 13, 1987 his letter addressed to Mayor Don Roth dated June 24, 1986 from the Department of Health Services, letter dated November 20, 1986 directed to Mr. Poole from the law firm of Farano & Kieviet and copy of the minutes of the Council meeting of December 2, 1986, an excerpt relating to the request for rehearing of OCSS all collectively marked Exhibit A and introduced into evidence at this hearing at this time. Councilwoman Kaywood noted that one of the pages in the January 13, 1987 report stated that no new shredder waste was being removed. According to today's testimony, that is not accurate at this time. John Poole. Since that report was written, OCSS has started shipping newly generated shredder waste. There is a separate new pile generated but it is being shipped out on a weekly basis to a landfill in Phoenix primarily. The waste is not over 50 ppm in PUB's but Arizona has had some problems recently with the lead and Cadmium content being in violation of Arizona Law. They would like to discuss that problem with staff. He then introduced the posted chart as ~.wbibit B which demonstrates the amount of shredder waste thmt has been hauled as provided in Condition No. 12 vs. what was required. The conditions he would like to see fulfilled in the event there is a continuance are that the required landscaping be completed and maintained and that the crane be removed from the property. Since Mr. Farano has been involved there have been much better results but there is a credibility issue because certain things Mr. Adams could take care of now which are in his power such as the landscaping have not been done. He also hopes that Mr. Adams continues to transport the shredder waste bearing in mind they will have to deal with the State of Arizona and their concerns. It is possible this avenue could then be cut off to Mr. Adams. MOTION: Councilman Hunter stated he does not believe shutting down OCSS is the solution today. He thereupon moved that the public hearing on termination or modification of Conditional Use Permit No. 1703 and Conditional Use Permit No. 2525 - Orange County Steel Salvage - be continued to Tuesday, March 17, 1987 but that OCSS comply with the conditions imposed relative to landscaping and that the crane be removed from the property. Councilman Bay seconded the motion. 135 Cit7 Hall~ Anaheim~ California - C0UNCILMINUTES - Februar~ 17~ 1987~ 1:30 P.M. Before a vote was taken, Councilwoman Kaywood asked what the result of a two-two vote would be; City Attorney White explained that the motion would not carry and the issue would still be before the Council today for either additional hearing or another motion. Councilwoman Kaywood pointed out this was an example of what would be happening in the next four months if an appointment is not made by next week to fill the 5th Council seat. Now she will be forced to vote in a way that troubles her. In September of 1986, she stated it was the last time she would vote for a continuance. 0n the other hand, there are other problems that could exist if the matter is not continued. She will vote for a continuance reluctantly. Councilman Pickler stated he is going to vote against the continuance. The problem is still there and a great deal of City time and effort has been expended in trying to correct the violations. More money has been wasted than it would cost to have two people stationed on the property to monitor the fire hazard. The operation is a detriment to the City. A Roll Call Vote was then taken on the motion of continuance. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Hunter, Kaywood and Bay Pickler None One Mayor Bay emphasized that the motion includes that the landscaping be installed and maintained and that the removal of the crane take place. Councilman Pickler stated that correspondence from Mr. Farano's office indicates the crane will be removed on February 20, 1987. He hopes that Mr. Adams follows through and does remove the crane. RECESS: By general consent, the Council recessed for ten minutes. MOTION CARRIED. (4:46 p.m.) AFTER RECE$S; The Mayor called the meeting to order, all Gouncll Members being present. One Vacancy. (4:59 p.m.) 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2871 AND NEGATIVE DECLARATION: APPLICANT: Cornelia Connelly School of the Holy Child 2323 West Broadway, Anaheim, Ca. 92804 REQUEST/ZONING/LOCATION: To permit expansion of a private educational institution on RS-A-43,000 zoned property located at 2323 West Broadway. PLANNING COMMISSION ACTION: Resolution No. PC87-05 granted Conditional Use Permit No. 2871 and approved EIR - Negative Declaration status. 136 City Hall~ Amahe!~ California - COUNCIL MINUTES - February 17~ 1987~ 1:30 P.M. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler at the meeting of January 27, 1987. PUBLIC NOTICEREQUIREMENTS MET BY: Publication in Anahetm Bulletin February 5, 1987. Posting of property February 5, 1987. Mailing to property owners within 300 feet - February 5, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 5, 1987. Councilman Pickler. He requested the public hearing as a result of concerns expressed by neighbors in the area adjacent to the school particularly relative to a fence being installed along the west property line. APPLICANT'S STATEMENT: Joanna Strada, John Bartlett Associates, 250 West Colorado Boulevard, Arcadia. The west property line is approximately 450 feet long. She was contacted by a neighbor, Mr. Leavenworth and he was the only person she had spoken with relative to the fence. She thought that the greatest concern was drainage and she, along with Mr. Jay Titus of the City's Engineering Department and the school were going to look into the matter. Mr. Leavenworth informed her they were in violation of a previous CUP. The matter has been researched and she feels they are not in violation. Conditional Use Permit No. 223 was denied in 1961. The purpose of that was to delete the easterly block wall since at that time there was only an orange grove adjacent to the school property. The wall was subsequently installed. Variance No. 2277 was approved in July of 1977. This called for construction of an B-foot B-inch block wall adjacent to the tennis courts only. She did not know why the issue of the fence was being brought forth at this time. She then explained that the purpose of the requested CUP is to enlarge the facilities, but not the enrollment or anything else. The enrollment will not exceed 400 students. They had initially asked for 500 students. This year they have 354 students. The school is not in a position because of the size of the site as well as the teaching staff to exceed 400 students. They have no intention of exceeding that 400 number. STAFF INPUT: Councilwoman Kaywood. She noted the original approval limited enrollment to 300 students and the request now is for 400 students which was granted by the Planning Commission. Annika Santalahti, Assistant Director for Zoning. Zoning actions on the property only consisted of a previous variance and CUP the staff report indicates a current enrollment 137 City Hall~ A,-heim~ California - COUNCIL MINUTES - February 17~ 1987; 1:30 P.M. of 354 students. City zoning actions did not include a limitation although that may have been established when the property was in the County. If approved in the County, the school is allowed to continue as a legal non-conforming use. PUBLIC DISCUSSION: Mr. Doug Leavenworth, 212 Corner Street, Anaheim Ca. 92804. He referred to his letter dated February 3, 1987 which he submitted to the Council giving the history of Cornelia Connelly School along %rith related attachments (previously made a part of the record). He delivered a copy of the letter to the school as well. He summarized the situation which started with the Conditional Use Permit (CP-919) granted by the County before the area was incorporated into the City of Anaheim in 1960. In the original application, the school proposed a 6-foot high block wall alonE the entire length of the two side property lines, both east and west. The permit which is still the active permit under which the school operates also limited enrollment to 300 students. When the school came in for building permits in 1961, they were now in the City of Anaheim and the City honored the County permit but advised the school it would have to comply with all conditions including the installation of the block walls. The 6-foot high block wall was eventually built on the east property line but no wall was ever constructed on the west property line except for the 8-foot 8-inch block wall across the terminus of Transit. He felt it was now appropriate in connection with the requested permit for expansion of the school that the wall be built. He recognizes that there are more than 300 students enrolled in the school but the requested permit was also going to allow enrollment to go to 400. Ms. Strada had said that the school has no funds for the expansion program and are getting the permit so they can go out and seek the funds. If the permit is approved, he would like the wall to be built within the next three months. He has the support of all the people who live on the west property line as evidenced by the "Statement of Support" also attached to his February 3, 1987 letter. The landscaping is a particular problem and vegetation has been allowed to grow without any maintenance for approximately ten years. He thereupon submitted pictures to the Council showing the condition of the landscaping, giving an idea of what he considered the deplorable condition that the school property is in along the west property line. Joanna Strada. She was Just made aware of Mr. Leavenworth's letter. She stands corrected on the condition, one that was imposed many years ago. She is also asking that the requested 400 enrollment stand and also that the school will build a 6-foot high concrete block wall but that it be required to be completed only with any phase of the construction. If they Just go with one segment of the 138 City Ha!l~ Anaheim~ California - COUNCIL MINUTES - February 17~ 1987~ 1:30 P.M. construction, that it be a part of the initial segment and be considered at that time. It may be a year or six months and to have to build a wall in three months would be an undue burden at this time. She also asked that the neighbors be cooperative and with adequate notification take down the fences they have installed with adequate footing, the neighbor's fences will be infringed upon at that time. City Attorney, Jack White. He does not have a problem in the request for expansion to 400 students. The legal advertisment did not specify a maximum number but only mentioned the proposed expansion. Therefore, the Council has the discretion to set the maximum number. The time of installation of the wall is at the Council's prerogative and can be imposed as a condition of approval today. The only item of concern from a legal standpoint is a stipulation that all existing fences come down because there is no one with legal authority to represent all property owners. As long as the fence is built on the school's property, if there is any encroachment by adjoining fences, he feels it could be worked out individually with property owners and would not have to involve the City by way of a condition on the permit. After Council discussion relative to the implementation of a time frame for installation of the block wall as well as additional questions posed to Hrs. Strada, Councilwoman Kaywood asked to hear from any other neighbors who would like to speak to the issue. Irene Lyman, 2337 West Transit. She Just moved to the neighborhood. She spoke to the school about the water and the fence. There is a hole in the fence and children go through that hole. She favored the installation of a block wall if the water was eliminated. Nancy Vasquez, 2331 Transit. She has a 7-foot high chain link fence on her property. She believes there will be a ~roblem with her property when the block wall is constructed because of the drainage ditch Just on the other side o£ her fence which is not kept clean. She is in favor of the installation of the wall but does not know where they are going be able to put it. Jay Titus, Engineering Department. The school is not involved in the drainage problem. The water drains from the property to the north of the school, the old Gemco property and the apartments east of Gemco. The water drains through the northeast corner of the school. Between the tennis courts and the westerly property line, there is a 3-foot wide concrete rectangular channel that carries the water and it empties into Transit. The water is not generated from the school. 139 Ctt~ Hall~ Anaheim~ California - COUNCIL MINUTES - Februar7 17~ 1987~ 1:30 P.M. Mayor Bay. He asked if the drainage ditch is close to the property line and a wall is going to be built, is there going to be a problem building a wall on the property line. Jay Titus. He does not believe there is enough property to build a wall without removing the existing fences. Gerald Woodall, 231 West Broadway. The wall does not concern him as much as the requested increase in enrollment. In the original set up of the school, a 40-car parking lot was proposed facing his house but by redesign, the lot was relocated to the interior of the property. For the first 10 to 15 years the school could not have been better neighbors. In the last 10 years there are times when there are 20 to 30 cars parked on the street and in front of his house sometimes blocking his circular driveway. About 5 years ago, he asked the number of students enrolled and was told it was approaching 500. At the Planning Commission hearing it was stated enrollment went as high as 490. He wants the enrollment to stay at 300 maximum. The block wall should also be built now. Doug Leavenworth. He does not want the installation of the block wall to be concurrent with any of the building proposed. Many CUP's are approved but the project never goes forward. Six months is the outside of a reasonable period of time to go forward with building the wall. The suggestion that the other individual fences come down before the wall goes up is not practical. SUMMATION BY APPLICANT: Joanna Strada. A couple of years ago a parking "expert" was called in who designed 90% of the spaces under size but it got cars off the street. When they went to th~ Planning Department, a program was worked out where they have the same number of parking spaces but those spaces are now of size. The school has made a diligent effort in trying to accommodate neighbors as far as keeping parking off the street. There is an apartment building adjacent to the school which undoubtedly generates street parking of its own. COUNCLLACTION: Mayor Bay closed the public hearing. City Attorney Jack White. He explained for Mayor Bay that the Orange County Conditional Use Permit dated June 29, 1960 still stands as the basic control until the City issues a CUP or changes it. The County CUP is not directly enforceable by the City because the City did not issue it. At the current time, since the use is seeking an 140 City Hall~ Anaheim, California - COUNCIL MINUTES - February 17~ 1987~ 1:30 P.M. additional CUP, the City has the authority now to impose or reimpose conditions. It might be in this case since this was a County Use Permit for which all conditions were not satisfied, the property would revert to being a zoning violation and the City would look into that possibility. He is explaining that as a warning to the property owner not to feel comfort in the fact that if they do not want to exercise the permit with the condition in it, that they do not have to meet that condition. What the Council is looking at since a change is being requested, for the first time, the Council has the ability to reinstitute the condition as a City of Anaheim condition and make it directly enforceable by the City, but in the event the property owner does not meet that condition, the City will be looking at a zoning violation because of its failure to satisfy the legal non-conforming status. Councilman Pickler. He wanted a commitment that the block wall will be installed since this is the major concern of the neighbors and that it should be accomplished within 90 to 180 days or a satisfactory compromise reached. The fence was something that should have been installed some time ago. Joanna Strada. She can make a commitment that the wall be installed in one year since there is no funding available at this time. Councilman Hunter. He wanted to see the wall installed in six months. Mayor Bay. He noted the other issue is relative to enrollment. The old Orange County Permit states 300 students and 400 maximum enrollment is now being requested. Councilwoman Kaywood. She noted that 136 parking spaces are required and there are 175 spaces. She asked if 175 will be sufficient to cover an increase in enrollment to 400. Aunika Santalahti, Assistant Director for Zoning. The plans submitted show compliance based on square-footage and seating capacity of the auditorium. The school would still be in compliance with 175 parking spaces. Joanna Strada. The last couple of years there have been 390 students. At present the enrollment is 354 students. At one time it was 415. The school wants to keep enrollment below 400. As part of the restriping of the parking lot the school has limited and assigned spaces and some students carpool. If the City wanted to put up No Parking signs during school hours, the school has no objection to that; Councilwoman Kaywood asked that the 141 85 City Hall, Anaheim~ California - COUNCIL MINUTES - February 17; 1987~ 1:30 P.M. request come from the school to the students as a positive measure. ~- ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Bay, 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. One Vacancy. MOTION CARRIED. Councilman Pickler offered Resolution No. 87R-48 for adoption, granting Conditional Use Permit No. 2871, subject to City Planning Commission conditions including the installation of a 6-foot block wall along the west property line by September 1, 1987 and that maximum student enrollment be limited to 400 students. Refer to Resolution Book. RESOLUTION NO. 87R-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2871. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBEKS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87R-48 duly passed and adopted. No items of public interest were addressed. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. (5:54 p.m.) LEONOKA N. SOKL, CITY CLERK 142