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1986/03/18153 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18~ 1986~ 10:00 A.M. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: None COUNCIL MEMBERS: Kaywood, Overholt, CITY CLERK: Leonora N. Sohl Bay, Pickler and Roth The City Clerk called the regular meeting of the City Council to order at 10:00 a.m. and adjourned same for lack of a quorum to 11:00 a.m. Adjourned: 10:01 a.m. LEONORA N. SOHL, CITY CLERK By City Clerk City HaLI~ Anaheim~ California - COUNCIL MINUTES - March 18~ 1986, 11:00 A.M. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: None COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth CITY CLERK: Leonora N. Sohl The City Clerk called the regular meeting of the City Council to order at 11:00 a.m. and adjourned same for lack of a quorum to 12:00 noon. Adjourned: 11:01 a.m. LEONORA N. SOHL, CITY CLERK By City Cierk City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18~ 1986~ 1:05 P.M. Mayor Roth called the regular Council meeting of March 18, 1986 to order at 1:16 p.m. after two previous adjournments due to lack of a quorum. Four Council Members had attended the County Board of Supervisors morning meeting to protest the selection of a Jail site in the City of Anaheim. 174 City Hall, Anaheim~ California - COUNCIL MINUTES - March 18~ 1986, 1:05 P.M. PRE SENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl CODE ENFORCEMENT ANDHOUSING SUPERVISOR: John Poole ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING: Norman J. Priest ASSISTANT PLANNER: Greg Hastings PARK PLANNER: Richard Mayer PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt TRAFFIC ENGINEER: Paul Singer 108/142: REQUEST TO AMEND STREET VENDING ORDINANCE: Jose Luis Bucio, President, and Pedro Vasquez, Secretary~ Union de Comerciantes Latinos, requesting amendments to Ordinance No. 4615 which regulates street vending. Mr. Jose Luise Bucio, 725 Mavis Street, Anaheim, President of the newly formed Union de Comerciantes Latinos del Sur de California read a prepared statement through his interpreter, Mr. Robert Nays, Education Specialist, Orange County Human Relations Commission (statement on file in the City Clerk's Office). The thrust of Mr. Bucio's presentation was to urge the City Council to consider amending or rescinding Ordinance No. 4615, thereby allowing street vendors to sell in the City of Anaheim. The vendors, who were small business men and women, had been adversely affected by the ordinance as well as many individuals, families and senior citizens who relied on the produce sold by street vendors. Mr. Bucio's presentation included a 3-part plan if the Council allowed the vendors to sell which plan could be incorporated into the ordinance. (See Page 2, Item Nos. 1, 2 and 3 listed in Mr. Bucio's statement). In concluding, Mr. Bucio also submitted a proposed ordinance by the Union for Council review providing that, "Street vendors will be allowed to sell their produce in the City of Anaheim between the hours of 9:00 a.m. - 8:00 p.m. It will be unlawful for a vendor to park longer than five (5) minutes after his last customer. It will be unlawful for vendors to use their music before 9:00 a.m. or later than 7:00 p.m." City Clerk Leonora Sohl announced that 101 form letters had been received with signatures in favor of the proposed amendment to the ordinance; Mr. Nava explained that over 3,000 signatures had been obtained throughout the City and the letters announced by the City Clerk which had been sent to the City Council were from the Chevy Chase neighborhood. City Clerk Sohl then read a statement written by Mr. Frank Morales, Director of Administration for the Neighborhood Improvement Program of Anaheim (NIPA) who was present at the meeting but had to leave. The thrust of Mr. Morales's statement was as follows: The purpose of his organization is to reverse the present state of deterioration and provide a better living environment for the residents of the Patrick Henry/Chevy Chase area. They have addressed several problems to date - trash disposal, health problems and drugs. The most recent problem is associated with street vendors causing the following problems: traffic congestion, trash, noise and health problems. They are not opposed to 175 City Hall, Anaheim~ California - COUNCIL HINLrfES - March 18~ 1986~ 1:05 P.M. street vendors per se but are opposed to the heavy concentration of vendors and the foregoing problems associated with that concentration (complete statement on file in the City Clerk's Office). Mr. Nava explained that there was one additional speaker from the community. Councilman Pickler stated since the request was to change an ordinance, he first wanted a staff report on the issue and subsequently a public hearing in order to receive input from both sides. He felt it was premature to be listening to testimony and asked that the matter be referred to staff for a comprehensive report and then a public hearing at a future date. John Poole, Code Enforcement Supervisor, reported he had met with street vendors and neighbors impacted by the street vending. Staff had also looked at other cities and a report could be prepared and submitted to the Council so that they could better understand the full problem and be aware of what other cities were doing to address it. Mayor Roth stated the recommendation was to set a public hearing after a recommendation from staff to give an opportunity for the citizens to be advised. Councilman Bay stated he had no problem with hearing one more speaker, but he did have a problem with pre-deciding whether or not the Council was going to set a public hearing. He wanted first to see the staff report and the Council could subsequently decide the course of action at that time. Oisa Luna, 507 South Street, Apt. 10, speaking through the interpreter, Mr. Nava, explained that since the vendors had not been selling in her area she has been adversely affected. She bought her produce from the vendors which was fresh and less expensive. It would be more beneficial for her and her family if the vendors were also allowed to park in the alley. It was her understanding that the vendors were having difficulty because of the trash problem. In her area, trash is generated because of the large number of people living in the apartments and there was only one trash bin. When the wind blows, the trash is dispersed throughout the area. She did not believe the vendors were violating any laws or causing problems. She and her neighbors benefited from the services provided because they had difficulty getting out of their home~. She reiterated it would be beneficial to her and her neighbors if the City could allow the vendors to continue selling. After a brief Council discussion, Councilman Pickler moved to continue the request for amendments to Ordinance No. 4615 for three weeks. Before action was taken, Councilman Bay asked that during the interim, Mr. Nava relay to Mr. Bucio's organization that they should look at what they might do to solve the problems outlined in Mr. Morales's statement. He also stated that he wanted to have the staff report in three weeks and then the matter placed on the agenda the following week. 176 I'52 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18~ 1986~ 1:05 P.M. Councilman Pickler amended his motion that a staff report be submitted to the Council in three weeks and that the matter be set for consideration at the Council meeting of April 15, 1986. Councilman Bay seconded the motion. MOTION CARRIED. INVOCATION: A moment of Silence was observed in lieu of the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: DeMolay Week in Anaheim, March 16-22, 1986, Volunteer Month in Anaheim, April 1986. The De Molay Week proclamation was accepted by Bryan Johnston and the Volunteer Month proclamation was accepted by Penny Hitt. 119: RESOLUTION OF CONDOLENCE: A Resolution of Condolence was unanimously adopted by the City Council to be presented to the family of Joseph Szabo. Mr. Szabo was the founder of Szabo Food Service in 1947. Szabo is the exclusive food supplier to Anaheim Stadium and Convention Center. Mr. Szabo, besides being a loving husband and father will be remembered for his many contributions to the National Food Service Industry. 119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was unanimously adopted by the City Council and presented to Dr. Wayne Faust for his years of dedicated service to the Anaheim community as Pastor of the 1st Presbyterian Church and wishing him the best in his new assignment at the Santa Clara Presbyterian Church. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented to National Junior Basketball, Inc. organization commending them for their efforts in providing a basketball program and wishing all the program's participants success in the upcoming national tournament. 179: PUBLIC HEARING - CONDITIONAL USE PEKMIT NO. 2755 AND NEGATIVE DECLARATION: APPLICANT: Orange County Steel Salvage, Inc., 3200 East Frontera Road, Anaheim, Ca. 92806 ZONING/LOCATION/REQUEST: To permit temporary outdoor storage of shredder waste and dismantled automobiles on RS-A-43,000 zoned property located at 3200 East Frontera Road. PLANNING COMMISSION ACTION: Resolution PC86-32 denied Conditional Use Permit No. 2756 and denied an EIR - negative declaration status for the project. 177 City Hall~ Anaheim~ California - COUNCIL I~.NUTES - March 18, 1986~ 1=05 P.M. HEARING SET ON: Appealed by George Adams, Orange County Steel Salvage. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 6, 1986. Posting of property March 7, 1986. Mailing to property owners within 300 feet - March 7, 1986. PLANNING STAFF INPUT: See Planning Department Staff Report to the Planning Commission dated January 20, 1986 and report of the City Attorney dated March 14, 1986, recommending that the City continue to cooperate with the Department of Health Services (DHS) and other agencies in seeking to remove the hazardous waste. APPLICANT'S STATEMENT: Philip Anthony, representing Orange County Steel Salvage, 2300 East Frontera. The request is for a very small and simple permit but it brings with it some difficult issues specifically three main areas of concern: (1) compliance with City conditions, (2) shredder waste material which has been accumulating on the property for reasons beyond their control and (3) the possibility of PCB's (polychlorinated biphenyls) in the shredder waste. The first was under the City's Jurisdiction, but the latter two were beyond the City's control. Mr. Anthony's presentation then dealt with those three issues which was a reiteration of his extensive report to the Council submitted under letter dated March 14, 1986 previously submitted with Attachments 1 through 10 (made a part of the record). At the conclusion of his presentation, Mr. Anthony emphasized that the status of compliance with City conditions was virtually 100 percent complete. STAFF INPUT John Poole, Code Enforcement Manager. The following conditions were not yet complete; the landscaping was not installed adequately, trees are still in boxes, relative to the auto-dismantling, as of the 14th of March, Orange County Steel was still charging at the "pick-your-part" sales~ and there is storage of shredder wastes and auto parts above the fence. Otherwise, the conditions have been met. The traveling crane was never approved under the original CUP and it was still on the premises. A permit was not required originally since it was to be on the premises on a temporary basis only for construction purposes. Once permanently mounted, a permit is required. Jack White, City Attorney. He explained the legal aspects/ramifications of the issue and briefed the tenants on his report to the Council dated March 14, 1986 which discussed the matter in detail (made a part of the record). If the CUP is denied, the enforcement activities will fall primarily on the State government. If approved, the City 178 Ctt7 Hall~ Anaheim~ California - COUNCIL MINUTES - March 18~ 1986~ 1:05 P.M. could then control the manner in which the material is removed and the amount of waste that can be accumulated on the property. Aunika Santalahti, Assistant Director for Zoning. She referred to the map posted on the Chamber wall. The area delineated was never approved for the subject activities except a year ago November the Planning Commission granted a one year use permit to terminate on November 24, 1985 for the outdoor storage of shredder waste. When that terminated, the applicant had to resubmit to use that property. When that occurred, because of the expansion of activities on the premises including the crane, a new CUP was required. This is currently before the Council and concerns a limited area of land and the additional activities. If Orange County Steel Salvage continued the operation as it was now being run, the requested CUP would be necessary. If the CUP was denied, the applicant would have to pull back the activity and remove it from the five acre parcel. The Council would then have to set the matter for a revocation hearing. Such a hearing had not been scheduled by staff. COUNCIL CONCERNS: Councilwoman Kaywood. There was confusion and contradiction involved especially regarding when waste is and is not hazardous. If there was any danger to underground water supplies great caution must be taken, but if old appliances and automobiles were allowed to be placed in landfills without being shredded, while still presenting the same toxic waste dangers, it did not make any sense plus those items if unshredded would take up extra space in scarce landfill sites. She suggested that the Council continue action on the matter. Mayor Roth. There are many areas of doubt regarding the whole issue especially with regard to the hazardous material. Another serious consideration is the consequence of upholding the denial since the recycling industry is a very vital and necessary one. Mr. Anthony testified they were on the brink of receiving more definitive information relative to ~he testing of materials on the site. He suggested that the matter be continued for 30 days. Because of his deep concern relative to the possibility of PCB's entering the water supply, he wanted to be certain that ~he State was monitoring the situation on a daily basis. Councilman Pickler. He could agree with a 30 day continuance but only if the applicant stipulated to stopping any shredding at the site. Councilman Bay. There was no need to stop the shredding of automobiles since that shredding did not produce unacceptable PCB levels. The shredding of appliances which contained PCB's was not presently 179 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18, 1986~ 1:05 P.M. PUBLIC INPUT- IN FAVOR: occurring at the site as explained in Mr. Anthony's testimony. The PCB level is the real issue and the most important thing to be done was to initiate more tests. Mr. Anthony. He clarified that at this time Orange County Steel Salvage was not accepting or shredding any appliances thus eliminating the chance of producing PCB waste. James McNalley, Program Manager, Toxic Substance Control Division, California Department of Health, Los Angeles. He testified on his Department's position relative to Orange County Steel Salvage. He referred to the findings of recent inspections of the subject site which were reported in the January 20, 1986 minutes of the Planning Commission hearing where he gave extensive testimony (see Planning Commission minutes of January 20, 1986). He then addressed issues raised by Mr. Anthony with which he did not agree or which needed more elaboration. (Council Members Pickler and Kaywood then posed a line of questioning to Mr. McNalley). William C. Taormina, Anaheim Disposal. Mr. Adams's facility is a vital link in the recycling that takes place at his (Taormina's) facility. There has been a toxic problem with regard to appliances and a situation created where they can no longer accept appliances. Those appliances are now ending up in vacant lots. Stan Tkaczyk, representing the Transfer Station Industry in Orange County. His company is Rainbow Disposal Transfer in Huntington Beach. Curtailing recycling operations would have a great impact. Appliances will be found abandoned all over the place. A tremendous volume is involved. If Mr. Adams's facilities closed, the recycling efforts going on in Orange County will be severely hampered. (He submitted photos showing an accumulation of appliances in only 3 days in his facility). It was necessary to work together to solve the problem. Lt. Neil Timson, Salvation Army, Adult Rehabilitation Center. The Salvation Army received a letter from the applicant stating that they could no longer accept appliances (referred to as "white items"). The situation had a tremendous impact on his operation. Reverend Robert Edwards, Grace Baptist Church. (See his letter of March 14, 1986). It would be tragedy for Orange County Steel Salvage to close. George Adams, Jr., Orange County Steel Salvage. They were relatively close to obtaining a solution to the 180 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18~ 1986~ 1:05 P.M. issue. He has stopped taking appliances. The Environmental Protection Agency has to give a ruling. In the meantime, the waste generated at his facility does not contain PCB's at this time. Any hazard is not being increased. He reiterated they have totally discontinued the grinding of all appliances. They have already laid off 30 people. If he shut down his shredder entirely, not only would he have to lay off all of his employees, but also it would affect 80 to 90 percent of his business, and it would be very difficult for him to meet his bills. Councilman Pickler. He reiterated his concerns relative to the health hazard reported by the State especially to Mr. Adams's workers. Mr. Adams. He emphasized they are no longer shredding any appliances so the PCB problem does not exist. Mike Garin, 1775 East Lincoln Avenue. The solution was to keep the recycling plant operating. He suggested that the components in appliances that contained PCB's be removed and the balance shredded. Orange County Steel Salvage should be allowed to continue that operation. Councilman Bay. He saw no problem in allowing the applicant to continue shredding automobiles. He has not heard any testimony that there is enough PCB in automobiles to cause hazardous problems. He would even allow shredding of appliances if someone could guarantee that every component containing PCB's would be removed before shredding but he did not believe anyone could give such a guarantee. There are technical violations of the CUP relative to the size of the waste pile, the crane, the height of the fence, etc. Those problems become insignificant compared to trying to deal with the complexity of what is hazardous waste and what is not. He could live with the pile being higher than the fence if some time frame can be established when the Council could get answers on where the waste was going to be taken. He did not have the answers to any question but there was also not enough evidence to stop the recycling. MOTION: Councilman Bay moved to continue the public hearing on Conditional Use Permit No. 2756 for at least 30 days, allow the shredding of automobiles to continue and hold off on heavy enforcement on the size of the waste pile, the screening and the crane until more answers were obtained on the toxic issue. Councilman 0verholt seconded the motion. Before a vote was taken, Mayor Roth clarified that the proposed action is a 30-day continuance on the zoning matter. They are not asking for any enforcement other than that being done by the State and Federal government relative to hazardous waste. 181 City Hall~ Anahe~m~ California - COUNCIL MINUTES - March 18~ 1986, 1:05 P.M. Councilman Pickler. He agreed with the 30-day continuance only if the applicant stopped shredding. It was his opinion the workers are in Jeopardy and there are other reasons for concern. If the matter is continued, the applicant should stipulate to stopping the shredding until some definite answers are received. Councilman 0verholt. As Councilwoman Kaywood pointed out, if the appliances are the source of the contamination, additional shredding will not add anymore PCB's to the pile since only automobiles will be shredded. Any action the Council takes today would not alleviate any present PCB problem. George Adams, Jr. He stipulated that Orange County Steel Salvage is not going to grind any more white items (appliances) for the next 30 days, and until the problem is resolved. Mayor Roth. He clarified the public hearing will be continued 30 days and by that time the State should have supplied answers to the hazardous waste questions. A vote was then taken on the foregoing motion. Councilman Pickler voted no. MOTION CARRIED. RECESS: By general consent the Council recessed for 10 minutes. (4:20 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:40) 134/155: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 207 AND NEGATIVE DECLARATION: APPLI CANT: American Home Mortgage, 666 Baker Street, No. 263 Costa Mesa, Ca. 92626 ZONING/LOCATION/REQUEST: To amend the Riding and Hiking Trails portion of the Environmental Resource and Management Element including the deletion of the Nohl Ranch Trail and portions of the Lakeview and Four Corners Trails and addition of trail segments adjacent to Royal Oak Road and Nohl Ranch Road. PLANNING COMMISSION ACTION: Resolution No. PC86-35 granted GPA No. 207, Exhibit ~B", approved EIR - Negative Declaration. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 6, 1986. Posting of property March 7, 1986. Mailing to property owners within 300 feet - March 7, 1986. 182 146 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18, 1986, 1:05 P.M. PLANNING STAFF INPUT: See Staff Report to the Planning Com~isston dated January 20 and February 3, 1986. Mayor Roth left the Council Chamber. (4:42 p.m.) APPLICANT'S STATEMENT: Dennis Cardoza, representing Victor Construction, the developer for the property. They are in complete agreement with the Planning staff report along with internal studies done by the Parks and Recreation Department. The major objection they had with regard to their development was the fact that the plans called for trails through two areas that were impassable due to the steepness of the terrain. The only way to eliminate the steepness would be to cut and fill which would have to be over the Four Corners pipeline. They could not get such approval. Their recommendations were not to delete, but reroute the trails in another manner that would accomplish the same results. The Parks and Recreation Department did find that not only were the trails not required through their property, but the alternate routes were also not required. He reiterated they are in agreement with the provisions of the staff report. COUNCIL ACTION: Mayor Pro Tem Pickler closed the public hearing. STAFF INPUT IN ANSWER TO COUNCIL QUESTIONS: Richard Mayer, Park Planner. There is no inconsistency between the subject equestrian trail and the County's trails. It is a contiguous trail and will continue elsewhere. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, 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. Councilman Roth was temporarily absent. MOTION CARRIED. Councilman Pickler offered Resolution No. 86R-94 for adoption, approving GPA No. 207 Exhibit "B". RESOLUTION NO. 86R-94: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 207. Roll Call Vote: 183 :1_33 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18, 1986, 1:05 P.M. AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Pickler None Roth None The Mayor Pro Tem declared Resolution No. 86R-94 duly passed and adopted. 134/179: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 208~ RECLASSIFICATION NO. 85-86-21~ VARIANCE NO. 3534 AND NEGATIVE DECLARATION: APPLICANT: Kathleen F. and S-mmy John Nobles, Terry F. Wylie and Edward L. and Yolanda E. Roldan, 111 So. Illinois Street Anaheim, Ca. 92805 ZONING/LOCATION/REQUEST: To consider an amendment to the land use element of the General Plan from general commercial and low-density residential designation to medi,,m density or low-medium density residential designation, for a change in zone from RS-A-43,000 to RM-1200, to construct a 40-unit apartment complex on property located at 1918-1932 East Cypress Street, with Code waiver of maximum structural height. PLANNING CO.fiSSION ACTION: Resolution No. PC86-44 recommended adoption of GPA No. 208 Exhibit "B", Resolution No. PC86-45 and 46 denied the Reclassification and the Variance. HEARING SET ON: Appealed by Hugo Vasquez, agent. PUBLIC NOTICE P. EQUIREMENTS MET BY: Publication in Anaheim Bulletin March 6, 1986. Posting of property March 7, 1986. Mailing to property owners within 300 feet - March 7, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 3, 1986. APPLICANT'S STATEMENT: Hugo Vasquez, 619 So. Live Oak. Creat time and effort had been spent in assembling the 6 lots and meeting with the property owners in order to put the land to its best use. He then described the project consisting of 40-units mostly 2 bedrooms and 2 baths with 2 different floor plans. Ail the parking conditions have been met. Mayor Roth entered the Council Chamber. (4:48 p.m.) Mr. Vasquez then submitted a color coded map showing those in the neighborhood who had given their approval and support of the project. Also included were the packets of petitions coinciding with the color coded map. As of 1:30 p.m. today, he felt that the project had gained everyone's support but he was informed at that time by the church located at 311 No. State College 184 134 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18~ 1986~ 1:05 P.M. Boulevard that they had some major concerns that needed to be addressed. He also felt they should be addressed but not in a public forum. He thereupon requested a 30-day continuance of the public hearing in order to resolve the issues. Councilwoman Kaywood. A General Plan Amendment and public hearings were held some years ago regarding the subject area and it was determined that low medium density was appropriate with a maximum of 15 units to the acre. She felt committed to that and the applicant was now asking for twice the amount. Relative to the letters sent to the neighbors, she felt that the wording was misleading. It did not say the applicant was planning 40 units but they were planning to build a 19 and 20-unit apartment building on the 6 lots which could explain why everybody approved. There was also a letter received in opposition from a resident on Almond Street who was concerned and did not want the property to go to medium density. It was determined by a show of hands that approximately 12 people were present on the item; Mayor Roth asked those who were present in opposition if they would be willing to come back and testify at a later date if the item was continued. From the audience, a spokesman stated they would be willing to come back. MOTION: Councilman Bay moved to continue the public hearing on GPA No. 208, Reclassification No. 85-86-21, Variance No. 3534 and negative declaration to Tuesday, April 22, 1986 at 1:30 p.m. Councilman Overholt seconded the motion. MOTION CARRIED. Mr. Vasquez stated he would redraw the letter and have it resigned by the neighbors if Councilwoman Kaywood felt it was in any way misleading to more clearly indicate 40 units. However, the neighbors did see the plans. 179: CODE AMENDMENT: T. Steven Rolland, Straight Shooter, Inc., to determine (a) whether an indoor rifle range and training facility is an appropriate conditional u~e in the Anaheim Canyon Industrial Area, in connection w~th Section 18.03.030 Conditional Use Permits - General; (b) whether to amend subsection 18.61.050.600 to allow such uses in the Canyon IndustrialArea in connection with approval of a conditional use permit; or (c) whether the use should specifically not be permitted in the Canyon Industrial Area. The Planning Commission determined that the use is not compatible with the industrial community. Mr. Steve Rolland, 1304 Catalina, Orange, presented his proposal to the Council that he be allowed a conditional use permit to operate an indoor shooting range and training facility at 1476 No. Hundley Street. He then briefed information previously submitted to the City in his letter of January 28, 1986 with attachments listing his reasons for wanting to establish 185 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18, 1986, !:05 P.M. the business. The need, the suitability of the facility as well as an explanation of the concept involved and a detailed explanation of the operational concept were given. (Documents submitted previously made a part of the record). His purpose was to establish a family-oriented community service environment. He urged the Council's positive consideration. Councilman Bay stated he had nothing against the shooting range, but with its proposed location which would constitute an intrusion into the northeast industrial area because it was a commercial operation. The Council had established a very firm policy not to allow any new CUP's within the newly revised ordinance which would bring outside customers into the industrial area. The Council was concerned with traffic problems that had been building in that area as well as concern over the little remaining industrial property in the City which they wanted to protect. Mr. Rolland was, in essence, asking that they modify the existing ordinance and allow his commercial operation as a new conditional use thereby opening the door to other individual commercial uses that would draw commercial customers to the area. After Council Members posed questions to Mr. Rolland relative to his proposed operation for purposes of clarification, Councilman Pickler moved to confirm the Planning Commission's determination that the use is not compatible in the northeast industrial area thereby denying Mr. Rolland's request. Councilman Bay seconded the motion. MOTION CARRIED. 162/142: NO SMOKING ORDINANCE: A proposed No Smoking Ordinance, adding new Chapter 6.30 to the Code, relating to smoking in public places. First Reading of the Ordinance took place at the meeting of December 17, 1985 and Amended First Readings at the meetings of January ? and February 4, 1986. This matter was continued from the meetings of November 26, and December 17, 1985, January 7 and February 4, 1986, to this date (see minutes those dates). Previously submitted were reports dated January 30, 1986 and February 25, 1986 from the City Manager (on file in the City Clerk's Office). City Clerk Sohl first read a letter received from Ron Craig, Director of Food and Beverage, Disneyland Hotel dated March 18, 1986: "As representative for Disneyland Hotel, I would like to commend the Anaheim City Council for your responsiveness to our industry's concerns about Ordinance 6.30.090, concerning the designated areas for smoking and non-smoking in restaurants. We feel the amended Ordinance is very fair and allows us to serve the needs of smokers and non-smokers alike. We support the Ordinance as it stands." The Mayor asked if anyone wished to speak to the issue or provide anything new and different from testimony previously given at the many hearings that had taken place; there was no response. Councilman Pickler referred to the section providing that there be not less than one half of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges. He questioned if that could be reduced to 25 or 30 percent. 186 132 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18, 1986, 1:05 P.M. Councilwoman Kaywood noted if there were any changes to be made, it would require an amended first reading. Councilman 0verholt offered Ordinance No. 4678 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4678: AN ORDINANCE OF THE CITY OF ANAHEIMADDING NEW CHAPTER 6.30 TO TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SMOKING IN PUBLIC PLACES. Before a vote was taken, Councilman Pickler stated he wished that surveys had been taken at some of the workplaces to get a better idea of the feelings on the issue. If that were done in the future and the survey showed that some of the percentages relative to no smoking in meeting rooms, restrooms, etc. where employees might want to smoke should be different, that those percentages could be changed. Councilman Overholt stated if in practice, it was found that certain elements of the ordinance did not work, were ineffective or created problems not anticipated, thereby dictating the wisdom of making amendments, he would like to consider those at an appropriate time as well. Mayor Roth explained the ordinance involved three parts, the first relative to restaurants. The City solicited input from the Restaurant Industry in what he called a workshopping mode and compromises were reached. He was in favor of that portion of the ordinance. The second item involved the City's facilities where again a workshop procedure took place. As a result of dialog with the industry most involved in leasing the City's facilities (Anaheim Stadium and the Convention Center) a compromise was reached that was acceptable. This item also had his strong yes vote. The third area dealt with smoking in the workplace which was the most difficult issue but there was no in-depth dialogue or workshopping on that important issue. While he was a strong believer that there should be no smoking generally if that were at all possible, he was concerned about over-regulation. The Board of Supervisors accepted a volunteer program on a 6 month basis and he felt that was a wise thing to do. He would like to have seen the same occur in Anaheim. His feelings were, therefore, mixed on the third portion of the ordinance. The private sector workplace should have areas that protect the non-smoker but he had ~reat reservations relative to the provi~ion~ in the ordinance a~fecting the workplace. Councilman Pickler stated that business and industry were given the opportunity to come forward with their recommendations but did not do so. He also received a letter from an employee at Kwikset and then another letter with 42 signatures wherein it was indicated they wished they could have expressed their views but had not been given the opportunity. A survey could still be undertaken and the ordinance could be changed in the future. Second-hand smoke was an infringement on the health of others and the Council as a government entity had to take the first step. Councilwomam Kaywood referred to a letter received from an employee of a company who was fired because he had a complaint relative to smoking in the 187 Ctt7 Hall~ Anaheim, California - COUNCIL MINUTES - March 18, 1986~ 1:05 P.M. workplace. That company had previously told the Council there was no problem regarding smoking and non-smoking. Such an incident pointed out that voluntary programs were worthless. Councilman Bay stated the reason the employee was fired was debatable. It was his understanding it occurred because the employee used company stationary on which to make his complaint to the Council. Councilman Overholt felt that the smoking in the workplace section of the ordinance was the most important part since employees had to earn a living and they did not have a choice. Complaints might impact their employment or the manner in which they worked. He noted that Allan Hughes, the Executive Director of the Anaheim Chamber of Commerce was present in the Chamber audience. Councilman Overholt reiterated his remarks that if through the Chamber that portion of the ordinance relative to smoking in the workplace was thought to be unworkable or could be improved, he for one would welcome those suggestions and would always be open to trying to improve the ordinance towards the end of accomplishing what they all wanted to accomplish, to give smokers and non-smokers the ability to work in an environment in which they could function without being interfered with. Councilman Bay stated that the first two portions relative to restaurants and City facilities had been modified to where he could almost support it but nothing had been done on the workplace portion. It was one of the most restrictive workplace smoking ordinances ever put into effect on business and industry in the State. To him it was a simple question of restrictive over control by government. With no modification to the workplace, the Council singularly picked out one section of the business industry and "laid it on" because that industry did not choose to come in and take offense to what the Council was doing. A vote was then taken on the foregoing Ordinance: Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Overholt and Pickler NOES: COUNCIL MEMBERS: Bay ABSTAINED: COUNCIL MEMBERS: Roth ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 4678 duly passed and adopted. Mayor Roth stated the reason he abstained as previously explained was that he supported three-quarters of the ordinance and although he would be in support of some restriction in the workplace, he could not support the provisions as stated in the ordinance Just adopted. Councilman Bay then asked how it came to be that the last three rows of the Council Chamber now had no smoking signs on them; City Manager Talley did not have an answer at this time but would get that information. He pointed out that when smoking was prohibited in the Civic Center by administrative 188 130 City Nall~ Anaheim~ California - COUNCIL MINUTES - March 18, 1986~ 1:05 P.M. regulation, the Chamber was left out since it was Council's Policy as to what they wished to do. MOTION: Councilman Pickler moved to eliminate smoking in the entire Council Chamber. Councilwoman Kaywood seconded the motion. Council Members Overholt, Bay and Roth voted no. The motion failed to carry. MINUTES: Councilman Roth moved to approve the minutes of the regular meetings held February 11, February 18 and February 25, 1986. Councilman Pickler seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pickler 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 Overholt seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~3,677,117.67 for the week ending March 7, 1986 and $3,081,370.75 for the week ending March 14, 1986, in accordance with the 1985-86 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CAI.~NDAR: 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. 86R-95 through 86R-106, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No. 4700 for first reading. 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 Richard Lee Gonzales for bodily injury sustained purportedly due to actions of the City on or about December 26, 1985. b. Claim submitted by Michael L. Honi~man for property damage sustained purportedly due to actions of the City on or about December 29, 1985. c. Claim submitted by Frances Roberts for for bodily injury sustained purportedly due to actions of the City on or about December 23, 1985. d. Claim submitted by Jack Sacchette for property damage sustained purportedly due to actions of the City on or about January 13, 1986. e. Claim submitted by Gerald T. Stillman for property damage sustained purportedly due to actions of the City on or about December 5 and 6, 1985. 189 Cit~ Hall~ Anaheim~ Califormia - COUNCIL MINUTES - March 18, 1986, 1:05 P.M. f. Claim submitted by William L. Burton for bodily injury sustained purportedly due to actions of the City on or about October 27, 1985. g. Claim submitted by Chris Elliott Church for property damage sustained purportedly due to actions of the City on or about January 18, 1986. h. Claim submitted by Joseph C. Warner for property damage sustained purportedly due to actions of the City on or about January 3, 1986. i. Claim submitted by Jung Hah Cho for bodily injuries sustained purportedly due to actions of the City on or about December 30, 1985. J. Claim submitted by Kwang Cho for bodily injuries sustained purportedly due to actions of the City on or about December 30, 1985. k. Claim submitted by Greg Bohl for personal injury sustained purportedly due to actions of the City on or about November 28, 1985. 1. Claim submitted by Michael Dickinson for personal injury sustained purportedly due to actions of the City on or about November 3, 1985. m. Claim submitted by John Vega for property damage sustained purportedly due to actions of the City on or about December 16, 1985. n. Claim submitted by Geller Ready Mix Concrete Company for damages sustained purportedly due to actions of the City on or about October 1, 1985 through November 15, 1985. 2. Receiving and filing the following correspondence: (on file) a. 105: Community Redevelopment Commission, Minutes of February 12 and 26, 1986. b. 105: Public Utilities Board, Minutes of January 16, 1986. 3. 123: Consenting to the Assignment and Assumption of Lease and Consent of The Los Angeles Rams Football Company to the Los Angeles Rams Football Company, Inc., its leasehold interest in Juliette Low Elementary School, effective February 28, 1985. 4. 153: Authorizing an amendment to the City Comprehensive Medical Plan adding to Section IV, clarifying general exclusions. 5. 123: Authorizing the Human Resources Director to sign an amendment to an Administrative Agreement with The Equitable Life Assurance Society of the United States, changing the fee charged by Equitable to $13.52 per claim payment for each claim payment recorded by Equitable, effective January 1, 1986. 6. 123: Authorizing the City Engineer to sign a letter agreement with the City of Orange to participate in resurfacing of the portion of Lewis Street within the City of Anaheim at an estimated cost of $5,143. 190 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18, 1986~ 1:05 P.M. 7. 175/123: Authorizing Southern California Edison Company as Operating Agent to the San 0nolte Nuclear Generating Station to execute Modification No. 2 to the Department of Energy Utility Services Contract No. DE-SC05-84UE07541 on behalf of the City and directing the Public Utilities General Manager or his designee to execute approval of said request. 8. 123: Authorizing an amendment to an agreement with Berryman & Stephenson, Inc., for engineering services for the Walnut Canyon Channel through the Anaheim Hills Golf Course, to provide for additional work and increasing the fee by ~3,568. 9. 123: Authorizing First Amendment to an agreement with Tait and Associates, Inc., for engineering services for improvements to the truck loading dock area at Anaheim Convention Center, to provide for design of a canopy over the ticket booths at the main entry, in an additional amount not to exceed $9,700. 10. 160: Accepting the low bid of Emergency One in the amount of $1,020,128.70 for five 1500 GPM triple combination pumpers in accordance with Bid No. 4301. 11. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $419,834.79 for thirty-six Caprice police patrol vehicles, in accordance with Bid No. A4318. 13. 160: Authorizing the Purchasing&gent to issue a purchase order to the Anaheim Public Improvement Corporation, in the amount of ~25,334 for two 750 K.V.A. three phase fused padmount transformers, in accordance with Bid No. A-4314. 13. 160: Accepting the low bid of Hoffman Video Systems in the amount of ~20,923.34 plus installation of a Video Edit Controller, Edit Recorders, Display Mount and Mounting Bracket, in accordance with Bid No 4319. 14. 169: RESOLUTION NO. 86R-95: 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. (Harbor Boulevard, Broadway, Clementine Street and Chestnut Street - itreet~ Storm Drain~ $ewer~ Water, Street Light, Traffic Signal Electrical and Landscape Improvements~ Account No. 46-792-6325-E2250; and opening of bids on April 17, 1986, 2:00 p.m.) 15. 169: RESOLUTION NO. 86R-96: 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. (Knott Street Street Improvement, 818 feet north of Ball Road to 396 feet north of Ball Road, Account Nos. 24-792-6325-E2210 and 52-606-6329-05030; and opening of bids on April 17, 1986, 2:00 p.m.) 16. 169: RESOLUTION NO. 86R-97: 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. (Dale Avenue Street 191 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18, 1986~ 1:05 P.M. Improvement, Crescent Avenue to Lincoln Avenue, Account Nos. 15-793-6325-E3050, 51-479-6993-00589 and 51-484-5115-00732; and opening of bids on April 17, 1986, 2:00 p.m.) 17. 175: RESOLUTION NO. 86R-98: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (JAY ABELN/ECS) (Awarding a contract to the lowest and best responsible bidder, Jay Abeln/ECS, in the amount of $13,855, for Utility Service Center Block Wall, 901 East Vezmont Avenue, Account No. 50-153-6340-03299) 18. 169: RESOLUTION NO. 86R-99: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (C & J CONSTRUCTION) (Awarding a contract to the lowest and best responsible bidder, C & J Construction, in the amount of $43,767.10, for Barrier Free Anaheim No. 10, area bounded by East Street, Riverside Freeway, Rio Vista, Lincoln & Flicker Court at Laketop Drive, Account No. 24-793-6325-E3940) 19. 169: RESOLUTION NO. 86R-100: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (NOBEST, INCORPORATED) (Awarding a contract to the lowest and best responsible bidder, Nobest, Inc., in the amount of ~18,668, for Loara Street Street Improvement, S.P.R.R. to Lincoln Avenue, Account No. 12-792-6325-E2220) 20. 169: RESOLUTION NO. 86R-101: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (R. J. NOBLE COMPANY) (Awarding a contract to the lowest and best responsible bidder, R. J. Noble Company, in the amount of ~53,198.20, Flower Street Street Improvement, Account No. 25-793-6325-E3990) 21. 179: RESOLUTION NO. 86R-102: A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0FANAHEIMAMENDING RESOLUTION NO. 85R-400, NUNC PRO TUNC. (Amending Resolution No. 85R-400, granting Conditional Use Permit No. 2636, to permit a vehicle sales center on property located at 2790 East Ball Road, nunc pro tunc, to correct a clerical error in Condition No. 13) 22. 153: RESOLUTION NO. 86R-103: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS AND SUPERSEDING RESOLUTION NO. 85R-122 AND AMENDMENTS THERETO. (effective March 21, 1986) 23. /53: RESOLUTION NO. 86R-104: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 85R-268 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (Amending Resolution No. 85R-268 which established rates of compensation for classes designated as Middle Management/Supervisor deleting the classification of Stadium Tenant Services Supervisor and creating the classification of Stadium Event Operations Manager, X SR06, effective March 21, 1986) 24. 123: RESOLUTION NO. 86R-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SUPPLEMENT NO. 29 TO LOCAL AGENCY-STATE AGREEMENT NO. 07-5055 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID 192 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18~ 1986~ 1:05 P.M. SUPPLEMENT. (Authorizing Supplement No. 29 to the Local Agency-State Agreement No. 07-5055 to provide for Federal Aid Urban funding in the amount of $707,866 and $113,134 from the City's Gas Tax Fund for the street and storm drain improvement on Broadway between Broadview Street and Empire Street) 25. 158: RESOLUTION NO. 86R-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAXN DEEDS AND ORDERING THEIR RECORDATION. 26. 149/142: ORDINANCE NO. 4700: AN ORDINANCE OF THE CITY OF ANAHEIMADDING A NEW SUBSECTION .2290 TO SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE PROHIBITING PARKING ON STATE COLLEGE BOULEVARD. Roll Call Vote on Resolution Nos. 86R-95 through 86R-106: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-95 through 86R-106, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 139: AB220§ (CORTEGE) - OPPOSITION TO LEGISLATION: Councilwoman Kaywood moved to approve opposition to AB2206 (Cortese) as recommended in memorandum dated February 28, 1986 from the Community Development and Planning Department but with minor changes as she articulated which emphasized the City's strong opposition to the Assembly Bill and authorizing the Local Agency Formation Commission when local agency disputes arise to determine the property tax revenue transfer, including the annual tax increment, in annexation proceedings. Councilman Overholt seconded the motion. MOTION CARRIED. 175/123: CALIFORNIA-OREGON TRANSMISSION PROJECT - MEMORANDUM OF UNDERSTANDING ANNEX: Councilman Pickler moved to approve the execution of the California-Oregon Transmission Project Memorandum of Understanding Annex to provide for allocation of approximately 50 KW of the project's transfer capability to additional participants, with reimbursement of approximately $4,000 to the City for costs previously incurred to date, as recommended in memorandum dated March 7, 1986 from the Public Utilities Board. Councilman Overholt seconded the motion. MOTION CARRIED. 175/123: SECOND AGREEMENT TO AGREEMENT WITH VOLT ENERGY SYSTEMS FOR CONSERVATION SERVICES: Councilman Bay moved to authorize the Second Amendment to an agreement with Volt Energy Systems, Inc., for energy audits and conservation support services, to extend the term to January 31, 1987, and amending the fee schedule with total compensation for the new term not to exceed ~200,000, as recommended in memorandum dated February 25, 1986 from the Public Utilities Board. Councilman Pickler seconded the motion. MOTION CARRIED. 175/123: AGREEMENT WITH EARL W. GUST FOR TECHNICAL AND TRAINING SERVICES: Waiving Council Policy No. 401 and authorizing an agreement wi~ Earl W. Gust ~3 Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - March 18, 1986, 1:05 P.M. in an amount not to exceed $80,000 to provide technical and training services for a term of 24 months. Councilman Pickler moved to waive the Council Policy and approve the subject agreement. Councilwoman Kaywood seconded the motion. Before a vote was taken, Mayor Roth asked if there would be any problem in continuing the item for one week. He wanted to have more Justification before making a decision. From the audience, the Public Utilities General Manager stated there would be no problem if the matter was continued for one week. MOTION: Councilman Overholt moved to continue the subject recommendation for one week. Councilman Bay seconded the motion. MOTION CARRIED. 175: AMENDING RATES~ RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER: Amendment to Resolution No. 73R-255 to add Section D to Rule 15 of the Water Rates, Rules and Regulations which provides that the cost of all upgraded Anaheim StadiumBusiness Center (StadiumArea) water facilities shall be paid for by the property developers requiring service from such facilities. Councilman Roth offered the proposed resolution as recommended in memorandum dated March 7, 1986 from the Public Utilities Board. Before action was taken, Councilman Bay asked for clarification that the proposal was not an additional fee over and above the $4.00 the Council approved at its meeting of November 26, 1985. City Manager Talley stated the previous fee did not include utility costs. Staff did have the estimates on utility costs at the time but those were not part of the $4.00 fee. It was noted, however, that there were going to be substantial electrical and water costs that were going to have to be incurred. Norm Priest, Director of Community Development and Planning, stated at the time the decision was made, the fee included all costs staff was able to identify. Gordon Hoyt, Public Utilities General Manager, explained at the time the $4.12 figure was adopted by the Council (see minutes of November 26, 1985) the Council asked him to come forward and explain the situation with regard to utilities. At that time, he stated that relative to water facilities approximately $9 million would be required to be paid for by developers but on the electric side, the Utilities Department would provide the electric utilities unless undergrounding was desired. If there was undergrounding of existing facilities, it would cost approximately $8 million additionally. They had now removed a couple of million from their estimate of the water facilities by treating a well differently and not as a part of the project. The fee presently being proposed was 80~ a square foot based on recovering $7 million from the approximate 8 3/4 million square foot building floor area. Hayor Roth surmised then that instead of the $4.12 fee that would have to be paid by developers, another 80~ would be added to that. He thereupon withdrew his resolution. 194 City Hall, Anaheim, California - COUNCIL MINUTES - March 18, 1986, 1:05 P.M. Councilman Pickler then offered the resolution. Councilwoman Kaywood noted that the developers were present when the matter was discussed and were aware of the situation; Mayor Roth stated he did not believe the developers were aware that there was going to be an additional 80~ added to the ~.12 fee. Councilman Overholt asked if the item was continued for one week would that prejudice anything; Mr. Hoyt stated if there were any projects ready to develop that were going to be looking for water facilities the Utilities Department was not going to have the money to install those facilities. Councilman Pickler stated at the time of the previous hearing, he thought the need had been addressed and settled; City Manager Talley stated that was also staff's impression but if the Mayor wanted more time he would like the Council to give staff a directive to continue action and also not to process any permits in the meantime. MOTION: Councilman Overholt moved to continue consideration of the recommended amendment to the rates~ rules and regulations for the sale and distribution of water for one week with the express condition that no permits be processed in the interim. Councilman Bay seconded the motion. MOTION CARRIED. 117/153: RESCINDING PREVIOUS DEPUTY CITY TREASURERAPPOINTMENTS: Councilman Pickler moved to rescind all previous appointments and/or confirmation to Deputy City Treasurer including those of Elwood Coulter and Oletha Meadows, as recommended in memorandum dated February 27, 1986 from the City Treasurer, Mary Turner. Councilman Bay seconded the motion. MOTION CARRIED. 108: APPLICATION FOR PUBLIC DANCE PERMIT - EL TORITO RESTAURANTS, INC.: Councilman Bay moved to approve the Public Dance Permit submitted by E1 Torito Restaurants Inc., to hold a dance at Who-Song & Larrys, 2020 East Ball Road, on Monday March 24, 1986 from 8:00 p.m. to 1:00 a.m., in accordance with the recommendation of the Chief of Police. Councilman Overholt seconded the motion. MOTION CARRIED. 179: ITEMS SET FOR PUBLIC HEARINGS: City Clerk Sob/ announced for informational purposes that Councilwoman Kaywood requested a review and public hearing on Conditional Use Permit No. 2761 and Variance No. 3537 from the Planning Commission meeting of February 19, 1986. The items were appealed within the allowed period for appeal ending March 13, 1986. 179: SENIOR CITIZEN CONDOMINIUMS: State-Wide Developers, Inc., requesting consideration that the development standards for Senior Citizen's Apartments be expanded to include Senior Citizen's condominiums. This matter was continued from the meetings of February 11, 1986, February 18, 1986 and March 4, 1986 to this date. City Clerk Sohl announced that a written request had been received today from Tom ~incher, Senior Associate, State-wide Developers requesting a two week continuance on the subject item. 195 12 i City Hall~ Anaheim, California - COUNCIL MINUTES - March 18~ 1986, 1:05 P.M. MOTION: Councilman Roth moved to continue the subject request to Tuesday, April 1, 1986. Councilman Overholt seconded the motion. MOTION CARRIED. 115: CIVIC CENTER STRUCTURE - SIGNING AND GRAPHICS: Awarding a contract to the lowest and best responsible bidder, California Neon, in the amount of ~108,787 for the Civic Center Structure Signing and Graphics, Account No. 75-252-7101. Submitted was report dated February 21, 1986 from the City Engineer recommending the award of contract. This matter was continued from the meeting of March 4, 1986, to this date in order to allow staff to provide additional information to the Council. Mayor Roth stated after receiving additional information, he could support the award of contract with the understanding that the project is also necessary from the standpoint of making the parking structure distinguishable for theatre patrons when the theatre, nowunder construction, opens. Paul Singer, Traffic Engineer, briefed the Council relative to the details of the proposed signing. He also pointed out that when the theatre was complete, the parking structure would no longer be visible and illuminated directional signing was a part of the contract. Councilman Pickler offered Resolution No. 86R-107 for adoption. Refer to Resolution Book. RESOLUTION NO. 86R-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (CALIFORNIA NEON PRODUCTS). Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 86R-107 duly passed and adopted. 179: ORDINANCE NOS. 4701 THROUGH 4705: Councilman Roth offered Ordinance No. 4701 through 4705, both inclusive, for first reading. ORDINANCE NO. 4701: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BRT.ATING TO ZONING. (Amending Title 18, Reclass. 82-83-14, RM-1200, 522 West Vermont Avenue) ORDINANCE NO. 4702: AN ORDINANCE OF THE CITY 0FANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~RT.ATING TO ZONING. (Amending Title 18, Reclass. 77-78-16, EM-1200, 920 South Western Avenue) ORDINANCE NO. 4703: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RETATING TO ZONING. (Amending Title 18, Reclass. 84-85-27, CO, northwest corner of Katella Avenue and Lewis Street) 196 City Hallp Anaheimp Californ~a - COUNCIL MINUTES - March 18~ 1986~ 1:05 P.M. ORDINANCE NO. 4704: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE B~ATING TO ZONING. (Amending Title 18, Reclass. 85-86-4, RM-1200, 3614 West Ball Road) ORDINANCE NO. 4705: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE R~.r%TING TO ZONING. (Amending Title 18, Reclass. 85-86-20, RS-7200, 660 South Sunkist Street) 114/144: S~L~CTION OF A JAIL SITE BY THE ORANGE COUNTY BOARD OF SUPERVISORS: Mayor Roth referred to the events of the past few days leading up to the selection today by the Orange County Board of Supervisors of the Katella Avenue/Douglass Road site in Anaheim (property owned by the County) for a new County maximum security prison. The Council met in special session yesterday (March 17, 1986) and as a show of deep concern at the site selection also attended the meeting held this morning in Santa Ana where by a vote of four to one the Anaheim site was chosen from four possible sites. He emphasized his concern and alarm over the fact that in even minor zoning considerations, all those affected had to be notified, public advertising done in a timely fashion and notices posted. In this case, the City was not aware until Friday afternoon that four sites had been chosen for consideration, two of those in Anaheim, in locations critical to the City's ~mage and economy with final action to be taken on the next Tuesday. If Supervisor Ralph Clark had not contacted him (Roth) the City would not ever have had an opportunity to call the special meeting to discuss the issue, formulate a plan of opposition and listen to those in the community who would be most affected by the surprise move by the Board. The manner in,hiGh the situation was handled by the Board was not good government especially without the input of citizens and elected officials. At least a commitment was obtained from the Board of Supervisors today that a full-fledged EIR will commence so that Anaheim and neighboring cities would have an opportunity to review the report and then determine their options. He encouraged the citizens to register their position on the issue directly with the Board of Supervisors. The Mayor also asked that a letter be sent to Ralph Clark, Chairman of the Board of Supervisors, thanking him for the manner in which he conducted the meeting today. Mayor Roth left the Council Chamber. (6:15 p.m.) RECESS - CLOSED SESSION AND DINNER BREAK: Mayor Pro Tem Pickler announced that a Closed Session would be held to confer with the City Attorney regarding: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, O.C. Superior Court Case No. 40 92 46. Eakley vs. City of Anaheim, Orange County Superior Court Case No. 42-40-73. b. Significant exposure to litigation pursuant to Government Code Section $4956.9(b)(1). c. To decide whether to initiate litigation pursuant to Government Code Section 54956.9C. 197 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 18~ 1986~ 1:05 P.M. d. Personnel matters. Councilwoman Kaywood moved to recess into Closed Session and a dinner break. Councilman Pickler seconded the motion. Councilman Roth was temporarily absent. MOTION CARR/ED. (6:16 p.m.) AFTER KECESS= The Mayor called the meeting to order, all Council Members being present. (11:00 p.m.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded the motion. MOTION CAR/~IED. (11:01 p.m.) LEONORA N. SOHL, CITY CLERK 198