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1986/11/25105 City Hall, Anaheim, California - COUNCIL MINUTES - November 25, 1986, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT .' ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Roth, Hunter and Pickler COUNCIL MEMBERS: Bay CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ASSOCIATE PLANNER: Greg Hastings Mayor Pro Tem Pickler called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 114: COUNCIL REORGANIZATION: In accordance with Council Policy No. 111, the Tuesday following the declaration of the result of canvass of election returns (in even numbered years), is designated as the time for Council Reorganization (selection of Mayor pro Tem). 'Councilman Pickler nominated Councilwoman Miriam Kaywood to be Mayor Pro Tem since she is presently starting her fourth term as a Council Member, has done an outstanding job and is deserving of the position. He feels the position is one that should be rotated and he is hoping when a full Council is present they can put the issue to rest where the senior Council Member starts as Mayor Pro Tem rotating to the next senior member and so forth. There were no other nominations. Councilman Roth moved that nominations be closed. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler moved a unanimous ballot that Councilwoman Kaywood be selected as Mayor Pro Tem. There was no opposition. Councilwoman Kaywood was thereupon selected as Mayor Pro Tem of the City Council. Mayor Pro Tem Kaywood stated that she was happy to accept and appreciated the Council's confidence and support. MINUTES: Councilwoman Kaywood moved to approve the minutes of the special meeting held October 31, 1986 with corrections as articulated and the regular meeting held November 4, 1986. Councilman Pickler seconded the motion. Councilman Hunter abstained. Councilman Bay was absent. MOTION CARRIED. 982 106 City Hall, Anaheim, California - COUNCIL MINUTES - November 25, 1986, 10:00 A.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth 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. Councilwoman Kaywood seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 32,153,988.80, in accordance with the 1986-87 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Hunter, 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-516 through 86R-520, 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 Kathy Allen & Anthoney Perna for property damage and personal injury sustained purportedly due to actions o'f the City on or about July 3, 1986. b. Claim submitted by Shelly Bosely for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. c. Claim submitted by James M. Docherty for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. d. Claim submitted by Linda Dubosq for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. e. Claim submitted by Mary Gerry for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. f. Claim submitted by Philip E. Gregoire for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. g. Claim submitted by Craig Harbison for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. h. Claim submitted by Richard L. Holsinger for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. 983 City Hall~ Anaheim, California - COUNCIL MINUTES - November 25~ 1986, 10:00 A.M. i. Claim submitted by Richard & Terry W. Holsinger for property damage and personal injury sustained purportedly due to actions of the City on or about 3uly 3, 1986. J. Claim submitted by Archie L., Charles & Jeff Holton for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. k. Claim submitted by Roger & Melody Karsting for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. 1. Claim submitted by Claire M. Lichtenberger for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. m. Claim submitted by Mary A. Long for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. n. Claim submitted by Craig McDonough for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. o. Claim submitted by David Moran for property damag6 and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. p. Claim submitted by George Morton for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. q. Claim submitted by Randy S. Muns for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. r. Claim submitted by Thomas J. Olen for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. s. Claim submitted by Sylvia Pena for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. t. Claim submitted by Birgitta Poole for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. s. Claim submitted by Ingrid A. Poole for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. u. Claim submitted by Jerry Stevens Pokracki for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. 984 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - November 25, 1986~ 10:00 A.M. v. Claim submitted by Cynthia L. Roberts for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. w. Claim submitted by Thomas M. Sawyer for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. x. Claim submitted by Marc & Michelle Smith for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. y. Claim submitted by Lori Stevenson for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. z. Claim submitted by James & Sarah Sutherland for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. aa. Claim submitted by William Tandler for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. bb. Claim submitted by Thomas A. Taulbee for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. cc. Claim submitted by Kelly Janeen Tenner for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. dd. Claim submitted by Tim Underwood for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. ee. Claim submitted by Gerald R. & Charlene Walker for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 198§. ff. Claim submitted by Cynthia R. Webb for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. gg. Claim submitted by Deborah Witt for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. hh. Claim submitted by Salvadore & Irma Zucco for property damage and personal injury sustained purportedly due to actions of the City on or about July 3, 1986. 985 101 City Hall, Anaheim, California - COUNCIL MINUTES - November 25, 1986~ 10:00 A.M. 2. Receiving and filing the following correspondence: (on file) a. 107: Planning Department, Building Division--Monthly Report for October 1986. b. 105: Community Service Board, Minutes of October 9, 1986. c. 105: Public Utilities Board, Minutes of October 16, 1986. d. 105: Senior Citizens Commission, Minutes of October 9, 1986. 3. 128: Receiving and filing the Annual Financial Report for the year ended June 30, 1986. 4. 180/123/106: Authorizing the proposed restructuring of the Workers' Compensation Claims Program to a program of self administration effective February 1, 1987 at the expiration of the agreement with ComCo Management, Inc. as third-party administrator; and approving the transfer of funds in the amount of 5187,900 from the Workers' Compensation Claims Reserve Fund to Control Center 38 for one-time start-up costs and operation of the program for the remainder of FY 1986/87. 5. 153: Authorizing Amendment No. 2 to the City Flexible Compensation Plan to include members of the Anaheim Fire Association, effective January 1, 1987. 6. 129: Approving the request of P. H. Hagopian, contractor for Fire Station Nos. 2 and 3, Account Nos. 01-935 and 01-940, for substitution of Bayshore Tile Company for California Living as subcontractor for ceramic tile. 7. 106: Authorizing the transfer of 561,400 from the unappropriated Federal Revenue Sharing Fund balance to the Stadium concourse flooring project, Account No. 24-14-75-980-7107. 8. 153: Amending the self-funded City Comprehensive Medical Plan to change the requirement relating to Second Surgical Opinions, effective January 1, 1987. 9. 161: Receiving and filing the Statement of Preparation of Redevelopment Plan for the Katella Redevelopment Project Area and related documents therefor; directing Staff to consult with the Redevelopment Agency as required during adoption of the proposed area; and designating the Director of Planning and Community Development as the Council's representative for any consultations. 10. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of 5103,013.98 for three 24,000 GVW tilt cab/chassis, in accordance with Bid No. A-4378. 11. 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 520,140 for five police vehicle radios with accessories. 986 1.02 City Hall, Anaheim, California - COUNCIL MINUTES - November 25, 1986, 10:00 A.M. 12. 153: RESOLUTION NO. 86R-516: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-486, NUNC PRO TUNC. (Amending Resolution No. 84R-486, nunc pro tunc, adding the classifications of Part Time Police Officer, Detective/Investigator and Part Time Police Officer - Master Advanced, effective October 3, 1986). 13. 153: RESOLUTION NO. 86R-517: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDINGRESOLUTION NO. 86R-495, NUNC PRO TUNC. (Amending Resolution No. 86R-495, nunc pro tunc, to include the exempt status designation of Senior Housing Rehabilitation Counselor). 14. 153: RESOLUTION NO. 86R-518: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-294, NUNC PRO TUNC. (Amending Resolution No. 86R-294, nunc pro tunc, to include the exempt status designation of Senior Housing Specialist). 15. 160: RESOLUTION NO. 86R-519: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE AND TRANSFERRING THE SAME TO THE CITY PURCHASING DIVISION. 16. 158: RESOLUTION NO. 86R-520: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. Roll Call Vote on Resolution Nos. 86R-516 through 86R-520: AYES: NOES: ABSENT: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Roth, Pickler, Hunter and Kaywood None Bay The Mayor Pro Tem declared Resolution Nos. 86R-516 through 86R-520, both inclusive, duly passed and adopted. End of Consent Calendar. Councilman Bay was absent. MOTION CARRIED. 123/160: ACCEPTANCE OF BID - TELECOMMUNICATION SYSTEM - CENTEL FACILITIES COMMUNICATION: Accepting the bid of Centel Facilities Communication and authorizing the execution of a contract for an exhibitors telecommunication ~ystam for a term of seven years, in accordance with Bid No. A-4348, as recommended in memorandum dated November 17, 1986 from Diane Hughart, Purchasing Agent. City Manager William Talley explained staff would like to temporarily remove the item from the Consent Calendar. He did not understand one aspect that he wanted to convey verbally to the Council prior to recommending the Council accept the bid. The item was trailed until later in the meeting. Later in the meeting (10:59 a.m.), Mr. Talley stated Centel submitted an offer which he believes is in the City's best interest to consider as an amendment and explained same. In that case, one of the things that would change 987 99 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 25~ 1986~ 10:00 A.M. substantially is the buy-out provision which currently at the end of four years is ~400,000, but at the end of 7 years would be the unamortized balance which would be nothing if the City owned the equipment, plus one year's rates which could be $2 million to buy out a contract that in effect had expired. That will be discussed at approximately 2:00 p.m. today. Council may want to consider the advisability of providing the capital and taking advantage of the rate of return. Staff wanted to offer that concept to Council at 2:00 p.m. before recommending a motion and having the Council act on that motion at this time. At 2:00 p.m., City Manager Talley stated that staff recommends that Council, by motion, accept the bid of Centel Facilities Communication as publicly advertised. In the interim, since the Council considered the item, staff has a letter agreement signed by Lynn Thompson, General Manager, Anaheim Convention Center and J.B. Holmes, Centel Facilities Communication Company Board Member saying they will agree to enter into an amendment and that would be brought back to the Council at a later date which would provide the City to have the option of providing necessary capital funds for the acquisition of the system equipment and necessary upgrades. If that was done, the proposed buy-out contracts would be substantially modified to reflect investment by the City and would also be able to obtain increased revenues of 15% of the first ~1,200,000 a year and 5% on any amount exceeding that. It is the intent to complete the negotiations, bring the amendment back and Council could then decide if they wanted to amend the agreement or not. Councilman Pickler moved to accept the bid of Centel Facilities Communication and authorize the execution of a contract for an exhibitors telecommunication system for a term of seven years, in accordance with Bid No. A-4348, as recommended in memorandum dated November 17, 1986 from Diane Hughart, Purchasing Agent. Before action was taken, City Attorney White pointed out, (1) the agreement to agree upon an amendment is currently non-binding until such time as it brought back to the Council for approval and (2) the Council should affirm that the offer of the Company to enter into such an amendment and negotiate that change to the agreement is a material consideration in the Council approving the contract today. Councilman Pickler accepted those two points and made them a part of the motion. Councilman Hunter seconded the motion including the two provisions as articulated by the City Attorney. Councilman Bay was absent. MOTION CARRIED. 179: AMENDMENT OF LEGAL DESCRIPTION - VARIANCE NO. 3523: Councilman Pickler offered Resolution No. 86R-521 for adoption, amending the legal description of Variance No. 3523 as set forth in Resolution No. 86R-65, nunc pro tunc. Refer to Resolution Book. RESOLUTION NO. 86R-521: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE LEGAL DESCRIPTION OF VARIANCE NO. 3523 AS SET FORTH IN RESOLUTION NO. 86R-65, NUNC PRO TUNC. Roll Call Vote: 988 100 City Nmll, Anaheim~ C~ltfornia - COUNCIL MINUTES - November 25~ 1986~ 10:00 A.M. AYES: COUNCIL MEMBERS: Roth, Pickler, Hunter and Kaywood NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL HEMBERS: Bay The Mayor Pro Tem declared Resolution No. 86R-521 duly passed and adopted. 179: REQUEST FOR RF. HEARING - CONDITIONAL USE PERMIT NO. 2525 - ORANGE COUNTY STEEL SALVAGE (OCSS): Request for a Rehearing submitted by Floyd L. Farano, Farano and Kieviet, received after expiration of the appeal date, for Conditional Use Permit No. 2525, modifying conditions of approval for expansion of a resource recovery and recycling operation including an automobile dismantling business with wholesale and retail sales of auto parts on ML zoned property located at 3200 Frontera Street (Orange County Steel Salvage). The request was submitted under letter dated November 11, 1986 attached to which was an affidavit in support of the petition for a rehearing. Mr. Jeff Farano, attorney, Farano & Kieviet, stated that relative to the rehearing request, they are now asking for a continuance of the matter for several reasons. Floyd Farano, who is handling the case, was unexpectedly called away from the office and unable to be present. 'Secondly, court litigation is set in January which could make the matter moot. They are requesting that the matter be continued until after that time. Councilman Roth moved to continue the matter as requested. Councilman Pickler seconded the motion. Before a vote was taken, discussion followed relative to the time frame for continuance; Mr. Farano stated their request is for a 60-day continuance. City Attorney Jack White, explained that the request is for the Council to continue their consideration on whether or not to grant a rehearing. The previous action of the Council was not to revoke the existing CUP but to modify the conditions of its approval (see minutes of September 2, 1986). The request now is that the Council hold a rehearing on those conditions due to some alleged additional facts not before the Council at the time of that hearing. He does not see a prejudice to either side as a result of granting a continuance nor a change in the status quo as far as the City is concerned if the continuance is granted. The State Attorney General's Office has filed a Court action to enjoin and abate exlstln§ conditions which is currently pending. It is at the Council's discretion to continue the request or grant the rehearing. He would have no recommendation or objection either way. Councilman Pickler stated he has no problem with the request but a problem with what OCSS is doing. He would like a report from staff as to whether they are complying with the conditions imposed by the Council. He wants to know if they are removing the "fluff", taking down the crane, etc, all of the items discussed at the meeting of September 2, 1986. He believes the "fluff" is still endangering the environment. Waiting until January may not be the end of the matter. He has no problem with the continuation request but wants a report on the progress being made. 989 City Hall, Anaheim, California - COUNCIL MINUTES - November 25, 1986, 10:00 A.M. City Clerk Sohl explained that next week's agenda, December 2, 1986, is the week to which the Council continued their previous action on OCSS on another request for rehearing (Conditional Use Permit No. 2756). Councilman Roth stated as his colleagues would recall, he was opposed to the action taken at the meeting of September 2, 1986 and wanted to close 0CSS down at that time. He again reaffirmed his position and his deep concerns relative to the "fluff" build-up. However, the primary responsibility is with the State and they have litigation in progress with Mr. Adams and Orange County Steel Salvage. He suggested that a briefing be given by staff relative to the whole matter. Mayor Pro TemKaywood recalled that a specific condition imposed was that any new "fluff' being generated was to be removed from the premises immediately and no second pile was to be started. If another pile was growing, something must be done immediately. Councilman Roth stated that he predicted that the applicant would be back before the Council. Further, if toxics were being stored over 60 days, the State Department of Health was supposed to do something about it. City Manager Talley asked for clarification if, in fact, the Council wanted a status report; Councilman Hunter answered yes. He noted that as explained, the issue might be moot as to what the State is going to do i~ January. He is deeply concerned as Councilman Pickler expressed that the ."fluff" pile is still on the premises. He has never met Mr. Adams but has been updated on the whole situation. He agrees with Councilman Roth that the whole matter needs to go forward and the City and State together ought to do something about it. It cannot go on and something had to be done. After further discussion, it was determined that the motion is to continue the request until next week's meeting, December 2, 1986 which is the time the former continuance of a request for rehearing was scheduled. Floyd Farano had entered the Council Chamber and agreed with the motion. He stated that many things had occurred since the last hearing where it may be that any further hearing should be held off until they find out where they are going. Mayor Pro Tem Kaywood asked if a new pile of "fluff" was being generated. Mr. Farano answered that they wrote a letter to the City's Code Enforcement Supervisor John Poole, and there is some question as to whether or not a new pile has been commenced. They have reached an agreement with Mr. Poole that things will be done in a way that will alleviate any question as to whether a new pile has been started and being maintained. Mayor Pro Tem Kaywood asked if the new "fluff" was being trucked out; Mr. Farano answered no. They did not have any place they could take it. The State of California interrupted them from taking it to other landfill sites. 990 98 City Hall, Anaheim~ California - COUNCIL MINUTES - November 25~ 1986~ 10:00 A.M. A vote was then taken on the motion of continuance amended to continue the request for rehearing on Conditional Use Permit No. 2525 to December 2, 1986 and that a report be subm/tted by staff giving the status of the situation. Councilman Bay was absent. MOTION CARRIED. 134: GENERAL PLAN AMENDMENT NO. 216 - SETTING THE DATE AND TIME FOR A PUBLIC HEARING: Councilman Pickler moved that Tuesday, December 16, 1986 at 1:30 p.m. be the date and time set for a public hearing on GPA No. 216, to consider an amendment to the Land Use Element of the General Plan proposing a redesignation from medium density residential designation to designations including but not limited to low-medium density residential, low-density residential and/or general commercial for an area of approximately 21 acres bounded by La Palma Avenue, Lemon Street, Wilhelmina Street and the public alley westerly of Anaheim Boulevard. Councilman Roth seconded the motion. Councilman Bay was absent. MOTION CARRIED. 179: ORDINANCE NO. 4780: Councilman Roth offered Ordinance No. 4780 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4780: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.61.050.600 OF CHAPTER 18.61 TITLE 18 0F THE ANAHEIM MUNICIPAL CODE TO PERMIT CHURCHES BY CONDITIONAL USE PERMIT IN THE ANAHEIM CANYON INDUSTRIAL AREA AND REPEALING ORDINANCE NO. 4743. Roll Call Vote: AYES: COUNCIL MEMBERS: Roth, NOES: COUNCIL MEMBERS: None ABSENT: COUNCILMEMBERS: Bay Pickler, Hunter and Kaywood The Mayor declared Ordinance No. 4780 duly passed and adopted. 179: ORDINANCE NO. 4781: Councilman Roth offered Ordinance No. first reading. 4781 for ORDINANCE NO. 4781: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MA~ REFmU~D TO IN ~ITLE 18 OF THE ANAHEZM MUNICIPAL CODE ~ELAT~NG TO ZONING. (Amending Title 18, Raelass. 84-85-31, CL, 705 So. Beach Blvd) 179: ORDINANCE NO. 4782: Councilman Pickler offered Ordinance No. 4782 for first reading. ORDINANCE NO. 4782: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 85-86-33, CL, 509 East Katella) 179: ORDINANCE NO. 4783: Councilman Roth offered Ordinance No. 4783 for first reading. ORDINANCE NO. 4783: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 85-86-39, ILM-1200, 2642 West Lincoln Ave) 991 95 City ~,ll~ Anaheim, California - COUNCIL MINUTES - November 25~ 1986, 10:00 A.M. 179: ORDINANCE NO. 4784: Councilman Hunter offered Ordinance No. 4784 for first reading. ORDINANCE NO. 4784: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFER~ED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 63-64-90(4), CO, 541 and 547 South Harbor Boulevard) RECESS: Councilwoman KaYWood moved to recess to 11:00 a.m. Councilman Pickler seconded the motion. Councilman Bay was absent. MOTION CARRIED. (10:46 a.m.) AFTER RECESS: Mayor Pro Tem Kaywood called the meeting to order, all Council Members being present, with the exception of Councilman Bay. (10:59 a.m.) This was a point in the meeting where the Centel Facilities Communication bid was discussed (see discussion - acceptance of bid - Telecommunication System - Centel Facilities Communication). RECESS - CLOSED SESSION: Mayor Pro Tem Kaywood 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, Orange County Superior Court Case No. 40-92-46. (b) Potential litigation pursuant to Government Code Section 54956.9(c) Councilwoman Kaywood moved to recess into Closed Session and a lunch break. Councilman Roth seconded the motion. Councilman Bay was absent. MOTION CARRIED. (11:02 a.m.) AFTER RECESS: Mayor Pro Tem Kaywood called the meeting to order, all Council Members being present, with the exception of Councilman Bay. (1:51 p.m.) Before proceeding, Mayor Pro Tem Kaywood announced that the continued public hearing on General Plan Amendment No. 218, Reclassification No. 86-87-3 and Variance No. 3588 and Negative D~elaration submitted by D & D Development Company was set for Tuesday December 9, 1986 at 1:30 p.m. She understood there may be some people in the Chamber audience who thought the hearing was continued to this date (November 25, 1986). 114: COUNCIL MEETING DECEMBER 23~ 1986: Mayor Pro Tem Kaywood announced it had been determined that there may be anticipated a lack of a quorum on Tuesday, December 23, 1986 because of the holidays. 179: PUBLIC'W~RING - REVISION TO EXHIBIT NO. 7 OF THE SANTA ANA CANYON ROAD ACCESS POINT STUDY~ CONDITIONAL USE PERMIT NO. 2846 AND NEGATIVE DECLARATION: APPLICANT: Caryl S. Foster, Kaiser Development Company 2121 Palomar Airport Road, Suite 201 Carlsbad, Ca. 92008 992 96 Ctt~ Hall, Anaheim, California - COUNClL MINUTES - November 25~ 1986~ 10:00 A.M. ILEQUEST/ZONING/LOCATION: To permit a 57.5 foot high, 150-room hotel/motel on approximately 19.7 acres of GL(SC) zoned property located at the northwest corner of Santa Aha Canyon Road and Weir Canyon Road, with Code waiver of maximum structural height, and further to revise Exhibit No. 7 of the Santa Aha Canyon Road Access Point Study to include access points designated as Nos. 13, 14, and 15. PLANNING COMMISSION ACTION: Resolution No. PC86-254 and 255, granted the revision to Exhibit No. 7 and granted Conditional Use Permit No. 2846; approved EIR - Negative Declaration. HEARING SET ON: Planning Commission recommended that the Council review the proposed revision to Exhibit No. 7 and Councilman Pickler requested a review of the Planning Commission decision on that basis at the Council meeting of October 14, 1986. Also included were Variance No. 3603, Conditional Use Permit No. 2844, Conditional Use Permit No. 2845 and Negative Declarations therefore since they were all a part of the same project. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 13, 1986. Posting of property November 14, 1986. Mailing to property owners within 300 feet - November 14, 1986. Notice requirements were the same for Revision No. 7 Access Point Study, Conditional Use Permit No. 2846, Variance No. 3603, Conditional Use Permit No. 2844 and Conditional Use Permit No. 2845. These are all a part of the same project. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated September 29, 1986, submitted on each of the items (Revision No. 7, Access Point Study, Conditional Use Permit No. 2846, Variance No. 3603, Conditional Use Permit No. 2844 and Conditional Use Permit No. 2845). 179: PUBLIC HEARING - VARIANCE NO. 3603 AND NEGATIVE DECLARATION: APPLICANT: Same as above. EEQUEST/ZONING/LOCATION: To construct a commercial complex on approximately 19.7 acres of GL(SC) zoned property located at the northwest corner of Santa Aha Canyon Road and Weir Canyon Road, with the following Code waivers: a) minimum structural setback, b) minimum number of parking spaces, c) maximum wall height and d) required site screening. PLANNING COMMISSION ACTION: Resolution No. PC86-251 granted Variance No. 3603; approved EIR - Negative Declaration. HEARING SET ON: Same as above. PUBLIC NOTICE REQUIREMENTS MET BY: (Same as above) 993 City Hall~ Anaheim, California - COUNCIL MINUTES - November 25, 1986, 10:00 A.M. PLANNING STAFF INPUT: See Staff Report to the Plannin~ Commission dated (same as above) 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2844 AND NEGATIVE DECLARATION: APPLICANT: Same as above. REQUEST/ZONING/LOCATION: To permit a gas station with a mini-mart and a car wash on approximately 19.7 acres of CL(SC) zoned property located at the northwest corner of Santa Ana Canyon Road and Weir Canyon Road, with Code waiver of minimum structural setback. PLANNING COMMISSION ACTION: Resolution No. PC86-252 granted Conditional Use Permit No. 2844; approved EIR - Negative Declaration. HEARING SET ON: Same as above. PUBLIC NOTICE REQUIREMENTS MET BY: (Same as above) PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated (same as above). 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2845 AND NEGATIVE DECLARATION: APPLICANT: Same as above. REQUEST~ZONING~LOCATION: To permit three (3) drive-through restaurants on approximately 19.7 acres of CL(SC) zoned property located at the northwest corner of Santa Aha Canyon Road and Weir Canyon Road, with Code waiver of minimum structural setback. PLANNING COMMISSION ACTION: Resolution No. PC86-253 granted Conditional Use Permit No. 2845; approved EIR - Negative Declaration. HEARING SET ON: Same as above. PUBLIC NOTICE REQUIREMENTS MET BY: (Same as above) PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated (same as above). APPLICANT'S STATEMENT: Caryl Foster was present to answer questions. Councilman Pickler. He explained the item was set for a public hearing in regard, to the requested Revision to Exhibit No. 7 of the Santa Ana Canyon Road Access Point Study. The Planning Commission requested that the Council review the request. He asked to hear from staff. 994 City Hall, Anaheim, California - COUNCIL MINUTES - November 25, 1986, 10:00 A.M. Greg Hastings, Associate Planner. The Santa Ana Canyon Road Access Point Study was originally approved by the Council in 1966. There have been approximately 8 revisions to the plan. The applicant is requesting another revision which requires Council action, and therefore, the Planning Commission recommended the Council review the request. It was his understanding there was no problem relative to the requested revision either with the Planning Commission or Planning Staff. Councilwoman Kaywood. She was concerned relative to the minimum structural setback especially when something goes into raw land and they begin by asking for that kind of waiver. She asked if it was a height differential or what the problem was. Annika Santalahti, Assistant Director for Zoning. The structural setback is similar to what they have seen at other commercial locations along Santa Aha Canyon Road. There is a bit of a grade differential also along portions of this property relative to Santa Aha Canyon Road. She referred to the posted Exhibit showing the kind of height differentials taking place along that road. Perhaps the applicant can speak to the reason he is wanting less than a 100-foot setback. It was not a problem for staff. They do maintain a landscaped setback of 20 feet as required by Code with the differences in some instances, the street level being above the pad of the structures. She saw no problem relative to the setback. Caryl Foster. They tried to work within the 100-foot setback where possible. This particular site is impacted by the 100-foot setback along all three sides, Santa Aha Canyon Road, Weir Canyon and the Freeway. Where possible, they placed their buildings in excess of the 100-foot setback. All buildings along Santa Aha Canyon Road are limited to 35 feet in height. There will be a 14-foot landscaped setback with a 3 1/3 foot berm along Santa Aha Canyon Road and also a garden screen wall along the perimeter of the sight facing the freeway which will screen the back of the service entrances from the freeway. Due to the constraints of the site, there is a 50-foot wide easement along the portion indicated by the red line on the posted Exhibit. There is a Metropolitan Water District water line easement and there are a number of other constraints along with the grade level which dictated where they placed their buildings. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. 995 91 City Hall~ Anaheim, California - COUNCIL MINUTES - November 25, 1986~ 10:00 A.M. COUNCIL ACTION: Mayor Pro Tem Kaywood closed the public hearing on all matters. ENVlKONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Roth, the City Council approved the negative declaration on the following - Revision to Exhibit No. 7 of the Santa Ama Canyon Road Access Point Study, Conditional Use Permit No. 2846, Variance No. 3603, Conditional Use Permit No. 2844, Conditional Use Permit No. 2845 - upon finding that it has considered the negative declarations together with any comments received during the public review process, and further finding on the basis of the initial studies and any comments received that there is no substantial evidence that the projects will have a significant effect on the environment. Councilman Bay was absent. MOTION CARRIED. Councilman Pickler offered Resolution No. 86R-522 for adoption, approving Exhibit No. 7 of the Santa Ana Canyon Road Access Point Study to include access points designated as Nos. 13, 14 and 15. Refer to Resolution Book. RESOLUTION NO. 86R-522: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A REVISION TO EXHIBIT 7 T0 THE SANTA ANA CANYON ACCESS POINT STUDY AREA TO INCLUDE ACCESS PONTS DESIGNATED AS NOS. 13, 14 AND 15 EXHIBIT A. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Roth, COUNCIL MEMBERS: None COUNCIL MEMBERS: Bay Pickler, Hunter and Kaywood The Mayor Pro Tem declared Resolution No. 86R-522 duly passed and adopted. Councilman Roth offered Resolution No. 86R-523 for adoption, granting Conditional Use Permit No. 2846. Refer to Resolution Book. RESOLUTION NO. 86R-523: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2846. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Roth, Pickler, Hunter and Kaywood None Bay The Mayor Pro Tem declared Resolution No. 86R-523 duly passed and adopted. Councilman Roth offered Resolution No. 86R-524 for adoption, granting Variance No. 3606. Refer to Resolution Book. RESOLUTION NO. 86R-524: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3606. Roll Call Vote: 996 92 City Hall~ Anaheim, California - COUNCIL MINUTES - November 25, 1986, 10:00 A.M. AYES: COUNCIL MEMBERS: Roth, Pickler, Hunter and Kaywood NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bay The Mayor declared Resolution No. 86R-524 duly passed and adopted. Councilman Roth offered Resolution No. 86R-525 for adoption, granting Conditional Use Permit No. 2844. Refer to Resolution Book. RESOLUTION NO. 86R-525: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2844. Roll Call Vote: AYES: COUNCIL MEMBERS: Roth, Pickler, Hunter and Kaywood NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bay The Mayor Pro Tem declared Resolution No. 86R-525 duly passed and adopted. Councilman Roth offered Resolution No. 86R-526 for adoption, granting Conditional Use Permit No. 2845. Refer to Resolution Book. RESOLUTION NO. 86R-526: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2845. Roll Call Vote: AYES: COUNCIL MENDERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Roth, Pickler, Hunter and Kaywood None Bay The Mayor Pro Tem declared Resolution No. 86R-526 duly passed and adopted. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. Councilman Bay was absent. MOTION CARRIED. (2:07 p.m.) LEONORA N. SOHL, CITY CLERK 997