1986/12/02161
City Hall~ A--heim, California - COUNCIL MINUTES - December 2~ 1986, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRES ENT:
COUNCIL MEMBERS: Roth, Pickler, Hunter and Kaywood
COUNCIL MEMBERS: Bay
CITY MANAGER: William O. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Pro Tem Kaywood called the meeting to order and welcomed those
in attendance to the Council meeting.
INVOCATION: Reverend Harold Headrick, West Anaheim United Methodist Church,
gave the Invocation.
FLAG SALUTE: Council Member Don Roth led the assembly in the Pledge of
Allegiance to the Flag.
119: WELCOME: Mayor Pro Tem Kaywood welcomed the 3rd Grade Class from
Hephatha Lutheran School who were present in the Chamber audience as part of a
tour of the Civic Center.
119: PROCLAMATIONS: The following proclamations were issued by the Mayor Pro
Tem and authorized by the City Council:
Bill of Rights Week in Anaheim, December 7-15, 1986,
National Drunk and Drugged Driver Awareness Week
in Anaheim, December 7-14, 1986,
Federation Day in Anaheim, December 8, 1986.
Police Chief Jimmie Kennedy and Karen Krone, Vice-President of M_ADD (Orange
County Chapter), accepted the National Drunk and Drugged Driver Awareness Week
proclamation and Ruth Moore, President of Ebell Club and Dee Noble accepted
the Federation Day proclamation.
MINUTES: CouncilwomanKaywood moved to approve the minutes of the regular
meeting held November 12, 1986. Councilman Pickler seconded the motion.
Councilman Hunter abstained since he was not present at that meeting.
Councilman Bay was absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pickler moved to
waive the reading in full of all ordinances an~ 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. Councilman Bay was absent. MOTION CARRIED.
998
City Hall, A-~heim~ C-lifornia - COUNCIL MINUTES - December 2~ 1986, 10:00 A.M.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,726,351.50, 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. 86K-527 through 86R-531, 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 Robert Camargo for property damage sustained
purportedly due to actions of the City on or about October 2, 1986.
b. Claim submitted by Southern California Gas Company (File
No. E-186599-05-CLC) for property damage sustained purportedly due to actions
of the City on or about September 11, 1986.
c. Claim submitted by Gloria A. Hellinger for property damage sustained
purportedly due to actions of the City on or about October 4, 1986.
d. Claim submitted by Daniel Joseph Murphy III for personal injury
sustained purportedly due to actions of the City on or about August 9, 1986.
e. Claim submitted by Patricia Ann Nelson for personal injury sustained
purportedly due to actions of the City on or about June 27, 1986.
f. Claim submitted by Anne C. Matesevac for personal injury sustained
purportedly due to actions of the City on or about July 27, 1986.
2. Receiving and filing the following correspondence: (on file)
a. 105: Park and Recreation Commission, Corrected Minutes of August 27,
1986 and Regular Minutes of September 24, 1986.
b. 105: Community Redevelopment Commission Minutes, November 5, 1986.
c. 109: Department of Alcoholic Beverage Contol, Notice of Public
Hearing, December 17, 1986, on marketing practices and promotions that
foster the over consumption of alcoholic beverages.
3. 108: Ratifying the City Manager's approval of an application for a Public
Dance Permit submitted by Joel Aguirre Guerena for the Anaheim Cruz Azul
Soccer Club and Empresa Yuahualica, to hold a dance at the Anaheim Convention
Center on November 27, 1986, from 6:00 p.m. to 1:30 a.m.
4. 161: Receiving and filing the unqualified audit of the Anaheim
Redevelopment Agency for the year ended June 30, 1986, prepared by Peat,
Marwick, Mitchell & Company.
999
159
City Hall, Anaheim, California - COUNCIL MINUTES - December 2, 1986~ 10:00 A.M.
5. 177/174: Authorizing the City Manager to execute an application for
Multifamily Revenue Bonds in the amount of $26,000,000 for Chevy Chase Anaheim
Partners for the Park Vista Apartments Project (Chevy Chase); authorizing the
Housing Authority to issue bonds if allocation is awarded; and authorizing
staff to request the State to prioritize said project before Emerald Village
project.
6. 106/153: Authorizing funding for three part-time Data Entry Operators for
the Hazardous Materials Disclosure Program in the amount of 527,000 from the
General Fund balance and appropriating into Object Account No. 4191.
7. 164: Authorizing an extension of time of 36 days for Willdan Road -
Pleasant Place Sewer Project, Account No. 11-790-6325-E0550, J. W. M.
Engineering, contractor and assessing liquidated damages in the amount of
58,700 for 87 additional days.
8. 150: RESOLUTION NO. 86R-527: 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. (Finding and
determining that public convenience and necessity require the construction and
completion of a public improvement, La Palma Park Picnic Shelter Construction,
Account Nos. 25-827-7105 and 16-827-7105; and opening of bids on January 8,
1987, 2:00 p.m.)
9. 107: RESOLUTION NO. 86R-528: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (HINTZ WRECKING
COMPANY) (Awarding a contract to the lowest and best responsible bidder,
Hlntz Wrecking Co., in the amount of 56,700, for the Anaheim Boulevard
Apartment Complex Demolition, 424 North Anaheim Boulevard, Account No.
46-792-6325-E274A)
10. 164: RESOLUTION NO. 86R-529: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(WILLDAN ROAD-PLEASANT PLACE SEWER PROJECT, ACCOUNT NO. 11-790-6325-E0550)
(Accepting the completion of construction of the Willdan Road - Pleasant Place
Sewer Project, Account No. 11-790-6325-E0550, J. W. M. Emgineerimg,
contractor, and authorizing filing of the Notice of Completion therefor)
11. 158: RESOLUTION NO. 86R-530: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING A CERTAIN DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY OR INTERESTS THEREIN AND RESCINDING KESOLUTION NO.
86R-509.
12. 156/186: RESOLUTION NO. 86R-531: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN
r,R~SE FINANCING DOCUMENTS, AUTHORIZING AND DIRECTING EXECUTION OF A PURCHASE
AGREEMENT AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO.
(Authorizing certain lease financing documents, purchase agreement and certain
other actions relating to crossover refunding for Capital Improvements Project
C Certificates of Participation (Police Department), in an amount not to
exceed 525,500,000)
1000
t60
City Hall~ Anaheim, California - COUNCIL MINUTES - December 2~ 1986~ 10:00 A.M.
Roll Call Vote on Resolution Nos. 86R-527 through 86R-531:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Roth, Pickler, Hunter and Kaywood
None
Bay
The Mayor Pro Tem declared Resolution Nos. 86R-527 through 86R-531, both
inclusive, duly passed and adopted.
End of Consent Calendar. Councilman Bay was absent. MOTION CARRIED.
129: DONATION OF SURPLUS FIRE ENGINE: Authorizing the donation of one
retired Seagrave fire pumper (Unit 6008) to the Rancho Santiago College Basic
Fire Academy, as recommended in memorandum dated November 19, 1986 from Acting
Fire Chief Jeff Bowman.
City Manager William Talley announced that Dr. Robert Jensen, Chancellor, and
President Dr. Donna Picard, Dean of the Applied Arts & Science, Bill Ogden,
Director of the Fire Technology Department, and Battalion Chief Robert Bruno,
Anaheim Fire Department (retired) and Fire Chief Academy Commander were
present and wanted to express their thanks to the Council.
Councilman Roth moved to authorize the donation of one retired Seagrave fire
pumper (Unit 6008) to the Rancho Santiago College Basic Fire Academy, as
recommended.
Before action was taken, Dr. Robert Jensen, Chencellor of Rancho Santiago
College District stated that Acting Chief Bowman did present the fire truck.
He thanked the Council for their vision and generosity to the District and
also thanked staff. The donation of the fire pumper will assist in the
instructional program of the Basic Fire Academy which trains many of the
City's Fire Force and ultimately saves the City considerable dollars and
serves the community. It works very well for all the cities that cooperate in
this effort. They conduct approximately three or four different classes with
50 students in each class plus in-service training of those already hired in
order to keep their skills current. The program was an excellent one.
Councilwoman Kaywood seconded the motion. Councilman Bay was absent. MOTION
CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held November 10, 1986, pertaining to the
following applications were submitted for City Council information.
1. VARIANCE NO. 3606: Submitted by Andrew C. Schultz, to construct 8
monument type signs and 12 wall signs on ML(FP) and CO(FP) zoned property
located on the northwest corner of Orangewood Avenue and State College
Boulevard, with the following Code waivers: (a) Signs permitted in commercial
zones, (b) aggregate area of business signs.
The City Planning Commission, pursuant to Resolution No. PC86-273, granted
Variance No. 3606, and granted a negative declaration status.
1001
157
City Hall~ Anaheim~ California - COUNCIL HINUTES - December 2~ 1986~ 10:00 A.M.
2. RECLASSIFICATION NO. 86-87-14: Submitted by Hugo A. Vazquez, for a change
in zone from CL to RM-1200 to construct a 34-unit affordable apartment complex
on property 2240 West Lincoln Avenue.
The City Planning Commission, pursuant to Resolution No. PC86-274 and 275,
granted Reclassification No. 86-87-14 and then rescinded same, to be
considered at a later Planning Commission meeting, and granted a negative
declaration status.
3. RECLASSIFICATION NO. 86-87-15 AND VARIANCE NO. 3616: Submitted by Fred J.
and Olive E. Sedlak, for a change in zone from RS-A-43,000 to RM-1200, to
construct a 66-unit apartment complex on property located at 2648 West Ball
Road, with the following Code waivers: (a) Maximum fence height, (b) maximum
structural height, (c) maximum site coverage.
The City Planning Commission, pursuant to Resolution No. PC86-276 and 277,
granted Reclassification No. 86-87-15, and granted a negative declaration
status.
4. RECLASSIFICATION NO. 86-87-16 AND VARIANCE NO. 3617: Submitted by Carl
Karcher Enterprises, Inc., for a change in zone from CG and PD-C to CL, on
property located on the southeast corner of Romneya Drive and Harbor
Boulevard, with the following Code waivers: (a) Required dedication and
improvements, (b) minimum interior site boundary line setback.
The City Planning Commission, pursuant to Resolution No. PC86-278 and 279,
granted Reclassification No. 86-87-16, and granted a negative declaration
status.
5. RECLASSIFICATION NO. 86-87-17: Submitted by Steven W. and Pamela S. Hall,
et al, for a change in zone from RS-A-43,000 to RS-5,000, to permit a 7-lot,
single-family residential subdivision on property located at 2215 Loara Street.
The City Planning Commission, pursuant to Resolution No. PC86-280, granted
Reclassification No. 86-87-17, and granted a negative declaration status.
6. VARIANCE NO. 3615: Submitted by Nevada Investment Holdings, Inc., to add
5,000 square feet of retail space to an existing commercial center on CG zoned
property located at 1841 West Lincoln Avenue, with Code waiver of minimum
number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC86-281, granted
Variance No. 3615, and granted a negative declaration status.
7. VARIANCE NO. 3619: Submitted by Kathleen O. Howard, to construct a
3-story, 24-unit affordable apartment complex on RM-1200 zoned property
located at 300-322 So. Claudina Street, with the following Code waivers: (a)
Maximum structural height, (b) minimum building site area per dwelling unit,
(c) maximum site coverage.
The City Planning Commission, pursuant to Resolution No. PC86-282, granted
Variance No. 3619, and granted a negative declaration status.
1002
City Hall, Anaheim, California - COUNCIL MINUTES - December 2~ 1986, 10:00 A.M.
8. CONDITIONAL USE PERMIT NO. 2857 AND REQUEST FOR WAIVER OF COUNCIL POLICY
NO. 543: Submitted by Edgar A. Doering, (Walnut Manor), to permit a 3-story,
121-unit senior citizen apartment complex on RS-A-43,000 zoned property
located at 891 South Walnut Street, with Code waiver of minimum building site
area per dwelling unit and request for waiver of Council Policy No. 543,
pertaining to density bonuses.
The City Planning Commission, pursuant to Resolution No. PC86-283, granted
Conditional Use Permit No. 2857, and granted a negative declaration status.
9. CONDITIONAL USE PERMIT NO. 2858: Submitted by Tom Talbot, to retain an
auto repair facility on ML zoned property located at 618 East Ball Road, Unit
B, with Code waiver of minimum number of parking spaces.
The City Planning Commqssion, pursuant to Resolution No. PC86-284, granted
Conditional Use Permit No. 2858, and granted a negative declaration status.
10. CONDITIONAL USE PERMIT NO. 2860: Submitted by Terra Firma Properties,
Inc., to permit an automotive service center on CG zoned property located on
the south side of Wilken Way, east of Harbor.
The City Planning Commission, pursuant to Resolution No. PC86-285, granted
Conditional Use Permit No. 2860, and granted a negative declaration status.
11. CONDITIONAL USE PERMIT NO. 2716 (READV.)-SPECIFIC PLANS: Submitted by
City of Anaheim, for approval of final specific plans for Phase II of
construction to permit the construction of another automobile sales facility
(Canyon Subaru) on property located at the northeast corner of La Palma Avenue
and Weir Canyon Road, with Code waiver of maximum fence height.
The City Planning Commission approved Conditional Use Permit No. 2716 (Readv.)
- Specific Plans, and previously certified EIR No. 258.
End of Planning Commission Informational Items. Councilman Bay was absent.
MOTION CARRIED.
179: PROPOSED CODE AMENDMENT - INDOOR SWAP MEETS: Glen A. Makin and Dennis
McClaren, Metropolitan Marketing, Inc., requesting to amend Subsection
18.61.050 o£ the Code, to include indoor mwap maatm am a conditional uga in
the ML zone. The Planning Commission, at their meeting o£ November 24, 1986,
recommended denial of the subject request, by all Commissioners present at
that meeting.
MOTION: Councilman Pickler moved to deny the requested amendment upholding
the Planning Commission's decision. Councilman Roth seconded the motion.
Before a vote was taken, Councilman Roth asked if the applicants indicated
that they wanted to appeal the decision of the Planning Commission to the
Council.
Annika Santalahti, Assistant Director for Zoning, stated she was present at
the Planning Commission hearing and had expected that the applicants would be
1003
155
City Hallt An-heim~ California - COUNCIL MINUTES - December 2t 1986, 10:00 A.M..
present today since they knew the item was on the agenda. The Planning staff
had received no further word from the applicant.
It was determined that the applicants were not present in the Chamber audience.
A vote was then taken on the motion denying the requested amendment.
Councilman Bay was absent. MOTION CARRIED.
179: REQUEST FOR REHEARING - ORANGE COUNTY STEEL SALVAGE (OCSS): Request for
a rehearing submitted by Floyd L. Farano, Attorney for Orange County Steel
Salvage - (1) Conditional Use Permit No. 2756, to permit temporary outdoor
storage of shredder waste and dismantled automobiles on RS-A-43,000 zoned
property located at 3200 East Frontera Road, denied by Council on July 15,
1986, Resolution No. 86R-335, continued from the meetings of August 5 and 19
and September 2, 1986. And (2) 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), continued from the meeting of
November 25, 1986, #1C2)
Floyd L. Farano, Attorney representing Orange County Steel Salvage, stated the
best way to present the matter to the Council is to review a series of
questions that are perhaps foremost in the Council's mind along with an
explanation tn order to give the Council the information it needs to make a
further determination regarding the rehearing request.
Before proceeding, he referred to his report dated November 20, 1986 sent to
the City's Code Enforcement Supervisor, John Pools, stating they were in
litigation with the State Department of Health Services (DOHS). (See report
dated November 20, 1986 - made a part of the record - which broached most of
the issues expressed by Mr. Farano in his presentation - also see staff report
dated November 26, 1986 which gave the status of the conditions at OCSS and
outlined the areas of non-compliance with the existing CUP's on the property,
also made a part of the record). Mr. Farano also stated that there were
limitations on what he could say because they were in litigation with the
State but if the City Attorney feels that any of the information can be viewed
by the City Council and not become part of the record, he will be happy to
discuss any information they have concerning their research.
Mr. Farano then posed the following questions after which he supplied the
answers and/or explained the reasons for those answers as well as explaining
the measures being taken to eliminate the shredder waste:
(1) Whether or not OCSS is removing shredder waste as it is
generated at the present time.
Answer: No.
(2) Did OCSS install the process (Trezak process) mentioned at the
September 2, 1986 hearing before the Council (see minutes that date)
that will eliminate the PCB's from the shredder waste.
1004
156
City Hall, Anohetm, C~lifornia - COUNCIL MINUTES - December 2~ 1986, 10:00 A.M.
Answer: Yes - but it was found that there were PCB's still in excess
of 50 PPM and, therefore, the front end extraction of possible
contaminated material had no effect at all.
(3) Knowing that the PCB's are still there coming from the pigment
in the paint, the dashboards, steering wheels and upholstery due to a
specific exemption that was given by the Federal Government (EPA) to
General Motors on their cars made before 1982, are they leaching into
the ground?
Anwer: No.
(4) Does the shredder waste pose a health hazard in any other way
and are the PCB's escaping into the atmosphere or going somewhere
that can harm the health of anyone?
Answer: They believe not. Their consultants, Kennedy/Jenks/Chilton
are in the process of taking samples and are performing testing which
is to be completed on December 23, 1986, the theory being that the
PCB's in the shredder waste, the same as those in cars driving on the
street, are contained in material and until someone does something to
leach them out or to release them from the material they are in, they
will stay there forever. The PCB's do not present a health hazard at
this time.
(5) Is the trash (shredder waste) being separated?
Answer: At this point in time, yes. He then explained that Mr.
Adams had purchased property where the waste could eventually be
taken. They have done everything they should do to comply with the
City's requirements. Relative to the plants still in their boxes,
they have been assured by nursery people that it is an acceptable way
of planting them. If not, they will take them out of their boxes and
replant them. His client asks that the City also concur with its
ability to retain the crane in its present position until February
15, 1987. ~100,000 is tied up in the crane. It is not being used
and never has been used. It is not pretty but it is worth ~100,000
the way it is and will not be worth half of that if it is laying on
the ground and they will not have much of a chance to sell it if
dismantled. If the City declines, they will take the crane down.
Mr. Farano's presentation was followed by extensive questioning from Council
Members. During the course of the questioning, Mr. Farano also submitted
material from General Motors dated November 26, 1986 which explained the
exemption from EPA to process pigments containing greater than 50 PPM PCB from
June, 1979 to July, 1982 (made a part of the record).
Councilwoman Kaywood reiterated her concern over the fact that if recycling
operations are shut down, the result will be abandoned vehicles and one of the
major reasons why she voted in favor of modification of the CUP at the
September 2, 1986 meeting. She is also concerned over the report by Mr.
Farano that the PCB's were also found to be an automobile component in the
1005
153
City M-1l~ A--heim, California - COUNCIL MINUTES - December 2~ 1986~ 10:00 A.M.
seats, dashboards, steering wheels, etc. and if the Federal Government is
allowing the continued use of PCB's in manufacture, the ultimate disposal of
PCB's will be an ongoing problem.
Councilman Roth stated the issue before the Council today is land use. The
State Department of Health Services and the Environmental Protection Agency
(EPA) are the Agencies which determine whether the material is toxic or not.
He was also concerned, as reported by Mr. Farano, that Mr. Adams was presently
engaged in an Escrow to purchase a piece of property costing $572,000 as a
site to dispose the shredder waste without knowing if the DOHS was going to
allow him to use the site; Mr. Farano emphasized there has been no showing by
the DOHS that the shredder waste is harmful.
Mr. Farano then requested a continuance of the petitions for rehearing by the
applicant to December 23, 1986, at which time the findings of
Kennedy/Jenks/Chilton will be available and can be presented to the Council.
Councilman Pickler stated that the shredding had to be stopped. The State
feels it is a health hazard. The applicant has not complied with the
conditions imposed. Instead of Just continuing the request for a rehearing,
he wants to find out from staff what had to be done to terminate the CUP and
he wants to do it today.
Councilman Hunter stated it is his understanding that there is an Order to
Show Cause - Re: Preliminary Injunction, that has been continued to
January 12, 1987 which was originally scheduled for October 31, then
December 4, 1986 and now January 12, 1987 on the State's Preliminary
Injunction. Hopefully there will be no more continuance at that level. It
appears to him there is a good likelihood that the State is going to get their
injunction, and whether or not General Motors or foreign cars have not met
standards as far as PCB's is not the issue here today. It is a smokescreen.
The real issue is land use and whether the Council was going to stop the
activity or not. He feels the Council should have stopped it a long time
ago. It got to the point where the DOHS had to file a lawsuit to stop it.
Councilman Roth suggested that Mr. Farano cheek with his client and come up
with a proposal first to immediately stop shredding and then to delay any
further action on the CUP's until the Court action on January 12, 1987. If
the CUP's are revoked, the shredder waste pile was still going to be there;
Councilman Pickler emphasized that he had been saying that all along. That
they stop the shredding in the meantime, but the applicant has continually
said no.
Councilman Hunter disagreed with the continuance. He reiterated the issue is
land use and not where the PCB's are coming from. The matter should not be
continued again.
Mr. Farano requested that the representative from Kennedy/Jenks/Chilton be
allowed to address the Council.
Mr. Tim Landis, Kennedy/Jenks/Chilton, stated he has been involved with OCSS
for about a year. They have taken some samples that have been sent to
Associated Labs and they are going to be running two types of analyses to see
1006
154
City Hall, Anaheim, California - COUNCIL MINUTES - December 2~ 1986, 10:00 A.M.
if there is the availability of PCB's to the surrounding environment through
extraction or if they are tied up in the "fluff" material and not available to
the environment. In tests previously presented to the Council, they found no
evidence that there had been migration into the soil in or under the #fluff"
pile. It remains to be seen what the results of the extraction tests will
be. These tests have not been run in other parts of the United States.
Councilman Roth asked the City Attorney if the Council denied both motions for
a rehearing, what the status of the matter would be.
City Attorney Jack White stated the two items the Council is considering today
are requests for rehearings on Conditional Use Permit Nos. 2756 and 2525. If
both requests were denied, that action will reinstate and reaffirm the
previous actions of the City Council. As to Conditional Use Permit No. 2756,
it will provide that the permit continues to be denied. That is the CUP
relating to the temporary outdoor storage of the shredder waste and
dismantling, including the crane, on the parcel currently not covered by a
CUP. Any activity on that property, including the storage of shredder waste,
the crane or any other dismantling operation would then immediately be illegal
and in violation of the Anaheim Municipal Code.
Relative to the second Permit (Conditional Use Permit No. 2525), when the
Council previously considered the permit (see minutes of September 2, 1986)
rather than revoking it, modified certain conditions of approval and allowed
the permit to continue in existence. That decision would again be reaffirmed
and in effect. There would continue to be a permit for the operations of OCSS
on that particular parcel of land but all operations would have to be done in
compliance with the conditions of approval and the staff report has indicated
that has not recently been the case. That permit would continue in existence
unless the Council wished at the same time to set a hearing to again consider
revocation of that existing permit for that particular parcel of land.
Mr. George Adams Jr. then made a presentation to the Council. He stated the
bottom line is that PCB's in the 1950's was the wonder chemical and used in
the manufacture of many items. There were billions of pounds of PCB's in
rubber and plastics in the U.S. today. It is a major problem that he feels
will be resolved soon. Relative to the shredder waste, the pile is not
presenting a hazard and is safer than having abandoned cars all over the
road. The Jurisdiction has been turned over to the Department of Health and
that is where it should stay. He asked that they allow the Health Department
to decide whether the shredder continues running or not.
Councilwoman Kaywood asked Mr. Adams if he was willing to stop shredding now
until the Court hearing in January. Mr. Farano answered that they did not
find it possible to be able to stop shredding at this point in time. To do so
would automatically prevent his client from solving the problem. The shredder
must remain in operation. The only thing giving them the ability to be able
to pay everybody to get the Job done was the operation of the shredder. If
they do not keep the shredder working, they would not have an income stream.
Financially it is not possible to stop the shredding.
1007
151
City Hall~ Anaheim, California - COUNCIL MINUTES - December 2, 1986, 10:00 A.M.
MOTION: Councilman Pickler moved to deny the request for a rehearing on
Conditional Use Permit No. 2756. Councilman Hunter seconded the motion.
Councilman Bay was absent. MOTION CARE/ED.
MOTION: Councilman Pickler moved to deny the request for a rehearing on
Conditional Use Permit No. 2525. Councilman Hunter seconded the motion.
Councilman Bay was absent. MOTION CARRIED.
Councilman Pickler moved that an Order to Show Cause Hearing why Conditional
Use Permit No. 2525 and Conditional Use Permit No. 1703 (the original CUP
granted in 1977) should not be revoked and that the hearing be held at the
earliest possible date. Councilman Hunter seconded the motion.
Floyd Farano stated because of the nature of what was about to take place,
there was no way they could be ready for such a hearing in less than six weeks
in order to adequately address the issues.
City Clerk Sohl noted that six weeks would be the meeting of January 13, 1987.
Councilman Pickler amended his motion that the Order to Show Cause Hearing be
held January 13, 1987.
Councilman Hunter pointed out that the Preliminary Injunction Hearing was
going to be held January 12, 1987 and that the petitioner might want
additional time; Mr. Farano stated he would like as much time as possible.
Councilman Pickler stated that he did not want to continue the matter further
than January 13, 1987 but that the hearing should be scheduled for that date
and if it is necessary to continue it another week, it could be done at that
time.
Councilman Roth offered a substitute motion that the Order to Show Cause
Hearing on Conditional Use Permit No. 2525 and 1703 be held Tuesday,
January 20, 1987 at 1:30 p.m. Councilman Hunter seconded the motion.
Councilman Pickler voted no. Councilman Bay was absent. MOTION CARRIED.
179: ORDINANCE NOS. 4781 THROUGH 4784: Councilman Roth offered Ordinance
Nos. 4781 through 4784, both inclusive, for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4781: AN ORDINANCE OF THE CITY OF ANA~EIMAMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. 84-85-31, CL, 705 So. Beach Blvd.)
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)
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, RM-1200, 2642 West Lincoln Ave)
1008
t52
City Hall, Anmheim~ California - COUNCIL MINUTES - December 2, 1986, 10:00 A.M.
ORDINANCE NO. 4784: 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. 63-64-90(4), CO, 541 and 547 South Harbor
Boulevard)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Roth, Pickler, Hunter and Kaywood
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bay
The Mayor Pro Tem declared Ordinance No. 4781 through 4784, both inclusive,
duly passed and adopted.
155: ANAHEIM HILLS - SLOPE PROBLEMS: Councilman Hunter reported that he met
last evening (December 1, 1986) with the Anaheim Hill~ Master Plan Community
Association at their meeting and something the Council should start looking at
in regards to future development was the slope problem in the Hills area. It
is becoming a very big problem with many lawsuits mainly against the
developers. At the meeting they gave him a list of~numerous slope
deficiencies and although it appears they are doing'the best they can, he is
not thinking specifically about their current problems but about possible
future problems in the Hills that they can somehow t.ry to work with the
developers to put up a letter of credit or bond to assist the homeowners when
needed. The homeowners are very concerned about the Situation and so is he.
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. 40-92-4,6; Dwyer vs. City of
Anaheim, Orange County Superior Court Case .NO'~i~ 45-99-07 Calderon vs.
City of Anaheim, O.C.S.C.C. 39-95-11.
(b) Potential litigation pursuant to Governm~ent Code Section
54956.9bl.
Councilman Roth moved to recess into Closed Session. Councilman Pickler
seconded the motion. Councilman Bay was absent. MOTION CAI{KID. (11:55 a.m.)
AFTER RECESS: The Mayor Pro Tem called the meeting to Order, all Council
Members being present, with the exception of Councilman Bay. (12:32 p.m.)
123: OCCUPANCY AGREEMENT - ENTERTAINMENT SPECIALTIES/INC.: Councilwoman
Kaywood moved to approve am Occupancy Agreement betweeh the City of Anaheim
and Entertainment Specialties, Inc. and authorizing the Stadium Manager to
execute said agreement. Councilman Pickler seconded the motion. Councilman
Bay was absent. MOTION CARRIED.
112: DWYER VS. CITY OF ANAHEIM: Councilwoman Kaywood moved to authorize the
City Attorney to settle the case of Dwyer vs. City of Anaheim, Orange County
1009
149
City Hall~ Anaheim, California - COUNCIL MINUTES - December 2~ 1986, 10:00 A.M.
Superior Court Case No. 45-99-07, in an amount not to exceed 329,000.
Councilman Pickler seconded the motion. Councilman Bay was absent. MOTION
CARRIED.
ADJOUNRMENT: Councilman Pickler moved to adjourn. Councilman Hunter seconded
the motion. Councilman Bay was absent. MOTION CARKIED. (12:34 p.m.)
LEONORA N. SOHL, CITY CLERK
1010