Loading...
1987/03/17City H~!i~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT ABSENT: VACANCY PRESENT COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay COUNCIL MEMBERS: None COUNCIL MEMBERS: One CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl CITY TREASURER: Mary Turner ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ASSISTANT DIRECTOR OF PLANNING: Joel Fick ASSOCIATE PLANNER: Mary McCloskey TRAFFIC ENGINEER: Paul Singer CODE ENFORCEMENT SUPERVISOR: John Poole A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:45 p.m. on March 13, 1987 at the Civic Center front lobby window, containing all items as shown herein. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46.2. b. Labor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section 54956.9(c). Councilwoman Kaywood moved to recess into Closed Session. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. (12:11 p.m.) AFTER CLOSED RECESS: The Mayor reconvened the meeting at 1:30 p.m. and welcomed all those in attendance. INVOCATION: Reverend Harold Headriek, We~t Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Mayor Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamations were issued by Mayor Bay and authorized by the City Council: 197 211,0.' City Hall~ Anaheim, California - COUNCIL MINUTES - March 17~ 1987, 1:30 P.M. American Association of University Women Week in Anaheim, March 15-21, 1987, Rotary International Weekend in Anaheim, March 19-22, 1987. Sandra DiSario accepted the American Association of University Women Week proclamation. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held February 24, 1987. Councilman Bay seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 34,693,890.02, in accordance with the 1986-87 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 87R-78 through 87R-84, 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 Euoenis Sanchez for bodily injury sustained purportedly due to actions of the City on or about September 6, 1986. b. Claim submitted by Evelyn Scaglione for bodily injury sustained purportedly due to actions of the City on or about October 5, 1986. c. Claim submitted by Mercury Insurance Group (William G. Conoway, insured) for property damage sustained purportedly due tO actions of the City on or about October 18, 1986. d. Claim submitted by Howard Joseph Prescott for property damage sustained purportedly due to actions of the City on or about January 9, 1987. 2. Receiving and filing the following correspondence; (on file) s. 156: Police Department--Fourth Quarter 1986 Crime Report. 198 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. 3. 156/106: Accepting $2,790 for the support and expansion of the Police Canine Program, increasing Account Nos. 01-182-6540 and 01-182-7121 by $1,000 and $1,790, respectively, and increasing Revenue Account No. 01-3187 by ~2,790. 4. 175/123: Authorizing an Easement Agreement with Orange County Water District granting the City easements for well sites and appurtenant pipelines on the west side of Anaheim Lake (R/W 3977). 5. 123: Authorizing an agreement with Environmental Images, in the amount of ~700, to provide landscape architect services to revise plans and specifications in connection with the Route 91/57 overcrossing slope landscaping. 6. 175/123: Authorizing Southern California Edison Company to execute, as Operating Agent of the San Onofre Nuclear Generating Station, Modification No. 5 to the Department of Energy Utility Services Contract No. DE-SC05-84UE7541 and authorizing the Public Utilities General Manager to forward said authorization to Southern California Edison. 7. 153/123: Accepting the bid of Boston Mutual to provide $100,000 individual excess stop loss coverage for the Employee Self-funded Medical Plan and to provide basic term life insurance; authorizing the Human Resources Director to sign application on behalf of the City and an administration agreement with Boston Mutual, and Equicor for individual excess stop loss administration, to be effective January 1, 1987; and to notify Equicor of the City's intent to cancel the existing basic life insurance contract. 8. 165: RESOLUTION NO. 87R-78: 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. (1986-87 Alley Improvement, first Alley w/o Euclid Street between Crone Avenue and Beacon Avenue, first Alley w/o Anaheim Blvd. between South Street and Vermont Avenue, first Alley w/o Olive Street between Valencia Avenue and Vermont Avenue, Account Nos. 01-793-6325-E3130 and 54-484-6993-00710; and opening of bids on April 16, 1987, 2:00 p.m.) 9. 181: RESOLUTION NO. 87R-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A/~AHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (ED LAYTON CONSTRUCTION COMPANY, INC.) (Awarding a contract to the lowest and best responsible bidder, Ed Layton Construction Company, Inc., for the Anaheim Museum Rehabilitation, 241 South Anaheim Boulevard, Account No. 46-928-6325, in an amount not to exceed $563,447.00) 10. 153: RESOLUTION NO. 87R-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-008 WHICH ESTABLISHED RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS WITH FULL-TIME EQUIVALENTS. (Amending Resolution No. 86R-008 which established rates compensation for unrepresented part-time Job classifications with full-time equivalents, effective October 17, 1986 through October 15, 1987) 11. 153: RESOLUTION NO. 87R-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-290 ESTABLISHING THE MANAGEMENT PAY PLAN BY ADJUSTING THE MANAGEMENT SALARY STRUCTURE, ESTABLISHING RATES OF 199 City Hall~ An-beim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT. (Amending Resolution No. 86R-290 to change the salary range of the Convention Center Operations Manager to XSR09, effective March 20, 1987) 12. 153: RESOLUTION NO. 87R-82: 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. 86R-103 AND AMENDMENTS THERETO. (Establishing rates of compensation for unrepresented part-time Job classifications and superseding Resolution No. 86R-103 and amendments thereto, effective March 20, 1987) 13. 161: RESOLUTION NO. 87R-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A REPRESENTATIVE PROJECT AREA COMMITTEE IN THE KATELLA REDEVELOPMENT PROJECT AREA. (Approving a representative Project Area Committee (PAC) for the Katella Redevelopment Project Area) 14. 158: RESOLUTION NO. 87R-84: 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. 87R-78 through 87R-84: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution Nos. 87R-78 through 87R-84, both inclusive, duly passed and adopted. End of Consent Calendar. 124/106: DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENT PHASE - BETTERMENT III - PROPOSED CONVENTION CENTER EXPANSION: Authorizing appropriation of an amount not to exceed $1,231,000 from the General Benefits Fund into the Convention Center Fund to be administered by the Community Center Authority to implement the design development and construction document phase of Betterment III. Mayor Bay. He removed the item from the Consent Calendar first to make it clear to the public that if the funds are authorized, the money will be loaned out of the General Benefits Fund and will be paid back when bonds or certificates are issued for the expansion. Secondly, he is concerned with the additional costs involved in talking about the expansion of one parking structure plus a second structure. In his mind, the costs have escalated by another $30 million to ~35 million and when discussions took place relative to the expansion, the costs were around ~25 million. Mayor Bay then asked staff for additional financial information on Betterment III by providing a cost breakdown in order to determine what the total is going to be. This will involve not only the Betterment III expansion but also 2OO City Hal!, Anaheim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. the actual new square footage that will be added to the Convention Center, the modernization costs, the parking structure cost, etc. He would also like to know the net return on investment at the present time on an annual basis and when they refinance or bond for the expansion, how much of a negative or positive position the City will be in when making payments on those bonds, at some estimated interest, in order to have a better picture of the total cost. City Manager Talley noted that the Convention Center General Manager was in the audience and unless the Mayor wished to question him at this time, Mr. Thompson has made notes with regard to the Mayor's questions and will provide that information to the Council. Mayor Bay stated that he did not expect the answers right at this time. He thereupon moved to authorize the appropriation of an amount not to exceed $1,231,000 from the General Benefits Fund into the Convention Center Fund to be administered by the Community Center Authority to implement the design development and construction document phase of Betterment III (proposed Convention Center Expansion), as recommended in staff report dated March 9, 1987 from Lynn Thompson, General Manager, Anaheim Convention Center. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 123: AGREEMENT FOR DEVELOPMENT - 901 SOUTH HARBOR BOULEVARD (KOCYLA): Authorizing a Development Agreement with John Kocyla, to permit a commercial/retail complex, and, thereby, exempt subject parcel from the requirement to develop commercial-recreational uses on property located at 901 South Harbor Boulevard. Submitted was report dated March 9, 1987 from the Zoning Administrator, Annika Santalahti, that the proposed development is not detrimental to the public, health, safety or welfare and that the proposed agreement for development be approved. Councilman Pickler. He removed the item from the Consent Calendar because he has concerns relative to the location especially with regard to circulation and traffic. He referred to Beach Boulevard which was going to be a "super street" and if that works out well, Harbor Boulevard and Katella Avenue are two alternatives the Transportation Commission was looking at as possible "super streets". He feels developing a shopping center on property that is 95 feet by 120 feet is too much for that corner. Traffic is very heavy in both directions. Annika Santalahti. The parcel is adjacent to an existing motel and any development of the property would have to either occur in connection with the motel or then something else. The project as approved originally complies with applicable regulations of the commercial/recreation zone as to site development as well as the necessary street dedication. Since the adjacent property is already developed and until those properties go together to something else, it would be hard to imagine what type of use there might be other than a retail activity. Councilman Pickler expressed further concern that in the staff report (Page 2) health spas and physical fitness centers were listed, amongst other uses, as permitted primary uses in the CR zone. 201 City Hall~ Anaheim, California - COUNCIL MINUTES - March 17~ 1987, 1:30 P.M. Miss Santalahti explained the only reason those uses were included, the parking requirement of a health club of a small size is the same as retail and a permitted activity in the CR zone under certain circumstances. With a small enough health spa they can meet the applicable parking standards but cannot extend that size. If the size was less than 4,000 square feet they could develop that by right but they could not build anything larger even if they wanted to. Councilman Pickler asked if at this point there was anything the Council could do relative to the proposed development; City Attorney White explained the Council is not mandated to approve the agreement. If the Council does not approve the agreement, it will still be subject to the interim ordinance that limits the uses. It is currently limited to CR uses. If that is made permanent in the future, the project would have to be consistent with those uses. Councilwoman Kaywood stated she is very uncomfortable with the proposed agreement especially because of the situation that developed when a health spa went into what use to be a supermarket on Magnolia and Broadway which has resulted in overflow parking in that area. Mayor Bay, addressing the developer who was present in the Chamber audience, clarified that if the Council was going to approve the agreement, that health spas and physical fitness centers be removed from the list of permitted uses. Mr. John Kocyla, 120 South Lakeview Anaheim, stated he had no problem with that. He had submitted a list of uses he could live with, which uses were partially from the CR list and partially from the CL list. He started the project in 1985 and has already paid for the street widening, the signals, electrical, etc. to get the CL. Then he got caught in the middle when the proposed CE limitation was established. He reviewed the list of CR uses as well as CL that he could possibly conceive could go into the small center. It is a small location and became smaller as more easements and dedications were required. He already has two easement agreements with the motel for access in both directions. He believes most of the uses on the list would fit into the tourist category. It is not leased out at the present time. He would not object to deleting health spas and physical fitness centers. Councilman Bay offered Resolution No. 87R-85 ~or adoption, authorizing a Development Agreement with John Kocyla, to permit a commercial/retail complex, and, thereby, exempt subject parcel from the requirement to develop commercial-recreational uses on property located at 901 South Harbor Boulevard, including the stipulation by the applicant that there will be no health spa or physical fitness center in the development. Refer to Resolution Book. RESOLUTION NO. 87R-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A DEVELOPMENT AGREEMENT AND MAKING FINDINGS IN REFERENCE THERETO. (KOCYLA) Roll Call Vote: 202 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution No. 87R-85 duly passed and adopted. 123: ATTORNEY SERVICES AGREEMENT - WERVE AND STAFFORD: Approving Attorney Services Agreement with the law firm of Werve and Stafford. Mayor Bay asked if these were open call contracts referring to this item and the proposed agreement following this item. City Attorney White answered yes. He is authorized to assign them the litigation within the confines of the City Attorney's budget. There was no annual limit but an hourly limit and it was up to him to limit the amount of expenditures in accordance with the budget or request additional budget from the Council. MOTION: Councilwoman Kaywood moved to approve the Attorney Services Agreement with the law firm of Werve and Stafford, as recommended in staff report dated March 3, 1987. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 123: FIRST AMENDMENT TO ATTORNEY SERVICES AGREEMENT - COTKIN, COLLINS & FRANSCELL: Councilman Bay moved to approve the first amendment to Attorney Services Agreement with the law firm of Cotkin, Collins & Franscell, as recommended in staff report dated March 3, 1987 from the City Attorney's Office. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. 108: APPLICATION FOR A PUBLIC DANCE PERMIT - NEW GENERATION PRODUCTIONS: City Attorney White explained that the item came to the City yesterday and it was, therefore, unable to be placed on the printed agenda. The application is for a public dance permit to hold a dance on March 21, 1987 at the Anaheim Convention Center. The Police Department has been contacted, reviewed the applicant and recommended approval. In order for the Council to act, it is also necessary under the recent amendments to the Brown Act for the Council by unanimous vote to make a finding that the need to act upon this application arose since the agenda was prepared on Friday. MOTION: Councilman Pickler moved first to waive the provisions of the Brown Act finding that the need arose after the Council's printed agenda was posted, and also to approve a Public Dance Permit submitted by Nick Kamirez, for New Generation Productions to hold a dance on March 21, 1987, from 8:00 p.m. to 1:00 a.m. at the Anaheim Convention Center, in accordance with the recommendations of the Chief of Police. Councilman Bay seconded the motion. Before a vote was taken, Councilman Bay stated he would be concerned if there was going to be a tendency for late requests on these kinds of permits and questioned if the lateness in submitting the application was an exception. 203 204 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. City Attorney ~hite stated it was an exception and it would not become a habit. A vote was then taken on the foregoing motion. One Vacancy. MOTION CAR/~IED. 000/142: ESTABLISHING REQUIREMENT FOR RETUltNED CHECK FEE: Amending Section 3.04.230 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code relating to Business License (returned check fees). Submitted was report received March 13, 1987 from the City Treasurer Mary Turner, recommending adoption of the proposed ordinance relating to establishing a fee for returned checks tendered in payment of Business Licenses. Councilwoman Kaywood offered Ordinance No. 4814 for first reading. OKDINANCE NO. 4814: AN OKDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 3.04.230 OF CHAPTEK 3.04 OF TITLE 3 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUSINESS LICENSES. Councilwoman Kaywood stated that another action would be required to make the policy effective Citywide, i.e. that a fee be established for payment of returned check fees throughout City Departments. Mayor Bay stated he had no problem with making the policy Citywide but he has not seen any backup data telling him that is the true cost of handling those checks. He would like to see figures and background on what banks charge for returned checks. City Treasurer, Mary Turner, explained that bank charges for returned checks vary but many are currently charging $15.00. It is not only what banks are charging to the City but also the cost incurred by staff in reversing the check back into the general ledger and the cost of collecting it. Many cities already have a $15.00 fee for returned items and some cities are charging $25.00. She clarified for the Mayor that in her mind, $15.00 was a fair charge for returnedchecks. City Attorney White recommended in answer to the Mayor that the Council proceed with the subject proposed ordinance relating to returned checks for business licenses only, which will be finally acted upon at the next Council meeting. In the interim, his office will prepare an all-encompassing ordinance. If in the future the Council intends to amend the Business License Section it will drop out of that Section and at that point the all encompassing ordinance will be in effect. In the meantime this will give coverage for Business Licenses, will not be in conflict and will automatically cease in the future. Staff was thereupon directed to prepare an additional ordinance relative to establishing a requirement for payment of returned check fees encompassing all departments Citywide. 181/106: INTERNATIONAL MUSIC OLYMPICS - REQUEST TO ABSORB COSTS: Request submitted by John Schroeder, Chairman, that the City absorb costs incurred by the 1986 International Music Olympics competition at Glover Stadium. Submitted also was report dated March 11, 1987 from the Director of Parks, 204 City Hall, Anaheim~ California - COUNCIL MINUTES - March 17; 1987~ 1:30 P.M. Recreation and Community Services, Chris Jarvi, recommending that the Council consider the request to absorb 3315 in costs for services provided to the Music Olympics by his Department to be appropriated from the Council Contingency Fund. MOTION: Councilman Bay moved to absorb costs incurred by the 1986 International Music Olympics Competition at Glover Stadium in the amount of 3315 to be appropriated from the Council Contingency Fund. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. 179: AMENDING RESOLUTION NO. 86R-543 NUNC PRO TUNC: Councilman Pickler offered Resolution No. 87R-86 for adoption nunc pro tunc, to amend conditions of approval pertaining tO Variance No. 3588. Refer to Resolution Book. KESOLUTION NO. 87R-86: A KESOLUTION OF THE CITY COUNCIL OF THE'CITY OF ANAHEIM AMENDING ONE, ADDING ONE AND RENUMBERING TWO CONDITIONS IN THE CONDITIONS OF APPROVAL OF VAKIANCE NO. 3588 AS SET FOKTH IN RESOLUTION NO. 86R-543, NUNC PRO TUNC. Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution No. 871{-86 duly passed and adopted. 179: ORDINANCE NO. 4813: Councilman Bay offered Ordinance No. 4813 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4813: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE FRT.&TING TO ZONING. (Amending Title 18, Reclass. 86-87-15, RM-1200, 2648 West Ball Road) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Ordinance No. 4813 duly passed and adopted. 179: ORDINANCE NO. 4815: Councilman Pickler offered Ordinance No. 4815 for first reading. ORDINANCE NO. 4815: 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. 86-87-3, RM-1200, 2900-2920 East Lincoln Avenue 205 City Hall~ An~heim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. 144: RA~TERN/FOOTHILL CORKIDOK JOINT PONEKS AUTHORITY MEETING: Mayor Bay reported on the March 12, 1987 meeting of the subject Authority where many issues were discussed. He reported that the San Joaquin Hills Corridor is a project connected with the Congressional Bill HR2 tied into the Transportation Bill, the bill which they worked on extensively at the National League of Cities meeting held in Washington D.C. There has also been a change written into HR2 that will allow toll roads to obtain some percentage of Federal Funds. Up to now, any toll road in the United States has been unable to get any Federal Funds in support of it. The last he heard, up to 17% of the total cost could be Federal Funds and still be a toll road. One of the Specific Orange County Projects written into HR2 is the San Joaquin Corridor. 101: SUPERBOWL SITE FINALIST FOR 1991: Mayor Bay announced that the City of Anaheim is one of the five finalists in contention for the 1991 Superbowl. The next presentation the National Football League (NFL) will be in San Diego in May. He then complemented staff on the fine work they have been doing to secure a Superbowl for Anaheim; Councilwoman Kaywood especially thanked the City's Public Information Officer for the time and effort spent in support of the project. RECESS TO CLOSED SESSION: Councilman Bay moved to recess into Closed Session and until public hearing time at 3:00 p.m. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. (2:38 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (3:00 p.m.) 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2875: APPLICANT: Jack Satchwell 1158 Columbia Avenue Ontario, Ca. 91764 REQUEST/ZONING/LOCATION: To permit a granny unit on RS-7200 zoned property located at 514 North Zeyn Street, with Code waiver of minimum structural setback and yard requirements. PLANNING COMMISSION ACTION: Resolution No. PC87-16 denied Conditional Use Permit No. 2875; the project was determined to be categorically exempt. HEARING SET ON: Appealed by Jack Satchwell, owner. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 5, 1987. Posting of property March 6, 1987. Mailing to property owners within 300 feet - March 6, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 19, 1987. 206 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. APPLICANT'S STATEMENT: Jack Satchwell, 1158 Columbia Avenue, Ontario, Ca. 91764. He first submitted before and after photographs of the subject property which he purchased three years ago and which he has improved considerably. The property next to his has had a granny unit for approximately 30 years. Staff report dated January 19, 1987 lists 7 addresses which were approved for granny units within the past year. He personally visited each which were approved with waivers including maximum lot coverage, minimum structural setback, minimum number of parking spaces and rear yard setback. In viewing these, he began to wonder if for some reason he was being singled out in the decision of denial. He asked the Council's consideration of his request. COUNCIL CONCERNS: Councilman Hunter questioned the need or a reason for the request for a granny unit; Councilman Pickler asked if he was going to rent it out. Mr. Satchwell. He felt the proposal was a wise use of his land and he did intend to rent the unit. Councilwoman Kaywood. Renting the unit out is the problem. The only granny units approved in Anaheim are for family members of those already living on the property and no renters. Further, Mr. Satchwell does not live on the property. Granny units have never been intended as rental units. PUBLIC DISCUSSION IN FAVOR: None. PUBLIC DISCUSSION IN OPPOSITION: None. COUNCIL ACTION: Mayor Bay closed the public hearing. Councilwoman Kaywood offered Resolution No. 87R-87 for adoption, denying Conditional Use Permit No. 2875, upholding the findings of the City Planning Commission. RESOLUTION NO. 87R-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2875. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One 207 City Na!l~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. The Mayor declared Resolution No. 87R-87 duly passed and adopted. 179: PUBLIC wRAKING - CONDITIONAL USE PERMIT NO. 2879 AND NEGATIVE DECLARATION: APPLICANT: Grady E. Hanshaw 519 South Brookhurst Anaheim, Ca. 92804 REQUEST/ZONING/LOCATION: To permit a 672-square foot, double-face billboard on CH zoned property located at 519 South Brookhurst Street, with Code waiver of maximum permitted height. PLANNING COMMISSION ACTION: Resolution No. PC87-19 denied Conditional Use Permit No. 2879; approved EIR - Negative Declaration. HEARING SET ON: Appealed by owner, Grady Hanshaw. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 5, 1987. Posting of property March 6, 1987. Mailing to property owners within 300 feet - March 6, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January'19, 1987. City Clerk Sohl announced that the item was denied by the Planning Commission and subsequently appealed by the owner, Grady Hanshaw. Letter dated March 11, 1987 was received from Dave Ryan of 3M National Advertising Company stating that Grady Hanshaw and 3M were withdrawing their appeal of denial of Conditional Use Permit No. 2879. Mayor Bay asked if anyone was present to speak on the matter; no one was present. Since the Council had received a letter requesting withdrawing the appeal, he was willing to accept that. Therefore, there would be no need for a public hearing on the matter. MOTION: Councilwoman Kaywood moved to accept the withdrawal of the request of appeal of the Planning Commission's decision of denial on Conditional Use Permit No. 2879. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. 179: PUBLIC HEARING - VARIANCE NO. 3597 AND NEGATIVE DECLARATION: APPLICANT: Hugo A. Vazquez and Tak Watanabe 2240 West Lincoln Avenue Anaheim, Ca. 92801 REQUEST/ZONING/LOCATION: To construct a 3-story, 4-unit apartment building on RM-1200 zoned property located at 202 South Olive Street with the following Code waivers: (a) Maximum structural height (deleted), (b) maximum site coverage, (c) minimum recreational-leisure areas (denied), (d) minimum area of private recreational-leisure areas (deleted), (e) minimum width of pedestrian accessways. 2O8 ,97 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987; 1:30 P.M. PLANNING COMMISSION ACTION: Resolution No. PC87-10 granted Variance No. 3597, in part, approved EIR - Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of February 10, 1987 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 5, 1987. Posting of property March 6, 1987. Mailing to property owners within 300 feet - March 6, 1987. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 19, 1987. Mayor Bay asked if the applicant or a representative was present to speak to the Variance request; there was no response. MOTION: Councilman Bay moved to trail the item to later in the meeting. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED. (3:20 p.m.) Later in the meeting, 5:45 p.m., Mayor Bay asked if anyone was present to speak to the issue also noting that Mr. Vazquez was now present in the Chamber audience. It was determined that two other people were present. Mayor Bay thereupon opened the public hearing to give one person who indicated he would not be able to return if the public hearing was continued an opportunity to speak. PUBLIC DISCUSSION IN OPPOSITION: William Ranney, Chairman, Community Redevelopment Commission. He referred to letter from the Redevelopment Commission dated February 4, 1987 previously submitted to the Council and asked to read paragraphs 3 and 4 from that letter reflecting the Commission's position on the requested Variance: "The applicants, Hugo A. Vazquez and Tak Watanabe, have revised this project to reduce it from five units to four units, however, there are still several waivers required: maximum site coverage, maximum recreational leisure areas, as well as width of pedestrian accessway. In addition to these waivers of which site coverage and lack of recreation areas are of most concern, we are also concerned with parking and driveway access, including curb cuts on Olive Street which is not typical of this neighborhood as alley access serves most of Olive Street properties. There are eight parking spaces on the alley, but there are also two parking (uncovered) spaces on Olive Street frontage, along with a two-car driveway. 209 City Hall~ An-heim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. One other issue raised by the Commission is the possible splitting of the lower unit which originally had a large recreational room in the plans and now has been changed to a three-bedroom, two-bath unit that could easily be converted to two units totalling five units as originally submitted." Mr. Ranney stated that the Commission is very unhappy with the design of the project and the Project Area Committee on January 27, 1987 also denied the request. MOTION: Councilman Bay moved to continue the public hearing on Variance No. 3597 to Tuesday, March 24, 1987 at 3:00 p.m. Councilman Pickler seconded the motion. Before a vote was taken, Councilman Hunter noted that Donna Berry was present in the Chamber audience to speak to the matter. He asked if she could return in one week; Ms. Berry indicated that she could be present in one week. Councilwoman Kaywood requested that the hearing be the first one scheduled on that date. A vote was then taken on the foregoing motion of continuance. One Vacancy. MOTION CARRIED. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENTS NOS. 214-I; 214-II AND 214-III AND ENVIRONMENTAL IMPACT REPORT N0.-274: GENERAL PLAN AMENDMENT NO. 214-I - To consider an Amendment to the Land Use Element of the General Plan to establish a new designation tentatively identified as "Business Office/Service" for application to include a portion of the area bounded by the Southern California Edison Easement on the north; the Anaheim City limits on the south; the Santa Ana River Channel on the east; and, the Santa Ana Freeway on the west. Land use designation proposals changing the current General Industrial, Commercial Professional, General Commercial and Commercial Recreation designations to the Business Office/Service designation with varying levels of intensity will be considered. GENERAL PLAN AMENDMENT NO. 214-II - To consider Amendments to the General Plan Circulation Element text and map to redesignate the following arterial highways: STATE COLLEGE BOULEVARD - Between Ball Road and southern City limits from a Primary to Major Arterial Highway; ORANGEWOOD AVENUE - Between Lewis Street and State College Boulevard from a Secondary to Primary Arterial Highway; PACIFICO AVENUE - Between Haster Street and State College Boulevard from a Secondary to Primary Arterial Highway; CERRITOS AVENUE - Between Anaheim Boulevard and Sunkist Street from a Secondary to Primary Arterial Highway; LEWIS STREET - Between Katella and Ball Road from a Secondary to Primary Arterial Highway; and, 210 City Hall~ Anaheim, California - COUNCIL MINUTES - March 17; 1987~ 1:30 P.M. LEWIS STREET - Between Katella Avenue and Pacifico Avenue from a Local Street to Primary Arterial Highway. FURTHER, to Realign Lewis Street to connect with East Street in the vicinity of Ball Road; and, to designate the following as Critical Intersections which may require the dedication of additional right-of-way on both sides of the Arterial Highway for a distance of up to 600 feet from the Arterial Intersection. Anaheim Boulevard/Ball Road Anaheim Boulevard/Cerritos Ave. Lewis Street/Ball Road Lewis Street/Katella Avenue State College Boulevard/Ball Road State College Boulevard/Cerritos Ave. State College Boulevard/Katella Ave. State College Boulevard/Orangewood Ave. Katella Avenue/Howell Ave. GENERAL PLAN AMENDMENT NO. 214-111 - to consider an amendment to the Safety and Seismic Safety Element text and map to designate a fire station in the general location of Pacifico Avenue between the Santa Ama Freeway and State College Boulevard. PLANNING COMMISSION ACTION: Resolution No. PC87-28 recommended to the City Council adoption of General Plan Amendment No. 214-I Land Use Element (Exhibit la) and text; Resolution No. PC87-29 recommended adoption of General Plan Amendment No. 214-II to the Circulation Element (Exhibit 2B) and text; Resolution No. PC87-30 recommended adoption of General Plan Amendment No. 214-III Safety and Seismic Element (Exhibit iA) and text; recommended certification of EIR No. 274 as being in compliance with the California Environmental Quality Act and the City and State CEQA guidelines with the statement of overriding considerations. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 6, 1987. Posting of property March 5, 1987. Mailing to property owners within 300 feet - March 5, 1987. PLANNING STAFF INPUT: See extensive Staff Report to the Planning Commission dated February 2, 1987 including Exhibit. The following substantial documents were also submitted: Anaheim Stadium Business Center - City of Anaheim - Proposed General PlanAmendment - Draft Environmental Impact Report prepared by the City of Anaheim dated June, 1986 and Anaheim Stadium Business Center - City of Anaheim - Proposed General Plan Amendment - Final Environmental Impact Report - response to comments prepared by the City of Anaheim dated January 9, 1987. (Both documents bound in white binders - made a part of the record). 211 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. STAFF INPUT: Joel Fick, Planning Director. In October of 1985, the City Council directed the Planning Staff to commence the General Plan Amendment process for the Anaheim Stadium Business Center. This followed the completion of the Anaheim Stadium Area Study that produced the land use strategy that provided the guidance and direction that staff is currently tracking for future growth in the Stadium Area. The GPA is considered to be an important step in implementing the strategy to assure that the Stadium Business Center develops in a coordinated, orderly fashion. Approval of the GPA will not authorize any new development construction. Implementation of the Plan will require subsequent zoning approvals and in this case staff is recommending that a specific plan follow the General Plan direction. He then introduced Mary McClosky, Senior Planner, to give a synopsis of the extensive study. Mary McClosky, Senior Planner, then briefed various aspects of the proposed GPA which was contained extensive data presented to the Council (see previously mentioned staff report to the Planning Commission and the February 2, 1987 draft and final Environmental Impact Report and also minutes of the Planning Commission hearing of February 2, 1987 wherein Mrs. McCloskey outlined the General Plan and each of its components) as well as working from the posted Exhibits on the Chamber wall. She also briefed the levels of intensity for land use alternatives. Levels 1 and 2 did not address the demands already reflected by the area and are not being recommended. Level of intensity 3 would allow for minimal additional growth and level 4 is based on the anticipated maximum market capture. Present demands suggest that this would be a conservative project for General Plan long-range planning purposes. With approved projects, there would be less than 6 million square feet of additional development that could be approved with approximately 3.2 million pending. This is the level of intensity that the Interim Fee Program was based on which was adopted in December of 1985. Level of intensity 5 was developed during the GPA study process and projects growth which is beyond that projected by the market demand analysis that was conducted through the Stadium Area Study. In staff's opinion, level of intensity 5 is the most realistic level o~ growth ~or long-range planning purposes and is more reflective of the emerging character and demands of the area and an additional 10.9 million square feet of development could be accommodated. In concluding her presentation, Mrs. McClosky recommended first that the Council certify EIRNo. 274 and adopt the statement of overriding considerations and subsequently adopt the proposed Resolutions as recommended by the City Planning Commission. 212 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987; 1:30 P.M. Councilwoman Kaywood. She referred to letter Just submitted from an owner whose property is located on the north side of State College Blvd. and Ball Road (see letter dated March 17, 1987 from H.S. Stan Viall, made a part of the record). She asked if that location was included in the Plan. Joel Fick. Property north of Ball Road would not be included in the land use redesignation portion but properties that are at the critical intersections could be involved with critical intersection designations in accordance with the report. He Just received a copy of the letter, the intent of which seems to address the circulation portion and the critical intersections. PUBLIC DISCUSSION: Stan Vlall, 938 South Chaucer, Anaheim, Ca. 92806. He read the information contained in his letter which expressed his concerns relative to the proposed General Plan Amendment. He believes he represents the only residential property affected by the proposed General Plan Amendments. As an individual property owner of a unique property, a fourplex at 1150 South State College Blvd., being involved with a business center development, some dispensation might be proper. Because staff is discussing that right-of-way may be necessary to be taken from the property, until such time as that issue is settled, the resale value of that property has been diminished greatly because it is under a cloud. He believes there is a logical solution by a variation of the street critical intersection to take cognizance of the fact that intersection bears down upon a residential rather than business property. If the street were to be widened at that intersection, it would leave one apartment and 3-bedrooms exposed to such high volume, high speed traffic that he cannot see that it is conceivable. The solution is to restrict the widening to the commercial portion of State College Blvd., which extends for approximately 350 feet from the intersection and provide a barrier turn out for the bus. In the last paragraph of his letter, Mr. Viall proposed the following solution. "In granting approval of the Critical Intersection portion of General Plan Amendment 214-II, it is directed, notwithstanding other specifications of this Plan, that the eastern side of State College Blvd. north of Ball Road to the southeast corner of Almont Ave. shall not exceed a total right-of-way width of 65 feet from centerline and that right-of-way on the eastern side of State College Blvd. north of Almont Ave. shall not exceed the existing 53 feet from centerline." Jerry Murphy, City of Orange, Planning/Development Services Department. The City of Orange is pleased to be able to support the recommendation on the GPA from the Planning Commission and staff 213 Cit7 aall~ Anahetm~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. of Anaheim. He referred to letter dated February 2, 1987 from the City Manager of Orange wherein concern was expressed for the magnitude of development proposed in Alternate 5 (see Page 2 of the letter) but Orange does not have problems with Alternative 4 as recommended by staff. He then referred to the request in a letter that full public hearings be required for any extension of development beyond Level 4 and that the City of Orange be given an opportunity to make comment on those requests if there are specific proposals to go to the maximum level of development. The City of Orange expresses appreciation for the staff's cooperation and the discussions which have occurred relative to the General Plan with regard to resolving issues particularly in this part of the two cities and look forward to again working with Anaheim staff to continue to resolve the matters. Mr. Murphy then stated in answer to the Mayor that the City of Orange was pretty well satisfied with the responses to comments given in the EIR. Their basic concern is with a development of an infrastructure plan for the area and they have volunteered to work with the City of Anaheim and Anaheim, staff to do that both in the Orange area as well as Anaheim to work out something that is mutually agreeable in terms of a fair share analysis with regard to infrastructure construction. Hopefully the infrastructure plan can be developed as a meaningful and financeable tool to implement development in both cities. Councilwoman Kaywood asked Mr. Murphy if it is the intent to develop to Level 4 or beyond in that portion of the City of Orange. Mr. Murphy answered that Orange is in the process of developing a strategy plan for the area basically west of the Santa Aha Freeway, not only the area immediately south of Anaheim Stadium, but also areas surrounding the City Shopping Center. As part of the implementation of that strategy plan, they will be setting for public hearings a specific plan process and the implementation of vehicles to go with that similar to Anaheim's specific plan on the area which talk about the various levels of development that might be possible. The decision as to the intensity of development in Orange has not been made at this time. There being no further persons who wished to speak, the Mayor closed the public hearing. Mayor Bay. He was concerned that Level 5 might be too ambitious. Level 4 and the data to back up that level of intensity did not concern him near as much as Level 5. He understands tb~t Level 5 is more in the area of a 20-year plan or even longer. He has been looking for a way that the Council could approve a level of 214 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987; 1:30 P.M. intensity of 4 and retain and hold back on the final decision relative to Level 5. When he looks at the difference in the level of intensity on 4 vs. 5 and the difference on the cost of the infrastructure and service improvements involved, he sees a big Jump in cost. Circulation is around $96 million on Level 4 and increases to ~162 million on Level 5. Total estimated costs of infrastructure service improvements increases to ~72 million from Level 4 to Level 5. If the Council approves the GPA, he wanted to know if they were going to start estimating fees and costs based on Level 5 of ~192 million as they start to implement the changes that occur in the area. If staff is estimating what developers will be charged as they do the development, is staff going to look at ~192 million and base fees on that amount right from the beginning vs. an approval of Level 4 and if so would staff look at lower fees from the beginning? Joel Fick. Staff looked at Alternate 5 during the land use strategy discussion. It was apparent that Level 4 was going to be pushed very quickly. From an impact standpoint, it would be good to take a look beyond that and that is what generated the look at Level 5. In the analysis conducted, the only way Alternate 5 could be mitigated was through the implementation of "flyovers" at the intersections. As a result they now have the best of both worlds in their recommendation by recommending a cap at Alternate Level 4 growth and looking at implementing the alternate five improvements minus the "flyovers" which is the most expensive dollar item in Alternate 5. In preliminary looks at the costs, staff believes fee wise they are still in the "ball park" and are not looking at adjustments at the moment. Depending upon what happens with the redevelopment plan and the subsequent studies and precise engineering, they will be back to Council with a recommendation up or down. He reiterated the recommendation is a cap at 4 with the Alternate 5 improvements minus the "flyovers" and then depending upon where the growth might be proposed, it may be conceivable to look on a case-by-case basis beyond Level 4, but as Orange has requested, it would be separate review, scrutiny and hearing where the Council could weigh all the facts. Mayor Bay. If that is the alternative, the City Attorney was going to have to suggest how that can be done if it is the consensus of the Council. Further, when talking about the ultimate development of that large area, he is concerned primarily with the impact of traffic. The General Plan says nothing about residential or housing. Developments in Irvine have a great deal of open space between buildings and he still sees the traffic problems that have been created even with all that open space. Since the Subject General Plan does not have open space and no immediate surrounding housing where people might walk to work, the traffic 215 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. estimates concern him. He is not anti-growth. He sees great opportunities in the area but does not think Planning should be so intense that if extra lanes on the Santa Ana Freeway and the 57 Freeway do not come about, that the City does not create something that cannot work because of gridlock. Joel Fick. Relative to the housing issue, what they would like to do in the specific Plan study is to examine the feasibility of some incorporation of housing into the business complex and bring the matter back to the Commission and Council; Mayor Bay stated he would like to see that. He would like to think there are high-rise condominiums for people who are going to be working in the area. Otherwise, there are rather dramatic impacts at Level 5. Joel Flck. He wanted it made clear that although they were recommending the adoption of Alternate 5 that it be kept at the Alternate 4 Level, the reason being, if Alternate 4 is adopted then on a case-by-case basis they could also be considering a General Plan Amendment and processing-wise, it would be more difficult. Councilman Pickler. Traffic is a major concern not only locally but throughout the County as Mayor Bay is aware with his involvement on the Eastern Corridor Joint Powers Authority and his (Pickler's) involvement with the Transportation Commission. Ail cities in Orange County and the County itself are looking at not only transportation issues, but also land development. Whatever is done in one area has an effect on all areas. He has also seen where they have developed residential on top of C-O. It is working in other places and he feels it can work here. Paul Singer, Traffic Engineer. The Council's concerns are those that staff has been working on. The intensity of Level 4 they are proposing and the mitigation measures at Level 5 will permit an additional cushion for an acceptable level of ~ervtce ~o they are no longer talking about service Level E or F but service Level D. There will always be worsening traffic problems in Orange County but it is not going to be caused by the proposed development. It is generally a acumulative impact throughout the County. It is a project they are working on Jointly with Cai-Trams and the City of Orange. He feels this will be a benefit to the City and not cause gridlock. They are making some very serious and productive inroads into alleviating traffic along the I-5 Corridor and this project is within that Corridor. Councilwoman Kaywood. When staff first started looking into the matter it was with Alternatives 1, 2 and 3 in mind and then Level 4 was added. 216 City ~.ll~ Anaheim~ California - COUNCIL MINUTES - March 17; 1987; 1:30 P.M. Since it was already at Level 3 it was necessary to look at Level 5 with some kind of leeway on how they can handle proper growth so that it benefits everyone instead of creating gridlock. It is a masterful plan where it is possible to have advance reaction in order to avoid problems that have occurred elsewhere. Councilman Hunter. Relative to Mr. Viall's concern as well as others, "a General Plan is not a precise plan and does not intend to show the exact land use pattern which will occur." The details of the plan are not determined and it is difficult to know exactly what is going to occur; Paul Singer noted that the intersection about which Mr. Viall was concerned was a critical intersection. A consultant is now working on a specific EIR for all of the 28 intersections involved and all questions should be addressed in that specific EIR which will be coming to the Council the latter part of the year. Councilman Hunter noted when the public hearing is held on that EIR, Mr. Viall will again have an opportunity to address his concerns but at this time it was premature for the Council to specify something this detailed in the GPA. Mayor Bay. He asked for assistance from the City Attorney. He sees consensus on the Council where they are favoring Level 4 theoretically and for long-term planning talking about Level 5. Jack White, City Attorney. The first action would be for the Council by motion to certify EIRNo. 274 including the comments and responses to comments that have been received and are included in the staff material and incorporating therein any comments and responses received today at the public hearing and adopting the statement of overriding considerations as set forth. ENVIRONMENTAL IMPACT REPORT NO. 274 - CERTIFICATION - WITH STATEMENT OF OVERRIDING CONSIDERATIONS: Environmental Impact Report No. 274 having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State guidelines in the State of California Environmental Quality Act, the City Council acting upon such information and belief as well as comments and responses to comments that have been received and are included in the staff material and incorporating therein any comments and responses received today at the public hearing the City Council acting upon such information and belief does hearby certify on motion by Councilwoman Kaywood, seconded by Councilman Bay that Environmental Impact Report No. 274 is in compliance with the California Environmental Quality Act and City and State guidelines and adopted a statement of overriding considerations as recommended by the City Planning Commission. One Vacancy. MOTION CARRIED. 217 190 City Hall~ Anabeim~ California - COUNCIL MINUTES -March 17~ 1987~ 1:30 P.M. Jack White, City Attorney. He suggested that the resolutions be offered as recommended by staff but including the limitation on development consistent with Level of intensity 4 as identified in EIR No. 274 and the Anaheim Stadium Area Study and further providing that any increase and intensity of development to a greater level be deferred to future studies and determinations. Councilman Bay offered Resolution No. 871{-88 through 87R-90, both inclusive, for adoption approving General Plan Amendment No. 214-I Land Use Element (Exhibit la) and Text; General Plan Amendment No. 214-II to the Circulation Element (Exhibit 2B) and Text; General Plan Amendment No. 214-III Safety and Seismic Element (Exhibit IA) and Text; and that any increased intensity of development to a greater level than Level of intensity 4 be deferred to future studies and determinations. Refer to Resolution Book. RESOLUTION NO. 87R-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 214-I EXHIBIT I-A (LAND USE ELEMENT AND TEXT). RESOLUTION NO. 87R-89: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 214-II EXHIBIT II-B (CIRCULATION ELEMENT AND TEXT). RESOLUTION NO. 87R-90: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 214-III EXHIBIT I-A (SAFETY AND SEISMIC ELEMENT AND TEXT). Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay None None One The Mayor declared Resolution Nos. 871{-88 through 87R-90, both inclusive, duly passed and adopted. MOTION: Councilman Bay moved that staff be directed to proceed relative to a specific plan for the subject area. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. RECESS: The Council recessed for ten minutes. (4:14 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (4:21 p.m.) 179: PUBLIC NFARING - TERMINATION OR MODIFICATION OF CONDITIONAL USE PERMIT NO. 1703 AND CONDITIONAL USE PERMIT NO. 2525: The hearing on both Conditional Use Permits was initiated by the Anaheim City Council to (1) consider termination or modification of Conditional Use Permit No. 1703, to permit resource recovery and recycling operations on approximately 6.4 acres located 218 City Hall~ Anaheim, California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. at the southeast corner of Frontera Street and Newktrk Road, with the following Code waivers: (a) minimum front setback, (b) required block wall; and (2) consider termination or modification of Conditional Use Permit No. 2525, to permit resource recovery and recycling operations including an automobile dismantling business with wholesale and retail sales of auto parts on property located at 3200 East Frontera Street, both relating to Orange County Steel Salvage. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 8, 1987. Posting of property January 9, 1987. Mailing to property owners within 300 feet - January 9, 1987. STAFF INPUT: See Staff Report from the Community Development and Planning Department dated January 13, 1987, recommending that the Council terminate Conditional Use Permit Nos. 1703 and 2525, pursuant to provisions of Anaheim Municipal Code Section 18.03.092. This matter was continued from the meetings of January 20 and February 17, 1987, to this date. (See minutes those dates where extensive input and discussion took place as well as minutes on the discussions that took place at Planning Commission hearings). Mayor Bay asked to hear from staff. John Poole, Code Enforcement Supervisor. This afternoon, he inspected Mr. Adam's property (Orange County Steel Salvage - OCSS). The overhead crane has been dismantled and it is no longer in view from outside the premises. The shredder operation has ceased as of March 6, 1987. The majority of the shredder waste pile has been moved to the southern portion of the property where it is not as visible. The landscaping has been installed and is sufficient. This morning he had a conversation with the Arizona State Health Department. Arizona has stopped the shipment of shredder waste to their State. Their results still indicate that the waste from Orange County Steel Salvage is hazardous even though 0CSS has submitted other independent testing to the contrary. Arizona is still standing by their test results. If they do accept that waste they are doing so at their own risk. Whoever accepts the waste is responsible for it and, therefore, Mr. Adams cannot ship the waste to Arizona. Mr. Don Robinson, State Attorney General's Office is present today. It appears that there have been meaningful negotiations with Mr. Adams regarding a stipulated injunction. If that injunction is agreed upon, he (Poole) feels it would resolve a number of the issues the Council has had to deal with. In essence, it would put the matter in the State's "Ball Park". Mr. Don Robinson, Deputy Attorney General, State of California Department of Justice, Office of the Attorney General, 3580 Wilshire Blvd., Los Angeles, Ca. 90010. 219 Cit7 Hall~ An-heim~ Califor~ta - COUNCIL MINUTES - March 17; 1987; 1:30 P.M. The State is still in the process of negotiating with OCSS and are close enough that he felt it appropriate to give a couple of more weeks. That is why the hearing on the injunction was continued. One thing that concerns him, as of February 13, 1987, OCSS had ceased shipping new waste off the property as they were required to do under the Temporary Restraining Order. They are unable to do so because of the situation with Arizona. To him, that excuse is not sufficient. He subsequently got an agreement from OCSS that they would enter into a supplemental Temporary Restraining Order saying that if OCSS could not resolve their problems with the State of Arizona by the close of business on March 6, 1987, they would have to cease all shredding of automobiles and other appliances. In order for them to open up again, they cannot do so unless and until they first remove the waste accumulated since February 13, 1987. That is the Restraining Order they agreed to. It was under those conditions that the hearing was continued. The attorney for OCSS agreed to that on March 5, 1987. Mr. George Adams, Orange County Steel Salvage. The shredder is shut down. He does not plan to resume operation of the shredder until he can work out some solution on disposing the waste legally. What he would like the City Council to do today is to drop the revocation hearing and allow the current use permits to stand and that all shredder waste has to be removed within 3 or 7 days after it is generated. The Court Order puts him in a position where the shredding will not start up again until the situation is resolved. He does not anticipate that happening for awhile. They have complied with everything they can. He does not know what else they can do to resolve the problem other than working on the Remedial Action Plan (RAP) to dispose of the waste that is there. (See Council minutes of February 17, 1987 where the Remedial Action Plan was discussed). Councilman Pickler. He has always been concerned that OCSS not shred any more waste. The fact that the shredding has stopped is positive. He wanted a stipulation that if OCSS continued to operate, that Mr. Adams would not start shredding again until he resolved how to get rid of all the shredded waste - the new pile and the old pile. George Adams. At present, he does not have a solution for eliminating the big pile and it is going to be there for awhile. He is not in a good bargaining position. He does hope to solve the problem someday and that he will be able to run the shredder again in order to have enough money to resolve the problem. The resolution of the pile might take a few years. 220 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. Councilman Pickler. He wanted a commitment from Mr. Adams. He does not want the pile sitting there for another couple of years. He has to see the old pile being moved out. He would then have no qualms with the shredding operation as long as the old pile was being eliminated. George Adams. The RAP is something that will happen over a period of months. The plan is supposed to come up with a solution to get rid of the shredder waste pile. The biggest stumbling block is money. The fines he is being requested to pay are far beyond his ability to pay. His attorneys are not even present today because it is too expensive. The State is asking for 3200,000 in fines. He also explained for the Mayor that a few weeks ago OCSS employed 88 people; today that figure is 15. He was going to continue to try to buy cars and ship those out to another plant in Fontana which is not having a problem. He was also continuing to try to run the auto-wrecking portion of the business and the recycling center. They will work through the RAP and also keep their operation going. John Poole, Code Enforcement Supervisor. Staff looked at a possible way to modify the Use Permits so that Mr. Adams could continue but with safeguard that the shredder could not be operated until he addressed the problem of the waste that has been on the property since January 6, 1987. The proposed modification Just being submitted to the Council will go along with the Temporary Restraining Order currently in effect. If for some reason that order was rescinded, there would still have to be a safeguard. The modification he proposed is as follows - "That the operator of Orange County Steel Salvage shall immediately cease all metal shredding operations, including but not limited to the shredding of automobiles, appliances, and other related items, until the operator submits proof satisfactory to the Code Enforcement Supervisor that all shredder waste produced since January 6, 1987 has been lawfully removed from the premises and disposed of in a lawful manner. Manifests 8hall be submitted to satisfy the above specified removal requirement which shall indicate the shipment of at least one thousand (1,000) tons of shredder waste per month." This only addresses the shredder waste created since January 6, 1987. His understanding in talking with Mr. Robinson is that the stipulated agreement they are negotiating with Mr. Adams would address the old shredder waste and they would enter into some sort of program where the waste would be hauled away regularly until the pile is gone. 221 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 17~ 1987; 1:30 P.M. Pursuant to questioning, Mr. Robinson again outlined the RAP process as discussed in previous meetings which includes as one of the initial steps a feasibility study. This feasibility study tells 0CSS to look at the alternatives, evaluate those in relation to protection of the environment and public health and then recommend a remedy and the RAP which is the plan for implementing the remedy. The State is asking 0CSS, in negotiating the stipulated injunction, to doing that. Further, Mr. Adams stated the only stumbling block is the issue of the penalties. He (Robinson) has offered to 0CSS attorneys to leave the issue of penalties out of the picture at this time and resolve that issue at a later date. The most important thing is to get some agreement on a plan to perform the studies and a RAP. The penalties are not holding up any agreement. Foremost is to have a commitment from 0CSS to do everything necessary in evaluating the conditions on the site in its entirety and then following the process set forth. Councilman Hunter. Code Enforcement has proposed a modification to the CUP's. He can go along with that and hope that the State and Mr. Adams (0CSS) can work together on a RAP. The problem is coming down to dollars and cents. He would assume that economics is going to control the RAP that Mr. Adams is going to get involved in. He would follow Code Enforcement's lead. Councilman Pickler. His problem is the 50,000 tons of shredder waste that has been sitting on the property. He wants to see something done now while the plan may entail years. The longer it sits there the longer it will create problems. He wants the shredding stopped until the problem is resolved for both the old and new shredder waste. Mr. Robinson. The State feels the same way. There will be no settlement of the case that does not involve both the old and the new waste. Relative to time schedules, it will be 60 days for remedial investigation, another 30 to 60 days for the feasibility study and RAP. If everything is done according to schedule, it will be in the vicinity § months before arriving at a plan that will be implemented immediately. Regarding the possibility of migration of the hazardous material from the site by way of rain water and wind, this would also be a part of the injunction that OCSS take whatever steps are necessary to prevent escape or release of PCB waste while studies are being conducted. They want 0CSS to begin to look at all the alternatives. It is the responsibility of the property owner and operator of the facility. Extensive discussion then followed between Council Members, Mr. Robinson and Mr. Adams mainly revolving around the ultimate disposition of the existing (old) shredder waste pile. Mayor 222 City Hall, Anaheim, California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. Bay emphasized that since it was going to take money to solve the problem, stopping Mr. Adams' operation will preclude his making the money needed to solve the long-range problem. Otherwise, the taxpayers will be left to pay the $18 million estimated to remove the pile. Mr. Adams agreed that the only chance he had of pulling himself out of the ~messN is by being able to run the shredder again. The RAP has key provisions in it which he does not believe will allow the pile to sit on the property for another 5 or 10 years. He asked the Council to approve the proposal by Mr. Poole that the CUP's be modified as he recommended. Councilman Hunter stated it appeared that the State was finally doing something and things were happening. Code Enforcement has suggested a modification of the CUP's that limits exactly what Mr. Adams can and cannot do. If new shredding takes place, there are limitations and Mr. Adams knows that the new "fluff" is going to be hauled away pursuant to Code Enforcement and the State. It would not be wise to pull the CUP's at this time. He suggested to Mr. Adams that the shredder stays down until he enters into some type of stipulated in]unction for him to enter into a RAP with the State because part of the plan is to look at possible migration of the PCB's and to alleviate all of their fears. If there is no migration, Mr. Adams could go back into operation. Then' all the other possibilities could come into play, i.e., take the shredder waste and temporarily put it some place. He asked Mr. Adams about that possibility. Mr. Adams stated he was 100% for that. Mr. James McNally, State Department of Health Services, first stated he has been working with Mr. Robinson on the matter and also Mr. Adams and his lawyer. He then explained in even greater detail how the process would work relative to the feasibility study in the RAP. At the conclusion of discussion, Councilman Hunter offered Resolution Nos. 87R-91 and 87R-92 amending Condition No. 11 of Conditional Use Permit No. 1703 and amending Condition No. 11 of Conditional Use Permit No. 2525 with entirely new wording to read as set forth by the Code Enforcement Supervisor as follows: "That the operator of Orange County Steel Salvage shall immediately cease all metal shredding operations, including but not limited to the shredding of automobiles, appliances, and other related items, until the operator submits proof satisfactory to the Code Enforcement Supervisor that all shredder wasted produced since January 6, 1987 has been lawfully removed from the premises and disposed of in a lawful manner. Manifests shall be submitted to satisfy the above specified removal requirement which shall indicate the shipment of at least one thousand (1,000) tons of shredder waste per month." Refer to Resolution Book. RESOLUTION NO. 871{-91: A tLESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING CONDITION NO. 11 OF RESOLUTION NO. 77R-670. 223 i84 City Hall~ An,heim~ California - COUNCIL MINUTES - March 17~ 1987~ 1:30 P.M. RESOLUTION NO. 87R-92: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING CONDITION NO. 11 OF RESOLUTION NO. 84R-299. Before a vote was taken, Mayor Bay stated he assumed when the conditions are met and the shredding starts again that the Council will be notified; Mr. Poole assured the Mayor that he would so notify the Council. George Adams. He stated that the shredder will not start without the other issues first being resolved. A vote was then taken on the foregoing resolutions: Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: VACANCY: COUNCIL MEMBERS: Hunter, Kaywood and Bay Pickler None One The Mayor declared Resolution Nos. 87R-91 and 87R-92 duly passed and adopted. ITEMS OF PUBLIC INTEREST: Mr. Bill Erickson, 301 East North Street commented on his concern relative to 3-story structures being built in residential neighborhoods, the main points being: Variances are too numerous on some of the 3-story units that have been approved; the Central City area has had problems in the past with the builders and they do not want to see a repetition in other neighborhoods; more deliberation and in depth screening of proposed projects should take place before they are allowed to be built. RECESS - CLOSED SESSION: By general consent, the Council recessed to Closed Session. (5:52 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. One Vacancy. (8:28 p.m.) ADJO~NT: Councilwoman Kaywood moved to adjourn. Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED. (8:29 p.m.) LEONORA N. SOHL, CITY CLERK 224