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1986/07/15City Hall, Anaheim, California - COUNCIL MINUTES - July 15, 1986, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth (Councilwoman Kaywood entered at 1:50 p.m.) COUNCIL MEMBERS: None CITY MANAGER: William O. Talley ASSISTANT CITY MANAGER: Ron Bates CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl CONVENTION CENTER GENERAL MANAGER: LymnThompson ASSISTANT DIRECTOR OF PLANNING: Joel Fick DEPUTY CITY MANAGER: Bob Simpson ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Don Dexter, 1st Presbyterian Church, gave the Invocation. FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: 'PROCLAMATION: The following proclamation was issued by Mayor Roth and authorized by the City Council: Chemistry Week in Anaheim, September 7-12, 1986. Mayor Roth welcomed 21 German exchange students who were present in the Chamber audience. The students had earlier toured the Civic Center. The Mayor, on behalf of the Council and the City, wished the students a pleasent and productive stay in the United States. MINUTES: Approval of the minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pickler moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 36,707,811.56, in accordance with the 1986-87 Budget, were approved. 119: INTRODUCTION OF THE CONVENTION CENTER GENERAL MANAGER: City Manager William Talley then formally introduced to the Council Mr. Lynn Thompson, the newly appointed Convention Center General Manager. 566 City Hall, Anaheim, California - COUNCIL MINUTES - July 15, 1986~ 10:00 A.M. Mayor Roth welcomed Mr. Thomspon. Mr. Thomspon then thanked the Council and stated that he appreciated the support given him thus far. He will continue in the fine tradition that has been set in the past. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Overholt, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 86R-330 through 86R-333, 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 Del E. Webb Corporation for indemnification sustained purportedly due to actions of the City on or about April 25, 1986. b. Claim submitted by Rudy Salazar for bodily injury sustained purportedly due to actions of the City on or about April 18, 1986. c. Claim submitted by Daniel Edwards Freis for property damage sustained purportedly due to actions of the City on or about May 10, 1986. d. Claim submitted by Nellie Irene Atkins for bodily injury sustained purportedly due to actions of the City on or about April 21, 1986. Claims filed against the City - recommended to be allowed: e. Claim submitted by Manual Estrada Medina for property damage sustained purportedly due to actions of the City on or about December, 1985. f. Claim submitted by Frank A. Terranova for property damage sustained purportedly due to actions of the City on or about April 27, 1986. g. Claim submitted by Southern California Gas Company (File No. B-181443-05-RWB) for property damage sustained purportedly due to actions of the City on or about April 23, 1986. h. Claim submitted by Southern California Gas Company (File No. B-181143-05-RWB) for property damage sustained purportedly due to actions of the City on or about April 23, 1986. i. Claim submitted by Frank A. Lowry Jr. for property damage sustained purportedly due to actions of the City on or about April 23, 1986. 2. Receiving and filing the following correspondence: (on file) a. 105: Community Redevelopment Commission, Minutes of June 11, 1986. 567 City Hall, Anaheim, California - COUNCIL MINUTES - July 15, 1986, 10:00 A.M. 3. Approving the following applications in accordance with the recommendations of the Chief of Police. a. 108: Public Dance Permit, Jesus M. Frias, Empresa Frias, to hold a dance at the Anaheim Convention Center, July 19, 1986 from 6:00 p.m. to 1:00 a.m. b. 108: Public Dance Permit, Gary Allen Nelson, E1 Torito, Who-Song & Larrys Cantina, 2020 East Ball Road, to hold a dance, July 23, 1986, 9:30 p.m. to 1:30 a.m. 4. 128: Receiving and filing the Monthly Financial Analysis for the eleven months ended May 31, 1986. 5. 180: Approving the offer of Rollins Burdick Hunter, Broker of Record, to extend and amend the City's excess workers' compensation insurance coverage, underwritten through Employer's Reinsurance at an auditable premium of $85,000, for the period July 1, 1986 to July 1, 1987. 6. 123: Authorizing an First Amendment to Maintenance Agreement with Personnel Research Center at a cost of ~65 per hour for additional services in connection with the re-evaluation of certain clerical positions. 7. 123: Authorizing an agreement with Korn/Ferry International at a cost not to exceed ~14,000 for recruitment services to fill the position of Power Resource Planning Engineer. 8. 180: Approving the offer of Rollins Burdick Hunter, Broker of Record, at an annual premium cost of $45,789.84, to place the City's order for aviation liability, for the coverage in the amount of $20,000,000 per occurrence, underwritten through Southern Marine and Aviation, Inc., for the period July 1, 1986 to July 1, 1987. 9. 123: Authorizing an agreement with State Farm Mutual Automobile Insurance Companies for a period of six months. 10. 123: Authorizing Local Agency-State Agreement No. 3740 with the State Department of Transportation and the City of Fullerton, with the Anaheim share not to exceed $12,075, to provide for the installation, financing and maintaining of traffic control signal system and safety lighting at the intersection of Lemon with State Highway Route 91. 11. 123/160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to Montgomery Elevator Company in an amount not to exceed $56,677.50 for the repair to Gate 5, freight elevator #3, at Anaheim Stadium and authorizing execution of an amendment to the Standard Terms and Conditions. 12. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corp., in an amount not to exceed $100,000 for ten used passenger vehicles. 568 City Hall~ Anaheim~ California - COUNCIL MINUTES - Jul7 15~ 1986, 10:00 A.M. 13. 164: RESOLUTION NO. 86R-330: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINAI~Y ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (LINCOLN AVENUE SEWER IMPROVEMENT) (Account No. 11-790-6325-E0560, J & J Sewer Company, contractor, and authorizing filing of the Notice of Completion therefor) 14. 160: RESOLUTION NO. 86R-331: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE AND TRANSFERRING THE SAME TO THE CITY PURCHASING DIVISION. 15. 158: RESOLUTION NO. 86R-332: 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. 16. 123: Retroactively approving an agreement with The Equitable Life Assurance Society for the term January 1, 1981 through December 31, 1983 and an agreement from January 1, 1984 to December 31, 1984 with automatic 12 month renewals, to provide for a Total and Permanent Disability Benefit Program, at a cost of ~250, ~275 and ~300 for each initial determination; and ~85, ~95 and ~100 for each continuation determination for the years 1984, 1985 and 1986 respectively. 17. 174: Authorizing the Mayor to execute a letter endorsing the Housing Authority's application for 100 units under Section 8 of Title II of the Housing and Community Development Act of 1974 and a statement certifying that any relocation payments made as a result of the Moderate Rehabilitation Program will be funded under the Community Development Block Grant Program, and be in compliance with Section 882.407 of the Moderate Rehabilitation Regulations. Roll Call Vote on Resolution Nos. 86R-330 through 86R-332: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Overholt, Bay, Pickler and Roth None Kaywood The Mayor declared Resolution Nos. 86R-330 through 332, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 150: AWARD OF CONTRACT FOR CONSTRUCTION OF THE ANAHEIM WETLANDS AND THE SANTA ANA RIVER BICYCLE TRAIL: Awarding a contract to the lowest and best responsible bidder, Challenge Engineering, Incorporated, in the amount of $439,154.60, for the construction of the Anaheim Wetlands and Santa Ana River Bicycle Trail. Councilman Bay stated he did not oppose the Wetlands construction necessary for the development of the auto center on the Shorb Wells property in the canyon area north to the Santa Aha River Bicycle Trail. However, he cannot vote in favor of the action because it is being partly funded out of the Certificates of Participation Issue of Project C. He does not support voting 569 City Hall, Anaheim, California - COUNCIL MINUTES - July 15~ 1986, 10:00 A.M. to spend money on Certificates of Participation where the revenue stream has not been identified. He has consistently opposed such financing on issues that are not enterprise issues with no revenue streams. City Manager Talley explained when the project was added to the Certificates of Participation Issue, it was done with a specific designation that the additional sales tax generated by the auto sales companies would be more than sufficient to pay for the added amount to the Certificates of Participation not only for the Wetlands, but also the auto center project itself. There would be sufficient additional sales tax generated from the auto center sales to more than pay for issuing the Certificates and creating a sales center. Mayor Roth asked if there were any problems at present relative to the land for the auto center on the Shorb Wells property in the northeast area. Recently at a Sanitation District meeting, the Mayor of Yorba Linda, Mike Beverage told him that Yorba Linda was holding some "trump" cards. He would like a response from staff within the next couple of days advising the City Council if there was any merit to the statement made. Joel Fick, Assistant Director for Planning, stated there were no problems he was aware of with any of the northeast area auto center projects but there has been an issue identified on the Ball Road project. City Manager Talley stated he was aware of what Mayor Roth was talking about relative to Yorba Linda. It was, in his opinion, another instance of an unprofessional act by that City that in no way affects the decision being made today or the project. A report will be submitted to the Council on the matter. He then answered questions posed by Councilman Overholt on the issue. Councilman Pickler offered Resolution No. 86R-333 for adoption, awarding a contract to the lowest and best responsible bidder, Challenge Engineering, Incorporated, in the amount of ~439,154.60, for the construction of the Anaheim Wetlands and Santa Aha River Bicycle Trail. Refer to Resolution Book. RESOLUTION NO. 86R-333: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (CHALLENGE ENGINEERING, INCORPORATED). Roll Oall Vote~ AYES: COUNCIL MEMBERS: Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: Kaywood The Mayor declared Resolution No. 86R-333 duly passed and adopted. 181: ANAHEIM ARTS COUNCIL - RECEPTION AT PEARSON PARK THEATRE: Councilman Pickler moved to authorize the AnaheimArts Council to serve champagne after the closing performance of "Hello Dolly" in the Pearson Park Theatre on July 19, 1986, as recommended in memorandum dated July 9, 1986. Councilman Roth seconded the motion. Councilwoman Kaywood was absent. MOTION CARRIED. 570 City Hall, Anaheim, California - COUNCIL MINUTES - July 15, 1986~ 10:00 A.M. 118: ALT.OWING PAYMENT OF CLAIM: Councilman Pickler moved to allow payment of the claim to Manuel Medina in an amount totalling $23,000. Councilman Overholt seconded the motion. MOTION CARRIED. 156/142: ORDINANCE NOS. 4736 AND 4737: Councilman Bay offered Ordinance Nos. 4736 and 4737 for first reading. 135/142: ORDINANCE NO. 4736: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 6.32.026 TO CHAPTER 6.32 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BRANDISHING REPLICAS OF FIREARMS. 135/142: ORDINANCE NO. 4737: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 1.16.025 TO CHAPTE~ 1.16 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TRESPASSING ON THE CITY GOLF COURSES. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held June 23, 1986, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2798: Submitted by Charles Hance, to permit an automotive sales and service center facility and retain an outdoor storage on CL zoned property located at 808-820 West Vermont Avenue, with Code waiver of minimum number of required parking spaces. The City Planning Commission, pursuant to Resolution No. PC86-167, granted Conditional Use Permit No. 2798, and granted a negative declaration status. 2. RECLASSIFICATION NO. 85-86-39 AND VARIANCE NO. 3574: Submitted by Grace Losty, for a change in zone from RS-A-43,000 to RM-1200, to construct a 63-unit apartment building on property located at 2642 West Lincoln Avenue, with Code waiver of maximum structural height. The City Planning Commission, pursuant to Resolution No. PC86-168 and 169, granted Reclassification No. 85-86-36 and Variance No. 3574, and granted a negative declaration status. 3. RECLASSIFICATION NO. 85-86-40 AND CONDITIONAL USE PERMIT NO. 2816: Submitted by James R. and Shirley A. Needham, for a change in zone from RS-7200 to RM-1200, to permit the construction of a 9-unit senior citizen's apartment project on property located at 1028 E. North Street, with Code waiver of maximum structural height. The City Planning Commission, pursuant to Resolution No. PC86-170 and 171, denied Reclassification No. 85-86-39 and Conditional Use Permit No. 2816, and granted a negative declaration status. 4. VARIANCE NO. 3572: Submitted by Sterik Company, to construct an additional 20,045 square feet of retail space to an existing commercial shopping center on CG zoned property located at 120 East 0rangethorpe Avenue, with Code waiver of minimum number of required parking spaces. 571 City Hall, Anaheim, California - COUNCIL MINUTES - July 15~ 1986~ 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC86-172, granted Variance No. 3572, and granted a negative declaration status. 5. VARIANCE NO. 3573: Submitted by Sterik Company, to construct an additional 17,800 square feet of retail space to an existing commercial shopping center on CL zoned property located at 121 North Beach Boulevard, with Code waiver of minimum number of required parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-173, granted Variance No. 3573, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2811: Submitted by Ferszt Investment, Inc., (Orangeview Convalescent Hospital), to permit the 30-bed expansion of an existing convalescent hospital on CL zoned property located at 1720 Orange Avenue, with the following Code waivers: (a) Maximum structural height, (b) minimum structural setback, (c) required site screening, (denied). The City Planning Commission, pursuant to Resolution No. PC86-175, granted in part, Conditional Use Permit No. 2811, and granted a negative declaration status. 7. CONDITIONAL USE PERMIT NO. 2813: Submitted by Stadium Enterprises, to permit automotive detailing in an existing industrial building on CL zoned property located at 1015 East Katella Avenue, Unit F, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC86-177, granted Conditional Use Permit No. 2813, and granted a negative declaration status. 8. CONDITIONAL USE PERMIT NO. 2817: Submitted by Dennis and Edith Berger, to permit an outdoor storage yard on CG zoned property located at 1120 West Lincoln Avenue and 1203 West Center Street, with Code waiver of minimum number and area of parking spaces. The City Planning Commission, pursuant to Resolution No. PC86-179, denied Conditional Use Permit No. 2817, and granted a negative declaration status. 9. CONDITIONAL USE PERMIT NO. 1036--TEKMINATION: Submitted by Htpoint Development, Inc., to terminate Conditional Use Permit No. 1036, to permit a rest home in an existing residential structure on property located at 1226 and 1272 East La Palma Avenue, as a condition of approval of Reclassification No. 84-85-40. The City Planning Commission, pursuant to Resolution PC86-180, terminated Conditional Use Permit No. 1036. 10. CONDITIONAL USE PERMIT NO. 2692--EXTENSION OF TIME: Submitted by Hillman Properties West, Inc., (East Hills), requesting an extension of time to Conditional Use Permit No. 2692, to permit a 3-story, 57-foot 6-inch high commercial office building on property located on the northwest side of proposed Riverview Drive, with certain Code waivers. 572 City Hall, Auaheim~ California - COUNCILMINUTES - July 15~ 1986~ 10:00 A.M. The City Planning Commission granted an extension of time to Conditional Use Permit No. 2692, to expire March 29, 1987. 11. VARIANCE NO. 3575: Submitted by Doyle E. and MarJorie L. Smith, to establish an 8-lot, RS-7200 single-family subdivision on property located at 1643 and 1651 West Cerritos Avenue, with the following Code waivers: (a) Required lot frontage, (b) minimum lot area, (c) minimum lot width and frontage, (d) permitted orientation of structures. The City Planning Commission, pursuant to Resolution No. PC86-174, denied Variance No. 3575, and granted a negative declaration status. The City Planning Commission's decision was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. 12. CONDITIONAL USE PERMIT NO. 2812: Submitted by Richard L. Muckenthaler, L. A. Muckenthaler Trust, to permit a transmission repair facility on CL zoned property located at 1601 West Crescent Avenue, with Code waiver of minimum landscaped setback area. The City Planning Commission, pursuant to Resolution No. PC86-176, granted Conditional Use Permit No. 2812 for two years to expire June 23, 1988, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilman Pickler and, therefore, a public hearing will be scheduled at a later date. 13. CONDITIONAL USE PERMIT NO. 2814: Submitted by D and D Development Co., (Raffle's Hotel), to permit on-sale alcoholic beverages in an existing hotel clubhouse on CR zoned property located at 2040 South Harbor Boulevard, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC86-178, granted Conditional Use Permit No. 2814, and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilwoman Kaywood in letter dated July 15, 1986 received before 5:00 p.m. that day since she was not present at that morning session of the Council meeting. 179: ORDINANCE NO. 4735: Councilman Pickler offered Ordinance No. 4735 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4735: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass 84-85-17, RM-1200, 2902 West Ball Road) Roll Call Vote: AYES: NOES: AB SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Bay, Pickler and Roth None Kaywood 573 City Hall, Anaheim, California - COUNCIL MINUTES - July 15, 1986~ 10:00 A.M. The Mayor declared Ordinance No. 4735 duly passed and adopted. 179: ORDINANCE NOS. 4738 AND 4739: Councilman Roth offered 0rdinance Nos. 4738 and 4739 for first reading. ORDINANCE NO. 4738: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFFARED TO IN TITLE 18 0F THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reelass. 85-86-01, RM-1200, east side of Citron Street, south of Lincoln Avenue - formerly Fremont Jr. High site) ORDINANCE NO. 4739: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING THE ZONING MAP REFER/tED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RRLATING TO ZONING. (Amending Title 18, Reclass. 85-86-36, CL, 890 South Anaheim Boulevard) 144: EASTERN-FOOTHILL CORI{IDOR JOINT POWERS AUTHORITY MEETING: Councilman Bay reported on the subject meeting held Thursday, July 10, 1986 also attended by the San Joaquin Joint Powers Authority at Irvine City Hall. One of the agenda items was the selection of an Executive Director who will be serving both Authorities in the beginning. The other significant item was a written position from the City of Irvine that was considered by some to be almost an ultimatum to both Authorities that they would not be members and would not participate unless certain specific conditions were met by the Authority which included downgrading the San Joaquin Corridor to arterial streets through Irvine and some other conditions which were received at the time of the meeting. A motion was made by Supervisor Nestande to reject those conditions and at the same time, in effect, put Irvine out of the Joint Power Authorities and not even give them the privilege of voice in the meetings. He (Bay) voted no along with Santa Ana and Tustin but the motion passed and the action taken. He did so because when they received the information, he did not have an opportunity to study it or look at possible alternatives or potential strategies that might have been worked out to keep the door open. The action implied that the Joint Powers Authority was closing the door on Irvine and further negotiations do not seem plausible. The Joint Powers Authority position is that Irvine is out until they change some of their views and ask to come back in. CERTIFICATES OF PARTICIPATION: Councilman Bay recalled that a few weeks ago he had requested information and opinion on Certificates of Participation and their relationship to the intent of the City Charter. He a~kedwhen that information was going to be submitted. City Attorney Jack White stated he has researched back to the original Charter Committee and read the minutes of those meetings. He has also researched the files available in the City Clerk's Office and is now in the process of compiling the last remaining piece of information he will need to submit a report to the Council. He anticipated it would be ready two weeks from today and that the Council would have received it by that time. RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held to consult with the City Attorney regarding: 574 City Hall, Anaheim~ California - COUNCIL MINUTES - July 15, 1986~ 10:00 A.M. a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No 40-92-46. b. To confer with the City's designated representative regarding labor relations matters pursuant to Gov't. Code Section 54957.6 c. To confer with its attorney regarding matters of potential litigation pursuant to Government Code Section 54956.9(b)(1). Councilman Roth moved to recess into Closed Session and a lunch break. Councilman Pickler seconded the motion. Councilwoman Kaywood was absent. MOTION CARRIED. (10:40 a.m.~) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:50 p.m) 153: MEMORANDUM OF UNDERSTANDING AND TERMS AND CONDITIONS OF EMPLOYMENT - UTILITIES EMPLOYEES REPRESENTED BY I.B.E.W.: Human Resources Director, Garry McKae, introduced the proposed resolution and recommended its adoption. Councilman Roth offered Resolution No. 86R-334 for adoption, establishing terms and conditions of employment for employees in classifications assigned to the Utilities employees unit represented by I.B.E.W., Local Union No. 47, repealing Resolutions 84R-72 and 84R-458. Refer to Resolution Book. RESOLUTION NO. 86R-334: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMpLoYEES IN CLASSIFICATIONS ASSIGNED TO THE UTILITIES EMPLOYEES UNIT REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 47 REPEALING RESOLUTION NOS. 84R-72 AND 84R-458. Before a vote was taken, Mayor Roth commended Mr. McRae and also the members of I.B.E.W. in bringing the matter to a conclusion within the limits that the taxpayers and Council could accept. Mr. McRae and his staff did an outstanding job as well as the City Manager and representatives of the I.B.E.W. A vote was the~ taken on the foregoing resolution. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, NOES: COUNCIL MEMBERS: None ABSENT: COUNCILMEMBERS: None Pickler and Roth The Mayor declared Resolution No. 86R-334 duly passed and adopted. 127/129: HEARING - FIREWORKS: To discuss the use and potential ban of safe and sane fireworks in the City of Anaheim by the public. This matter was discussed at the meeting of July 8, 1986 (see minutes that date). 575 City Hall, Anaheim, California - COUNCIL MINUTES - July 15, 1986, 10:00 A.M. City Clerk Leonora Sohl, read the motions that were made and seconded at the meeting of July 8, 1986 which were still before the Council: MOTION: Councilwoman Kaywood - - That the Council place on the November' Ballot the question of whether or not there should be a ban on the sale and use of safe and sane fireworks in the City of Anaheim excluding professionally staged displays. Councilman Bay seconded the motion. MOTION: Councilman 0verholt - - That the City Attorney prepare an ordinance banning the sale of fireworks inAnaheim and subsequently Council to hold public hearings on that ordinance at the conclusion of which the Council will make a decision as a matter of public safety relative to the proposed ordinance. Councilman Roth seconded the motion. Subsequently, a motion of continuance was offered by Councilman Pickler and the matter was continued to this date. Mayor Roth stated he seconded the motion by Councilman Overholt last week for the purpose of having some discussion. The Council subsequently heard from those who wished to speak last week. At this time, he is withdrawing his second because he is not interested in having hearings and then make a determination. The action now reverts back to the original motion made by Councilwoman Kaywood. Councilman Overholt asked if there was another second to the substitute motion he had offered. There was no second. He then asked for clarification on the basic motion whether the ballot proposition would result in an automatic decision or be advisory to the Council. Councilwoman Kaywood clarified that she intends that the result be automatic. Whichever way it goes is the way the Council would have to act; Councilman 0verholt stated he did not believe it would require any action of the Council whatsoever. Councilwoman Kaywood stated that whatever the outcome, that shall be the law of the City. The Council takes no action. The question will be yes I want fireworks or no I do not want fireworks. ~he did not want any confusion. Councilman Overholt stated, based on the outcome of the vote that would become the law of the City without regard to any Council action whatsoever; Councilwoman Kaywood stated that was correct. Councilman Bay stated it is time that the Council debated that fine difference between that type of vote and an advisory vote. If it has an effect of placing a binding decision on this Council and future Councils, he asked the City Attorney to explain how that would be done and if it could be done. City Attorney Jack White explained there are two ways to put an item on the ballot in a Municipal Election. The first is an advisory measure simply worded. A yes would mean that the Council would be advised that the people 576 City Hall~ Anaheim, California - COUNCIL MINUTES - Jul7 15~ 1986~ 10:00 A.M. wished to continue fireworks in the City or no they do not. The second way would be an initiative measure that the Council can either place on the ballot voluntarily or that the people can initiate through a signature method. That proposal, if adopted by a majority of those voting at the Election would then become binding. It would be worded as any other ordinance in the City and would not be subject to being amended or appealed except by another vote of the people. At this time, he is not prepared to give a final answer relative to the wording. If it is a binding measure, the wording of the ordinance would be drafted by his office and the Council would have that wording prior to the August 8, 1986 deadline for submittal to the County. Councilman Overholt asked if the ballot proposition results in an immediate law in the City to either ban or not ban fireworks is it true that it would not preclude a future City Council from again bringing up the issue and considering the possible change of that ordinance. Mr. White answered that a subsequent City Council could bring up the issue and could again place it on the ballot. The City Council could not merely chan~e the ordinance if the people through the initiative process voted the ordinance through. To make any change to that ordinance, if adopted, would require that the City Council or people initiate the change and allow it to be voted on at another election. The people would decide to change it or repeal it. Councilman Bay stated the Council could then not overrule, without a vote of the people, the same as something in the Charter. The Council should consider the fact that if the choice is to go to a binding vote that is how it will be. He was not against that because he feels it is important that the people of the City make that decision. He does not know where the majority is but will know that after the Election. Councilwoman Kaywood stated the reason she was asking that it not be an advisory vote if the majority of voters indicated that they wanted fireworks banned and the Council decided they did not believe it was a true vote, nothing will have been accomplished by placing the question on the ballot. Councilman 0verholt was concerned if the vote in November is that fireworks will be legal in the City, there will be no further consideration by the Council as a result of putting the question on the ballot as an absolute measure rather than an advisory measure. Councilman Pickler stated if it is going to be put on the ballot~ it should be the final vote of the people until changed by another vote of the people. Ne also noted there were many people in the audience that would testify on the issue which has been done many times before. As far as he was concerned, he was Joining Councllwoman Kaywood and Councilman Bay to place the issue on the ballot. Councilman Overholt stated he also supports the motion since his substitute motion failed. He does not favor this way of doing it. He would rather see the Council assume its responsibility. He indicated even though he had opposed a ban in the past, he is leaning strongly in favor of a ban at this time particularly because of the recent fire. Although he was going to 577 City Hall~ Anaheim, California - COUNCIL MINUTES - July 15~ 1986~ 10:00 A.M. support the motion, he had grave concerns because he feels it will not result in a ban of fireworks in the City and he believes the time has come to have fireworks banned. Councilwoman Kaywood re-emphasized the wording she was looking for is a yes or no ballot vote whether to continue the sale and use of safe and sane fireworks. She asked if the vote were to be no was the City Attorney saying there could not be an ordinance because it was negative. City Attorney White answered no. He has not even started drafting the document. He was only indicating Just as a preliminary thought in drafting the ordinance and ballot measure, the initiative measure would be, in effect, the people voting on whether to adopt a new ordinance and that ordinance would have the effect of changing the current Code to ban fireworks. It may be difficult to fashion the language that goes on the ballot in a way that will indicate that a yes is a yes to continue the current ordinance whereas a no would be the adoption of the new ordinance banning fireworks. Councilwoman Kaywood stated the wording is crucial; Mr. White stated his intent is that the language will be crystal clear. Councilman Overholt stated knowing the only issue before the Council is whether or not the issue should be put on the ballot, perhaps there are some people who would like to speak to the matter. Councilwoman Kaywood stated she would be glad to hear from them as well but first would like to take a vote on her motion; Councilman 0verholt stated he would be opposed to having a voten take before those who wished to speak were heard. The public was told they would be given an opportunity to speak. After Council discussion on the matter, City Attorney Jack White clarified for Councilwoman Kaywood that a motion to consider the question is a motion of precedence which is non-debatable. It would require a 2/3's vote to carry under normal procedural rules or four out of five Council Members. Mayor Roth clarified that the vote to be taken would be calling for the question of not taking testimony and proceeding. A vote was then taken and failed to carry by the f0110win$ vote: Roll Call Vote: AYES: NOES: AB SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood and Pickler Bay, Overholt and Roth None The public was then invited to speak to the issue with a request that the subject be limited to the issue of whether or not the question should go on the November ballot. 578 City Hall, Anaheim, California - COUNCIL MINUTES - July 15~ 1986~ 10:00 A.M. Walter Borman, 270 West Ball Road. He would like first to see an ordinance adopted by the Council to ban fireworks. If the Council votes to allow the sale, those who do not want fireworks could go through the petition-initative process that would then go to a vote of the citizens. Joseph LaRoche, Brookhurst Village Board of Directors. The 684 residents of the complex want fireworks banned except in controlled situations. He asked that the issue be placed on the ballot. Mr. Bill Erickson, 301 East North Street. He read a prepared letter to the Council. He is concerned with the safety aspect involved with fireworks, noting that there are many wood shingle roofs in the City. He would like fireworks banned in the City. Edward Widtfeldt, Pyrotechnics, 2349 West La Palma Avenue. If the decision is to put the issue on the ballot, it should be prefaced properly, i.e., should State approved safe and sane fireworks be allowed in the City of Anaheim. Agnes Erickson, 301 East North Street. Fireworks should be banned or the question placed on the ballot. (She submitted for inspection the remains of fireworks that ended up in her yard on July 4, 1986). The following people urged that the question be placed on the ballot: Eileen Anthony - Amberwick Lane; Don Johnson - 2122 West Juno; Cal Friesen - 1140 Boden; Ralph Marrero - 1250 Beach Blvd.; Jan Billings - 1769 Goodhue. Hertha MacLachlan, 219 East North Street. She would like the Council to make the decision to ban fireworks but if not the question should be put on the November ballot. Jerry Reeves, 1879 West Cerritos. There is still one year before fireworks come up again. They did not know what the wording was going to be. He questioned why the rush to put it on the ballot. (Also see Mr. Reeve's testimony given at the meeting of July 8, 1986). Mayor Roth then asked that the motion again be read and a vote take. MOTION: Councilwoman Kaywood - - That the Council place on the November Ballot the question of whether or not there should be a ban on the sale and use of safe and sane fireworks in the City of Anaheim excluding professionally staged displays. Councilman Bay seconded the motion. A vote was then taken on the foregoing motion. MOTION CARRIED UNANIMOUSLY. 579 City Hall, Anaheim~ California - COUNCIL MINUTES - July 15, 1986, 10:00 A.M. Councilwoman Kaywood then asked the fire Chief to comment on what she considered to be mis-statements made by a member of the Fireworks Industry at the meeting of July 8, 1986 (Michael Nason, California Pyrotechnics Association). He stated when there is a ban of safe and sane fireworks, there are then more illegal fireworks. Bob Simpson, Deputy City Manager and Fire Chief answered there are less fireworks shot off if there is a total ban based on a survey done by the California Fire Chief's Association and California State Firemen's Association. He also had an opportunity to look at the fireworks that were presented by Mrs. Erickson and there was a mix of legals and illegals in the group. Legal fireworks can be altered. Safe and sane fireworks are not very exciting but what makes them exciting is when they are altered. Later in the meeting (8:00 p.m.) Councilman Overholt questioned the City Attorney relative to the placement of the fireworks issue on the ballot. There was some discussion from the City Attorney with respect to the impact of people voting on that ballot. If the electorate voted to ban fireworks, what power, if any, would the City Council after such a vote, have to change what the people have decided. If the electorate voted not to ban fireworks, what power, if any, would the Council have. His understanding at the time was, there may have been some confusion that the Council would be powerless. He questioned what the power of the Council would be in either case. City Attorney Jack White explained the current Code permits safe and sane fireworks to be sold and discharged within the City. The ordinance to be prepared to be placed on the ballot would be an ordinance to amend the Code to ban the sale and discharge of safe and sane fireworks. The electorate would be voting on whether or not they wished to adopt that ordinance banning fireworks. If the electorate, by a majority voted in favor, fireworks would be banned. Under law, since that ordinance had been adopted by the people of the City, it could not be repealed or amended by any subsequent City Council but only changed by another vote of the electorate. On the other hand, if the people do not vote in favor of adopting the ordinance banning fireworks, that would only place the City in exactly the same position as it is today. The City Council would still at that point in time or any subsequent time have legal authority to adopt an ordinance dealing with fireworks in any manner the Council saw fit including banning fireworks. He will probably be asking if the Council wants that in the ballot measure or in the analysis. RECESS: By general consent the Council recessed for five minutes. (3:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:07 p.m.) 179: PROPOSED MORATORIUM ON SUBTERRANEAN PARKING IN MULTI-FAMILY DEVELOPMENT: Councilwoman Kaywood stated the City has allowed underground parking 4 feet or 5 feet underground which has been in effect for approximately a year. She has asked staff to submit a report because it appears to be something that is very detrimental. She was going to ask that there be a moratorium on additional projects with underground parking. 58O City Hall~ Anaheim~ California - COUNCIL MINUTES - July 15~ 1986~ 10:00 A.M. Councilman Bay stated he was ready to listen because some time ago he asked for information from staff but he did not think the public hearing schedule should be interrupted in order to discuss the matter. Later in the meeting, (7:15 p.m.) Councilwoman Kaywood stated she requested staff to submit a report on the issue to prevent what was occurring from happening again. With parking 4 feet underground, developments were looking right into existing single-family homes. There are many neighborhoods literally destroyed because of the situation. She would like to see a moratorium on such developments until staff could come up with the proper wording. The probability is that no more than 18 inches and possibly 24 inches would be allowed. To go to underground parking they would need to go the full distance below so that ventilation and noise does not invade the single-family residential areas. A couple of these proposals were denied by the Council and the developer subsequently turned around and went in with just minor adjustments and built almost identically to what had been denied without any conditions because somehow it met Code by stretching the imagination as to what was permitted. Councilman Bay stated he had made a request of staff some time ago. Annika Santalahti, Assistant Director for Zoning, stated there was a request last year and the Code was amended to attach a height footage requirement to 2-stories. What they did was put 25 feet on a 1 and 1-1/2-story, 30 feet on a 2-story and 35 on a 2 - 1/2-story. They bmve had two different kinds of instances arise basically because the garage is considered a basement and a basement is not considered a story until more than half of it projects above the finished grade of the site. In a garage situation it means that 4 feet projects above the grade of the property and one of two things happens; One is that the first floor of the apartments is 4 feet above ground, thus being able to see over 6-foot fences; and the other is that when the basement garages are close to property lines, and they can be up to as close as 5 feet, there is the possibility that they will have open wall sections. The concern has been that there will be noise and fumes that come across the property line. Councilman Bay stated when RM-1200 is put next to RS-7200 there are all sorts of buffer zone requirements. He questioned how they were getting 1 and 1-1/2 or 2-story KM-1200 next to RS-7200 with only a 5-foot side yard clearance. Miss Santalahti stated the 5 feet is a possibility when it is a blank wall and there are no windows or doorways in the wall, 5 feet to a habitable space so that a window to a garage or a space is not counted. The condominium zoning has a lesser setback requirement; Councilman Bay conceded it was a loophole. Mayor Roth stated he did not have an objection to looking into the matter and then getting a staff report. He was concerned over the issue of any kind of moratorium on projects and progress. It was necessary to receive information from staff before any such action. Councilman Pickler was concerned that between now and the time staff submitted a report there might be ten other projects in the works. If there was a 581 City Hall~ Anaheim, California - COUNCIL MINUTES - July 15~ 1986~ 10:00 A.M. problem, it was necessary to find out from the City Attorney if there was something that could be done. City Attorney Jack White stated the Council has the legal prerogative to adopt a moratorium ordinance any time they wished while considering changing certain aspects of the Zoning Code. Moratorium is an urgency ordinance that would require four votes and it must be read in full at the time it is adopted. If the Council is contemplating doing so this evening, he would need some time to write the ordinance. Councilwoman Kaywood stated the specific instance she was referring to was a development denied by the Planning Commission and the Council. The builder turned around and said he was going to make the objecting homeowner's life miserable and he did. She does not know how many more have slipped through since then. Councilman Bay stated it was necessary to have all the specifics of the situation in order to know what they were talking about. It was too much to expect the Council to stop everything without drawings, sketches, etc. City Attorney White stated his recommendation is that the Council have an ordinance written and acted upon this evening or continue the matter for one week. During the interim period, he understands there is only one application pending that is in final stages of plan check that would potentially be affected by the adoption of an ordinance. Based on the comments he has heard, he is comfortable with delaying the action for one week. He also recommended if the matter was discussed any further that it be done in Closed Session. Councilwoman Kaywood expressed her concern over any delay. After further discussion, Councilman Pickler moved to recess into Closed Session to confer with the City Attorney regarding pending litigation pursuant to Government Code Section 54956.9B1. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (7:25 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (8:00 p.m.) No action was taken on the foregoing issue at this time. 111: I-IATJ~WEF_J~ PAKA/)EAND FESTIVAL: Mayor Roth referred to a memorandum dated June 23, 1986 received from Chris Jarvi, Director of Parks, Recreation and Community Services, regarding the Halloween Parade specifically the last paragraph asking direction from the Council on the course of action staff should take. He was concerned over the implication that the Halloween Festival might not take place this year. Councilwoman Kaywood stated that she had spoken with Arlene Taormina who felt that she and Andrea Manes might take the leadership role for the 1986 Parade. 582 City Hall, Anaheim, California - COUNCIL MINUTES - July 15~ 1986, 10:00 A.M. Councilman Overholt felt if the Halloween Festival was not held this year it may never be held again. He suggested that they try to get greater participation on the parts of groups that were involved. He was supportive of doing whatever had to be done to keep the event going. Councilman Bay stated if there is no interest from the private sector to make it happen, he was not one to say that government should make it happen. There had to be private support as in the past. If there was no Halloween Festival one year due to lack of private support, the following year there might be a lot of support to bring it back. It is very late to start on the parade at this time since the flow time is already past. Councilman Overholt stated they all agreed it is not government's job to tell the private community what to do but he feels that he Festival is one of the more exciting things the City does. If they let it die, it is his judgment it will not start again. Mayor Roth stated to let it fall by the wayside, without making some concerted effort to hold the Festival, would be wrong. Councilman Overholt suggested that they take some action next week to perhaps appoint a task force and in the meantime try to come up with some ideas. Councilman Pickler asked for information from the Parks and Recreation Department. City Manager Talley stated that the Department is saying they do not have funds available, that it has always been a community, rather than a City-staged event, and the Department is not contemplating gearing up for the Festival. Mayor Roth emphasized it was important for Council Members to talk to community leaders about the importance of keeping the Halloween Festival and Parade going. It was important that they seek volunteers, talk to the Chamber of Commerce and other service organizations. It was determined that the Halloween Festival and Parade be continued and discussed by the Council at their meeting of July 22, 1986. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2756 AND NEGATIVE DECLARATION: APPLICANT: Orange County Steel Salvage, Inc., 3200 East Frontera Road, Anaheim, Ca. 92806 ZONING/LOCATION/REQUEST: To permit temporary outdoor storage of shredder waste and dismantled automobiles on RS-A-43,000 zoned property located at 3200 East Frontera Road. PLANNING COMMISSION ACTION: Resolution PC86-32 denied Conditional Use Permit No. 2756 and denied an EIR - negative declaration status for the project. 583 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - Jul~ 15, 1986, 10:00 A.M. HEARING SET ON: Appealed by George Adams, Orange County Steel Salvage. This matter was continued from the meetings of March 18, April 15 and May 20, 1986, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 6, 1986. Posting of property March 7, 1986. Mailing to property owners within 300 feet - March 7, 1986. PLANNING STAFF INPUT: See Planning Department Staff Report to the Planning Commission dated January 20, 1986 and report of the City Attorney dated March 14, 1986, recommending that the City continue to cooperate with the Department of Health Services (DHS) and other agencies in seeking to remove the hazardous waste. APPLICANT'S STATEMENT: Philip Anthony representing Orange County Steel Salvage (OCSS). They have tried to keep the Council informed by various copies of letters since the last meeting. They have been pursuing the definition of discharge requirements that would be appropriate for putting the shredder waste in a local landfill. At the present time, the President of the Santa Ana Regional Water Quality Control Board has directed its staff and communicated with the County requesting information to put together those discharge requirements. The Orange County Waste and Toxic Management Commission is also requesting the County to ask for the discharge requirements. The County has not chosen to formally ask for those requirements. As promised at the last meeting, Orange County Steel Salvage has started removing part of the waste to a landfill site in Arizona. Unfortunately in late June, 1986, OCSS was notified by the Environmental Protection Agency (EPA) to stop taking the shredder waste to Arizona because of the still unresolved PCB question. It is extremely frustrating that the PCB issue is still pending because that is the cloud covering all of the possible locations for getting rid of the waste and moving it out of the City. OCSS has been working with the Department of Health Services ~DOHS) and EPA for some months trying to get agreement on exactly what kind of testing should be done, who would do it and how it would be done to put to rest the question of whether or not there is a PCB problem. In the tests done so far by DOHS, the average results came out a little bit above the level of 50 parts per million. O~ the test results by OCSS Consultants, the average came out somewhat below the 50 parts per million. Nobody is willing to accept those early test results as being conclusive. He referred to letter dated July 14, 1986 to Mr. James McNally, Program Manager, Toxic Substance Control Division, California Department of Health, Los Angeles (previously made a part of the record), documenting the meeting of Thursday, July 10, 1986 with the Health Department, EPA and representatives from the Regional Water Quality Board. In the 584 City Hall, Anaheim, California - COUNCIL MINUTES - July 15, 1986~ 10:00 A.M. letter they have tried to suggest what they feel would be a better sampling method. Until the question is resolved, the EPA is not going to let OCSS or anybody else move the waste anywhere. What they are prepared to do, with the Health Department watching and participating as they wish, is to perform sufficient sampling and testing to decide to everybody's satisfaction the correct answer to the PCB issue. The letter of July 14, 1986 brings the whole situation up to date. Another key item, at the request of the Regional Water Quality Board, OCSS had testing done to determine if any of the contnmtnants in the shredder waste pile had migrated into the soil beneath the pile and be a possible threat to Water Quality. The July 1, 1986 letter (Phase I Site Assessment) from their consultants Kennedy/Jenks/Chilton reports that there has been absolutely no migration of either lead or PCB's beneath the surface of the ground underneath the pile. It is an authoritative report which clearly points out that there is no present danger to the people of Anaheim and Orange County from the contaminants getting into the groundwater. OCSS has tried to put all the information they have together, lay it at the doorstep of the Health Department, waiting hour by hour for their response. He reiterated if they do not hear from them in the next couple of days, they are going to proceed and carry out the testing along the lines suggested in the July 14, 1986 letter with professional help. Mayor Roth. He is disappointed in that at the last hearing the Council gave Mr. Adams considerable time to come up with a solution. He requested help at the time, requesting that the Councilwrite letters to assist in bringing about some action. Letter dated June 24, 1986 from Angelo Bellomo, Chief, Southern California Section, Toxic Substance Control Division, Department of Health Services in response to his (Roth) letter of May 23, 1986, stated in part, "He has refused to comply with the law because he does not wish to spend the money necessary for compliance. It has been the Department's position to assist the City of Anaheim in any way possible to alleviate the waste problem. To that end, we have been working closely with your Code Enforcement Office and City Attorney's Office. Your statement is therefore an inaccurate description of the present circumstances." He is, therefore, concerned about granting another continuance at this time. Mr. Adams also stated he would provide the Council with reports on the amount of "fluff" removed from the site. However, the amount of "fluff" has again increased. He wants to assure the citizens of Anaheim that the Council is doing everything in its power to assure the safety of the citizens as well as their water supply. The issue before the Council today was whether or not to approve the CUP on one of the subject parcels. If Councilman Pickler should call for an order to show cause hearing why the existing permits should 585 City Hall, Anaheim, California - COUNCIL MINUTES - July 15~ 1986, 10;00 A.M. not be revoked, he was wondering if they would then see some solution to the problems. Discussion and questioning of Mr. Anthony by Council Members followed. During the discussion, Councilman Bay stated there were two things he could not understand and wanted to know the answers to, (1) why the tests were not accomplished by July 10, 1986 and, (2) why the Council has received no reports at all during the two month period on what was being trucked off the property as promised. The answer to No. 1 is in the July 14, 1986 letter. He does not know the answer to No. 2. George Adams, Jr., Orange County Steel Salvage. Relative to the reports, he has all the weight tickets with all the loads. After he got "shot down" in shipping the loads to Arizona, he discontinued them. They had hauled approximately 35 loads to Arizona when they were cut off because of the PCB issue. Mayor Roth. He asked if there was now more "fluff" on the property than at the time of the last Council meeting on May 20, 1986. George Adams, Jr. They generate about 50 tons a day or two truck loads a day. Their goal is to try and haul off two truck loads a day. Yes, they do have more "fluff" on the property today than at the last hearing. They need to have their pile tested for PCB's. Recycling is very necessary to the State and City. Shipping the material to Casmalia does not solve the problem, it kills recycling. If it is found that PCB's in the waste are over 50 parts per million, they are probably going to shut down the shredder but they will definitely not come back and ask for an extension of time. However, shutting down will mean there is no place for "Junk" cars to go. They are going to take their own tests. EXHIBITS, MATERIALS SUBMITTED; None COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Roth, the City Council denied the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. 586 City Hall~ Anaheim~ California - C0UNCILMINUTES - July 15~ 1986~ 10:00 A.M. Councilman Pickler offered Resolution No. 86R-335 for adoption, upholding the findings of the City Planning Commission and denying Conditional Use Permit No. 2756. Refer to Resolution Book. RESOLUTION NO. 86R-335: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2756. Before a vote was taken, Councilwoman Kaywood stated she agreed with what Mr. Adams said regarding recycling and where the cars will go but she shares everybody's concern with the shredder waste pile growing to a larger amount with nothing moving off of the property. If all agencies are not in accord on the testing methods, the results are not going to be accepted and the situation will be the same as it was in the beginning. A vote was then taken on the foregoing resolution of denial. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-335 duly passed and adopted. Councilman Pickler moved that an order to show Cause Hearing be set as to why the existing CUP's covering the subject property should not be revoked. City Attorney Jack White confirmed that would be on both Conditional Use Permit Nos. 1703 and 2525. Councilman Roth seconded the motion. He indicated that the hearing should be set five weeks from today. The Council is taking a bold action by denying and upholding the Planning Commission's denial on Conditional Use Permit No. 2756. The motion on the floor will require that OCSS prove why their ~business should not be shut down. It is a very serious matter. The Council is deeply concerned regarding the shredder waste and the health and safety iSBUe involved. There is also no question as to the need for recycling today. He is hoping that within the five week period, OCSS can come forth with a solution to the issue. The situation is one which needs immediate and drastic action. A vote was then taken on the foregoing motion clarified as follows: That an order to show Cause Hearing be held as to why Conditional Use Permit Nos. 1703 and 2525 should not be revoked, setting the date and time for such hearing as Tuesday, August 19, 1986, at 1:30 p.m. MOTION CARRIED. 587 City Hall, Anaheim~ California - COUNCIL MINUTES - July 15~ 1986, 10:00 A.M. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2810 AND NEGATIVE DECLARATION: APPLICANT: Talat Radwan/Abraham Ali 27182 Soledad, Mission VieJo, CA. 92692 REQUEST/ZONING/LOCATION: To construct a convenience market with gasoline sales and off-sale of beer and wine, on CR zoned property located at 1198 West Ball Road. PLANNING COMMISSION ACTION: Planning Commission Resolution No. PC86-153, denied Conditional Use Permit No. 2810; approved EIR - Negative Declaration. HEARING SET ON: Appealed by TalatRadwan, Avery Oil Company. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 4, 1986. Posting of property July 3, 1986. Mailing to property owners within 300 feet - July 3, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated June 9, 1986. APPLICANT'S STATEMENT: Leslie Kyle, 439 Via Lido, Newport Beach, Ca., Agent for the applicant. They are appealing the Planning Commission's decision of denial based upon the findings that the Commission did not agree with the concurrent sales of alcoholic beverages with gasoline sales. The information provided in the staff report continues to be erroneous as it was when it went to the Commission in that there are at least three sections of the Code that do allow for them to apply for a CUP in the CE zone for this type of use. The description and purpose of the CR zone is intended to provide for and encourage the development of retail businesses directly related to the business of entertainment, housing or supplying services to the tourists. This is what they are proposing to do with the subject development. One of the major reasons they chose to locate on the subject corner is due to its proximity to the RV Parks. She thereupon submitted a map showing the location of the proposed development in relation to existing RV Parks in the area. The business is intended to be operated by a minimum of two employees at any given time with additional help that may be required from time to time. It is intended to be open 24-hours a day with emphasis on serving the needs of travelers and tourists. Beer and wine sales activity would not be 24-hours a day but would end at 2:00 a.m. Mr. Radwan's other existing facilities have always represented a substantial upgrade for their sites and far exceed development standards for the zone. This development complies with all development standards. The project would include demolition of 588 City Hall, Anaheim~ California - COUNCIL MINUTES - July 15~ 1986, 10:00 A.M. the existing service station buildings with retention of underground tanks. The station would be replaced with the construction of an approximate 5,000 square foot "L" shape building as depicted in the rendering. The pump island would be modified so that it would be angled on the property. Access is by two driveways with two existing driveways to be closed. Circulation on and off the property would be adequate and superior to what is existing now. On site parking would be provided for 28 spaces. While there are other markets in the area, they are much smaller and do not offer the services nor the product line to be offered by the proposed facility. There is no other larger market in the immediate area. Relative to the issue of gasoline and beer and wine sales, their position is that beer and wine is available in many locations. Nomatter where a customer purchases beer and wine, they have to get back into their cars and drive off. Rather than taking a limited prohibition approach, they encouraged enforcement of existing laws and the passage of legislation which is hard and difficult and results in swift Justice. They also advocate educational programs. Sharon Zuscar, 24825 Daphney West, Mission VieJo, Ca. She submitted a petition signed by herself indicating that she had done the foot work involved in connection with the signatures on the petition. She spoke to over 900 residents within the immediate area of Walnut. Everybody she spoke to was in favor of the change to the convenience market. The petition was 31 pages containing approximately 20 to 35 signatures on each page. She thereupon submitted the petition (made a part of the record). PUBLIC DISCUSSION- IN FAVOR: Omar Hemali, 944 South Brookhurst. He is in favor of the convenience store. Because it will be open 24-hours a day, this market will be easy and convenient. Ken Lawson, 1201 Cerritos. He is in favor of the convenience store for the beauty of it, for the people they will employ, four people all three shifts, and for the convenience. He has been to other facilities Mr. Kadwan owns. His prices are reasonable on some of the products he sells, he goes to a lot of expense to make his facilities beautiful, they are strict in checking ID's for alcohol purchases. Hutardo Buenrostro, 1381 South Walnut. He is in favor of the business and likes the idea. Lavonne Conyer, 1221 West Street. She is in favor of the market. It is an improvement for that area. It is convenient to be able to buy gas and groceries at the same time. The market will be open 24-hours which will make 589 City Hall~ Anaheim~ California - COUNCILMINUTES - July 15~ 1986~ 10:00 A.M. the area light at night. The street is wide and there is no traffic congestion problem at the location. Vincent Buckmelts, 1607 Memory Lane, Santa Ana. Mr. Radwan's facilities are architecturally attractive. Commented on the Planning Commission's objection to liquor and wine. It is important instead to look at the positive aspects of such requests. A.K. Joshi. He lives about one mile from the proposed market. good idea to have that market in the area. It would be a COUNCIL CONCERNS: Councilwoman Kaywood. She noted that nowhere on the petition submitted in favor did it say the market would be selling beer and wine. She also noted signatures from Garden Grove, Fullerton, Amarillo Texas, Orange, Brea, etc. The Council had to be concerned with those who were regular full-time residents of an area. Sharon Zuscar. She is sure she stated verbally that beer and wine was being proposed if it was not written on the petition. Many of the signers work in Anaheim and there were people from out of state as well, the people who were going to be using the convenience. She then narrated a slide presentation which showed various locations owned and operated by Mr. Radwan. PUBLIC DISCUSSION- IN OPPOSITION: Betty Ronconi, 1241 South Walnut. She submitted a petition of those in opposition who lived in the immediate area and from Walnut Manor which was in addition to the petition submitted at the Planning Commission hearing. The petition of the applicant is misleading. It does not mention they are proposing the sale of beer and wine in a 24-hour pstablishment. That petition was signed by those driving in for gasoline. The beauty o£ the proposed £acility is a positive aspect. There are many convenient stores in the area. The residents opposed the general concept of the sale of gasoline and alcoholic beverages at the same location. This type of facility is a negative to the effort of curbing drunk driving. They would like to see the corner more attractive but the fact remains they would not have control over their customers when they left the store. This is primarily a residential area facing the CE zone development. The only tourist facility is the Conestoga Inn. The guests are well provided for. The RV Parks all have their convenience stores. The location makes their residential area vulnerable to street crimes because there are a lot of pedestrians. This past month there have been three purses snatched in front of their houses. There will be more 59O City Hall~ Anaheim~ California - COUNCIL MINUTES - July 15~ 1986~ 10:00 A.M. traffic on Walnut Street as well as pedestrian traffic if the convenience store is to sell beer and wine. This type of market brings an increase in undesirables, loitering and littering and a 24-hour a day operation will bring noise at night which they have a lot of now. They are asking the Council to consider their homes and deny the application. Councilwoman Kaywood. She asked if they would object if they did not sell beer and wine. Mrs. Ronconi. It would help, but beer and wine and a 24-hour operation was almost intolerable in a residential area. Henry Downs, resident of Walnut Manor, the Lutheran Retirement Home with approximately 20 residents diagonally across from the proposed business. They object to mixing alcohol and gasoline. On the petition submitted in opposition, approximately 50 to 50 were from Walnut Manor. The gas station presently located on the subject property is full of motorcycles. They will be patronizing the facility on a 24-hour basis and will cause noise. There is also a problem in the Walnut Manor parking area now with beer parties being held on the lot. Selling wine and beer across the street will make the parking area even more attractive for parties. Foot traffic will also increase. Alcohol and gasoline do not mix. George Westhoven, 891 South Walnut, Walnut Manor. It is 151 steps from the subject property line to the Walnut Manor property line. He has lived there for 12 years. He polices the parking lot every Sunday morning. He finds beer cans and bottles on the lot. He sees no reason to have another convenience market located at that corner since there are two in the immediate vicinity. Ann Drau§elis~ 1199 West Vermont. She has a signed petition by people in her tract bounded on the west by Walnut and on the east by Flores. She submitted the petition. She has lived in the area for 32 years and her tract is in close proximity to the proposed market. The residents are very opposed to the proposal. They are opposed to the idea of a "beer garden" at Ball and Walnut and consider it a travesty in their neighborhood and an assault on their sanity and serenity. At present the lights from the station go out at 10:00 when it is nice to have some semblance of peace and quiet. There are residents who are diametrically opposed to the sale of beer and wine at a gas station and feel it is a contributory factor to driving under the influence. They are particularly worried about the hours and the beer and wine and want to keep it out of the area. 591 City Hall~ Anaheim, California - COUNCIL MINUTES - July 15~ 1986, 10:00 A.M. Michael Rizzuto, 1217 South Walnut (across the street from the subject property). He does not like the 24-hour operation and beer and wine where he will have to listen to noise for 24 hours a day. He also has to pick up the cans that the young people drop in front of his house and on his lawn. Ann Hamilton, 11 Geneva, Long Beach, Assistant Administrator of Walnut Manor. In addition to the refuse, she objects to the kinds of clientele that tend to congregate around 24-hour markets, and the additional noise. She would like the Council to remember they have been serving the elderly of Anaheim since 1938, located on an 11 acre site and are planning to build a 99-bed skilled nursing home that would be about 150 yards from the subject intersection. Their residents are very concerned not only relative to refuse, the clientele, but the round-the-clock noise. Drucilla Pruett, 1245 South Walnut. The residents object to the selling of beer and wine. It is not needed to service the neighborhood. The people it will serve are the tourists. There are seven stores within a half mile of Ball and Walnut to serve anyone. Walnut Street is congested at the present time. They do not need any more business to promote crime and congestion in their neighborhood. Many people park in front of their homes, drink, fight, use profane language, turn their car stereos up loud awakening residents usually from 12:00 midnight through 3:00 a.m. Almost every morning, the litter left behind has to be cleaned up. They are against promoting drinking and driving. SUMMATION BY APPLICANT: Leslie Kyle. Some of the concerns expressed are hearsay and not actual conditions experienced in and around convenience markets. There is no loitering at many well-run convenience markets because it is bad for business and is opposed by the operators. The facility will be larger then AM/PM markets and those at RV Parks. They do not wish to be equated with 7/11 or AM/PM markets. Theirs is a high grade junior market. After refuting some of the other statements made in the testimony of opposition, she also reported that all of the proceeds from the sale of alcoholic beverages at Mr. Radwan's facilities go to charities or other causes within the community where those facilities exist. It is not in keeping with his religion to use those receipts for his family's personal gain. They go to organizations and individuals and that can be documented. She requested that the Council grant approval of Conditional Use Permit No. 2810. 592 City Hall, Anaheim~ California - COUNCIL MINUTES - July 15~ 1986, 10:00 A.M. COUNCIL CONCERNS AND QUESTIONS: Councilman Pickler. He asked if there was a possibility the operation could cease at 12:00 midnight. Councilman Overholt. He asked if Mr. Radwan would consider limiting his business to a convenience market and gas or not dispensing gasoline and limiting his business to a convenience market selling beer and wine. Leslie Kyle. Receipts from sales of beer and wine go into the bookkeeping records for the facility. In order for the business to be profitable they do show up there. It is not that the receipts from the sale of beer and wine are not valuable but those receipts do not go to Mr. Radwan's family's personal gain. They have gone through the CUP process and if they did not have the on-sale beer and wine, they would not have been permitted in the CR zone to have retail sales. Councilwoman Kaywood. She asked for clarification on the latter statement that they would not be permitted to have retail sales without beer and wine. Annika Santalahti, Assistant Director for Zoning. The CR zone which the property is in allows service stations in connection with a CUP. The service station portion of the Code states that there are certain activities that may take place. One is a convenience market and that may include off-sale beer and wine under certain developmental conditions which established the percentage of square footage of the total buildings and things like that. It is not mandatory but it is identified in the CUP. Talat Radwan. To remain open from 12:00 midnight on is not a profitable time ~or them to do business. It is provided as a service to the community. If the Council recommends that the store be closed at 12:00 midnight he will do that. Relative to the beer and wine sales, it is almost impossible to operate if he gives up the sale of beer and wine because his other sales of staple products drops. Beer and wine represent approximately 25 percent of the sales or less. The proceeds from the beer and wine sales go to a non-profit organization. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Pickler, the City Council approved the negative 593 City Hall, Anaheim, California - COUNCIL MINUTES - July 15, 1986, 10:00 A.M. declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman Bay offered Resolution No. 86R-336 for adoption, granting Conditional Use Permit No. 2810, reversing the denial of the City Planning Commission, subject to all Interdepartmental Committee recommendations. Refer to Resolution Book. RESOLUTION NO. 86R-336: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2810. Before a vote was taken, Councilwoman Kaywood questioned if the resolution was being offered with all of the uses requested and on a 24-hour basis. Councilman Bay. That is what he is offering. It will be a CUP granted by the Council which can also be revoked by the Council. If the projected worries or conditions prove to be caused as feared by the development and they do create nuisances, the CUP can be revoked. He has not seen anything that has convinced him that this development is going to cause all the problems he heard today but if it does, the revocation process is available. Councilwoman Kaywood. The impact of the proposal would be dreadful on a 24-hour basis. Relative to beer and wine and gasoline sales, to pass the buck and say it can be purchased anywhere is not living up to the Council's responsibility. Every time they send a message to young people that they can buy beer and wine and gas at the same place it implies approval that it is okay to drink and drive. It is also unfair to ignore all the homeowners in the area. Councilman Overholt. He is going to vote against the proposal because it involves the sale of petroleum products and beer and wine at the same location. The residents of Walnut Manor could be calmed if the applicant was willing to terminate his business at midnight. The problem is all-night noise and the sale of alcohol products. In some neighborhoods, it is a service. A vote was then taken on the foregoing resolution: Roll Call Vote: AYES: COUNCILMEMBEES: Bay, Pickler and Roth NOES: COUNCIL MEMBERS: Kaywood and Overholt ABSENT: COUNCIL MEMBERS: None 594 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 15~ 1986~ 10:00 A.M. The Mayor declared Resolution No. 86R-336 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO. 3561 AND NEGATIVE DECLARATION: APPLICANT: Jerry Tremble, Inc., 505 City Parkway West Orange, Ca. 92668 REQUEST/ZONING/LOCATION: To expand an existing industrial building on ML zoned property located at 3941-3969 East La Palms Avenue, with Code waivers of minimum structural setback and yard requirements and minimum number of parking spaces. PLANNING COMMISSION ACTION: Planning Commission Resolution No. PC86-132 denied Variance No. 3561; approved EIR - Negative Declaration. HEARING SET ON: Appealed by the applicant. PUBLIC NOTICE REQU~NTS MET BY: Publication in Anaheim Bulletin July 4, 1986. Posting of property July 3, 1986. Mailing to property owners within 300 feet - July 3, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated May 28, 1986. APPLICANT'S STATEMENT: Frank Sator, 3150 East La Palma, Suite A, Anaheim, Ca. They own a number of industrial parks in Anaheim. All of their projects are fully leased. They charge a reasonable rent, keep their tenants happy and the projects are well maintained. They recently acquired the subject property, the intent being to bring it up to their standards and the standards of the City. Because of the hardship of the odd-shaped parcel, the building was developed in three phases. It will be very expensive to face lift the building and relandscape the entire site. They are improving the parking. In order to assist in recouping their costs for the improvements, they are requesting the additional space. Eon Bevins, Attorney for the applicant. The proposal will be a general upgrading o~ the entire project. It is a very irregularly shaped parcel. The parking variance is technical because the Code was changed. Parking will go from 67 to 98 spaces. An engineering report was provided to the Council which indicated average parking was less than 50. As suggested by the Traffic Engineer, they will close the second driveway to the west which means one less movement out onto La Palma. The variance reduces the landscaping from 20 feet to 17 feet. However, they are picking up additional landscaping that is going to be installed in front of the buildings. Relative to the setback, the building is an integral part of the development 595 City Hall~ Anaheim, California - COUNCIL MINUTES - July 15~ 1986, 10:00 A.M. because of the financial costs involved. The estimated cost of refurbishment is between ~100,000 and ~125,000. As indicated on the posted plan, the area in red appears to be a substantial encroachment but in viewing the proposal on site, it will not block the building to the east. The extension into the setback is not going to block any view of the adjacent parcel. He thereupon submitted pictures showing the project and the property adjacent to it. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Jim Hood, 3921 East La Palma. He represents the property adjacent to the subject property on the east. There are several problems they find very inconsistent with the applicant's approach. They are going to delete one of the ingress and egress points on the property. The properties share an easement which is that ingress and egress point. They have already had a number of problems. The applicant already broached most of the problems regarding the congestion experienced in that ingress and egress point. If it is eliminated, it will cause a problem. There are semis and large trucks which use that access and that creates a dangerous and hazardous situation for them. They are against closing the ingress and egress point because of the congestion problem. They also have a problem relative to parking. They would be opposed to even one less parking space than required. He understands the value of keeping parking to Code as did the Planning Commission. Merely because they completed a study indicating there will be no problems does not guarantee there will be no problems later on. They do not oppose high-tech but the applicant is asking for high-tech without providing the parking. In his experience, that has caused blighted areas. Relative to covering the cost for refurbishment, when they make improvements, they take it out of their net income and the applicant should do the same. The applicant is adding square footage while adding only 13 parking spaces which will then be below Code. Councilwoman Kaywood. The applicant is providing 98 spaces and is required to have 111 spaces. Pat Mandarino, 3921 East La Palma. His office is at the point where the easement is located between their property on the west and the applicant's property on the east. He can watch traffic coming and going 10 hours a day from his office. If one of the alleyways is taken away the area is going to be even more congested and it could be a danger to trucks coming and going. Semis might be stuck in the street trying to turn in and with congestion they could cause accidents in the area. 596 City Hall, Anaheim~ California - COUNCIL MINUTES - July 15~ 1986~ 10:00 A.M. SUMMATION BY APPLICANT: Eon Bevins. They are adding 31 spaces which is going to be a substantial increase in parking over what is there now. The driveway being closed at the suggestion of the Traffic Engineer is not the driveway which is the subject of the easement of the objector. Councilwoman Kaywood. She interjected and asked if the Traffic Engineer was aware of the easement and the congestion existing there now in making his recommendation. Ron Bevins. If not, he was well aware of the overall situation. He explained the history of the easement area. He believes the adjacent property owner is objecting to the proposed driveway closure because he will not be able to go in across their property into the easement. They are going to have to use their own easement. He reiterated the reason the driveway is being closed is not at their suggestion but that of the Traffic Engineer to prevent more movements on La Palma. Annika Santalahti, Assistant Director for Zoning. The driveways shown on the drawing all are aligned with a private roadway that leads into the property or three driveways. She did not realize there had been a fourth driveway. The Traffic Engineer asks for driveway closures but typically it is a reflection of how much traffic and whether there are trucks coming out. The posted drawing was the one Mr. Singer saw and the one he accepted. He may not have been aware of how much traffic goes through the easement unless somebody made a comment. Frank Sator. Mr. Singer was the one who suggested that they get an independent engineer to survey the traffic and a report was subsequently submitted relative to traffic and parking. Mayor Roth. The conflict appears to be in the fact that the Traffic Engineer is recommending a driveway closure. Since he is not now available, he would recommend a one week continuance in order to get a first hand report from the Traffic Engineer. He is supportive of upgrading but wants additional information on the driveway closure. Councilman Bay. Whether the driveway is closed or not, he does not have a problem with parking or a serious problem with traffic .flow. His concern is relative to encroachment into the 50-foot setback. Staff reported that La Palms is built to its ultimate width. He is in that area every day and committees have been 597 City Hall~ Anaheim, California - COUNCIL MINUTES - July 15, 1986, 10:00 A.M. formed to look for ways to mitigate problems of traffic at peak times. He referred to the widening of Anaheim Boulevard that has taken place in the past 5 years and the millions of dollars in costs because the City did not hold to setbacks. Looking at the industrial area in 20 years and knowing what the traffic is going to be, he cannot assume La Palma is not going to need widening again in about 10 years and certainly within 20 years. He wants to know from the applicant if he can accomplish what he wants to do without cutting into the 50-foot setback area. Ne suggested that the applicant look at a redesign that does not encroach into that setback. Councilwoman Kaywood. She agrees with Councilman Bay. The Redevelopment Commission denied the project as well as the Planning Comm{ssion. She would be concerned with their vote and the reasoning behind it. She is concerned over the shortage of landscape setback as well. Council would be abdicating their duty in approving the project. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilwoman Kaywood offered a resolution of denial, upholding the findings of the City Planning Comm~sslon. Before action was taken, Mayor Roth stated the only reason he would not support the resolution is due to the questions he has that have not been properly answered by the Traffic Engineer. In addition, he feels there could be some compromise relative to the encroachment. After further discussion, Councilman Roth moved to continue the public hearing On Variance No. 3561 for one week to Tuesday~ July 22~ 198§~ at 1:30 p.m., the first public hearing, in order to receive input from the Traffic Engineer. Councilman Overholt seconded the motion. MOTION CARRIED. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2377--REVISED PLANS AND NEGATIVE DECLARATION: APPLICANT: Caliber Motors, 5395 East La Palma Anaheim, Ca. 92807 REQUEST/ZONING/LOCATION: To consider revised plans in connection with a planned unit industrial service center, including sales and service of new and used Mercedes-Benz automobiles only, on ML zoned property consisting of approximately 5.1 acres of land located on the northeast corner of La Palma Avenue and Brasher Street (Portion A), and 1.1 acres of land located on the northwest corner of La Palma Avenue and Brasher Street (Portion B). 598 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 15, 1986, 10:00 A.M. HEARING SET ON: Request by Attorney for the applicant, Farano & Kieviet. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin July 4, 1986. Posting of property July 3, 1986. Mailing to property owners within 300 feet - July 3, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated July 19, 1986 from the Community Development and Planning Department, Zoning Division, recommending denial of revised plans. APPLICANT'S STATEMENT: Floyd Farano, Farano & Kleviet, attorney for the applicant, 100 South Anaheim Boulevard. He is present to discuss the possibility of considering the amended plans that have been submitted to the Council as being in substantial compliance with the Exhibits submitted with the original CUP one and one-half years ago. Because of the success and the attractive nature of the existing facility, the owners feel it would be appropriate and more complimentary to the City if they were to design the used car facility that is intended for the west side of Brasher Street as identical to the existing building. The proposed building will be 3,372 square feet but the design, appearance and material will be identical to the new car showroom on the east side of the street. The proposed building is 43 percent smaller and the setbacks have been increased on La Palma from 69 feet to 90 feet and on the other side from 14 feet to 16 feet. The staff report indicates 14 feet to 16 feet of landscaping to be 14 percent less; it is actually 14 percent more. On Brasher Street it is 44 feet or 100 percent more. The staff report indicates the 5-foot landscape is 77 percent less. Since there is no Code on that, they do not interpret that as any kind of violation. In addition, they have increased the storage display area from 9,568 to 13,640 square feet or 43 percent larger. They are ~roposing to remove the roof that was supposed to cover the storage area in the original plan and change the solid block wall on the east side to a 2 and a 1/2 foot berm. They have proposed a 2 and a 1/2 foot berm on Brasher Street with the 7-foot 6 inch masonry pilasters and steel picket fence similar to what is on the property at this time on the east side of the street. The reason for the revisions is for appearance. This will be a used car facility for Mercedes Benz only. At present, Caliber Motors sells approximately 8 cars a month. With the proposed addition, they project an immediate increase to 25 and within six months 50 used Mercedes Benz averaging $30,000 per vehicle or an additional $1,500,000 per month in sales. The property in the rear of the building will be to display used Mercedes Benz. The 13,640 square feet will allow the business to have on its lot, for proper display and appearance, 599 City Hall~ Amaheim~ California - COUNCIL MINUTES - July 15~ 1986~ 10:00 A.M. approximately 75 cars. Mr. Farano, working from the posted plan, showed the proposed changes and additions compared to the original plan. In concluding, his client feels that the revised plans are a substantial upgrade and requests that the Council make a finding that the plans are in substantial conformance with the plans originally submitted under Conditional Use Permit No. 2377. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Pickler, the City Council approved the negative declsration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. She asked for clarification of three points. Revision 1 Exhibit 13 uses the term display for the parking lot in front of the building. She assumes that there are to be no displayed vehicles in front of the building. Mr. Farano had stated that they were not going to be displayed in front of the building but the drawing uses that term. She also wanted to be certain that there was only to be a chain link fence along the westerly boundary of the storage area. The drawing also showed a trash enclosure which does not meet City standards which has been X'd out and there will have to be one designed to City standards. Floyd Farano. There will be customer parking in front of the building only. Relative to the trash enclosure, they will meet City standards. Councilman Pickler. He confirmed there was only to be a chain link fence along the westerly boundary of the storage area. MOTION: Councilman Bay moved to approve the revised plans submitted in connection with Conditional Use Permit No. 2377 as being in substantial conformance with the original plans. Councilman Roth seconded the motion. Councilwoman Kaywood abstained. MOTION CARRIED. 600 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 15~ 1986~ 10:00 A.M. Councilman Bay offered Resolution No. 86R-337, amending Resolution No. 82R-498, Condition No. 7 and approving Revision No. 1 of Exhibit No. 13 and that no cars shall be displayed anywhere on the parcel west of Brasher Street except within the fenced area to the rear of the proposed building. Refer to Resolution Book. RESOLUTION NO. 86R-337: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CONDITION NO. ? OF RESOLUTION NO. 82R-498 WHICH GRANTED CONDITIONAL USE PERMIT NO. 23??. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Resolution No. 86R-337 duly passed and adopted. ADJOURNMENT: Councilman Roth moved to adjourn. the motion. MOTION CARRIED. (8:04 p.m.) Councilwoman Eaywood seconded LEONORAN. SOHL, CITY CLERK 601