Loading...
1984/02/07City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. P RE SENT: ABSENT: P RE SENT: COUNCIL MEMBERS: None COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth DEPUTY CITY CLERK: Ann M. Sauvageau The Deputy City Clerk called the regular meeting of the City Council to order at 10:00 a.m., and adjourned same to 1:30 p.m., due to lack of a quorum. (10:01 a.m.)~ PRE SENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Taiiey CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti FIRE INSPECTOR: Gall McCloud COUNCIL MEETING RECONVENED: Mayor Roth called the regular meeting of the City Council to order at 1:55 p.m. and welcomed those in attendance. INVOCATION: The. Reverend Don Dexter, First Presbyterian Church, gave the Invocation. FLAG SALUTE: Council Member E. Llewellyn Overholt, Jr., led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: Youth Leadership Month in Anaheim, February 1984. Government Expo Days, February 25 and 26, i984. Mr. Samuel Eiferman, Toastmasters International, accepted the Youth Leadership Month proclamation. 176: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 81-82-5 AND CONDITIONAL USE PERMIT NO. 2259 AND NEGATIVE DECLARATION: Application submitted by American National Properties, Inc., (Orangewood Acres Mobilehome Park), for a change in zone from RS-A-43,000 to C-R, to permit conversion o£ an existing mobilehome park and construction of a five-story office building on property located at 2111 South Manchester Avenue. The City Planning Commission disapproved a negative declaration status on November 16, 1981, and subsequently denied Reclassification No. 81-82-5 and Conditional Use Permit No. 2259. The decision of the Planning Commission was appealed by the applicant and public hearing scheduled and continued from the meetings of November 22, 1983 and January 10, 1984, to this date. 119 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. City Clerk Linda Roberts announced that a request for continuance to February 21, 1984, was received from the applicant in a letter dated February 3, 1984. The Mayor asked if any residents of the subject mobile home park were present; ~o one was present. Council discussion followed relative to the applicant's request for a two-week continuance wherein it was noted that six public hearings were already scheduled for that date. In finality, it was determined that the public hearing be continued to Tuesday, March 13, 1984, 1:30 p.m. Mr. Phil Schwartz, representing American National Properties, stated that would be acceptable. MOTION: Councilman Roth moved to continue the public hearing on Reclassification No. 81-82-5, Conditional Use Permit No. 2259 and negative declaration therefor, to Tuesday, March 13, 1984, at 1:30 p.m. Councilman Pickier seconded the motion. MOTION CARRIED. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2506 AND NEGATIVE DECLARATION: Application submitted by Jean K. Fogarty, to permit a temporary trailer for a fish market on CL zoned property located at 2840 East Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC83-2i5, 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 ~hat the project will have a significant effect on the environment, and further, granted Conditional Use Permit No. 2506, subject to the following conditions: 1. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 3. That a 6-foot high masonry block wall as measured from the highest finished grade of subject property, shall be constructed on the southerly property line for a minimum distance of approximately i35 feet or more adjacent to Lot Nos. 34 and 35 in Tract No. 4152. 4. That the use is granted for a period of two (2) years to expire on November 14, 1985. 120 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that skirting shall be provided around the bottom of the temporary trailer to provide a sound barrier and that any necessary openings required for venting shall face north towards Lincoln Avenue. 6. That prior to final building and zoning inspections, Condition Nos. 2, 3 and 5, above-mentioned, shall be complied with. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of December 6, 1983, and a public hearing scheduled and continued from the meeting of January 10, 1984, and January 24, 1984, to this date (see minutes those dates). At the January 10, 1984 meeting, the public testimony portion of the public hearing was closed after receiving testimony from those present to speak on the matter. City Clerk Roberts announced that a letter dated February 6, 1984, had been received from the applicant requesting withdrawal of the application for the Conditional Use Permit. Mayor Roth stated that Mrs. Fogarty had also called him and explained that after she discussed the situation with those who were to own and operate the proposed business, it was decided that the request be withdrawn relative to a temporary arrangement, and if they proceeded, it would be with a permanent building. They would, therefore, have to start the process all over again. MOTION: Councilman Roth moved to accept the withdrawal of the petition for Conditional Use Permit No. 2506 and negative declaration therefor, as requested by the applicant. Councilman Overholt~ seconded the motion. MOTION CARRIED. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2516 AND NEGATIVE DECLARATION: Application submitted by General Electrical Company, (General Electric), to permit the accessory indoor storage of polychlorinated biphenyl (PCB) in an existing industrial building on M L zoned property located at 3601 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC83-230, 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 and, further, granted Conditional Use Permit No. 2516, subject to the following conditions: 1. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 121 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. 2. That sidewalks shall be installed along La Palma Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That subject property owner shall obtain a Hazardous Waste Facilities Permit, as required by the State of California Department of Health Services; Permits, Surveillance and Enforcement Section; Hazardous Waste Management. 4. That regular inspections shall be conducted by the County of Orange Health Care Agency-Waste Management Section (by agreement with the State of California Department of Health Services). 5. That subject property owner shall comply with ail applicable Federal regulations, including but not limited to the following as specified in 40 CFR 761.42 pertaining to storage for disposal: (a) An adequate roof and walls to prevent rain water from reaching the stored PCBs and PCB items; (b) An adequate floor which has continuous curbing with a minimum height of six inches. The floor and curbing must provide a containment volume equal to at least two times the interval volume of the largest PCB Article or PCB Container stored therein or 25 percent of the total internal volume of ail PCB Articles or PCB Containers stored therein, whichever is greater; (c) No drain valves, floor drains, expansion joints, sewer lines, or other openings that would permit liquids to flow from the curbed area; (d) Floors and curbing constructed of continuous smooth and impervious materials, such as Portland cement concrete or steel, to prevent or minimize penetration of PCBs; and (e) Not to be located at a site that is below the lO0-year flood water elevation. Ail PCB containers in storage will be checked for leaks at least once every 30 days per Federal regulations. 6. That subject property owner comply with the following provisions specified in Section 80.107b of the Uniform Fire Code: (a) Highly toxic materials shall be segregated from other chemicals and combustible and flammable substances by storage in a room or compartment separated from other areas by a two-hour occupancy separation constructed as specified in the Building Code. The storage room shall be provided with adequate drainage facilities and natural or mechanical ventilation to the outside atmosphere constructed as specified in the Mechanical Code. (b) Legible warning signs and placards stating the nature and location of the highly toxic materials shall be posted at all entrances to areas where such materials are stored or used. 122 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. 7. That the property owner shall comply with the following specifications, as required by the Anaheim Fire Department: (a) The two (2) required exit doors shall be two hour doors, shall swing in the direction of travel exiting from the room and shall be equipped with self closing devices. (b) The area shall be provided with dikes which shall be calculated to provide 25% containment of the maximum number of drums (seventy 55-gallon drums) that may be stored within the diked area. (c) An impervious surface must be provided for the floor area and the walls up to the required level of containment. (d) The sprinkler system shall be separated from the sprinkler system protecting the remainder of the building; provided with a separate control valve for the PCB storage area. Heads on the PCB storage area shall be changed to a higher temperature head to prevent inadvertent discharge of water onto the area. (e) Provide NFPA 704 signing for all entrances into the building and entrances to the PCB storage area. (f) Provide sorbent materials at the site to facilitate clean up of any spills. (g) Apply for and receive a permit from the Anaheim Fire Department for storage of hazardous chemicals. (h) Provide adequate ventilation as required by the Mechanical Code. (i) Class I, Division I electrical wiring is required within the storage area. (j) The separation walls between the PCB storage area and the remaining areas in the building shall be two hour separation walls. 8. That transportation of all PCB materials to and from the facility shall be performed by waste haulers who have been registered by the California Department of Health Services. Containers used for storage of the PCB shall comply with shipping container specifications of the Department of Transportation. 9. That all personnel working in the storage area shall be trained in the handling, storage and recordkeeping of PCB items and that appropriate protective safety equipment shall be provided to anyone working in the PCB storage area. 10. That ail loading and unloading of the drums containing PCB material be done on a concrete pad that is surrounded by a minimum 6-inch high curbing. 123 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. 11. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. i2. That Condition No. 1, above-mentioned, shall be completed within a period of 90 days from the date of this resolution. 13. That prior to final building, zoning and fire inspections, Condition Nos. 2, 3, 5, 6, 7, 10 and 11, above-mentioned, shall be complied with. 14. That the use is granted for a period of two (2) years, subject to review at the end of one (1) year in order for staff (Planning and Fire Departments) to review the situation and determine whether or not the-petitioner is complying with ail applicable federal, state, county and city regulations regarding the storage of hazardous materials; and that said permit shall expire on December 12, 1985, at which time another conditional use permit may be sought. A review of the Planning Commission's decision was requested by Councilman Bay at the meeting of January 3, 1984, and a public hearing scheduled this date. The Mayor asked if Councilman Bay had seen the reports that he believed were necessary; Councilman Bay answered "no." He was hoping that the Orange County Environmental Protection Agency would have made soils tests by now, but he did not believe that had occurred. Annika Santalahti, Assistant Director for Zoning, explained that they contacted both the individual who made the phone call regarding the misuse of the PCB on the site and were unable to get any written information as to what he alleged happened. Last week, they contacted the County of Orange Health Care Agency and asked if they could be present today, but they had not yet contracted with the State regarding work on the site. Staff then contacted the State to see if they could be present. They were unable to do so, but would probably be able to come to a future meeting if the Council decided to continue ~he item. She confirmed they had no further information whatsoever as to what Mr. Van Heusen alleged. Mayor Roth asked if a representative was present from General Electric. Mr. Paul Sc~atz, General Electric Company, Walnut Creek, stated he had nothing more to add except that they had gone through a great number of meetings with staff, the State, County and Hazardous Waste people, as well as with the Planning Commission over a period of many weeks. Councilman Bay stated he was not sure he wanted to continue the matter, since the gentleman who made the allegations had not come forward and he (Bay) was concerned about the allegations. His concerns primarily were assurances to the City that the control of the substance, as long as it was in the City, was completely controlled. 124 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. Mr. Schatz stated he understood and it was a technical and extensive problem. The Environmental Protection Agency (EPA) had been required by Congress through their Toxic Substance Control Act to regulate and control PCB's (Federal Regulation 40CFR761). The State had adopted that same regulations and enhanced upon it to control hazardous waste substances under their Health and Safety Administrative Code. As part of the State's requirement, they asked that an-0perationai plan be submitted. That plan was just finished. It was an extensive review and guaranteed that before the operation began, that they (GE) had met each and every requirement in terms of storage, etc. It was a very extensive document and they could be assured that the people who had to control and regulate the matter had it well in hand. There were severe civil and criminal penalties if the regulations were not met. Councilman Bay stated he understood then that the enforcement was by the State and not by the City; Miss Santalahti stated that was her understanding. The Anaheim Fire Department was also involved and they would be conducting regular inspections to verify that ongoing standards would be satisfied. Councilman Bay stated if that were true, he would be willing to go on with the public hearing today, but would want assurances from the Council that it was the majority view that they could proceed with the information that appeared to be available today. He wanted to know if there was any opposition by Council Members. Mayor Roth stated he did not see any reason to continue the matter and that they could proceed today. He asked to hear from a representative of the Fire Department. Gaii McCioud, Deputy Fire Marshal, explained that they were requested some time back to take a look at the storage area. They subsequently made some recommendations in line with the Federal Register as to what needed to be done, and those recommendations were being carried out by General Electric. They made an onsite inspection on October 25, 1983, and submitted approximately ten requirements with which GE had to comply, and at this time they were doing so. Mayor Roth asked if he was satisfied that it was safe; Mr. McCloud answered "yes." In answer to questions posed by Councilman Pickier, Mr. McCloud stated it was part of their job to inspect ail occupancies and this would be a hazardous occupancy requiring inspection two to four times a year. Councilman Pickier, noting that such inspections would be a cost to the City, asked if they should then be compensated for the continuous inspections that had to be provided. City Manager William Taliey answered the general subject was one they had been looking at for some time. It was their opinion that any City inspections that had to be rendered should be reimbursed by the recipient of that inspection. They were not providing general public safety services, but they were assuring that the "customer" was protecting the public in the way the law provided. If they were providing inspection services, the City should be reimbursed, not just for that area, but as a general operational responsibility. 125 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. Mayor Roth asked if he felt they should isolate this particular case and spend time now on the issue. Mr. Tailey answered his recommendation would be that the Council consider the matter as a policy item, i.e., the general subject of Fire Department inspections as opposed to making the subject a unique example. Councilwoman Kaywood noted in reading some of the conditions in Resolution No. PC83-230, particularly 5(c) and 6(a), Pages 3 and 4, there seemed to be a conflict in that 5(c) stated that there be no drain valves or other openings that would permit liquids to flow from the curbed area and 6(a) stated that the storage room shall be provided with adequate drainage facilities, etc. She wanted to know if one stipulated no drain valves and the other had to have adequate drainage, how they could have both. Mr. Schatz stated that the Federal Register and Federal Regulations required that there be no drains. He read the conditions and noted the conflict, but he could not respond; however, he felt that the Federal requirement was inviolable. Councilman Bay stated that the drainage should not be into the City sewer system, and if they had drainage, that it would be contained or separate from the normal public drainage. He was wondering if they needed more time to review the whole CUP from the standpoint that ail technical requirements on the Federal, State and City levels were going to be met. He wanted assurances from staff that was the understanding relative to all the conditions. Miss Santaiahti stated that before a permit for storage of chemicals could be issued, they were going to have to meet all regulations. She was aware that the Fire Department had been looking into the matter, which was a new proposal for Anaheim. Staff was satisfied that everything could be satisfied technicallY. Councilwoman Kaywood then questioned staff relative to spills and the kind of disposal containers that would be used for those contaminated materials; Mr. McCloud stated if there was a spill, it would have to be handled by a specialized company dealing in hazardous materials, and further confirmed it would be taken from the site in sealed containers and disposed of accordingly. Mayor Roth asked if anyone wished to speak, either in favor or in opposition; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Overholt, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. 126 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. Councilman Bay offered Resolution No. 84R-50 for adoption, granting Conditional Use Permit No. 2516, subject to all conditions of the City Planning Commission, which conditions included the granting of the permit for a two-year period, subject to review at the end of one year. Refer to Resolution Book. RESOLUTION NO. 84R-50: A RESOLUTION OF THE CITY COUgCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2516. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution No. 84R-50 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2522 AND NEGATIVE DECLARATION: Application by Mahmoud R. E. L. Kanawey, to permit a convenience market with off-sale beer and wine and gasoline sales on ML zoned property located at 1175 No. East Street. The City Planning Commission, pursuant to Resolution No. PC83-248, 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, and further, denied Conditional Use Permit No. 2522. The decision of the Planning Commission was appealed by Talat Radwan, appellant, and a public hearing scheduled this date. City Clerk Roberts announced that a letter dated February 6, 1984, had been received from Mr. Radwan requesting a 30- to 45-day continuance of the hearing. Mayor Roth asked if anyone was present on the item; no one was present. Councilman Pickier moved to continue the public hearing on Conditional Use Permit No. 2522 and negative declaration therefor, to March 27, 1984, at 1:30 p.m. Councilman Roth seconded the motion. MOTION CARRIED. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held January 10 and January 17, 1984. Councilman Bay seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the 127 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Pickier seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,336,041.35, in accordance with the 1983-84 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickier offered Resolution Nos. 84R-51 through 84R-54, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickier offered Ordinance No. 4478 for first reading. 1. li8: The' following claims were filed against the City and action taken as recommended: A. The following claims were rejected and referred to Risk Management: 1. Claim submitted by Bobby Scott, by and through his Guardian Ad Litem Robert D. Scott; Robert D. Scott and Janet L. Scott, for indemnity based on Orange County Superior Court Case No. 41-31-84, Shad vs Anaheim City Elementary School District, filed on or about October 27, 1983, for injuries purportedly sustained by Justin Shad arising out of an incident which occurred at Benita Juarez Elementary School, on or about May 22, 1983. 2. Claim submitted by Gladys M. San Souci for personal injuries purportedly sustained due to a slip-and-fail accident caused by oil buildup in the street on the south corner of Euclid and Katella, on or about December 13, 1983. 3. Claim submitted by Wilbur C. White for personal property damages to refrigerator compressor purportedly sustained due to electrical brownout at 2227 Viking Avenue, on or about December 18-19, 1983. 4. Claim submitted by Larry Ramirez for personal property and personal injury damages purportedly sustained due to a City truck striking claimant's automobile on Tustin Avenue, 200 feet north of the 91 Freeway, on or about November 14, 1983. 5. Claim submitted by Dennis G. Armstrong for personal property damages to automobile purportedly sustained due to a City vehicle backing into his car at 2205 West Broadway, on or about November 14, 1983. B. Claims rejected and referred to Governmental Programs Division, Markel Services, Inc.: 6. Claim submitted by O. Pearl Williams for personal property loss purportedly sustained due to actions of Anaheim Police Officers at 200 East Lincoln Avenue, on or about December 14, 1983. 128 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. 7. Claim submitted by Pete~ Davi~ Eberle for unlawful detention, arrest, jail, false imprisonment, assault, battery, violation of civil rights and unlawful prosecution by Anaheim City Attorney's office purportedly sustained due to actions of Anaheim Police Officers at Anaheim Stadium, on or about October 23 and 24, 1983. 8. Claim submitted by Marlene Eberle for unlawful detainment, arrest, jail, false imprisonment, assault, battery, violation of civil rights and unlawful prosecution by Anaheim City Attorney's office purportedly sustained due to actions of Anaheim Police Officers at Anaheim Stadium, on or about October 23 and 24, 1983. 2. The following correspondence was ordered received and filed: a. 105: Parks, Recreation and Community Services--Minutes of December 14 and October 26, 1983. 3. 108: The following applications were approved in accordance with the recommendations of the Chief of Police: a. Public Dance Permit, Elaine A. Arana, E1 Torito, 2020 East Bail Road, February 14, 1984, 9:00 p.m. to 2:00 a.m. b. Public Dance Permit, Thai Q. Nguyen, Vietnamese Community, Anaheim Convention Center, 800 West Katella Avenue, February 11, 1984, 8:30 p.m. to 1:00 a.m. 4. 128: Receiving and filing the Monthly Financial Analysis for the five-month period ended November 30, 1983. 5. 123: Authorizing a second amendment to the agreement with Safety Striping Service, Inc., for street and pavement stripings and marking services, increasing the contract by $4,570, bringing the original contract amount to $156,100. 6. 123: Authorizing an agreement with David Rudat for lease of 3.60 acres of City-owned property located at ~he east side of Brookhurst Street, north of Crestwood Avenue, for a term commencing March 1, 1984 and ending March 1, 1989, with first annual payment of $2,500 due March 1, 1988. 7. 123: Authorizing an amended agreement with Nathan Rubaloff, dba Nate's Palms, for lease of 3 acres of City-owned property located on the west side of Ninth Street, north of Laster Avenue, for container plant growing purposes, for a term commencing July 1, i983 and ending July 1, 1989, with the first annual payment of $1,632 due July 1, 1986. 8. 175: RESOLUTION NO. 84R-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC COMVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: CONSTRUCTION OF WATER MAINS IN WEST STREET, CONVENTION WAY, AND THE PHASE I OF 129 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. THE REPLACEMENT OF PRESSURE REGULATING STATION NO. 21 AT WEST STREET AND KATELLA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 54-605-6329-17440-34370, 54-605-6329-17450-34370 AND 54-611-6329-17460-34370. (Bids to be opened March 8, 1984, 2:00 p.m.) 9. 175: RESOLUTION NO. 84R-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC I}{PROVEMENT, TO WIT: CONSTRUCTION OF WATER MAINS IN BROOKHURST STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 54-605-6329-17400-34350. (Bids to be opened March 8, 1984, 2:00 p.m.) 10. 158: RESOLUTION NO. 84R-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Ibis/Anaheim, Ltd.; L. C. Smull; L. C. Smull) 11. 149: ORDINANCE NO. 4478: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SUBSECTION 14.32.190.340 AND ADDING SUBSECTIONS 14.32.190.255 AND 14.32.190.263 TO THE ANAHEIM MUNICIPAL CODE PERTAINING TO PARKING. (no parking at any time restrictions on portions of Claudina Street, Old Lincoln Avenue, and Philadelphia Street) 12. 156: RESOLUTION NO. 84R-54: A RESOLUTION OF THE CITY OF ANAHEIM AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF UNCLAIMED PROPERTY ON FEBRUARY 18, 1984. (9:00 a.m., and in the event of inclement weather, conduct said auction on February 25, 1984) Directing the City Clerk to publish a legal notice of said auction and of the City's intent to transfer certain unclaimed property to the Purchasing Division for City Use. 13. 123: Increasing the maximum compensation payable under a letter agreement with Osborne Laboratories, Inc., to $19,000 for the Center Street Parking Structure, Testing and Inspection Services, Account No. 82-362-6340, and authorizing the Acting City Engineer to execute a letter amendment. 14. 169: Authorizing Change Order No. 2 to the contract with Hi-Sodium Conversion Company in the amount of $141,840, for additional work under the Street Lighting Conversion Project, Account No. 01-677-6329-1217D-37300, bringing the original contract price to $1,280,708.03. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 84R-51 through 84R-54, both inclusive, duly passed and adopted. 130 City Hall, Anaheim, California ~ COUNCIL MINUTES - February 7, 1984, 10:00 A.M. Before concluding, Mr. Talley requested a Closed Session to discuss " ~ litigation, labor relations and personnel matters with action contemplated by the Council. He was informed that a Mr. Clyde Lowe wished to address the Council today on Agency Shop. He was advising the Council, if they would like to hear from Mr. Lowe today, that would be fine, but they would not be asking the Council to adopt that Memorandum of Understanding today. The Mayor acknowledged Mr. Lowe, who was present in the Chambers audience, and asked if he wanted to speak now or next week when the item would be considered; from the audience Mr. Lowe answered that he would do so next week. Mr. Talley recommended that Mr. Lowe contact the Human Resources Director, Garry McRae, who could keep him advised of what action and approximately what time the Memorandum of Understanding would be voted on by the Council. At present, it was their expectation they would be presenting it to the Council next Tuesday'morning, but he could not promise that today. 105: RESIGNATION FROM THE COMMUNITY REDEVELOPMENT COMMISSION: Councilman Roth referred to a letter dated January 31, 1984, from Mr. Herb Leo, resigning from the Community Redevelopment Commission. He thereupon moved that the resignation for the term ending June 30, 1986, be accepted with deep regret and that a letter signed by all Council Members be sent to Mr. Leo, thanking him for his dedicated, long-standing and excellent service on that Commission. Councilman Pickler seconded the motion. MOTION CARRIED. PUBLIC REQUEST - CONSENT CALENDAR - CONDITIONAL USE PERMIT NO. 236 - TERMINATION: Submitted by Tritech Associates, Inc., requesting termination of Conditional Use Permit No. 236, to establish a service station on property located at the southwest corner of Lincoln Avenue and Rio Vista Street. Councilwoman Kaywood offered Resolution No. 84R-55 for adoption, terminating Conditional Use Permit No. 236, in accordance with the recommendation of the Zoning Division. Refer to Resolution Book. RESOLUTION NO. 84R-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 236 AND DECLARING RESOLUTION NO. 62R-687 NULL AND VOID. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL M~MBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution No. 84R-55 duly passed and adopted. 170: TENTATIVE TRACT NO. 11425 - EXTENSION OF TIME: Submitted by Tait and Associates, Inc., requesting an extension of time to Tentative Tract No. 11425, to establish a 4-lot, 169-unit condominium subdivision on approximately 9.6 acres, bounded on the north by Broadway, the east by the Library and Police Department, the south by Santa Ana Street, and the west by Citron Street. 131 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. The City Planning Commission, at their meeting held January 23, 1984, approved an extension of time to Tentative Tract No. 11425, to expire March 22, 1985. The foregoing item was submitted by the Planning Commission for informational purposes, and no action was taken by the City Council. i08: ORDINANCE NO. 4477: Councilman Roth offered Ordinance No. 4477 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4477: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING SECTION 4.i8.045 TO THE ANAHEIM MUNICIPAL CODE PERTAINING TO AMUSEMENT ~ND ENTERTAINMENT PREMISES - RESTAURANTS. Roll Caii Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth None None The Mayor declared Ordinance No. 4477 duly passed and adopted. 179: ORDINANCE NOS. 4479 THROUGH 4481: Councilman Roth offered Ordinance Nos. 4479 through 4481, both inclusive, for first reading. ORDINANCE NO. 4479: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-34, RM-1200, 2752 West Ball Road) ORDINANCE NO. 4480: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-47(32), ML, 4451-4477 East La Palma Avenue) ORDINANCE NO. 4481: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-45, RM-1200, west side of Western Avenue, north of Bail Road) 144: COMMENTS ON SITE FOR COUNTY JAIL AND LANDFILL FACILITY - MEETING BEFORE THE BOARD OF SUPERVISORS FEBRUARY 7, 1984, AT 9:30 A.M.: Councilman Overholt complimented staff, the Mayor and ali Council Members for their 1OO percent effort in trying to make the Board of Supervisors understand that what made the County go was people and homeowners. As one Council Member, he was offended at the meeting before the Board when two Supervisors essentially personally attacked the Mayor and through him, the Council. As well, they were oblivious to the interests, needs and concerns of the approximate 300 homeowners in attendance from Anaheim Hills who were concerned about maintaining their environment and the quality of their community. He also commended Tallas Margrave, president of the Anaheim Hills Homeowners Association, for his efforts on behalf of the Association, and encouraged him to keep up the fight, as would the Council. They had to continue trying to get the ear of the Supervisors to give consideration to what the City 132 City Hall, Anaheim, California - COUNCIL MINUTES - February 7, 1984, 10:00 A.M. conceived to be its Scenic Corridor, the Anaheim Hills hill and canyon area. His personal opinion was that if they allowed the matter to proceed to what appeared to be its ultimate conclusion, it would be the greatest travesty of justice on the people who invested their earnings and savings in property in the eastern end of the City. He commended Supervisor Ralph Clark who, in his comments, acknowledged the fact that they needed jail and dump sites, but not to say that other areas were off-bounds while considering two areas both in Anaheim's Sphere of Influence. It was not good government and good politics and he did not think it was a democracy, but an insult to the people living in that area. Mayor Roth stated his comments were also going to be thanking his colleagues and staff for standing behind him, realizing the gravity of the issue. (He had earlier commented on the events they had taken place at the meeting of the Board of Supervisors where the Council, staff and many residents had protested the possibility of a jail and a landfill facility in Anaheim's Sphere of Influence in Gypsum and Coal Canyons.) Councilwoman Kaywood and Councilman Bay also gave their input and reactions relative to the behavior of the majority of the Board at the morning meeting. REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to discuss litigation and potential litigation with no action anticipated. (The City Manager had earlier requested a Closed Session.) Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (2:45 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (6:30 p.m.) 175.123/112: ADDITIONAL LEGAL COUNSEL - FERC DOCKET ER 79-150: Councilman Roth moved to employ the law firm of Duncan, Weinberg and Miller as additional legal counsel in FERC Docket ER 79-150, as recommended in memorandum dated January 31, 1984, from the Public Utilities General Manager, Gordon Hoyt. Councilman Overhoit seconded the motion. MOTION CARRIED. 153: ESTABLISHING RATES OF COMPENSATION FOR CERTAIN JOB CLASSES: Councilman Roth offered Resolution Nos. 84R-56 through 84R-58, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 84R-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .ANAHEIM AMENDING RESOLUTION NOS 82R-577, 81R-82, AND SUPERSEDING THOSE PORTIONS OF RESOLUTION 81R-151 AS THEY APPLIED TO EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE UTILITIES EMPLOYEES UNIT. (effective October 7, 1983) RESOLUTION NO. 84R-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CONFIDENTIAL JOB CLASSES AND SUPERSEDING RESOLUTION NO. 82R-505 AND AMENDMENTS THERETO. (effective October 7, 1983) 133 City Hall, Anaheim, California- COUNCIL MINUTES- February 7, 1984, 10:00 A.M. Roil Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth None None The Mayor declared Resolution No. 84R-58 duly passed and adopted. RESOLUTION NO. 84R-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS WITH FULL-TIME EQUIVALENTS, AND SUPERSEDING RESOLUTION NO. 83R-267 ~ND ~MENDMENTS THERETO AS TO CERTAIN JOB CLASSIFICATIONS ONLY. (Effective October 7, i983) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth Bay None The Mayor declared Resolution Nos. 84R-56 and 84R-57 duly passed and adopted. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Overholt seconded the motion. MOTION CARRIED. (6:33 p.m.) LINDA D. ROBERTS, CITY CLERK 134