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1977/10/11 77-]1~7 City Hall~ Anaheim~ California- COUNCIL MINUTES- October 1]~ 1977, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR FOR ZONING: AnnJka Santalahti Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. FLAG SALUTE: Councilman William Kott led the assembly in the Pledge of Allegiance to the Flag. PRESENTATION - ANAHEIM HISTORICAL SOCIETY: Mrs. D~ann Marsh of the Anaheim Historical Society briefed the Council on the purpose, goals a~d future objectives of the society which had been in existence since January 1977, starting with 12 and now consisting of 63 members. She then presented each Council Member with a copy of the Society's first publication containing sketches of historic-al City landmarks, as well as copies of the Directory listing future meetings, officers and present membership. PROCLAMATION: The following proclamation was issued by Mayor Thom and unanimously approved by the City Council: "Newspaper Carrier Day in Anaheim" - October 15, 1977 MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Roth, minutes of the Anaheim City Council regular meeting held September 13, 1977, were approved with noted typographical corrections. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all CounciI Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilman Roth seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,431,679.97, in accordance with the 1977-78 Budget, were approved. 167: PEDESTRIAN TRAFFIC SAFETY - INTERSECTION OF LAKEVIEW AVENUE AND MC KINNON DRIVE/RIVERDALE AVENUE: Traffic Engineer Paul Singer briefed the Council on his report dated October 5, 1977, relative to pedestrian traffic safety at the subject intersection, wherein it was recommended that the Council approve and authorize mitigating measures to facilitate safe pedestrian traffic movement. Mr. Singer elaborated on the discussion in his report by the use of a map of the site. Councilman Seymour was supportive of the recommendations contained in the October 5, 1977 report and noted that the next meeting of the Traffic Safety Committee was scheduled for October 20, 1977 to consider whether or not the recommendations wo~d be permanent. Councilman Seymour thereupon requested that the residents of the 77-1118 City Hal.l~ Anaheim, California - COUNCIL MINUTES - October 11~ 1977, 1:30 P.M. area be invited to that meeting to insure they understood the interim action of the Council and, as well, to receive their input relative to a permanent resolu- tion to the problem. Mr. Singer stated that letters would be sent inviting the public to attend the meeting. On motion by Councilman Kott, seconded by Councilman Thom, recommendations of the Traffic Engineer, as outlined in memorandum dated October 5, 1977, from the CLty Engineer, were approved. MOTION CARRIED. 170: REIMBURSEMENT COSTS FOR SPECIAL FACILITIES - TRACT NO. 9933: (Texaco-Anaheim Hills, Developer) Councilwoman Kaywood offered Resolution No. 77R-666 for adoption, authorizing an agreement with Anaheim Savings and Loan Association for reimbursement of an advance towards special facilities to serve Tract No. 9933, as recommended in memorandum dated October 4, 1977, from the Utilities Director. Refer to Resolution Book. RESOLUTION NO. 77R-666: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND ANAHEIM SAVINGS AND LOAN ASSOCIATION RE REIMBURSEMENT OF COSTS FOR SPECIAL WATER FACILITIES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. (Tract 9933) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-666 duly passed and adopted. 112: INTERNATIONAL BUSINESS MACHINES CORPORATION VS. COUNTY OF ORANGE~ CITY OF ANAHEIM, ET AL.: On motion by Councilwoman Kaywood, seconded by Councilman Kott, the Orange County Counsel was authorized to defend the City in International Business Machines Corporation vs. County of Orange, City of Anaheim, et al, relative to a refund of taxes which have been paid under protest by IBM, as recommended in memorandum dated October 3, 1977, from the City Attorney's Office. MOTION CARRIED. 111: ANAHEIM HALLOWEEN FESTIVAL ASSOCIATION - WAIVER OF FEE FOR CARNIVAL, GAME AND FOOD BOOTHS AT PEARSON PARK: Relative to a letter dated October 4, 1977, from D. R. Narup, Financial Advisor of the Anaheim Halloween Festival Association, re- questing waiver of the subject fees, City Attorney Hopkins stated that since charitable, non-profit organizations were involved, their status exempted them from payment of business license fees. He, therefore, recommended that the waiver be granted for the game and food booths operated by those organizations at Pearson Park in conjunction with the Annual Halloween Festival Carnival. He commented that the Halloween Parade itself had a special co-chapter relating to the selling of food along the Halloween parade route. On motion by Councilwoman Kaywood, seconded by Councilman Roth, the business license fees for the charitable non-profit organizations operating game and food booths at Pearson Park in conjunction with the Halloween Festival carnival were waived, as requested by the Anaheim Halloween Festival Association. MOTION CARRIED. 77-ll~9 Hall, Anaheim, Cali~rnia - COUNCIL MINUTES - Octot)er 11, 1977, 1:30 I'.M. 158: PROPOSED AGREEMENT WITH MATLOW-KENNEDY - SAI,j~. O__},'. CITY-OWNED PROPER'i~,', RAMPART STREET AND ORANGEWOOD AVENUE: City Manager Talley requested time to mak(~ ~, brief report regarding the City's position in the subject matter, more for the p.bl~c record than any other purpose, since staff recomme~nded that the Council's p~l[cy determination and all discussions relative to th,, prt~posed agreement be held ,mlil the legal notification period had expired on Now~mb~,~ 15, 1977. He then brit.fed the Council on joint report dated October 10, 1~77, ~:-~m the City Attorney :~nd himself and read alot,d the highlights of the propos(~d agreement, Items 1 through 8. In concluding, he recommended that the Council r~-~cei*~e and file the report until November 15, 1977, be£ng mindful, however, that there w~.re people in the Chamber who wished to speak t-o the matter. Mr. Arthur "Red" Patterson, President of the California Angels, referred t~) a map he had of the Stadium parking lot, indicating that 1.~,169 parking spaces w,.,-o available, and the proposed withdrawal of 3.1 acres ~)f that lot would eliminate 369 spaces. Thus, the City would still be with[~i tl~, ir contractual obligati,)n with the Angels to provide 12,000 parking spaces, itc added that he was certa4n the City Attorney would recognize the fact that the contract stated 12,000 parking spaces should be for patrons and there should be additional parking for the press, players, staff, Council. and others thus coming close to exceeding the 12,000 figure. Mr. Patterson concluded that in the interest of coop,~ration by the Angels to assist the City in making as m,~ch money as possible from the Stadium, its environs, ~nd parking area, notwithstanding any provision in the contract between the City Anaheim and Golden West Baseball, dated 8th of August, 1964, the California Angels agree to use of the 3.l-acre of the marked portion of the parking area adjacent to the Orangewood Employees Entrance for building and/or parking; providing, how('ver, that the property will not be used for a restaurant or to sell or disperse any goods or wares now being sold by the Angels or by its conce~;sionaire. Mr. Patterson also confirmed for Councilman Seymour that in view of the foregoing, the Angels would support a proposal similar to that of the Matlow-Kennedy (:,)rpora- tion (M-KC) and there would be no need to provide any additional parking at this time on the Michelle-Wagner property unless there were occasions when would be asked to park on that property during an extraordinary event. Mr. Louis Dexter, 305 North Ranchito, read a brief statement for the record, the thrust of which urged the Council to open the sale of the municipally-owned land to public bidding engendering the forces of market competition. Councilman Seymour, while he agreed with Mr. Dexter's statement, did not c,~ns~der the matter at hand to be such that it could be offer~,d for the highest and [)est bid because of its uniqueness in that (1) the impact of the type of development on the 18.1 acres had to be considered, as well as (2) its economic impact ~)n Anaheim Stadium and parking revenues to be generated by the City. Councilman Roth, noting Item No. 1 in the joint report of October 10, 1977, considered it imperative that by November 15, 1977, the Council know the makeup, corporate officers, financial status and ability of the Intermode Group and Gen Star Pacific C ' orporation. It was his opinion that when corporations became involved in partner- ships, many legal ramifications had to be considered, and it was important to have this information so the Council would be fully apprised of whom they were dealing with when the contract was again discussed. He thereupon directed the City Attorney ~o provide t:his information. 77-1120 ~ity Hall, Anaheim, California - COUNCIL MINUTES - October 11, 1977, 1:30 ~'.M. Mr. Alan Watts, 1055 North Main Street, Orange, Attorney representing the Matlow- Kennedy Corporation, stated that they would certainly be prepared to explain, in detail, the nature of the entities involved in the proposal on November 15, 1977, but took the present opportunity to start that discussion. He explained that the Intermode Group was a development corporation wholly owned by M-KC for several years; Gen Star Pacific was a corporation providing equity capital in the venture and it would be a partnership with the M-KC in the form of Intermode Group. Councilwoman Kaywood and Councilman Roth posed questions relative to the proposal which were answered by Mr. Watts. However, the Mayor cautioned twice that the City Attorney recommended all discussion be withheld until November 15, 1977 and, in the absence of an overruling, ruled the questions and discussions improper until that time. MOTION: Councilman Kott offered a motion that the Council go on record as supporting other interests or offers presented in the 30 days available before any action would be taken, that would not only entertain purchasing the subject property, but also utilize the property in the parking lot area, with a requirement of a $50,000 deposit on the same basis as the Matlow-Kennedy Corporation, including advertising for one week. Councilman Roth seconded the motion. Before a vote was taken, the Mayor stated that advertising, in effect, had been ongoing since 1968 via the media, and, as well, it had been published in a nation- wide reporting service (The Green Sheet) for the benefit of the development and construction industry, thus giving the opportunity to all interested developers to come forth with a proposal. If there was interest, he contended the City would have been deluged with more than one request. Councilman Seymour stated that if legal advertising was being discussed, he did not know what purpose that would serve. As the Mayor explained, the matter had been in the headlines of numerous newspapers, not only over the period of time the City had been in negotiations with M-KC, but also for years before because the Council was willing to listen to any and all proposals on the subject property. The actions of the Council all along were one of openness and willingness to entertain any pro,. posal. It was also his opinion that a lack of honor and integrity would be demon- strated with M-KC who posted $50,000 in good faith, as requested, if the City decided to place the matter on the open market once plans and an agreement had been outlined. He felt it would not then take a great amount of courage and sense for other develop- ers to say they could perform and offer a better return. In answer to Councilwoman Kaywood, City Attorney Hopkins stated that from a legal standpoint, there was no legal requirement for formal advertising, but that would be at the Council's discretion. The Council had made the fact known through newspapers, agendas and previous actions. Councilman Roth reminded the Council that at the outset, he recommended that it be made known the property was available, but the idea was never supported. Since then, he had voted against the M-KC proposal because in his opinion the property was not offered to the public. 77-1121 Hall, Anaheim, (:,'~Jj_fornia - COUNCIL MINUTES._- October 11, 1977, 1:30 P.M. Councilman Seymour emphasized that an exclusive rfght to negotiate agreemen~ was never signed and the orf gf~al motion offered was tantamount to asking M-KC t~ put up their money and the (',ity would hold the money off the market until they (M-KC) informed the City what they intended to do with ft. Councilwoman Kaywood i~d£cated she now had a conce,n relative to the chang~, not knowing exactly who the developer would be. She w,~u~d, therefore, vote in favor of the motion to open bids, noting that if the offer t~ere open to others for 30 day~, the action would fail within the same time frame as the continuance, thus not affecting the Matlow-Kennedy proposal. A vote was taken on the foregoing motion and carried by the vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott and Roth Seymour and Thom None MOTION CARRIED. It was noted that although Mr. David Hook of S,n~et Construction, Inc., reque~sted to make a presentation on the subject matter at tho meeting, he was not present Jn the Chamber. l,ater in the meeting, Councilman Seymour moved that the proposed Matlow-Kenne~iy agreement be continued to November 22, 1977, since he would be absent on November 15, 1.977. Councilman Thom ~;econded the motion. MOTION CARRIED. 108: REQUEST FOR REHEARING - ORDER TO SHOW CAUSE - CAMELOT-ANAHEIM: Submitted by Ira D. Riskin on the Order to Show Cause why a Gaming Premises Permit should not be revoked for the Camelot-Anaheim, 2232 West Sequoia Avenue. (continued from October 4, 1977) City Attorney Hopkins stated that in view of the requirements of due process and the possibility of litigation, he recommended that a rehearing be granted so that Mr. Riskin would have the opportunity to present the evidence referred to in his affidavit which was requested by the City. On motion by Councilman Thom, seconded by Councilman Seymour, request for a rehearing submitted by Ira D. Riskin on the Order to Show Caus~. why a Gaming Premises Permit should not be revoked for the Camelot-Anaheim, 2232 West Sequoia Avenue, was granted and set for November 8, 1977, at 7:00 P.M., in the Council Chamber. MOTION CARRIED. The Mayor clarified l:hat his motion only included the granting of a rehearing and no extension of time to the 30 days given for shut-down, expiring October 27, 1977. 169: AWARD OF CONTRACT - TRAFFIC STRIPE PAINT, PAVEMENT MARKINGS AND DEVICES ON VARIOUS CITY STREETS: (Account No. 12-4309-717-~6-0000) Councilwoman Kaywood offered Resolution No. 77R-667 for adoption, awarding a contract for one year to the low bidder in accordance with the recommendati~ms of the City Engineer. Refer to Resolution Book. 77-1122 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 11~ 1977~ 1:30 P.M. RESOLUTION NO. 77R-667: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: APPLICATION OF TRAFFIC STRIPE PAINT, PAVEMENT MARKINGS, AND DEVICES ON VARIOUS STREETS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-4309-717-16-0000. (Safety Striping Service, $94,925) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-667 duly passed and adopted. 152 & 175: RECOMMENDATION FROM THE PUBLIC UTILITIES BOARD - STREET LIGHTING FRONT-FOOT FEES: Councilman Roth offered Resolution No. 77R-668 for adoption, as recommended in memorandum dated September 21, 1977, from the PUB. Refer to Resolution Book. RESOLUTION NO. 77R-668: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED BY THE CITY IN CONNECTION WITH STREET LIGHTING FACILITIES PURSUANT TO SECTION 18.04.080.030 OF THE ANAHEIM MUNICIPAL CODE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-668 duly passed and adopted. Later in the meeting, Councilman Seymour wanted it clear that the new fees were not to be applied to projects already in process, which was duly noted by staff. 131: PRESENTATION - FREEWAY MESSAGE SIGNS FOR HIGHWAY SAFETY: Mr. A1 Palladino, 13722 South Pioneer Boulevard, Norwalk, stated that he' was present in the interest of highway safety and wanted to apprise the Council that 17 electronic message signs were available for installation in the City's immediate area as outlined in his letters dated July 14 and October 5, 1977 (on file in the City Clerk's Office). In answer to questions posed by Councilwoman Kaywood and Councilman Kott, Traffic Engineer Paul Singer explained that due to the short period of time involved, there was no opportunity to prepare a report for Council review on the matter. He did, however, briefly explain how the system of freeway message signs worked. He continued that the signs were removed from the Santa Monica Freeway because of the time lag experienced in relaying the problem to central control and programming the computer for the visual display. By the time this was done, the problem no longer existed; ~ thus, the signs did not prove to be effective. At present, he had no knowledge as to how the signs could be utilized in Anaheim and he was not aware of any problems as described in Mr. Palladino's communications. 77-I]23 _C.~ty Hall,_ Anaheim, Cai ifornia - COUNCIL MINUTES - October ll, 1977, 1:30 P.M. Mr. Palladino then e]aho~:~ted upon areas he considered to be prime for the instal- lation of the signs i~ thC, Anaheim area, as well ~ other areas where their nti]~za- tion could contribute ~o greater highway safety. ]~ closing, he revealed ;~ new concept he was going to t~e proposing to the State of California employing a system similar to that of Conelrad, where ultimately information could be transmitt¢~d through a radio to the vehicle operator by flashing a message asking the operat~r to tune in to a particular station. bJOTION~ Councilman Kott complimented Mr. Palladino for his public interest r~lative to improving freeway safety and moved that the Traffic Engineer be directed t~> in- vestigate the pros and aons of the proposed message ~ystem as it pertained tr~ Anaheim, .'~s well as costs involved for submittal to the (~n~i] in two weeks. Counc~1~,man ~,lap~ood seconded the motion. Before a vote was take,n, Councilman Seymour stated that if the signs were acquired by the City and budgeted construction funds were to h~ used to place them in the Anaheim area, he wanted assurance that the money was ~:,c diverted from the needed sound barriers along th~ Route 57 Freeway. Those so,~i barriers and walls along Route 57 should be the City's first priority. Councilwoman Kaywood agreed and interjected that she was presently in touch with people from Caltrans to ascertain what immediate action could be taken to preclude vehi¢~]es from crashing into the backyards of a stretch f~f homes along that freeway (s~e minutes of September 27 1977). , A vote was taken-on the foregoing motion, incorporating Councilman Seymour's re- quest that no possib]~ monies should be diverted from sound attenuation barriers along the Route 57 Freeway, should the City acquire the message signs and carried unanimously. MOTION CARRIED. ' 108: APPLICATION FOR SOLICITATION OF CHARITY FUNDS: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, application for solicitation of charity funds by Advance Foundation, Inc., for telephone sol~citation and truck pick-up, to further the education of mentally retarded chil~Jren, October 1 through December 1, 1977, was approved. MOTION CARRIED. 108: APPLICATION FOR SOLICITATION OF CHARITY FUNDS: On motion by Councilman Thom, seconded by Councilman Seymour, application for solicitation of charity funds by Purple Heart Veterans Rehabilitation Services, for house-to-house solicitation of useable household items for sale in Purple Heart Thrift Shops, October through November 1977, was approved. MOTION CARRIED. RECESS: By general consent, the City Council recessed for 10 minutes. (2:50 P.M.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:00 P.M.) 77-1124 City Hall, Anaheim, California - COUNCIL MINUTES - October 11~ 1977~ 1:30 PUBLIC HEARING - RECLASSIFICATION NO. 76-77-49, CONDITIONAL USE PERMIT NO. 170] AND EIR NO. 202: Application submitted by Holly Wade Tuzewski, for a change in zone from RS-A-43,000 to ML to permit a resource recovery and recycling operation on property located at 3200 Frontera Street with code waivers of: a) minimum front setback (denied in part) b) required block wall Review of the Planning Commission's action was requested by Councilwoman Kaywood at the meeting of September 20, 1977, and public hearing scheduled this date. Councilman Kott explained that on the advice of legal counsel, he would abstain from discussion and voting on the subject application. Councilman Kott left the Council Chamber. (3:02 P.M.) The City Planning Commission, pursuant to Resolution No. PC77-183, determined Environmental Impact Report No. 202 to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, and further granted Reclassification No. 76-77-49, subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 64 feet in width from the freeway right-of-way line along the frontage road and a strip of land 32 feet in width from the centerline of Newkirk Road, including a standard cul-de-sac at the southerly terminus of Newkirk Road, for street widening purposes. 2. That all engineering requirements of the City of Anaheim along the frontage road and Newkirk Road, including standard cul-de-sac, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenent work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; that street lighting facilities along the frontage road and Newkirk Road, including standard cul-de-sac, shall be installed as required by the Director of Public Utilities; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department, within a period of ninety (90) days from date hereof or such further time as the Planning Commission may grant. 5. That subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 77-1 125 Hall, Anaheim, California - COUNCIL MINUTES - October 11~ 19_77~. !:30 P.M. 7. In the event that sut~ject property is to be dividend for the purpose ]ease 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 tb~_n be recorded in the Office of the Orange County Recorde, r. 8. That appropriate water assessment fees, as dete~Tmined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 9. That the applicant obtain an encroachment permit from the City of Anaheim for the existing truck scales located in the ultimate right-of-way of Newkirk Road within ninety (90) days from the date of approval. 10. Prior to the introduction of an ordinance rez~n/ng subject property, Condition Nos. 1, 2, 7 and 9, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 11. That Condition Nos. 3, 5 and 6, above-mentJoned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC77-184, granted Condi- tional Use Permit No. 1703, in part, subject to the following conditions: 1. That this Conditional Use Permit is granted s~!",i,~ct to the completion of Reclassification No. 76-77-49. 2. That subject property shall be developed subst;,~t]ally in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3, provided, howe, ver, that a 25-foot wide landscaped setback shall be provided along Frontera Street, that the property shall be entirely enclosed by a minimum 8-foot high wood-slatted chainlink fence along Frontera Street, and that said fence shall be located on a minimum 4-foot high landscaped earthen berm. 3. That a landscaped plan shall be submitted to and approved by the Planning Commission indicating the landscaping materials and the spacing of said plants along the interior property lines and in the setback areas along Frontera Street and Newkirk Road. 4. That all the above-mentioned conditions shall be complied within a period of ninety (90) days from the date hereof. Miss Santalahti described the location and surro~nding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. The Mayor asked if the Applicant or Applicant's Agent was present and desirous of being heard. Mr. Floyd Farano, Attorney representing the petitioner, 2555 East Chapman, Fullerton, presented a model of the proposed development which he used for reference purposes, in explaining the layout and operation of the dump site occupied by the Orange County Steel Salvage Company having a contract with the County for four dump sites 77-1126 .City Hall, Anaheim, California - COUNCIL MINUTES - October 11, 1977~ 1:30 P.M. for the purpose of withdrawing ferrous and non-ferrous metals and newspapers from these sites. Employees numbered approximately 20 to 30 working at the various sites, whose purpose was to sort undesirable and unmarketable material from that which would be transported back to the dump site in trucks. At the site, the material would then be sorted according to its nature, with paper being handled separately, baled, loaded into trucks, and taken to the market place. That was the only extent to which material would be processed at the site. He emphasized that no trash, disposal items or decomposable material would be on-site and the newspapers would be stored in one of the two proposed 13,000-square foot concrete, tilt-up buildings (one to the rear of the property and the other fronting Frontera Street) in con- tainers awaiting pick-up and those containers would be kept under the overhang of the building while being loaded onto trucks by magnets. Mr. Farano then briefed the Council on further improvements planned for the site, specifically the truck maintenance yard, an 1,800-square foot, two-story b~ilding to the west which would house the officers of Orange County Steel and Salvage, a new scale house, landscaping and mitigating measures for site screening purposes over and above the buildings themselves which would adequately shield the s~te. He also stated that an application had been filed with the County of Orange seeking abandonment of Newkirk Road, which began at Frontera Street and ended approximately 150 feet beyond the property in question. If this came about, they would like to maintain the scales in that location where presently a building existed. He clarified that nothing standing on the propery at present, with the exception of equipment, would remain; all buildings, trucks, trailers, shacks and mobile home offices would be gone in approximately 90 days, but the first requirement was to have the area landscaped within that period of time. He then explained that they had stipulated to a 4-foot berm with an 8-foot chain- link femce on top, creating a screening approximately 10 feet high, and there would be nothing, including containers, showing above the berm and the fencing, and as well, the area would be densely landscaped, subject to review and approval of the Planning Commission. He clearly stated that no part of the activity taking place on the property would be visible from the freeway or probably from any other part of the property surrounding it, with the exception of the two 40-foot booms with magnets on the bottom used to load and unload material. Instead of a straight line, the berm would be undulating and the surrounding fence would be slatted with redwood. The paper processing building to the rear of the property would be more for protection and keep things from blowing around. No shredding or any other kind of operation would take place therein other than sorting, sizing and making the paper presentable for the baling machine. Mr. Farano further explained the parking lot area would be fenced in; optimum vehicular traffic from the operation would be approximately 40 to 50 vehicles per day to and from the dump sites with the impact being approximately .5 of one percent of present traffic in the area; no City streets would be utilized, noise would be no more than 60 decibels at the property line; there would be no odors because no decomposable materials would be placed on the property; and the overall effect on the environment would be improved since the land would look better than at present. In finality, it would be the most advanced recycling plant serving the State of California and possibly the West Coast. 77-1127 .(]ity Hall, Anaheim, California - COUNCIL MINUTES - O~'t~,ber 11~ 1977~ 1:30 ?._~.~ Councilman Roth had two main concerns since he drow~ by the site daily, dust and mounds of metal piled high, such as those experienced on Commercial Avenue, east of Lemon. He felt it w~s necessary for the petitioner to stipulate that metal could not be piled abow~ fence level. Mr. Farano explained that he stated at the Planning Commission and would do so now that the material would not be stacked higher than the fence, and it would not be visible. During the ordinary course of business, no part of the operation would be visible from tt,~ freeway or anywhere. Relative to the dust, a portion of the yard would be p;~w~.i where sorting would take place, and the rest of the yard would contain treated rock and other substances, precluding a great amo,nt of dust. Further discussion followed between Councilwoman Kaywood and Mr. Farano where]n, Mr. Farano explained that employees would not be rep]aced by the sophisticate~d conveyor system that would be utilized at the dump site; the newspapers would i.c, protected from rain becaus~ they would be stored inside; and metal would not remain on the property long enough so that a rust problem would be created. Councilman Seymour asked for clarification that notching could be seen from the north, south, east or west unless one were to fly over the property with the exception of the two 40-foot booms. Mr. Farano stated that nothing could be seen from the freeway or Newkirk from the east, nor the west, because of landscaping. The only possible place would be to the south where a bike and horse trail was located. They believed that the operation would not be visible from the south because of tbe paper separation building, but they were aware of the situation and were planning on additional landscaping on the south side of the property. They would do their best to hide the site from that southern exposure, but it was dependent upon the height of the trail from the grade. Miss Santalahti interjected that the river levee would serve as a visual b[~ffer; the trail being located on the south side of the levee. Mr. Farano was then able to confirm that there would be no visual intrusion because the levee was 8 to 10 feet high. There being no further persons who wished to speak, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT NO. 202 - CERTIFICATION: Environmental Impact Report No. 202, having been reviewed by the City staff and certified by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify on motion by Councilman Seymour, seconded by Concil- man Thom, that EIR No. 202 is in compliance with the California Environmental Quality Act and City and State Guidelines. Councilman Kott was temporarily absent. MOTION CARRIED. Councilman Seymour offered Resolution No. 77R-669 for adoption, authorizing the preparation of the necessary ordinance changing the zone as requested, and Re~o]u- tion No. 77R-670 for adoption, granting Conditional Use Permit No. 1703, in part, both subject to City Planning Commission conditions and stipulations by the appli- cant's attorney at the Planning Commission and Council meeting. 77-]128 ~_City Hall, Anaheim, California - COUNCIL MINUTES - October 11, 1977~ 1:30 P.M. Before action was taken, Mr. Farano requested that hours of operation be approved from 6:30 A.M. to 7:00 P.M., seven days a week, and not five days a week as imposed by the Planning Commission, because he (Farano) made a mistake at that previous meeting as to days and time of operation. Councilman Seymour stated that as long as Mr. Farano could assure the Council that landscaping could be provided to preclude visual intrusion from the hiking, bicycle and riding trail, he would be amenable to the extended hours and reminded Mr. Farano that most of the traffic on the trail would be on the weekends. Mr. Farano accepted that provision. A vote was taken on the foregoing resolution including the approval of operation seven days a week, 6:30 A.M. to 7:00 P.M. Refer to Resolution Book. RESOLUTION NO. 77R-669: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (76-77-49, ML) RESOLUTION NO. 77R-670: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1703, IN PART. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom None Kott None The Mayor declared Resolution Nos. 77R-669 and 77R-670 duly passed and adopted. Councilman Kott re-entered the Council Chamber. (3:45 P.M.) PUBLIC HEARING - VARIANCE NO. 2685(READV.): Application by Robert and Helen D,ltz, to amend Condition No. 7 and delete Condition No. 10 of Resolution NO. 75R-212, approving Variance No. 2685, to establish a lot without frontage on a public street on CL zoned property located at 3028 and 3030 West Ball Road. The City Planning Commission reported that the Planning Director has determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an EIR and, further, recommended approval of the requested amendment to Condition No. 7 and deletion of Condition No. 10 of Resolution No. 75R-212, relative to Variance No. 2685 as readvertised. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. The Mayor asked if the Applicant or Applicant's Agent was present and desirous of being heard. 77-1129 City Hall, Anaheim~ California - COUNCIL MINUTES - October 11, 1977~ 1:30 P.M. Mr. Robert Dultz, Applicant, first clarified with Miss Santalahti that modifica- tion of Condition No. 7 and deletion of Condition No. 10 were the subject of the changes requested. He then indicated he was in agreement with staff recommendations. Councilwoman Kaywood noted that the staff report stated in No. 11, page 8-b, that the hardship was of the petitioners' own making, thus she questioned why the time limit was removed. Mr. Dultz agreed that although that was an accurate statement, the property was developed and put to its best maximum and financially feasible usage without creating future problems. There being no further persons who wished to speak, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Kott, seconded by Councilman Thom, the City Council ratified the determination of tl~e Planning Director that the proposed activity falls within the definition of S~.ction 3.01, Class 5, of the C~ty of Anaheim Guidelines to the requirements for an en'J~ron- mental impact report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilman Kott offered Resolution No. 77R-671 for adoption, granting Variance No. 2685, as readvertised, in accordance with the recommendations of the Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-671: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2685. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-671 duly passed, and adopted. CONSENT CALENDAR ITEMS: On motion by Councilman Seymour, seconded by Councilman Thom, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier or the self-insurance administrator: a. Claim submitted by Waunita J. Van Lizzen for property damages purportedly sustained as a reult of street disrepair at Beach Boulevard and Lincoln Avenue on or about September 8, 1977. b. Claim submitted by H. Paul Lehrbass for personal injuries purportedly sustained as a result of action by Anaheim Police Officer at Anaheim Stadium on or about June 25, 1977. 77-1130 City Hall, Anaheim, California - COUNCIL MINUTES - October 11~ 1977, 1:30 P.M. c. Claim submitted by Elmer Rassmussen for personal damages purportedly sustained as a result of action of Anaheim Police Officer at. Anaheim Stadium on or about July 4, 1977. d. Claim submitted by Steve Ely for personal damages purportedly sustained as a result of his wrongful arrest on or about June 24, 1977. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 175: Public Utilities Commission of the State of California, Notice of Filing Application for Rate Change, Application No. 57587 of Southern California Edison Company for authority to modify its Energy Cost Adjustment Clause to increase its Energy Cost Adjustment Billing Factors. b. 175: Public Utilities Commission of the State of California, Proposed Report of Administrative Law Judge James F. Haley in Application No. 56845, Amended Appli- cation of Pacific Gas and Electric Company for Authority, among other things, to increase rates for electric and gas service to offset the costs of supplemental conservation programs. c. 105: Community Redevelopment Commission - Minutes of September 14, 1977. d. 105: Project Area Committee - Minutes of September 13, 1977. e. 175: Monthly report for August 1977 - Utilities Field Division. 3. 108: ENTERTAINMENT PERMITS: The following permit was approved in accordance with the recommendation of the Chief of Police: a. Entertainment Permit for jam sessions and band entertainment, Friday and Saturday, 9:00 P.M. to 2:00 A.M., and Sunday, 2:00 P.M. to 2:00 A.M., for Carrie's Alibi, 821 South Brookhurst Street. (James C. Cheston, applicant) The following permit was not approved, as recommended by the Chief of Police. b. Entertainment Permit for jam sessions, Sunday through Saturday, 1:00 P.M. to 2:00 A.M., for the Rusty Rudder, 401 South Brookhurst Street. (Beverly Ann Sarcone, applicant.) MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Kott offered Resolution Nos. 77R-672 and 77R-673 for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 77R-672: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (City of Ful]erton, a municipal corporation; City of Fullerton, a municipal corporation; Robert A. Smith, et al.; Homes by Josed, Inc.; California Towel & Linen Supply Company; Donald M. Crisman, et al.; Colin L. Cox, et ux.; Robert J. Matillo, et ux.; Ocke Rickertsen, et ux.) 77-1131 C~ity Hall, Anaheim, California - COUNCIL MINUTES - October 11~ 1977~ 1:30 113: RESOLUTION NO. 77R-673: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS, DOCUMENTS, INSTRUMENTS, BOOKS AND PAPERS MORE THAN TWO YEARS OLD. (Utilities Department, prior to ,January 1972) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Rotb and Thom None None The Mayor declared Resolution Nos. 77R-672 and 77R-673 duly passed and adopted. ORDINANCE NOS. 3774 AND 3775: Councilman Seymour offered Ordinance Nos. 3774 and 3775 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3774: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-53(2), CL) ORDINANCE NO. 3775: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-10, CL) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance Nos. 3774 and 3775 duly passed and adopted. ORDINANCE NOS. 3776 THROUGH 3778: Councilman Seymour offered Ordinance Nos. 3776 through 3778, both inclusive, for first reading. ORDINANCE NO. 3776: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-15, RM-1200) ORDINANCE NO. 3777: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-17, CL) ORDINANCE NO. 3778: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(83), C-R) 155: CITIZEN INTEREST IN REVAMPING CHEVY CHASE APARTMENT AREA: Councilwoman Kaywood invited either or both Marge Conway and Sharon Bakel to speak relative to their interest in revamping the Chevy Chase apartment area. Marge Conway, 1418 Linn Drive, explained that she lived two blocks south and five blocks west of the subject area. She and Mrs. Bakel had just driven through the Chevy Chase area and although it appeared much better than anticipated, there were several points of concern such as garage doors in need of repair, badly needed painting, graffitti on walls, trash and the like; the main concern being the appar- ent over-population which also instigated crimes in the area. Three and four families were living in fourplex apartments, each designed for one family. She was of the opinion that the owners should be able to do something about the situation relative to health standards or a code limiting occupancy to one family. Nobody was willing 77-1132 City Hall~ Anaheim, California - COUNCIL MINUTES - October 11, 1977, 1:30 P.M. to buy in her area because of the close proximity to the apartments. She contended that the owners used the apartments for tax write-offs and, therefore, were not concerned with them otherwise. They were interested in knowing what they could do to alleviate the undesirable situation. Although Mrs. Bakel had been apprised of the Council's recent efforts to bring about a change in the area, Councilman Seymour briefly explained that the action to have the trash containers removed from the street was just the beginning and that Building and Zoning Codes would have to be enforced relative to occupancy, however, the Council did not want to act in an unreasonable fashion. He preferred that the City adopt the role of dealing with the owners one-by-one rather than indiscriminately, and without proper consultation, shutting down the area. Councilwoman Kaywood referred to and read from a sheet just submitted to her by John Anderson, Associate Planner, which was to be distributed throughout the subject neighborhood to assist in the process of bringing about a change in the area, which also included the names of two interested property owners. She suggested both Mr. Anderson and the two interested owners be contacted. She also emphasized that the City wanted to cooperate, but not in a display of force. Councilman Seymour confirmed that the last official action by Council on the matter directed staff to submit a proposal as to how the situation could be improved over- all. 148: EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION: Councilwoman Kaywood noted in letter dated October 11, 1977, from James Sanchez, Executive Director, Orange County Human Relations Commission, wherein he stated at the last monthly Human Relations Commission meeting, September 8, 1977, he publicly praised the recent action of the Anaheim staff on equal opportunity and affirmative action. 150: EXECUTIVE DIRECTOR - CULTURE AND THE ARTS: Councilwoman Kaywood referred to a letter dated October 3, 1977, received at City Hall October 6, 1977, from Mr. Ken Dills, Committee to find an Executive Director of Culture and the Arts in Anaheim, requesting that the Council Members formulate their ideas relative to a search for an Executive Director. Ideas were to be submitted in writing by October 11, 1977. It was her opinion that something as important as the selection of an Executive Director needed more time for an in-depth formulation of ideas. Also, it was the first time she had seen the title "Executive" Director used and she did not know what that meant, nor the job description. She tried to call Mr. Dills twice and at the Cultural Arts Center the day before, but to no avail. Councilman Kott was of the opinion that Mr. Dills should design criteria for an Executive Director and come up with a selection after which such data could be submitted to the Council. 163 & 179: ROOF-MOUNTED EQUIPMENT AT ANAHEIM HILLS ELEMENTARY SCHOOL: Councilman Kott asked City Attorney Hopkins for his recommendation relative to the problem of roof-mounted air-conditioning equipment at the Anaheim Hills Elementary School. After Mr. Hopkins explained the City's recourse in the matter, it was determined by personal inspection of both Councilman Roth and Miss Santalahti that, in fact, the equipment, which was venting and not air-conditioning, had been shielded so that the appearance was that of a regular residential roof although technically it was roof-mounted equipment. 77-1133 ~ity Hall, Anaheim, California - COUNCIL MINUTES - October 11, 1977, 1:30 P.M. Councilman Kott thereupon withdrew his previous request for staff to take appropriate enforcement action. 105: AD HOC COMMITTEE TO STUDY THE CITY'S ELECTRIC UTILITY: The Mayor referred to memorandum from the City Attorney recommending that the Council consider not appointing more than three members of the Public Utilities Board (PUB) to the special ad hoc committee since more than three members constitute a quorum of the Board. He, therefore, suggested rather than asking a Council Member to unappoint his or her appointee, that consideration be given to replacing Carl Keifer with another person. Discussion followed wherein Councilman Roth suggested leaving the committee at five members. Councilwoman Kaywood felt it would be wise to go with the existing seven-member PUB because they already had a year's worth of education and thus staff would not have to devote additional time bringing new people to the same point, and as well, no other boards or commissions appointed another board or commission to study an item on the same subject. Councilman Roth agreed that the committee should be made up of the Public Utilities Board. Councilman Seymour explained that his only concern relative to the purpose of the committee was that, if the existing PUB were to undertake the effort, someone on the Council would claim that the Board was prejudiced and biased in their conclu- sion. If Councilman Kott and Thom could assure there would be no such claims by them, he would be supportive of discharging the responsibility to the Board. The Mayor could not give this assurance to Councilman Seymour. Councilman Kott stated that he would be in favor of no members of the PUB serving on the committee, thus enabling a more non-prejudicial position. Further Council discussion followed wherein Councilman Seymour indicated he would support Councilman Kott's position unless the Council as a whole, were to concur if the PUB answered the question relative to the possible sale of the electrical utility that none of the five members would play politics with the outcome. Councilman Roth disagreed and maintained that the study should be conducted by the PUB. MOTION: Councilman Kott moved that no members of the Public Utilities Board serve on the ad hoc committee to study the City's electric utility. Councilman Thom seconded the motion. Before a vote was taken, Councilwoman Kaywood offered a substitute motion to dissolve the ad hoc committee entirely. Councilman Roth seconded the motion. The motion failed to carry by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood and Roth Seymour, Kott and Thom None 77-1134 City Hall, Anaheim~ California - COUNCIL MINUTES - October lip 1977~ 1:30 P.M. A vote was then taken on the original motion by Councilman Kott and carried by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Seymour, Kott and Thom Kaywood and Roth None Upon recommendation of the City Attorney, Councilman Seymour moved that the existing Public Utilities Board members be removed from the ad hoc committee. Councilman Kott seconded the motion. Councilwoman Kaywood and Councilman Roth voted "No". MOTION CARRIED. On motion by Councilman Seymour, seconded by Councilman Kott, new appointments to the ad hoc committee, replacing the Public Utilities Board members (Keesee, Anderson, White, Keifer), were continued to October 18, 1977. MOTION CARRIED. Councilwoman Kaywood and Councilmen Roth and Thom had appointments to make, and one was to be made by the Council, as a body. RECESS: By general consent, the City Council recessed into Executive Session. (4:27 P'.M. ) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (4:48 P.M.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Adjourned: 4:48 P.M.