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1995/03/14CXTY OF ~lJ~EX~, C~LXFORNX~ - COUNCXL HXNUTES ~J, RCH X4, xgg5 The City Council of the City of Anaheim met in regular session. PRESENT ABSENT: PRESENT COUNCIL MEMBERS: Tait, Lopez, Feldhaus COUNCIL MEMBERS: Zemel, Daly CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: DEPUTY CITY ENGINEER: Russell Maguire STADIUM GENERAL MANAGER: Greg Smith ZONING DIVISION MANAGER: Greg Hastings CODE ENFORCEMENT MANAGER: John Pools Gary Johnson A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:55 a.m. on March 10, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Pro Tem Feldhaus called the workshop portion of the meeting of March 14, 1995 to order at 3:08 p.m. Mayor Daly and Council Member Zemel were absent. City Manager James Ruth announced that Gary Johnson, the Director of Public Works and City Engineer has prepared today's workshop relative to sewer and storm drain fees for the South Central Area of Anaheim. 164: SEWER ~ND STORM D~AIN FEES FOR THE SOUTH CENTRAL /~RE& OF ANAHEIM: Gary Johnson, Director of Public Works and City Engineer introduced Mr. Russ Maguire, Deputy City Engineer to give today's presentation. Mr. Russ Maguire, Deputy City Engineer. This is preliminary to the public hearing before the City Council to be held March 28, 1995. For the benefit of the new Council Members, he first gave the history and background relative to the sewer and storm drain needs for the South Central Area, what actions the Council has taken thus far leading to the proposed action to establish sewer and storm drain impact and improvement feeg for new and expanded development within the South Central Area of Anaheim. (See draft of report dated March 3, 1995 - discue~i0n portion, which was briefed by Mr. Maguire. Ales ese previous documents - Sanitary Sewer and Storm Drain Financial Implementation Plan for the South Central City Area prepared by CH2M Hill dated August, 1994, South Central Area Sewer Deficiency Study, first revision, dated January, 1993 and Master Plan of Drainage for the South Central Area, First Revision dated February, 1993 - made a part of the record.) In concluding, Mr. Maguire summarized his presentation. The Master Plan of Drainage and the Sewer Deficiency Studies were the documents that determined the needs and deficiencies of the area. The financial implementation program provided the nexus and fair share participation for any individual development that would occur to be used to go over into a fee program. The mitigation monitoring programs of all the environmental documents of the specific plan d~ctated that they had to find a methodology in order to mitigate those 131 C~TY OF ANAHE~H~ CALiFORNiA - COUI~C~L ~NUTE8 - MARCH L4, L995 problems of deficiencies or needs. The Anaheim Resort Program put together an overall program of how to address those which included fair share participation fees getting down to what is being discussed today which are ordinances and resolutions to establish, on an area-wide basis, the fair share fee that any development would pay directly related to its impact on those facilities and become a partner in the Anaheim Resort Program. The ordinances and resolutions are consistent with the Anaheim program and also the Tarsadia program. He reiterated, the public hearing on the issue will be held March 28, 1995. Questions were then posed by Council Members for purposes of clarification which were answered by both Mr. Maguire and Mr. Johnson. REQUEST FOR CLOSED SESSIONs City Attorney Jack White' requested a Closed Session noting first that there are no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMSs There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session= CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION= Name of case~ In re~ County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272~ and In re= Orange County Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94-22273. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION= Name of cases Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION~ Name of cases Bola Industries, Inc. v. Anaheim Center Associates, Orange County Superior Court Case No. 73-53-00. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION~ Name of case= Silva, et al. v. City of Anaheim, et al., Orange County Superior Court Case No. 71-82-09. CONFERENCE WITH REAL PROPERTY NEGOTIATIOR~ Property= 2000 Gene Autry Way (Anaheim Stadium Property) Negotiating parties= City of Anaheim and the Golden West Baseball Co. Under negotiation: Price and terms CONFERENCE WITH LABOR NEGOTIATOR= Agency negotiator~ David Hill Employee organizations= Anaheim Police Association, Anaheim Fire Association, Anaheim Municipal Employees Association, and International Brotherhood of Electrical Workers (Local 47). 132 CITY OF ANAHETM~ CALIFORNIA - COUNCIL HINUTE8 - IG~.RCH 2.4, 1.995 RECESS: Mayor Pro Tem Feldhaus moved to recess into Closed Session. Council Member Tait seconded the motion. Mayor Daly and Council Member Zemel were absent. MOTION CARRIED. (3~31 p.m.) AFTER RECESS~ Mayor Pro Tem Feldhaus called the meeting to order, all Council Members being present with the exception of Mayor Daly and Council Member Zemel, and welcomed those in attendance to the Council meeting. (5=15 p.m.). INVOCATION= Mary L. Hibbard, West Anaheim United Methodist, gave the invocation. Saint Catherine's Military School of Anaheim Color Guard presented the colors. FLAG SALUTE = Mayor Pro Tem Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION AND INTRODUCTION OF MISS ~NAHEIM - TRACIE MILLER~ Earline Jones, Director, Miss Anaheim (Miss America) Pageant introduced Tracie Miller, Miss Anaheim, 1995 and presented her to the City Council. Mayor Pro Tem Feldhaus and Council Members welcomed Miss Miller, congratulated her on becoming Miss Anaheim and presented her with roses. They also wished her well in the forthcoming Miss America preliminary pageant to take place later this year. Miss Miller expressed how pleased she was to be representing Anaheim and thanked the Council and citizens for their support. Mrs. Jones then introduced Miss Nikki Lehman who will be replacing her as Director of the Pageant. Mrs. Jones stated that she will remain involved but is retiring from her post after almost 30 years, a position she has very much enjoyed. 119: PRESENT]~TION TREE CITY US~ ~ TREE CITY USA GROWTH AWARD: Linda Romero of the California Department of Forestry and Fire Protection presented the subject awards to the City after giving the background and the requirements for receiving such prestigous awards. Mayor Pro Tem Feldhaus and Council Members accepted the awards on behalf of the City. 119: PI~OCL~TION: The following proclamation was issued by Mayor Pro Tem Feldhaus and authorized by the City Council: Recognizing March 6 through March 12, 1995, as Arbor Day Celabration Week, dedicated to tree planting and care. Sally White, Liz Cason and Reon Young accepted the proclamation on behalf of Releaf Anaheim. 133 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - MARCH 14, 1995 FIITANCII~L DEMANDS ~G~INST THE CITY in the amount of $5,169,239.31 for the period ending March 10, 1995, in accordance with the 1994-95 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5=34 p.m.) Mayor Daly reconvened the City Council meeting. (5=37 p.m.) ADDITIONS TO THE AGENDA= There were no additions to agenda items. ITEMS OF PUBLIC INTEREST= No items of public interestwere addressed. PUBLIC COMMENTS - AGENDA ITEMS= Public input received on Items A9 and A15 (see discussion under those items). MOTION= Mayor Pro Tem Feldhaus moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of March 14, 1995. Council Member Tait seconded the motion. MOTION CARRIED. CITY NANAGER/DEPI~RTMBNTAL CONSENT CALEND~R= on motion by Mayor Pro Tem Feldhaus, seconded by Council Member Lopez, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar~ Mayor Pro Tem Feldhaus offered Resolution Nos. 95R-38 and 95R-39 for adoption and offered Ordinance No. 5483 for adoption. Refer to Resolution/Ordinance Book. Al. 118= The following claims were filed against the City and action taken as recommended= Claims rejected and referred to ~iyk Management= a. Claim submitted by Linda Thompson for property damage sustained purportedly due to actions of the City on or about December 24, 1994. b. Claim submitted by Janet Nunez for property damage and bodily injury sustained purportedly due to actions of the City on or about August 24, 1994. A2. 123= Approving a Local Agency - State Agreement No. 12-5055-065 which provides for the preliminary design activity for the Harbor/Lemon/SR-91 Freeway interchange improvement project~ and authorizing the Mayor and City Clerk to execute said State Agreement. A3. 169= Approving Contract Change Order No. i for Broadway Street Improvements from Anaheim Boulevard to East Street, in the amount of $427,417 in favor of Sully-Miller Contracting Company, for relocation of water and sewer utilities as well as paving a 60-foot by 250-foot easement to accommodate construction for the new Katella Electrical Substation. 134 CITY OF ANAHEIH~ CAL~FOI~A - COUNCIL H~NUTE8 - I~ARCH L4~ L995 Council Member Tait posed questions on this item for purposes of clarification which were answered by Gary Johnson, Director of Public Works and City Engineer and Dave Nelson, Civil Engineer-Field. Mayor Pro Tem Feldhaus. He found a lot of ambiguity in compressing these two projects together under one agreement which he discussed with the City Manager earlier today. He would like it split out in order to make it more clear in the future. A4. ~58~ R~SOLUTION NO. 95R-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. AS. 160: Accepting the bid of Kuhlman Electric Corporation, in the amount of $7,810 for two each 25 K.V.A. and two each 100 K.V.A. single-phase, subsurface transformers, in accordance with Bid $5368. Accepting the bid of Central Maloney c/o Southcoast Utility Sales, in the amount of $27,582 for four each 25 K.V.A. six each 50 K.V.A., and four each 75 K.V.A. single-phase, subsurface transformers, in accordance with Bid $5368. A6. 184: Reviewing the need for continuing the Sixth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 3, 1995, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim~ and taking no action to terminate the local emergency at this time. A7. 107: ORDINANCE NO. 5483 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 7.20.010, 7.20.020, 7.20.030 AND SECTION 7.20.040, AND REPEALING SECTIONS 7.20.090, 7.20.100, 7.20.110 AND 7.20.120, OF CHAPTER 7.20 OF TITLE 7, AND AMENDING SECTION 4.14.040 OF, AND ADDING NEW SECTION 4.14.100 TO CHAPTER 4.14 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO GAMBLING AND AMUSEMENT DEVICES. (Revised from the meeting of February 28, 1995, introduced at the meeting of March 7, 1995.) Mayor Pro Tem Feldhaus posed questions relative to this item which were answered by the City Attorney. A8. 153: RESOLUTION NO. - ...... : Extending the period of eligibility for severance pay. (To extend the provisions of Resolution No. 91R-112 from December 31, 1994 through June 30,.1995.) (Continued from the meeting of March 7, 1995.) City Manager Ruth. Staff is requesting a continuance on item A8 and A9 for one week for full Council action. This item was continued for one week. Ag. 105: O~DINANCE NO. 5485 FOR ADOPTION: Amending Section 1.04.997 of Chapter 1.04 of Title i of the Anaheim Municipal Code relating to the Budget Advisory Commission. (Introduced at the meeting of March 7, 1995.) Ben Bay, 2148 W. Grayson, Anaheim. He is a member of the Budget Advisory Commission (BAC), but is speaking on his own behalf. He supports the Council 135 C?T¥ OF AN~%HE'rM~ c~'rFORN?A - COUNC'rL H'rNUTE8 - Iq~RCH L4~ 1995 in what they are proposing to do in this matter but is asking that the Council strongly consider taking some of the political stigma out of changing people on boards and commissions. At every general election when there is a Possibility of changing members on the Council, the Council should set up an automatic resignation system so that every member of every city board and commission serving at the pleasure of the Council have automatic resignations and have that understood by those individuals. Then the new Council, without Political stigma, can accept the resignations they choose to and keep those individuals they wish to reappoint. He also.suggests that since the City has so many boards, commissions and committees, that they look at which ones are really still necessary. Relative to the Budget Advisory Commission, he favors the idea of reducing the size. This item was continued for one week as requested by the City Manager. This item was continued for one week. Al0. 1235 Approving two Joint Use Agreements $SER 63531A and SER 63532A with Southern California Edison Company (SCE) for undergrounding SCE's Barfs Fullerton 66kV Transmission Line in Anaheim's Underground Conversion District No. 10. All. 123= Approving a Sublease Agreement for office space rental at Anaheim Stadium between the City of Anaheim and Network International to provide for 500 square feet of space in the Gate 6 office/warehouse facility at Anaheim Stadium, effective February 1, 1995, at a cost of $675 per monthi and authorizing the Stadium General Manager to execute future renewals of said agreement. Council Member Lopez Posed questions on this item for purposes of clarification which were answered by Greg Smith, General Manager of Anaheim Stadium. A12. 123~ Approving District Cooperative Agreement No. 12-233 with the California Department of Transportation for design of the Weir Canyon Road/Yorba Linda Boulevard Widening project A13. 123= Approving the Fifth Amendment to Agreement with Eberhart and Stone, Inc., for geotechnical services Pertaining to the Santiago Landslide. Mayor Pro Tem Feldhaus. He again expressed his concern that the Council has not yet received a report from the geologist but are being asked to approve another $250,000. He also continues to hear that 40,000 gallons of water a day are still being pumped out of the area. Before he approves this item, he wants to receive the report that has been promised. City Attorney Jack White. His understanding is that the City anticipates getting the report this week or at least this month. He believes it will be received as early as tomorrow. As the Council knows, the matter is in litigation. The report was done at the request and under the auspices of the City Attorney's Office. He explained what the report will cover. When it is received, he will share it with the Council. He does not intend at this point for it to be a public report until after having a chance to analyze and share it with the Council and determine the next steps to be taken. If the Council is unwilling to vote in favor of the contract amendment tonight, he would 136 CITY OF A1TAHEIMv CALIFORNIA - COUNCIL HINUTE8 - MARCH 14v 1995 recommend the item be continued until next week since the Charter requires three affirmative votes for an order to pay money. This item was continued to the meeting of March 21, 1995. A14. 156= Authorizing the transfer of ownership of retired police canine 'Robbie" to his former handler, Officer James Reed. A15. 123= To consider waiving Council Policy 401 and approving a Second Amendment to Agreement with Deloitte & Touche LLP, for an amount not to exceed $20,000 plus reimbursable expenses not to exceed $3,000 for professional consulting services, and to evaluate the economic benefits to Anaheim of having a professional baseball franchise in the City. Phil Knypstra, 2520 Gelid Avenue, Anaheim. He feels there is a strong tendency in Anaheim to rush to a professional consultant to take care of all problems. Anaheim has been in the baseball business for twenty-five years and during that time should have built up enough expertise and knowledge to do its own cost-benefit analysis without spending another $23,000. Later in the meeting, Mr. Knypstra also noted that the contract states the City will be reimbursed, but it is going to be paid for with Public Utility's funds. 'The Public Utilities Department is a separate autonomous entity. He asked if the City gets reimburse, does the City always in every circumstance reimburse the Public Utilities for their money. City Manager Ruth. If costs are incurred by the Public Works Department, that department would be reimbursed for those costs. If incurred by the Public Utilities Department, the Utilities would receive that money. They are part of the City and not a separate entity. Their account would be reimbursed if that money was spent out of the Utility's account. A16. 114= RESOLUTION NO. 95R-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND RESTATING THE PROCEDURES AND RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS. A17. 114= Approving minUtes of the City Council meeting held February 28, 1995, and minutes of the Special Session held February 28, 1995. Roll Call Vote on ResolutionNos. 95R-38 and 95R-39 for adoption= AYES= MAYOR/COUNCIL MEMBERS= Tait, Lopez, Feldhaus NOES= MAYOR/COUNCIL MEMBERS~ None ABSENT~ MAYOR/COUNCIL MEMBERS~ Zemel, Daly Mayor Pro Tem Feldhaus declared Resolution Nos. 95R-38 and 95R-39 duly passed and adopted. Roll Call Vote on Ordinance No. 5483 for adoption= AYES= MAYOR/COUNCIL MEMBERS= Tait, Lopez, Feldhaus NOES= MAYOR/COUNCIL MEMBERS= None ABSENT= MAYOR/COUNCIL MEMBERS= Zemel, Daly 137 CITY OF ANAHEIH, CALIFORNIA - COUNCIL MINUTE8 - MARCH 14, :!.995 Mayor Pro Tem Feldhaus declared Ordinance No. 5483 duly passed and adopted. END OF CONSENT C~T.Z~DAR. MOTIONS CARRIED. BOARD AND COMMISSION ITEM: AlS. 105; APPOINTMENT TO FILL A PLANNING COMMISSION VACANCY: Appointment to the. Planning Commission to fill the vacancy of Tom Tait (term expires June 30, 1996). This matter was continued from the meeting of March 7, 1995 to this date. City Clerk Leonora Sohl. She had previously submitted a list of four names to the Council. No additional applications have been received. As a result of that, she has issued another press release and the Public Information Officer will also issue another announcement. MOTION= Mayor Pro Tem Feldhaus moved to continue the subject appointment for one week to March 21, 1995. ~o~ncil Member Tait seconded the motion. Council Member Zemel and Mayor Daly were absent. MOTION CARRIED. A19. 000: PUBLIC HEARING - PARKING FEE INCREASE AT ANAHEIM STADIUM - BASEBALL SEASON PARKING FEES: To consider a resolution to revise the parking fees at Anaheim Stadium for California Angels games from $5 to $6 per entry, and football, concerts and competitive motorsports events from $6 to $7 per entry~ and to also consider an increase in the California Angels season parking fee from $500 to $550 per season. Submitted was report dated February 10, 1995 from Greg Smith, Stadium General Manager recommending the subject increase. City Manager Ruth. Staff is recommending a one-week continuance of this item in order to revise the proposal and bring it back for consideration by a full Council. Mayor Pro Tem Feldhaus opened the public hearing and asked to hear if anyone wished to speak at this time~ there was no response. RESOLUTION NO. - ..... : Revising the parking fees at Anaheim Stadium. MOTION= council Member Tait moved to continue the subject public hearing for one week. Council Member Lopez seconded the motion. Council Member Zemel and Mayor Daly were absent. MOTION CARRIED. COMMISSIONS: A20. 105: RATIFYING AN APPOINTMENT TO THE PARK AND RECREATION COMMISSION: Ratifying the appointment of L. E. "Slim" Terrell by the Anaheim Union High School District Board of Trustees to represent the Anaheim Union High School District on the Anaheim Park and Recreation Commission (to replace R.A. "Molly" McGee). 138 CITY OF ~FAHEIM~ C~.~IFORNI~ - COUNCIL MINUTEB - NARCH L4~ L995 Submitted was letter dated February 28, 1995.from Eileen Mills, Secretary to the Board of Trustees of the Anaheim Union High School District requesting that the Council take appropriate action. MOTIONs Mayor Pro'Tem Feldhaus moved to ratify the appointment of Mr. Terrell to be the District's representative on the Anaheim Park and Recreation Commission. Council Member Lopez seconded the motion. Council Member Zemel and Mayor Daly were absent. MOTION CARRIED. ITEMB B1 - B5 FROM THE PLANNINQ COMMI88IONMEETINQ OF FEBRUARY 22; 1995 INFORMATION ONLY - APPEAL PERIOD ENDS M~RC'H 16t 1995: B1. 155~ FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 316. CONDITIONAL USE PERMIT NO. 3566s OWNERs California State Teachers Retirement System, 7667 Folsom Blvd., Sacramento, CA 95826 AGENT= O'Connor Realty Advisor's, Inc., Attn= Hike Strle, 11601 Wilshire Blvd., Los Angeles, CA 90025; Donahue Schriber, Attn= Brad Deck, 3501 Jamboree Rd., South Tower, Ste 320, Newport Beach, CA 92660 LOCATION= 500-600 North Euclid Street (Anaheim Plaza). Property consists of two parcels of land= Parcel i is an irregularly- shaped parcel of land consisting of approximately 38.25 acres bounded on the north by Crescent Avenue, on the east by Loara Street, on the south by the Santa Ana Freeway (Interstate 5), and on the west by Euclid Street (Anaheim Plaza); Parcel 2 is a rectangularly-shaped parcel of land consisting of approximately 8.82 acres located at the northeast corner of Crescent Avenue and Euclid Street, having approximate frontages of 620 feet on the north side of Crescent Avenue and 640 feet on the east side of Euclid Street. Petitioner requests modification or deletion of a condition of approval pertaining to tenant identification on an existing freeway-oriented freestanding, project identification sign to identify six (6) major tenants instead of five (5) major tenants and one (1) major entertainment component as previously approved. AcT~QN TAKEN BY THE PLANNING COMMISSIONs Approved amendment to conditions of approval of Conditional Use Permit No. 3566 (PC95-18) (4 yes votes, 2 absent, and i vacancy). EIR NO. 316 previously certified. Greg Hastings, Zoning Division Manager clarified for Council Member Lopez what the request entailed. B2. ~79= CONDITIONAL USE PERMIT NO. 2992 AND NEGATIVE DECLARATION= 0WNER= Leonard Chaidez and Cyndie Chaidez, P.O. Box 29, Anaheim, CA 92815-0029 LOCATION= 507 South Lemon Street. Property is approximately 0.56 acre located at the southwest corner of Santa Ana Street and Lemon Street. Petitioner requests review and approval of revised plans to retain a previously approved tree service contractor's yard with waiver of minimum front yard setback. A~TION TAKEN BY THE PLANNING COMMISSIONs Approved revised plans for Conditional Use Permit No. 2992 (PC95-19) (4 yes votes, 2 absent, and I vacancy). Negative Declaration previously approved. 139 CITY OF AN~EIM~ CALIFORNIA - COUNCIL MINUTE8 - MARCH L4~ ~995 Greg Hastings, Zoning Division Manager clarified for Mayor Pro Tem Feldhaus that the equipment being stored was approved under the originally approved Conditional Use Permit. At the time, it was noted the equipment would extend above the fence line. What the Planning Commission looked at in this case was simply to allow the tree trimmings to remain on site to be recycled. They are also replacing the chain link fence with a block wall giving a better aesthetic appearance. B3. 179~ CONDITIONAL USE PER~IT NO. 3742 AND NEGATIVE DECLARATION= OWNER= Mennen Industries, Inc., Attn= James O. Ashcraft, 2305 Cherry Industrial Circle, Long Beach, CA 90805 AGENT~ Joseph De Carlo, 3520-B Cadillac, Costa Mesa, CA 92626 LOCATION~ 2037 East Ball Road. Property is approximately 3.03 acres located On the north side. of Ball Road and approximately 400 feet east of the centerline of State College Boulevard. To permit a car wash facility including a semi-enclosed detail area. ACTION TAKEN BY THE PLANNING COMMISSION~ CUP NO. 3742 GRANTED (PC95-20) (4 yes votes, 2 absent, and i vacancy). Approved Negative Declaration. REPORTS AND RECOMMENDATXONSz B4. 179= ~0NDITIONAL USE PERMIT NO. 3566 --SUBSTANTIAL CONFORMANCE OF DETERMINATION PERTAINING TO THE LAYOUT AND CONFIGURATION OF STRUCTURES ON THE NEIGHBORHOOD SITE CNORTH SIDE OF CRESCENT AVENUEt OF ANAHEIM PLAZA~ Substantial conformance determination for Conditional Use Permit No. 3566, (to permit the phased construction of a regional commercial retail shopping center with an indoor entertainment facility, an automotive repair and parts installation facility in conjunction with a major retail tenant, semi-enclosed restaurants with outdoor dining (food court), and an auditorium/community meeting room). Current request is to review the layout and configuration of structures on the neighborhood site (north side of Crescent Avenue) of Anaheim Plaza to increase the square footage of two previously-approved major tenants and eliminating the previously-approved in-line shops. ACTION TAKEN BY THE PLANNING COMMISSION~ Determined that the plans are in substantial conformance with original approved plans. BS. 158= CODE AMENDMENT NO. 95-03 - PERTAINING TO RIGHTS-OF-WAY DEDICATION AND IMPROVEMENT= Request by the City of Anaheim Public Works-Engineering Department, 200 S. Anaheim Boulevard, Anaheim, CA 92805, to allow exemptions from dedication requirements. ACTION TAKEN BY THE PLANNING COMMISSION= Recommended that a draft ordinance be prepared and submitted to City Council for consideration. ITEM B6 FROM THE PLANNING COMMISSION MEETING OF MARCH 6, 1995 INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 15; 199S B6. 170= TENTATIVE PARCEL MAP NO. 94-183. RECLASSIFICATION NO. 94-95-07 AND NEGATIVE DECLARATION= OWNER: Anaheim Redevelopment Agency, Attn: Brent Schultz, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 140 CITY OF ~N~EIMv CALIFORNIA - COUNCIL MINUTES - I~CH 14v 1995 LOCATION= 1009 East Lincoln Avenue. Property is approximately 1.32 acres located on the north side of Lincoln Avenue between Rose Street and the A.T. & S.F. Railroad right-of-way. Petitioner requests reclassification of the subject property from the ML, CH and RM-1200 zones to the RS-7200 zone. Petitioner requests approval of a tentative parcel map to establish a 5-lot subdivision (including two nun~ered lots and three lettered lots) tO relocate, two single-family move-on dwellings. ACTION TAKEN BY THE PLANNING COMMISSIONs Tentative Parcel Map No. 94-183 Approved (6 yes votes, I vacancy). Approved Negative Declarat£on. NOTEs Reclassification No. 94-95-07 has a 22-day appeal period and will appear on the agenda of March 28, 1995. City Attorney White clarified for Council Member Lopez that the Redevelopment Agency does own the site. END OF~ PLANNING ~OMMISBION ZTEM~. BT. 179s ORDINANCE NO. 5486 - INTRODUCTION; Amending Title 18 to rezone property under Reclassification No. 91-92-23 located at 899 South West Street from the CR zone to the RS-7200 zone. Greg Hastings explained for Mayor Pro Tem Feldhaus that the vacant property has an entitlement for a church. The Specific Plan zone does not allow churches but the RS-7200 zone does allow them by CUP. CZ. 173: PROPOSED ~ATE ADJUSTMENT FOR YELLOW C~B COMPANY OF NORTHERN ORANGE COUNTY~ INC.: Approving the taxi 'fare increases for the Yellow Cab Company: $1.90 flag for the first 1/6th mile. $0.30 per each additional 1/6th mile. $22.00 per hour waiting time and..t~affic delay. Submitted was report dated March 14, 1995 from the Code Enforcement Division recommending that the Council approve the requested fare increases. Council Member Lopez. He asked staff for information on surrounding cities such as Buena Park, Fullerton and Garden Grove relative to their rates. Yellow cab is proposing an idling time of $22 an hour which is higher than some larger cities. He knows that may be due to the fact that there are many people coming into the Disneyland area. His concern especially revolves around senior citizens who have to utilize taxi service and their limited ability to pay for such service. He is not ready to move forward with this increase tonight. Council Member Tait. He agrees with Council Member Lopez and would like more information on the rate increase. He would favor a one week continuance. Mayor Pro Tem Feldhaus. He did not agree. Mr. Slagle of Yellow Cab is the operator of the business and he knows what it costs to operate. He asked to hear from Mr. Slagle. 141 C~TY OF ~(~BLHE~K~ C,,~FORN~A - COUNCIL XlNUTE8 - MARCH Larry Slagle, Yellow Cab Company of Northern Orange County. He is agreeable to a continuance of one week for full Council action. As indicated in his application, it has been five years since he has been before the Council to ask for an increase. The Council is the governing body according to State law. The cost of inflation over that period is in excess of the increase being requested. They were a 'non-profit' organization last year and may be again this year. They have purposely increased the distance for the flag. The increase will not really have a full impact until hitting the lO-mile break which means people taking short trips, the seniors and others, will get a break and the people taking the longer trips will help pay for the shorter trips. He would be happy to meet with any of the Council Members or provide additional input. He assumes that Council Member Lopez also talked to the Code Enforcement Manager, Mr. Pools as well. This standard rate has been approved by every City in Orange County this side of Laguna Beach - Fullerton, Garden Grove, Cypress, Orange, etc. Yellow Cab is a "target" company. Their insurance rates and costs have gone up. He proceeded to explain why and cited specifically claims, insurance, litigated claims, fuel, etc. He also explained the many improvements and upgrades they have made to their business. In concluding, he stated the increase is justified and he would be happy to meet with Mr. Pools and his group to answer any questions. John Pools, Code EnforcementManager. Answering Mayor Pro Tem Feldhaus, he stated that WeSt Coast Cab, the City's other taxi service, has informed them they are proposing to increase their rates to the same amount. Staff has contacted a number of cities that Mr. Slagle's firm contracts with to provide taxi service. It is his understanding they are going to ask for those same rates. Staff found that most, if not all, of those cities have already increased their rates to what Mr. Slagle is proposing in Anaheim. They will be happy to meet with Mr. Slagle but need more direction on exactly what information the Council wants more than what has been provided. Additional discussion followed between Council Member Lopez and Mr. Slagle especially revolving around Council Member Lopez's concern with seniors being able to afford taxi service since for many it is their only means of transportation. Council Member Tait. He would llke to see a break down of the different costs that have increased since the last rate increase. Mr. Pools stated they can do that and also meet with Mr. Slagle and bring that information back next week. MOTION~ Council Member Lopez moved to continue the subject request for a rate adjustment for Yellow Cab Company for one week. Council Member Tait seconded the motion. Council Member Zemel and Mayor Daly were absent. MOTION CARRIED. C2. COUNCIL COMMBNTB: 114= CITY'S POLICY REGARDING REPLACEMENT OF SIDEWALK~, REMOVAL OF TREES AND SEWER DANAGE= council Member Lopez. He would like the Council to revisit the City's policy on repair, removal and replacement of sidewalks and trees in the older part of Anaheim basically from Knott Avenue, all the way to the riverbed and actually all the way to Imperial. In those areas, the sidewalks are starting to come 142 CITY OF ANAHEIX~ CALIFORNIA - COUNCIL HINUTES - MARCH 14~ 1995 up and the trees are growing. He dealt with that problem last year and was told the City has a policy not to replace sidewalks or remove trees. In his case, the tree roots broke through the sewer lines. It seems to him if the City can afford to spend thousands of dollars for consultants to determine if there is a need for a new Stadium and increase the size of the Convention Center, they can take care of the needs that impact citizens. Mayor Pro Tem Feldhaus suggested that the appropriate staff people from street maintenance reportto the council next Tuesday and give an overview of their schedules - how they schedule and prioritize such matters. City Manager Ruth. They will be happy to do so, the subject issues were a casualty of the cutbacks over the last four or five years. Staff will be happy to revisit the matter and come back to the Council with a report regarding the policy. Council Member Lopez asked that it a18o include replacement/repair of sewer damage. C3. 112: REPORT ON CLOSED SESSION ACTIONB~ City Attorney White stated that there are no actions to report. DI. 000~ PUBLIC HEARING - PUBLIC STREET FACILITIES PLAN - ESTABLISHNENT OF A CERRITOS AVENUE/DOUGLaSS ROAD AREA STREET REIMBURSEMENT FEE PROGRAMs To consider the adoption of a resolution establishing the Cerritos Avenue/Douglass Road Area Street Reimbursement Fee Program. at an estimated current cost of SO/acre against Parcel A and $4,512/acre against Parcel B. RESOLUTION NO. = Establishing the Cerritos Avenue/Douglass Road Area Street Reimbursement Fee Program. PUBLIC NOTICE REQUIREMENTS MET BY= Publication in Anaheim Bulletin - January 26, 1995 Noting that a public hearing will be held on March 14, 1995 and March 21, 1995 regarding this subject. Submitted was report dated March 1, 1995 from the Public Works Department recommending adoption of the subject resolution. Letter dated March 10, 1995 was received from Hart, King & Coldren on behalf of Campanula Properties regarding the issue and letter dated March 9, 1995 was received from Tejas Partners Limited also in relation to the subject proposal. Mayor Pro Tem Feldhaus. He understands a request has been received from both parties involved that the matter be continued to a date certain. City Attorney White. The proposed district involves two parcels of property. The owner of one has requested a continuance in order to have adequate time to prepare a traffic report concerning the matter. The other property owner does not object. Staff concurs with. the continuance request. The item has been noticed for two public hearings on consecutive Tuesdays, tonight and next week. His recommendation is for the Council to consider tonight's public 143 C~T¥ OF ANAHE~ CALIFORNIA - COUNCIL H~NUTE8 - IG~,RCH ~4~ L995 hearing to next Tuesday which will automatically appear on the Council agenda. At that time, they will be able to determine and have a recommendation on a date certain to continue that hearing to when they have had a chance to discuss the matter with the property owners and determine how long the traffic report will take to prepare. He would guess they are looking at a four-week period total. He suggested that the hearing be opened and ask if anyone wishes to testify, but with the understanding that the matter will be continued first to .next we~k and then at the next meeting continued again to a date certain. Mayor Pro Tem Feldhaus opened the public hearing and asked to hear from anyone who wished to speak at this time~ there was no response. MOTION= Mayor Pro Tem Feldhaus moved to continue the public hearing on the subject Public Street Facilities Plan and Fee Program for one week to March 21, 1995. Council Member Tait seconded the motion. Council Member Zemel and Mayor Daly were absent. MOTION CARRIED. ADJOURNMENT= By general Council consent the Council meeting of March 14, 1995 was adjourned. (6=35 p.m.). LEONORA N. SOHL, CITY CLERK 144