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1995/03/21C'rTY OF ANAHE'rM~ CALIFORNIA - COUNC~'L M~'NUTE8 I~RCH 21~ 2.995 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Daly COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman STADIUM GENERAL MANAGER: Greg Smith DIRECTOR OF PUBLIC WORKS/CITY ENGINEER= Gary Johnson PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti CODE ENFORCEMENT MANAGER: John Poole A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:45 p.m. on March 17, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Pro Tem Feldhaus called the meeting to order at 2:50 p.m. and Council Member Lopez absent at 2:50 p.m.) (Mayor Daly REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: 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 case: Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 3370 East La Palma Avenue Negotiating parties: Anaheim Redevelopment Agency and Fry's Electronics Under negotiation: Price and terms CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: 145 CITY OF ANAHEIMv CALIFORNI~ - COUNCIL MINUTES - MARCH 21, 1995 Name of case: Delmonico, et al. v. City of Anaheim, et al., Orange County Superior Court Case No. 71-80-71 (and sixteen other consolidated cases relating to the Santiago landslide). CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Conestoga Resort L.P.v. City of Anaheim, Orange County Superior Court Case No. 94-05-993. 6e CONFERENCE WITH REAL PROPERTY NEGOTIATOR 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 Fighters' Association, Anaheim Municipal Employees Association, International Brotherhood of Electrical Workers (Local 47), H.S.E.U. (Local 399), and G.T.D.U. (Local 952). RECESS: Council Member Feldhaus moved to recess into Closed Session. Council Member Zemel seconded the motion. Council Members Lopez and Daly were absent. MOTION CARRIED. (2=51 p.m.) AFTER RECESS= Mayor Daly called the meeting to order, all Council Members being present and announced that following the Invocation and Flag Salute, the first item of business would be the Workshop to conduct legislative update, which had been scheduled for 3~30 p.m. (5~33 p.m.) INVOCATION: Dr. Jim Schibsted, First Congregational Church, gave the invocation. FLAG SALUTE: Council Member Lou Lopez led the assembly in the Pledge of Allegiance to the Flag. 139: LEQIBL~TIVE UPDATE Kris Thalman, Intergovernmental Relations Officer introduced Mike Arnold, the City's legislative advocate in Sacramento who gave a briefing on state and federal matters. The three major areas of interest to the City which he covered were transportation, telecommunications and Community Development Block Grants. Mr. Arnold also discussed the Orange County bankruptcy issue from the perspective of the State Legislature. (See written materials submitted for the workshop covering these items in detail, on file in the Office of the City Clerk. ) Mayor Daly thanked Mr. Arnold for his briefing. 119= THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: Recognizing the Knights of Col-mhus DaF of Sharing, April 8, 1995 146 C~TY OF ANI~,HE~H~ CAL~FORN~& - COUNCIL H~NUTES - I~,RCH 2~ 1995 FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,497,748.37 for the period ending March 17, 1995, in accordance with the 1994-95 Budget, were approved. RECESS: Mayor Daly moved to recess the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. Council Member Tait seconded the motion. MOTION CARRIED. (5:50 p.m.) Mayor Daly reconvened the City Council meeting. (5=58 p.m.) ADDITIONS TO THE AGENDA= There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Mr. Orlando Hunter, 555 South Resh Street, Anahei~ 92805 explained his difficulties in starting up a new business in Anaheim, noting that he is attempting to do a form of street vending, which he subsequently has been informed is not legal. He thought he had checked his business plans out with City staff and now has expended money and is not able to conduct his business. Jack White, City Attorney explained the process to file a claim and the City Clerk agreed to mail a claim form to the above address. Mr. Sefarino Garcia read a statement prepared in the form of a proclamation, requesting that the City Council consider the renaming of West Harbor Place in downtown Anaheim to "Cesar Chavez Boulevard". Mr. Victor Vasquin noted that he had recently been before the Planning Commission for the remodeling of his service station to include a convenience market. In the discussion of this issue the Police Department had indicated that his area had a 70% higher crime rate. The Planning Commission asked for documentation from the Police Department concerning the crime rate issue, but none were submitted during his hearing. He has spent $300,00 to improve the property and now on March 14, 1995 has received notice from ABC that the Police Department is protesting his request for license to sell beer and wine, based on their belief that his area has a 70% higher crime rate. Mayor Daly requested that the City Manager look into the situation and report back to the City Council. Richard Ornelas, West Hampshire Place, Anahei~ commented that each time a City or County worker is cut back, that person goes on unemployment, but when they are working they spend their wages on rent, gasoline and other items, a portion of which comes Back to the City. Therefore he does not feel it is a good idea to put people out of work. In particular he is not in favor of cuts to the JTPA programs which employ young people. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items A7, A8, A12 and A14 (see discussion under those items). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of March 21, 1995. Council Member Zemel seconded the motion. MOTION CARRIED. 147 CITY OF ~%NAHEIMv CALIFORNIA - COUNCIL MINUTES - M~RCH 21v 1995 CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Mayor Daly, seconded by Council Member Zemel, 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 Daly offered Resolution Nos. 95R-40 through 95R-43, both inclusive, for adoption and offered Ordinance No. 5485 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 Risk Management= a. Claim submitted by Formula Consultants, Inc., c/o CB Commercial Real Estate Group for property damage sustained purportedly due to actions of the City on or about December 12, 1994. b. Claim submitted by Edelmira Candelario, c/o Mabel N. Orue, esq., for bodily injury sustained purportedly due to actions of the City on or about November 16, 1994. c. Claim submitted by Dustin Johnson, c/o Stephen J. Dougan, esq., for bodily injury sustained purportedly due to actions of the City on or about August 24, 1994. d. Claim submitted by Jeffrey H. Howe for property damage sustained purportedly due to actions of the City on or about December 10, 1994. e. Claim submitted by Ho-Yuon Chen for property damage sustained purportedly due to actions of the City on or about January 11, 1995. f. Claim submitted by Tanya A. Souza for property damage sustained purportedly due to actions of the City on or about January 29, 1995. g. Claim submitted by Trung D. Luong, c/o Paula Coleman, esq., for indemnity sustained purportedly due to actions of the City on or about October 10, 1993. h. Claim submitted by Peggy Oviedo for property damage sustained purportedly due to actions of the City on or about January 5, 1995. i. Claim submitted by Cipriano Nieto, c/o Arthur L. Goldberg, esq., Felipe Plascencia, esq., Working People's Law Center for bodily injury sustained purportedly due to actions of the City on or about December 17, 1994. j. Claim submitted by Juan C. Garcia for property damage and bodily injury sustained purportedly due to actions of the City on or about February 10, 1995. k. Claim submitted by Bill Fitzgerald for bodily injury sustained purportedly due to actions of the City on or about September 3, 1994. 1. Claim submitted by Crystal C. Kern for property damage sustained purportedly due to actions of the City on or about December 20, 1994. m. Claim submitted by Laszlo Juhasz for property damage sustained purportedly due to actions of the City on or about February 7, 1995. 148 CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTES - MARCH 21v 1995 n. Claim submitted by Simon Huang for property damage sustained purportedly due to actions of the City on or about December 29, 1994. o. Claim submitted by Southern California Gas Co., attn: Lynette A. Elie, File No. P-277094-2-LE for property damage sustained purportedly due to actions of the City on or about December 2, 1994. p. Claim submitted by Darryl & Melanie Parker for property damage sustained purportedly due to actions of the City on or about January 5, 1995. q. Claim submitted by Johnny Edward Negrette for bodily injury sustained purportedly due to actions of the City on or about August 13, 1994. r. Claim submitted by Genevieve H. Merkel, c/o Litwiniuk & Company for bodily injury sustained purportedly due to actions of the City on or about January 9, 1995. A2. 128: Receiving and filing the Monthly Financial Analysis for seven months ended January 31, 1995, as presented by the Director of Finance. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held January 12, 1995. 105: Receiving and filing minutes of the Community Services Board meeting held February 9, 1995. A3. 144~ RESOLUTION NO. 95R-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO DESIGNATE THE ORANGE COUNTY TRANSPORTATION AUTHORITY AS THE METROPOLITAN PLANNING ORGANIZATION FOR ORANGE COUNTY. A4. 123: Waiving Council Policy Number 401, and approving an Agreement with Infrastructure Management Services (IMS), in an amount not to exceed $18,200 for field testing and inspection services for the City's FY 1994/95 Pavement Management Systems Survey. AS. 123: Authorizing the execution of an Agreement with Montgomery-Kone, Inc., in an amount not-to-exceed $92,800 per year, for elevator/escalator service beginning April 1, 1995 through June, 1996, with options to renew up to three years, for maintenance of the elevators and escalators at Anaheim Stadium. Council Member Feldhaus questioned whether the Council wants to approve this agreement for a three-year period, noting he would want to have it come back to Council each year. In response to Council Member Lopez' question as to whether this contract was put out to bid, Greg Smith, Stadium Manager explained that this process was conducted by the Purchasing Department, but there are only two companies which can provide this service and Montgomery-Kone can provide faster service due to availability of proprietary equipment when replacement is needed. A6. 160: Authorizing the Purchasing Agent to issue Purchase Orders for an aggregate amount not-to-exceed $85,000 for micro-computer maintenance for a period of one year commencing July 1, 1995, in accordance with Bid $5265. 149 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - MARCH 21, 1995 A7. 137: RESOLUTION NO. 95R-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PREPARATION AND EXECUTION OF DOCUMENTS REQUIRED IN CONNECTION WITH A TAXABLE REVOLVING BANK LINE OF CREDIT AND APPROVING RELATED ACTIONS. ($75,000,000 line of credit with Industrial Bank of Japan.) Mr. Phil Knypstra, 2520 Gelid Avenue, Anaheim. This item deals with the $95 million which the City borrowed and then invested. He is of the opinion that a record should be kept of all expenses, including the interest paid on this $75,000,000 line of credit, and the cost of the staff time and effort, so that when the crisis is behind us there will be an accurate accounting of the dollars which it cost the taxpayers. 123: Approving the terms and conditions of an Agreement employing Jones Hall Hill & White as special counsel regarding the preparation and execution of necessary legal opinions relating to this revolving line of credit, in an amount not to exceed $7,500. A8. 105: ORDINANCE NO. 5485 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM 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, and continued adoption from the meeting of March 14, 1995.) Mr. Gene Brewer, Vice Chair of the Budget Advisory Commission stated that a letter had been submitted to Council from the Chair of the Commission indicating they believe the size should be kept as it is at present, 10 members. This would allow them to continue their procedure of using all resources available to them in this task. They would like to keep nine resident members on the Commission. A9. 113: RESOLUTION NO. 95R-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (City Attorney records.) Al0. 123: Approving the Fifth Amendment to Agreement with Eberhart and Stone, Inc., for geotechnical services pertaining to the Santiago Landslide. (Continued from the meeting of March 14, 1995, Item A13.) Council Member Feldhaus noted that the final report has yet to be received from this firm, and he is hesitant to approve a Fifth Amendment to the agreement until that is complete. Public Works Director Gary Johnson noted that there are two components to the contract in question; one is work to be done to complete the report; and the other is work consultant needs to do for his Department as it relates to litigation. It is therefore imperative that action be taken on the contract amendment as work will not be completed for litigation. He further explained for council Member Feldhaus that the contract is a maximum "not to exceed" and it would be anticipated to cost less than that amount. The contract deals with public funds for landscape and mitigation measures, which in the past have been reimbursed through FEHA (Federal Emergency Management Act) and this should be the case here as well. Jack White also noted that it is his estimate that the final report, which is voluminous, is still several weeks away. When submitted it will done under attorney-client privilege as it relates to litigation. 150 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - MARCH 21, 1995 All. 153: RESOLUTION NO. 95R-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM 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 meetings of March 7 and March 14, 1995.) Al2. 123: 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, to evaluate the economic benefits to Anaheim of having a professional baseball franchise in the City. (Continued from the meeting of March 14, 1995, Item A15.) Jeff Kirsch, 2661 West Palais Road, Anaheim questioned the benefit to be derived from spending $23,000 on the study described in Al2, when basically the Stadium and Convention Center operations are at break-even. He suggested the methodology of the study be changed and the question asked "How can we increase the economic benefits?" In response to Council Member Lopez' question, Mr. Ruth explained that although the City has excellent staff in house, the determination of economic benefit of a sports franchise, is a difficult process requiring some special skills which we do not have. The size of the investment which the City is contemplating also requires that there be economic benefit to the City and there is value in having that information. A13. 185: Determining that on the basis of the evidence submitted by Ms. Diana Hoard, Vice President of the Baldwin Company, that the property owner has complied in good faith with the terms and conditions of the Amended and Restated Development Agreement No. 88-03 for the period under review. A14. 139: Authorizing the following actions recommended by Intergovernmental Relations= House Appropriations Committee Rescission package to cut JTPA programs - OPPOSE. Long Beach Naval Shipyard continued operations - SUPPORT. ACA 7 (Morrissey) which would forbid unfunded state mandated programs - SUPPORT. AB 1522 (Brewer) which would change the vote requirement from 2/3 to a majority in the selection of City Members for appointment to the South Coast Air Quality Management District - SUPPORT. Proposed Internal Revenue Service regulations to prohibit the use of tax-exempt financing for a broad range of public purpose projects - OPPOSE. AB 318 (Katz) regarding municipal utility funds - OPPOSE. AB 37 (Pringle) regarding E1 Toro - County Reuse Planning Authority - SUPPORT. SB 74 (Leonard) regarding concealed weapon permits - OPPOSE. Mr. Phil Knypstra, 2520 Gelid Avenue, Anaheim. He stated that he believed the City Council should take additional time on each of the issues set forth in 151 CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTES - MARCH 21v 1995 A14. He believes the public should know how the Council feels on each of the above issues and it should not be voted as one consent calendar item. Council Member Tait indicated he would like additional time to review item Al4, one week would be sufficient. Mayor Daly commented that one of the legislative actions - support for AB37 (Pringle) concerning E1 Toro - County Reuse Planning Authority - is time sensitive, and it is important that the City Council go on record for that one issue, the others may be continued one week. The Council Members concurred, and authorized support for AB37 and continued the remainder of item A14 for one week. A15. 123~ Approving an Agreement and Mutual Release between the City of Anaheim and the National Broadcasters Hall of Fame, Inc., to terminate all rights under their sublease agreement date February 1, 1994, for the leasing of 3,000 square feet of space at Anaheim Stadium, and to mutually release each other thereunder, from all obligations. Council Member Feldhaus noted that he can understand wanting to terminate this lease, but asked why the City wants to forgive the amount of money owed, approximately $40,000. Mr. Ruth explained that the organization has filed bankruptcy and the principal has had a heart attack, and there appear to be no assets from which to recover any money. Oreg Smith noted that there were two letters forwarded to the owner in New Jersey without results. City Attorney Jack White advised that the City has the ability to file a suit against the corporation and could in all likelihood obtain a judgment for the $40,000, but the difficulty is in being able to execute the judgment if there are no assets. It is therefore Staffs' belief this is not cost effective. At the conclusion of discussion, item A15 was continued for one week. A16. 114= Approving minutes of the City Council meeting held March 7, 1995. Roll Call Vote on Resolution Nos. 95R-40 through 95R-43, both inclusive, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution Nos. 95R-40 through 95R-43, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5485 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Ordinance No. 5485 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. 152 CITY OF ANAHEIH, CALIFORNIA - COUNCIL MINUTES - MARCH 21, 1995 BOARD AND COMMISSION ITEM: A17. 105: APPOINTMENT TO FILL THE PI2tNNING COMMISSION VACANCY: Appointment to the Planning Commission to fill the vacancy of Tom Tait (term expires June 30, 1996). (Continued from the meetings of March 7, 1995, and March 14, 1995.) t Mayor Daly nOminated Paul Bostwick for appointment to the Planning Commission. Council Member Lopez nominated Bob Napoles for appointment to the Planning Commission. On motion by Mayor Daly, seconded by Council Member Feldhaus, the nominations were closed. MOTION CARRIED. ALL AYES. City Attorney Jack White recalled for Council that they have in fact recently adopted a resolution requiring a minimum of three votes to appoint. The Council will vote on the two nominations in the order made, and the one receiving the most votes, provided there are a minimum of three, will be declared appointed. Abstentions do not count as yes votes. ROLL CALL VOTE: APPOINTMENT OF PAUL BOSTWICK TO THE PLANNING COMMISSION AYES: Tait, Zemel, Feldhaus, Daly NOES: Lopez ABSTAIN: None ROLL CALL VOTE: APPOINTMENT OF BOB NAPOLES TO THE PLANNING COMMISSION AYES: Zemel, Lopez NOES: Feldhaus, Daly ABSTAIN: Tait The City Clerk announced that Mr. Paul Bostwick, having received four affirmative votes, is appointed to the Planning Commission. A18. 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. (Continued from the meeting of March 14, 1995. ) Mayor Daly declared the hear£ng open and asked if anyone wished to speak. Jeff Kirsch, 2661 West Palais. He noted that the increase was initiated by the Angels, but questioned who receives the revenue? Greg Smith explained that under the current agreement with the Angels, the split is 50/50. Under the Rams football agreement, the split is 50/50 after taking the parking lot expenses out~ for other events (motorsports etc.) 100% of the revenue and expense accrue to the City. 153 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - MARCH 21, 1995 It was also noted in response to Council questions that the last increase for Angel's parking was from $4 to $5 and took place before the 1992 baseball season; that it is the Angels' who have ultimate approval on the increase and timing of it, but this item was brought forward by the Angel owners. The parking rate is a market-driven fee to help reimburse the Stadium for its coBts. There were no additional persons who wished to speak. At the conclusion of discussion, Mayor Daly stated that if the Stadium does not recoup its costs, then the City is in a position of subsidizing it. The increase reflects market realities and the City needs the Stadium to at least break even. RESOLUTION NO. 95R-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REVISING THE PARKING FEES AT ANAHEIM STADIUM. Mayor Daly offered Resolution No. 95R-44 for adoption. Refer to Resolution Book. Roll Call Vote on Resolution No. 95R-44 for adoption: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: Lopez, Feldhaus, Daly Tait, Zemel None The Mayor declared Resolution No. 95R-44 duly passed and adopted. MOTION: Mayor Daly moved to authorize the City Manager to approve the proposal by the California Angels to increase the season parking fee from $500 per season to $550 per season. Council Member Lopez seconded the motion. MOTION CARRIED. (Council Members Tait and Zemel voted No.) ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 2, 1995= BI. 179: CONDITIONAL USE PERMIT NO. 3743 AND NEQATIVE DECLARATION: OWNER: AUDREY S. PASHLEY, Trustee, 2404 Vista Nobleza, Newport Beach, CA 92660 AGENT: EVA SLOAN, CRHO, INC., 195 South "C" Street, ~200, Tustin, CA 92680 LOCATION: 2580 West La Palma Avenue. Property is approximately .50 acret located at the southwest corner of La Palma Avenue and Magnolia Avenue. To permit on-premise sale and consumption of beer and wine within an existing fast food and drive-through restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3743 APPROVED (Zoning Administrator Decision No. 95-02). Approved Negative Declaration. B2. 179: CONDITIONAL USE PERMIT NO. 3744 AND NEGATIVE DECLARATION: OWNER: SPYRIDON RADOS, 2401 North Nicolas Drive, Fullerton, CA 92633 154 CTTy OF ANP, HE'rM~ CALIFOI~I~, - COUNCTL ~INUTES - N~%RCH 21~ ~995 LOCATION: 605 South Brookhurst Street (Spiro's Restaurant). Property is approximately 0.61 acre located at the southwest corner of Orange Avenue and Brookhurst Street. To permit a 720 square foot expansion of an existing 3,661 square foot enclosed restaurant with on-premise sale and consumption of beer and wine. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3744 APPROVED (Zoning Administrator Decision No. 95-03). Approved Negative Declaration. No action was taken by the City Council on items BI and B2. B3./B4. 179: ORDINANCE NOS. 5487 ~%ND 5488 FOR INTRODUCTION: Ordinance No. 5487, amending Section 18.04.080 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code relating to exemptions from certain dedication and improvement requirements; and Ordinance No. 5488, amending Title 18 to rezone property under Reclassification No. 70-71-47(42) located at 1391 North Jefferson Street from the RS-A-43,000 zone to the ML zone. Mayor Daly offered Ordinance Nos. 5487 and 5488 for first reading. ORDINANCE NO. 5487: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.04.080 OF CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO EXEMPTIONS FROM CERTAIN DEDICATION AND IMPROVEMENT REQUIREMENTS. ORDINANCE NO. 5488: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 70-71-47(42) LOCATED AT 1391 NORTH JEFFERSON STREET FROM THE RS-A-43,000 ZONE TO THE ML ZONE. BS. 179: ORDINANCE NO. 5486 FOR ADOPTION: 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. (Introduced at the meeting of March 14, 1995.) Mayor Daly offered Ordinance No. 5486 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5486: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING HAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 91-92-23 located at 899 South West Street from the CR zone to the RS-7200 zone.) Roll Call Vote on Ordinance No. 5486 for adoption: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Ordinance No. 5486 duly passed and adopted. C1. 173: PROPOSED RATE ADJUSTMENT FOR YELLOW CAB 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. 155 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - MARCH 21, 1995 $22.00 per hour waiting time and traffic delay. (Continued from the meeting of March 14, 1995, Item Cl.) Planning Director Joel Fick advised that the proposed fees and other parts of this proposal are consistent with what has been adopted in neighboring cities. Council Member Lopez indicated that he has received all the information and has had his questions answered in this intervening week. Mayor Daly asked if anyone wished to speak on this issue, and there was no response. MOTION= Mayor Daly moved to approve the rate adjustments for the Yellow Cab Company as set forth above. Council Member Feldhaus seconded the motion. MOTION CARRIED. (ALL AYES). C2. COUNCIL CO--NTB: There were no Council comments. C3. 112: REPORT ON CLOSED SESSION ACTIONS: city Attorney White stated that there are no actions to report. D1. 000: PUBLIC HE~RING - PUBLIC STREET FACILITIES PLAN - ESTABLISHMENT OF A CERRITOS ~VENUE/DOUGL~S~ ROAD /~ItEA STREET REIMBURSEMENT FEE PROGRAM: 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. Continued from the meeting of March 14, 1995.) The public hearing on Public Street Facilities Plan for establishment of a Cerritos Avenue/Douglass Road Area Street Reimbursement Fee Program was continued two weeks to the meeting of April 4, 1995 as requested by both principals, on motion by Mayor Daly, seconded by Council Member Zemel. MOTION CARRIED. (ALL AYES). ADJOURNMENT= By general consent, the City Council meeting was adjourned. (7:32 p.m.) LEONORA N. SOHL, CITY CLERK 156