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1995/04/04CITY OF ~NAHEIM· CALIFORNIA - COUNCIL MINUTES APRIL 4· 1995 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 UTILITIES GENERAL MANAGER: Edward Aghjayan POLICE CHIEF: Randall Gaston DEPUTY CITY MANAGER: Tom Wood INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson STREETS AND SANITATION MANAGER: Doris Roush PLANNING DIRECTOR: Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:30 p.m. on March 31, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:10 p.m. 175: FIVE-YEAR UNDERGROUND CONVERSION PLAN - PUBLIC UTILITIES DEP~RTMENT Ed Aghjayan, Public Utilities General Manager, presented the Underground Conversion Program, Five Year Plan, noting the presentation had been delayed three months because of two factors: 1) the Orange County Bankruptcy which caused uncertainty about the public works projects to be funded by the County; and 2) the negotiations between the Utility and Pac Bell concerning the funding of their portion of the undergrounding program, which have been worked out for the forseeable future. The Public Utilities Department presented a slide show containing text as written in the handout presented Council this date, and also "before" and "after" pictures of completed projects. To bring the newer Council Members up to date, Mr. Aghjayan gave a brief history of the project and its funding. The remainder o~ the workshop was devoted to the plan for undergrounding during the next five years, 1995/1996 - 1999/2000. The proposed plan expenditure is $45.9 million, whereas $48 million had been approved. This is due to revised sales forecasts which predict less revenue. He reviewed the projects selected for this five year plan, and the criteria used for selection (included in handout on file in City Clerk's Office). At the conclusion of the presentation, Mayor Daly thanked the Utilities Department for the briefing. He noted that he has heard only positive comments about the undergrounding and that the projects completed are already paying high dividends for the City. CITY OF AN~HEIMv CALIFORNIA - COUNCIL MINUTES - APRIL 4v 1995 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 PURSUART 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 LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Bola Industries v. Anaheim Center Associates, Orange County Superior Court Case No. 73-53-00. 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: Dave Hill Employee organization: Anaheim Police Association CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Mary Klevies vs. City of Anaheim, et al. v. City of Anaheim, et al., Orange County Superior Court Case No. 70-42-58. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Tait seconded the motion. MOTION CARRIED. (3:45 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:45 p.m.). INVOCATION: Reverend Adam D. McCoy, St. Michael's Episcopal Church, gave the invocation. FLAG SALUTE: Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995 119: DECI~a~I~%TION OF RECOGNITION: Declarations of Recognition were unanimously adopted by the City Council recognizing the following retiring long-term City Employees and were presented to these employees: Ben Ramirez, Fire Department; Jack Jessen, Police Department; John Johnson, Utilities Department. 119= DEC/~tRATION OF RECOGNITION= A Declaration of Recognition was unanimously adopted by the City Council recognizing the Electric Utility Centennial. This was accepted by Public Utilities General Manager Ed Aghjayan. 119: PROCLAMATION: The following proclamation was issued by Mayor Daly and authorized by the City Council: Recognizing National Birth Center Week in Anaheim April 2 - 8, 1995 Accepted by Dr. B. J. Snell, U. C. Irvine Birthing Center FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,787,101.42 for the period ending March 31, 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. (6:08 p.m.) Mayor Daly reconvened the City Council meeting. (6:13 p.m.) ADDITIONS TO THE AGENDA: On motion by Mayor Daly, seconded by Council Member Zemel, the City Council made the finding that there is a need to take immediate action and to add item 23A. regarding the Sixth Proclamation of the Existence of a Local Emergency - Santiago Landslide and Pegasus Landslide to the agenda this date, and that this need for action came to the attention of the City subsequent to the agenda being posted on Friday, March 31, 1995. Motion Carried. ITEMS OF PUBLIC INTEREST: Gholam Amiri, 2209 East Nyon Avenue, Anaheim. He owns property at 1801 Alcove Way, reported on difficulties with the sewer at this location. These were determined to be the result of roots growing into the sewer from a tree planted by the City. He has been requesting that the City either remove the tree or contain the roots, without success. Mayor Daly requested that the City Manager's Office look into the situation described by Mr. Amiri, to determine if there are any steps to be taken by the City. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items A4, Al4, Al5, Al8 and A21 (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 April 4, 1995. Council Member Feldhaus seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, 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 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995 Calendar; Mayor Daly offered Resolution Nos. 95R-50 through 95R-54, both inclusive, for adoption and offered Ordinance No. 5489 for introduction. Refer to Resolution 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 George M. Cook for property damage sustained purportedly due to actions of the City on or about September 7, 1994. b. Claim submitted by Jeff Lawson for property damage sustained purportedly due to actions of the City on or about January 11, 1995. c. Claim submitted by P. Kay Metal Supply, Inc., attn: Cindy Flame, for property damage sustained purportedly due to actions of the City on or about March 3, 1995. d. Claim submitted by Sheryl Monsalve for property damage sustained purportedly due to actions of the City on or about February 16, 1995. e. Claim submitted by Ricardo Escovar Lara, c/o Isaac Nalive, esq., for property damage and bodily injury sustained purportedly due to actions of the City on or about January 31, 1995. f. Claim submitted by Roland G. Garcia for property damage sustained purportedly due to actions of the City on or about March 3, 1995. g. Claim submitted by Joseph ~anderwoude for property damage and bodily injury sustained purportedly due to actions of the City on or about December 1, 1994. : h. Claim submitted by Micha~T and Orba Smith for property damage sustained purportedly due to actions of the City on or about February 12, 1995. i. Claim submitted by Dok Wha Paek for property damage sustained purportedly due to actions of the City on or about February 8, 1995. A2. 105: Receiving and filing minutes of the Public Utilities Board meetings held January 5, and February 2, 1995. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of February, 1995. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held February 22, 1995. A3. 123: Approving Program Supplement No. 013 (State-Local Transportation Partnership Program Agreement) with the California Department of Transportation for the East Street project between Lincoln Avenue and Broadway. A4. 158: Granting a 6-foot x 12-foot easement to Pacific Bell for a telephone equipment cabinet at Juarez Park. 4 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995 Randy Johnson, spoke on behalf of Pacific Bell in favor of item A4, a telephone improvement cabinet, to be located in Juarez Park. This wall make Anaheim one of the first cities to have state of the art technology to provide for telecommuting. Pac Bell wants to continue its partnership with the City. AS. 170: Approving Parcel Map No. 93-156, said parcel being located on the north side of Sanderson Avenue, south side of Auto Center Drive, and east side of 57 Freeway (1300-1382 Auto Center Drive). 176: RESOLUTION NO. 95R-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (ABANDONMENT NO. 95-2A) (Setting a public hearing date to consider abandoning that portion of Sanderson Avenue lying south of Phoenix Club Drive, easterly approximately 263 feet from Auto Center Drive. (Suggested public hearing date: May 2, 1995, at 6:00 p.m.) A6. 132: ORDINANCE NO. 5489 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 10.12.010 AND 10.12.040 OF CHAPTER 10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO MAINTENANCE OF THE WASTEWATER COLLECTION AND DISPOSAL SYSTEM. A7. 160: Accepting the low bid of West-Lite Supply Company, in the amount of $94,368.06 for 1,436 H.P.S. Luminaires; and 90 Polycarbonate Shields, in accordance with Bid #5366. AS. 132: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Motorola Communications, in the amount of $25,200 for the repair and maintenance of 100 mobile data terminals, for a one year period beginning July 1, 1995. A9. 152: RESOLUTION NO. 95R-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN CITY EMPLOYEES TO ACT AS REPRESENTATIVES OF THECITY FOR THE ACQUISITION OF FEDERAL SURPLUS PERSONAL PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY RELATED DOCUMENTS. Al0. 156: RESOLUTION NO. 95R-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AFFIRMING THAT THE PROVISIONS OF PENAL CODE SECTIONS 7500 ET SEQ. RELATING TO HIV TESTING OF PERSONS IN CUSTODY OF LAW ENFORCEMENT SHALL BE OPERATIVE IN THE CITY OF ANAHEIM. All. 123: Approving the 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 dated 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. (Continued from the meetings of March 21, and March 28, 1995.) At the request of the City Manager this item was removed from the agenda. A12. 139: Authorizing the following action recommended by Intergovernmental Relations: (Continued from the meetings of March 21 and March 28, 1995). SB 74 (Leonard) regarding concealed weapon permits - OPPOSE. CITY OF ANAHEIMt CALIFORNIA - COUNCIL MINUTES - APRIL 4t 1995 At the request of Council Members, Police Chief Randy Gaston stated that SB74 is no longer supported by the League of Cities, that the bill greatly restricts local authority in what criteria may be used to issue concealed weapons permits. Refusal of a permit for good cause would be subject to appeal to the Attorney General, and if the City loses the appeal it is obligated to pay the costs for it. For these reasons, SB74 is not considered to be a step in the right direction. Concerning SB43 and a number of others on this issue, the analysis has not been completed yet, but basically the Police Department would recommend opposition to SB74 and believes the present law should remain as it is. On motion by Council Member Zemel, seconded by Council Member Tait, item A12 was continued for two weeks to the meeting of April 18, 1995. MOTION CARRIED. Al3. 1235 Approving an Agreement with the Cinco de Mayo Fiesta Committee for the presentation of the 24th Annual Cinco de Mayo Fiesta at La Palma Park on April 29 and April 30, 1995. Council Member Lopez recognized Joel Guerena for the hundreds of hours he gives to this event each year. He is personally supportive and glad the Council can help the event. A14. 160: Approving the issuance of a Request For Proposals for Telecommunications Development as requested by the City Council at their workshop on March 7, 1995. Karon Kalin, Director of Public Affairs for Pacific Bell, spoke regarding the March 7th workshop on telecommunications and the resultant request for proposals on the Council Agenda this date'. She asked that prior to voting on this issue the Council consider the following: all aspects of the telecommunications arena, except the 8-12 mile local loop, are already open to competition; (the local loop will be competitive as of June 1, 1997); is the City prepared to compete with the giant corporations in this very capital intensive arena; the financial stability of some of the city's potential partners; the 5% user fee will deter business from Anaheim; is it a level playing field when the city is involved with private corporations in competition; is the city prepared to handle emergencies and for the high cost of keeping up with this technology. She offered to provide Pac Bell's insight and knowledge of competition at a workshop for the City Council and requested that the Council postpone the current RFP for a period of 30 days so that this could take place. Floyd Farano 2100 South State College Blvd., Anaheim, encouraged the City Council to go forward with the RFP, as the technology advancements offer the City exciting opportunities. He has monitored the meetings of the advisory committee and feels they, and staff have done a good job in writing the RFP in a broad manner, giving opportunity to everyone including Pac Bell to respond. Council Member Feldhaus voiced concern that the RFP being returned on June 5th would not provide sufficient time for companies to form teams or joint ventures. He also questioned the mention of utility poles in the documents, because of the undergroun conversion project. Mr. Aghjayan commented that he and his staff believe the venture teams will happen quickly and easily. Concerning poles, the City owns rights of way on existing overhead systems, and that space will be available and doesn't alter the City plans for undergrounding. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995 In response to the concerns raised by Pacific Bell, Mr. Aghjayan noted that the RFP does not propose the City compete with telecommunications giants, but does allow for these companies to compete with each other; no 5% fee is actually proposed at this time; Pac Bell would certainly be a potential partner for the City. Mayor Daly commented that the process is to receive the proposals and refer them to the Advisory Committee established by Council. At the conclusion of discussion, with reference to the offer by Pac Bell to do a workshop on'the subject, it was determined that City Council did want additional information, but that this would be provided by staff in the Utilities Department, and not Pac Bell because of the competitive situation which exists once the RFP is out. Al5. 175: Approving the proposed fiscal years 1995/96 to 1999/00 Five Year Electric Underground Conversion Plan with an estimated capital cost of $45.9 million. Jeff Kirsch, 2661 West Palais Road, Anaheim voiced the opinion that due to the City's economic situation that the undergrounding conversion project should be postponed. The financing of $45 million was not a problem several years ago but the current situation makes this a project in terms of priorities which should be postponed. A16. 175: Ratifying the Public Utilities General Manager's action in executing the ballot to reject the Amended Plan of Reorganization in the Chapter 11 Bankruptcy Case of San Lorenzo Nursery Company; and authorizing the Public Utilities General Manager to execute any necessary documents to reject the Plan, on behalf of the City. A17. 123: Approving Caltrans Agreements Nos. 12UT-12355 and 12UT-12217 to locate, mark and expose water facilities within Segments "A" and "B" of the I-5 Freeway widening project, and authorizing the Public Utilities General Manager to execute and deliver the Agreements in the forms hereby approved on behalf of the City, with such additions thereto and changes therein as are approved by the Public Utilities General Manager. Al8. 175: RESOLUTION NO. 95R-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING SUBMITTAL OF AN APPLICATION FOR AND ACCEPTANCE OF A GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A USED OIL RECYCLING PROGRAM AND AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THE PROGRAM. Phillip Knypstra, 2520 Gelid Avenue, Anaheim, objected to item A21 on the basis that this is not an appropriate area for the Public Utility to be involved and mingles general fund services with the Utility. He also questioned whether this is a one-time grant and will the public utility be responsible for that money. Mr. Ed Aghjayan responded that the proposed oil recycling program is to accept $200,000 from the State to protect the City's underground water system. The Utility in Anaheim provides both water and electric service, and the quality of underground water is of concern and importance to them. Al9. 105: Declaring all seats on the Budget Advisory Commission vacant, effective as of April 20, 1995; instructing the City Clerk to post the CITY OF ~NAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995 existence of all such vacancies as required by law; and encouraging all current Commission members to reapply for appointment. (The purpose of this action is to reconstitute the Commission following the adoption of Ordinance No. 5485 reducing the size of the Commission from ten to seven members.) A20. 123: Approving Amendments to Agreements with Disneyland and Disneyland Hotel for additional police services. A21. 000: RESOLUTION NO. 95R-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO IMPLEMENT CERTAIN INCREASES AND DECREASES IN THE RATES CHARGED TO ANAHEIM CUSTOMERS FOR SOLID WASTE COLLECTION AND DISPOSAL. Phillip Knypstra, 2520 Gelid Avenue, Anaheim, pointed out that the City Manager in this item is asking for approval for rate increases for solid waste collection, in case the County raises the gate fee. This rate increase will be enacted without any public debate. Jeff Kirsch, 2661 West Palais Road, Anaheim, stated that the automatic passing on of the increase in rates eliminates any opportunity for negotiating with the County on these. He recommends the Council vote no. City Manager James Ruth explained that it is anticipated the County will raise the landfill "tip" fee, maybe as much as 100%, and this is of concern as the City's reserves would last about 90 days. The City's billing cycle, together with the process required to raise fees, would place the reserve and the general fund in jeopardy. This authorization would include only this particular fee and is requested due to the unusual circumstances, and to protect the general fund. Tom Wood, Deputy City Manager, in response to Council, advised that the solid waste fund will have $2.2 million at the end of this fiscal year, the projected raises in tipping fee rates could go from $600,000 to $900,000 per month. The problem is that this would be an immediate increase, and the City would have a 60-day lag time to implement a rate increase. Doris Roush, Streets & Sanitation Manager, advised that the impact of the estimated rate increase at $35.00 per tip on the residential rate payer would amount to $4.00 per household per month. Bill Taormina, 1131 North Blue Gum, Anaheim. He advised that comparable land fill rates in the urban area are anywhere from $75 to $15 per ton. He related the history of the 1990 Orange County increase where his firm diverted waste to the Los Angeles area and enjoyed lower rates. This caused the Orange County rates to be frozen for five years, and the County System has been operating at a $50 million deficit. He noted that the City of Anaheim will be in a better position than most cities because of its recycling program, Anaheim pays only for what is in the black barrel, whereas other cities pay for everything at curbside. At the conclusion of discussion Mayor Daly and Council Member Lopez requested that the City Manager inform the City Council Members immediately when the rate increase happens. Additionally, Mayor Daly voiced concern that the cities have an opportunity to respond to this increase, and that the County provide adequate notice to cities and rate payers of the increase. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995 A22. 123: Approving an Agreement with Anaheim Union High School District for the period of June 1, 1995 through September 30, 1995, to facilitate Summer Sports Camps. A23. 114: Approving minutes of the City Council meeting held March 21, 1995. A23A. 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 Ciyt of Anaheim, and taking no action to terminate the local emergency at this time. Roll CaLl Vote on Resolution Nos. 95R-50 through 95R-54, 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-50 through 95R-54, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. A24. 130: PUBLIC HEARING - RENEWAL OF MULTIVISION CABLE TELEVISION'S FRANCHISE WITH THE CITY OF ANAHEIM: To solicit public input regarding the renewal of a non-exclusive cable television service franchise with MultiVision Cable Television in the City of Anaheim. STAFF REPORT: Kris Thalman, Intergovernmental Relations Officer noted that the City is in the process of renewing the franchise for Multivision Cable Television which expires June 25, 1997. Additionally they have requested this franchise be transferred to Century Cable. The transfer will be considered as part of the renewal process. The purpose of this hearing is to receive public comment, to be included in the record. In response to Council question, Ms. Thalman advised that the City is certified to regulate rates with the FCC guidelines. Any change in rates will be considered as part of the transfer process to insure that rates are not increased. Mayor Daly opened the public hearing and invited comments. Jeff Kirsch, 2661 West Palais Road, stated although he is not a subscriber, he has had contact with Multivision and has had good to excellent experience. He noted that he took the public access cable tv classes. They also provided excellent coverage of the local election campaigns, even to placing tapes of the debates in the public library system. He suggested that the City and Multivision consider a partnership to replace the duct-tape used for connections in the Council Chamber weekly with a hard conduit link. There were no other public comments. Mayor Daly closed the public hearing. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995 MOTION: Motion was made by Mayor Daly, seconded by Council Member Zemel that the public comments received be referred to staff for analysis. MOTION CARRIED. ITEMS B1 - B2 DECISION DATE: 1995 FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 16, 1995: MARCH 23, 1995 INFORMATION ONlY - APPEAL PERIOD ENDS APRIL 7, B1. 179: CONDITIONAL USE PERMIT NO. 3633 AND NEGATIVE DECLARATION= OWNER: HARVEY OWEN, 8021 Ninth Street, ~D-2, Buena Park, CA 90621 AGENT: HAKAM ISSA, 2535 West Lincoln Avenue, ~29, Anaheim, CA 92801 LOCATION: 1732 South Euclid Street. Property is approximately 0.55 acre, having a frontage of approximately 102 feet on the east side of Euclid Street, having a maximum depth of approximately 232 feet and being located approximately 300 feet north of the centerline of Katella Avenue. Petitioner requests an amendment to conditions of approval to permit alcoholic beverages in addition to beer and wine (previously approved) within an existing restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3633 APPROVED (Zoning Administrator Decision No. 95-04). Negative Declaration. REPORTS AND RECOMMENDATIONS= B2. 179= VARIANCE NO. 4248 - SUBSTANTIAL CONFORMANCE REVIEW= REQUESTED BY: MARK H. AND KAMALA BALAN, 406 South Mohler Drive. LOCATION: 406 South Mohler Drive. Petitioner requests substantial conformance review pertaining to layout and design of the proposed detached structure, with waiver of structural setback and yard area requirements to construct a detached recreation room with roof-top sun deck. ACTION TAKEN BY THE ZONING ADMINISTRATOR: APPROVED revised plans as being in substantial conformance with previously approved plans on file. END OF THE ZONING ADMINISTRATOR ITEMS. ITEMS B3 - Bi0 FROM THE PLANNING COMMISSION MEETING OF MARCH 20, 1995 INFORMATION ONlY - APPEAL PERIOD ENDS APRIL 11, 1995: B3. 179= CONDITIONAL USE PERMIT NO. 3718 AND NEGATIVE DECLARATION= OWNER: THRIFTY OIL COMPANY, Attn: Gerald Greenberg, 10000 Lakewood Blvd., Downey, CA 90240 LOCATION: 1881 West Ball Road {Thrifty 0il Service Station). Property is 0.43 acre located at the northeast corner of Ball Road and Nutwood Street and described as 1881 West Ball Road (Thrifty Oil Service Station). Petitioner requests amendment to conditions of approval pertaining to removal of service station structures. ACTION TAKEN BY THE PLANNING COMMISSION: Amendment to conditions of approval of Conditional Use Permit No. 3718 DENIED (PC95-29) (6 yes votes, i vacancy). Negative Declaration previously approved. 10 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995 54. 179: RE(ffr.~SSIFICATION NO. 94-95-06 AND NEGATIVE DECLARATIONs OWNER: CLAYTON EUGENE SCARBROUGH, TRUSTEE, DONNA J. SCARBROUGH, TRUSTEE, P.O BOX 18957, Anaheim, CA 92817 AGENT: PENINSULA CENTER, Attn: James A. Hayes, 655 Deepvalley Drive, Ste 125, Rolling Hills Estates, CA 90274 LOCATIONs 1400 South Douqlass Road (Oranqe Tree Mobilehome Park). Property is approximately 25 acres located on the east side of Douglass Road approximately 1080 feet north of the centerline of Katella Avenue with a frontage of approximately 995 feet on the east side of Douglass Road. Petitioner requests reclassification of the subject property from the RS-A-43,000 (MHP) (Residential/Agricultural~ Mobilehome Park Overlay) Zone to the RS-A-43,000 (Residential/Agricultural) Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 94-95-06 GRANTED (PC95-30) (6 yes votes, 1 vacancy). Approved Negative Declaration. 55. 179: CONDITIONAL USE PERMIT NO. 3656 AND NEGATIVE DECLARATION: OWNER: LEILA LOUISE SLAYTON AND RALPH E. SLAYTON, 2660 W. Lincoln Ave., Anaheim, CA 92801 AGENT: .KAMLESH PATEL, 2662 W. Lincoln Ave., Anaheim, CA 92801 LOCATION: 2662 West Lincoln Avenue. Property is approximately 0.49 acres located at the southwest corner of Lincoln Avenue and Stinson Street. Deletion or modification of conditions pertaining to on-premise sale and consumption of beer and wine in a 2,264-square foot restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: Amendment to CUP NO. 3656 APPROVED to expire 3/20/96 (PC95-31) (6 yes votes, I vacancy). Negative Declaration previously approved. 56. 179: WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3747 AND NEGATIVE DECLARATION: OWNER: CANYON PLAZA SHOPPING CENTER, IMPERIAL PROPERTIES, Attn: James E. Dobrott, 3146 Red Hill, Ste. ~150, Costa Mesa, CA 92626 AGENT: HARRY S. WEINROTH, P.O. BOX 1566, San Juan Capistrano, CA 92693 LOCATION: 5741~ 5757 and 5791 Santa Ana Canyon Road. Property is approximately 15.33 acres located at the northeast corner of Santa Aha Canyon Road and Imperial Highway and further described as 5741, 5757 and 5791 East Santa Ana Canyon Road. To permit 1,500-square feet of outdoor seating area in conjunction with various restaurant uses with waiver of minimum number of required parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3747 GRANTED (PC95-32) (6 yes votes, 1 vacancy). Waiver of code requirement APPROVED. Approved Negative Declaration. 57. 179~ CONDITIONAL USE PERMIT NO. 3749 AND NEGATIVE DECLARATION: OWNER: ELLAS PROPERTIES INCORPORATED, 5395 E. La Palma Avenue, Anaheim, CA 92807 AGENT: WARE AND MALCOMB ARCHITECTS, Attn: John Thomas, 18002 Cowan, Irvine, CA 92714 LOCATION: 1400 N. Brasher Street. Property is approximately 1.34 acres located on the east side of Brasher Street and approximately 810 feet north of the centerline of La Palma Avenue. 11 CITY OF ANAHEIMt CALIFORNIA - COUNCIL MINUTES - APRIL 4t 1995 To permit a business office in the ML (Limited Industrial) Zone. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3749 GRANTED (PC95-33) (6 yes votes, I vacancy.) Approved Negative Declaration. B8. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3748 AND NEGATIVE DECLARATION: OWNER: RICHARD C. HUNSAKER, TRUSTEE of The Hunsaker Family Trust, P.O. Box 2423, Santa Ana, CA 92707 AGENT: Vince Scocozza, 324 S. Palo Cedro, Diamond Bar, CA 91789 LOCATION: 2765 Reqal Park Drive. Property is approximately 1.5 acres located on the north side of Regal Park Drive and approximately 240 feet west of the centerline of Blue Gum Street and further described as 2765 Regal Park Drive. To permit a physical fitness training center (Kung Fu School) with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3748 GRANTED (PC95-34) (6 yes votes, 1 vacancy). Approved waiver of code requirement. Approved Negative Declaration. Bg. 179: VARIANCE NO. 4269 AND NEGATIVE DECLARATION: OWNER: RUDOLPH M. BRACHO, ROSEMARIE BRACHO, STEPHEN C. WILLIAMS, and MONICA HORMAZA WILLIAMS, 18997 Villa Terrace, Yorba Linda, CA 92686 LOCATION: 122 South Walnut Street. Property is approximately 0.13 acre located on the south side of Walnut Street and approximately 300 feet south of the centerline of Center Street. Waivers of minimum floor area, minimum structural setback and minimum number of parking spaces to retain a second dwelling unit. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4269 DENIED (PC95-35) (6 yes votes, i vacancy). Approved Negative Declaration. REPORT AND RECOMMENDATION ITEMSI B10. 179: CONDITIONAL USE PERMIT NO. 3667 - SUBSTANTIAL CONFORMANCE DETERMINATION REQUEST: REQUESTED BY: BUNDY, FINKEL ARCHITECTS, ATTN: TIMOTHY BUNDY, 20331 Irvine Avenue, Suite 7, Santa Ana Heights, CA 92707 LOCATION: 125 N. Brookhurst Street. Petitioner requests substantial conformance determination for a freestanding sign (adjacent to Brookhurst Street) in conjunction with Conditional Use Permit No. 3667 (to permit a full-service carwash with related retail sales area a self-serve automated carwash and an automobile lube/oil facility). ACTION TAKEN BY THE PLANNING COMMISSION: Determined that the freestanding sign, as modified at the meeting, is in substantial conformance. Bll. 179: CONDITIONAL USE PERMIT NO. 3658 - REQUEST FOR EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVALs REQUESTED BY: C.B. Commercial, Attn: Jacqueline Ortega, 3501 Jamboree Rd., $100, Newport Beach, CA 92660 LOCATION: 5620 E. Santa Aha Canyon Road. Petitioner requests an extension of time to comply with conditions of approval for Conditional Use Permit No. 3658 (to permit an 8,710-square foot semi-enclosed restaurant with on premise sale and consumption of 12 CITY OF ANAHEIH, CALIFORNIA - COUNCIL MINUTES - APRIL alcoholic beverages and roof-mounted equipment and with waiver of minimum number of spaces) to expire March 7, 1996. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED request for extension of time to comply with conditions of approval for CUP NO. 3658 (to expire 3/7/96). END OF THE PLANNING COMMISSION ITEMS. DL. 000-' CONTINUED PUBLIC HEARING - PUBLIC STREET FACILITIES PLAN ESTABLISHMENT OF A CERRITOS AVENUE~DOUGLAS8 ROAD AREA STREET REIMBURSEMENT FEE PROGRAM: TO consider the adoption of a resolution establishing the Cerr£tos 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 meetings of March 14, and March 21, 1995. ) Published: North Orange County News - February 9 and February 16, 1995. STAFF REPORT: Gary Johnson, Public Works Director, stated this hearing is the result of a request submitted by Tejas Partners for establishment of a benefit district concerning the improvements made on Douglass Road and Cerritos Avenue, as required in Conditional Use Permit No. 3700. Staff initiated a study to allocate costs on a fair share basis to all properties. Mr. Johnson referenced the letters submitted and comments developed in response to these in the March 27th staff report. The City Council options are to approve the request by Tejas and the staff recommendation; to approve the request and modify the staff recommendation; or, to deny the request. Mr. Johnson also explained that in the process of establishing a reimbursement district the costs are to be assigned to properties which benefit from the improvements, and the City is not directly involved in the fee program. In this case there are two properties and those are the only two which have been assigned assessments. The fee proposed is a staff recommendation. Jack White, City Attorney clarified for Council and the record that the documents constituting the record of this issue are as follows: Staff report dated March 1, 1995. Staff report dated March 27, 1995. Notice of Public Hearing published January 26, 1995 The Cerritos Avenue Douglass Road Street Reimbursement Fee Study dated January 1995. Letters from 1) Tejas Partners dated March 9, 1995; 2) Hart, King & Coldren dated March 10, 1995; 3) Clayton Eugene Scarbrough dated March 3, 1995; Mayor Daly opened the public hearing. William Allen, on behalf of Tejas Partners, stated that the creation of this benefit assessment district was requested by their firm. He noted that the City's report allocates the cost according to frontage on Douglass Avenue, whereas they believe it would be more fair to establish the cost according to acreage. Robert Mulvihille, representing Campanula Properties, holder of a long-term lease on parcel B, which is currently the Orange Tree Mobile Home Park, stated 13 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995 that they would request the Council not establish the cost reimbursement district. He submitted a supplementary letter dated April 4, 1995 outlining the reasons for their opposition. (Mr. Mulvihille read the reasons for opposition into the record.) There were no additional persons to speak. Mayor Daly closed the public hearing. Jack White, City Attorney addressed his responses to a number of legal issues raised by Mr. Mulvihille as follows: Regarding the statement that parcel B is not "undeveloped property" - Mr. White submitted copy of the conversion impact report submitted in a hearing which has been proceeding contemporaneously with this process on a different subject; also a statement submitted by OrangeTree Mobile Home Park dated January 15, 1995 indicating there were seven mobile homes existing in the park; extract from the minutes of the Planning Commission meeting of March 6, 1995 concerning the proposed Reclassification 94-95-06 relating to Orange Tree Mobile Home Park at which it is represented to the Planning Commission that there were only two tenants remaining in the park, and each had been served 60-day notices to vacate, and that the park had been closed since March 1, 1995. Consequently there is a situation where City staff believe the property is undeveloped to meet the requirement in the Code for establishment of a benefit district. Regarding the issue of retroactivity, too early or too late - Mr. White noted this process is authorized by the Municipal Code and does not violate due process of law. Section 17.08 provides that fees can be based on either the actual or estimated cost of improvements. The statement that the interest on fees commences to accrue on the date of completion of improvements or date of adoption of the plan for the benefit district, whichever is later, contemplates that the improvements can be in place. Regarding the issue of due process - Mr. White stated the whole purpose of this hearing is for due process. Notice was given, the City Council will have opportunity to make an appropriate decision, including whether the improvements are necessary, the cost and spread of the assessment. Regarding the fact that parcel B may not ultimately be used as a parking lot - Mr. White noted that regardless of its use, there will be some parking needs generated from the parcel. Later on, if the assessment is incorrect, there is a mechanism for changing the fees. Regarding the statement that the City Council has the ability to exclude a parcel if not to be developed within one year's time - Mr. White stated this is correct, but it is discretionary with the Council. Regarding Arena construction issues - Mr. White noted that the City's General Plan, written before the Arena was contemplated, provided for certain street improvements in this area. The EIR for the Arena identified specific mitigation measures. The street impacts were completely mitigated by improvements installed by the Arena project. 14 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES - APRIL 4~ ~995 COUNCIl DISCUSSION: Council Member Feldhaus stated his problem with this assessment is that no one knows what parcel B will generate as it is not known what use will be placed there. Council Member Tait also indicated that the use assumed for parcel B seems too speculative at this point. City Attorney Jack White suggested as an alternative that the City Council could consider placing a covenant (with the permission of the property owner) on the property to defer assessment until such time as development occurs. Mr. Mulvihille stated that he represents Campanula Properties, Inc. only, and cannot speak to that issue now, but is certainly willing to discuss it with his client. Jack White suggested that the matter be continued and in the interim, that Clayton Scarbrough be contacted regarding this alternative as well. MOTION: Mayor Daly moved to continue this public hearing for two weeks to the meeting of April 18, 1995. Council Member Lopez seconded the motion. Council Member Zemel voted no on this item. MOTION CARRIED. D2. 164= CONTINUED PUBLIC HE~RING - TO CONSIDER THE APPROVAL OF ORDINANCES TO AMEND TITLE 10, CHAPTER 10, OF THE ANAHEIM MUNICIPAL CODE, AND RESOLUTIONS FOR THE ESTABLISHMENT OF SANITARY SEWER AND STORM DRAIN IMPACT AND IMPROVEMENT FEES FOR THE SOUTH CENTRAL ~REA OF ANAHEIM: Continued from the meeting of March 28, 1995. The Ordinances proposed are: ORDINANCE NO. : Amending Chapter 10.12 of Title 10 of the Anaheim Municipal Code establishing a Sewer Impact and Improvement Fee for new and expanded development in the South Central City Area. ORDINANCE NO. : Adding Chapter 10.14 of Title 10 of the Anaheim Municipal Code establishing a Storm Drain Impact and Improvement Fee for new and expanded development in the South Central City Area of the City of Anaheim. Published: North Orange County News - February 9 and February 16, 1995. STAFF REPORT: Gary Johnson, Public Works Director noted that a presentation was made on March 28, 1995 and he would not repeat same, but would entertain questions. At Mayor Daly's request, Russell Maguire, Deputy City Engineer went over the maps and explained the boundaries of the drainage districts involved. Council Member Lopez questioned why the boundary for the South Central area goes all the way north to Lincoln Avenue and east to Sunkist Street. It was explained by Mr. Maguire that in order to establish any drainage area the City must consider for inclusion all of the area which is tributary to it and the area to which the water flows, so as to properly size the drainage facilities. The fee proposed will only apply to new development. 15 CITY OF ~,NAHEIH~ C~L~FORN~ - COUNCIL HINUTES - &PR~L 4~ 1995 Mr. Johnson added that if the entire drainage basin were not included the fee program would be easily contested by the owners of undeveloped property within the area. The philosophy of the revitalization financing program was that the area-wide infrastructure would be primarily financed by current fees and a portion of the 2% increase in transient occupancy tax. The program is not capable of financing the infrastructure without some modest fee, or otherwise the City will need to find some other revenue stream. Council Member Zemel questioned whether any portion of the drainage planning should be scaled down due to changes in the Westcot proposal. The response was that for storm drainage planning the guiding element is the amounts the county will allow us to discharge, not so much the development. Council Member Zemel pointed out paragraphs included in both ordinances which indicate that the assessment or improvement may be provided by the Redevelopment Agency and questioned these. It was explained that these are fairly standard clauses, included at the request of Community Development Department to allow flexibility, so as to allow the Agency to pay assessments or provide improvements as part of an inducement package. Mayor Daly opened the public hearing. Joe White, 809 West Broadway, Anaheim. He stated he sees no need for the drains in his area and is opposed. Steve White, 816 North Clementine, Anaheim. As a realtor selling property in the area, he noted that there will be a necessity for disclosing the sewer and storm drain assessment to potential buyers. He also commented that he has a client who owns property at 1131 South Walnut and is marketing this as a site for 5 single family homes. She subscribes to local papers, but had no information regarding this hearing. He believes there has not been adequate notice given. There were no additional speakers. Mayor Daly closed the public hearing. Concerning legal notice, it was explained that the requirements were met by advertisement in the local paper. Additionally, this action follows and was contemplated during the long process of many advertised public hearings concerning the EIR and actual plans for the Disney expansion and Anaheim Resort. At the conclusion of discussion, Council Member Lopez stated he could not support this proposal because the area included is too big, and it does not make sense to him to add these costs to the citizens of Anaheim when it will accommodate the resort area. In response to Council Member Zemel's concern relative to the discretion provided for the Agency/Council to provide improvements or pay for assessments, the City Attorney indicated he would draft revisions with tighter language to be presented as alternate ordinances. Mayor Daly offered Ordinance Nos. 5490 and 5491 for first reading. 16 CITY OF ANAHEIH~ CALIFORNIA - COUNCIL HINUTES - APRIL 4~ 1995 ORDINANCE NO. 5490: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A SEWER IMPACT AND IMPROVEMENT FEE FOR NEW AND EXPANDED DEVELOPMENT IN THE SOUTH CENTRAL CITY AREA. ORDINANCE NO. 5491: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING CHAPTER 10.14 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A STORM DRAIN IMPACT AND IMPROVEMENT FEE FOR NEW AND EXPANDED DEVELOPMENT IN THE SOUTH CENTRAL CITY A~tEA OF THE CITY OF ANAHEIM. Cl. 114: COUNCIL COMMENTS: 165/164: Council Member Lopez requested that the City's policies regarding tree removal, sidewalk replacement and sewer repair be placed on the agenda. Council Member Lopez also commented that he did not believe the City of Anaheim received sufficient coverage in local newspapers. He suggested a letter be written to local papers to ask for more coverage. Mayor Daly requested that the City Manager follow up on a request for a traffic light received from Steven Barons, Robin Hills Homeowners Association, due to the recent opening of Imperial Highway. Mayor Daly complimented staff and the advisory boards concerning the historic lighting fixtures which have been placed in downtown Anaheim. C2. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney White stated that there are no actions to report. RECESS - CLOSED SESSION: On motion by Mayor Daly, seconded by Council Member Feldhaus, the City Council recessed to closed session. Motion Carried. (9:47 p.m.) ADJOURNMENT: By general Council consent the City Council meeting of April 4, 1995 was adjourned. (10:25 p.m.) The next City Council meeting will be held on April 18, 1995. no Council meeting on April 11, 1995 due to Easter vacation. LEONORA N. SOHL, CITY CLERK There will be 17