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2000/05/16ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 16, 2000 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait COUNCIL MEMBERS: Shirley McCracken CITY MANAGER: Jim Ruth CITY ATTORNEY: Jack White CITY CLERK: Sheryll Schroeder ASST. CITY CLERK: Ann Sauvageau EXEC. DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan SR. ELECTRIC SYSTEMS DESIGNER: Bob Templeton A complete copy of the agenda for the meeting of the Anaheim City Council was posted on May 12, 2000 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Daly called the workshop portion of the Council Meeting of May 16, 2000 to order and welcomed those in attendance (3:27 P.M.). He noted that Council Member McCracken was ill and would not be present today. City Manager, James Ruth introduced Ed Aghjayan, Public Utilities General Manager who will make the presentation today. FIVE-YEAR ELECTRICAL UNDERGROUND CONVERSION PROGRAM: Ed Aghjayan, Public Utilities General Manager. This is almost the 10TM anniversary of the Underground Conversion Program established by the City Council in June 1990. Before beginning his presentation, he showed four Power Pointe slides of Harbor Boulevard north of Katella before 1993, in 1994, 1999 and finally 2000 which depicted the dramatic change that had taken place not only with undergrounding utilities, but also elimination of signage, (now monument signs) and beautification relative to the landscape and streetscape. This was one of the most successful and ambitious programs for removing clutter and beautification of the area under a City-wide effort. The success is due to the City Manager's leadership, all City Departments and the insistence of the City Council to make it happen. Mr. Aghjayan then presented the Five-Year Underground Conversion Plan (FY2000/01 through 2004/05) supplemented by Power Pointe slides, hard copies of which were presented in a booklet entitled, The Anaheim Underground Conversion Program, made a part of the record. His presentation covered the following which he briefed: History of the Underground Conversion Program; Approval Process (which projects are undertaken and how); Progress Summary (June 1990-January 2000 - $52.5 million spent to date, 25 underground projects completed, six projects presently under construction); Completed Projects; location of projects under construction; Five-Year Proposed Plan - FY2000/01 through 2004/05 - 17 projects total (16 carried over, one new project); Proposed Plan - Projects/Schedule/Cost - new project added @ LaPalma/Imperial; Projects by Geographical Diversity; Schedule Changes (State College/Katella, Ball/Euclid - schedule adjusted to coordinate with Public Works revised schedule); Schedule Changes (Santa Aha Canyon Rd., Broadway Phase II, Lincoln Ave./Magnolia - schedule revised to balance Five-Year Plan cash flow); explanation of new project at La Palma/Imperial; list of Alternative Projects. During his presentation, Mr. Aghjayan showed additional computer-simulated slides (before and after) of various projects. He also noted that they are taking a strong look City wide of what else they do for the investment, the ultimate objective being beautification, i.e., trees, landscaping, (elimination of) signs. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MAY 16, 2000 At the conclusion of Mr. Aghjayan's presentation, questions were posed by Mayor Daly and Council Members answered by Mr. Aghjayan, Russ McGuire, Deputy Director of Public Works and Bob Templeton, Sr. Electric Systems Designer (Lead/Underground Program) relative to reason(s) for schedule changes, coordinated effort for beautification, project funding, explanation of the La Palma/Imperial project, etc. At the conclusion of questions, Mayor Daly noted that a project not included was Harbor Blvd. through the downtown area. That was a project he was looking at especially with Lincoln Avenue looking so good and the major undergrounding underway. He noted it is not on the Five-Year Plan at this point. Ed Aghjayan. In the first-cut draft of the plan, it was one of three projects to be included this year but with the realization that they are recommending decreasing electric rates, they lost $6 million as a result of that recalculation which eliminated two projects. He would say it would be one of the first projects added to the plan next year, one that would probably come in at the tail end of the Five-Year Plan. Mr. Aghjayan, after answering additional questions, introduced Public Utilities staff members most involved in the Underground Program and acknowledged their contributions. He also noted that the Proposed Five-Year Electric Underground Conversion Plan was on tonight's Council agenda for approval (Item A28). At the conclusion of the workshop, Mayor Daiy thanked staff for the informative and detailed presentation. He appreciates the effort put into one of the most popular programs in the City. It generates a lot of questions and positive comments. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were 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. 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existin¢~ Litic~ation: Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co. fka The Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74 (and related cases). CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (b) of Section 54956.9: One potential case. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: five potential cases. Claims of Friends of Frank Feldhaus Committee, Irving Pickler, Supporters of Irv Pickler Committee, Debra Daly, Tom Daly and Friends of Tom Daly Committee. CONFERECEWITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Name of employee organization: Anaheim Firefighters' Association. 5. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 16, 2000 Name of employee organizations: Anaheim Police Association, Anaheim Municipal Employees Association, international Brotherhood of Electrical Workers, Local 47, Service Employees international Union Local 1877 and Teamsters Local 952- CalPERS update. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Name of employee organizations: International Brotherhood of Electrical Workers, Local 47. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Name of employee organizations: unrepresented management employees. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Kring seconded the motion. Council Member McCracken absent. MOTION CARRIED. (3:52 p.m.) AFTER RECESS: Mayor Daly called the regular Council meeting of May 16, 2000 to order at 5:55 p.m, and welcomed those in attendance. Mayor Daly first announced that Council Member Shidey McCracken was ill and will not be present this evening but hopefully will be back for the next Council meeting. INVOCATION: Pastor Steve Isenman from the West Anaheim United Methodist Church gave the invocation. FLAG SALUTE: Council Member Lucille Kring led the assembly in the Pledge of Allegiance to the Flag. CONTINUATION OF ITEM C2. Mayor Daly. He noted that many people were present on Item C2., the proposed St. Verena Orthodox Coptic Church. A Public Hearing on the item was held before the Council at the last meeting (May 2, 2000 - see minutes that date) and continued to this date for a full Council vote. For a variety of reasons, i.e., recent information has been submitted by the Coptic Church regarding their parking plan which needs to be analyzed by Planning staff and, because Council Member McCracken is not present tonight and a full Council is needed, he believes that the item should be continued this evening. He asked the City Attorney to assist procedurally to allow the Council to make a decision regarding a continuation. City Attorney White. Because it is now 6:00 P.M., the Council can take action on Public Hearings. If they wish to offer a motion to continue the matter to a subsequent meeting, that would be in order. The public participation portion of the hearing was closed on May 2, 2000 and there is no need to take additional testimony at this time. Mayor Daly. If additional information relating to the application has been submitted and the Council would like the Planning staff to review that information, he asked if that can still happen within the parameters of the public hearing process that has already occurred; City Attorney White answered, yes. The testimony portion was closed and he indicated at the last meeting that no additional information should be submitted; however, if the Council wishes to receive additional information, as long as it is made available to all persons on any and all sides of the issue to review, and, if they disagree, to submit their own information between now and the next meeting to which the hearing is continued, he would not see a legal problem doing that. 3 qlUO~ J!¥ UealO se 000~ 'ie~ §u!z!u§ooa~J :l!ounoo ~l!O ~ql ~q pez!Joqlne SeM UOtleuJeF>oJd §U!MOIIOJ eq/ :NOIlV~VqOO~d :6~ ~ · eowo s,~JglO/~!O eql ol 1! l!wqns plnoqs ~ql 'l!wqns ol qS!M ~eql UO!IeLUJOJU! leUO!l!ppe seq euo~ue J! 'e"!l ewes eql 1¥ 'eoWO s,~JelO ~4!O eql le peu!elqo eq ueo se!doo 'qoJnqO o!ldoO eql 6u!pJe§eJ pe~l!'"qn$ ueeq seq leql uo!leuJJOjU! leUO!l!ppe ~ue Me!^9J O1 leql §u!leedgJ qpOM $! 11 'Xlea JO~e~ '.§U!I!JM U! ~U!lSecu lxeu ~ql eJoJeq os op plnoqs pe~!wqns seq qoJnqo eql leqM O1 esuodseJ u! 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Proclamation recognizing May 2000, as National Drug Court Month in Anaheim. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meetings. (6:17 p.m.). Mayor Daly reconvened the City Council Meeting. (6:31 p.m.). ADDITIONS TO THE AGENDA: There were no additions to agenda items. PUBLIC COMMENTS - AGENDA ITEMS: Father Joseph Boules. He wanted to take the opportunity to thank the Council for their time. He thereupon asked the friends and neighbors of St. Verena Orthodox Coptic Church to stand and to thank them for taking the time to be present (there were approximately 70 to 80 people present). They will save their comments for next week. Lorie Mendoza, 1774 S. Strathmore Place, Anaheim. She lives in the Katella Smart Street project area, one of the "Katella 9" homeowners. She was present before on the same issue (see minutes of March 7, 2000). Next to her house is a vacant lot of surplus land. The City initially offered it at $45,000 and brought it down to $10,000. She met with the City on Mamh 27, 2000 and asked the Public Works Department, relative to the overhead electrical wires, telephone pole and guide wires, if she purchased the property, what happens to those wires and, if she doesn't purchase the property, what would happen. Public Works indicated they would get back to her with the person who had those answers immediately; she is still waiting for the answer. Also, the two other issues discussed were the weeds and gophers, both of which have been an ongoing problem. She filed a claim with the City over a year ago relative to the money she spent in trying to rid the property of gophers and the 80 gopher holes, but her claim was denied. One last issue is the pavement on Katella. Her house and many of the things in it vibrates when vehicles drive by due to the pot holes in the street and also the metal plates. She has not heard back from anybody on these issues. She is a frustrated Anaheim resident. She has been given a decision deadline date from the City of May 12, last Thursday. Since she cannot get the answers she needs, she cannot make a decision. She is asking the Council to help her get the answers. City Manager Ruth. He asked for Public Works to address the issue(s); Natalie Meeks, Civil Engineer/Project Manager, Public Works. She first apologized that no one got back to Ms. Mendoza. After their meeting, she called the Utilities Department and asked that they meet with her the following week; she does not know why that has not occurred. Relative to the weeds and gophers, those have been continuing issues. They had exterminators go out to the property previously but apparently the gophers are back; the weeds will also have to be taken care of and she will see that there is follow up on both. Relative to the vibration, there is a lot of construction going on but she will talk to the Field Inspector to see what can be done relative to the pavement or the steel plates covering the trenches. Staff will definitely get back to her tomorrow on the utility information she needs. She also reported that the project (Katella Smart Street) is scheduled for completion in September and subsequently clarified other questions posed by the Mayor. 5 ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES MAY 167 2000 Mayor Daly. In concluding, he noted that staff will be following up and will be in touch with Ms. Mendoza on the Utility issues as well as the overall issues and will keep the Council informed as to the status of all nine properties and the ultimate results. Linda Lee Grau, 24 Morning Dove, Irvine. Reduce the size and cost of government; give Savis Roditis his 100 cabs. Esther Wallace, 604 Scott Lane, Anaheim. She thanked the Council/City for helping with the very successful West Anaheim Barbecue held last week end at Twila Reid Park. She personally thanked City staff who assisted and also gave special thanks to Sally Feldhaus who received the "Tim Ewing Walk- Around Award" which is given to the person or persons instrumental in contributing to the betterment of West Anaheim. She also explained the "Community Friendly Business Award" signified by a decal to be placed in the window of businesses who, in the eyes of WAND (West Anaheim Neighborhood Development Council) deserve the decal along with a certificate from 4t~ District Orange County Supervisor, Cynthia Coad. The purpose is to get West Anaheim people to shop in West Anaheim and make it business friendly. Richard Chavez, Board Member, Eli Home for abused children. He is present as a spokesperson but he is also Vice President of the O.C. Central Labor Caouncil and an Anaheim Firefighter, 3325 E. Miraloma, Unit 124, Anaheim. A couple of weeks ago, (see minutes of May 2, 2000) there were some incredible allegations made about what is really a wonderful charity, the Eli Home. It was disturbing to hear the allegations that were blatantly false. They have learned since then that the Council is considering moving forward and perhaps closing the Eli Home. It would be extremely sad for him and the Board of Directors. They feel as a community, they have a responsibility to protect the most innocent of victims, children that have been abused. He feels it is imperative for the Council to look closely at what is going on, i.e., the pattern of substance abuse from the small group (who made the allegations) and also that the women who spoke (against the Eli Home) were bought and paid for by the same small group of detractors who have opposed the home from the beginning. Because of the complaints, the home has been repeatedly investigated and nothing has been found either by Code Enforcement or the Police Department. They are not afraid of investigations. City officials have also been involved in demeaning this charity. (He reported on one incident involving the Mayor which was refuted by the Mayor who noted that Mr. Chavez was paraphrasing, using words not said by him.) In concluding, Mr. Chavez stated that the home is safe, there have been no Police incidents, and the Federal Government has indicated that Eli's children have a right to be in that neighborhood. They are confident that the Federal government will support them in their ability to protect children and allow them to be in a neighborhood where children can thrive. Sandra Harris, 1919 E. Center St., Room 303, Anaheim. She addressed several issues which were of concern to her in the downtown area, one being the material used in the cross walks which she felt made it difficult to walk. She also stated she had requested a Claim Form some months ago but never received it; Mayor Daly stated that a form would be sent. A woman who did not wish to be identified stated that she had been a victim of domestic violence. She also noted that a business in the City is operating illegally and the City has known this to be so. Two weeks ago, Council Member Feldhaus asked for an answer as to why the Eli Home is still in operation and she would like to know as well. The City Attorney promised a full report and she asked if it was available tonight. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 2000 City Attorney White. The report has been given to the Council It will be discussed in Closed Session since it relates to potential litigation and will not be discussed publicly. The woman then explained some incidents that occurred while she was at the Eli Home; Mayor Daly asked that whatever material she might have should be shared with City staff for evaluation. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of May 16, 2000. Council Member Kring seconded the motion. Council Member McCracken was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A31: On motion by Mayor Daly, seconded by Council Member Kring, 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 Resolutions Nos. 2000-75 through 2000-77, both inclusive, for adoption. Refer to Resolution Book. Al. 118: Rejecting and denying certain claims flied against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Yair Melamed, M.D. for property damage sustained purportedly due to actions of the City on or about March 13, 2000. b. Claim submitted by Barbara Elias for property damage sustained purportedly due to actions of the City on or about October 1, 1999. A2.. 105: Receive and file minutes of the Anaheim Park and Recreation Commission meeting held March 22, 2000. 105: Receive and file minutes of the Golf Advisory Commission meeting held March 23, 2000. 105: Receive and file minutes of the Anaheim Redevelopment and Housing Commission meeting held April 5, 2000. 174: Receive and file a Notice of Extension of Time dated May 4, 2000, filed before the United States of America Federal Energy Regulatory Commission by Entergy Services, Inc. Council Member Feldhaus noted in the Parks & Recreation Committee minutes of Mamh 22, 2000 (page 2) it states, "An extensive discussion took place. Staff answered questions from the Commission." It does not indicate what the discussion was about. He would also like more information on the Park Bond Act especially since $1.5 million is for Anaheim and there are 120 unfunded captial projects pending. City Manager Ruth. Chris Jarvi, Community Services Director, has done his evaluation and will be coming forth in the budget hearings with recommendations on how those bond funds could be allocated. Staff will be looking for Council policy direction on that issue and will include a listing of the proposed projects for Council consideration. Council Member Feldhaus continued relative to Item D, page 3, the Pacific Symphony Concert at Pearson Park, it states that three free concerts are to be given at the park. He questions whether they are really free because the cost of the concerts is $72,000. An outside person has been hired to raise the other $60,000 from businesses throughout the City. It may be free to the attendees, but not something he would consider "free". He feels that money could be put to better use, specifically for a skateboard park since he believes there is a need. 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 16, 2000 Relative to the Golf Advisory Commission minutes of March 23, 2000, he read, "Agreement was reached on the parameters of the appraisal and a list of four golf course appraisers." He asked when the report is going to be coming to the Council. City Manager Ruth stated it should be forthcoming within the next couple of weeks. They had tried to plan a briefing of the Council in Closed Session today but due to the heavy agenda, it was impossible to do so. They will be bringing it forward in the next couple or three weeks. Staff has completed the analysis and did due dilligence and will be coming forth with a recommendation for consideration. An extensive amount of time was spent with the actual Iow bidder in checking his background and experience. Due dilligence was also done on the financial background and as a result of that investigation, a recommendation has been compiled for Council consideration. Council Member Feldhaus. He is hearing this from citizens while he has heard nothing; City Manager Ruth. They had to follow up to make sure the bid was for real and the proposer could back it up. A3. 175: Award the contract to the lowest responsible bidder, Atlas-Allied, Inc., in the amount of $50,948 for 16 inch and 6 inch water main replacement and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. A4. 169: Award the contract to the lowest responsible bidder, Hiilcrest Contracting, Inc., in the amount of $265,499.90 for Lincoln Avenue Median Improvement and Beautification (Gilbert Street to Magnolia Avenue) and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. A5. 175: Award the contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount of $630,250 for Backbone Rehabilitation of the Fry & Rim 12kV Circuits and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. A6. 158: Approve the Acquisition Agreement for real property located at 1730 South Clementine Street (RNV 5180-89) in connection with the Anaheim Resort Specific Plan and EIR, authorize the Mayor and City Clerk to execute said Agreement and authorize the acquisition payment of $55,099 to Satellite Cleaners, Inc. A7. 123: Approve an Agreement with the Anaheim Transportation Network for operation of the Anaheim Resort Transportation Service. A8. 123: Approve Program Supplement No. M072 to Agency-State Agreement for the Federal Aid Projects No. 12-5055 for the Kreemer Boulevard street improvement project from Miraloma Avenue to Coronado Street. Ag. 123: Approve an agreement with EBus, Inc., for the provision of a complimentary electric bus for demonstration in the Anaheim Resort Transportation Project. AIO. 158: RESOLUTION NO. 2000R-75 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to the City. (Deeds 10282 - 10283.) A11. 160: Authorize the issuance of a change order to Hahn & Bowersock, to increase the dollar amount of the purchase order by $10,000 to a not to exceed amount of $30,000 for court reporter services. A12. 160: Accept the Iow bid of Gaines Electric Supply Company, in the amount of $25,893,80, for a lighting panel project in accordance with Bid #6037. ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES MAY 2000 A13. 160: Waive Council Policy 306 and authorize the Purchasing Agent to issue a purchase order to Pursuit Technology, Inc., in the amount of $29,096.48, for the purchase of accessory equipment for the Police Department's Mobile Data Computer project. Al4. 160: Waive Council Policy 306 and authorize the Purchasing Agent to issue a purchase order to RFL Electronics, Inc., c/o Matzinger-Keegan, in the amount of $117,392 for 16 RFL Model 9300 relays for Katella, Lewis and Southwest Substations. A15. 184: Conditionally consent to the use of the City's expert, Eberhart Consultants, by the Santiago Geologic Hazard Abatement District. A16. 123: Approve a Sixth Amendment to Agreement with the Orange County Chapter of the American Red Cross, extending the terms of the agreement until May 31, 2000, at a cost of $5,000 for swimming lesson service fees. Council Member Feldhaus asked for clarification if the date for extending the contract was, in fact, March 31, 2000 or 2001 since in one instance it states 2000 and in another, 2001; Chris Jarvi, Community Services Director confirmed that it was March 31, 2001. A17. 150: Approve the waiver of $415 in facility use fees for baseball camp to be held at Boysen Park August 7 - 11, 2000, for deaf youth as requested by the Orange Empire Sertoma service organization. A18. 123: Approve and execute an Agreement between the City of Anaheim and the Anaheim Union High School District for the period of June 1, 2000 through September 30, 2000, to facilitate summer sports camps to students 12-18 years of age. A19. 123: Approve and authorize the Public Utilities General Manager to execute (1) a Third Amendment to extend the Agreement with EES Consulting, Inc., to provide consulting services to the Public Utilities Department with regard to the electric system competitive environment and utility rate studies for both water and electric service; and (2) a Third Amendment to extend the Agreement with R.W. Beck to provide additional consulting services relating to the Department strategic options with regard to the electric system competitive environment. Council Member Tait. He asked for a 30-day continuance on this item since he noted there were no costs indicated relative to the request. A continuance would give the Liaison Committee an opportunity to discuss the issue. MOTION. Council Member Tait moved that Item A19 be continued for 30 days. Mayor Daiy seconded the motion for purposes of discussion. Before a vote was taken, the Mayor asked staff if there were any timing issues relating to the item; Ed Aghjayan, Public Utilities Manager answered, yes. A 30-day continuance will stop the on-going analysis that is in process. In particular, they have an RFP (Request for Proposal) out for the operation and maintenance of the combustion turbine. If they don't extend the contracts, they will not have consultants available to do the evaluation. They have been providing ongoing consulting with respect to the entire outsourcing option. EES in particular has been looking at the whole rate design (of the Utilities) in terms or restructuring rates as well. Mayor Daly noted that it does not approve any more funds since no dollar amounts are mentioned; Don Shackelford, Acting Financial Services Manager/Utilities. The request is taking two existing contracts and extending the term. 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A vote was then taken on the foregoing motion amended as follows: Approving the Third Amendment to extend the Agreement with EES Consulting, Inc., and continuing the proposed Third Amendment to extend the Agreement with R.W. Beck for three weeks instead of 30 days. MOTION CARRIED UNANIMOUSLY. (Council Member McCracken was absent). A20. ~ Authorize the Community Services Department to accept an augmentation to the Public Library Fund Grant from the State Library and increase the Community Services Department's i~c~ Library Services Division budget for both revenue and expenditures in State Grant fund 213-217 in the amount of $332,043 for FY 99/00. 156: RESOLUTION NO. 2000R-76 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police to submit a grant proposal on behalf of the City of Anaheim to the Office of Criminal Justice Planning for second year funding for the Suppression of Drug Abuse in Schools Grant Program. Authorize the Chief of Police to execute all required grant documents, 123: Waive Council Policy 306 and approve an Agreement with Anaheim Memorial West Hospital to provide medical services for evidence collection on alleged sexual assault victims and authorize the Chief of Police on behalf of the City to approve and execute future amendments to said Agreement which revise only the charges per examination, up to and including increases of ten percent per year. 156: Authorize the Chief of Police to accept a grant award, in the amount of $105,361 from the Office of Criminal Justice Planning for the Juvenile Accountability Incentive Block Grant Program and execute ail required grant documents and increase revenues and expenditures by $26,675 in the Police Department's FY 99/00 budget. 123: Approve an amendment to Agreement with the State of California, Department of Transportation, in the amount of $990,000 for the reimbursement to the Police Department for traffic control services, authorize the Chief of Police to execute said agreement and amend the fiscal year 1999/2000 budget by increasing revenues and expenditures by $990,000 in Account 101-309-2251. A25. 129: Authorize the Fire Chief to sign a letter to the California Department of Forestry (CDF) acknowledging and approving continuance of the current rate charged by CDF for wildland fire protection for the City of Anaheim for fiscal year 2000/2001 and notifying CDF that the amount of acreage covered by the agreement for Protection of Wildlands has not changed, A26. 153: RESOLUTION NO. 2000R-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the International Brotherhood of Electrical Workers, Local 47, and the City of Anaheim amending Article 27 of the Memorandum of Understanding - Health Insurance. A27. 123: Approve the Electrical Utility Agreement between the City of Anaheim and S & N Show Services which authorizes S & N Show Services to provide various electrical services, on a non- exclusive basis, to persons at the Convention Center who require such services in connection with events, 175: Approve the Proposed Five-Year Electric Underground Conversion Plan for fiscal years 2000/01 through 2004/05 (Proposed Plan) at an estimated capital cost of $46.1 million as recommended by the Public Utilities Board at their meeting of April 20, 2000. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 2000 Mayor Daly asked for a one-week continuance on this item since he would like to review the list of projects in the proposed five-year plan more closely, try to expedite a couple of projects, and to talk to staff about staying on schedule for some of the major projects - Harbor being one and State College another. He would like to find a way to expedite those two projects. MOTION. Mayor Daly moved that Item A28 be continued for one week. Council Member Tait seconded the motion. Council Member McCracken was absent. MOTION CARRIED. a30. 123: Approve and authorize the Public Utilities General Manager to execute an Agreement with American Public Power Association to receive Demonstration of Energy-Efficient Development funding in the amount of $23,000. 175: Ratify the actions of the Public Utilities General Manager, on behalf of the City, to authorize an additional $250,000 in expenditures for emergency repairs to the combustion turbine generator and authorize the Purchasing Agent to issue a confirming change notice to the purchase order to MTU Maintenance Berlin-Brandenburg GMBH, increasing the not to exceed amount from $400,000 to $650,000. A31. 114: Approve minutes of the Anaheim City Council meeting held April 18, 2000. Roll Call Vote on Resolution Nos. 2000R-75 through 2000R-77, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: McCracken The Mayor declared Resolution Nos. 2000R-75 through 2000R-77, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. Council Member McCracken was absent. MOTIONS CARRIED. A32. 150: NAME CHANGE OF ANAHEIM COLONY PARK BACK TO GEORGE WASHINGTON PARK: Consider the request of the Anaheim Colony Neighborhood Council to change the name for Anaheim Colony Park back to George Washington Park. Mayor Daly. Two weeks ago the subject issue was addressed by Mitch Caldwell, Chairman, Anaheim Colony Neighborhood Council (see minutes of May 2, 2000). An organized group from the Historic Colony District asked that the Council reconsider the previous decision regarding the name of the park. The Council has also received additional correspondence and it seems to make sense to a majority of persons, especially the neighbors, to continue to call this park after the original name of the school on the site, George Washington. Put into historical context, it is historicaly accurate. He feels they should look for opportunities to identify the Mother Colony District and the whole downtown historic area. Perhaps there are other ways to mark the original boundaries of the City and promote the district. MOTION. Mayor Daly moved to change the name of Anaheim Colony Park back to George Washington Park. Council Member Tail seconded the motion. Council Member McCracken was absent. MOTION CARRIED. 12 ITEMS ANAHEIM CALIFORNIA - CiTY COUNCIL MINUTES MAY 2000 B1 THROUGH B6 FROM PLANNING COMMISSION MEETING OF APRIL 24~ 2000: (No action necessary unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS MAY 16, 2000 B1. 179: CONDITIONAL USE PERMIT NO. 2000-04190 AND NEGATIVE DECLARATION: OWNER: Cameron Cord, 4660 Spring Grove Avenue, Cincinnati, Ohio 45232 AGENT: Tony Duong, 577 North Batavia Street, Orange, CA 92668 LOCATION: 1651 East Babbitt Avenue. Property is 0.86 acre located on the north side of Babbitt Avenue, 410 feet west of the centerline of State College Boulevard (D&D Recycling). To permit a carpet recycling transfer facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04190 GRANTED (PC2000-47) (7 yes votes). Approved Negative Declaration. B2. 179: CONDITIONAL USE PERMIT NO. 2000-04191 CATEGORICALLY EXEMPT-CLASS 32: OWNER: Sumanbhai N. Patel, 426 South Beach Boulevard, Anaheim, CA 92804 AGENT: Chevalier, Allen, and Lichman LLP, Attn: Berne Hart, 2603 Main Street #1000, Irvine, CA 92614 LOCATION: 426 South Beach Boulevard. Property is 0.36 acre located on the east side of Beach Boulevard, 460 feet north of the centerline of Orange Avenue (Pacific Inn Motel). To retain an existing non-conforming 23-unit motel. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04191 DENIED (PC2000-48) (7 yes votes). The decision of the Planning Commission was appealed in letter dated May 15, 2000 from Chevalier, Allen & Lichman, Attorneys at Law on behalf of Pacific Inn Motel and, therefore, a Public Hearing will be scheduled at a later date. B3. 179: CONDITIONAL USE PERMIT NO. 2000-04193, (MASTER CONDITIONAL USE PERMIT NO. 3928) CATEGORICALLY EXEMPT-CLASS 1: OWNER: Prahalad Bkakta, 420 South Beach Boulevard, Anaheim, CA 92804 LOCATION: 420 South Beach Boulevard. Property is 0.76 acre located on the east side of Beach Boulevard, 530 feet north of the centerline of Orange Avenue (Best Budget Inn Motel). To consider reinstatement of this permit which currently contains a time limitation (originally approved on May 12, 1997 to expire on November 12, 1999) to retain an existing 45-unit motel. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04193/MASTER CUP NO. 3928 GRANTED reinstatement for one year to expire April 24, 2001 (PC2000-49) (7 yes votes). The decision of the Planning Commission was appealed in letter dated May 11, 2000 from Frank Weiser, Attorney representing Best Budget Inn and, therefore, a Public Hearing will be scheduled at a later date. B4. 179: WAIVER OF CODE RECIUIREMENT~ CONDITIONAL USE PERMIT NO. 2000-04194 (MASTER CONDITIONAL USE PERMIT NO. 1742) AND NEGATIVE DECLARATION: OWNER: In-N-Out Burgers, Attn: Natasha Shakov, Job Captain, 13502 Hamburger Lane, Baldwin Park, CA 91706 In-N-Out Burgers, 4199 Campus Drive, 9th floor, Irvine, CA 92715 AGENT: Richard S. Herman, AIA, RS Herman Architects, Inc., 6009 Melrose Avenue, Los Angeles, CA 90038 13 ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES MAY 16, 2000 LOCATION: 600 South Brookhurst Street. Property is 0.51 acre located at the southeast corner or Orange Avenue and Brookhurst Street (In-N-Out Burger), To construct a second service window for an existing fast food drive-through restaurant with waiver of (a) minimum number of required parking spaces, (b) minimum drive-through lane dimensions, ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04~I94/MASTER CUP NO. 1742 GRANTED (PC2000-50) (7 yes votes). Approved waiver of code requirement. Negative Declaration previously approved. REPORT AND RECOMMENDATION ITEMS: B5. 179: CONDITIONAL USE PERMIT NO. 2000-04195~ REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE (MASTER CONDITIONAL USE PERMIT NO. 3956) B6. AND NEGATIVE DECLARATION: Riley F. Marquis Jr., 5772 Garden Grove Boulevard, #147, Westminster, CA 92683, request for determination of substantial conformance with previously-approved exhibits (of Master Conditional Use Permit No. 3956) in order to construct two additional restreom buildings in conjunction with an existing church and private school. Property is located at 641 South Western Avenue (Orange County Christian School). ACTION TAKEN BY THE PLANNING COMMISSION: Determined CUP 2000-04195/MASTER CUP NO. 3956 to be in substantial conformance (7 yes votes). Negative Declaration previously approved. 179: CONDITIONAL USE PERMIT NO. 2000-042107 REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE (MASTER CONDITIONAL USE PERMIT NO. 3724) AND NEGATIVE DECLARATION: Saint Thomas Korean Catholic Center, Attn: Paul M Chey, 412 North Crescent Way, Anaheim, CA 92801 & Andrade Architects, Attn: Stan Andrade, 24501 Del Prado, Suite D-l, Dana Point, CA 92629, request for determination of substantial conformance to permit the use of an existing metal building for limited social gatherings in conjunction with a previously-appreved church. Property is located at 412 North Crescent Avenue (Saint Thomas Korean Catholic Center). ACTION TAKEN BY THE PLANNING COMMISSION: Determined CUP 2000-04210/MASTER CUP NO. 3724 to be in substantial conformance (7 yes votes). Negative Declaration previously approved. B7. ORDINANCES FOR ADOPTION: 179: ORDINANCE NO. 5729 (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 99-00-13 located at 127 South Harding Avenue from the RS-7200 zone to the RS-5000 zone. (Introduced at the meeting of May 2, 2000, Item B13.) B8. 179: ORDINANCE NO. 5730 (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 99-00-14 located at 1256 East Lincoln Avenue from the CH zone to the CL zone. (Introduced at the meeting of May 2, 2000, Item B14.) 14 ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES MAY 167 2000 Mayor Daly offered Ordinance Nos. 5729 and 5730 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5729 (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 99-00-13 located at 127 South Harding Avenue from the RS-7200 zone to the RS-5000 zone. (Introduced at the meeting of May 2, 2000, Item B13.) ORDINANCE NO. 5730 (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 99-00-14 located at 1256 East Lincoln Avenue from the CH zone to the CL zone. (Introduced at the meeting of May 2, 2000, Item B14.) Roll Call Vote on Ordinance No. 5729 and 5730 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Krin9, Tait, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: McCracken The Mayor declared Ordinance No. 5729 and 5730 duly passed and adopted. C1. 176: PUBLIC HEARING -ABANDONMENT NO. 99-22A: In accordance with application filed by Alberto and Sara Segura, 19239 E. Lydle Creek Place, Walnut, CA, 91789 a Public Hearing was held on the proposed abandonment of a certain easement for a water ditch, approximately one and a half feet in width located on that certain property located at the northwest corner of La Palma Avenue and Onondaga Avenue - 1827 W. La Palma, reserving unto the City of Anaheim easement for public utility purposes, pursuant to Resolution No. 2000R-64 duly published in the North County News and notices thereof posted in accordance with law. At their meeting held April 18, 2000, Item A2, the Anaheim City Council adopted Resolution No. 2000R-64 declaring its intention to vacate certain public streets, highways, and service easements and to consider abandoning that certain easement for a water ditch, approximately one and a half feet in width located on that certain property located at the northwest corner of La Palma Avenue and Onondaga Avenue - 1827 W. La Palina Avenue (ABANDONMENT NO. 99-22A). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: April 27, 2000 Publication in North County News: May 4, 2000 Mailing to property owners within 300 feet: April 20, 2000 Posting of property: April 21,2000 Natalie Meeks, Civil Engineer, Public Works. This is the abandonment of a water ditch easement which is no longer required by the City. Staff recommends abandonment. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being none, the Public Hearing was closed. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly seconded by Council Member Kring, the City Council determined that the proposed activity fall within the 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 16, 2000 definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, Categorically Exempt for the requirements to file an EIR. Council Member McCracken absent. MOTION CARRIED. Mayor Daly offered Resolution No. 2000R-78 for adoption, approving Abandonment No. 99-22A. Refer to Resolution Book. RESOLUTION NO. 2000R-78: 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. 99-22A). Roll Call Vote on Resolution Nos. 2000R-78 ~ for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, Daiy MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: McCracken The Mayor declared Resolution Nos. 2000R-78 duly passed and adopted. C2. 179: CONTINUED PUBLIC HEARING~ RECLASSIFICATION NO. 99-00-16~ WAIVER OF CODERE~IUIREMENT~ CONDITIONAL USE PERMIT NO. 4178 AND NEGATIVE DECLARATION: OWNER: David and Sandra Huarte, Trustees of the Joseph Huarte Trust UDT, 5038 Tierra Del Crc, Carlsbad, CA 92008-4350 AGENT: Joseph Boules, 20575 Easthill Drive, Yorba Linda, CA 92887 LOCATION: 891 South State Colleqe Boulevard. Property is 1.54 acres located at the northwest corner of Vermont Avenue and State College Boulevard (St. Verna Orthodox Coptic Church). Reclassification No. 99-00-16 - To reclassify subject property from CL (Commercial, Limited) Zone, RM-1200 (Residential, Multiple-Family) Zone and RS-7200 (Residential, Single-Family) Zone to RS-A-43,000 (Residential, Agricultural) Zone. Conditional Use Permit No, 4178 - To construct a church facility (including a multiple purpose assembly hall and Sunday school classrooms) in three phases, including temporary trailers for church use before and during construction with waiver of required setback for institutional uses adjacent to residential zones - APPROVED, (b) minimum number of parking spaces - APPROVED, (c) maximum structural height - APPROVED, (d) required front yard setback - APPROVED, (e) required rear yard setback - DENIED and (f) minimum dimensions of parking spaces - DENIED. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 99-00-15 GRANTED UNCONDITIONALLY (PC2000-24) (7 yes votes). CUP NO. 4178 GRANTED IN PART, approving waivers (a), (b), (c) and (d), and denying waivers (e) and (f) (P02000-25) (6 yes votes, Commission Koos voted no). Waiver of code Requirement APPROVED, IN PART. Approved Negative Declaration. Informational item at the meeting of March 28, 2000, Item B3. Review of the Planning commission's decision requested by Mayor Pro Tern McCracken and Mayor Daiy. At the public hearing of May 2, 2000, Item C1, extensive input was received, public hearing was closed. On the resolutions offered for approval there was a tie vote thus necessitating continuance to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: April 20, 2000 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 16, 2000 Mailing to property owners within 300 feet: April 20, 2000 Posting of property: April 21,2000 This item was discussed at the start of the Council Meeting due to the large number of people present on the issue (see discussion at start of meeting). Following the discussion, the Continued Public Hearing was again continued for one week to May 23, 2000 for full Council action. C3. 179: PUBLIC HEARING - VARIANCE NO. 4390 AND NEGATIVE DECLARATION: OWNER: Chibueze J. Dallah, 17380 Briardale Lane, Yorba Linda, CA 92886 LOCATION: 1429 East Lincoln Avenue. Property is 0.46 acre located on the north side of Lincoln Avenue, 160 feet east of the centerline of La Plaza. Waiver of (a) minimum side yard setback, (b) minimum front yard setback and (c) required orientation of residence adjacent to arterial highway, to construct a single-family residence. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4390 GRANTED IN PART (PC2000-39) (6 yes votes, Chairperson Boydstun absent). Approved Negative Declaration. Informational item atthe meeting of April 18, 2000. Review of the Planning Commission's decision requested by Mayor Daly and Mayor Pro Tern McCracken. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: May 4, 2000 Mailing to property owners within 300 feet: May 4, 2000 Posting of property: May 5, 2000 Greg Hasting, Zoning Division Manager, briefed the staff report to the Planning Commission dated March 27, 2000 describing the subject proposal. Mr. Chibueze Dallah, Owner, approached the podium and requested a one-week continuance of the Public Hearing; the Council was amenable to the request. MOTION. Mayor Daly moved to continue the subject Public Hearing for one week; Council Member Tait seconded the motion. Council Member McCracken was absent. MOTION CARRIED. D, Report on Closed Session Actions: City Attorney Jack White stated that there are no actions to report. E. COUNCIL COMMUNICATIONS: Council Member Feldhaus: He reported on the 4th Annual Western Barbecue sponsored by WAND held last Saturday, May 13, 2000 at Twila Reid Park in West Anaheim noting there were about 2,500 in attendance. There was great food and great entertainment. It was so successful, there was a problem with parking and he apologized to all those who had difficulty. He is happy to report, however, that arrangements have already been made so there will be ample parking next year and shuttle service will also be used; Mayor Daly echoed the same sentiments about the barbecue. It was a very fine event. Mayor Daly: In speaking with the City Clerk, they have talked about making the agenda and backup material available to the Council on a CD. Council Member Tait has already tried it. 17 B3(]3C)BHO~ ('BI'el/.g:/.) · pouJno[p~ Se,~ 000g '9~, A~I/~ Jo §u!loOlAI I!ounoo oql 'luosuoo I!ounoo leJOUO§ AB :mN:IINN~IIgOrOV 'al!q~ e JOj ~,no ploq o] a)l!l plno~ aqs pele)s §u!J)~ JaqLualN I!ounoo '.eied!o!lJed plno~ aq palels sneqple:l JeqLuel/~ I!ounoo · pepnlou! aq ol a4!l plno~ aH 'uJeJ§oJd lol!d aqI u! aied!o!lJed Ol lue/~ sJequJel/4 I!ounoo Jeqlo ,{ue J! pe)tse XleO Jo,{el~l :.punoJ§ aql ~o 1! §U!~le§,, JoJ JeLl pepueuJLuoo aH '4~elO XI!O eql ql!/~ 4Jo~ ii!?~ aq pue ,,§uptee~l,, auJos spaeu l! pelou l!e.L ~equJev4 I!ounoo 000~: '9 ~ AVIN 's:mmnNl~ 91ONnOO AJ.I:3 - VlNaO=IlgV:::) 'INI3HVNV