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2002/03/05 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING March 5, 2002 The City Council of the City of Anaheim met in regular session. PRESENT: Council Members: Frank Feldhaus, Lucille Kring and Shirley McCracken. Mayor Tom Daly entered the Chamber shortly after the workshop started. ABSENT: Council Member Tom Tait. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, Assistant City Clerk Cynthia Daniel-Garcia, Public Utilities General Manager Marcie Edwards, Public Utilities Integrated Resources Manager Steve Sciortino. A copy of the agenda for the meeting of the Anaheim City Council was posted on March 1, 2002 at the City Hall inside and outside bulletin boards. Mayor Pro Tem Frank Feldhaus called the regular meeting to order at 4:09 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: Magnolia Power Project City Manager David Morgan introduced Public Utilities General Manager, Marcie Edwards, who presented the Magnolia Power Project workshop. She explained that the Magnolia Power Project was a 250-megawatt, gas-fired, combined cycle unit, which was a way of differentiating a type of electric generating facility from a simple cycle, which was similar to a jet engine, and a combined cycle inferred that there was a greater degree of process involved and a greater degree of efficiency. She said it was a Southern California Public Power Authority project and had municipal joint ownership and the participants were Anaheim, Burbank, Cerritos, Colton, Glendale Pasadena and San Marcos. The City's share was 75 to 92 megawatts and she explained that the City was structured as a 75-megawatt participant in the project and there were participants involved in it that were caught up in a legislative debate on whether those cities could aggregate their load and become partial municipalities or if they could not. She asked to get advance permission to select up to 92 megawatts if any megawatts associated with the situation were to become available at a later date in the process. She noted that the on-line date was approximately June 2004 and there was typically slippage associated with having to do with licensing such as equipment delivery and contract delays. She said that the City would want to commit to the project due to the economics and in 2004, Utilities had two long-term contracts that would terminate and they equated to approximately 58 megawatts or $24.5 million. She said that the two contracts would terminate at a approximately the same time as the Magnolia Power project came on and Utilities could get 75 megawatts for $24.5 million and she noted that it would be an economic advantage for the City and it had been worked into the financial strategic plan and the plan did not require a rate increase. In response to Mayor Daly, Manager Edwards reported that the two contracts that expired in 2004 were with Deseret and Bonneville Power Authority for a total of 58 megawatts and approximately $24.5 million and that would be replaced by an entitlement share of Magnolia which was 75 megawatts at $24.5 million. She added that Utilities would receive roughly another 15 to 20 megawatts out of the Magnolia project for the same amount of money and would displace the cost associated with some additional megawatts and the net savings was probably greater than a break even. Manager Edwards said that as part of the economic .- . " ",.... ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 2 advantage, no one was able to meet the characteristics that the City would want for a long-term sale, other than an entitlement. She said that many of the marketers that owned generation and had credit ratings were all at a level to where the wholesale Risk Management policy precluded the City doing business with a vast majority the creditors. There was a tremendous amount of risk in being contract dependent at this point than there was in expanding the City's portfolio in an entitlement or an owned-share basis. The City's load continued to grow and did not commit the City up to 100 percent of the requirements and that was intentional. It was intended to largely supplant the contracted megawatts that were falling away or terminating in that same time frame. Council Member McCracken noted that with Deseret and Bonneville, the City had brought in power over a long distance and she asked if there would be any additional savings on power coming from Burbank rather than from Utah. Manager Edwards responded that there were transmission costs associated with the transaction that needed to be paid to get it out of the control area that Burbank was housed in which was Los Angeles Department of Water and Power and then move it through a portion of the Independent Service Operator grid to Anaheim. She added that the risk involving longer term transmission agreements had escalated daily and the City had experienced greater reliability by being able to purchase the energy closer to the City's load base. So much of what the City had was located in other states; such as New Mexico, Utah and Nevada and this project would eliminate all of that transmission risk between the out of state sources, she said, and it shrank the City's exposure dramatically. It was difficult to say what it would or would not do as far as the price of energy since it was under legislative regulation and it would be less because the mileage was less, she added. In response to Council Member Feldhaus, Manager Edwards said that there was an overlap period but there could be slippage issues and she added that either way, Utilities would manage that through wholesale trading. She explained that small short term blocks of power were purchased and the overlap was managed. Manager Edwards spoke about fuel diversity and said that in any supply portfolio, it was very critical not to have the power supply from just one facility and also that those facilities be supplied using different mediums for generation. If one medium became negatively impacted, the entire portfolio was not affected, she said, and it should be balanced. She said that the City was currently heavy in coal and approximately 67 percent of the supply was from coal plants and the addition of a gas plant would reduce the coal dependency. Adding gas to the City's portfolio was an advantage, she noted, whereas to others, it added to a substantial gas portfolio. Some of the operational characteristics of why the plant had an appeal was availability, she informed. A normal steam plant had a forced outage rate of between four to six percent and that was how frequently they were forced off the line, she said, and a newer plant was available to the greater extent of the time and was two to three percent in terms of forced outage rates. One of the main emissions from combustion of gas, when com busted gas was used to create heat to create electricity, was nitrous oxides. The amount of nitrous oxides that was put out by the plant was one-tenth of what existing, standardized power plants put out and she noted that environmentally it was not a burden and went a long way in improving air quality in the over-all south coast basin. She spoke about dispatching and said that electric consumption varied as people woke up and turned on lights and get to business and it peaked during the day and knocked off during the night. Utilities followed the customer demand curve, she said, by a combination of manipulating the current portfolio resources and buying and selling blocks of power around that load curve. The City did not currently have resources that were dispatchable and now the power purchases could be moved up and down by calling the plant and this was a -"" . ,.--- ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 3 significant advantage. She spoke about ancillary services and un-bundled electric delivery and said that even though many were still bundled, some were being broken down in price separately and the plant was equipped with the ability to provide the City with automatic generation control as well as having spinning reserves and those were two components that would not have to be purchased as much from the Independent Service Operator. Manager Edwards said that the Magnolia Power project would be an excellent investment for the City and its cost was less than older steam units. She showed the costs of San Onofre, which was a coal burner, Intermountain Power Plant, San Juan, which was a coal burner, Deseret, Combustion turbine, Magnolia was the proposed facility, Hoover was a hydroplant and Bonneville Power and she said that this was an opportunity to compare where Magnolia fit in. Manager Edwards said that the planning agreement had been approved earlier this year and a power sales agreement between Southern California Public Power Authority and Anaheim was before Council on March 5, 2002. She noted that Los Angeles Department of Water and Power wanted to charge the City $2.5 million as part of their standard tariff to get the energy out of Los Angeles service territory and that had been blended into Utility's analysis. She added that Utilities was working diligently to craft alternative arrangements to bring that energy in to the City. She explained costs to the Council and showed what the City's share would be. She said that the principal and interest was part of the City's contracted costs and did not show up as debt service and was approximately $5.5 million. Mayor Daly asked about the bond fund of $69 million and Manager Edwards said that it was a combination of the debt service reserve fund, the capitalized interest fund, the operating reserve fund, bond insurance and the cost of issuance. She noted that the City would receive a lot of the funds back at financing. She explained that the debt service reserve fund was for the protection of the bondholders and was sized at one year's debt service and was returned to the issuer with interest over time and principal at the end of the bond transaction if it was not used. The capitalized interest fund provided for all interest during construction, such the participants did not need to pay the debt service while the project was being constructed and the bond funding of interest assured current rate payers that they were not paying for a project that was not producing energy, she said. The operating reserve fund allowed participants to refund the reserve from bond proceeds, rather than out of cash, and protected the bond-holders from any temporary cash flow, she said, and was returned to the participants with interest at the end of the bond transaction. Mayor Daly asked about the annual energy costs of $53 million and Manager Edwards said that $24.5 million under the City's share would obtain the City 75 megawatts out of the project and 92 megawatts would approximate $32 million. She said it was gas and operating, maintenance, labor, site fees and chemicals and it was all operations. Mayor Daly asked how much fluctuation there would be in that number and Manager Edwards said that the key variable in the range of costs that might be paid had to do with fuel. Mayor Daly asked about the $53 million and Manager Edwards said it was based on $3.80 per MMBTU in the analysis for gas which was at the high end of gas. She noted that the first reading of the ordinance was on the agenda of March 5, 2002 and adoption was scheduled for March 19, 2002. She added that licensing was expected in March or April, 2002. Manager Edwards said that Utilities looked for a modeling strategy and contracted with the Rand Group to outline all of the alternatives for the City. She said that the City would be loosing money or value over time without Magnolia Power Project. Over a twenty-year time frame, she said that Magnolia Power Project was a better strategy for managing negative risks, she said. ~~." 4 "'-rf" -- .. ~-~-."_.- l' ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 4 The City could still go negative if prices and growth went high and if that managed most of the risk, the application of some long and short term contracts around that should mitigate the balance. She said that if Utilities managed to do the shorter term purchases around the longer term investment in the portfolio, the risk had been managed down to a point that she was comfortable with. She explained some of the main strategies and one was business as usual and the City would obtain Magnolia Power project and do long and short term contracts. There could be an accelerated sell-off of the City's generation assets to become more market dependent, she said, or the City could become more self-sufficient and not only buy into Magnolia, but a number of other energy efficiency and distributed generation options to cover all of the long-term need. The City could also do business as usual with no Magnolia Power Project, she said. Manager Edwards recommended moving forward with Magnolia Power project and shorter term contracts could be added. In response to Mayor Daly, Manager Edwards said that distributed generation was an occurrence in the industry and whether the generation could take off or fall flat depended on the City. She said that distributed generation could really boom and she had seen movement in the regulatory environment to facilitate it. Mayor Daly asked about efficiencies and Ms. Edwards said that with efficiency technologies, there were two thoughts and one was to build more generation and the other was to teach people how use energy more efficiently and use conservation, energy efficiency techniques. Mayor Daly asked if the Rand analysis had looked at the future regulatory issued impacting the City's existing power contracts with San Onofre, San Juan, etc., and Manager Edwards said it was more of a growth focus. She said that some of the risks associated with the other components of the City's portfolio were specific to what they were and she explained that managing nuclear risks meant to Utilities the application of completely uneconomic type mitigation strategies over and above what anyone could reasonably afford. She said that the San Onofre had to be physically operating and the transmission system surrounding it could not support itself without a plant being there. Council Member Kring asked if there were any other projects that the contracts were expiring that the City could be partners with other companies close by and Manager Edwards said that there were some other projects on the horizon. She said that there was talk of a third intermountain unit, expanded capacity at the coal plant in San Juan and both of those had a lot of the negatives that she had seen associated with it. She said that the City's neighbors had looked into putting in greater amounts of peaking capacity and that was inefficient and very expensive and would be used for emergencies only and she would not want to partner in that. Council Member Kring asked how many megawatts the City needed on a given day and Integrated Resources Manager, Steven Sciortino, said that typically during the winter the City ran 360 to 400 megawatts and in the summertime, 525 to 550 megawatts were run, depending on how hot the weather was. Manager Edwards said that the weather had a dramatic effect on load consumption and that made the job of projecting a challenge. Council Member McCracken asked when Utilities would know about the cities of Cerritos and San Marcos who had looked through legislative authority to participate as to whether they would or would not be included. Manager Sciortino responded that Utilities would know over the next one to two months. In response to Council Member Feldhaus, the cost commitment would be $24.5 million and if Utilities increased from 75 to 92 megawatts, economically the City's commitment would be $32 million, said the Public Utilities Manager. The City's ownership was 30.99 percent and would ,",,","_<L',C -.- -.1. .-......--. '"'!IT"- - . -..-,. ......,~,--....,,_...-.-;._-_ '__'_'~'_'~..." "," ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 5 move the City to a 40 percent shareholder, she said. It was a 250 megawatt plant and the City was a 30 percent owner, Burbank was a 30 percent owner and the balance of the shares were split up against the smaller municipalities. Mayor Daly asked about the cities of Cerritos and San Marcos. Manager Edward said that she had seen proposals that if San Marcos went ahead with the project, San Diego Gas and Electric may allow them their share of Magnolia. She said that she was ambivalent and that the variety of swings in terms of demand and that she would be happy with 75 megawatts and yet 92 megawatts in that price range was well within what would be remarketable. Mayor Daly asked why this was called the Southern California Public Power Authority study project and Ron Davis, General Manager of Burbank Utility, said that it would be owned by SCAPA and would be leased out to the cities just like with the Intermountain Power Project. Manager Edwards said that the term study indicated that it moved from the analysis to the commitment phase. ADDITIONS/DELETIONS TO CLOSED SESSION: None. City Attorney White stated that there was no need to discuss the one Closed Session item since there was no new information on it and that Council could recess to 5:00 P.M.. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Daly moved to recess, seconded by Council Member McCracken. Motion carried. Council Member Tait absent. The Council recessed to Closed Session at 4:49 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. AFTER RECESS: Mayor Daly reconvened the regular Council meeting of March 5, 2002 at 5:46 P.M. and welcomed those in attendance. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken. STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Meeks INVOCATION: Pastor David KolI, Anaheim Christian Reformed Church FLAG SALUTE: Council Member Tait Recognitions to be presented at a later date were a proclamation recognizing March 2002 as Colon Cancer Awareness Month and a proclamation recognizing April 29 - May 3, 2002 as Specialty Coffee Week At 5:49 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. .. "'PT . ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 6 Mayor Daly reconvened the City Council meeting at 5:52 P.M. ADDITIONS/DELETIONS TO THE AGENDA: City Attorney White requested a two-week continuance on Consent Calendar Item A2. PUBLIC COMMENTS: James Robert Reade, 100 West Midway Drive, Space #124, said that he was opposed to a public hearing regarding Lincoln Avenue at the February 26, 2002 Council meeting. Duane Roberts, 2276 Colchester, said he was present to speak regarding Item A2. Noting that the item had been continued for two weeks at the request of the City Attorney, he stated that he preferred to wait for the continuance. Ed Perez, 11343 Clarkman Street, Santa Fe Springs, said he was a representative of "Moving On Entertainment" and were the new tenants of the Freedman Forum. Freedman Forum was purchased by Hobby Lobby Corporation and was based out of Oklahoma, he said. It was diversified with over $1 billion in sales and he announced to the community that a progress plan had been started towards the arts, stage plays, musicals, ballets, orchestra, coral concerts and conventions conferences. He added that there would be good family entertainment and fun and events would start in April. Council Member Feldhaus asked if the restaurant would be opened and Mr. Perez said that a nice restaurant would be placed in that facility and that section would be subleased. Dwight Copeland, 9702 Vancouver Drive, said he was a representative of the homeowners in that section of the community. He said that it was a County plot and the boundaries were Gilbert, Brookhurst and Ball. He asked that the City Attorney and Code Enforcement officers check into the strip center where the Orange County Recovery Center was located on the corner of Colchester and Colony. He said that the landlord had continued to not maintain the property and people double and triple-parked and were now parking in the fire lane or alley between the senior center and strip center. He also spoke about an apartment complex at 2239 Colchester and said that the apartments were degrading and had become a blight and there were town homes on Vancouver Drive and the curb had been painted red adjacent to the town homes. Eight parking spots had been taken away on three different blocks, he added. Mayor Daly assured Mr. Copeland that all of the items mentioned would be investigated by the City Manager and staff. Michelle Shimmomae, 1616 S. Euclid, Space #124, spoke about rent control. She said her wage went up less than two percent and space rent went up every year and went up nine percent this year. She said if she stayed, her rent space would go up $200 to $300 per month in the next five years and she asked if there was anything that could be done. Mayor Daly said that in 1991 there was an effort to bring rent control to the mobile home park in the City and the citizens of Anaheim voted not to do that at that time. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. .... , 'n 1 ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 7 CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A11: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Item A2 was unanimously continued to March 19, 2002. Mayor Daly offered Resolution No. 2002R-59 for adoption. Motion carried unanimously. 105 A 1. 160 000 106 112 153 123 123 _... ., - ".n Receive and file minutes of the Golf Advisory Commission meeting held November 29, 2001. A2. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving amendments to the Conflict of Interest Code for the City and various agencies. City Attorney White requested a two-week continuance of Item A2 to March 19, 2002. A3. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to B.I.G. Enterprises, Inc., in the amount of $30,829.20 (including applicable taxes and shipping), for three portable ticket booths for the Anaheim Convention Center. A4. Approve a request from the Anaheim City Golf Championship Tournament Committee to waive the tournament surcharge of $10 per golfer per day for the 2002 tournament. A5. Approve an increase of $35,000 in expenditure appropriations for the for the Mother Colony and Library Donations Fund to purchase library books and rental materials. A6. Authorize the City Attorney to execute a conflicts waiver and waive any actual or potential conflict of interest to permit the law firm of McDermott, Will & Emery to represent Morgan Stanley Capital Group, Inc. and its affiliates in negotiating and drafting financial agreements. A7. RESOLUTION NO. 2002R-59 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Firefighters Association, Local No. 2899, and the City of Anaheim regarding Article 44 (staffing) of the Memorandum of Understanding. A8. Approve and authorize the Public Utilities General Manager to execute the Letter of Consent from Southern California Edison Company to allow Public Utilities to construct, operate and maintain disinfection improvements at Well No. 40. A9. ORDINANCE NO. 5809 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM approving the entering into of the Magnolia Power Project Power Sales Agreement. Authorize the Public Utilities General Manger to execute the Power Sales Agreement with Southern California Public Power Authority and to take such actions as are necessary to administer and implement the Magnolia Power Project. ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 8 123 A 10. Approve the Training Agreement with the California Highway Patrol to provide commercial enforcement training to Anaheim Police Officers. 106 A11. Amend the Police Department's fiscal year 2001/2002 budget by increasing revenues and expenditure in the 105 Fund by $850,000. END OF CONSENT CALENDAR 106 A 12. Consider additions and/or deletions to the budget for the fiscal year 2001/2002. No action taken by Council. Items B1 throuah B3 From Plannina Commission Meetina of February 11. 2002: (No action by City Council required unless expressly indicated. Council may consider and act upon such matters at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the request of any two Council members.) APPEAL PERIOD ENDS MARCH 5, 2002: 179 B1. CONDITIONAL USE PERMIT NO. 1322 AND NEGATIVE DECLARATION: (TRACKING NO. CUP 2001-04497) OWNER: Sidney E. Bickel Trust, 5585 Via Dicha, #B Laguna Hills, CA 92653 AGENT: The PRS Group, Attn: Phillip Schwartze 31682 EI Camino Real, San Juan Capistrano, CA 92675 LOCATION: 633 South East Street. Property is approximately 1.9-acres with a frontage of 240 feet on the west side of East Street located 182 feet north of the centerline of South Street (Quartz Dealer Direct). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on February 1, 2000 to expire October 1, 2001) to retain an automobile wholesale and retail auction facility. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 1322 to expire on March 1, 2003 (PC2002-23) (6 yes votes, Commissioner Vanderbilt absent) Negative Declaration previously approved. 82. CONDITIONAL USE PERMIT NO. 4098 179 AND NEGATIVE DECLARATION: (TRACKING NO. CUP 2001-04498) OWNER: Mission C. Praise, 1565 West Katella Avenue Anaheim, CA 92802 AGENT: Praise Mission Church, Attn: Paul Hwang 1726 South Angel Court, Anaheim, CA 92802 LOCATION: 1565 West Katella Avenue. Property is approximately 0.71-acre with a frontage of 101 feet on the north side of Katella Avenue located 286 feet west of the centerline of Bayless Street (Praise Mission Church). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on February 17, 1999 to expire on February 17, 2002) to retain a church in a converted single-family residence. ACTION TAKEN BY THE PLANNING COMMISSION --- . ---n ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 9 Approved reinstatement of Conditional Use Permit No. 4098 and deleted time limitation (PC2002-24) (6 yes votes, Commissioner Vanderbilt absent). Negative Declaration previously approved. REPORT AND RECOMMENDATION: 179 B3. VARIANCE NO. 127 - REQUEST FOR TERMINATION: (TRACKING NO. VAR 2002-04483) Larry Henry, 329 North Manchester Avenue, Anaheim, CA 92805 requests termination of Variance No. 127. Property is located at 329 North Manchester Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 127 terminated (PC2002-21) (6 yes votes, Commissioner Vanderbilt absent). Items B4 through B5 From ZoninQ Administrator Meeting of February 21. 2002: (No action by City Council required unless expressly indicated. Council may consider and act upon such matters at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the request of any two Council members.) APPEAL PERIOD ENDS MARCH 15,2002: 179 B4. 179 85. .,en VARIANCE NO. 2001-04466 CATEGORICALLY EXEMPT - CLASS 1: OWNERS: Susan Manuel, 201 Ocean Avenue, #601-B Santa Monica, CA 90402 Athanasios & Sofia Tatsis, 5051 E. Orangethorpe Avenue Anaheim, CA 92807 Christopher Drakos, 1741 N. Kellogg Drive, Anaheim, CA 92807 AGENT: Gerald Mintz, EATACOS, 19081 Spicewood Lane Huntington Beach, CA 92648 LOCATION: 5031 East Orangethorpe. Unit B-1. Property is 3.88-acre located at the northwest corner of Orangethorpe Avenue and Kellogg Drive. Waiver of minimum number of parking spaces to permit an increase in seating for an existing restaurant (including accessory outdoor seating) within a commercial retail center in the CL (SC) (Commercial Limited; Scenic Corridor Overlay) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2001-04466 approved (ZA2002-08). VARIANCE NO. 2002-04479 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Rahat Khan and Grace C.N. Khan AGENT: Rahat Y. Khan, 1938 N. Batavia Street, Suite K Orange, CA 92865 LOCATION: 697 South Scout Trail. Property is 0.58-acre having a frontage of approximately 102 feet on the southwest side of Scout Trail, a maximum depth of approximately 392 feet and is located approximately 345 feet southwest of the centerline of Trapper Trail. Waiver of minimum side yard setback to construct an addition to an existing single-family residence in the RS-HS-10,000 (Residential, Single-Family-Hillside) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2002-04479 approved (ZA2002-09). ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 9 Approved reinstatement of Conditional Use Permit No. 4098 and deleted time limitation (PC2002-24) (6 yes votes, Commissioner Vanderbilt absent). Negative Declaration previously approved. REPORT AND RECOMMENDATION: 179 B3. VARIANCE NO. 127 - REQUEST FOR TERMINATION: (TRACKING NO. VAR 2002-04483) Larry Henry, 329 North Manchester Avenue, Anaheim, CA 92805 requests termination of Variance No. 127. Property is located at 329 North Manchester Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 127 terminated (PC2002-21) (6 yes votes, Commissioner Vanderbilt absent). Items B4 throuah B5 From Zonina Administrator Meetina of February 21. 2002: (No action by City Council required unless expressly indicated. Council may consider and act upon such matters at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the request of any two Council members.) APPEAL PERIOD ENDS MARCH 15,2002: 179 B4. B5. 179 ..TT VARIANCE NO. 2001-04466 CATEGORICALLY EXEMPT - CLASS 1: OWNERS: Susan Manuel, 201 Ocean Avenue, #601-B Santa Monica, CA 90402 Athanasios & Sofia Tatsis, 5051 E. Orangethorpe Avenue Anaheim, CA 92807 Christopher Drakos, 1741 N. Kellogg Drive, Anaheim, CA 92807 AGENT: Gerald Mintz, EATACOS, 19081 Spicewood Lane Huntington Beach, CA 92648 LOCATION: 5031 East Oranaethoroe. Unit B-1. Property is 3.88-acre located at the northwest corner of Orangethorpe Avenue and Kellogg Drive. Waiver of minimum number of parking spaces to permit an increase in seating for an existing restaurant (including accessory outdoor seating) within a commercial retail center in the CL (SC) (Commercial Limited; Scenic Corridor Overlay) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2001-04466 approved (ZA2002-08). VARIANCE NO. 2002-04479 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Rahat Khan and Grace C.N. Khan AGENT: Rahat Y. Khan, 1938 N. Batavia Street, Suite K Orange, CA 92865 LOCATION: 697 South Scout Trail. Property is 0.58-acre having a frontage of approximately 102 feet on the southwest side of Scout Trail, a maximum depth of approximately 392 feet and is located approximately 345 feet southwest of the centerline of Trapper Trail. Waiver of minimum side yard setback to construct an addition to an existing single-family residence in the RS-HS-10,000 (Residential, Single-Family-Hillside) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2002-04479 approved (ZA2002-09). ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 10 Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at (714) 765-5139. 6:00 P.M. PUBLIC HEARINGS: 121 C1. A public hearing to consider the condemnation of certain real property located at 1025 West Lincoln Avenue. Public Works Civil Engineer Natalie Meeks presented a staff report and stated that the resolution was for the acquisition of right of way necessary for the construction of the Lincoln Avenue Phase II Street Widening Project. The proposed project would widen Lincoln Avenue, she said, east and west of West Street and improve the intersection operations and the project had been environmentally cleared through a previously approved negative declaration and conformed to the City's master plan for arterial highways and the transportation element of the City's general plan. She said that the project would include traffic circulation on Lincoln Avenue which was one of the City's major arterials and one of the primary accesses from the 1-5 Freeway to the down town area. The area currently operated at a level of service "D" and traffic projections anticipated a significant increase in the traffic with the build out of the general plan, she noted. Construction of the project required acquired acquisition of a portion of the property located at 1 025 West Lincoln Avenue. She said that a self service car wash was currently operating on the property and the City's appraiser had determined could continue to operate on the site in the after condition. An offer to acquire the necessary portion of the property had been made to the property owner and there had been negotiations. Public Works would continue to work with the property owner to reach a settlement for the acquisition, she said, and the project was scheduled for construction this summer. Due to funding requirements, she said, the project must move forward for construction by June 30, 2002. Mayor Daly opened the public hearing. He said that testimony from the owner of record or a designated representative would be limited to five issues: whether the public interest and necessity required the project; whether the project was planned and located in a manner that would be most compatible with the greatest public good and least private injury; whether the property sought to be acquired was necessary for the project; whether the offer required by Government Code Section 7267.2 had been made to the owner or owners of record and whether the City had met all of the pre-requisites to the exercise of eminent domain in connection with the property. Bruce Carlin, 952 Tingling Lane, San Diego, said that the parcel was a shallow, commercial corner lot of approximately 20,000 square feet that was leased to the operator of a coin operated car wash. He said that the City had planned to widen the street and had proposed the partial taking involving a strip of frontage approximately sixteen feet deep running length of the property. He urged the Council to continue the matter for two to four weeks and to not adopt the resolution of necessity. He said that the City's Redevelopment Agency had offered to purchase the entire parcel at a price that he found to be acceptable. He said that the City's escrow agent had delivered to the owner, proposed escrow instructions and his attorney was working with the City's agent, Roger Cunningham, to finalize the document. He said that he was flexible and the City had shown the willingness to be flexible and he expected that the matter would be concluded to everyone's satisfaction in a few weeks. He said that he was not opposed to the City's right of entry and he would not hold up construction. The proposed escrow instructions contain such a right of entry and if the Council approved the resolution of necessity while the --'on ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 11 discussions were under way, he added that both the City and his family would become involved in a costly and unnecessary legal undertaking. He explained that the City would have to draft a complaint and file it with the court, pay court fees, attempt to obtain quarters of possession, put up security deposits to obtain orders of process, go to the expense of serving process on his parents, requiring his parents to file an answer. This represented significant, unnecessary effort and expense for both parties since the City already had the makings of the deal for the acquisition of the property, he said. If formal action on the resolution was continued, it was probable that the parties would reach an agreement within a few weeks and all the legal maneuvering and costs associated could be avoided. He said that the second reason he urged Council to continue the matter was that certain requirements of law must proceed a resolution of necessity and those had not been fully satisfied. Section 1245.230 of the California Code of Civil Procedure required that an offer, which fully met the requirements of Section 7267.2 of the Government Code, had been made to his parents, he said. He explained that prior to adoption of the resolution of necessity and initiating negotiations for the acquisition, the public entity shall establish an amount, which was compensation and would make the offer in the full amount, he said. The public entity should provide the owner a written statement and summary of the basis for the amount it established as just compensation, he informed. The written statement and summary should contain details sufficient to indicate clearly the basis for the offer, he said, including the date of valuation, highest and best use, and applicable zoning, principal transaction, reproduction or replacement cost analysis and capitalization analysis supporting the determination of value and where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanations supporting the compensation, including any offsetting benefits. He said that the public entity may, but was not required to, satisfy the written statement summary and review requirements of this section by providing the owner a copy of the appraisal. These requirements of law had not been fully met, he said, and he had not been provided a reproduction or replacement cost analysis and capitalization analysis supporting the determination of value. He added that he had not been provided a copy of the calculations, a narrative explanation supporting the compensation and had not been provided a copy of the City's appraisal. He added that the letter he received stated that the appraiser had given full consideration to the highest and best use of the property and all features inherent in the property affecting its market value. He said that the letter said that the highest and best use was as improved as a self-service car wash and he said that no narrative was presented to support the assertion. He concluded by requesting that the matter be continued for two to four weeks and would spare both the City and himself the cost of the legal formalities of responding to a resolution of necessity and the requested continuance would not adversely impact the City's street widening construction schedule. He said that the City must continue the matter or it would be unlawful for the City to adopt the resolution of necessity until all of the conditions speCified in the new law, California Government Code Section 7267.2, had been met. Mayor Daly closed the public hearing. Civil Engineer Meeks stated that Public Works had been in discussions with property owner regarding a full-take of the property and were moving forward on that. She said that Public Works would still have to condemn-out the tenant, the lease interest on the property for this portion that was needed for the street improvements. She said the City was purchasing the property subject to the existing lease on the property and she would need to come back and condemn-out that portion of the lease for the street widening. She said that if the acquisition agreement was done within the next two to four weeks, as the owner had indicated, the documents could be reviewed by the owner and returned to Public Works and they would not be --~ , -11 ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 11 discussions were under way, he added that both the City and his family would become involved in a costly and unnecessary legal undertaking. He explained that the City would have to draft a complaint and file it with the court, pay court fees, attempt to obtain quarters of possession, put up security deposits to obtain orders of process, go to the expense of serving process on his parents, requiring his parents to file an answer. This represented significant, unnecessary effort and expense for both parties since the City already had the makings of the deal for the acquisition of the property, he said. If formal action on the resolution was continued, it was probable that the parties would reach an agreement within a few weeks and all the legal maneuvering and costs associated could be avoided. He said that the second reason he urged Council to continue the matter was that certain requirements of law must proceed a resolution of necessity and those had not been fully satisfied. Section 1245.230 of the California Code of Civil Procedure required that an offer, which fully met the requirements of Section 7267.2 of the Government Code, had been made to his parents, he said. He explained that prior to adoption of the resolution of necessity and initiating negotiations for the acquisition, the public entity shall establish an amount, which was compensation and would make the offer in the full amount, he said. The public entity should provide the owner a written statement and summary of the basis for the amount it established as just compensation, he informed. The written statement and summary should contain details sufficient to indicate clearly the basis for the offer, he said, including the date of valuation, highest and best use, and applicable zoning, principal transaction, reproduction or replacement cost analysis and capitalization analysis supporting the determination of value and where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanations supporting the compensation, including any offsetting benefits. He said that the public entity may, but was not required to, satisfy the written statement summary and review requirements of this section by providing the owner a copy of the appraisal. These requirements of law had not been fully met, he said, and he had not been provided a reproduction or replacement cost analysis and capitalization analysis supporting the determination of value. He added that he had not been provided a copy of the calculations, a narrative explanation supporting the compensation and had not been provided a copy of the City's appraisal. He added that the letter he received stated that the appraiser had given full consideration to the highest and best use of the property and all features inherent in the property affecting its market value. He said that the letter said that the highest and best use was as improved as a self-service car wash and he said that no narrative was presented to support the assertion. He concluded by requesting that the matter be continued for two to four weeks and would spare both the City and himself the cost of the legal formalities of responding to a resolution of necessity and the requested continuance would not adversely impact the City's street widening construction schedule. He said that the City must continue the matter or it would be unlawful for the City to adopt the resolution of necessity until all of the conditions specified in the new law, California Government Code Section 7267.2, had been met. Mayor Daly closed the public hearing. Civil Engineer Meeks stated that Public Works had been in discussions with property owner regarding a full-take of the property and were moving forward on that. She said that Public Works would still have to condemn-out the tenant, the lease interest on the property for this portion that was needed for the street improvements. She said the City was purchasing the property subject to the existing lease on the property and she would need to come back and condemn-out that portion of the lease for the street widening. She said that if the acquisition agreement was done within the next two to four weeks, as the owner had indicated, the documents could be reviewed by the owner and returned to Public Works and they would not be """-",,'_"L..."t.".....,,.-""'Ir'9" fi",_,_,."",_,,""''''''-_FC_', ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 12 involved in litigation and the City would not file against them in the court and the City would just file against the tenant interests in the property since they would no longer have an interest in the property. She said that a two week continuance was acceptable. Mayor Daly moved, seconded by Council Member McCracken, to continue Item C1 for two weeks to March 19, 2002. Motion carried unanimously. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1025 West Lincoln Avenue for the purposes of conducting roadway improvement (R/W ACQ 2001-00025) (Continued from the Council meeting of February 26, 2002, Item C8). 176 C2. Public hearing to consider the abandonment of Ox Road, generally located west of the Santa Ana Freeway (1-5) and east of Disneyland Drive, extending northerly from Ball Road. At its meeting held January 29, 2002, Item A 18, the Anaheim City Council adopted Resolution No. 2002R-33 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA 2001-00037) (Ox Road, west of the 1-5 and east of Disneyland Drive). Public Works Civil Engineer Natalie Meeks presented a staff report and said that the abandonment of Ox Road was part of the acquisition agreement which the Council approved previously with the Sheraton. She said that the City had entered into a three-way agreement between the City, Orange County Transit Authority and the Sheraton and the Sheraton would be acquiring the Spaghetti Station property and part of the agreement was that the City would abandon Ox Road to consolidate all of those parcels. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of Categorically Exempt, Class 5. Motion carried unanimously. Mayor Daly moved, seconded by Council Member McCracken, to approve the Quit Claim Deed. Motion carried unanimously. Mayor Daly offered Resolution No. 2002R-60 for adoption. RESOLUTION 2002R-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND PUBLIC SERVICE EASEMENTS FOR ABANDONMENT NO. 2001-00037. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - O. Abstained - 1, Council Member Tait. Motion carried. , 1T l ~.. ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 13 176 C3. Public hearing to consider the abandonment of a public utility easement located on the east side of White Star Avenue between Blue Star Avenue and La Palma Avenue. At its meeting held January 29, 2002, Item A 19, the Anaheim City Council adopted Resolution No. 2002R-34 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2001-00049) (White Star Avenue between Blue Star Avenue and La Palma Avenue). Public Works Civil Engineer Natalie Meeks presented a staff report and said that the public utility easement was no longer required by the Public Utility Department. She said that alternate public utility easements had been dedicated to serve the property. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of Categorically Exempt, Class 5. Motion carried unanimously. Mayor Daly offered Resolution No. 2002R-61 for adoption RESOLUTION 2002R-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS FOR ABANDONMENT NO. 2001-00049. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. Report on Closed Session Actions: None. Council Communications: Council Member McCracken noted that there was no meeting on March 1 ih due to the National League of Cities meeting. Council Member Kring announced that early detection was the key to saving lives since March was Colon Cancer month. Council Member Feldhaus directed staff to prepare an updated report on the golf courses and how they were performing. Mayor Daly directed the City Manager to report back to Council regarding negotiations pertaining to the Dad Miller Golf Course. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 6:35 P.M. -'~~"''''n'''' .......-...-...-- "'- ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 5, 2002 PAGE 14 Respectfully submitted: ~~ Sheryll Schroeder, CMC/AAE City Clerk ___~...., . . _..,..... __.... ..,..,.._ .,.. "." ._.;....."_"...e~_..,,__.._.,,""_.,...._~~