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2002/03/19 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING MARCH 19, 2002 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryl! Schroeder, Parks Superintendent Jack Kudron, Traffic and Transportation Manager John Lower, Public Utilities New Product Development Specialist Dukku Lee, Zoning Division Manager Greg Hastings, Executive Director of Planning and Community Development Joel Fick. A copy of the agenda for the meeting of the Anaheim City Council was posted on March 15, 2002 at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 4:37 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONSIDELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Pro Tem Feldhaus moved to recess to Closed Session, seconded by Council Member McCracken, Motion carried. Mayor Daly temporarily absent. The Council recessed to Closed Session at 4:38 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. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Yorba Linda v. City of Anaheim, Orange County Superior Court Case No. 01 CC09320. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Chevy Chase Anaheim Partners v. City of Anaheim, Anaheim Housing Authority, et aI., Orange County Superior Court Case No. 01 CC09569. 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code): one potential case. 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1025 West Lincoln Avenue, Anaheim California Agency negotiators: Joel Fick, Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Robert and Esther Carlin Under negotiation: Price and terms ,.,. ~.-. ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19, 2002 PAGE 2 6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Chevy Chase Anaheim Partners v. City of Anaheim, Anaheim Housing Authority, et aI., Orange County Superior Court Case No. 01 CC09569. AFTER RECESS: Mayor Daly called the regular Council meeting of March 19,2002 to order at 5:45 P.M. and welcomed those in attendance. INVOCATION: Reverend Mary Hibbard, Anaheim United Methodist Church FLAG SALUTE: Council Member McCracken PROCLAMATIONS AND DECLARATIONS: Presenting Miss Anaheim 2002 Recognitions to be presented at a later date was a declaration recognizing the Bethel Baptist Church on the Centennial Anniversary At 5:53 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meetings. Mayor Daly reconvened the City Council meeting at 6:18 P.M. ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Sheryll Schroeder PUBLIC COMMENTS: James Robert Reade, 100 West Midway Drive, Space #124, said that Josie Montoya had been instrumental in urging the California Attorney General's Office to intervene and assist in facilitating meetings between the Police and Hispanic residents. He said that he would like to have African American police officers serve in the highest chain of command in the Police Department. He added that the Business License Division had told him that Golden Skies Mobile Home Park did not have a license to operate and he asked if Council would see to it that a license was issued. Duane Roberts, 2276 Colchester Drive, urged the Council to vote in favor of the Resolution to amend the Conflict of Interest Code for the City. The resolution would toughen up disclosure requirements for employees in sensitive positions, he said, especially for Council Assistants. He had asked former City Manager, Jim Ruth, to open up an investigation to see if any internal policies had been violated and he spoke about a former Council Assistant who purportedly accepted a consulting fee from an individual who had been actively lobbying the Council and Planning Commission on matters relating to land use. He said that the Fair Political Practices Commission ruled that any monetary or non-monetary payment made for the purpose of influencing the action of the voters for or against the nomination or election of a candidate or candidates, and stated that the issue had been the subject of an investigation by the Orange County District Attorney's Office and he did not know what the status was and what action would be taken. Mayor Daly said that Mr. Reade had commented on the City's Police Department policy regarding African Americans in management positions. ."'..~ ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19,2002 PAGE 3 City Manager Morgan stated that a report was being prepared and would be completed in one week. He said that staff had wanted to take the time to prepare the record in that regard which he said was a very good record. Manager Morgan did not know the status of the business license for the Golden Skies Mobile Home Park and would look into it. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member Tait. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A26: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommp.ndations furnished each Council Member and as listed on the Consent Calendar. Item A5 continued to April 23, 2002; Council Member McCracken voted no on Item A14; Council Member Tait voted no on Item A24 and abstained on Items A 19 and A20. Mayor Daly offered Resolutions Nos. 2002R-62 through 2002R-67 and Ordinance Nos. 5807 through 5809 for adoption. Motion carried unanimously. 118 A1. Reject certain claims filed against the City. 118 A2. Reject the application for leave to present a late claim. 128 A3. 105 Receive and file the Monthly Financial Analysis Report presented by the Finance Director for seven months ended January 31,2002; minutes of the Redevelopment and Housing Commission meeting held December 5, 2001; and minutes of the Golf Advisory Commission meeting held January 24, 2002. Council Member Feldhaus spoke about the minutes of the Golf Advisory Commission and said that the Park Superintendent had talked about placing a water well at the driving range at Dad Miller Golf Course to provide an ongoing revenue stream to pay for the land lease from the County. Parks Superintendent, Jack Kudron, stated that the Water Department had approached him in terms of looking for additional well sites in the City and they were interested in the site at Dad Miller on the City-owned property, not in the County lease-hold. It was directly west or behind the electric substation, he said. The City was looking at the feasibility, he said, and it would be treated similar to the way cellular tower leases were treated. There were two cellular phone towers on two parks and the land was leased and there was an ongoing revenue source, he noted, and dollar amounts had not been discussed. City Manager Morgan added that in discussions with Utilities the City was looking at the possibility of using the well to assist in the irrigation of the golf course and there may be further advantages to the transaction. He said that the piece of property was unused and unproductive and was in an odd location. 166 A4. Reject all bids submitted for the changeable message signs at Katella Avenue, Ball Road and Anaheim Way. Mayor Daly asked what could be expected with the redesign of the changeable message signs and if they would be larger and would have different electronics. He was also concerned about how effective the large signs were since they were obtrusive in the Resort Area. +-O-.~ ^'"' ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19, 2002 PAGE 4 Traffic and Transportation Manager John Lower, stated that the signs would be the same size as in the Anaheim Resort. The intent, he said, was to provide information to the motorist while in route and alleviate the uncertainty of the motorist. The information provided would be if there was congestion ahead, how far ahead and if there were alternate routes around the congestion or directions to park at a special event. Mayor Daly directed the City Manager to prepare guidelines, standards and suggestions in response to concerns raised. City Manager Morgan said that staff would follow up and find out if there were industry standards or research that showed the effectiveness of the signs or alternatives to get the same job accomplished. Council Member Tait said the signs did not go with the theme of the garden district or pedestrian district and he asked to rethink the idea of the signs. Mayor Daly said that staff should reconsider how many should be installed since they would be redesigning since the bids were too high. He said with the heavy landscaping in the Resort District, a pedestrian-friendly district, and that the large signs did not fit in like they did in the stadium area. A5. Adopt and approve a Negative Declaration for the Combined West Anaheim Area Master Plan of Sanitary Sewers. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Combined West Anaheim Area Master Plan of Sanitary Sewers. Mayor Daly moved, seconded by Council Member Feldhaus, to continue Item A5 to April 23, 2002, as requested by the City Manager. Motion carried unanimously. 123 A6. A7. 170 123 A8 A9. 158 A10. 158 .........-. Approve and authorize the Mayor and City Clerk to execute the First Amendment to the Agreement with AMEC Earth & Environmental, Inc., to increase the expenditure authority by $75,000 for testing, inspection and consulting services for City projects. Approve and authorize the Mayor and City Clerk to execute the Final Map and Subdivision Agreement of Tract No. 15961 with Summer Creek Hollow Homes, L.P. for property located at 4128 East Addington Drive. Approve and authorize the Mayor and City Clerk to execute the Settlement Agreement and Full Release, in the amount of $5,000 to the Snell & Wilmer Trust Account, for acquisition of real property located at 969 South Euclid Street. RESOLUTION NO. 2002R-62 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10495, 10491, 10490, 10489 and 10488). RESOLUTION NO. 2002R-63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10492, 10496,10493 and 10494). ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19,2002 PAGE 5 123 A 11. Accept the bid and authorize the Mayor and City Clerk to execute the agreement with Preferred Aerial & Crane Technology, Inc., in an amount not to exceed $45,000, for aerial device inspection and testing services for the Department of Public Works for a one-year term with four optional one-year extensions renewable at the discretion of the City Manager exercisable by the Purchasing Agent in accordance with Bid #6226. 123 A 12. Accept the bid and authorize the Mayor and City Clerk to execute an agreement with Quality Light and Electric, in an amount not to exceed $150,838.23, for electrical maintenance services including labor, equipment, parts and materials at the Anaheim Resort District for a one year term with three optional one-year extensions and authorize the Purchasing Agent to execute renewal options in accordance with Bid #6228. 160 A 13. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Spohn Ranch, Inc., in the amount of $64,357.01 (including tax, shipping and installation), for a skatepark course adjacent to the downtown Anaheim Boys and Girls Club. Council Member Feldhaus commented that at the West Anaheim Neighborhood Development Committee meeting that staff had said the skate board park at Brookhurst Park had been cut in half to about 7,000 square feet and the rest rooms would not be built. He said that in speaking with the City Manager, the skate park would be 10,000 square feet and the City had found the money to complete the restrooms as scheduled. Parks Superintendent Jack Kudron said that completion was scheduled in June for the downtown skate park and the skate park at Brookhurst was scheduled for completion in August. Council Member Feldhaus asked about another skate park in Anaheim hills area and Superintendent Kudron said that a memorandum had been sent to Council regarding the sites that the Parks Division was investigating. Council Member Feldhaus said that a 20,000 square foot skate park for the down town, La Palma Park area was scheduled for national competition practices. City Manager Morgan said that Brookhurst skate park had not been cut in half and would be built at the full scale presented and the funding had been reconciled and the restrooms were included. 153 A14. RESOLUTION NO. 2002R-64 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 97R-101 which established rates of compensation for unrepresented part-time job classifications. Council Member McCracken voted no on Item A 14 explaining that the item added another classification of Council Assistants who, without intervening substantive review, made recommendations to the Mayor and/or Council requiring the exercise of judgement, the purpose of which was to influence a governmental decision. She added that this was in opposition to the City Charter, which said that Council Members only supervise and hired four particular employees; the City Manager, City Attorney, City Treasurer and City Clerk. She said that there would now be another class of assistants who could give their recommendations and judgment to influence a governmental decision. She said if individuals needed advice elsewhere, outside of the regular professionals the City had, then those individuals should be paying for the advice themselves and it should not be from the City budget. ~,.. .-. 123 129 174 123 ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19, 2002 PAGE 6 Council Member Tait noted that it was good for the public to see financial disclosure of Council Assistants or key employees' outside income. 160 A 15. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Litton Integrated Systems, in the amount of $168,587 (including tax, shipping, programming and extended warranty), for upgrades to fifty-five trunk mounted mobile data computers found in the Police Department's fleet of marked patrol cars. 113 A 16. RESOLUTION NO. 2002R-65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving amendments to the Conflict of Interest Code for the City and various agencies (Continued from the Council meeting of March 5,2002, Item A2). 106 A 17. Approve the fiscal year 2002/03 City Council budget hearing schedule for review and adoption of the proposed budget and set public hearings regarding said matter for May 14, May 21 and June 4,2002 at 2:00 p.m. 179 A 18. Approve a Negative Declaration for the Betsy Ross Parksite Development Project (Continued from the Council meeting of February 26, 2002 Item A 17). 123 A 19. Approve the First Amendment to Agreement with the County of Orange and increase the City's grant allocation by $53,000 from CalWORKs Performance Incentive and Community-Based Family Support Services Funds for the purpose of modifying and increasing services that promote safe and stable families. Council Member Tait abstained on Item A19. 123 A20. Approve the Amendment to the Building and Roof Lease Agreement with AB Cellular LA, LLC dba AT&T Wireless authorizing the placement of a cell site within the Anaheim Convention Center. Council Member Tait abstained on Item A20. A21. Approve and authorize the City Manager to execute the Workforce Investment Act Vendor Agreements with Advanced Computer Technology, American Career College, Inc. and Center for Employment Training for provision of occupational skills training services. A22. Authorize transfer of ownership of five used LifePak 10 monitors/defibrillators and battery systems from CARE Ambulance Service, Inc. to the City. A23. RESOLUTION NO. 2002R-66 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing annual submittal of an application for and acceptance of a grant from the California Integrated Waste Management Board for a Used Oil and Household Hazardous Waste Recycling Program for fiscal years 2002/2003 through 2004/2005 and authorizing the Fire Chief to take any and all actions necessary to implement the Program. A24. Approve and authorize the Pubic Utilities General Manager to execute the agreements with Century Laminators, Inc., Star Laminators, Inc. and Taylor-Dunn Manufacturing Company, Inc., for a total cost of $260,000, to assist said entities in developing energy - ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19,2002 PAGE 7 projects which increase energy efficiency, reduce pollution and toxic emissions and encourage innovative energy applications. Council Member Tait said he was voting no on Item A24 and said that the City was subsidizing three Anaheim businesses. He said that the money would be better spent reducing rates or something that was for the general benefit of all the rate payers. City Manager Morgan said that the items were part of the Advantages Service Program that went through the electric utility, which was part of the public benefit program. He said that there was a variety of categories that met the test in terms of improving energy efficiency and environmental benefits and that the three businesses had qualified by applying for projects that would improve energy efficiency and have positive environmental effects. He said that the dollars were immediately available to lower rates. Council Member Tait said that the companies received energy savings and that would be enough for them to buy the equipment. He said he believed that the City should be in the business of helping companies buy equipment and if the City had money to spend, it should be spent on lowering the rates which was something that would benefit all rate payers. Council Member Kring stated that this was a public benefit fee that was mandated by Sacramento and the rate payers were saving money. The aggregate of the nineteen projects that had been awarded in the past, she said, plus the three projects, beside lowering of the air emissions and the increase in recycling efforts, improving energy efficiency would save 2.8 million kilowatt hours per year and that meant that the City did not have to go out and buy that extra energy. She added that with short-term contracts, there was no telling what the cost of the energy would be day to day and she saw this as a saving for all the rate-payers in the City. Council Member Talt said he disagreed and that it was a savings to the three companies but all the rate payers would not benefit. City Manager Morgan said that the rest of the rate payers would receive some benefit to the extent that the City did not need to go out on the spot market to pick up that piece of the load because the City's total load was now less. It exposed that much less of the total energy portfolio to the spot market, he said, and in that sense, there was some savings overall distributed to the rate payers. Public Utilities New Product Development Specialist, Dukku Lee, said that there were four categories that were available for public benefit funding and they were renewables, energy efficiency, low income services and research and development. The three company projects feli under research and development and energy efficiency, he noted. Council Member Tait asked if a certain amount had to be spent in each category and Mr. Lee said it was not in each category, it was 2.85 percent for an aggregate for all four of the categories. Council Member Tait said that the expenditure benefited three companies entirely and since the money had to be spent, he said he would vote to spend the money on something that benefited all the rate payers. He said that the money should not be spent on them just because it is energy efficient. -- -~........ ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19, 2002 PAGE 8 City Manager Morgan said he would bring back to the Council the current distribution of what percent went to the low income, renewables, energy efficiency and research and development since it was divided up by policy. He said that some of the public benefit had been invested into the three types of projects listed in Item A24 because that was the spirit behind public benefit and it was intended to encourage new technology and techniques to lower the overall load. Mayor Daly asked if the public benefit fund was being used for solar installation and Mr. Lee said that it was a renewable which was one of the categories. Mayor Daly spoke about the use of solar installations on the roof of Anaheim High School and the Convention Center and City Manager Morgan clarified that those installations were funded by the public benefit fund and if Council would like to review the different categories, the opportunity was there. Mayor Daly asked about the Taylor-Dunn product development of a product that used less energy and Dukku Lee said that the Taylor-Dunn project was used to develop an efficient chassis or drive system and implement it in a neighborhood electric vehicle. He said that the vehicle offered the utility a benefit of night-time charging and provided the community with more environmentally safe vehicle transportation versus propane or gasoline powered vehicles. The project was in the design stage and they were requesting the award amount as part of their proposal to help them further along the development. Council Member Tait said the money from the City would be used for the vehicle that Taylor- Dunn would develop anyway and it would be taking the public benefit fee selectively for a few large companies. 179 A25. ORDINANCE NO. 5807 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the Disneyland Resort Specific Plan No. 92-1 and Chapter 18.78 of the Anaheim Municipal Code and amending Ordinance Nos. 5377 and 5378, as previously amended, accordingly (Amendment No.5) (Introduced at the Council meeting of February 26, 2002, Item C10). ORDINANCE NO. 5808 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving the First Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and Excel Pointe Anaheim, LLC, (ii) making certain finding related thereto, and (iii) authorizing the Mayor to execute said agreement for and on behalf of the City (Introduced at the Council meeting of February 26, 2002, Item C10). 175 A26. ORDINANCE NO. 5809 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM approving the entering into of the Magnolia Power Project Power Sales Agreement (Introduced at the Council meeting of March 5, 2002, Item A9). RESOLUTION NO. 2002R-67 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing officials to execute and deliver the Magnolia Power Project Power Sales Agreement and approving the share of capacity and energy to be purchased pursuant to the Magnolia Power Project Power Sales Agreement. END OF CONSENT CALENDAR 106 A27. Consider additions and/or deletions to the budget for the fiscal year 2001/2002. ...... ..., ~. .'-~-----_......--...__.._--_.... ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19,2002 PAGE 9 No action taken by Council. Mayor Daly asked that the item be removed from future agendas since budget hearings were scheduled for May and June. 114 A28. Appoint a Council Member representative to the California-Nevada Super Speed Train Commission. Mayor Daly asked for a report on the circumstances of the two super speed train commissions at work in California. He said that he had questions regarding how the City's representative would fit into the bi-state, California-Nevada Commission, which was the discussion item, and the California Commission. He mentioned that Floyd Farano was not appointed by Anaheim to the Commission and had been appointed by the State government and then Mr. Farano chose to resign. Mr. Farano was replaced by an Orange County citizen that was not from Anaheim and Mayor Daly would like to have more information before acting to appoint someone to the Commission. Council Member McCracken asked if other cities such as Ontario and Las Vegas were going to have elected representatives to the commission as well and she asked if the staff from any of the other cities were involved. She noted that Council was not told when and where the meetings would be held. Council Member Kring said that Mr Wapner was an Ontario Council Member and he was on the Commission and she noted that there were people on the Commission from the various cities along the train line. Council Member Tait said he thought the best way to answer the questions would be to have a Council Member on the Commission. He said if it was something that the Council did not want to be part of, the City could withdraw. He said he was glad that the City had been asked to place a Council Member on the Commission and he would rather have someone from Anaheim than any other city. He nominated Council Member Kring. Council Member Feldhaus asked why the Commission asked for a Council Member rather than a staff member or an appointment at large. Mayor Daly said he would need more information before making an appointment and it sounded to him like it could be someone from Anaheim whether it be a Council Member or a citizen. He said that the Commission applied for federal grants and had been successful in that process. He asked for a one-week continuance to explore the details with the Commission staff. Mayor Daly moved, seconded by Council Member McCracken, for a one-week continuance of Item A28 to March 26, 2002. Motion carried. Council Member Tait voted no. Mayor Daly commented the California high speed rail effort was just for California and linked many of the major cities in California. He said he did not believe that anyone from Orange County was on that Commission and he did not think any of the routes served Orange County. The routes from Los Angeles to San Diego went through Riverside and San Bernardino Counties. City Manager Morgan informed that he had seen renderings that showed the California high speed train coming through Anaheim which raised the question as to why Orange County was not represented. He would prepare backround on both trains and how they interplay with each other. - ...-. ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19,2002 PAGE 10 Items B1 throuah B8 From Plannina Commission Meetina of February 25. 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 19, 2002: 179 B1. CONDITIONAL USE PERMIT NO. 2001-04464 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Jillbridge Corp., 2141 Glendale Galleria #107 Glendale, CA 91210 AGENT: Lee, Lee & Pao. LLC, Attn: Gei-Jon Pao 1407 North Batavia #201, Orange, CA 92867 LOCATION: 851 South Harbor Boulevard. Property is approximately 1.6-acres with a frontage of 338 feet on the west side of Harbor Boulevard located 340 feet south of the centerline of South Street. Request to permit a self-serve Laundromat. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04464 granted (PC2002-26) (4 yes votes, Commissioners Bostwick, Boydstun and Vanderbilt absent). In response to Council Member Feldhaus, Zoning Division Manager Greg Hastings stated that there was a condition imposed at the Planning Commission hearing based on a sewer study that was done because of the timing of when the water went into the sewer system. He said that there was a condition of approval that required certain hours of discharge into the system. Engineering staff was here to discuss that with the applicant and the Commission. In response the Council Member Feldhaus, Executive Director of Planning and Community Development Joel Fick said that what was being done was to distribute out the load into lesser peak time periods. Public Works Civil Engineer Natalie Meeks said that there was a sewer study required that was done by the property owner and had determined that there was not capacity for standard use of the laundromat. The sewer study identified non-peak hours to discharge and the project had been conditioned, she said. He could use a holding tank and then discharged the sewer flow during non-peak hours, she said, and there was enough information on sewer flows to determine what those hours were and they were typically in the middle of the night. She said that it was one of his options and the owner could identify certain hours that he could operate that were non-peak hours and that was another option provided to him to do the holding tank until there were sewer flows available when improvements went in but those were some time off. She added that the property the sewer line served was large enough that an individual peak flow that might be off the regular timing was leveled off over an area and there was information that justified the limited hours of availability in the sewer lines. Council Member McCracken asked if the sewers in the area were planned for being upgraded and Ms. Meeks responded that they were in the Public Works master plan of improvements. Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus. Set for public hearing April 9, 2002. 179 B2. CONDITIONAL USE PERMIT NO. 2001-04499 AND NEGATIVE DECLARATION: OWNER: Tosco Corp., 2585 West La Palma Avenue - ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19, 2002 PAGE 11 Anaheim, CA 92801 AGENT: Olfati Design Group, Attn: Ali R. Dogmetchi 5199 East Pacific Coast Highway, Suite 320N, Long Beach, CA 90804 LOCATION: 2585 West La Palma Avenue. Property is approximately 0.52-acre located at the northeast corner of Magnolia Avenue and La Palma Avenue [Union Oil (76) Service Station]. Requests to establish conformity with existing Zoning Code land use requirements for an existing automobile service station and to permit the conversion of the existing service station building into an accessory food mart with sales of beer and wine for off premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04499 denied (PC2002-31) (4 yes votes, Commissioners Bostwick, Boydstun and Vanderbilt absent). Negative Declaration approved. City Clerk Sheryll Schroeder announced that Item B2 had been appealed by the Agent and would be set for a public hearing. Public hearing scheduled for April 23, 2002. 179 B3. B4. 179 179 B5. -- .-.......... CONDITIONAL USE PERMIT NO. 2002-04513 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00005 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Bonnie M. Weberg, 1360 East Maple Street Glendale, CA 91205 AGENT: Alicia Cornejo, 1301 San Ponte Road, Corona, CA 92882 LOCATION: 1287-A East Lincoln Avenue. Property is approximately 4.2-acres with a frontage of approximately 430 feet on the north side of Lincoln Avenue, located approximately 513 feet east of the centerline of East Street (Mama's Mini Mart). Requests approval to permit the retail sales of alcoholic beverages for off-premises consumption in conjunction with an existing legal nonconforming convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04513 denied (PC2002-27) (4 yes votes, Commissioners Bostwick, Boydstun and Vanderbilt absent). Determination of Public Convenience or Necessity No. 2002-00005 denied (2002-28). CONDITIONAL USE PERMIT NO. 2002-04503 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Ahmad Douraghi, 7513 Pirot Avenue, Downey, CA 90241 AGENT: Rowena Bangsil, 2520 West Lincoln Avenue Anaheim, CA 92801 LOCATION: 2516 West Lincoln Avenue. Property is approximately 1.1-acres located at the southwest corner of Lincoln Avenue and Gain Street Requests approval to permit an internet access and computer rental business. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04503 denied (PC2002-29) (4 yes votes, Commissioners Bostwick, Boydstun and Vanderbilt absent). CONDITIONAL USE PERMIT NO. 2002-04508 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Ming International Group, Attn: Steve Huai-Yue Tsai 9202 Ellsworth Drive, Huntington Beach, CA 92646 AGENT: Kenneth Whetstine, 1417 South Garnsey Street B6. 179 ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19,2002 PAGE 12 Santa Ana, CA 92707 LOCATION: 5215 East Oranaethorpe Avenue. Property is approximately 1.47 acres, located at the northeast corner of Orangethorpe Avenue and Post Lane. Requests approval to permit an internet access and computer rental business. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04508 denied (PC2002-30) (4 yes votes, Commissioners Bostwick, Boydstun and Vanderbilt absent). WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04505 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Etchandy Commerce Center LLC 4420 East Miraloma Avenue, Anaheim, CA 92807 AGENT: Enterprise Rent-A-Car, Attn: Jim Potter 1241 North Lakeview Avenue, Suite F, Anaheim, CA 92807 LOCATION: 1261 North Lakeview Avenue. Suite M. Property is approximately 6.2- acres, located at the southwest corner of Miraloma Avenue and Lakeview Avenue. Requests approval to permit a vehicle rental business with (10) ten vehicles on-site within an existing mixed-use industrial complex with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved (4 yes votes, Commissioners Bostwick, Boydstun and Vanderbilt absent). Conditional Use Permit No. 2002-04505 granted (PC2002-32). REPORTS AND RECOMMENDATIONS: B7. CONDITIONAL USE PERMIT NO. 2710 AND VARIANCE NO. 3449 (Tracking No. Var2002-04486) REQUEST FOR TERMINATION: Newmark Merrill Companies, Attn: Sanford D. Sigal, 18801 Ventura Boulevard, Suite # 300, Tarzana, CA 91366, requests termination of Conditional Use Permit No. 2710 and Variance No. 3449. Property is located at 214 South State College Boulevard and 2250 East Lincoln Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit 2710 and Variance No. 3449 terminated (PC2002-25) (4 yes votes, Commissioners Bostwick, Boydstun and Vanderbilt absent). 179 88. CONDITIONAL USE PERMIT NO. 2469 (Trackinq No. 2002-04511) REQUEST FOR RETROACTIVE EXTENSION OF TIME AND NEGATIVE DECLARATION: Paul Kim, 711 South Brookhurst Street, Anaheim, CA 92803, requests a retroactive extension of time to comply with conditions of approval (approved on November 8, 1999 to expire November 8, 2001) for an 119-unit motel and restaurant with on-sale alcoholic beverages. Property is located at 711-733 South Brookhurst Street - Brookhurst Plaza Inn. ACTION TAKEN BY THE PLANNING COMMISSION: Approved a one year retroactive extension of time for Conditional Use Permit No. 2469 to expire on November 8, 2002 (4 yes votes, Commissioners Bostwick, Boydstun and Vanderbilt absent). Negative Declaration previously approved. 179 Items B9 throuah B10 From Zonina Administrator Meetina of March 7. 2002: (No action by City Council required unless expressly indicated. Council may consider and act upon such -".'^.~ ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19,2002 PAGE 13 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 22, 2002: 170 B9. TENTATIVE PARCEL MAP NO. 2001-202 AND NEGATIVE DECLARATION: OWNER: Properties 1 SCI, 907 E. Orangefair Lane Anaheim, CA 9281; and Aspen Properties, 2951 E. La Palma Avenue, Anaheim, CA 92806 AGENT: ANACAL Engineering Co., 1900 E. La Palma Ave., Ste. 202 Anaheim, CA 92806 LOCATION: 1525 North Endeavor Lane and 915 to 985 East Oranaefair Lane. Property is 5.53-acres located at the northwest corner of Orangefair Lane and Endeavor Lane (a private street), having frontages of 559 feet on the north side of Orangefair Lane and 443 feet on the west side of Endeavor Lane (a private street). To establish a 9-lot industrial subdivision, and to allow for 8 new industrial buildings (under construction) and retain one existing industrial building in the ML (Limited Industrial) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Tentative Parcel Map No. 2001-202 approved (ZA2002-11). Negative Declaration approved. REPORTS AND RECOMMENDATIONS: B10. TENTATIVE PARCEL MAP NO. 92-163 - REQUEST FOR EXTENSION OF TIME FOR ONE-YEAR TO COMPLY WITH CONDITIONS OF APPROVAL CATEGORICALLY EXEMPT - CLASS-15: Connie Kouri, 251 South Peralta Hills, Anaheim, CA 92807, requests a one-year extension of time to comply with the conditions of approval for a previously-approved 2- lot, commercial subdivision for an existing medical office complex. Date of original approval (April, 20, 2000 to expire April 20, 2002) proposed expiration date (April 20, 2003). Property is located at 1120-1130 West La Palma Avenue. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved request for extension of time to Tentative Parcel Map No. 92-163 to expire on April 20, 2003. 170 Items B11 throuah B13 From Plannina Commission Meetina of March 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 21, 2002: 811. RECLASSIFICATION NO. 2001-00066 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2001-04501 TENTATIVE TRACT MAP NO. 16227 AND NEGATIVE DECLARATION: OWNER: Michael Daskalakis, 623 North James Place Anaheim, CA 92801 AGENT: Brandywine Development, 1801 E. Edinger Ave., Suite 125 Santa Ana, CA 92705 LOCATION: 820-824 South Maanolia Avenue. Property is approximately 1.4..acres with a frontage of 280 feet on the east side of Magnolia Avenue located 120 feet south of the centerline of Rome Avenue. 179 ".~ ......... 179 B12. ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19, 2002 PAGE 14 Reclassification No. 2001-00066 - Requests reclassification of the subject property from the RS-A-3,000 (Residential/Agricultural) zone to the RM-3000 (Residential, Multiple-Family) zone. Conditional Use Permit No. 2001-04501 - To construct a 12-unit detached one-family residential condominium subdivision with waivers of a) maximum structural height within 150 feet of a single-family residential zone, b) minimum structural setback abutting an arterial highway, c) minimum landscape setback abutting a single-family residential zone, d) minimum distance between building walls, e) maximum fence height, and f) minimum private street standards. Tentative Tract Map No. 16227 - To establish a Hot, 12-unit detached residential airspace condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2001-00066 granted (PC2002-34) (6 yes votes, Commissioner Koos declared a conflict). Waiver of Code Requirement approved. Conditional Use Permit No. 2001-04501 granted (PC2002-35). Tentative Tract Map No. 16227 approved. Negative Declaration approved. Note: Reclassification No. 2001-00066 and Conditional Use Permit No. 2001-04501 have a 22-day appeal period which expires on April 2, 2002. VARIANCE NO. 2002-04485 FINAL SITE PLAN NO. 2001-00033 ENVIRONMENTAL IMPACT REPORT NO. 311: AGENT: Concepts 4 Inc., Attn: Bill Azzalino 3229 East Spring Street Suite 200, Long Beach, CA 90806 Desert Palm Inn and Suites, Attn: Shirish Patel 615-631 West Katella Avenue, Anaheim, CA 92802 LOCATION: 615-631 West KateUa Avenue. Property is approximately 1.7-acres with a frontage of 365 feet on the north side of Katella Avenue located 195 feet west of the centerline of Harbor Boulevard (Desert Palm Inn and Suites). Variance No. 2002-04485 - Waiver of a) minimum interior structural setback and yard requirements from adjacent interior lots, b) minimum structural setback from abutting public rights-of-way, c) minimum number of parking spaces and d) minimum dimensions of parking spaces. inal Site Plan No. 2001-00033 - Request for approval of a Final Site Plan to remodel and expand the existing 4-story, 100-room Desert Palm Inn and Suites for a new total of 175 hotel rooms with accessory uses. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2002-04485 granted (PC2002-40) (7 yes votes). Final Site Plan No. 2001-00033 approved. Approved previously certified Environmental Impact Report No. 311. REPORT AND RECOMMENDATION: 170 B13. TENTATIVE TRACT MAP NO. 16233 - REQUEST FOR SUBSTANTIAL CONFORMANCE AND NEGATIVE DECLARATION: Comstock Homes, Attn: Andy Byrne and Brad Porter, 321 12th Street, Suite 200, Manhatten Beach, CA 90266, request determination of substantial conformance to --""'~'" .~-_. _.......-'..._~....._""~~,~=-O_.._~ ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19, 2002 PAGE 15 modify the private street width on the tentative tract map. Property is located at 832 South Knott Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 16233 determined to be in substantial conformance (7 yes votes ). Negative Declaration previously approved. 6:00 P.M. PUBLIC HEARINGS: 121 C1. A continued public hearing to consider the condemnation of certain real property located at 1025 West Lincoln Avenue. City Attorney White noted that the item had been continued in order for the property owner and staff to meet and determine if there was meeting of the minds with regard to the acquisition of the necessary right of way for the project and was continued to this meeting for that purpose. Public Works Civil Engineer Natalie Meeks said that she had communicated with the property owner over the last two weeks and had been unable to reach a complete settlement on the acquisition of the property. Staff recommended moving forward with the acquisition of a partial take necessary for the roadway improvements, she said. Public Works would continue to work with the property owner and try to resolve all of the issues with either an agreement for the partial take or a full take. As they had indicated, the property owners and staff were interested in pursuing that option, she said. Staff recommended that Council move forward with the resolution of necessity on the partial take to insure the City had possession of the property necessary for the roadway improvements by the time the project was scheduled in the summer. Mayor Daly re-opened the public hearing. Bruce Carlin, 957 Tingling Lane, San Diego, said that Council had been asked to adopt the resolution of necessity for the acquisition of a portion of his parents property at 1025 West Lincoln Avenue. 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 the length of the property. He said this amounted to approximately fifteen percent of the property and the City's Redevelopment Agency had offered to purchase the entire parcel. He urged the Council not to adopt the resolution of necessity because certain requirements of law that must proceed a resolution of necessity had still not been satisfied as he reported to the Council two weeks ago. Section 1245.230 of the California Code of Civil Procedure required that an offer be made to his parents, which fully met the requirements of Section 7267.2 of the Government Code, he said. His parents had received a conditional offer that was subject to revocation by Council on March 15, 2002. He said that this was not an offer but a solicitation for the Carlin's to make an offer to the City. He said that what was attached to the proposal appeared to be an appraisal and it was not a certified appraisal by a certified appraiser required by law and the appraisers name did not appear on the document. He said that he had met with the City's representatives to discuss the conditional offer, its defects and an alternative proposal involving the sale of the entire property to the City's Redevelopment Agency. He said that he and his family were protesting the action because they believed that it was unfair and not fully in compliance with the law. He said he thought !t was unfair because there had been no fixture appraisal, a road widening exemption did not meet the requirements of the California Environmental Quality Act and there had been no environmental - ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19,2002 PAGE 16 impact report. He said that they had not been furnished a copy of a certified appraisal which included the appraisers signature. He said that the appraisal did not discuss the conclusion that the highest and best use was the current use and the improved, comparable sales parcels were all small parcels at approximately 10,000 to 15,000 square feet and were not comparable. There was no indication as to whether the parcels were corners or inside lots and yet his parcel was a corner with additional access from an alley that significantly added to its value, he said. There was no good will appraisal, he said, and no attempt was made to treat the tenant fairly. The determination of severance damages, a key calculation he said, was done in a simplistic way without any consideration of how the reduction in size could affect the long-term, highest and best use of the property. He said he thought the partial taking would preclude most, if not all commercial uses and he said he believed that stated severance damages were grossly understated. He said that only after the meeting on March 18, 2002, the City's attorney faxed the Carlin attorney a letter with the name of the appraiser and her qualifications. The conditional offer received by the Carlin's on March 15, 2002, had a significantly higher evaluation for the entire parcel than what was represented by the City's agent in previous discussions, said Mr. Carlin. He said that he believed that there was no attempt made to do things correctly and that this was an attempt to defraud his parents of the full value that they were due under a condemnation or threat of condemnation. He urged the Council to take the necessary action to stop what he believed was unethical and unfair practices and they did not serve the City well and he said he felt that they were unlawful. David Cosgrove, Rutan and Tucker, said he believed that a number of the allegations made were incorrect on the law and had been incorrect on the facts. He said that there was an offer letter sent out as of March 8, 2001, that supplemented an earlier offer letter that he believed that contained all the information that was required by applicable law to be included in the appraisal summary statement. All of the items on severance damage were specifically noted and were taken out of that appraisal and provided, he said. The statute did not call for identification and the name of the appraiser and he said that Rutan and Tucker had identified the name of the appraiser both verbally and in writing to the property owner. The statements and allegations regarding California Environmental Quality Act were devoid of any evidentiary basis on which the Council could make a conclusion that the prior negative declaration, he noted, which was approved and the statute of limitations that had already passed, should be reopened. He added that with respect to the good will, the original offer letter included a claim form and a questionnaire for providing information so that any good-will claim could be made and any claim for good will could be assessed. He said that no one had given Rutan and Tucker any information on which that could be assessed and he said at this point, he believed that there was no requirement for inclusion of good will in that offer. He noted that in addition, it was the appraiser's conclusion that the improvements would continue and he questioned if there would be or was any loss of good will. He said he believed that the City was on solid legal ground for going ahead with the adoption of the resolution of necessity. Council Member Tait asked if the law required that the City provide a certified appraiser and Mr. Cosgrove said the law required a summary of the basis of the appraisal and contained certain information. He said that there was a new statue as of January 2002 and there was some question as to the applicability of that statue to this proceeding because the first offer came in before the effective date of the statute. He said that the City had gone ahead and revised the offer to include all the information that was required by that statute. He said that he believed that the information that the City had provided met the requirements of the statute. Council Member Tait asked if a new statute required certified appraisals and Mr. Cosgrove said that it did not require delivering a full copy of the appraisal, it required a full summary of the .,",,--~ ... ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19,2002 PAGE 17 basis of the appraisal. Council Member Tait asked if was required to be signed by the appraiser. Mr. Cosgrove responded that the statute did not require that the summary be signed by the appraiser even though he had a signed appraisal from the appraiser. Council Member Tait asked if the full appraisal was given to the individuals and Mr. Cosgrove said it was typically not provided and full appraisal was usually provided on residential acquisitions of less than four units and this was not that type of acquisition. It was a commercial acquisition, he added. Council Member Tait said he believed that the individuals should have a copy of the full appraisal and he moved for a one-week continuance directing staff and the individuals to get together and come to a resolution. Mayor Daly said he believed it was important to not loose time on the schedule for the transportation improvements which were involved. There was an opportunity for further discussions beyond the staff recommendation and he said he wanted to move forward. Council Member Kring asked if time would be lost if there was a one-week continuance. Civil Engineer Meeks responded that she did not believe that Public Works would have possession of the right of way by the time the project needed to be awarded. It would be very tight as to whether or not the continuance would delay the beginning of construction, she said. David Cosgrove said that he had discussed a possible continuance in a meeting with the land owners and in lieu of going forward with eminent domain they would be willing to grant the right of entry agreement which would permit the City to accomplish the construction in lieu of obtaining the order for pre-judgement possession, which would follow the condemnation action. He said that he may not be optimistic that the right of entry would be granted. Council Member Kring asked if they would discuss further options with the applicant if the take was approved and Civil Engineer Meeks said that both parties were interested in coming to an agreement on a full take and the parties had not come to terms on what that would be. Council Member Tait moved, seconded by Council Member Kring, for a one week continuance. Mayor Daly encouraged Council to be mindful of the tight schedule that existed to pursue the transportation improvements. Council Member Feldhaus noted that he would not be present next week and City Attorney White stated that there would need to be four affirmative votes to adopt the resolution. Council Member Kring withdrew her second on the motion for a continuance made by Council Member Tait. Mayor Daly offered Resolution No. 2002R-63 for adoption. RESOLUTION NO. 2002R-68 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; and March 5, 2002. Item C1). Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - 1, Council Member Tait. Motion carried. ...-- ..^, "~'~-"""'''~<- ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19, 2002 PAGE 18 Council Member Tait asked staff to work with the owners since their argument on severance had merit and with the partial take, he said he believed that they were left with a small parcel. C2. 179 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2001-04494 AND NEGATIVE DECLARATION: OWNER: Splinter Investments, Inc., Attn: Dan Moore 8 Turtle Bay Drive, Newport Beach, CA 92660 AGENT: Woody Chevrolet, Sherwood Okejas 215 South Euclid Street, Anaheim, CA 92802 LOCATION: 273 and 275 West Manchester Court. Property is approximately 0.70- acre located at the southeast corner of Manchester Avenue and Loara Street. Requests approval to establish land use conformity with existing Zoning Code land use requirements for an existing telecommunications monopole with accessory ground- mounted equipment and to permit a used auto sales facility with waivers of a)minimum parking lot landscaping (deleted), and b) minimum landscaped setback. Note: The Conditional Use Permit was readvertised and included the above request for land use conformity. This request does not include the property at 214 North Loara Street. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved, in part, denying waiver (a) and approving, in part, waiver (b) (5 yes votes, Commissioner Koos abstained and Commissioner Vanderbilt absent). Conditional Use Permit No. 2001-04494 granted; automobile sales facility to expire January 28,2004 (PC2002-16) (4 yes votes, Commissioner Eastman voted no, Commissioner Koos abstained and Commissioner Vanderbilt absent). Negative Declaration approved. (Informational item at the Council meeting of February 12, 2002, Item B3. Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus). Mayor Daly asked if there were any persons present on item C2 and noted that there had been a request for continuance to April 9, 2002, by the Agent. Mayor Daly moved, seconded by Council Member McCracken, to continue Item C2 to April 9, 2002. He directed staff to meet with the applicant and discuss the letter submitted by the Agent to explore opportunities for a larger, interim facility. Council Member Tait abstained. Motion carried. Report on Closed Session Actions: None. Council Communications: Council Member Tait asked that Council adjourn the meeting in memory of Josie Montoya. Council Member McCracken spoke about her recent trip to Washington D.C. and noted that federal funds would be sought for transportation and housing concerns. She noted that the Ladies Home Journal had selected Anaheim as the number one California city for women and the number six city in the United States. ,_. - ....- ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 19, 2002 PAGE 19 Council Member Kring spoke about the possibility of a drought and urged everyone to conserve water. She offered her condolences to the family of Josie Montoya. Council Member Feldhaus noted that on his recent trip to Washington D.C., homeland security was made a priority and there would be monies involved for targeted cities. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 7:39 P.M. in memory of Josie Montoya. Respectfully submitted: ~d~ City Clerk ~.... ......... '....--~..~_. ....~.~..~.,~..