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2002/06/04 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING JUNE 4, 2002 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly and Council Members Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, Assistant City Clerk Cynthia Daniel-Garcia, Police Chief Roger Baker, Acting Fire Chief Roger Smith, Finance Director William Sweeney and Executive Director of Convention/Sports and Entertainment, Greg Smith. A copy of the agenda for the meeting of the Anaheim City Council was posted on May 31,2002 at the City Hall inside and outside bulletin boards. Mayor Tom Daly called the adjourned regular meeting of May 21,2002 to order at 2:12 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: CONTINUED PUBLIC HEARING: FISCAL YEAR 2002/03 DEPARTMENTAL BUDGET At 2: 13 P. M., Police Chief, Roger Baker, presented the Police Department budget, located on page 223 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. At 2:41 P.M., Acting Fire Chief, Roger Smith, presented the Fire Department budget, located on page 195 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. At 3:14 P.M., Mayor Daly moved, seconded by Council Member McCracken, to adjourn the regular adjourned meeting of May 21,2002. Motion carried unanimously. Mayor Daly called to order the regular meeting of June 4,2002 at 3:15 P.M. At 3:15 P.M., Charles Ahlers presented the Visitor and Convention Bureau budget, located on page 172 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. At 3:45 P.M., Executive Director of Convention/Sports and Entertainment, Greg Smith, presented the Convention/Sports and Entertainment budget, located on page 167 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. At 4:18 P.M., Mayor Daly opened the public hearing on 2002/03 Budget Plan and moved to continue the public hearing to Item A31, seconded by Council Member Feldhaus. Motion carried unanimously. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. ._~ ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 2 Mayor Daly moved to recess to Closed Session, seconded by Council Member Feldhaus. Motion carried. The Council recessed to Closed Session at 4:20 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: In re: Ogden New York Services, Inc. et aI., U.S. Bankruptcy Court No. 02-40846-cb (SDNY). 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: South Coast Cab Co. v. City of Anaheim, Orange County Superior Court Case No. 80-03-59. 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code) Number of potential cases: one Facts and circumstances: To discuss potential enforcement actions by a California State Senate Committee, the California Attorney General, and/or the Federal Energy Regulatory Commission concerning their respective investigations of the wholesale energy market in California. 6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Palm Mobile Home Estates v. Caltrans adv. City of Anaheim, Orange County Superior Court Case No. 81-73-12. REDEVELOPMENT AGENCY 7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1330 West Cerritos Avenue, Anaheim, California Agency negotiators: Joel Fick, Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Henry T. Wong and Margie Wong Under negotiation: Price and terms 8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: State-owned surplus property described as Cal Trans Parcel Number DD- 000447-01-02 located near the Route 91/Lemon Street, westbound off-ramp Agency negotiators: Joel Fick, Elisa Stipkovich -~ 119 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 3 Negotiating parties: Anaheim Redevelopment Agency and the State of California Department of Transportation Under negotiation: Price and terms AFTER RECESS: Mayor Daly called the regular Council meeting of June 4,2002 to order at 5:30 P.M. and welcomed those in attendance. INVOCATION: Pastor Jerry Dirmann, The Rock FLAG SALUTE: Council Member Kring PROCLAMATIONS AND DECLARATIONS: Recognitions to be presented at a later date were a proclamation recognizing June 4 - 10, 2002, as Management Week in Anaheim; a proclamation recognizing June 14, 2002, as Army Appreciation Day; recognition of Girl Scout Leaders Lorena Dayton and Elizabeth Chaney and a proclamation recognizing September 22,2002, as Race for the Cure Day. ADDITIONS/DELETIONS TO THE AGENDA: Assistant City Clerk, Cynthia Daniel-Garcia, announced that staff had requested Item A 13 be removed from the agenda. PUBLIC COMMENTS: Stephen Faessel invited Council to the Anaheim Historical Society Anaheim Home Tour held June 16, 2002. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member Kring. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A28: 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 A20 was approved as amended and Item A13 was removed from the agenda. Mayor Daly offered Resolutions Nos. 2002R-107 through 2002R-111 for adoption. Motion carried unanimously. 118 A1. Reject certain claims filed against the City. 128 105 173 156 A2. Receive and file the Monthly Financial Analysis Report presented by the Finance Director for ten months ended April 30, 2002; the Budget Advisory Commission recommendation of May 15, 2002; information regarding Southern California Edison's rates, Application No. 02-05-025; Crime and Analysis Report for April 2002; minutes of the Anaheim Public Library Board meetings held March 11, 2002 and April 8, 2002 and minutes of the Budget Advisory Commission meeting held April 17, 2002. A3. Award the contract to the lowest responsible bidder, Tamang Electric, in the amount of $95,300, for the Hidden Canyon pump station and reservoir modifications and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 175 -- 167 167 169 134 158 176 158 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 4 167 A4. Award the contract to the lowest responsible bidder, CT&F, Inc., in the amount of $77,686, for the Harbor Boulevard Intelligent Transportation System from Romneya Drive to Sycamore Street and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 167 A5. Award the contract to the lowest responsible bidder, Pete & Sons Construction, in the amount of $79,500, for the Harbor Boulevard South Intelligent Transportation System from Disney Way to south City limits and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 167 A6. Award the contract to the lowest responsible bidder, Steiny & Co., Inc., in the amount of $163,610, for the Anaheim Boulevard North Intelligent Transportation System from La Palma Avenue to Broadway and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A7. Award the contract to the lowest responsible bidder, Moore Electrical Contracting, Inc., in the amount of $285,821.36, for the Anaheim Boulevard South Intelligent Transportation System from Cerritos Avenue to Broadway and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A8. Award the contract to the lowest responsible bidder, Steiny & Co., Inc., in the amount of $107,693, for the Ball Road Intelligent Transportation System from Lemon Street to east City limits and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A9. Award the contract to the lowest responsible bidder, Ben's Asphalt, Inc., in the amount of $330,222.86. for the Broadway Improvements from Agate Street to Brookhurst Street and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A10. RESOLUTION NO. 2002R-107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM concerning the status of the Circulation Element of the General Plan for the City of Anaheim. A11. RESOLUTION NO. 2002R-108 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. 10513, 10509, 10511, 10510 and 10508). A12. RESOLUTION NO. 2002R-109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2002-00053, Miraloma Avenue overpass at the 91 freeway). A 13. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the sale by sealed bidding of certain city owned properties located at 1778 S. Strathmore Place and 1779 S. Heather Lane, Anaheim, California (Continued from the Council meeting of May 21,2002, Item A9). Assistant City Clerk, Cynthia Daniel-Garcia, announced the request by staff to remove Item A 13 from the agenda. --- 123 160 160 160 160 160 142 123 174 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 5 A 14. Approve and authorize the Mayor and City Clerk to execute the agreement with Lim and Nascimento Engineering Corp., in an amount not to exceed $185,000, for design services for the Lincoln Avenue/ State College Boulevard intersection improvements. A 15. Accept the low bid of BearCom Wireless Worldwide, in the amount of $63,202.50 (plus tax), for Motorola radios and accessories for the Convention Center in accordance with Bid #6267. A 16. Accept the low bid of SCS Flooring Systems, in an amount not to exceed $84,142 (including tax), for the carpet and installation for the Anaheim Canyon Library in accordance with Bid #6279. A 17. Accept the bid of Mercury Fuels, in an amount not to exceed $85,000 (including applicable taxes), for helicopter Jet A fuel, as required for the period of July 1, 2002 through June 30, 2003, with four one-year optional renewals and authorize the Purchasing Agent to exercise renewal options in accordance with Bid #6292. A 18. Accept the bid of En Pointe Technologies, in the amount of $47,344 (plus tax), for Fujitsu and Seiko handheld computer equipment and accessories for the field building inspectors in accordance with Bid #6295. A 19. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Zoll Medical Corp., in the amount of $25,885.96 (tax inclusive), for two cardiac monitor/defibrillator packages with five years of preventative maintenance for the Fire Department. A20. ORDINANCE NO. 5812 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding, deleting and amending various chapters, sections and subsections of Title 6 of the Anaheim Municipal Code relating to public health and safety. Council Member McCracken requested that there be some consistency in language and an adjustment to the Anaheim Arena portion of the ordinance, which described it as the Anaheim Arena, otherwise known as the Arrowhead Pond, so that it was consistent with the description for the Anaheim Stadium and Anaheim Convention Center. City Attorney, Jack White, noted that the change would be made and Council could offer the Ordinance, with the correction, to be adopted at the next meeting. A21. Approve the First Amendment to Agreement with ARAMARK Sports and Entertainment Services, Inc. for off-site catering services to local firms. A22. RESOLUTION NO. 2002R-110 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and authorizing the application for funds from the California Public Library Construction and Renovation Fund to match funds budgeted by the City of Anaheim for the Haskett Branch Library Construction Project and authorizing the City Manager to execute all necessary documents in connection with such application and subsequent award of funds. --- - 105 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 6 Approve the Joint Use Cooperative Agreement with the Magnolia School District to establish the conditions under which the City and the District will jointly work together to provide library services to the public as a condition of the grant application. 123 A23. Approve the License Agreement with Feedback Foundation, Inc., to utilize Brookhurst Community Center on a shared basis to provide a comprehensive meal program, including recreational activities and social services to senior citizens through June 30, 2003. 142 A24. ORDINANCE NO. 5813 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending various code sections of Title 18 of the Anaheim Municipal Code relating to zoning (computer rental/ internet amusement businesses). 105 A25. Approve the appointment of Ms. Debi Hausdorfer to the Anaheim Workforce Investment Board representing the Business Community for a term ending June 30, 2005. 123 A26. RESOLUTION NO. 2002R-111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Workforce Investment Act Title I Master Subgrant Agreement between the City of Anaheim and the State of California for the term of April 1, 2002 through June 30, 2004 (and authorize the City Manger to execute the Master Subgrant Agreement, modifications thereto and related documents). 175 A27. Approve the Proposed Five-Year Electric Underground Conversion Plan for fiscal years 2002/03 through 2006/07. 114 A28. Approve minutes of the adjourned regular Council meeting of May 7,2002, held May 14, 2002. END OF CONSENT CALENDAR A29. Nominate and appoint two citizens to fill the vacancies on the Community Services Board, vacancy created by the resignation of Marjorie Rothrock, term to expire June 30, 2004 and Eliza Cason, term to expire June 30, 2003 (Continued from the Council meeting of May 21,2002, Item A19). Council Member McCracken nominated Pat Pina for the term expiring June 30, 2003. Mayor Daly moved, seconded by Council Member Kring, to close nominations. Motion carried unanimously. Mayor Daly moved to appoint Pat Pina to the term expiring June 30, 2003, seconded by Council Member Feldhaus. Motion carried unanimously. Council Member Kring nominated Bill Bulman for the term expiring June 30, 2004. Council Member McCracken nominated Terry Sprague. Council Member Feldhaus nominated Andrea Sinclair. - ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 7 Mayor Daly moved, seconded by Council Member Kring, to close nominations. Motion carried unanimously. Roll call vote for Bill Bulman: Ayes - 2, Council Members Kring and Tait. Noes - O. Abstained - 3, Council Members Feldhaus, McCracken and Mayor Daly. Motion failed to carry. Roll call vote for Terry Sprague: Ayes - 2, Mayor Daly and Council Member McCracken. Noes - O. Abstained - 3, Council Members Feldhaus, Kring and Tait. Motion failed to carry. Roll call vote for Andrea Sinclair: Ayes - 3, Mayor Daly and Council Members Feldhaus and McCracken. Noes - O. Abstained - 2, Council Members Kring and Tait. Mayor Daly announced that Anrdrea Sinclair was appointed to the Community Services Board for term expiring June 30, 2004. Council Members Tait and Kring changed their vote to aye for a unanimous appointment of Andrea Sinclair to the Community Services Board. 179 A30. Request for rehearing by Athanasios and Sofia Tatsis, regarding the approval of Variance No. 2001-04466, Resolution No. 2002R-86 (Approved by Council at the public hearing held April 23, 2002, Item C6). Mayor Daly moved, seconded by Council Member Feldhaus, to deny the request for rehearing for Variance No. 2001-04466. Motion carried unanimously. Council Member Feldhaus said he believed that it seemed to be a civil matter between the three property owners and it needed to be worked out amongst them. An unidentified gentleman stated that both the applicant and the opposition at the prior hearing had withdrawn the accessory outdoor seating that had been added back in when the resolution was voted on. He said he believed that Council should have reconsidered the matter. City Attorney White stated that there had been two affidavits received in support of the request for rehearing and Council examined them. He said it did not appear that there was any new evidence that could not have been presented at the hearing with regard to the issue that was just raised. He added that he believed that there was not a violation of any Federal or State law by the grant of a land use entitlement and the property owners had private, civil remedies as expressed by Council Member Feldhaus. If the approval somehow violated a civil remedy, it could then be taken up as a civil matter and the Council's action relating to the zoning was final, he explained. 5:00 P.M. PUBLIC HEARINGS: 000 A31. Public hearings on 2002/03 budget and budget appropriation limits (Items A - D) and changes in fee schedules (Items E - 0). ,,"" ..~. ,.m". . .''''"t''.-.-,.....- ..,""',,_____..._.. ...-,....~ ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4,2002 PAGE 8 A. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the annual appropriations limit of $555,858,429 for the fiscal year 2002/03. B. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Community Facilities District No. 1989-1 (Sycamore Canyon) annual appropriations limit of $203,546,021 for the fiscal year 2002/03. C. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Community Facilities District No. 1989-2 (The Highlands) annual appropriations limit of $203,546,021 for the fiscal year 2002/03. D. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Community Facilities District No. 1989-3 (The Summit) annual appropriations limit of $203,546,021 for the fiscal year 2002/03. E. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM revising fees for services rendered by the Office of the City Clerk and establishing the effective date of fees. F. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees to be charged for Community Services Department programs and services commencing on September 1, 2002. G. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the amount of the park in-lieu fee and rescinding Resolution No. 2001 R-203. H. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adjusting the amount of the fee for the Public Library Facilities Plan for the east Santa Ana Canyon area. I. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the green fees and cart rental fees to be charged at the Dad Miller Golf Course and the Anaheim Hills Golf Course. J. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing a schedule of rates to be charged for rental of space and for certain labor, equipment and services at the Anaheim Convention Center. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing rates to be charged for licensing and for certain labor, equipment and services at City parking lot events at Edison International Field of Anaheim commencing July 1,2002. K. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM revising fees for services rendered by the Fire Department and establishing the effective date of fees. Council Member Kring noted that planning and development would increase revenues by $20,000 and she asked how that was possible if the City was reducing the cost to the builder. <............~ ,"' ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 9 Finance Director Sweeney stated that the Fire Department was adding two new plan check fees, which were for underground fire lines and fire pumps. He said that he believed that it would result in a net $20,000 impact. Council Member Tait asked if those were new plan check requirements or an additional fee. Jerry Austin, Fire Marshall, stated that was a fee that the Fire Department had been charging for quite a while. He said that the fees were being transferred from the Building Department to the Fire Department and the fees had been collected through the Building Department. There was a new method of collecting fees, he said, and were the same fees that the Fire Department had charged. Some of the fees were divided out so that the contractor knew exactly what he was charged for, he noted. L. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee schedules for building and construction. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee schedules for zoning, environmental, planning, and code enforcement petitions, permits, approvals, appeals and inspections. M. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing and amending fees to be charged for certain services provided by the Anaheim Police Department. N. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee schedules for the Public Works Department of the City of Anaheim. O. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a new schedule of sanitation charges (solid waste collection). RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a new schedule of sanitation charges (waste water collection). MOTION: To adopt the 2002/03 Budget. Mayor Daly said that he would like to continue the fees to the next Council meeting. Council Member McCracken added that she was ready to vote. Council Member Kring said that she would vote to continue the budget items and asked that nominations and appointments to the City's Boards and Commissions be continued to June 18, 2002. Council Member Tait asked to continue the public hearings on the budget items. City Attorney White said that because the hearings relating to the fee resolutions had been noticed, it would be appropriate to open the public hearing and ask for public comment and then continue the hearing to next week. -- """,....,-- ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 10 Mayor Daly opened the public hearing on the proposed budget. Bud Schultz said he was past president and current treasurer of the Anaheim Hills Golf Club and spoke about the fee increase in the proposed budget and the need for a new clubhouse. He said he believed that revenues were lost due to poor and dilapidated conditions of the clubhouse and the Chamber of Commerce had taken the annual fund raisers elsewhere. An increase in maintenance fees had been caused by the clubhouse, he said, and competition from new facilities and golf courses was very heavy in the area. He said that since the 1992/1993 budget, the golf courses had contributed over $18 million of revenue to the City. He informed that the green fees were raised and the Council promised the City that the fees would be held there for five years and it had not been five years yet. He said that the proposed increase was between 10 to 13 percent while inflation was between 2 to 3 percent. There continued to be increased competition from new golf courses that had better, more modern facilities, he said, and the membership dropped 11 percent and the Club was struggling. The fees had been reduced to encourage new membership into the club. He asked why the rounds had not increased if the golf course was so much cheaper than the rest of the golf courses in the vicinity and why were tournaments lost and he asked why the City did not invest more in an asset that continued to generate profit for the City. The revenues from golf operations continued to rise and there was $2.3 million this year and $2.6 million next year that would be contributed by the golfers back to the City's general fund, he noted. Anaheim Hills Golf Club had substandard facilities in the clubhouse and yet Council wanted to continue to increase the fees. He explained that staff estimated a $115,000 increase in revenue from the fee increases proposed and that they had taken into account the decrease in rounds due to people leaving or refusing to pay the increase. The Anaheim Hills Golf Club conservatively contributed $300,000 per year to the golf course, he informed, and that did not take into account any of the greens fees paid by the members outside of club activities. He added that if the fees were raised, memberships would be lost and the City had promised five-years without a green fee increase. He asked that Council hold the green fees for five years. Council Member Kring asked Mr. Schultz if the fees were kept the way they were, would he be able to get members back into the organization. Mr. Schultz stated that there were no guarantees and they were starting to come back. Council Member Kring agreed that the clubhouse was a disgrace and she expressed her support of a new, modern clubhouse. Council Member Tait said Mr. Schultz was in favor of the $6.7 million clubhouse and against the fee increase. Mr. Schultz said that it was ill advised at this time to raise the fees and he said when the fees were raised last time, it was to help pay for a new clubhouse and there was no new clubhouse. He suggested raising rates when the clubhouse was done. Council Member Tait asked Mr. Schultz if he would not be opposed to a fee increase once the clubhouse was built and Mr. Schultz said that out of the $2.3 million contributed to the funds of the City, the debt service would come out and $1.9 to $2 million would still be contributed to the City. Mr. Klein said it was a bad time to increase the rates since the competition was tough and there were almost 40 percent non-Anaheim players at both golf courses, but people were coming back. Raising the rates and then tearing the golf course apart was not a good thing to do, he said, and the City would not get people if the rates were raised. Council Member Tait said it came down to policy issues where the golfers were to pay for the $7 million clubhouse or the taxpayers of the City. He said it should be paid for by those who use it and he believed that the clubhouse did not come anywhere near paying for itself and he would continue to vote against it. "....."..... ...'- '^-~~ -...- ...........-.-.... ...._.~- ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 11 Mayor Daly noted that the budget was in excess of $950 million and there were almost $200 million in capital projects proposed. Council Member Tait moved, seconded by Mayor Daly, to continue the public hearings on the budget items for one week to June 11, 2002. Motion carried. Council Member McCracken voted no. Items B1 throuqh B2 From Zoninq Administrator Meetinq of Mav 16. 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 JUNE 7, 2002: 179 B1. VARIANCE NO. 2002-04493 CATEGORICALLY EXEMPT - CLASS 3: OWNER: Raul Pineda and Emilia Cano, 512 S. Revere Street Anaheim, CA 92805 LOCATION: 512 South Revere Street. Property is 0.13-acre having a frontage of 60 feet on the east side of Revere Street, a maximum depth of 100 feet, and is located 140 feet south of the centerline of Santa Ana Street. Waiver of maximum fence height to permit and retain an existing unpermitted block wall with wrought iron panels within the required front yard setback of a single family residence in the RS-7200 (Residential, Single-Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2002-04493 approved (ZA2002-15). 179 B2. VARIANCE NO. 2002-04481 CATEGORICALLY EXEMPT - CLASS 1: OWNER: J I Saldivar, 619 S. Philadelphia Street, Anaheim, CA 92805 LOCATION: 619 South Philadelphia Street. Property is 0.11-acre, having a frontage of 46 feet on the west side of Philadelphia Street, a maximum depth of 109 f('^+ .........,.j;,.. located 279 feet south of the centerline of Water Street. Waiver of a) minimum required open space (deleted) and b) minimum numb. design of off-street parking spaces to construct a one-story kitchen, bedroon bathroom addition, and to retain an existing unpermitted playroom and bathroom adjacent to a detached garage, in conjunction with a single-family residence in the RS- 5000 (Residential. Single-Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2002-04481 approved in part, waiver a) denied (ZA2002-16). 6:00 P.M. PUBLIC HEARINGS: 176 C1. A public hearing to consider the abandonment of a public utility easement within a portion of Old La Palma Avenue, generally located north of La Palma Avenue and west of Weir Canyon Road. At their meeting held April 23, 2002, Item A 12, the Anaheim City Council adopted Resolution No. 2002R-78 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA 2001-00052) (Old La Palma Avenue, north of La Palma Avenue and west of Weir Canyon Road). REQUESTED BY: D.R. Horton Company, 119 North Maple Street, Corona, CA 92880. '~ .. ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 12 Public Works Civil Engineer, Natalie Meeks, stated that the easement was no longer required by the Utilities Department and the developer had relocated some of the facilities that were required and dedicated new easements as part of an adjacent home development. Public Works recommended approval of the abandonment. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly moved, seconded by Council Member Feldhaus, to approve the CEQA Finding of Categorically Exempt, Class 5. Motion carried unanimously. Mayor Daly offered Resolution No. 2002R-112 for adoption. RESOLUTION NO. 2002R-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS FOR ABANDONMENT NO. ABA2001-00052. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. 126 C2. A public hearing to consider a Resolution confirming the diagram and assessment and providing for the levy of the annual assessment in and for the Anaheim Resort Maintenance District for fiscal year 2002/03. Public Works Operations Manager, Doris Roush, said that the Maintenance District was formed in July of 1999 and this was the third year to collect the fee that was assessed upon the property owners in the Anaheim Resort. She said that the purpose of the funds was to guarantee long-term quality of maintenance repair and replacement of the Resort Area public improvements, consistent with the operation of the unique destination resort facility. Mayor Daly asked how many total property owners were involved in funding the Maintenance District and Ms. Roush stated that there were approximately 100, including the City. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly offered Resolution No. 2002R-113 for adoption. RESOLUTION NO. 2002R-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN AND FOR THE ANAHEIM RESORT MAINTENANCE DISTRICT. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. ,....~ ',", .h_".~~._"_._.~_~ ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 13 179 C3. CONDITIONAL USE PERMIT NO. 3790 AND NEGATIVE DECLARATION: OWNER: Bobby Levell Gilbert Jr., 17300 17th Street, #J231 Tustin, CA 92680 LOCATION: 1514 West Broadwav. Property is approximately 1.1-acres located at the southwest corner of Broadway and Adams Street (B and J's Tree Service). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on April 17, 2001 to expire October 17, 2001) and to amend a condition of approval pertaining to the use of barbed wire on perimeter fencing, which is visible to the public right-of-way or to residences to the west, to retain a tree service contractor's storage yard with modular office building. ACTION TAKEN BY THE PLANNING COMMISSION: Denied reinstatement of Conditional Use Permit No. 3790 (PC2002-47) (6 yes votes, Commissioner Vanderbilt absent). Negative Declaration previously approved. Informational item at the Council meeting of April 9,2002, Item B3. Planning Commission's decision appealed by the Agent, Bobby Gilbert. Zoning Division Manager, Greg Hastings, stated that the conditional use permit was originally approved in 1995 to allow a contractor service yard with a modular office trailer. In April of 2001, due to ongoing and repeated Code violations and non-compliance with conditions, he said, the Council modified the conditional use permit, including requiring the removal of razor wire visible off-site, and placing a six-month expiration date on the conditional use permit. The conditional use permit expired in October of last year and the applicant was requesting reinstatement, he noted. The Planning Commission denied the reinstatement request on the basis that the use was not being operated as originally approved and the use continued to experience enforcement problems and consumed staff resources to repeatedly gain and maintain compliance with conditions of approval, he said. Lack of cooperation by the business owner had resulted in inconsistent compliance with the conditions, he explained, and the Planning Commission indicated that continued operation of the conditional use permit, in the manner that it was operated, would be detrimental to the peace, health, safety and general welfare of the area. He said Code Enforcement had experienced continuous and repeated problems pertaining to not maintaining the screening of the fence, odor from the decomposed plant materials, auto parts being stored on top of containers and visible to the public, unauthorized welding activities, problems with removal of refuse and waste and unauthorized, heavy truck repair, inoperable vehicles and refusal to remove all unpermitted razor wire. He noted that the violations were outlined on pages three and four of the Planning Commission staff report. Since the original approval of the conditional use permit in 1995, several upgraded activities had occurred near the property, he said, including the completion and the widening of the 1-5 Freeway, expansion of the Betsy Ross school, construction of a modern, large industrial complex to the north and acquisition of land for a park to the east along Broadway. He added that a large residential neighborhood existed to the west beyond the railroad track. He asked Council to note that Code only allowed reinstatement of the conditional use permit if it could be shown that said permit was being exercised in conformance with all conditions and stipulations originally approved and only if said permit was exercised in a manner not detrimental to the particular area and surrounding land uses, nor the public peace, health, safety and general welfare. He added that staff continued to recommend denial of reinstatement of the conditional use permit for outdoor storage at the location. Mayor Daly opened the public hearing. ............. '.., ...."""._.....,~~..<... ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 14 Owner, Bobby Gilbert, Jr., stated that he had purchased the property in 1995 after a thorough investigation with the City and the hiring of an attorney to obtain the conditional use permit. He said he believed that he had complied with the City to the best of his ability and that some of the violations were misunderstandings between himself and Code Enforcement. He said he believed that the City Attorney had agreed that Mr. Gilbert was in compliance and Code Enforcement insistent that he was not. The barbed wire and razor wire were misunderstandings, he said, and Code Enforcement had told him last year that they were illegal in the City. He was told to take the wire down and he told Code Enforcement that he could not do that due to the fact that there was a railroad right behind the property and it would be an invitation for vagrants to climb the fence and steal whatever he owned. He said that Code Enforcement kept telling him that the fence was illegal and he could not have it and he had gone to the City Attorney and asked if he could see the Code that said that. Back in November 1999, the City had passed a resolution that said barbed wire and razor wire were not permitted where visible from the public right of way, excluding alleys or non-industrial zoned properties. He said if he had been told that in the beginning, he would have complied and he was told that he had to remove it completely. He had complied with that Code and had taken the razor wire and barbed wire and tucked it inside his screening so it was not visible to the public right of way. He said he had taken pictures of 30 different properties where razor wire and barbed wire were visible and he had tried to comply with the City in taking his down. He said he had been in business for four years when someone let him know that the razor wire and barbed wire were illegal. He said he had done all he could do under the circumstances and he had tried to work with the City and done numerous jobs for the City. He was doing a service for the City, he said, and was beautifying the City the best he could. The property was not an eyesore and if one did not know where it was, they would not find it, he noted. It was beautifully landscaped in the front and screened from public view and anything done on the property was done way in the back. Under the original conditional use permit, he said he was allowed to do vehicle repairs, not major repairs, and he did not have anyone capable of rebuilding engines on the property. He said that the situation would place his family in financial hardship and the events of September had dropped his business to one-third of the normal volume and his business was suffering. He did not have the financial resources to move the business. He stated that the Parks Department had acquired the Home Oil property, which was two properties over from his property, and he said he believed that the agenda was for the City to acquire his property; not by asking him to sell it to them and move him some place but to run him out of the City. If that was the case, he said that the next two pieces of property would be taken by eminent domain and he felt it was not fair to take his property to build a park on. He informed the Council that he was an amputee and because of his age and disability, would not have the financial resources if he were to be forced out of the City and he would not be able to go work for someone. He asked Council to reevaluate the previous decision based on the evidence received and offered to show pictures of his property, which he said was in compliance, and the 30 different photographs of other properties throughout the City that had razor wire and barbed wire. He said he went to every one of his neighbors and asked them if they had a problem with him and he said that they did not have a problem with him. The City said that there was a problem with odor, he said, and there had never been an odor outside of the smell of eucalyptus in his yard. He said that the chips from tree service were stored there for a very short period of time and there was a very small pile and less than one-week's worth of work on the ground and it was rotated regularly and shipped out. He asked that he be allowed to do business with the City and work to find a resolution. He noted that Code Enforcement had mentioned that there were auto parts on top of containers and an awning that no longer existed and he could find no Code Enforcement violations other than the razor wire and barbed wire which had since been tucked inside. The American Disabilities Act said he had a right to do business, he noted, and being disabled, he -" "., ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 15 could not just quit and live on social security or work for anyone else. He asked Council to consider his item and he expressed his willingness to work with the City. Don Rohr stated that he and his family had a business to the right of the property in question and had been operating it since 1965. He said that the property used to be Harmony Park Ballroom; turned into Peppertree Fair which went out of business and the building was demolished. The property sat as a vacant lot for many years until Bobby Gilbert purchased the property and he said he believed that Mr. Gilbert brought a lot to the community with his tree trimming services. He noted that Mr. Gilbert employed approximately 20 to 25 people at a time, paid City taxes, purchased goods and services here in the City and did $45,000 to $50,000 per year of business with Mr. Rohr. Mr. Rohr was aware of the Code Enforcement problem that Mr. Gilbert had and said that Code Enforcement had come through his yard also. He said he believed that Mr. Gilbert had made a conscious effort in the last year to get things up to speed. The chip pile had been better than in the past years and it was kept much better under control, he said, and the yard was screened and picked up. If Council denied him renewal of the conditional use permit, he asked what would go back in on that property and if it would be a vacant lot and if the surrounding businesses would receive and benefit from it. He noted that new industrial buildings that were located to the northwest were not occupied and at least with Mr. Gilbert, there was someone located on the property that paid taxes and employed people. He said he hoped that Council would extend the conditional use permit for some period of time to see if he did perform to the satisfaction of the Planning Department and Code Enforcement. Mayor Daly closed the public hearing. Council Member Kring noted that there seemed to be some confusion since Mr. Gilbert had stated that when he talked to the City Attorney's Office he was told that he was in compliance and when he talked to Code Enforcement, they had said he was not in compliance. Executive Director of Planning and Community Development, Joel Fick, said he believed that the last time a hearing was held on the item, because of compliance or non-compliance issues, the permit was granted for a six-month period. Condition NO.4 of the last Council approval said very clearly that all existing barbed and razor wire visible to the public right-of-way, which was Broadway, or to the residentially zoned properties to the west, shall be removed from the perimeter fencing and that no barbed or razor wire shall be permitted, he added. He said that the testimony that Council had was part of the public record of the Planning Commission minutes, described the Planning Commission's on-site visits and the visibility that they entered into the record and discussed with the applicant at the Planning Commission meeting and aside from the razor wire issue, there were the odors that were discussed and had been identified by the Planning Commission and the general condition of the property related concerns. City Attorney, Jack White, stated that he concurred with Mr. Fick's comments. He said he did not believe that it was an issue of barbed or razor wire being prohibited under statute, it was a question that it was prohibited as a condition by the Council over one-year ago. Since that condition was added, he said, the condition was quite clear that there should be no barbed wire or razor wire and any existing barbed or razor wire in public view should be removed. City Attorney White stated that there was no compliance up until at least December 2001, according to the staff report. He said he did not believe that there was inconsistent advice given by the two departments involved. Council Member Kring noted that razor wire was all right as long as it was not visible and she noted that after looking at thirty pictures presented by the applicant, the barbed wire and razor .4 ..~ """'......~.~"~...... __l.'"".",,",-->___ ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 16 wire was visible in all of the pictures. She said that there had not been anyone that had come to the hearing to oppose the project and it seemed that everything was coming from the City and Code Enforcement and Code Enforcement had been out every month and found Code violations. There was a neighbor that did not have a problem with the business and no one in the community did and she said if Council decided to reinstate the conditional use permit, there would need to be very strict conditions placed upon it. It seemed that there was no one in opposition to the conditional use permit, she added. Council Member McCracken said she thought that according to the conditional use permit granted one-year ago, the exact same issues were clear. She said that the wire was a condition of the use permit and was not a condition of City ordinance and it also said no major engine, truck repair or overhaul only the changing of oil or tune-ups. There needed to be no composting of the plant debris and it had to be removed in a timely fashion and he agreed to pay for the cost of monthly Code Enforcement. She said she could see why Code Enforcement was looking at the conditional use permit and going through the conditions because that was what they were sent to do every month. Director Fick said that Council Member McCracken was accurate and the reason for the conditions imposed was because of the condition of the property from Broadway and the unsightly nature that existed when the hearings were held. Mayor Daly said he shared Council Member McCracken's concern that when the permit was approved in early 2001, it was for a six-month period and the conditions were not adhered to even closely and when the permit expired, conditions that were agreed to in the original permit remained, even many months after the permit expired. He reviewed what the original condition had said which was that no barbed or razor wire shall be permitted and until December 21 , 2001, even after the permit had expired, there was still barbed and razor wire as well as a series of other Code violations. He said if the City did not enforce its own Codes then there would be a City that would start to deteriorate and if it were one or two items, he would be understanding, but in this case, it had been a long series of violations and the track record did not give him much confidence. The permit expired in October and there seemed to be a denial of recognition that there needed to be a new permit or a renewal of the old permit. He stated that he would oppose the item. He noted that the Planning Commission had unanimously denied the permit. He added that there were other of locations in the City and lots of industrial zones, far more than most cities, and there were plenty of locations that would accommodate this type of business. There had been other tree services in Anaheim and they had been able to find locations and comply with the City's Codes and he said he believed that it was not unreasonable for the City to ask any business to comply with reasonable standards of operation. Regardless of where the other locations were, the operator would still need to comply with the City's Codes and standards. Council Member Kring asked if there was a possibility of helping the business find a different location since it did not seem to be a fit. Director Fick responded that staff would be willing to do that provided that the applicant was interested and willing. Council Member Tait asked what the property was zoned and Director Fick stated it was ML, light industrial. Council Member Tait asked if the use fit the zoning and Director Fick said he believed that for uses like this, there were conditional use permits to determine whether a particular use and how it would be operated was compatible with the surroundings and that was why the item was up for a conditional use permit. Council Member Tait asked if the concern of the City was the barbed wire on Broadway and if it was objectionable and Director Fick said ,.~.~ c"' ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 17 when the item was originally established, the barbed wire, as the applicant had indicated, would have been established legally because there was no ordinance. He said it was an issue and initiative that had come out of the community planning program and it probably was around the 1999 time frame where there was an ordinance change and because of concerns of the residents, it was very unsightly. He said he was not speaking about the property, and in general, the City prohibited barbed wire and razor wire that were visible from the public right of way. He said he believed that was why, when the item came back up before, it probably was closer to the ordinance and it wasn't just a condition of the permit but brought the item into compliance with the City's requirements. Not just related to the property, but barbed wire and razor wire visible from public right of ways, in general, were prohibited from installation, he added. Council Member Tait asked if the applicant would be required, according to the Code Enforcement Officer, to move the barbed wire not just along Broadway but also along the railroad tracks. Director Fick stated that the specific condition required that all barbed and razor wire visible to the public right of way or to the residentially zoned properties to the west must be removed from the perimeter fencing. Anything on the interior that was visible was prohibited, he added and the business could have the wire on the interior as long as it was not visible. Council Member Tait noted that it was not just along the residential area or a public right of way, it was anywhere visible from a residential area or public right of way. Director Fick said that was what the condition stated. Council Member McCracken said that Mr. Gilbert had submitted photos of all kinds of properties that had barbed wire and she asked if there was a possibility that Mr. Gilbert had been grandfathered in and they had not come up for a renewal on the conditional use permit. Director Fick said it was very likely that any existing, non-conforming industrial would have had something like that unless they had come in for some other type of permit or expansion or something like that. Council Member Tait said that the item was zoned industrial and not commercial or residential and Mr. Gilbert had been in business and employed 25 people and even though he had not complied with every condition, it seemed that it was in compliance now. He said he would move for a three-year approval of the conditional use permit. Council Member McCracken said she was not comfortable giving three years to a business that was out of conformity. Council Member Feldhaus said he would support an 18-month time limit so that the City could work with Mr. Gilbert and relocate him to another property. Council Member Tait amended the time limit to 18-months. City Attorney, Jack White, said to be consistent with the October 17, 2001 original approval date, Council could consider approving the permit for two-years, retroactive to the date it expired, and it would be approximately one and one-half years and expire October 17, 2003. Council Member McCracken said that Mr. Gilbert needed to understand what the conditions were and rather than him thinking it was harassment by Code Enforcement, he needed to understand that Code Enforcement was going down the list of items that had been agreed to at the Council meeting. -............ .....-..~_.. ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 18 Council Member Kring said she would support a year and one-half and the City needed to work with the owner and owner with the City to find a better location that may even be larger for the business and even after the events of September 11th, the economy was coming back and people needed to have the trees trimmed and there may be something that would be more fitting for his type of business. Mayor Daly asked if the conditions on the conditional use permit would be the same as the conditions in the March 25, 2002 Planning Commission staff report. Council Member Tait said that they were the same as the previous conditions except for the time limitation. City Attorney White said that to the extent there was a difference in the conditions that were on the prior permit as opposed to the staff recommended conditions. Director Fick asked for clarification of Council's intent since some of the prior conditions prohibit some of the existing wire on the property. By imposition of the same conditions that were imposed before, he said, it required the applicant, working with staff, to remove them to be compliant with the condition. Council Member Kring said she was concerned about the barbed wire that Mr. Gilbert mentioned on the railroad because of the problems with vagrants and if the razor wire was not there, people could come over the fence and do damage to the property. She said she believed it would be fitting to have it in that place to protect him. Council Member Tait said Mr. Gilbert had screened the barbed wire to comply with the condition. Mayor Daly spoke about the 22 conditions listed in the staff report and asked if the previous conditions would continue and that the applicant/business owner pay for the Code Enforcement and Director Fick responded that it would. City Attorney White said that one of the changes between the lists of conditions was a clarification of the condition relating to the barbed wire and stated that specifically, the existing barbed and razor wire must be relocated to the interior of the property and would not be visible to the public right of way which would clarify the misunderstanding that the applicant said that he had with regard to his obligation in the past. There were some clarifications, even though they may not actually be changes in the requirement, he stated. Council Member Tait said, in looking at the pictures submitted, the applicant had screened the barbed wire and he said that it would comply with the condition. City Attorney White said as long as it was not visible from the public right of way or residentially zoned property to the west, it would comply with the language of the condition as contained in the staff report. He suggested the use of the language of the amended and restated conditions on page 7 of the Planning Commission staff report should the Council approve the extension of the permit. Council Member Kring asked if the permit was granted for 18-months, would the City want him to pay for the costs for 18-months or maybe he should be granted a 6-month trial to see how well he did. She asked how much the cost was for a Code Enforcement Officer to go out to the - .. ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 4, 2002 PAGE 19 property and Director Fick responded that it was $62. Council Member Kring said she would leave it up to Code Enforcement staff as to whether or not the applicant was doing a good job and if he was, at that point, maybe the process could be ended. Director Fick stated that if the property was in compliance, there would not be a need for Code Enforcement to go out there. Mayor Daly said it was his understanding that the permit would expire in October 2003 and the conditions would be the conditions of the most recent staff report. He said he hoped that the business owner would succeed and that there was a history of Code violations and the unanimous vote of the Planning Commission to deny the application made him conclude that this was not a permit that should be renewed. Council Member Tait moved, seconded by Council Member Kring, to approve the CEQA Finding of Negative Declaration. Motion carried. Mayor Daly voted no. Council Member Tait offered Resolution No. 2002R-114, for adoption. RESOLUTION: 2002R-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND REINSTATING CONDITIONAL USE PERMIT NO. 3790 FOR A PERIOD OF TWO YEARS TO EXPIRE OCTOBER 17, 2003, AND AMENDING AND RESTATING THE CONDITIONS OF APPROVAL THEREOF AS HERETOFORE SET FORTH IN RESOLUTION NO. 2001 R-98. Roll call vote: Ayes - 4, Council Members McCracken, Feldhaus, Tait, and Kring. Noes - 1, Mayor Daly. Motion carried. Council Member Feldhaus asked Mr. Gilbert to begin to take positive steps to contact the Community Development Department and Planning Department to see if they would be able to assist. Report on Closed Session Actions: None. Council Communications: Council Member McCracken announced that the Anaheim Resort Electric Vehicles was dedicated on Thursday, June 6, 2002, 8:30 A.M., at the Anaheim Convention Center. Council Members Kring and Feldhaus reminded everyone that the annual Flag Day ceremony was held on Sunday, June 9,2002, at 1 :00 P.M., downtown Center Street Promenade, in front of Disney Ice. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 7:22 P.M. Respectfully submitted: ~~ Sheryll Schroeder, CMC/AAE City Clerk ",,",' ..,........ -._~' .....