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2002/01/08 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING JANUARY 8, 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 Sheryll Schroeder, Deputy City Engineer Russell Maguire, Planning Director Joel Fick, Public Works Civil Engineer Natalie Meeks, Zoning Division Manager Greg Hastings and Code Enforcement Manager John Poole. A copy of the agenda for the meeting of the Anaheim City Council was posted on January 4, 2002 at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 3:20 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Daly moved to recess to Closed Session, seconded by Council Member Feldhaus. Motion carried. The Council recessed to Closed Session at 3:21 P.M. Council Member McCracken temporarily absent and joined Closed Session at a later time. r 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: Butler v. City of Anaheim, et aI., Orange County Superior Court Case No. 01 CC12441. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Craun v. Aramark Sports & Entertainment Services, Inc., et aI., Orange County Superior Court Case No. 01 CC13594. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1717 South Clementine Street Agency negotiator: Elisa Stipkovich Negotiating parties: City of Anaheim and Excel Pointe Anaheim, LLC Under negotiation: Price and terms 4. 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1831 South Harbor Boulevard ANAHEIM CITY COUNCIL MEETING MINUTES JAN UARY 8, 2002 PAGE 2 Agency negotiator: Elisa Stipkovich Negotiating parties: City of Anaheim and Peacock LLC Under negotiation: Price and terms 6. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS: Titles: City Manager, City Attorney, City Clerk, City Treasurer 7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code): one potential case. Facts and circumstances: demand of Screenprinting and Graphic Imaging Association for refund of deposit paid for canceled event at Anaheim Convention Center scheduled for September 15 - 24, 2001. AFTER RECESS: Mayor Daly called the regular Council meeting of January 8, 2002 to order at 5: 17 P. M. and welcomed those in attendance. INVOCATION: Pastor Jerry Dirmann, The Rock FLAG SALUTE: Council Member Kring 119 PROCLAMATIONS AND DECLARATIONS: Proclaiming 2002 as the Centennial Year of the Anaheim Public Library. Mayor Daly noted that the former Director of the Anaheim Public Library System, William Griffith, had passed away a few days ago and he said he believed that the services were scheduled for January 21, 2002, at the First Christian Church, 520 West South Street. At 5:28 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 5:31 P.M. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade, 100 West Midway Drive, Space #124, noted his complaints against managers of the Golden Skies Mobile Home Park and the Police Department. Barbara Coe, 5551 Castle Drive, Huntington Beach, Chairperson for the California Coalition for Immigration Reform, requested that the City revoke the order for police officers to accept identification cards issued by the Mexican Consulate; that law abiding citizens conducting a peaceful rally be protected from violence and she asked that Section 133 of the 1996 immigration law be implemented. Evelyn Miller, 6 Gumwood, Irvine, spoke regarding a letter submitted by Robert Luna. She noted that she was opposed to an identification card for illegal aliens and asked Council to rescind a -,... ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8,2002 PAGE 3 directive to the Police Department to accept identification cards for illegal aliens and enforce Section 133. Elaine Proko, 222 Bluebell Avenue, expressed her opposition to the use of identification cards issued by the Mexican Consulate and she asked Council to enforce Section 133. Peter Carter, 700 Civic Center Drive, Santa Ana, said he was a member of the 2001/2002 Grand Jury and invited citizens to apply for next year's Grand Jury. He added that this was a full time job and lasted for one year and more information could be obtained by calling (714) 834-3320. Terry Morse, 1600 W. Struck Avenue, #109, Orange, discussed the rally that took place in December. He spoke about illegal immigration and said that laws should be enforced by Council. Larry James, 9192 Ellsworth, Huntington Beach, spoke about the rally and protestors and he asked that the Police Department keep a peaceful rally from having violence. Joyce Metcalf, 11851 Comstock Road, Garden Grove, spoke about the rally and asked if there was a way to separate each group from bothering the other one. Alma Ramirez, voiced her complaints about the City Attorney's Office and complained about jurisdictional policies. David Kendrick, Buena Park, spoke about enforcing Section 133 of the immigration law and asked that safety sweeps be conducted to find illegal aliens. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A44: 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. Mayor Daly abstained on Items A 11 and A 12; Item A 19 continued to January 15, 2002; Council Member Feldhaus abstained on Item A32; Council Member Tait voted no on Item A42 and Council Member Kring abstained on Item A44. Mayor Daly offered Resolutions Nos. 2002R-1 through 2002R-7 and Ordinance Nos. 5793 and 5796 for adoption. Motion carried unanimously unless noted. 118 A1. Reject certain claims filed against the City. A2. Receive and file the Monthly Financial Analysis Report presented by the Finance Director for four months ended October 31, 2001; the Crime and Analysis Report for November 2001; minutes of the Mother Colony House Advisory Board meeting of September 7,2001; minutes of the Park and Recreation Commission meeting of October 24, 2001; and minutes of the Public Library Board meeting of November 5, 2001. 128 156 105 179 A3. Approve the Negative Declaration for the Cottonwood Park site, award the contract to the lowest responsible bidder, U.P. Landscape Maintenance, Inc., in the amount of $136,844.64, for the Cottonwood Park development and approve and authorize the 'T""" 169 169 175 167 175 158 106 123 ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8, 2002 PAGE 4 Finance Director to execute the Escrow Agreement pertaining to contract retentions (Continued from the Council meeting of December 11, 2001, Item A7). A4. Award the contract to the lowest responsible bidder, Shawnan, in the amount of $504,888, for the Harbor Boulevard/Manchester Avenue Intersection Improvement and Beautification Project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A5. Award the contract to the lowest responsible bidder, Sialic Contractors Corp., in the amount of $61,616, for the Ball Road Improvement Project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A6. Award the contract to the lowest responsible bidder, Urbantec Engineers, Inc., in the amount of $129,200, for cathodic protection monitoring test station replacements 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, F.J. Johnson, Inc., in the amount of $450,207.10, to replace existing incandescent pedestrian traffic signal heads with light emitting diode heads 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, Powerlight Corp., in the amount of $149,000, for the installation of three photo-voltaic power systems at the main and east Police Stations and Anaheim High School and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A9. Approve and authorize the Mayor and City Clerk to execute the Right of Entry Agreement and the Settlement and General Release Agreement with Goodwill Industries of Orange County, Inc., in the amount of $9,000, for the Lincoln Avenue/Euclid Street Intersection Improvement Project. A 10. Amend the City's Capital Improvement Program to withdraw the Solar Bicycle Station Project and the Anaheim Transit Loyalty Program reducing the budget by $200,000. A 11. Approve and authorize the Mayor and City Clerk to execute the first amendment to the design services agreement with DMJM & Harris, Inc., for the Gene Autry Way (West) HOV Interchange Project. Mayor Daly abstained due to a conflict of interest on Item A 11. 123 A12. Approve and authorize the Mayor and City Clerk to execute the agreement with DMJM & Harris, in the amount of $303,700, for design services for the Gene Autry Way (West) Highway Improvement Project. 123 Mayor Daly abstained due to a conflict of interest on Item A 12. A 13. Approve and authorize the Mayor and City Clerk to execute the third amendment to the design services agreement with Tetra Tech, Inc., in a total amended contract amount not to exceed $1,146,968, for the Burlington Northern Santa Fe Corridor Soundwall Project. 'T"" 174 169 113 158 175 ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8, 2002 PAGE 5 A14. RESOLUTION NO. 2002R-1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving submission of two applications for grant funds from the Mobile Source Air Pollution Reduction Review Committee. Approve and authorize the Mayor to execute the Memorandum of Understanding between the City and Taormina Industries for the receipt and use of grant funds. A 15. Approve Contract Change Order NO.1 in favor of Nobest, Inc., in the amount of $26,440, for the Street Improvement and Beautification Project at Clementine Street. A16. RESOLUTION NO. 2002R-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Public Works Department). A17. RESOLUTION NO. 2002R-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interest therein (City Deed Nos. 10462, 10459, 10460, 10461, 10447, 10455, 10457, 10456, 10454, and 10458). A 18. RESOLUTION NO. 2002R-4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the submittal of a funding request for funds for beverage container recycling and litter clean-up activities. A 19. Approve CEQA Categorically Exempt, Class 1, for the closure of Philadelphia Street from south of the Youth Gymnasium between the City Hall parking structure and the Freedman Forum building. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM closing Philadelphia Street to vehicular traffic at a point immediately north of the Civic Center driveway for purposes of traffic control. Council Member Kring moved, seconded by Mayor Daly, to continue Item A 19 for one week to January 15, 2002. Motion carried unanimously. 158 A20. RESOLUTION NO. 2002R-5 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. 10468, 10469, 10470, 10471, 10472,10473 and 10474). 160 A21. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Schweitzer Engineering, in the amount of $88,336 (excluding tax), for twenty- seven SEL relays for the Fairmont Substation protection upgrade. 160 A22. Authorize the issuance of a change notice to Southwest Power, Inc. to increase the purchase order by $22,089 (excluding tax), thereby bringing the total amount of the purchase order to $44,178 (excluding tax) for three additional 69kV potential transformers. 160 A23. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Motorola, Inc., in the amount of $111,682.78 (plus tax and shipping) for .,.... 123 105 123 ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8, 2002 PAGE 6 supplying the City with thirty-one 800 MHz digital portable radios and associated equipment, for the Utilities Department. A24. Accept the quotation and authorize the execution of the agreement with PRC Public Sector, Inc., in the amount of $9,566, to modify the existing Computer Aided Dispatch System for the Police Department. A25. Ratify the appointments of Brad Wilkinson as Anaheim City School District's representative to the City's Park and Recreation Commission and Susan Preus as the alternate. A26. Approve and authorize the City Librarian to execute the Service Agreement with Compaq Computer Corporation for service on computer equipment. 123 A27. Approve the Eighth Amendment to an Agreement with Taormina Industries, Inc. to haul tree waste for recycling purposes. 160 A28. Decline to purchase the Orange County Water District (OCWD) surplus property located at 2901 East South Street and direct staff to notify OCWD of the City's decision. 123 A29. Approve the First Amendment to Agreement with ProShot Golf, Inc. and ORIX, USA Corp. relating to a global positioning system on the golf carts at the Anaheim Hills Golf course. 123 A30. Approve a total increase in revenue and expenditure appropriations of $12,840,548, comprised of $6,511,601 of carryover appropriations from the prior fiscal year for the Workforce Development Fund and the Community Development Block Grant Fund and $6,328,947 of other budget adjustments for the Emergency Shelter Grant and the HUD Section 8 Rental Assistance Program. 123 A31. Approve and authorize the City Manager to execute Amendment No.1 to the Workforce Investment Act Vendor Agreement with Southern California Institute of Technology for provision of occupational skills training services. 123 A32. Approve and authorize the City Manager to execute the Workforce Investment Act Vendor Agreement with Platt College, Inc. for provision of occupational skills training services. 123 A33. Approve an Amendment to the Professional Service Agreement with AWS Roofing and Waterproofing Consultants, LLC. authorizing the Anaheim Convention Center to retain the professional services of AWS Roofing and Waterproofing to evaluate the existing condition of the Convention Center roof areas and prepare the specifications for any repairs and/or replacements identified as a result of the evaluation. 123 A34. Approve and authorize the Chief of Police to execute a language service agreement with Language Line, LLC, in an amount not to exceed $55,000 annually, to continue foreign language interpretation and translation services and authorize the payment of outstanding invoices, in an amount not to exceed $15,000, due to a short lapse in the previous agreement for said services. ..,.... 106 123 156 179 179 137 173 ANAHEIM CITY COUNCIL MEETING MINUTES JAN UARY 8, 2002 PAGE 7 A35. Amend the Police Department's fiscal year 2001/02 budget by increasing expenditure appropriations in the amount of $89,560 in the Supplemental Law Enforcement Services Fund. A36. Approve and authorize the Chief of Police to execute the Medical Authorization for Incarceration and Treatment Agreement with Western Medical Hospital for emergency medical care of subjects incarcerated in the Anaheim Detention Facility, in an amount not to exceed $400 per inmate visit, for all services provided, with exceptions, and authorize the payment of outstanding bills from Western Medical Center for inmate medical services provided prior to the effective date of this agreement, in an amount not to exceed $125,000. Council Member Feldhaus abstained due to a conflict of interest on Item A36. A37. RESOLUTION NO. 2002R-6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police, on behalf of the City of Anaheim, to file an electronic grant application with the U.S. Department of Justice, Bureau of Justice Assistance, to participate in the fiscal year 2002 "State Criminal Alien Assistance Program (SCAAP)," and authorizing the Chief to execute all required grant documents. A38. ORDINANCE NO. 5797 (INTRODUCTION) AN ORDINANCE OF THE CITY OF amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2000-00032). A39. ORDINANCE NO. 5798 (INTRODUCTION) AN ORDINANCE OF THE CITY OF amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2000-00028). A40. RESOLUTION NO. 2002R-7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its official intent to reimburse certain expenditures from the proceeds of bonds or other obligations. A41. ORDINANCE NO. 5799 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Yellow Cab Company of Northern Orange County for the purpose of operating taxicab service in the City of Anaheim; and stating the terms and conditions upon which said franchise is granted. Council Member Tait voted no on all ordinances under Item A41. ORDINANCE NO. 5800 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to A White and Yellow Cab dba A Taxi Cab for the purpose of operating taxicab service in the City of Anaheim; and stating the terms and conditions upon which said franchise is granted. ORDINANCE NO. 5801 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Cabco, Inc. dba California Yellow Cab for the purpose of operating taxicab service in the City of Anaheim; and stating the terms and conditions upon which said franchise is granted. ~ ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8,2002 PAGE 8 142 A42. ORDINANCE NO. 5793 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Section 1.05.100 to the Anaheim Municipal Code authorizing designated City Officials to have access to criminal history information to assist in employment and licensing duties (Introduced at the Council meeting of December 4, 2001, Item A22. Continued from the Council meeting of December 11, 2001, Item A25). Council Member Kring asked for City Manager and City Attorney follow up on Item A42. 142 A43. ORDINANCE NO. 5796 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding, deleting and amending various chapters, sections and subsections of Title 3 of the Anaheim Municipal Code relating to business licenses (Introduced at the Council meeting of December 11, 2001, Item A12). 114 A44. Approve minutes from the Council meeting of December 4,2001 and December 11, 2001. Council Member Kring abstained on the minutes of December 4, 2001. END OF CONSENT CALENDAR 106 A45. Consider additions and/or deletions to the budget for the fiscal year 2001/2002. Mayor Daly noted that the mid-year budget review was scheduled for January 12, 2002. 114 A46. Nominate and appoint one Council Member to serve as Mayor Pro Tem for one year (Continued from the Council meeting of November 13, 2001, Item A23 and December 11, 2001, Item A29). Mayor Daly opened nominations. Council Member McCracken nominated Council Member Feldhaus. Council Member Kring nominated Council Member Tait. Mayor Daly moved to close nominations, seconded by Council Member Kring. Motion carried unanimously. Vote on Council Member Feldhaus: Roll call vote: Ayes - 3, Mayor Daly and Council Members McCracken and Feldhaus. Noes- O. Abstained - 2, Council Members Kring and Tait. Vote on Council Member Tait: Roll call vote: Ayes - 2, Council Members Kring and Tail. Noes - 2, Council Members Feldhaus and McCracken. Abstain - 1, Mayor Daly. Council Member Feldhaus was appointed to serve as Mayor Pro Tem for one year. "T'"' ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8,2002 PAGE 9 124 A47. Nominate and appoint a member to the Community Center Authority to fill the vacancy of JoAnn Barnett for a non-established term (Continued from the Council meeting of November 13, 2001, Item A24 and December 11, 2001, Item A30). Mayor Daly moved, seconded by Council Member McCracken, to continue Item A47 for one week to January 15, 2002. Motion carried unanimously. 105 A48. Nominate and appoint a member to fill the vacancy on the Senior Citizen Commission, term to expire June 30, 2002 (Continued from the Council meeting of December 4, 2001, Item A40 and December 11, 2001, Item A31). Mayor Daly opened nominations. Council Member Kring nominated Kitty Preston. Council Member Feldhaus nominated Jerome Sheinblum. Mayor Daly moved, seconded by Council Member Kring. Motion carried unanimously. Vote on Kitty Preston: Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Tait and Kring. Noes- O. Abstain - 1, Council Member Feldhaus. Vote on Jerome Sheinblum: Roll call vote: Ayes - 1, Council Member Feldhaus. Noes - O. Abstained - 4, Mayor Daly and Council Members McCracken, Kring and Tait. Kitty Preston was appointed to the Senior Citizen Commission. 179 A49. Adopt a Negative Declaration of Environmental Impact for the construction and widening of the Tustin Avenue overcrossing at the SR-91 freeway. City Clerk Sheryll Schroeder noted that Item A49 was not a public hearing and was noticed for public comments at 6:00 P.M. Mayor Daly asked for public comments on the construction and widening of the Tustin Avenue overcrossing at the SR-91 freeway. Deputy City Engineer, Russell Maguire, noted that the project was scheduled to start later this summer and there would be a ten to twelve month construction period. He said that there would be landscaping on both sides of Tustin, north of the 91 Freeway to south of the freeway and on the eastbound and on and off ramps. He said that the area had been landscaped as part of the area Orange County Transit Authority high occupancy vehicle program and it would be enhanced. Mayor Daly said that some of the end result was that the steel structure crossbeams were exposed and he asked if they would be entirely covered on this project. Engineer Maguire responded that this was due to severe seismic retrofit limitations and clearance limitations and similar structure would have to be added to the east-side so it would be the same type of steel 'T"" ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8, 2002 PAGE 10 beams seen on the current structure. He said that if it was widened in the future to eliminate the choke points and additional work was done, that would be the time to look at concrete bridges. He added that this type of project would have to match the type of construction of the existing bridge in order for it to proceed. Council Member McCracken asked if the landscaping would be placed where the off-ramp at Frontera Street was since it did not exist at that location in some cases. Engineer Maguire agreed that the landscaping installed at that location was minimal and he added that Public Works would be enhancing that area with the project. Mayor Daly asked if the maintenance question could be looked at on the 91-Freeway east of the 55-Freeway interchange along the toll lanes. Mayor Daly moved to adopt a Negative Declaration, seconded by Council Member McCracken. Motion carried unanimously. Items B1 throuQh B12 From PlanninQ Commission MeetinQ of December 17. 2001: (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 JANUARY 8, 2002: 179 B1. B2. 179 .-r- WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2001-04417 AND NEGATIVE DECLARATION: OWNER: Leedy Ying Trustee, 12550 Whittier Boulevard Whittier, CA 90602 AGENT: GPA Architects, Inc., 1240 North Jefferson #J Anaheim, CA 92807 LOCATION: 101 East Ball Road. Property is approximately 3.4 acres located at the northeast corner of Ball Road and Anaheim Boulevard (previously advertised as a three- unit commercial retail center). To establish a six-unit commercial retail center with waiver of minimum number of parking spaces. ACTION TAKEN BY PLANNING COMMISSION: Conditional Use Permit No. 2001-04417 withdrawn (6 yes votes, Chairperson Arnold absent). AMENDMENT NO.4 TO THE ANAHEIM HILLS FESTIVAL SPECIFIC PLAN (SP 90-1) AND NEGATIVE DECLARATION: OWNER: State Teachers Retirement System of Ohio, Attn: Karen Finke, 8020 East Santa Ana Canyon Road, Anaheim, CA 92808 AGENT: Coast Sign, Attn: Don Poole, 1345 South Allec Street Anaheim, CA 92805 LOCATION: 8182 East Santa Ana Canyon Road. Property is approximately 85 acres located at the southwest corner of Santa Ana Canyon Road and Roosevelt Road (Anaheim Hills Festival Shopping Center). Request to amend the sign criteria contained in the Festival Specific Plan (SP 90-1) to allow additional wall signage for in-line tenants that rear onto Santa Ana Canyon Road. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of Amendment NO.4 to the Anaheim Hills Festival Specific Plan 90-1 (PC2001-173) (6 yes votes, Chairperson Arnold absent). Negative Declaration approved. 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8,2002 PAGE 11 Scheduled for a public hearing on February 12, 2002, at 6:00 P.M., due to Specific Plan No. 90- 1 (SP90-1). B3. CONDITIONAL USE PERMIT NO. 2876. CATEGORICALLY EXEMPT - CLASS 1: OWNER: David J. Chavez Trust, 4420 East La Palma Avenue Anaheim, CA 92807 AGENT: Recreational Storage, Attn: David Chavez 4420 East La Palma Avenue, Anaheim, CA 92807 LOCATION: 4420 East La Palma Avenue. Property is approximately 1.8 acres with a frontage of 188 feet on the south side of La Palma Avenue located 300 feet west of the centerline of Lakeview Avenue. Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on February 4, 1992 to expire December 1, 2001) to retain an outdoor recreational vehicle storage yard with caretaker's residence. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 2876 with deletion of time limitation (PC2001-174) (6 yes votes, Chairperson Arnold absent). B4. CONDITIONAL USE PERMIT NO. 3464 AND NEGATIVE DECLARATION: OWNER: Anaheim Hills Enterprises, 5100 East La Palma Ave. #202, Anaheim, CA 92807 AGENT: Community Christian Church, Attn: Mark Strecker 5100 East La Palma Avenue, #119, Anaheim, 92807 LOCATION: 5100 East La Palma Avenue. Suites 111 and 112. Property is approximately 6.3 acres with a frontage of 402 feet on the south side of La Palma Avenue located 3,560 feet east of the centerline of Lakeview Avenue (Community Christian Church.) Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on December 22, 1997 to expire on October 31, 2001) to retain a 3,900 square foot church within a 138,350 square foot industrial complex. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 3464 to expire on April 17, 2008 (PC2001-175) (6 yes votes, Chairperson Arnold absent). Negative Declaration previously approved. 179 85. VARIANCE NO. 2001-04469. CATEGORICALLY EXEMPT - CLASS 11: OWNER: City of Anaheim, 201 South Anaheim Boulevard, 10th Floor Anaheim, CA 92805 AGENT: Plasti-Line, Attn: Jeff Holmes, 13489 Slover Avenue, Unit B Fontana, CA 92337 LOCATION: 8375 East La Palma Avenue. Property is approximately 9.3 acres located at the northeast corner of La Palma Avenue and Weir Canyon Road (Weir Canyon Acura and Weir Canyon Honda). Request for waiver of maximum number of wall signs (one wall sign per dealership permitted; seven wall signs total for both dealerships proposed). ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2001-04469 granted (PC2001-176) (6 yes votes, Chairperson Arnold absent). ,.... ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8, 2002 PAGE 12 179 B6. 179 179 ,.... CONDITIONAL USE PERMIT NO. 2001-04477 CATEGORICALLY EXEMPT - CLASS 3: OWNER: Bernhard Lazare Family Trust, 4910 Campus Drive Newport Beach, CA 92660 AGENT: Fairmont Private Schools, Attn: Richard Jackson 4910 Campus Drive, Newport Beach, CA 92660-2119 LOCATION: 1595 West Broadwav. Property is approximately 0.47-acre located at the northeast corner of Broadway and Loara Street (Bus Storage Yard of Fairmont Private School). Request to permit a temporary modular office trailer in connection with a previously- approved bus storage yard for a private school. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04477 granted for five years to expire December 17, 2006 (PC2001-177) (6 yes votes, Chairperson Arnold absent). B7. CONDITIONAL USE PERMIT NO. 2001-04466 CATEGORICALLY EXEMPT - CLASS 1: OWNER: John Pedicini, P.O. Box 15033, Newport Beach, CA 92659 AGENT: Manuel Gomez, 1540 West La Palma Avenue, #16E Anaheim, CA 92802 LOCATION: 1751 West La Palma Avenue. Property is approximately O.4-acre with a frontage of approximately 125 feet on the north side of La Palma Avenue located 650 feet west of the centerline of Euclid Street (EI Rey Del Marisco). Requests to establish land use conformity with existing Zoning Code land use requirements for a commercial retail center and to permit the sale of beer and wine for on-premises consumption in conjunction with an existing restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04466 granted (PC2001-178) (6 yes votes, Chairperson Arnold absent). REPORTS AND RECOMMENDATIONS: B8. CEQA CATEGORICAL EXEMPTION SECTION 15061 (b)(3) GENERAL PLAN AMENDMENT NO. 2001-00399 AND RECLASSIFICATION NO. 2001-00063 - REQUEST FOR PLANNING COMMISSION INITIATION OF GENERAL PLAN AMENDMENT AND RECLASSIFICATION PROCEEDINGS: City of Anaheim, Redevelopment Agency, Attn: Lisa Stipkovich, 201 South Anaheim Boulevard, #1003, Anaheim, CA 92805, City-initiated (Community Development Department) request to consider initiation of a General Plan amendment from the General Commercial and Medium Density Residential land use designations to the Low-Medium Density Residential land use designation and a reclassification from the CL (Commercial, Limited) Zone to the RM-3000 (Residential, Multiple-Family) Zone. Property is located at 2330-2340 West Lincoln Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Approved initiation proceedings for General Plan Amendment No. 2001-00399 and Reclassification No. 2001-00063 (5 yes votes, Chairperson Arnold and Commissioner Vanderbilt absent). ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8, 2002 PAGE 13 179 B9. CONDITIONAL USE PERMIT NO. 4168 - REQUEST FOR TERMINATION: American National Properties and Erik A. Tweedt, 1422 South Allec Street, Anaheim, CA 92805, request termination of Conditional Use Permit No. 4168. Property is located at 1516 West Embassy Street. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 4168 terminated (PC2001-172). 179 B10. CONDITIONAL USE PERMIT NO. 2001-04453 - REQUEST FOR REVIEW AND APPROVAL OF FINAL PLANS AND NEGATIVE DECLARATION: Comstock Homes, Attn: Andy Burns, 321 12th Street, Suite 200, Manhattan Beach, CA 90266, requests review and approval of final building elevations for an 18-unit condominium complex. Property is located at 832 South Knott Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans to Conditional Use Permit No. 2001-04453 (5 yes votes, Chairperson Arnold and Commissioner Vanderbilt absent). Negative Declaration previously approved. 179 B11. VARIANCE NO. 2001-04433 - REVIEW OF FINAL PLANS AND NEGATIVE DECLARATION: Mickelson Consulting, Attn: Robert D. Mickelson, P. O. Box 932, Orange, CA 92856, requests review and approval of final building elevations for 11 detached single-family residences. (No address). ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans to Variance No. 2001-04433 (5 yes votes, Chairperson Arnold and Commissioner Vanderbilt absent). Negative Declaration previously approved. 179 B12. DETERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL PLAN - GENERAL PLAN CONFORMITY NO. 2001-00011: County of Orange, Probation Department, 909 North Main Street, Suite I, Santa Ana, CA 92701-3511, request to determine conformance with the Anaheim General Plan for the proposed lease of a 33,000 square foot office building to the County of Orange Probation Department. Property is located at 1535 East Orangewood Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Conformity No. 2001-00011 determined not to be in conformance with the General Plan (5 yes votes, Chairperson Arnold and Commissioner Vanderbilt absent). 6:00 P.M. PUBLIC HEARINGS: Item C6 taken out of order. 176 C1. To consider the abandonment of three easements located at 2240 West Lincoln Avenue. At their meeting of December 4, 2001, Item A 13, the Anaheim City Council adopted Resolution No. 2001 R-286 declaring its intention to vacate certain public streets, highways and services easements and setting a date and time to consider the abandonment three easements located at 2240 West Lincoln Avenue (Abandonment No. 2001-00047). REQUESTED BY: Mario Turner-L1overas on behalf of Mercy Housing California, 500 South Main Street, Suite 110, Orange, CA 92868. r ANAHEIM CITY COUNCIL MEETING MINUTES JAN UARY 8, 2002 PAGE 14 A staff report was presented by Public Works Civil Engineer, Natalie Meeks. She said that the easements to be abandoned were dedicated a number of years ago for a proposed development at this site. The development never went forward, she said, and the site was now being developed with an affordable senior housing project and new easements would be dedicated that were in conformance with the new development proposal. Mayor Daly opened the public hearing for comments and hearing no public testimony, closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of Categorically Exempt, Class 5. Mayor Daly offered Resolution No. 2002R-8 in support of Abandonment No. 2001- 00047. RESOLUTION NO. 2002R-8 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. ABANDONMENT NO. 2001-00047. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Tait, Kring and Feldhaus. Motion carried unanimously. 176 C2. To consider the abandonment of an electrical utility easement located at 3335 West Lincoln Avenue. At their meeting of December 4, 2001, Item A 14, the Anaheim City Council adopted Resolution No. 2001 R-287 declaring its intention to vacate certain public streets, highways and services easements and setting a date and time to consider the abandonment of an electrical utility easement located at 3335 West Lincoln Avenue (Abandonment No. 2001-00048). REQUESTED BY: Lennar Affordable, on behalf of West Lincoln Housing Partners, Limited Partnership, a Delaware Corporation, care of Community Housing Partners, LLC, 930 West 16th Street, Suite E-2 Costa Mesa, CA 92627 A staff report was presented by Public Works Civil Engineer, Natalie Meeks. She said that the site was being redeveloped with a senior apartment facility and new electrical easements were being dedicated in conformance with the proposed redevelopment of the site. Council Member Tait declared a potential conflict of interest and left the Council dias. Mayor Daly opened the public hearing for comments and hearing no public testimony, closed the public hearing. Mayor Daly moved, seconded by Council Member Kring, to approve the CEQA Finding of Categorically Exempt, Class 5. I ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8,2002 PAGE 15 Mayor Daly offered Resolution No. 2002R-9 in support of Abandonment No. 2001- 00048. RESOLUTION NO. 2002R-9 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. ABANDONMENT NO. 2001-00048. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Kring and Feldhaus. Noes - O. Abstain - 1, Council Member Tait. Motion carried. 176 C3. To consider the abandonment of excess street right-of-way and electrical utility easement located at 1733 South Anaheim Boulevard and 1730 Zeyn Street. At their meeting of December 4, 2001, Item A 15, the Anaheim City Council adopted Resolution No. 2001 R-288 declaring its intention to vacate certain public streets, highways and services easements and setting a date and time to consider the abandonment of excess street right-of-way and electrical utility easement located at 1733 South Anaheim Boulevard and 1730 Zeyn Street (Abandonment No. 2001-00040). REQUESTED BY: Bann-Shiang Liza Yu, P.O. Box 9800 Anaheim, CA 92812. A staff report was presented by Public Works Civil Engineer, Natalie Meeks. She said that the abandonment was proposed due to the realignment of Anaheim Boulevard since the 1-5 Freeway widening in the Resort Area. She added that there was an opportunity to abandon a portion of this and allow the development of the property to utilize more of the site. Mayor Daly opened the public hearing for comments and hearing no public testimony, closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of Categorically Exempt, Class 5. Mayor Daly offered Resolution No. 2002R-10 in support of Abandonment No. 2001-00040. RESOLUTION NO. 2002R-10 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. ABANDONMENT NO. 2001-00040. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Kring, Tait and Feldhaus. Noes - O. Motion carried. 179 C4. CONDITIONAL USE PERMIT NO. 2001-04404 AND NEGATIVE DECLARATION: OWNER: Synod of Southern California, 1501 Wilshire Boulevard Los Angeles, CA 90017-2205 AGENT: The Consulting Group, Attention: Paul Kim 18500 Von Karman Avenue, Suite 850, Irvine, CA 92612 LOCATION: 2580 West OranQe Avenue. Property is approximately 2.6 acres located at the southeast corner of Orange and Magnolia Avenues (St. Pauls Presbyterian Church). -- ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8, 2002 PAGE 16 To permit a telecommunications antenna and accessory ground-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04404 granted for five years (PC2001-158) (6 yes votes, Commissioner Koos abstained). (Informational item at the Council meeting of December 4,2001, Item B1. Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus). Council Members Tait and Kring declared a potential conflict and left the Council dais. Zoning Division Manager, Greg Hastings, presented a staff report and said that the proposal was to construct a forty-five foot high, simulated church bell tower that would conceal three telecommunications antennas. The tower would be located at the northwest corner of the property and would contain three columns on top of an eight-foot high solid base, he said. The base would contain the equipment and it would also be used for a new sign identifying the church, he informed. The base of the structure would be covered with the river rock type veneer and the top portion would be covered with gray stucco and would support one cross at each of the tops of the three corners of the tower. He added that there would be four decorative, in- operable bells that would hang from the center of the tower. Planning Commission approved the request for five years, he noted, at a reduced height of forty-five feet and required report and recommendation approval of the landscape plan showing the planting of the trees nearest the tower. He said that the Planning Commission felt that the tower and associated landscaping would create a needed improvement to the corner and that the height and architectural theme of the tower may provide character to the area. Planning Commission had counted on the congregation moving forward with plans for a new church, he said, with funds generated from the telecommunications antenna. He noted that the applicant had submitted photo simulations to the Council showing the proposed tower from Magnolia Street and Orange Avenue and artists renderings of the tower in conjunction with the new church facility. The church was only conceptual at this time and would require a conditional use permit application to be approved, he said, and the rendering demonstrated how the proposed tower could successfully integrate with the new church structure in the future. He added that staff had originally recommended to the Planning Commission that there be a vote for denial and he said that staff would be more supportive of the tower if it were integrated into a new church facility as depicted in the artist's rendering. If Council chose to approve the applicant's request, staff suggested a five-year approval and the imposing of an additional condition to those that were approved by the Commission which would require a covenant to be recorded for the timely removal of the facility if the conditional use permit was not reinstated after a five-year time period. Mayor Daly noted that a staff report written in November, 2001, recommended denial of the request and subsequently, Planning Commission recommended changes to the project and then approved it. He asked what the current recommendation of the Planning Department was. Manager Hastings stated that staff recommended that if this were included with a church proposal that it would make sense from a scale point of view. He said that staff understood that the Planning Commission was trying to have an icon in the area that would be out of scale with the surrounding single-family area as well as the church and later the church would be connected with the building. He said that the only change from the Planning Commission was a five-foot reduction in the height of the antenna and staff was pleased with that. Planning Director, Joel Fick, noted that the artist's conception of the church with the integrated bell tower and he said that if that plan had been before the Council they would be supportive of 'T""" ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8,2002 PAGE 17 it. He referred to some of the correspondence received by west Anaheim residents and noted that it was supportive of the church expansion. He said that in the event that the bell tower existed as a stand-alone facility, he believed that it appeared out of scale with the surroundings. City Attorney White noted that since two members of the Council had conflicts of interest and only three members would be voting, the decision to approve the conditional use permit would need to be unanimous. He added that if anyone or more of the Council Members voted no, then under Council rules the application would be deemed denied by operation of law since all conditional use permits must be approved by Resolution and the Charter required three affirmative votes for adoption. Mayor Daly opened the public hearing. Paul Kim, The Consulting Group, 18500 Von Karman Avenue, Suite 850, Irvine, CA 92612, representative of Sprint Wireless, stated that The Consulting Group would be open to a condition that allowed Council to review the application every five years. In the event that the Council reviewed it on the fifth year and decided that it was still out of character with the community, Sprint would be solely responsible for the removal of the tower. He explained that based upon the search ring, coverage was needed in the area for Sprint's customers. The search ring was quite specific and there were several constraints that affected the design. He noted that staff had indicated in the report that the height and scale in the structure was out of place and the constraints in the area called for such heights. There were no other major structures in the area with enough significant height to allow Sprint to achieve their technical objectives, he explained. The second constraint which impacted the design and height of the structure was that there were a considerable amount of tall trees in the area, he said. Being sensitive to the concerns of the citizens in the area, Sprint had worked closely with the West Anaheim Neighborhood Association, he said, and Sprint had offered the Planning Commission to reduce the height by five feet to forty-five feet as opposed to fifty feet. Another issued, he added, was staff's concern over the placement and the scale of the structure and how they felt it would be out of context and a negative visual impact in the vicinity. Mr. Kim said he did not agree with staff and said that he and the church had met with the West Anaheim Neighborhood group on several occasions to finalize the design. He said that even without the future expansion of the church the Sprint proposal would enhance the corner and the neighboring area by providing some interesting architectural element as well as a focal point. One major way to improve the over all area, he said, was the provision of a very lush landscape which would turn the area into a park-like setting. He said that trees would even be planted along the existing frontage so that Sprint could provide a better environment for the area. He said that Sprint was working with staff to finish the landscape plan and proposed upwards of twenty to thirty, large, thirty-six inch box trees and 200 shrubs. He added that Sprint was willing to go out of its way to provide a very attractive environment. He said that the church had the desire to make a better physical impact to the community and they would like to provide further inspiration to the community with this design and this would help them achieve their goal to build a new sanctuary. The funds that the church received from Sprint would go to the building fund project and would then enable them to begin work on a final plan for their church to incorporate the bell tower and provide a larger sanctuary for its congregation. Mr. Kim stated that there was no guarantee that a future church would be built. Reverend Bill Halliday, Pastor of St. Paul's Presbyterian Church, said it was obvious that a new sanctuary needed to be built. He noted that every time signage was placed on the corner it did become unsightly over a short period of time because it was vandalized. He said that the Church would like the one-acre of land on the corner to not be an eyesore and he noted that -- ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8, 2002 PAGE 18 when accidents had occurred the City had parked their trucks on the corner and broken the sprinkler system and he had a problem keeping the area green. Reverend Halliday said that the sanctuary would help with the problem of vandalism. He noted that on Magnolia there were tall buildings such as the Baptist Church down the street and apartment buildings. He asked why his project would be out of scale and said that he believed that it would not be. All the trees on the property were taller than forty-five feet, he said. He said that without the monies from the project it would be difficult for the Church to start a nest egg towards building the sanctuary that would be attractive to the community and to new members. John Van Hise, 9696 Verde Mar Drive, Huntington Beach, said he was a former resident of the City and he said that the Church was still his home. He voiced his concerns about an empty filling station that still had signs up that had never been taken down. Penny Long, 2580 West Orange, said she was a member of St. Paul's Presbyterian Church and she noted that the land was an embarrassment and she agreed with Pastor Halliday about the sprinklers. She said that there would be a park-like setting at that location in the transition and she had no doubt that the Church would build the sanctuary. Laurel Van Hise, 9696 Verde Mar Drive, said she was a member of St. Paul's Presbyterian Church and was dedicated to helping the community. She listed many of the services that St. Paul's offered the community and said that the Church merited some thought as to whether or not the project proceeded. Art Castillo said that the tower could pay for the sanctuary and since the Church was good to the community he said he was in favor of the project. Irv Pickler, 2377 Mall Avenue, said that he favored staff's recommendation and if Sprint could build the church then he would feel more comfortable about the project. He said that he wanted to enhance what was in the area already. The corner needed some work, he said, and the Church was doing good in the area, but to place this project there would be a detriment to the west Anaheim community. Judithann Gollette spoke on behalf of the West Anaheim Neighborhood Development Land Use and Business Development Committee. She said that WAND supported the neighborhood that the project development was affecting and she asked to have a win-win situation. She said that WAND was aware of the comments made by City staff and they were in agreement with staff. She said to place the tower there would be totally out of character. She said that WAND had worked with Sprint and with the Church on the design process of the corner since it was a blighted corner. She said that WAND had asked that the tower be brought down in size and at the Planning Commission meeting it was brought down to forty-five feet. She said that WAND had suggested that it be bermed from the bottom with landscaping five-feet or so, it would make an eye visual of maybe forty feet. With the addition of a park-like setting to the area, WAND may be able to live with and would be acceptable to the Church and the beginning of the nest egg that they needed. She noted that there had not been a commitment from Sprint on the park-like setting and they were supposed to have a landscape design prior to that. WAND had not seen any plans for landscaping until this evening. She asked that there be a continuance on this item so that the project could be seen in its entirety with the landscape plan. The Agent, Paul Kim, emphasized the landscape plan and pointed out that Planning Commission had approved the project, conditioning Sprint based upon final approval of landscape plans that needed to go back to Planning Commission. He said that Sprint was r ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8, 2002 PAGE 19 working on the landscape plan and they were almost finished with it and needed the homeowners involved before scheduling another hearing with the Planning Commission. Mayor Daly asked why the landscape plan was not part of the current package and Mr. Kim responded that the landscape plan had been continued for various reasons such as opposition or the Planning Commission had wanted to change it. He noted that the landscape plan had come up late in the process and Mr. Kim said that the item had been continued until there could no longer be any continuances granted by the Planning Commission. He said that Sprint understood that they were approved with the condition of having a landscape plan and it had taken time to develop and was complete. He said that Sprint was awaiting the comment of the community and that they had every intention of providing a very attractive environment. Mayor Daly closed the public hearing. Mayor Daly said that even if the landscape plan passed with the Planning Commission and then Council, he said that there were a lot of questions with regard to the design of the tower itself. He said that Sprint was asking Council to approve a design and bring the landscaping later when there was no example that could be shown to Council of the design succeeding any where else. He said that there were questions as to whether there would be a building attached to the tower and it was hard to imagine that the tower would look as good if it were built in advance of the building than if it were incorporated into the building. Mayor Daly said that if there was a complete package that could be brought to Council in the future and all the landscaping questions would be answered and all the questions on the timing of the construction of the new sanctuary. Council Member Feldhaus agreed and asked what the projected time was to start building the tower and he asked how much money it would cost Sprint to install the landscaping. Mr. Kim responded that Sprint estimated that landscape plan would cost $25,000 to $50,000 and he said Sprint was willing to take measures to provide an attractive environment. He apologized for the landscape plan not being presented to Council and he was open to finalizing the plan and bringing it back to Council following approval by the Planning Commission. Mr. Kim said that the two goals were to for Sprint to meet their objective and for the Church to meet their objective. He added that Sprint had proposed approximately 200 shrubs and 30, 36-inch box trees and he asked that Council give Sprint the opportunity to present that to the Planning Commission. Mayor Daly asked if the 200 shrubs and 30 trees could be installed and not interfere with the expansion of the Church and Mr. Kim said that he anticipated that the landscaping would not and if there was a situation where trees needed to be removed, they would be removed and relocated and not be completely removed. He said trees would be placed along each street since it was a corner lot and it would allow the structure to blend in a little bit more. Mayor Daly asked if there had been a tower like this one that Sprint had done any where else and Mr. Kim said yes, there was one connected to a church. Planning Director Fick noted that there was one stealth facility in conjunction with a church along Sunkist Street that was an existing church where it was incorporated. Council Member McCracken said it was difficult to condition whatever it was that could be placed on the property. She added that the West Anaheim Neighborhood Development group would like to also see what type of proposal was being made. She voiced her support of the ,- ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8, 2002 PAGE 20 Church looking for opportunities to receive income and move forward with their building and she asked where to go from here if the decision were to be delayed or conditioned. Planning Director Fick said that this was an example of a tower that was fifty feet and then at a public hearing became forty-five feet. Staff encouraged that the landscape and complete plans be known up front rather than be negotiated at the meetings. He said that the Planning Commission accepted the plans and required the landscaping plans to be brought back within a forty-five day period. As Mr. Kim indicated, he said that the plans were not available and had not been submitted and were under preparation. City Attorney White added that this was a de novo hearing and once the Council had set this for hearing, it vacated the entire decision of the Planning Commission. He said that the Planning Commission was willing to approve the permit and allow the landscaping plans to be brought back at a later date for review and approval and the Council was not under the same obligation. He said that Council could decide to not approve the project without having those plans in front of them if they believed that it was relevant to their decision. If Council believed that they could make the decision approving it or denying it and it was not particularly beneficial to have the plans in making the decision, it could be acted upon without having those plans. Mayor Daly said that it was worth looking at the entire package for the project and he recommended that the Church and Sprint present all the details and sit with Planning staff to make sure that it met City standards. Mayor Daly said that if all the details were worked out he would be willing to look at the project again and consider supporting it and that in the current shape it was in, he said he believed that there were too many unanswered questions. Mayor Daly expressed a no vote and encouraged the applicant to re-file when there was a complete package. Council Member Feldhaus had not seen the landscaping plans and felt that it would not be appropriate to make a decision. He said he would like to see the Church built and in the interim, maybe there could be some type of financing plan worked out with Sprint. There was no action taken on the CEQA Finding of Negative Declaration. Mayor Daly offered Resolution No. 2002R-11 denying Conditional Use Permit No. 2001-04404 without prejudice. RESOLUTION NO. 2002R-11 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2001-04404. Roll call vote: Ayes - 3, Mayor Daly and Council Members McCracken and Feldhaus. Noes- O. Abstain - 2, Council Members Tait and Kring. Motion carried. 173 C5. A public hearing to consider a resolution adopting fees relating to for taxicab franchises, including decals and temporary permits. Code Enforcement Manager, John Poole, stated that the City Attorney had prepared the staff report and he added that the resolution would establish a fee of $100 per vehicle per year and a $10 vehicle decal fee. - ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8, 2002 PAGE 21 Mayor Daly noted that the staff report stated that the resolution was for cost recovery for the City's cost of inspections and administration of the program. Mayor Daly opened the public hearing and hearing no public testimony, closed the public hearing. Council Member Tait expressed a no vote to be consistent with previous votes on the franchise issue. Mayor Daly offered Resolution No. 2002R-13 in support of the recommendation to establish fees and charges relating to the taxi cab franchise issue. RESOLUTION NO. 2002R-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES AND CHARGES RELATING TO TAXICAB FRANCHISES. Roll call vote: Ayes - 4 Mayor Daly and Council Members McCracken, Feldhaus, and Kring. Noes - 1, Council Member Tait. Motion carried. C6. ADDENDUM TO THE POINTE ANAHEIM INITIAL STUDY AND MITIGATED 179 NEGATIVE DECLARATION/MITIGATION MONITORING PLAN NO. 004 GENERAL PLAN AMENDMENT NO. 393 AMENDMENT NO.5 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (INCLUDING AMENDMENTS TO THE LAND USE PLAN. DESIGN PLAN. AND ZONING AND DEVELOPMENT STANDARDS) AMENDMENT NO.3 TO THE ANAHEIM RESORT PUBLIC REALM LANDSCAPE PROGRAM AMENDMENT TO CONDITIONAL USE NO. 4078 WAIVER OF CODE REQUIREMENT FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-1: OWNERS: Price Enterprises, Inc., c/o Excel Legacy Corporation Attention: William J. Stone, 16955 Via Del Campo, Suite 240 San Diego, CA 92127 Zaby Motor Lodge, Attention: Angelo Zaby and Thomas Zaby 444 West Katella Avenue, Anaheim, CA 92801 Francis A. Ursini, Joanne T. Christian, 1804 Hummingbird Drive Costa Mesa, CA 92627 pyrovest Corporation, Attention: Jeff Kok, President 1101 East Garvey Avenue, Suite 208, Monterey Park, CA 91755 City of Anaheim, Attention: Elisa Stipkovich, Community Development Director, 201 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Anaheim Center for Entertainment, LLC Attention: Robert H. Shelton, 11 Keats Court, Coto de Caza, CA 92679 LOCATION: 400 West Disnev Way. 1737 South Clementine Street. 1755 South Clementine Street. 1700 South Harbor Boulevard. 301 West Katella Avenue. and 401 - 409 West Katella Avenue. The irregularly-shaped project area, which is located in the Anaheim Resort™, consists of approximately 29.1 acres located between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. It has approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street _. ANAHEIM CITY COUNCIL MEETING MINUTES JAN UARY 8, 2002 PAGE 22 between Disney Way and Katella Avenue (excluding Fire Station NO.3 at 1713-1717 South Clementine Street), 728 feet on the north side of Katella Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way. Request for approval of an amendment to the Pointe Anaheim Lifestyle Retail and Entertainment Complex to permit the following: 634,700 gross square feet of retail/dining/entertainment uses, which includes a 94,000 square foot aquarium; up to four hotels comprising a maximum of 1,662 hotel rooms/suites (of which up to 200 units may be vacation ownership resort units) with approximately 322,071 gross square feet of related accessory uses of which up to 178,120 gross square feet on top of the parking structure may be used for a hotel conference center (the hotel rooms/suites and accessory uses would encompass a maximum of 1,370,711 gross square feet); and a 1,949,800 gross square foot parking structure with up to 4,800 striped parking spaces (the minimum number of striped parking spaces would be 3,752) and 15 bus spaces with a 10,200 square foot bus terminal/facility for airport transport and to/from sightseeing venues. The development of Pointe Anaheim, as proposed to be modified, would take place in up to five phases. Addendum to the Initial Study and Mitigated Negative Declaration/Mitigation Monitoring Plan No. 004: Request for approval of the Addendum to the Mitigated Negative Declaration/Mitigation Monitoring Plan No. 004, which addresses the proposed modifications to the Pointe Anaheim project, including development in up to five phases. General Plan Amendment No. 393: Request to amend the Land Use Element to reflect the description of the Pointe Anaheim project as it is proposed to be modified. Amendment No.5 to the Disneyland Resort Specific Plan No. 92-1: Request to amend the Pointe Anaheim Overlay to describe the Pointe Anaheim project as it is proposed to be modified, as an integrated, mixed use development. The Specific Plan Amendment includes text and exhibit changes throughout the document to reflect the proposed modifications to the Pointe Anaheim project including, but not limited to, the following: . Amendment to the Land Use Plan to modify the project description including development in up to five phases. . Amendment to the Design Plan to modify the conceptual plans depicting the layout of the Pointe Anaheim project, to add a Phasing Diagram, to modify the requirements for interior setback landscaping adjoining The Anaheim Resort Specific Plan No. 92- 2 zoning and for landscaping along the perimeter of parking facilities, and to permit a median break on Disney Way for vehicle access to and from Pointe Anaheim. . Amendment to the Zoning and Development Standards to add vacation ownership resort units, aquariums, on-site and off-site directional signs, and murals as conditionally permitted uses. Amendment No.3 to The Anaheim Resort Public Realm Landscape Program: Request to modify the landscape concept plans for Disney Way (former Freedman Way) to permit a signalized median break on Disney Way between Harbor Boulevard and Clementine Street to provide vehicle ingress and egress to the Pointe Anaheim project. Amendment to Conditional Use Permit No. 4078: Request to amend Conditional Use Permit No. 4078 to modify the land uses and maximum square footages of the Pointe Anaheim Lifestyle Retail and Entertainment Complex including development in up to five phases, to modify the waiver of minimum number of parking spaces, and to amend the conditions of approval to reflect the project modifications. ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8, 2002 PAGE 23 First Amended and Restated Development Agreement No. 99-1 between the City of Anaheim and Excel Pointe Anaheim, LLC: Request for consideration of the First Amended and Restated Development Agreement No. 99-1 vesting certain project entitlements and addressing implementation of the Pointe Anaheim project, as proposed to be modified, including development in up to five phases. The Planning Commission's role is to look at the land use aspects of the Agreement, specifically whether to make a recommendation to the City Council that the eligibility criteria has been met and whether the findings in Section 2.3 of Exhibit A of Resolution No. 82R-565 can be made. ACTION TAKEN BY THE PLANNING COMMISSION: Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration/Mitigation Monitoring Plan No. 004 approved (PC2001-159) (7 yes votes). Recommended adoption of General Plan Amendment No. 393 (PC2001-160). Recommended adoption of Amendment NO.5 to the Disneyland Resort Specific Plan No. 92-1 (PC2001-161). Recommended adoption of Amendment NO.3 to the Anaheim Resort Public Realm Landscape Program (PC2001-162). Amendment to Conditional Use Permit No. 4078 approved (PC2001-163). Waiver of Code Requirement approved. Determined that the development proposed meets the criteria for entering into the First Amended and Restated Development Agreement No. 99-1 (PC2001-164). (Continued from the Council meeting of December 11, 2001, Item C5). Mayor Daly moved, seconded by Council Member McCracken, to continue Item C6 to February 12, 2002, as requested by the Agent, Anaheim Center for Entertainment, LLC. Motion carried unanimously. D. Report on Closed Session Actions: Butler v. City of Anaheim, et aI., Orange County Superior Court Case No. 01 CC12441, authorizing the City Attorney to file cross-complaint on behalf of the City against Helicopter Association International for indemnification. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Kring. Noes - 1, Council Member Tait. Motion carried. Craun v. Aramark Sports & Entertainment Services, Inc., Orange County Superior Court Case No. 01 CC13594, authorizing the City Attorney to file cross-complaint against Aramark Sports and Entertainment Services, Inc., for indemnification. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Kring. Noes - 1, Council Member Tait. Motion carried. E. Council Communications: Council Member Tait asked that the Council adjourn in memory of William Griffith who had passed away. He was former Library Director for 35 years, and a memorial service would be held on January 21, 2002, at the First Christian Church. Council Member McCracken said that William Griffith had worked in the former Carnegie Library and over the years had seen the whole library system develop. She noted that the 35 years he .... ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 8,2002 PAGE 24 had spent as director was a very vital part of the 100 years that the library had been in existence. Council Member Kring asked that some of the larger debts of the City be refinanced since interest rates were good. She mentioned that there had been an increase in graffiti in the Colony Historic District and she asked for community policing and reinstatement of flashlight walks. She noted that the north east corner of Euclid and Lincoln had also been tagged. The owner would like to place expensive cars on the property and would not do it if he believed that the cars would be destroyed by tagging. She reminded the community that the City offered a $500 reward for anyone who was arrested and convicted for tagging. Council Member Feldhaus encouraged citizens to report graffiti to the City by calling Code Enforcement. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 7:34 P.M. in memory of William Griffith. The Council meeting of January 8,2002 was adjourned to January 12, 2002, at 9:00 A.M., City Hall West, Gordon Hoyt Conference Room for the fiscal year 2001/2002 mid-year budget review. Respectfully submitted: ~~ Sheryll Schroeder, CMC/ME City Clerk ."...