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2004/11/16 ANAHEIM, CALIFORNIA - CITY COUNCIL ADJOURNED REGULAR MEETING NOVEMBER 16, 2004 The City Council of the City of Anaheim met in regular session at 3:10 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Bob Hernandez, Shirley McCracken and Tom Tait STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk Sheryll Schroeder A copy of the agenda for the meeting of the Anaheim City Council was posted on November 12, 2004 at the City Hall outside bulletin board. ADDITIONS/DELETIONS TO CLOSED SESSION: Council Member McCracken moved to add Huntcor Inc. v. City of Anaheim, Orange County Superior Court Case No. 02CC18801 added to closed session items, citing the fact that information had been received after the posting of the agenda. Seconded by Council Member Chavez, motion carried unanimously. PUBLIC COMMENTS: None CLOSED SESSION: At 3:11 P.M., Mayor Pringle recessed to Closed Session for the following purposes: 1. INITIATION OF LITIGATION PURSUANT TO SUBDIVISION [c] OF SECTION 54956.9 OF THE GOVERNMENT CODE. Number of potential cases: one 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: City of Anaheim v. Huntcor, Inc., et aI., Orange County Superior Court Case No. 02CC18801 Following closed session, a brief farewell reception in honor of Council Member McCracken and Council Member Tait was held with Council returning to active session at 5:09 P.M. INVOCATION: Pastor Neil Kelly, The Rock FLAG SALUTE Council Member McCracken ACCEPTANCE OF OTHER RECOGNITIONS: Recognizing Council Member Tom Tait for his service to the City of Anaheim. Recognizing Council Member Shirley McCracken for her service to the City of Anaheim. T ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 2 Mayor Pringle announced it was the time to acknowledge outgoing Council Members Shirley McCracken who had served on the City Council for eight years, and Tom Tait, serving on the Council for ten years, and indicated there were members of the state and federal legislature present in the audience who wished to express gratitude and appreciation to both council members. Assemblywoman Lynn Oaucher presented resolutions recognizing the retiring council members on behalf of the State Assembly, commenting on the amount of time, effort and energy both council members had given to the Anaheim community. Representatives for Congressman Gary Miller, Congressman Ed Royce, and Congresswoman Loretta Sanchez gifted the council members with United States flags that had been flown over the capitol and congressional certificates expressing appreciation to both. Mark Lees, representing Senator Bob Pacheco and Senator Bob Margette, thanked the outgoing council members for their hard work and dedication to the City and the citizens of Orange County. Bruce Whittaker, representing Orange County Supervisor Chris Norby, commended Council Members McCracken and Tait for their many years of service and presented each with a plaque. Patsy Marshall, council member from Buena Park, spoke of Council Member McCracken's involvement on boards that affected not only Anaheim, but the residents of Orange County, stating she was well respected among her peers and presented a certificate of congratulations to both Council Members McCracken and Tait. Council Member Hernandez thanked both Council members for their service stating they had been role models for him as he began his tenure on the Anaheim City Council. Council Member Bob Chavez commented on the passion and leadership he valued in the two retiring members. Mayor Pringle remarked that Shirley McCracken and Tom Tait represented public service in action with their combined 18 years of service and committed time and energy for the people of Anaheim and presented each with a resolution honoring them from the Anaheim City Council. Lawrence Rosenbloom, Anaheim Ballet, thanked Council Member McCracken for working to bring the arts to the community through the Anaheim Ballet and thanked Council Member Tait for his support. Marge Conway, Sister City Association, thanked Council Member McCracken for her support for the Sister City organization. Elsie Reed, representing Arts in Anaheim, stated that Council Member McCracken had been the one voice of support for the arts at a time when cultural activities were not popular issues and thanked her for that support and encouragement. ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 3 Dorothea Stevenson, Assistance League of Anaheim, stated Council Member Shirley McCracken, through her commitment, dedication, integrity, and inspiration, had left the City a better place. Kathryn Simon, Harp Guild of Anaheim, indicated the guild was founded with Council Member McCracken's help and encouragement and thanked her for recognizing Anaheim children needed exposure to cultural activities. Jackie Terrell, representing the Ebell Club of Anaheim stated Council Member McCracken became a member in 1975 and president in 1992 and 1993, and had served the club with dignity and grace. Mrs. Terrell had also worked with Council Member Tait who supported and helped build the Men's Center and the Women's Center for adult rehabilitation for the Salvation Army. Mrs. Terrell thanked both council members for their leadership and support in times of need. Steve Fessell, Anaheim Historical Society, thanked both for their support in adopting the Colony Historic District and the Five Points Historic District, and expressed grateful recognition of their efforts to preserve Anaheim's history. Council Member Shirley McCracken offered the following comments relative to her service as a City Council Member. She indicated that when she ran for office in 1996, she promised to achieve four goals: 1) to improve neighborhoods, 2) support new and innovative technology for police and firefighters, 3) improve parks and support sports and cultural activities for youth and 4) support the business community and make Anaheim responsive to business development. She believed those promises made to the voters of Anaheim had been accomplished and referenced the following: neighborhoods with vastly improved living areas, a police force with technology far superior to the limited technology of eight years ago, two new fire and police stations, and five new parks with concerts and cultural activities taking place in parks across the City. She also pointed out Anaheim had become a vibrant entertainment venue with the remodeled convention center, the restored Anaheim Angels' Stadium, the Grove Theater and the Arrowhead Pond and with the adjustment of utility commercial rates and computerization of the Planning and Building Departments, the City was now attractive to the business community. Additionally, she stated, an updated General Plan and Cultural Plan set Anaheim on the road to a brighter future. Council Member McCracken indicated her services had extended beyond council responsibilities as she had represented Anaheim on the League of California Cities, the National League of Cities and Southern California Association of Governments. In addition, she served on the Orange County Sanitation District becoming Chairman of the Board of Directors and was privileged to sign an agreement with Orange County Water District to implement the groundwater replenishment system to replenish the underground water basin. Elected by the Orange County mayors to serve as an at-large member on the Orange County Transportation Authority board, she spoke of seeing the 91 toll road purchased and operated by Orange County Transportation Authority with traffic improvements along the 91 freeway. Council Member McCracken ended her comments by stating she had met mayors and council members and elected officials from around the country, had worked with girl scouts, boy scouts, students from elementary to graduate school, senior citizens, environmentalists ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 4 and community activists and she had enjoyed it all but regretted that time had gone by so fast. Council Member Tom Tait introduced his family and friends. As he ended his term on the City Council, he stated he had been to only one council meeting at that time and had no appreciation for what the job entailed when he was appointed to fill a vacant seat on the council ten years ago. He acknowledged times were not great then, the economy was in a recession, Orange County had just filed for bankruptcy protection with the City of Anaheim as a major investor in the County fund, the Los Angeles Rams had recently announced their intention to leave for St. Louis and there was talk of the California Angels moving as well. He noted the area around Disneyland was deteriorating then and approaching blight and the entire City was becoming run down with a crime rate that had hit an all time high. Today, he emphasized, Anaheim had one of the highest bond ratings in the state, and although the Rams were gone, the National Football League was approaching the City with the desire of building a new stadium and the Anaheim Angels had stayed in Anaheim where they belonged. He also remarked the Disneyland area had been transformed to a beautiful destination resort, the convention center had become a world class facility, several parks and community centers had been established to enhance the neighborhoods and the crime rate had dropped from record highs to low levels not seen since the 1960's. Council Member Tait then recognized the City management team of Dave Morgan, Tom Wood and Joel Fick, and past City Manager Jim Ruth, a team which had accomplished so much in so little time. Complimenting each of the City departments and their staff, he pointed to specific accomplishments in each department for which credit and recognition should be given. He felt employees did their jobs with the passion to be the best and deserved credit both in good times and in bad. He was proud to be part of this team and proud of what the Council had accomplished and that it has been an honor and a privilege to serve the 350,000 people in Anaheim and to serve with Mayor Pringle and fellow council members. At 6:17 P.M., Mayor Pringle briefly recessed the Council meeting to call to order the Anaheim Redevelopment Agency, reconvening Council session at 6:23 P.M. REPORT FROM CLOSED SESSION: The Mayor reported that in closed session, the Anaheim City Council unanimously affirmed its commitment to immediately pursue legal action against the Anaheim Angels if any action was taken by them to change the team's name which Council believed would be in violation of their contract with the City of Anaheim. The Council also announced that it was continuing to explore all of its legal options with regard to past concept of team ownership in discontinuing and deemphasizing the use of Anaheim Angels as a name. He further remarked that letters were sent on this date to the Anaheim Angels President and to Major League Baseball Commissioner Bud Selig asking for their clarification on whether the proposed name change had been provisionally approved and seeking assurances the name would not be changed. He further stated the issue was simple, that a deal was a deal and that Council were united in insisting that the Anaheim Angels comply with the terms of their lease and were disappointed these steps must be taken to protect Anaheim residents, business owners, and Anaheim fans everywhere who contributed money to insure Anaheim Angels had a first class facility to call home. Mayor Pringle stated that thousands of Angel fans had inundated City Hall and the media with their overwhelming displeasure to this proposed action and Council hoped that the Angels or major league baseball would end this T ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 5 speculative inquiry about the name change immediately. With that, the Council gave direction to city staff to continue to pursue options and to move forward on this issue. ADDITIONS/DELETIONS TO THE AGENDA: Mayor Pringle confirmed the applicant requested continuation of Item 84 to the December 14,2004 meeting. Council Member Hernandez moved to continue Item B4, seconded by Council Member Tail. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tail. Noes - O. Motion carried. PUBLIC COMMENTS: James Robert Reade related Police Department concerns. William Fitzgerald, Homeowners Maintaining their Environment, addressed variety of issues relating to Anaheim Angels, Disneyland, and deterioration of the neighborhoods adjacent to Disneyland. Larry Rizzo announced a partnership and relationship had been developed with Anaheim Ballet and the Heritage Forum would host the Nutcracker on December 19th, the first of many events coming to the forum in the month of December. Leann Durie, speaking on behalf of the Anaheim Ballet and the Orange County Symphony, announced a chamber mixer to be held on Thursday, November 18th at 5:30 P.M. and invited all to attend. She also thanked Council Member McCracken for her vision that the City of Anaheim should have a professional ballet school and company. Curtis Gamble, resident, indicated he was a former Orange County Transportation Authority driver for 14 years, involved in union activity. Mr. Gamble provided Council with information relative to both sides of the issue on the Orange County Transportation Authority salary offer recently rejected by union bus drivers. CONSENT CALENDAR: Council Member Chavez moved approval of the Consent Calendar Items A 1- A 18, seconded by Council Member Hernandez to waive reading in full of all ordinances and resolutions and to approve the following in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tail. Noes - O. Motion carried. A 1. Receive and file the Investment Portfolio Report for the month of October 2004 and 0128 Notice of Filing of a Petition for Declaratory Order and Request for Waiver of Filing Fee on behalf of the City of Pasadena. A2. Waive the sealed bidding requirements of Council Policy No. 306 and authorize the 0180 Purchasing Agent to issue a two-year blanket purchase order to South Coast Lighting and Design, in an amount not to exceed $100,000 (including tax), for the purchase and installation of adjustable banner rods, street, traffic and sign pole base covers on an as-needed basis for the Anaheim Resort District and authorize the Purchasing Agent to exercise up to two one-year optional renewals. ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 6 A3. Waive the sealed bidding requirements of Council Policy No. 306 and authorize the 0180 Purchasing Agent to execute a lease agreement with Doble Engineering Company, in the amount of $65,990 (excluding tax), for the lease and technical support of a power factor test and authorize the Purchasing Agent to execute up to three one-year extensions of the agreement. A4. Award the contract to the lowest responsible bidder, Rafat H. Mina, dba Y & M 3286 Construction, in the amount of $43,934, for the Schweitzer Park block wall improvement and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A5. Approve and authorize the Director of Public Works to execute Contract Change 2864 Order NO.1 in favor of Sialic Contractor Corp., dba Shawnan, in the amount of $90,281.60, for the State College Boulevard median and landscape beautification improvements from Center Street to La Palma Avenue (Phase 2). A6. Approve an agreement with E2 Consulting Engineers, Inc., in an amount not to 3281 exceed $208,000, for engineering services for the East Anaheim Sewer area. A7. Approve the Agreement for Acquisition of Real Property with Mac S. Bhupinder, in the 3282 acquisition payment amount of $50,000, for real property located at 1198 South State College Boulevard. A8. Approve and authorize the City Manager to execute the Temporary Assistance to 2898 Needy Families Vendor Agreement with Casa Loma College, Inc. for provision of occupational skills training services. A9. Approve the naming of Nate's Palms Nursery site located on Ninth Street near 0175 Hermosa Village as "Energy Field." A 10. Approve and authorize the Public Utilities General Manager to execute two 3287 agreements with the American Public Power Association to receive grant funding, in 3288 the amount of $25,900, for solar technologies data monitoring at the Tiger Woods Learning Center and $10,000 for the application of a small-scale thermal energy storage system. A 11. Approve and authorize the Public Utilities General Manager to execute an agreement 3289 with InfoSend, Inc., in an amount not to exceed $500,000, for utility bill printing and mailing services for an initial three-year period and up to two one-year extensions. A 12. RESOLUTION NO. 2004-224 RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10782 through 10786). A 13. RESOLUTION NO. 2004-225 RESOLUTION OF THE CITY COUNCIL OF 0154 THE CITY OF ANAHEIM extending the payment of salary and benefits to City employees recalled to active duty in connection with actions to combat terrorism against America. T ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 7 A14. RESOLUTION NO. 2004-226 RESOLUTION OF THE CITY COUNCIL OF D154 THE CITY OF ANAHEIM amending Resolution No. 97R-101 which established rates of compensation for non-represented part-time job classifications. A 15. RESOLUTION NO. 2004-227 RESOLUTION OF THE CITY COUNCIL OF D154 THE CITY OF ANAHEIM approving a Letter of Understanding between the City of Anaheim and the Anaheim Police Association. A16. ORDINANCE NO. 5949 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Chapter 3.32 of Title 3 and Chapter 4.52 of Title 4 of the Anaheim Municipal Code relating to peddlers and solicitors (Introduced at the Council meeting of November 9, 2004, Item A 18). A17. ORDINANCE NO. 5950 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Anaheim Municipal Code, Chapter 10.08 by adopting fats, oils and grease source control regulations applicable to food service establishments (Introduced at the Council meeting of November 9, 2004, Item A 19). A18. ORDINANCE NO. 5951 (ADOPTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2004-00132, 2040 West Broadway) (Introduced at the Council meeting of November 9, 2004, Item A20). END OF CONSENT CALENDAR A 19. Consider appointing a member to serve on the Housing and Community B105 Development Commission, representing the South Neighborhood Council, term to expire June 30, 2006. APPOINTMENT: With no objection from Council, Mayor Pringle continued item to December 7,2004. A20. Consider appointing a member to serve on Budget Advisory Commission to complete B105 the unexpired term of Ralph Price, term to expire June 30, 2005. APPOINTMENT: With no objection from Council, Mayor Pringle continued item to December 14, 2004. A21. Consider the adoption of a Council Policy relating to the use of eminent domain by P121 City Council (Requested by Council Member Tait at the Council meeting of November 9, 2004). RESOLUTION NO. 2004-228 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting Council Policy No. 220 relating to the use of eminent domain. At a prior meeting, Council Member Tait requested a policy relative to eminent domain be considered by Council. He explained that eminent domain allowed for the taking of an t ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 8 individual's property for public use, and that some cities had defined public use as increasing revenue which meant private property could then be taken to put up a retail development which could pass the muster of public use. Mr. Tait requested a policy be drafted which stated that the City of Anaheim would not take property away from individual property owners to give to another private property owner. With this policy, he emphasized the traditional uses of eminent domain for true public uses would not be restricted. Mayor Pringle remarked the proposed policy would not restrict the action to take property through eminent domain for purposes such as street widening or for the disposal of strip property after a road had been widened. City Attorney Jack White indicated the proposed policy was not an ordinance or a charter amendment that could never be waived or deviated from and that while Council policies express the intention and direction of the Council, the policies were subject to waiver by majority vote if special circumstances warranted that action. Council Member McCracken was not supportive of setting policies for future councils to follow and commented that the proposed policy did not address friendly eminent domain wherein homeowners, for tax purposes, requested the City to take their property under eminent domain. She indicated she could not support adding another layer of rules and setting policies for future councils. Mayor Pringle remarked that policies had been established in the past to set overall parameters to express the intent of Council and that this proposal would very clearly establish how Council operated relative to eminent domain and still allow for friendly eminent domain by making findings and waiving the policy. Council Member Chavez felt an official policy sending a strong message that Council operated in a certain manner was healthy and consistent with the practices of this current Council. Council Member Hernandez was not supportive of the proposal as he did not see a need for the policy. Council Member Tait repeated state law allowed a municipality to take someone's property and give it to another private person and he felt that was unconstitutional, offering the resolution adopting policy No. 220, seconded by Council Member Chavez. Roll Call vote: Ayes - 3; Mayor Pringle, Council Members: Chavez and Tail. Noes - 1: Council Member McCracken. Abstention - 1: Council Member Hernandez. Motion Carried. 5:30 P.M. Public Hearings: B1. A continued public hearing to consider the abandonment of a portion of public right- P110 of-way at Manchester Court, Old Manchester Avenue, Loara Street, and old Lincoln Avenue, adjacent to the southerly boundary of the Santa Ana 1-5 Freeway (ABA2004- 00097) (Continued from the Council meeting of November 9, 2004, Item B1). At the Council meeting held October 5, 2004, Item A 13, the Anaheim City Council adopted Resolution No. 2004-204 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2004-00097). T ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 9 REQUESTED BY: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805. MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5. RESOLUTION NO.: 2004-229 VACATING A PORTION OF THAT CERTAIN PUBLIC RIGHT OF WAY AT MANCHESTER COURT, OLD MANCHESTER AVENUE, LOARA STREEET AND OLD LINCOLN AVENUE ADJACENT TO THE SANTA ANA FREEWAY (ABANDONMENT NO. 2004-00097). MOTION: Approve the quitclaim of the City's right, title, and interest in the abandoned area. Natalie Meeks, Public Works Department, indicated the abandonment was for a number of streets that were surrounding remnant properties near the 1-5 Freeway and Manchester and Lincoln. The Community Development Department, she explained, worked very hard to consolidate the surrounding properties and closed escrow on November 15th allowing the abandonment of the roadway which bisected the property to be developed for a car dealership for which the City has been working diligently to establish. Mayor Pro Tem Chavez opened the public hearing for comment. Receiving no testimony, the hearing was closed. Council Member Tait moved to approve the CEQA finding of Categorically Exempt, Class 5; to approve Resolution No. 2004-229, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of that certain public right-of-way at Manchester Court, Old Manchester Avenue, Loara Street, and Old Lincoln Avenue adjacent to the Santa Ana Freeway (ABANDONMENT NO. 2004-00097); and to approve the quitclaim of the City's right, title and interest in the abandoned area; seconded by Council Member McCracken. Roll Call vote: Ayes - 4: Mayor Pro Tem Chavez, Council Members: Hernandez, McCracken and Tait. Temporarily Absent - 1; Mayor Pringle. Noes - O. Motion Carried. B2. A continued public hearing to consider a resolution determining the public interest P121 and necessity of property located at 1200 South State College Boulevard (RIW ACQ2003-00146). RESOLUTION NO. 2004-230 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1200 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project (RIW ACQ2003-00146) (Continued from the Council meeting of October 26, 2004, Item B3). Items B2 and B3 were hearings to consider actions by eminent domain of certain property interest located at 1199 South State College Blvd. and 1200 South State College Boulevard for the State College Boulevard and Ball Road Intersection Improvement Project. Mayor Pringle indicated City staff had provided a separate staff report on each of the proposed acquisitions and while testimony for each of these hearings would be received separately, there would be one oral staff presentation covering both properties. The T ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 10 respective written report and the oral staff presentation would be deemed part of the record of each of these items. Natalie Meeks, Public Works Department, reported the resolutions on the agenda were for the acquisition of right of way necessary for the construction of State College Boulevard and Ball Road Intersection Improvement project. The proposed project would improve State College Boulevard Ball Road Intersection providing three northbound and southbound thru- lanes, dual northbound and southbound left-turn lanes and associated parkway sidewalk improvements as well as traffic signal upgrades. She noted the proposed improvements would also provide medians for traffic safety in conformance with the State College Boulevard Master Plan which would be made part of the record of this proceeding. The proposed project would improve traffic capacity through the intersection improving the level of service from E to C. Ms. Meeks indicated the project had been environmentally cleared through a negative declaration approved by City Council on October 28, 2003 and that a copy of the City's Negative Declaration would also be made a part of this record. Additionally, she stated, the City's consultants provided traffic analyses and a study of alternatives for the State College Median, prepared by Katz, Okitsu & Associates and would also be made part of the record. The proposed project was recommended for intersection capacity and safety reasons. Ms. Meeks explained temporary construction easements were included in the acquisition to accommodate the relocation of signage and utilities and to join existing improvements on site. The proposed project was scheduled for award of construction in June 2005 as required by the grant funding for the project. She also noted acquisition offers had been made to the property owners and a copy of the offer letters and notices of this hearing were included in the staff report. In addition, the City's acquisition consultant had been in direct contact to negotiate with property owners. Although staff recommended moving forward with tonight's action, Ms. Meeks reported staff would continue to meet with the property owners and try to reach a settlement. Mayor Pringle stated that in each of the hearings, testimony would be taken from the owner of record or designated representative of the property which was the subject of the hearing. Testimony in each hearing would be limited to the following five issues: 1) whether the public interests and necessity required the project, 2) whether the project was planned and located in a manner that would be most compatible with the greatest public good and least private injury, 3) whether the property sought to be acquired was necessary for the project, 4) whether the offer required by Gov. Code section 7267.2 had been made to the owner or owners of record and 5) whether the City had met all other prerequisites to the exercise of eminent domain in connection with the property. Mayor Pringle opened the public hearing for Item B2 and invited the owner or representative for the property located at 1200 South State College Boulevard to address the Council. With no testimony proffered, Mayor Pringle closed the public hearing. Council Member Hernandez moved to approve RESOLUTION NO. 2004-230 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1200 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project; seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - o. Motion Carried. 1" ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 11 83. A public hearing to consider a resolution determining the public interest and necessity P121 of property located at 1199 South State College Boulevard (RIW ACQ2003-00151) (Continued from the Council meeting of October 26, 2004, Item B3). RESOLUTION NO. 2004-231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1199 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project (RIW ACQ2003-00151). Mayor Pringle had earlier indicated City staff provided a separate staff report on each of the proposed acquisitions and while testimony for each of these hearings would be received separately, there would be one oral staff presentation covering both properties and the respective written report and the oral staff presentation would be deemed part of the record of each of these items. The oral presentation given by Natalie Meeks of the Public Works Department for Item B2 also encompassed Item B3. Mayor Pringle opened the public hearing for Item B3 and invited the owner or representative of the property located at 1199 South State College Boulevard to address the Council. With no testimony offered, Mayor Pringle closed the public hearing Council Member McCracken moved to approve RESOLUTION NO. 2004-231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1198 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project; seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tail. Noes - O. Motion Carried. B4. RECLASSIFICATION NO. 2003-00109 C280 VARIANCE NO. 2004-04626 TENTATIVE TRACT MAP NO. 16545 AND MITIGATED NEGATIVE DECLARATION: LOCATION: Property is approximately 53 acres, having a frontage of 190 feet at the terminus of Avenida de Santiago, located 260 feet west of the centerline of Pointe Premier. Reclassification No. 2003-00109 - Request reclassification of the property from the T (SC)(Transition; Scenic Corridor Overlay), formerly the RS-A-43,000(SC) (Residential/Agricultural; Scenic Corridor Overlay) zone to the RH-2(SC) (Single- Family Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic Corridor Overlay) zones. Variance No. 2004-04626 - Request waiver of required private street standards to construct a private residential street without sidewalks or parkways. Tentative Tract Map No. 16545 - Request to establish a 28-lot, 21-unit detached single-family subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2003-00109 granted (PC2004-113) (5 yes votes, Commissioners Romero and Velasquez absent) Variance No. 2004-04626 granted (PC2004-114), r ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 12 Tentative Tract Map No. 16545 approved. Mitigated Negative Declaration approved. MOTION: CEQA MITIGATED NEGATIVE DECLARATION. RESOLUTION NO.: RECLASSIFICATION NO. 2003-00109. RESOLUTION NO.: VARIANCE NO. 2004-04626. MOTION: TENTATIVE TRACT MAP NO. 16545. Continued to December 14,2004. B5. CONDITIONAL USE PERMIT NO. 2004-04906 C220 DEVELOPMENT AGREEMENT NO. 2004-00002 MITIGATION MONITORING PROGRAM NO. 125 AND MITIGATED NEGATIVE DECLARATION: LOCATION: 1801 E. Katella Avenue. This rectangular-shaped, approximate 6.3 acre property is located at the northwest corner of Katella Avenue and State College Boulevard with a frontage of 580 feet on State College Boulevard and a frontage of 455 feet on Katella Avenue. Conditional Use Permit No. 2004-04906 - Request to modify required setbacks and to permit sales of alcoholic beverages for on-premises consumption in a proposed 7,839 square foot restaurant within the Stadium Lofts-Anaheim. (a proposed high- density urban mixed-use center with 390 apartment dwelling units located above 2,820 square feet of retail use, 7,839 square feet of restaurant use, 6,297 square feet of clubhouse and leasing office surrounding a 5-level parking structure) with waiver(s) of: (a) minimum dimension and area of patios/balconies; and (b) required building treatment adjacent to streets. Development Agreement No. 2004-00002 - Request to adopt a Development Agreement between the City of Anaheim and Nexus Properties, Inc. for the Stadium Lofts - Anaheim project. ACTION TAKEN BY THE PLANNING COMMISSION: Action pending the November 15, 2004 Planning Commission public hearing. MOTION:CEQA MITIGATED NEGATIVE DECLARATION. MOTION: MITIGATION MONITORING PROGRAM NO. 125. ORDINANCE NO. 5952 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving Development Agreement No. 2004-00002 by and between the City of Anaheim and CREAlNEXUS Anaheim Corners, LLC, (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement for and on behalf of the City. RESOLUTION NO.: 2004-232 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2004- 04906. Sheri Vander Dussen, Planning Director, introduced Greg Hastings, Planning Manager and Sheryl Flores, Project Manager for the Stadium Lofts-Anaheim project. She stated the Stadium Lofts would be the first development application to be processed since the recent adoption of the Platinum Triangle Master Land Use Plan and Mixed Use Overlay Zone. The T ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 13 Triangle document, she remarked, had set the stage to convert the area surrounding Angel Stadium to a dynamic mixed-use environment providing opportunities for people to live closer to transit opportunities, work places and world class sports and entertainment venues. The Stadium Lofts project was a high density urban mixed-use center on 6.3 acres of the northwest corner of State College and Katella Avenue and included 390 luxury apartments above retail and restaurant uses. She reported on November 15th, the Planning Commission recommended approval of the following applications to permit development of this project. The first, she stated, was a conditional use permit to allow the sale of alcoholic beverages in the restaurant. She noted the Commission also recommended approval of two waivers: 1) to allow balconies and patios to deviate from the minimum side standard set forth in the Code, and 2) to grant relief from the required treatment of residential edges along State College in the interior connector road. Additionally, Ms. Vander Dussen commented, the Planning Commission recommended approval of the proposed development agreement and Council was now being asked to approve the conditional use permit with the two waivers and to approve the development agreement between the City and the applicant. Ms. Vander Dussen indicated the project site was centrally located within the Platinum Triangle, across from Angel Stadium, formerly developed as an office complex with two restaurants, EI Torito and Charley Brown's, which were recently demolished. The apartment units would wrap around a five-level parking structure, a new type of development, pointed out Ms. Vander Dussen, not seen in Anaheim but developed elsewhere in Orange County. The openings in the roof indicated courtyards around which units would be clustered with open space provided in each of those courtyards. The parking structure would not be visible from any of the adjoining streets or properties. She reported the Platinum Triangle Master Land Use Plan designated a new connector street along the western edge of the subject property with the applicant controlling the existing alley along this edge and would reconstruct it to serve as an interim connector street. As the properties to the west develop, the ultimate street improvements would be constructed. She pointed out the parking structure would contain 845 parking spaces which was 77 more spaces than required by Code given the mix of uses. Parking on the first level would be designated for patrons of the commercial uses; residents would have reserved parking on the upper levels with parking spaces for residents separated from the commercial parking by a security gate. Ms. Vander Dussen provided the background on the development indicating the project applicant was developing plans for this site as City staff was creating the standards for the mixed use district. As a result, many of the standards on this project were tested, with the end result that some were kept, and others abandoned or modified. She pointed out the project as proposed complied with all standards ultimately adopted by the Council last August except in two areas. First the Code set forth minimum sizes for patios and balconies and not all of the private patios and balconies complied with this criterion. Overall, however, she explained the project did not exceed the minimum amount of recreation or leisure space that was required by Code. The common recreation area featuring enhanced amenities including outdoor lounge areas, covered seating, barbeques, an outdoor fireplace, a pool and spa, garden art, fountains and overhead arbors. Staff and the Planning Commission determined the courtyards and other common areas provided adequate space for outdoor entertainment and relaxation and supported the waiver. The second waiver, stated Ms. Vander Dussen, pertained to required building treatment adjacent to streets. The Code required residential entries adjacent to State College and the connector street to be 18 inches above grade. The intent of this requirement was to provide interest along the street r ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 14 and to help delineate the public space from the private space. The applicant's ability to comply with this provision was affected by anticipated modifications to State College as the City was currently seeking funds to provide a grade separated crossing where the railroad tracks north of the subject property intersect with State College and with State College being depressed beneath the tracks at this location. This improvement would eliminate conflicts between vehicles and trains and also improve traffic flow. She indicated to accommodate this future improvement; the applicant would be constructing a retaining wall along State College and Wright Circle. She stated the wall would not be exposed until State College was actually depressed but at that time the intersection at State College and Wright Circle would be about 12 feet above the grade of the street below. Given that the entrances to the residential uses would not adjoin the sidewalk along State College when the road improvements were completed, she reported the project applicant did not believe there was any benefit to providing the 18 inches raised entries at this location and that staff had agreed. The entrances along the connector street would also be at grade so the project could be built at one level. With respect to architecture, Ms. Vander Dussen commented, stadium lofts had been designed to achieve an urban character as desired in the Platinum Triangle. Staff believed the proposed project as conditioned complied with the recently adopted Master Land Use Plan and Overlay Zone for the Platinum Triangle. The development agreement was based on the format approved by Council several months ago with no substantive changes made. Staff recommended Council approve the applications pursuant to the recommendation of Planning Commission. Mayor Pringle opened the public hearing. Eric Hefner, principal with Windstar Communities, stated the project was daunting and the responsibility to be the first project in the Platinum Triangle took much faith on the part of the developers and consultant teams. Mr. Hefner praised the collaboration with all City departments and spoke of his pride in the project. Curtis Gamble, real estate broker, supported the project. With no other testimony offered, Mayor Pringle closed the public hearing commenting Anaheim had undertaken a venture not many other cities would have tackled. He acknowledged the Planning staff that had amended the General Plan throughout the last year while the developer bought the proposed property and patiently waited for this day to occur. He remarked the City asked the developer to wait even longer while an overlay zone was created for the Triangle as well and the developer worked with City staff to make the overlay zone viable. The Mayor emphasized this first project was a quality project that would kick everything into high gear and was one of six projects that were filed to take place in the Triangle. Council Member Tait felt this was a beautiful project and a great addition to the City, and also thanked the Planning staff who worked diligently and quickly to overhaul the General Plan and create an overlay zone for the area. Council Member McCracken felt privileged that the last action she took was to approve a project of this caliber. ~ , ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 15 Council Member Chavez commented the project set the tone for the development of the Platinum Triangle sparking interest for other developments. Council Member Hernandez moved to approve the CEQA Mitigated Negative Declaration, to approve Mitigation Monitoring Program No. 125, to approve Resolution No. 2004-232, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM Granting Conditional Use Permit No. 2004-40906 and to introduce ORDINANCE NO. 5952 ORDINANCE OF THE CITY OF ANAHEIM (i) approving Development Agreement No. 2004-00002 by and between the City of Anaheim and CREA/NEXUS Anaheim Corners, LLC, (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement for and on behalf of the City; seconded by Council Member McCracken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tail. Noes - o. Motion Carried. Mr. Hefner invited all to the groundbreaking ceremony on November 30,2004 at 11 :30 A.M. Report on Closed Session Actions: Mayor Pringle earlier released a report on actions related to the Anaheim Angels immediately following the closed session. Council Communications: Council Member Hernandez announced the passing of employee James Taylor of cancer and of Robert Pettit, retired in 1981, who passed away at the age of 90 this October. Council Member Tait remarked he would miss everyone. Council Member McCracken wished all a Happy Thanksgiving and also stated she would miss everyone. Council Member Chavez thanked Council Members Tait and McCracken for their inspiration. Mayor Pringle noted this was a fitting end as the terms of Council Members McCracken and Tait ended. He remarked that discussion was often held about the differences between council members but very few moments were spent on their positive working relationships. This Council, he stated, worked very well together on behalf of the people of Anaheim, on minor as well as larger accomplishments and he wanted to ensure that his appreciation at working with all five council persons was expressed. He noted that this was the last time these five members of council would be seated and that on December 7,2004, two new members would take office, Lorri Galloway and Harry Sidhu and he was looking forward to working with new colleagues for the benefit of Anaheim's 350,000 residents. Mayor Pringle, saddened by the internal battle with the Anaheim Angels, wished to honor Vladimir Guerrero, of the Anaheim Angels, as the American League's most valuable player with a proclamation scheduled for the next Council meeting. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 7:30 P.M. r ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2004 Page 16 ~ Sheryl! Schroeder, MMC City Clerk r