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2005/07/26ANAHEIM, CALIFORNIA CITY COUNCIL REGULAR MEETING July 26, 2005 The City Council of the City of Anaheim met in regular session for the meeting of July 26, 2005 at 3:08 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob Hernandez and Harry Sidhu. STAFF PRESENT: Dave Morgan, City Manager, 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 July 22, 2005 at the City Hall exterior bulletin board. Motel Families Strategic Plan Workshop: D150 Terry Lowe, Community Services Director, began the workshop with background on the Orange County Partnership. He stated the organization had researched and surveyed a specific segment of the homeless population in Anaheim, those living in Anaheim area motels, and had subsequently written a report commonly referred to as the Motel Families Strategic Plan and that the current and former executive directors of the organization would provide an overview of that Plan. In 1998, Mr. Lowe noted his department became aware of individuals and families who were living semi-permanently in motels and hotels in the City that were in need of social services. At that time the department established and continues to facilitate the Motel Collaboration, a group of 30 agencies, including City and County government, local school districts, and non-profit charitable and faith-based organizations who met monthly to network, problem-solve, share resources and respond to those living in motels. In 1999, he reported, the department initiated a youth mobile recreation outreach program supported primarily through donations to serve the children at the EI Dorado Inn, and had provided 48 children with recreation, games, crafts, excursions and snacks twice per week. In 2004/05, he reported, the following services were provided: 1) over 120 individuals and families living in 13 area motels received food boxes, grocery store vouchers, bus passes, and many other types of services; 2) the Youth Development Program serviced 69 youths during that same time period; 3) the Kids in Action program provided year-round outreach at Maxwell Elementary while another program did the same for high school and junior high school youths; and 4) the Anaheim Library provided services through the bookmobile, local schools and the Boys and Girls Club. Mr. Lowe commented community preservation played an important role in ensuring motel properties were maintained within City codes and housing violations were corrected for the well- being and safety of motel tenants. The Police Department also assigned officers from four service districts to work as liaisons to the motels to help resolve criminal and social issues and planned to cultivate a positive working relationship with the West Anaheim Motel Owners Association in order to work together to resolve issues and disseminate information about available resources. ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 2 Bertha Chavoya, Housing Services Manager, presented the Community Development Department's short-term and long-term strategies and programs to assist individuals and families who were either chronically homeless, temporarily homeless or at risk of becoming homeless. The programs provided through the Department were meant to assist with intervention, temporary assistance and long-term permanent housing assistance for homeless families. The temporary assistance programs included cone-time rental assistance program that helped 40 families from becoming homeless and emergency shelter grant funds through U.S. Department of Housing and Urban Development (HUD.) She reported her department was aggressive in seeking funds and the Housing Community Development Commission assisted the Housing Authority staff in screening and ranking applicants, conducting interviews, and making awards to the non-profit agencies to deliver the most service possible with the dollars provided. Her department was also trying to work with developers and work with residential development projects to provide for permanent housing for homeless families. Applying for and receiving Section 8 vouchers, her department assisted 91 households, assisted and worked with Tyrol Plaza and Casa Alegre to provide 52 households with permanent housing assistance and was currently working with the Cherry Orchard project as the developer was proposing to have a component for the homeless through a Section 8 program that would affect 50 households. She noted that in 2004/05, her department provided $1.5 million to subsidize families in short-term and long-term housing assistance for 1,300 households and projected those figures for 2005/06 as well. Janine Ingram, former Executive Director of Orange County Partnership reported the Orange County Register had an award winning coverage of motel children and the barriers and problems they faced living in the motels and had received huge public responses to that coverage. The Orange County Board of Supervisors, in response, asked the Social Services Department to commission a study and find out exactly how many people were living in motels and what was being done for them; a study which was completed in 1998. Following that study, Ms. Ingram stated, the Community Action Partnership was asked to look at how many families were living in motels and understand the impacts of the 28 day rule and limited stays had on families. In 2003, the Partnership found this was a phenomenon that was happening throughout the country, but there had been no surveys or research that focused on the problem. With this information, the agency, funded by grants from the Children and Families Commission of Orange County, conducted a survey, working closely with City of Anaheim Community Services staff, the Boys and Girls Club, and the Anaheim Collaborative to Assist Motel Families and a variety of care members in identifying what questions should be asked and where to go to ask them. She indicated a team of 26 volunteers put in 360 volunteer hours, visiting 1,000+ motel rooms in 40 Anaheim motels and provided full details of the surveys to Council. In general, the average number of people per room was usually 3 and only one family per room, 52 percent were white and 21 percent were multi- ethnic, 28 percent were two-parent families and 21 percent were single parent families. Seventy- six percent stated the reason for remaining homeless was the inability to save for apartment rental deposits, and 43 percent had bad credit or past eviction histories. Fifty-six percent of those surveyed had medical care, 52 percent received food stamps and 35 percent received other cash assistance. Thirty-seven percent indicated they moved from room to room because of the 28 day rule or to make sure they were not considered permanent residents by the motel owners. When asked about the types of services needed, 48 percent needed housing assistance, 47 percent needed job training and 46 percent were not aware of services available to them. Dawn Lee, Executive Director of Orange County Partnership stated the second part of the survey identified nine strategies to assist those families, emphasizing those strategies in which the City ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 3 could provide assistance. The goal of the strategic plan, stated Ms. Lee, was to begin discussion to work on interventions that could be put in place to address the needs of motel families and to move them into more stable housing in the future. She noted this was the start of the process and the strategies suggested would be refined but the commitment and an allocation of resources by the City to this program would be the beginning step. Terry Lowe added that a number of City departments worked together with the non-profit partners to develop the workshop and in tandem with the OC Partnership, developed recommended City goals for consideration: 1) Creating a housing opportunity center, 2) study motel conversion ordinance, 3) revisit single room occupancy policy, and 4) look at land use strategies to consider higher densities for motel sites. Mayor Pringle asked for more information on the single room policy; Bertha Chavoya explained that several years ago Anaheim adopted a single room occupancy policy and had been looking at converting old motels or abandoned sites into living assistance for individuals who worked in the area and who were low income. The structures had special waivers on design and certain guidelines were established on the actual size of the units and the services that needed to be provided. Mayor Pringle asked about the 29 day rule; Mr. Morgan replied that per Code, on the 30th day motel or hotel guests became exempt from Transient Occupancy Tax (TOT) after residing in the motel for 29 days. He also indicated there was a rarely used provision of the Code that said guests could qualify for "qualifying rental agreement" that would exempt them from TOT from the first day and he believed there were only two or three of those agreements in existence today. He also stated that some motel owners enforce the 29 days because they were not looking to take on the added responsibility of tenant rights for their guests. He indicated the City reported a loss of $1.3 million in TOT related to exemptions. Council Member Galloway asked what the average rent was for a single room; Ms. Ingram replied the motels reported it was approximately $35 to $40 per night, with residents paying in excess of $1,000 to $1,200 a month for a single room, significantly more than they would pay for an apartment. She explained their problem in renting an apartment related to not being able to save enough funds for a deposit or not being able to clear the credit and eviction history checks from landlords. She pointed out the Partnership had strategies to address those issues by working with real estate agencies and other agencies that would help make it acceptable for a motel owner to write a letter of recommendation for a steady weekly payment on time of rent for two years as a history of payment. Council Member Hernandez asked what the Apartment Association's role was related to Strategy 9. Ms. Ingram responded once families' credit were cleared and payment history established, housing would have to be identified for the motel families and the South Coast Apartment Association would add another voice to the table in the discussion of providing housing. Council Member Chavez asked what the motel conversion ordinance would do. Ms. Stipkovich replied she would be meeting with other city departments to determine if there were some standards identified which would allow motel owners to covert to apartments. Council Member Chavez asked what the fourth goal entailed, the land use strategy to consider high density for motel sites. Ms. Stipkovich noted that from a redevelopment standpoint, the City had looked at Beach Boulevard and sections of Lincoln and found that the motels were no longer functioning as motels and that some of those areas were planned for residential and if higher densities could be considered, owners might convert to apartments or have a requirement to do some affordable housing or at least combine replacing the substandard housing that's long term with more permanent standard housing that might have some affordable component. She did not believe the current General Plan for that area was sufficient enough economic reason for motel conversions to occur. ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 4 Council Member Chavez was supportive of those strategies but also felt it was time to move forward to change the living conditions of these families. Providing services was a good first step, but he believed the City should move more aggressively in providing housing for the very poor. He hoped a policy could be created or a task force established to continue to look at this issue and develop options to solve the problems. Council Member Chavez was very thankful for all the different organizations within the City that had reached out to the motel families. Council Member Galloway asked for further details on the residential motel designation. Ms. Ingram indicated the designation would provide greater flexibility, as currently motels were exempt from receiving federal homeless grant funds as they were not classified as a space for the homeless. The new designation would open up a category of federal funding currently not offered. Mayor Pringle ended the workshop by stating he would like to establish a task force on this topic and asked members of Council to suggest names for the working group for the next Council meeting. He recommended looking at all nine strategies so far identified by the Orange County Partnership and staff and set a deadline of three months time frame in which the task force would return with recommendations as to what steps the Council could take. Council concurred with the recommendation. ADDITIONS/DELETIONS TO CLOSED SESSION: Council had received an amended agenda with closed session Item No. 7 added after the agenda was created but prior to its posting. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Alma Ramirez addressed the problems associated with renting in Orange County. Severino Garcia addressed affordable housing needs in the community. James Robert Reade opposed cost of litigation associated with Item 2 on the closed session agenda, Welch versus the City of Anaheim. Mayor Pringle moved to closed session for the following items: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: City of Anaheim v. Angels Baseball, LP, et al., Orange County Superior Court Case No. 050001902. 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Welch v. City of Anaheim, et al., Orange County Superior Court Case No. 050006368. 3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Jimenez v. Weiger, et al., Orange County Superior Court Case No. 040007141. ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 5 4. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: National Exhibitions and Communications Group, Inc. v. City of Anaheim, et al., Orange County Superior Court Case No. 04CC11272. 5. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Tom Wood Employee organization: Anaheim Municipal Employees Association 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 2000 South Gene Autry Way, Anaheim, California Agency negotiator: Dave Morgan Under Negotiation: price and terms of payment 7. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Chris Chase Employee organization: Anaheim Firefighters Association, Local 2899 At 6:08 P.M., Mayor Pringle reconvened the Council meeting. Invocation: Mayor Pringle offered the invocation Flag Salute: Council Member Galloway Presentations: Recognizing Rick Martinez, Anaheim Police Explorer Program Senior Advisor Lieutenant Joe Vargas and Chief John Welter recognized Rick Martinez for his involvement in the Explorer Program since 1978, pointing out he had donated over 20,000 hours toward the development of the program and had coached, mentored and trained a number of Anaheim police officers who started out in the Explorer program. Proclaiming August 7, 2005 as National Kids Day in Anaheim Michael Baker accepted the proclamation indicating "National Kids Day" was an annual event at the Boys and Girls Club and invited all to attend. Acceptance of Other Recognitions (To be presented at a later date): Recognizing Reverend Marry Hibbard on her retirement At 6:11 P.M., Mayor Pringle called the Anaheim Redevelopment Agency to order in joint session with the Anaheim City Council. ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: Item 1 on the Agency agenda and the companion Item 15 on the Council agenda was requested by staff to be continued to August 16, 2005; staff also requested withdrawal of Item 13. The applicant requested Item 27 public hearing be continued to August 23, 2005. ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 6 PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): James Robert Reade recognized Bill Taormina for his historic preservation efforts. William Fitzgerald, HOME, spoke against the nightly Disneyland fireworks display. Mary Lou Meyer addressed concerns related to Robber's Peak development and the future impact of the development to the Santiago landslide area. Alma Ramirez spoke against litigation award for former police officer, Ray Welch. At 6:30 P.M., Chairman Pringle recessed the Anaheim City Council meeting to consider the Anaheim Redevelopment Agency agenda and reconvened Council session at 6:35 P.M. CONSENT CALENDAR: Mayor Pringle removed Item 11 from the consent calendar for further discussion; Items 13 and 15 were removed by staff. Council Member Hernandez moved approval of the balance of the Consent Calendar Items 5 -25, seconded by Council Member Galloway 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. 5. Reject certain claims filed against the City. C118 6. Receive and file the Monthly Financial Analysis presented by the Finance Director for ten D128 months ended April 30, 2005 and for eleven months ended May 31, 2005; the Annual B105 Consolidated and Allocation Report for the Supplemental Law Enforcement Services Fund; the Investment Portfolio Report for the month of June 2005; minutes of the Deferred Compensation Committee meetings held February 9, 2005, March 9, 2005 and April 13, 2005; minutes of the Park and Recreation meeting held May 25, 2005; minutes of the Public Utilities Board meeting held June 2, 2005; minutes of the Public Library Board meeting held June 13, 2005; the minutes of the Housing and Community Development Commission meeting held April 20, 2005. 7. Cancel the regular scheduled Council meeting of August 9, 2005 and adjourn the July 26, D114 2005 Council meeting to 3:00 P.M. August 16, 2005. 8. Review the need for continuing the Proclamation of the Existence of a Local Emergency by D175 the Director of Emergency Services of the City of Anaheim issued on February 9, 2005, and the subsequent orders issued pursuant thereto, concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 7 9. Approve the second amendment to the contractual agreement with Townsend Public Affairs 2841 extending state supplemental advocacy services representing Anaheim with an emphasis on public utility issues and state grant/bond funding opportunities from August 1, 2005 to July 31, 2006. 10. Award the contract to the lowest responsible bidder, GMC Engineering, Inc., in the amount 3592 of $1,377,713.20, for the State College Boulevard and Ball Road intersection improvements. 12. Adopt the seven-year Capital Improvement Program as required by Measure M, the D175 Revised Traffic Improvement and Growth Management Ordinance passed by Orange County voters in November 1990. 13. Approve and adopt the Relocation Plan for the Gene Autry Way (West)/I-5 Highway and D175 HOV Interchange Projects (continued from the Council meeting of June 7, 2005 Item #21). Item 13 withdrawn by staff and would be rescheduled. 14. Approve an Amendment to the Agreement with Valley Crest to maintain the City's two golf 2784 courses for an additional five-year period at an annual cost of $1,528,008 for each of the first two years with increases granted for the last three years based on the Consumer Price Index. 15. Approve and authorize the City Manager to execute the Cooperation Agreement dated 3518 June 1, 2005, between the City of Anaheim, City of Yorba Linda and the Redevelopment Agency for the Savi Ranch/Weir Canyon Traffic Improvements (related to Redevelopment Agency Item #1). Item 15 withdrawn by staff and would be continued to August 16, 2005. 16. Approve an agreement between the Anaheim Redevelopment Agency and the City of 3590 Anaheim for intersection improvements at La Palma Avenue and Kraemer Boulevard (related to Agency Item #2). 17. Approve and authorize the City Manager to execute an agreement with the City of Santa 3593 Ana for the purpose of accepting funds from the State of California for the purpose of providing Workforce Development Services. 18. Approve the Third Amendment to Agreement with RJM Design Group to authorize an 3095 additional amount of $379,207 for continued professional services required to design and complete Phase II of the landscape and lighting enhancement project at the Convention Center. ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 8 19. Authorize the Fire Chief to accept a state reimbursement award from the Federal D129 Emergency Management Association (FEMA)/Orange County Operational Area for the 2004 Emergency Management Performance Grant (EMPG) for the period of 10/01/03 through 09/30/04 and increase the Fire Department's FY 05/06 budget by increasing revenues and expenditures, in the amount of $30,317. 20. RESOLUTION NO. 2005-144 RESOLUTION OF THE CITY COUNCIL OF THE CITY P178 OF ANAHEIM accepting certain irrevocable offers of dedication to the City of Anaheim of certain real properties or interests therein (Tract Map Nos. 16254, 16412 and 16430). 21. RESOLUTION NO. 2005-145 RESOLUTION OF THE CITY COUNCIL OF THE CITY P124 OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (10827, 10837, 10842, 10846, 10847 and 10850). 22. RESOLUTION NO. 2005-146 RESOLUTION OF THE CITY COUNCIL OF THE CITY D129 OF ANAHEIM adopting the National Incident Management System and National Response Plan. 23. RESOLUTION NO. 2005-147 RESOLUTION OF THE CITY COUNCIL OF THE CITY D182 OF ANAHEIM amending rates, rules, and regulations for the sale and distribution of electricity through a revision to Rule 26 that expands the eligibility for the income qualified, senior/disabled discount. 24. ORDINANCE NO. 5984 (INTRODUCTION) ORDINANCE OF THE CITY OF ANAHEIM C280 amending subsections .010 of Section 18.44.050 of Chapter 18.44 and .060 of Section 18.38.240 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code relating to signage and promotional banners (Zoning Code Amendment No. 2005-00039). 25. Approve the minutes of the regular City Council meeting of July 12, 2005. END OF CONSENT CALENDAR 11. Award the contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount of 3594 $195,480, for the Brookhurst Street and Brookmore Avenue traffic signal installation, increase the project budget by $76,000 for a total of $216,000, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Mayor Pringle wished to bring this traffic signal installation to the attention of the public, stating that on occasion, members of the community brought forward traffic safety concerns which were reviewed by staff and this item reflected action on one of those requests. Gary Johnson, Director of Public Works, further explained the request was received in 2001 and staff had looked at the location, performed traffic studies and found it to be one of the highest rated signals for both traffic and safety benefits which was why it was marked as a high priority item and placed in the capital improvement plan for this fiscal year. ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 9 Council Member Hernandez moved to approve Item 11, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried 26. Consider appointments to the Investment Advisory Board and Park and Recreation 6105 Commission. Investment Advisory Board: With the consent of council, Mayor Pringle continued to August 16, 2005. Park and Recreation Commission: Council Member Sidhu nominated Dhiru Vadodria and Council Member Galloway nominated Richard Crawford to the Park and Recreation Commission appointments. The nominees were unanimously accepted. 5:30 P.M. PUBLIC HEARINGS: 27. Applicant requests continuance to August 23, 2005 CONTINUED PUBLIC HEARING: N350 CEQA MITIGATED NEGATIVE DECLARATION RECLASSIFICATION NO. 2003-00109 VARIANCE NO. 2004-04626 TENTATIVE TRACT MAP NO. 16545 OWNER: Red Curb Investments, P.O. Box 995, Torrance, CA 90508 AGENT: Thomas Hartley, 25971 Arriba Linda, Laguna Niguel, CA 92677 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: Negative Declaration approved (5 yes votes, Commissioners Romero and Velasquez absent). Reclassification No. 2003-00109 granted (PC2004-113). Variance No. 2004-04626 granted (PC2004-114). Tentative Tract Map No. 16545 approved. (Continued from the Council meetings of November 16, 2004, December 14, 2004, January 11, 2005, January 25, 2005, March 1, 2005, March 29, 2005, April 12, 2005, May 10, 2005, June 7, 2005, and July 12, 2005). Item 27 continued to August 23, 2005. ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 10 28. CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN N350 NO. 129 CONDITIONAL USE PERMIT NO. 2005-04975 TENTATIVE TRACT MAP NO. 16825 DEVELOPMENT AGREEMENT NO. 2005-00005 OWNER: US Southeast Corporation, 1818 South State College Boulevard, Suite 200, Anaheim, CA 92806. AGENT: John Stanek, Integral Partners, 160 Newport Center Drive, Suite 240, Newport Beach, CA 92660. LOCATION: 1818 South State College Boulevard. Property is approximately 3.1 acres, located south and east of the southeast corner of State College Boulevard and Katella Avenue, having a frontage of 327 feet on the east side of State College Boulevard and 105 feet on the south side of Katella Avenue (Platinum Centre Condominiums). Conditional Use Permit No. 2005-04975 -Request to modify the required setback abutting State College Boulevard and the proposed private street fora 265-unit residential condominium project. Tentative Tract Map No. 16825 -Request to establish a 1-lot, 265-unit airspace attached residential condominium subdivision. Development Agreement No. 2005-00005 -Request to adopt a Development Agreement between the City of Anaheim and U.S. Southeast Corporation fora 265-unit residential condominium project. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended Council approval of Mitigated Negative Declaration and Mitigation Monitoring Plan No. 129 (5 yes votes, Commissioner Flores absent and one Commission vacancy). Conditional Use Permit No. 2005-04975 granted (PC2005-83). Tentative Tract Map No. 16825 approved. Recommended Council approval of Development Agreement #2005-00005 (PC2005-84). (Council Members Chavez and Galloway requested review of the Planning Commission's decision of June 1, 2005). Sherri Vander Dussen, Planning Director, reported the Planning Commission had approved a conditional use permit and tentative tract map on June 1, 2005, which established a 265-unit condominium project called the Platinum Centre Condominiums. She explained the permit authorized modifications to setbacks along State College and the proposed private street within the project. She noted this was the fourth request for the Platinum Triangle area since last year's adoption of the Platinum Triangle Master Land Use Plan. The site was surrounded by commercial uses to the north and west, office uses to the east and light industrial uses to the south. The architectural features, pointed out Ms. Vander Dussen, were contemporary in design and incorporated deeply recessed windows, metal canopies, decorative wrought iron and gates as well as stone veneer and roof and window trim. The landscape plan included decorative paving, heavily landscaped corridors and densely landscaped setbacks and complied with all applicable City standards. She indicated the common area amenities included a recreation area with a pool and spa, and an entertainment terrace with enhanced paving, a fountain, fire pit and a lobby. Construction on the project should begin in summer of 2006 and be completed by fall of 2007. Ms. Vander Dussen ended the presentation by stating staff ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 11 recommended adoption of the development agreement and upholding the Planning Commission's approval of the conditional use permit and the tentative tract map. Mayor Pringle opened the public hearing. John Stanek, Principal with Integral Partners, owner and applicant for the property, stated the project would offer condominiums for sale in the Platinum Triangle that would meet a variety of household needs. He explained the units would range from 650 square feet to 1,235 square feet and would be 1 and 2-bedroom, 2-bath formats. In response to Mayor Pringle's question, Mr. Stanek stated the condominiums would range in price from $290,000 up to the high $400,000, and that he wanted to be able to offer a variety of sizes with five or six floor plans. With no other comments offered, Mayor Pringle closed the public hearing. Mayor Pringle inquired how the private street off Katella would work with the neighbors in the Platinum Triangle and Mr. Stanek replied there was a signed agreement with the neighbor that whoever first builds a development would also build the new street, and the other development would then pay their full share. The Mayor asked if the new street could accommodate access to the Angel Stadium parking lot. Ms. Vander Dussen stated that since the street had been designed to fit all City standards and there was only a block wall proposed at the end of the cul de sac, it would be possible to punch through for access. Council Member Sidhu requested details on the homeowners association. Mr. Stanek indicated because of the private street that must be maintained as well as the common area and insurance, he anticipated the homeowner's dues to be $250 to $300 per month but that the fees had not yet been worked out with the Department of Real Estate. Council Member Hernandez remarked this was a quality project and would help relieve the pressure of the housing crunch in the City and he would support its approval. Council Member Chavez stated he had met with the developer and was impressed with the condominiums, believing the for-sale cost was reasonable and that the project would create service sector housing. However, he added, that until a comprehensive plan was put in place by the Council to address all types of housing from the very low income to market rate, he would recommend continuation of the Platinum Centre project; Council Member Galloway seconded the motion. She explained she had also met with Mr. Stanek and had approved of the project but felt the need for a definitive plan to address all levels of affordability was of greater concern for her. Mayor Pringle commented that he also believed there should be a clear plan on expanding affordable housing in the City and that he was committed to that concept but could not support the motion as it would punish a developer for doing what the City asked. Mayor Pringle then offered a substitute motion to approve the project, seconded by Council Member Sidhu. Council Member Hernandez indicated he agreed with the Mayor and could see no purpose in delaying the Platinum Centre condominiums. Council Member Sidhu concurred in the approval of this project. The motion made by Mayor Pringle was to approve the CEQA findings, adopt Resolution 2005-148 APPROVING CONDITIONAL USE PERMIT NO. 2005-04975, approve Tentative Tract Map #16828 and introduce ORDINANCE NO. 5985 (i) APPROVING DEVELOPMENT AGREEMENT NO. No. 2005-00005 BETWEEN THE CITY OF ANAHEIM AND INTEGRAL PARTNERS, (ii) making certain findings thereof and (iii) authorizing the Mayor to execute said document by and on ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 12 behalf of the City, seconded by Council Member Hernandez. Roll Call vote: Ayes - 3; Mayor Pringle, Council Members Hernandez and Sidhu; Noes - 2, Council Members Chavez and Galloway. Motion Carried 29. CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN N350 NO. 131 TENTATIVE TRACT MAP NO. 16826 DEVELOPMENT AGREEMENT NO. DAG2005-00006 OWNER: Stadium Land Partners, LLC, Brad Redelsperger, c/o Newport Federal, 4425 Jamboree, #250, Newport Beach, CA 92660. AGENT: John Stanek, Integral Partners, 160 Newport Center Drive, Suite 240, Newport Beach, CA 92660. LOCATION: 2045 South State College Boulevard. Property is approximately 3.8 acres with a frontage of 292 feet on the west side of State College Boulevard and located 337 feet north of the centerline of Orangewood Avenue (Gateway Centre Condominiums). Request to approve a Mitigated Negative Declaration prepared for the project and circulated for public/responsible agency review in compliance with the California Environmental Quality Act (CEQA) and the State and City of Anaheim CEQA Guidelines. The Draft Mitigated Negative Declaration is available for public review (May 19, 2005 until June 7, 2005) and copies of the document are available for review at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim CA 92805. Development Agreement No. DAG2005-00006 -Request to recommend City Council adoption of Development Agreement between the City of Anaheim and Newport Federal for the Gateway Centre Condominium Project to construct a 266-unit residential condominium project. Tentative Tract Map No. 16826 - To establish a 1-lot, 266-unit airspace attached residential condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Mitigated Negative Declaration and Mitigation Monitoring Plan No. 131 approved (6 yes votes and Commissioner Buffa absent). Tentative Tract Map No. 16826 approved. Recommended Council approval of Development Agreement No. DAG2005-00006 (PC2005-96). (Council Members Chavez and Galloway request review of the Planning Commission's decision of June 13, 2005). Sheri Vander Dussen, Planning Director, announced the Planning Commission approved the Gateway Centre Condominium project on June 22, 2005, the fifth request for residential development in the Platinum Triangle area. The site was primarily vacant, with some overflow parking for an adjacent office building, and was surrounded by tight industrial and office uses. She indicated there was a proposed connector street that would be constructed along the northern boundary of the site and there would also be a signalized intersection at State College Boulevard. Ms. Vander Dussen reported the building architecture incorporated a variety of colors and architectural materials and the landscape plan would include decorative pavement at the driveway providing primary access to the site from the new connector street. The property also included recreational amenities such as an outdoor pool/spa and barbeque, a landscaped courtyard, a ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 13 lounge and gym for residents and Ms. Vander Dussen noted it satisfied all zoning requirements. The applicant anticipated construction would begin by the first quarter of 2006 and be completed by the second quarter of 2007. Ms. Vander Dussen indicated the recommendation was to adopt the development agreement and approve the associated tentative map and environmental documents. Mayor Pringle opened the public hearing. John Stanek, Integral Partners, agent for the applicant, explained the Gateway project was different from the Platinum Centre Condominiums and the construction of the connector street offered the developer the opportunity to build townhouses along the section of the project that would have direct access onto the connector street so residents would have a back door to that street. The front door would still be interior to the courtyard but the units would have courtyards and direct access onto the connector street. He also remarked if there were any future retail uses along Orangewood, there would be direct pedestrian access from the eastern portion of the building. These units were 200 square feet larger than the Platinum Centre Condominiums and would start as one-bedroom, I bath but go up to 3 bedrooms, 3 baths for the townhouses. A water feature would be constructed at the connector Street and State College Boulevard. Mayor Pringle stated the connector street ran along the north edge of the project and hopefully at some time would connect north to Gene Autry. Mayor Pringle asked for width dimensions of the street and Associate Planner John Ramirez replied it was 36 feet at the initial entry from State College and narrowed down to 26 feet beyond the entry way into the project. He explained there would be 5 foot sidewalks and a 5 foot parkway and until such time as the connector street was developed to its full width, the maintenance and repair of the first 26 feet of the connector street would be the obligation of the property owner and/or homeowners association. A portion of the connector street on the adjacent property to the north would be the developer's obligation to acquire an agreement from that property owner for its maintenance and repair. As no other comments were offered, the public hearing was closed. Council Member Hernandez stated he was supportive of the project as it would provide needed housing and contributed to the mitigation of the escalation of the price of housing in the City. He moved to approve the CEQA findings and Tentative Tract Map No. 16826 and to introduce ORDINANCE NO. 5986 APPROVING DEVELOPMENT AGREEMENT NO. 2005-00006 BY AND BETWEEN THE CITY OF ANAHEIM AND STADIUM LAND PARTNERS LLC, (ii) making certain findings and (iii) authorizing the Mayor to execute said document on behalf of the City; seconded by Council Member Sidhu. Roll Call vote: Ayes - 3; Mayor Pringle, Council Members Hernandez and Sidhu; Noes - 2, Council Members Chavez and Galloway. Motion Carried Report on Closed Session Actions: City Attorney reported that Council unanimously authorized the City Attorney to file a Motion for New Trial and an appeal, if necessary, in the case of Welch vs. City of Anaheim, OCSC 050006368. Council Communications: Council Member Hernandez announced the passing of retired employees: Harry Pealer, Public Utilities; Robert Toenes, Police Department; Thomas Cochran, Finance Department; John "Jack" ANAHEIM CITY COUNCIL MEETING MINUTES July 26, 2005 Page 14 Flanagan, Police Department; William Ports, Police Department; and Alice Castro, Community Development Department. Mayor Pringle requested the City Attorney to review the issue related to the Supreme Court Kilo decision and how the City could take further action to restrict present and future council members from using eminent domain for the purpose of taking private property for the use of private development. City Attorney Jack White would provide Council with a report on the matter. Adjournment: At 7:16 P.M., Chairman Pringle adjourned the meeting to August 16, 2005 Respectfully submitted: w Sheryll Schroeder, MMC City Clerk