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2005/04/26ANAHEIM, CALIFORNIA -CITY COUNCIL REGULAR MEETING APRIL 2fi, 2005 The City Council of the City of Anaheim met in regular session at 3:35 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 April 22, 2005 at the City Hall outside bulletin board. ADDITIONSIDELETIONS TOCLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Mayor Pringle moved to closed session for the following items: CLOSED SESSION; 1. 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 54955.9) Name of case: Drummond v. City of Anaheim, United States District Court Case No. SACV00243AHS. 3. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956,9 of the Government Code) Number of potential cases: one or more. Existing facts and circumstances: significant land movement and property damage to the properties located at 351, 365 and 373 Ramsgate Drive; 4039 and 4043 Circle Haven Road; 4033, 4039 and 4045 Maple Tree Drive. 4. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code) Number of potential cases: one. ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 2 5. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Dave Hill Employee organization: Anaheim Municipal Employees Association At 5:21 P.M., Mayor Pringle reconvened the Council meeting. Invocation: Pastor Tony Birge, Victory Baptist Church Flag Saiute: Council Member Sidhu Presentations: Unveiling of Library Awareness Month posters Sue Faesell, chair of Library Board of Trustees, June Glenn, head of the Library Foundation and Carol Stone, Head Librarian, unveiled the posters demonstrating Council's support of Library Awareness Month. Recognizing James "Mac" McDevitt on his retirement from Disneyland Hotel Council Member Chavez recognized "Mac" McDevitt for his 49 years of service to the Anaheim community having worked for the Disneyland Hotel since its opening in 1956 and for setting the tone in making Anaheim a friendly place to visit. Acceptance of Other Recognitians(To be presented at a later datel: Recognizing recipients of the Girl Scout Silver Awards Proclaiming May, 2005 as Water Awareness Month Recognizing the OC Parnership Proclaiming April 24-30, 2005 as Tree Appreciation Week Recognizing Ruben Martinez Proclaiming April 2005 as National Community College Month Proclaiming Mayas Mental Health Month Proclaiming May 11, 2005 as Meal on Wheels Day in Anaheim Recognizing the U.S. Small Business Administration, Santa Ana District, Small Business Person of the Year Finalist and Family-Owned Small Business of the Year At 5:34 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and Anaheim Housing Authority in joint session with the City Council. ADDITIONSIDELETIONS TO ANY AGENDAS: None PUBLIC COMMENTS (All Matters Except Public Hearings: ANAHEIM CITY COUNCIL MEETING MINUTES April 2fi, 2005 Page 3 William Fitzgerald, Homeowners Maintaining Their Environment, spoke of the need for additional Anaheim police officers and questioned City priorities. Joanne Abukartumi, invited the community to the Anaheim National Day of Prayer to be held May 9th at 6:00 p.m. at the Heritage Forum, announcing Mayor Pro Tem Chavez and Council Member Galloway would be co-chairs of the event celebrating the theme of peace and diversity. David Coons, resident, thanked Council and the community for making the April 23rd organ donor fund-raising event the most successful walkathon the charitable organization held. Kathyrn Smith expressed gratitude and thanks to staff for working on the County islands annexation citing the positive benefits her neighborhood would gain. Chrystal Simms, attorney for the Legal Aid Society of Orange County, spoke of the need for affordable housing for residents of Imperial Terrace apartments who were losing their project- based Section 8 housing assistance due to a Caltrans development at that location and asked for Council help for those tenants. Mayor Pringle requested staff to look into available housing options for replacing the apartment units and to share that information with Council and Ms. Simms. Ken Babcock, Executive Director of Executive Law Center, spoke on behalf of fow income clients who live in Anaheim or elsewhere in Orange County, requesting the City focus on providing affordable housing solutions. Michael Baker, Executive Director of Boys and Girls Club, thanked Disneyland Resort for their generous donation stating his organization would spend the funds wisely and put aside the largest portion in an endowment far the future. Ed Perez, Heritage Forum manager, reported the Orange County Symphony would be introducing a new musical director, Dean Anderson, who would outline plans for the 20051200fi symphony season at the Forum. Fernando Negrete, president of the Anaheim Firefighters Union, indicated the fire station serving the Platinum Triangle area would not be able to handle fire safety for the projected development of 10,000 additional residential units for that area and spoke of the need for a fire protection plan to address fire safety related to Anaheim's future residential developments. Larry Rosenberg, co-director of Anaheim Ballet, recognized Charlie Anderson, a competition winner at the New York Grand Prix, who received aone-year scholarship with the Royal Ballet. Charlie Anderson, Anaheim Ballet, thanked the community for the opportunity to dance with the Anaheim Ballet Company for the last four years, remarking he was looking forward to returning to Anaheim after his tenure with the Royal Ballet. James Robert Reade reported details of a traffic fatality. Alma Ramirez commented on poll#ical issues. Dr. John Baird, Orange County Vector Control representative, apprised Council of AB 991, pending legislation which would reduce the Vector Control Board from 35 to 11 members and explained the rationale #or the modification. As the Anaheim appointee to the Board, Mr. Baird ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 4 was opposed to the legislation stating that the Board set policy for the agency with each appointee representing an Orange County city offering diversity in their viewpoints. Mayor Pringle indicated he was aware of the legislation but had not yet formed an opinion. The Mayor commented that he had worked hard on many regional boards to insure Anaheim had a true voice, which he felt should be based on municipal population. He then suggested Dr. Baird share AB 991 details with Council Members and a fuller discussion with Council be scheduled in the near future. At 6:10 p.m., Mayor Pringle recessed the Council session to consider the Agency agenda, reconvening at 6:12 P.M. CONSENT CALENDAR: Council Member Sidhu removed Item 10 for separate discussion, Council Member Galloway removed Item No.18and Council Member Hernandez removed Item No. 26. Council Member Chavez moved approval of the balance of the Consent Calendar Items 7 -28, 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, Galloway, Hernandez, and Sidhu. Noes - 0. Motion carried. 7. Reject certain claims filed against the City. C118 8. Receive and file the Investment Por~olio Report for the month of March 2005; minutes of D117 the Public Utilities Board meetings held February 3, 2005 and March 29, 2005; and B105 minutes of the Public Library Board meeting held March 14, 2005. 9. Accept the bid of Southwest Power, in an amount not to exceed $1,718,910 (plus tax), D180 for gas insulated submersible distribution switches for the Public Utilities Department as required, for a period of one year with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal option in accordance with Bid #6596. 11. Award the contract to the lowest responsible bidder, Palp, Inc., dba Excel Paving 3475 Company, in the amount of $517,592, for the South Street Pavement Rehabilitation Improvement Project from State College Boulevard to East Street and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 12. Approve and adopt the Relocation Plan for the Katella Avenue Smart Street Project D175 (Ninth Street to Humor Drive). ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 5 13. Approve the Second Amendment to the Agreement with Republic Electric, Inc. 2821 (formerly Signal Maintenance, Inc.) to extend the term of the traffic signal maintenance services agreement for the 2005106 fiscal year. 14. Approve Lot Line Adjustment No. 0000565, located on the west side of West Street P110 south of Santa Ana Street. 15. Approve a First Amendment to the City's contract with Albus Keefe Associates, Inc., the 3429 geotechnical consultants investigating recent land movements in the City, to increase the not-to-exceed sum from $100,000 to $300,000. 16. Approve the First Modification of Lease with the Orange County Flood Control District 1460 and the First Amendment to the Sublease agreement with Lewis R. and Judith E. Schmid to extend the #erm of the contract fora #otal of two years for the Orange County Flood Control District Maintenance site. 17. Approve project plans for landscaping at the SR-91 and Imperial Highway; approve 3416 Contribution Agreement No. 12-504 with Caltrans; and approve and authorize the City Manager to execute the Cooperation Agreement with Caltrans for the purpose of SR-91 Corridor Beautification Improvements (see related Agency Item No. 1). 19. Determine on the basis of the evidence submitted by Waft Disney World Co. that the 1516 property owner has complied in good faith with the terms and conditions of Development Agreement No. 96-01 for the period of 2001-2004. 20. Approve and authorize the Public Utilities General Manager to execute a Power Sales 3417 Agreement with Southern California Public Power Authority for the purchase of geothermal energy. 21. Approve and au#horize the Public Utilities General Manager to execute the Second 2986 Amendment to an agreement with a-Meter Corporation, in an amount not to exceed $5,000 per month for a total of nine months, to continue data collection and project management services associated with the Department's pilot project for residential advanced metering. 22. RESOLUTION N0. 2005-46 RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain Deeds conveying to the City of Anaheim certain real property interests granted therein (Deed No. 10823-10826). ANAHEIM CITY COUNCIL MEETING MINUTES Ap ri 126, 2005 Page fi 23. RESOLUTION N0. 2005-47 RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements {Abandonment No. ABA2005-00106, adjacent to 510 South Harbor Boulevard}. (Public hearing scheduled June 7, 2005). 24. RESOLUTION N0. 2005-48 RESOLUTION OF THE CITY OF ANAHEIM initiating T104 proceedings for the annual levy of assessments in, and accepting an assessment engineer's report for, Anaheim Resort Maintenance District. RESOLUTION N0. 2005-49 RESOLUTION OF THE CITY OF ANAHEIM T104 declaring its intention to provide for annual levy and collection of assessments in the Anaheim Resort Main#enance District, and setting a time and place for public hearing thereon. (Public hearing scheduled May 24, 2005) 25. RESOLUTION N0. 2005-50 RESOLUTION OF THE CITY COUNCIL OF THE D175 CITY OF ANAHEIM (i}reviewing the need for continuing the local emergency heretofore proclaimed by the Director of Emergency Services of the City of Anaheim as ratified by City Council Resolution No. 2005-17, (ii}determining that the need for continuing the local emergency exists, (iii} authorizing and ratifying certain acts and orders by the Director of Emergency Services, and (iv}approving and authorizing certain additional remedial actions relating to the impending peril (concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive}. 27. ORDINANCE N0. 5966 (ADOPTION) ORDINANCE OF THE CITY OF M142 ANAHEIM adding, repealing and amending various chapters, sections and subsections of Titles 16 and 17 of the Anaheim Municipal Code relating to Fire Services and Land Development and Resources, respectively (Introduced at the Council meeting of April 12, 2005, Item #32). 28. ORDINANCE N0. 5967 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL M142 OF THE CITY OF ANAHEIM amending nunc pro tunc Ordinance 5959, Section 1.01.389 to correct certain clerical errors and omissions. END OF CONSENT CALENDAR 10. Award the contract to the lowest responsible bidder, Metro Builders & Engineers Group, 3474 in the amount of $1,207,087.80, for the Anaheim Convention Center Katella Avenue Frontage Landscaping and Lighting Enhancement Phase I, approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions, and increase the expenditure appropriations in the Convention, Sports and Entertainment Department's fiscal year 2004105 budget by $1,292,584. City Manager Dave Morgan announced Item 10 was a recommendation to award a contract for the convention center involving lighting and landscaping. He stated the project had been in the ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 7 works for some time, but was no# budgeted this year due to uncertainties with the State budget and had been put on hold to see what the year would bring. Council Member Sidhu believed this item should have been budgeted rather than use reserve funds and wondered if it could be deferred until the new budget year. Mr. Morgan replied the funding source was the Convention Center Fund which had a reserve account and that the City's policy had been to keep that fund at $8 million to $10 million, but that projections for the end of this fiscal year indicated the fund would approximate $14 million. Mayor Pringle supported the project, pointing out improvements to the physical appearance of the building was needed, par#icularly on Katella Avenue, and would generate more revenue when completed. He also stated that due to conservative fiscal management those improvements did not take place at the time the interior was upgraded. The lighting and landscape improvements would provide ease of access to the parking structure and the convention center would have the same look as the interior design and modernize the 35-year old structure along the Katella corridor. Council Member Sidhu was supportive of the upgrade, however, wished to clarify whether surplus funds would be used or i# the reserve funds would be drawn down. Greg Smith, Convention Center Department, explained that when the budget was prepared last year, he was concerned about revenue flow, but now projections showed an increase over the reserves which could be used to fund this project. Council Member Sidhu moved to approve Item No. 10, seconded by Council Member Hernandez. Ro11 Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. 18. Authorize the Executive Director of the Community Development Department to submit D155 the 2005-2010 Consolidated Plan for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOMES and Emergency Shelter Grant {ESG) funding totaling $9,541,598 to HUD; authorize the Executive Director of Community Development to execute all required FY 2005-06 documents and contracts, including subrecipient agreements; and authorize the City Manager to execute all related HUD funding approval documents. Community Services Director Elisa Stipkovich reported Item No. 18 was a consolidated five- yearplan required by HUD to implement programs such as CDBG, HOME and ESG grants. She noted that staff had spent a significant amount of time obtaining citizen participation for this plan, holding over 30 community meetings and sending a survey to over 44,000 households, receiving 5,500 responses related to the needs of the community. The plan was drafted from input received from various community members and staff from a number of departments as well as the Neighborhood Gouncil's dive-year objectives, She noted Council would have the opportunity to amend the consolidated plan in the future and for this fiscal year, $9.5 million in grant funds would be awarded to the City. Council Member Galloway discussed the community needs survey which showed that residents of all income levels were concerned about housing affordability and crime prevention. She noted that 85 percent of Anaheim families could not afford to buy a median priced home in the City at $515,000 and that the HUD affordability standard of rent plus utilities equaled 35 percent of income would only be affordable to households earning approximately $52,000 per year or $25 per hour. She stated that housing development decisions were made at the local level and hoped Council would move in the direction to place Anaheim's resident's household needs in the forefront at all economic levels. ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 8 Council Member Chavez thanked staff for moving forward with the item as housing was a crucial issue in the City. Involved in the National Association of Letter Carriers food drive, he was aware some residents had to supplement groceries through the food drive in order to have enough funds to pay rent by the end of each month. Council Member Sidhu questioned the makeup of other Orange County cities in terms of apartments and home pricing. Ms. Stipkovich replied that Anaheim had a very high percentage of apartments compared to other cities and roughly 50 percent was in the form of rental housing. She further noted that in Anaheim the average price of housing was approximately $465,000. Council Member Sidhu pointed out statistics put the average Orange County home at $600,000 and with the percentage of rentals available in the City higher than in most Orange County cities, he believed there was affordable housing available. He also felt requiring developers to address affordable housing needs in the City would discourage some from investing in Anaheim. Mayor Pringle remarked this was an issue tha# elicited passion in Council Members and it would be beneficial to have more discussions and workshops. He recognized the two sides to the housing issue, one side leaving it up to the market and the other side recognizing Anaheim was dependent on the resort area for revenue and that workforce housing was an important issue. He pointed out that population had increased by 60,000 in the 1990's and the City had only built 6,000 units during that decade. He also indicated he had requested staff to consider housing challenges in three ways:1) assist families residing in motels to transition into another type of living condition and schedule a Council workshop in June on that issue, 2) review redevelopment policy to maximize dollars and expand the number of housing units, and 3) in a positive, pro-business manner, encourage and promote builders to consider Anaheim for development opportunities. He recognized Council was committed to those issues and stated they would have many opportunities to discuss those concerns. Council Member Hernandez agreed with Mayor Pringle and also pointed out that rent control would only exacerbate and make the current condition worse pointing to areas where rent control existed resulting in more severe housing shortages. Council Member Galloway moved to approve Item No. 18, seconded by Council Member Chavez. Roll call vote; Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. 26. ORDINANCE N0. 5965 (ADOPTION) ORDINANCE OF THE CITY OF M142 ANAHEIM amending Section 1.09.050 Chapter 1.09 of Title 1 of the Anaheim Municipal Code relating to the City of Anaheim Campaign Reform Law (Introduced at the Council meeting of April 12, 2005, Item #31). Jack White, City Attorney, indicated Ordinance 5965 would make two changes to the City's campaign contribution regulations. It would increase the maximum contribution that could be made from $1,000 to $1,500 per contributor per election and would also provide that every other year following an election cycle that limit would change based on the comparable change in Consumer Price Index. He pointed out the current ordinance adopted 12 years ago with a limit of $1,000 had not changed since that time and that it had been based on the Orange County ordinance, without the County's cost of living inflator. He explained that Orange County had a ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 9 $1,000 limit originally, and due to inflation was now slightly under $1,500 and after the nex# election cycle, would exceed that figure. Council Member Hernandez voiced his opposition to the immediate 50 percent increase in contribution stating if the City were to use the $1,000 limit and apply the inflation calculator to that amount, he would support the ordinance and asked his colleagues to consider that change. He felt the larger amount would give an unfair advantage to incumbents and did not create a level playing field as incumbents had name recognition and contacts and would have an easier time in attracting contributions. Council Member Sidhu remarked that population growth as well as mailing and advertisement costs had gone up over the last 12 years and it made sense to increase the campaign contribution limit to reflect those increases. Council Member Sidhu moved to adopt Ordinance N0.59fi5, AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.09.050 OF CHAPTER 1.09 OF TITLE 10F THE ANAHEIM MUNICIPAL CODE RELATING TO CAMPAIGN REFORM LAW, seconded by Council Member Chavez. Roll Call vote: Ayes 4; Mayor Pringle, Council Members: Chavez, Galloway and Sidhu. Noes -1; Council Member Hernandez. Motion Carried. 29. Consider appointing a member to the Sesquicentennial Commission to complete the 8105 unexpired term of Lorri Galloway, term to expire December 31, 2007. With no objection from Council, Mayor Pringle continued item to May 10, 2005. 5:30 P.M. PUBLIC HEARINGS: 30. A public hearing to consider the abandonment of a portion of Rhodes Avenue between P110 Ventura Street and Minot Street, adjacent to the northerly boundary of the I-5 Freeway (ABA2004-00101 }. At the Council meeting held March 29, 2005, Item #30, the Anaheim City Council adopted Resolution No. 2005-31 declaring its intention to vacate certain public streets, highways and service easements Abandonment No. ABA2004-00101). REQUESTED BY: Anaheim Redevelopment Agency, 201 South Anaheim, Blvd., Suite 1003, Anaheim, CA 92805. Natalie Meeks, Public Works Department, reported the Redevelopment Agency requested the abandonment as parcels adjacent to Rhodes Road were freeway remnant parcels that were being redeveloped and would no longer be served by a public street but by a private driveway. Mayor Pringle opened the public hearing and receiving no comments, closed the hearing. Council Member Hernandez moved to approve CEQA finding of Categorically Exempt, Class 5, to approve Resolution No. 2005-51, A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF RHODES AVENUE BETWEEN VENTURA STREET AND MINOT STREET ADJACENT TO THE NORTHERLY BOUNDARY OF THE SANTA ANA FREEWAY (Abandonment #2004-00101) and to approve the quitclaim of the City's right, title and interest in the abandoned area, seconded by Council Member Sidhu. Roll Call vote: Ayes ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 10 - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. 31. A public hearing to consider the abandonment of two portions of public alley rights-of- P110 way adjacent to Vine Street between Broadway Street to the north and Santa Ana Street to the south (ABA2004-00102). At the Council meeting held March 29, 2005, Item #31, the Anaheim City Council adopted Resolution No. 2005-32 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2004-00102). REQUESTED BY: Anaheim Redevelopment Agency, 201 South Anaheim, Blvd., Suite 1003, Anaheim, CA 92805. Natalie Meeks reported the Redevelopment Agency had also requested the abandonment to allow for consolidation of a number of lots surrounding alleyways toallow amulti-family complex to be built on the property. She noted the City was retaining a sewer easement on the property. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member Hernandez moved to approve the CEQA finding of Categorically Exempt, Class 5, to approve Resolution No. 2005-52, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING TWO PORTIONS OF PUBLIC ALLEY RIGHTS-OF-WAY ADJACENT TO VINE STREET BETWEEN BROADWAY STREET TO THE NORTH AND SANTA ANA STREET TO THE SOUTH, and to approve the quitclaim of the City's right, title and interest in the abandoned area, seconded by Council Member Galloway. Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. 32. CONTINUED PUBLIC HEARING: E200 ENVIRONMENTAL IMPACT REPORT N0.328AND MITIGATION MONITORING PROGRAM N0.126 AMENDMENT N0.1 TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN - MIS2003-00071 AMENDMENT TO TITLE 18 "ZONING" - ZCA2003-00025 CONDITIONAL USE PERMIT N0.2003.04163 REQUEST FOR CITY COI~NCIL REVIkW OF ITEM N0.5d: 01NNER: Drive-in T Califarnia,120 North Robertson Boulevard, Los Angeles, CA 90048 AGENT: Archstone Communities, One Spectrum Pointe Drive, Suite 224, Lake Forest, CA 92630 LOCATION: Property is approximately 20.8 acres, located within the cities of Anaheim and Orange, south of the southeast corner of State College Boulevard and Orangewood Avenue. 2150 South State College Boulevard. This request pertains specifically to the northerly 8.4 acre portion of the project site, located within the City of Anaheim, within the boundaries of The Platinum Triangle, Gateway District (Formerly Orange Drive-in). ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 11 Amendment to the Platinum Triangle Master Land Use Plan (PTMLUP) (Miscellaneous Case No. 2003-00071 } - Request to amend The Platinum Triangle Master Land Use Plan (Amendment No.1) to provide for the Gateway District to have two sub-areas (Sub-Area A consisting of 41.6 acres and Sub-Area. B consisting of 8.4 acres). Amendment to Title 18 "Zoning" (Zoning Code Amendment No. 2003-00025) - Request to amend the Platinum Triangle Mixed Use (PTMU) Overlay Zone (Chapter 18.20 of the Anaheim Municipal Code} to establish zoning and development standards for the Gateway District, Sub-Area B and to provide for the development of a multipie- family residential development in Sub-Area B subject to the approval of a conditional use permit. Conditional Use Permit No. 2003-04763 - Request to construct a multiple-family residential development (the Archstone Gateway Project) in the Gateway District, Sub- Area Bconsisting of 352 apartment units with on-site tenant business and leisure amenities (the apartment complex is proposed to straddle the City limits of Anaheim and Orange with 352 units in the City of Anaheim and 532 units in the City of Orange for a total of 884 units). ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council approval of Environmental Impact Report No. 328 and Mitigation Monitoring Program No. 126 (PC2005-30) (6 yes votes with one Commission vacancy). Recommended City Council approval of Amendment No.1 to the Platinum Triangle Master Land Use Plan - MIS2003-00071 (PC2005-31). Recommended City Council approval of Amendment To Title 18 "Zoning" - ZCA2003- 00025. (Amending Zoning and Development Standards for the Platinum Triangle Mixed Use Overlay Zone Related to Sub Area B of the Gateway District). Conditional Use Permit No. 2003-04763 granted (PC2005-32). (Continued from the Council meeting of April 12, 2005, Item 39). Although this item had received a full and complete public hearing at the last Council meeting, Mayor Pringle reopened the public hearing to insure any individual wishing to comment had that opportunity. John Ledke, Archstone Communities, indicated he had met with the Carpenter's Union and discussed the issues brought up during the last public hearing, commenting that the meeting went well, and he was hopeful to move forward with the project. Bil! Bloom, representative of the Carpenter's Union, thanked Council for giving him an opportunity to meet with Archstone and discuss the union's concerns, remarking Archstone had listened to what was said and had given the union carpenters an opportunity to bid in a fair and competitive manner, although he was apprehensive that the bidding timeline might be too tight for the contractors to participate. Mr. Ledke responded that a letter had been mailed to six contractors identified by the union and the bid deadline was until the end of May, approximately six weeks from the date of the letter. He also stated if #hat was not enough time, Archstone could extend the deadline. Council Member Hernandez thanked both parties for coming together in the last two weeks and discussing their issues and moved to approve Resolution No. 205-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING FINAL ENVIRONMENTAL IMPACT ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 12 REPORT N0.328AND ADOPTING MITIGATION MONITORING PROGRAM N0.126, and to approve Resolution No. 2005-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAEHIM APPROVING AMENDMENT N0.1 TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN and to introduce Ordinance No. 5968, AN ORDINANCE OF THE CITY AMENDING VARIOUS SECTIONS OF CHAPTER 18.20 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE PLATINUM TRIANGLE MIXED USE OVERLAY ZONE, and to approve Resolution No. 2005-55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT N0.2003-04763, seconded by Council Member Sidhu. Council Member Chavez commented that at the previous meeting he had brought up issues related to housing affordability and believed Council would move forward with expanding those opportunities in the very near future. Additionally, he had talked about the lack of a fire station in that area to serve the new development and would recommend that a workshop be scheduled to consider fire safety needs during Council Comments. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. 33. CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING N350 PROGRAM N0.133 P100 GENERAL AMENDMENT NOS. 2005-00423, 2005-00424, 2005-00425, 2005-00426, 2005-00427, 2005-00428, 2005-00429 AND 2005-00430 RECLASSIFICATION NOS. 2005-00144, 2005-00145, 2005-00146, 2005-00147, 2005-00148, 2005-00149, 2005-00150, 2005-00151, 2005-00152, 2005-00153, 2005- 00154, 2005-00155, 2005-00156, 2005-00157, 2005-00158, 2005-00159, 2005-00160 AND 2005-00161 REQUEST FOR CITY COUNCIL REVIEW OF ITEM N0.2c: AGENT: City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Suite 162, Anaheim, CA 92805. LOCATION: Property is approximately 495 acres and is generally bounded by Broadway to the nor#h, Gilbert Street to the west, Katella Avenue to the south, and Brookhurst Street to the east and is located within an unincorporated area of the County of Orange within the Ci#y of Anaheim's sphere-of-influence, and is further described as County Islands 4-AN-6, 4-AN-7 and 4-AN-8. Figure 1 depicts the boundaries of the three County Islands. Figures 2 through 5 depict the approximate 495-acres further divided into eighteen (18) areas to correspond with the proposed General Plan Amendment and Reclassification applications. City-initiated request to set forth City of Anaheim General Plan land use designations and zone classifications for properties located within unincorporated County Islands 4- AN-6, 4-AN-7, and 4-AN-8 in the City of Anaheim's sphere-of-influence. This request is associated with a proposed annexation of the County Islands into the City of Anaheim. The proposed General Plan Amendments would amend the City of Anaheim General Plan. The Reclassifications would serve as "pre-zoning" for the subject properties. General Plan Amendment No. 2005-00423 - Request to redesignate Area No.1 (approximately 1.2 acres adjacent to the south side of Broadway and 225 feet west of the centerline of Brookhurst Street) from the Corridor Residential (up to 13 dwelling units per acre [du/act} to the Medium Density Residential (up to 36 dulac} or less intense designation. General Plan Amendment No. 2005-00424 - Request to redesignate Area No. 5 (approximately 1.4 acres at the northeast corner of Gilbert Street and Ball Road) from ANAHEIM CITY COUNCIL MEETING MINUTES April 2fi, 2005 Page 13 the Low Density Residential (up to 6.5 du/ac) to the Corridor Residential (up to 13 dulac) or less intense designation. General Plan Amendment No. 2005-00425 -Request to redesignate Area No. 6 (approximately 0.6 acres at the southeast corner of Gilbert Street and Ball Road) from the Low Density Residential (up to 6.5 dulac} to the Medium Density Residential (up to 36 dulac} or less intense designation. General Plan Amendment No. 2005-0042fi - Request to redesignate Area No. 7 (approximately 7 acres adjacent to the south side of Ball Road and 177 feet east of the centerline of Gilbert Street) from the Low Density Residential (up to 6.5 du/ac} to the Medium Density Residential (up to 36 du/ac) or less intense designation. General Plan Amendment No. 2005-00427 - Request to redesignate Area No. 8 (approximately 5.5 acres adjacent to the east side of Gilbert Street, 276 feet south of the centerline of Ball Road) from the Low Density Residential (up to 6.5 du/ac) to the Medium Density Residential (up to 36 du/ac) or less intense designation. General Plan Amendment No. 2005-00428 - Request to designate Area No. 14 (approximately 2.7 acres generally bounded by Pacific Avenue to the north,122feet to the centerline of Magnolia Avenue to the west, the Southern California Edison easement to the south and 1,324 feet to the centerline of Gilbert Street to the east) to the Low Density Residential (up to 6.5 du/ac) designation. General Plan Amendment No. 2005-00429 - Request to designate Area No. 17 (approximately 30 acres generally bounded by Pacific Place to the north, Gilbert Street to the east, Katella Avenue to the south and 156 feet to the centerline of Markev Street to the west) to the Low-Medium Density Residential (up to 18 dulac) or less intense designation. General Plan Amendment No.2005-00430 - Request to designate Area No. 18 (approximately 0.3 acre at the northwest corner of Ka#ella Avenue and Berry Avenue) to the Low-Medium Density Residential (up to 18 dulac) or less intense designation. Reclassification No. 2005-00144 - Request to reclassify Area No.1 (approximately 1.2 acres adjacent to the south side of Broadway and 225 feet west of the centerline of Brookhurst Street) from County R-3 "Apartment District to City RM-4 (Multiple-Family Residential) or less intense Zone. Reclassification No. 2005.00145 - Request to reclassify Area No. 2 {approximately 2.9 acres at the southwest corner of Broadway and Brookhurst Street) from County C1 "Local Business" District #o City C-G (General Commercial} or less intense Zone. Reclassification No. 2005-0014fi - Request to reclassify Area No. 3 (approximately 109 acres generally bounded by Broadway to the north, Gilbert Street to the west, Ball Road to the south and 181 feet west of the centerline of Brookhurst Street) from County R1 Single-Family Residential Distr~c! to City RS-2 (Single Family Residential) Zone, Reclassification No. 2005-00147 - Request to reclassify Area No. 4 (approximately 5 acres at the northwest and southwest corners of Stonybrook Drive and Brookhurst Street) from County C1 "Local Business" District to City C-G (General Commercial) or less intense Zone. Reclassification No. 2005-00148 - Request to reclassify Area No. 5 {approximately 1.4 acres at the northeast corner of Gilbert Street and Ball Road} from County CN(C2884) "Commercial Neighborhood" District to Ci#y C-G (General Commercial) or less intense Zone. Reclassification No. 2005-00149 - Request to reclassify Area No. 6 (approximately 0.6 acres at the southeast corner of Gilbert Street and Ball Road} from County C1 "Local Business District to City RM-4 (Multiple-Family Residential} or less intense Zone. ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 14 Reclassification No. 2005-00150 - Request to reclassify Area No. 7 (approximately 7 acres adjacent to the south side of Ball Road and 177 feet east of the centerline of Gilbert Street) from County R3 "Apartment" District to City RM-4 (Multiple-Family Residential) or less intense Zone. Reclassification No. 2005-00151- Request to reclassify Area No. 8 (approximately 5.5 acres adjacent to the east side of Gilbert Street, 276 feet south of the cente~ine of Ball Road) from County R2 "Multifamily Dwelling" District to City RM-4 (Multiple-Family Residential) or less intense Zone. Reclassification No. 2005-00152 - Request to reclassify Area No. 9 (approximately 124 acres generally bounded by Ball Road to the north, Gilbert Street to the west, Cerritos Avenue to the south and Brookhurst Street to the east) from County R1 "Single-Family Residential" District to City RS-2 (Single Family Residential} Zone. Reclassification No. 2005-00153 - Request to reclassify Area No. 10 (approximately 2.1 acres at the northeast corner of Gilbert Street and Cerritos Avenue} from County R2 "Apartment" District to City RS-2 (Single Family Residential) Zone. Reclassification No. 2005-00154 - Request to reclassify Area No. 11 (approximately 3.9 acres adjacent to the west side of Brookhurst Street including properties 521 feet north of the centerline of Cerritos Avenue and properties 1,103 feet south of the centerline of Cerritos Avenue} from County RP "Residential Professional" District to City RS-2 (Single Family Residential) Zane. Reclassification No. 2005-00155 - Request to reclassify Area No. 12 (approximately 54 acres generally bounded by Cerritos Avenue to the north, Gilbert Street to the west, the Southern California Edison easement to the south and 185 feet west of the centerline of Brookhurst Street) from County R1 "Single-Family Residential" District to City RS-2 (Single Family Residential) Zone. Reclassification No. 2005-00156 - Request to reclassify Area No. 13 (approximately 26.3 acres generally bounded by Cerritos Avenue to the north,1,155 feet to the centerline of Magnolia Avenue to the west, the Southern California Edison easement to the south and Gilbert Street to the east) from County R1 "Single-Family Residential" District to City RS-2 (Single Family Residential} Zone. Reclassification No. 2005-00157 - Request to reclassify Area No. 14 (approximately 2.7 acres generally bounded by Pacific Avenue to the north,122 feet to the centerline of Magnolia Avenue to the west, the Southern Califomia Edison easement to the south and 1,324 feet to the centerline of Gilbert Street to the east) from County R1 "Single- Family Residential" District to City RS-2 (Single Family Residential) Zone. Reclassification No. 2005-00158 -Request to reclassify Area No. 15 (approxima#ely 11.3 acres generally located 150 feet south of the centerline of Pacific Avenue, Gilbert Street to the west, the Southern Pacific Railroad to the south and Brookhurst Street to the east) from County C1(C02-014) "Local Business" District to City C-G (General Commercial) or less intense Zone. Reclassification No. 2005-00159 - Request to reclassify Area No. 16 (approximately 31.6 acres generally bounded by the Southern Pacific Railroad to the north, Gilbert Street to the west, Katella Avenue to the south and 1,321 feet to the centerline of Brookhurst Street to the east) from County R1 "Single-Family Residential" District to City RS-2 (Single Family Residential) Zone. Reclassification No. 2005-00160 - Request to reclassify Area No. 17 (approximately 30 acres generally bounded by Pacific Place to the north, Gilbert Street to the east, Katella Avenue to the south and 156 feet to the centerline of Markev Street to the west) from County R2D "Two-Family Residence" District to City RM-2 (Multiple-Family Residential) or less intense Zone. ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 15 Reclassification No. 2005-00161- Request to reclassify Area No. 18 (approximately 0.3 acre at the northwest corner of Katella Avenue and Berry Avenue) from County R2(3000)(C3201) "Multifamily Dwelling" District to City RM-2 (Multiple-Family Residential) or less in#ense Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council approval of Negative Declaration and Mitigation Monitoring Program No. 133, with modifications. (5 yes votes with two Commission vacancies). Recommended City Council approval of General Plan Amendment Nos. 2005-00423 through 2005-00430 (PC2005-43 through 2005-50). Recommended City Council approval of Reclassification Nos. 2005-00144 through 2005-00161(PC2005-51 through 2005-68}. MOTION: CH! CEQA FINDING: NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM N0.133. RESOLUTION N0. 2005-~6, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT N0.2005-00423 PERTAINING TO THE LAND USE ELEMENT RESOLUTION N0. 2005-57_, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT N0.2005-00424 PERTAINING TO THE LAND USE ELEMENT RESOLUTION N0. 2005-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT N0.2005-00425 PERTAINING TO THE LAND USE ELEMENT RESOLUTION N0. 2005-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT N0.2005-0042fi PERTAINING TO THE LAND USE ELEMENT RESOLUTION N0. 2005-60, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT N0.2005-00421 PERTAINING TO THE LAND USE ELEMENT RESOLUTION N0. 2005-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT N0.2005-00428 PERTAINING TO THE LAND USE ELEMENT RESOLUTION N0. 2005-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT N0.2005-00429. RESOLUTION N0.2005-63, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT N0.2005-00430 PERTAINING TO THE LAND USE ELEMENT RESOLUTION N0.2005-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00144) ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 1fi RESOLUTION N0. 2005-65 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00145) RESOLUTION N0. 2005-66, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00146) RESOLUTION N0. 2005-67, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00147) RESOLUTION N0. 2005-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FENDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00148) RESOLUTION N0. 2005-69, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00149) RESOLUTION N0. 2005-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00150) RESOLUTION N0. 2005-71, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00151) RESOLUTION N0.2005-72, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00152) RESOLUTION N0. 2005-73, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED {RECLASSIFICATION N0.2005-00153) RESOLUTION N0. 2005-74, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED RECLASSIFICATION N0.2005-00154) ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 17 RESOLUTION NO. 2005-75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00155) RESOLUTION N0. 2005-76, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00156) RESOLUTION N0. 2005-77, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00157) RESOLUTION N0. 2005-78, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00158) RESOLUTION N0. 2005; l9, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00159) RESOLUTION N0. 2005_80, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00160) RESOLUTION N0. 2005-81, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED (RECLASSIFICATION N0.2005-00161) Sheri Vander Dussen, Planning Director, reported after many public meetings with the community and the Planning Commission, an application was before Council to complete the annexation of the Garza islands, unincorporated Orange County territory. She indicated this item was a series of general plan amendments and reclassifications which affected approximately 495 acres with a current population of almost 7,800 residents. Staff had been working with the County of Orange on the annexation for a number of months and a memorandum of understanding outlining the approach to annexing this area was adopted by the City Council and the Board of Supervisors last December. On March 1st of this year, Ms. Vander Dussen noted that Council had adopted a resolution requesting Local Agency Formation Commission (LAFCO) to commence proceedings for the annexation. She explained the annexation process was communicated to the residents during workshops held February 23, March 16 and March 31st of this year and staffed by LAFCO, the City and the County. In addition, the City had been airing informational messages on cable television, ANAHEIM CITY COUNCIL MEETING MINUTES April 2fi, 2005 Page 18 had provided information on the municipal website and established a hotline to respond to questions related to the annexation. Ms. Vander Dussen commented the assignment of general plan and zoning designations was one of the preliminary steps required by LAFCO to process the proposed annexation and were determined by conducting extensive field research, reviewing County zoning designations and development standards and analyzing the area's existing general plan designations. It was the City's objective, as reflected by the Planning Commission's actions, to assign the City's general plan and zoning designations to the properties in this area that most closely matched the existing County designations. She pointed out the Planning Commission voted to recommend Council approval of the proposed general plan amendments and reclassifications on March 18, 2005. She noted the Commission also directed staff to take two additional steps:1) to pursue a reclassification of an area adjacent to Brookhurst to the low intensity office zone based on input received during the hearing from a resident who requested that the area be rezoned to allow for potential office opportunities similar to rights that were enjoyed under the County zoning and 2) to draft a code amendment to allow nonconforming structures within the annexation area to be rebuilt in the event they were destroyed. Staff would be scheduling these items for Commission review in the near future. She outlined the full annexation process, explaining the annexation could be finalized by December of this year. Summarizing the actions before Council, Ms. Vander Dussen stated they included adoption of the mitigated negative declaration as well as approval of eight general plan amendments and 18 reclassifications. Mayor Pringle inquired what the current County zoning was for the Brookhurst area identified by the Planning Commission versus what was proposed by the City. Ms. Vander Dussen indicated the County zoning allowed the existing single family residences to be used for office uses and the proposed zoning by the City would not have allowed that option, therefore, the Planning Commission wanted staff to look at reclassification of that area to allow conversion to office uses. Mayor Pringle asked what the options were and Linda Johnson, Planning staff, indicated the options were to reclassify the property to the OL zone, which was low intensity office zone, and in that zone a single family residence could be converted to office use with a conditional use permit. Other options could include amending the RS2 single family zone to include a provision allowing a condi#ional use permit for properties in this annexation area to be able to convert to office uses. The Mayor asked if the OL zoning challenged the right of the homes in this area to be residential units and Ms. Johnson indicated it did not and those homes could continue to be occupied as residential units but it would be a legal nonconforming use. Mayor Pringle wanted to ensure staff found a way to get around the definition of being a legal nonconforming use and ensure the rights people in the Garza strip currently had continued and were protected. Ms. Johnson indicated staff could also explore adding language to the legal nonconforming section further defining that in this annexation area whatever righ#s were legally enjoyed under the County today, would carry forward explaining that typically, once an area was annexed to the City, the County would then turn over all of their files showing approvals for different types of uses. She further explained staff also added some provisions to the resolutions on the zone changes stating that if a project was in process in the County all the way up to just the day before the annexation would be effec#ive, that they could continue to build those structures per County zoning designation and standards. ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page ~ 9 The Mayor asked City Attorney Jack White if this specific example of office and residential uses would be allowed to continue without the restriction of being a legal nonconforming use to prevent dealing with the challenges that could arise when a resident wanted to modify a legal nonconforming use. Mr. White replied an ordinance could be drafted that identified one specific area to modify exactly what uses would be allowed to continue there. Mayor Pringle opened the public hearing Bert Sullivan, Garza strip resident on Brookhurst, indicated he was speaking on behalf of a number of his neighbors who were concerned with losing the office use designation. He stated that rezoning properties from RP to R1 qualified as a "take which would require compensation from the City and cited several court cases on that issue and providing an attorney's opinion letter to be part of the record. Kathryn Smith, Garza resident, thanked Council and staff for a thorough job in communicating the issues of annexation, pointing to the number of benefits her neighborhood would gain through annexation with the City. Joanna Huff, Garza resident, spoke against the annexation, indicated the island was aself- sufficient community with less code enforcement, lower property taxes and utility bills that were not too high. Donna Calderwood, 50-year Garza resident, opposed the annexation citing discrepancies in the City's plan versus the County zoning. Diane Brown, Garza resident, spoke in favor of the annexation, speaking of the slow response times from the County and the deterioration of the neighborhood. Chuck Smith, Garza resident, recommended zoning for his area be R3 rather than R2. He reported his property was to be purchased by Habitat for Humanity and the County was to allow the construction of eight two-story homes but was unable to get a sewer permit because new lateral lines were prohibitive and he felt his property would be worth more with the R3 designation. Mayor Pringle stated the goal was to try to match the City's zoning v~ith the County's zoning designation and not take away any property rights. Ms. Vander Dussen explained staff was unable to document approvals or agreements on Mr. Smith's property and that the maximum development rights for the City were the same as for the County, one lot for each 7,200 square feet. The Mayor pointed out that one day there could be an opportunity to increase or expand that designation and as the process moved forward, areas along Brookhurst could be considered for the new zoning designation called corridor housing which allowed more density. Christine Viegas stated her perspective was that the Garza residents had been abandoned for a long time and had not been able to comment and decide what vision was right for the community. She requested, as the City continued the annexation process, they also continue to outreach and allow the residents to comment on architectural designs or other impacts to their neighborhoods. Paulson Brano., Garza resident, was supportive of the annexation, asking that the City continue to make the area a beautiful place to live. ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 20 A licensed contractor residing in the Garza strip was concerned that his three trucks would not be able to be parked on the street. Bill Sell, Community Preservation Manager indicated the County and City had similar restrictions on commercial vehicles and that any vehicle over 10,000 pounds was considered commercial and could not be parked in a residential area. The contractor stated his vehicles were 12,000 pounds and he would oppose the annexation as under County jurisdiction, that restriction had not been enforced. With no other comments offered, Mayor Pringle closed the public hearing remarking he was pleased that the City of Anaheim and the County of Orange were working together on the issue of annexation, pointing out that the County was getting out of the municipal service business and cities were now being encouraged to annex those islands into their jurisdictions. The Garza islands represented the last three County islands within Anaheim, stated Mayor Pringle, and he made a commitment to the residents that the City was not interested in taking away property rights presently enjoyed. He indicated he would make a motion to move forward with an ordinance to allow that area along Brookhurst to be able to maintain the right to have office or residential use. He also stated Council looked forward to serving the new residents who now had one place to go for evening meetings to address law enforcement, fire and other public safety issues. He further explained that Proposition 13 established a uniform property tax rate and the one percent of valuation tax rate would not change whether property was located within a city or in an unincorporated area. He also pointed to successful cost-saving programs enjoyed by the residents of Anaheim such as the Home Improvement Holiday and Business Tax Holiday which were not enjoyed by County residents. Mayor Pringle queried the City Attorney as to the modified language to address the office use designation on portions of Brookhurst. Mr. White indicated a condition could be added to Reclassification No. 2005-00154 which related to the properties on Brookhurst and would read "prior to the adoption of the ordinance reclassifying the subject property into the RS2 zone, the RS2 zone standard shall be amended to permit the continued development and use of such properties in accordance with the County's zoning, in effect, on the date of annexation of such properties into the City of Anaheim. He stated staff would return with an amendment to the RS2 zone that would put in an exception for these properties on Brookhurst so they could take advantage of the RS2 zoning or they could maintain under existing County zoning. Council Member Chavez moved to approve the CEQA findings of negative declaration and Mitigation Monitoring Program No. 133 and to approve Resolution No's 2005-56 to 2005-63 approving General Plan Amendments 2005-00423 to 2005-00430 related to Land Use Element, and to approve Resolution No's. 2005-64 to 2005-81 amending the zoning map in Title 18 of Code related to Reclassifications No's. 2006-00144 to 2005-00161, including the additional condition drafted by the City Attorney, seconded by Council Member Hernandez. All resolution titles were read as stated above. Roll Call vote; Ayes - 5: Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. Report on Closed Session Actions: Mr. White reported Council unanimously authorized the filing of litigation involving code violations at 344 South Mohler Drivel. Council Communications: ANAHEIM CITY COUNCIL MEETING MINUTES April 26, 2005 Page 21 Council Member Hernandez reported the deaths of Anaheim Police Department retirees William A. Masters and Mary B. "Virginia" Frick. He also announced the passing of Dale Stanton, an active member in Anaheim's community. Council Member Galloway repor#ed an act of kindness for Mario Belante while attending the Anaheim Angels baseball game. Council Member Sidhu requested tha# all faiths be provided the opportunity to give the invocation during Council meetings. Mayor Pringle responded that all houses of worships received a written invitation from him to participate at the beginning of each calendar year. Council Member Chavez reported on his attendance at the Orange County Water District meeting reporting that with the six straight years of drought, and with the State cutting a significant amount of water district revenues, there could be up to a four percent increase in water rates for Anaheim residents. Council Member Chavez also requested a workshop be scheduled as soon as possible to discuss the options, cost and time frame associated with building a fire station in the Platinum Triangle area. Mayor Pringle concurred indicating he was looking forward to receiving the Fire Chief's future facility plan as well and scheduling the workshop after completion of the report. Mr. Morgan indicated that report had been distributed to the Council today and he would find the best date to schedule the workshop. Mayor Pringle expressed gratitude to the Disney Corporation for their donation of $1 million made to the Anaheim Boys and Girls Club, the largest donation ever made by Disney. He felt the Disney Corporation could not have picked a better organization for their donation, emphasizing the Boy's and Girl's Club would put a large portion of those dollars toward an endowment for the future and would expand services for Saturday hours and to the West Anaheim youth center to serve the motel kids in that area. He also announced that Disney would celebrate their 50th anniversary next week with activi#ies planned to commemorate the milestone. He also reported that the 19 remnant parcels due to the widening of the 5 freeway had been approved for purchase by the City from Caltrans or OCTA. He recognized Claire Fletcher and her staff for their efforts in the six-year long process indicating that some parcels could now be available for City parks, a fire station for the Platinum Triangle, affordable housing or commercial uses. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 8:17 P.M. Respectfully submitted: Sheryll Schroeder, MMC City Clerk