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2006/12/12 ANAHEIM, CALIFORNIA CITY COUNCIL REGULAR MEETING DECEM BER 12, 2006 (Adjourned Session of December 5, 2006) Mayor Pringle called the December 5, 2006 adjourned regular session to order on December 12, 2006 at 1 :32 P.M. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and Acting City Clerk Catherine Godoy ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION - INTERVIEWS 1. PUBLIC EMPLOYMENT Title: City Clerk 2. PUBLIC EMPLOYMENT Title: City Treasurer At 3:00 P.M. Mayor Pringle adjourned the December 5,2006 meeting and called to order the regular meeting of December 12, 2006 for a closed session on the following items: CLOSED SESSION ITEMS: 1. PUBLIC EMPLOYMENT Title: City Clerk 2. PUBLIC EMPLOYMENT Title: City Treasurer 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 2695 East Katella Avenue, Anaheim, California Agency negotiator: Dave Morgan Negotiating parties: City of Anaheim and Anaheim Arena Management, LLC Under Negotiation: Terms of agreement 4. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9 Number of potential cases: One At 5:40 P.M., Council session was reconvened. ANAHEIM CITY COUNCIL MEETING MINUTES December 12, 2006 - Page 2 Invocation: Pastor Wayne Palmer, Freedom Bible Church Flaa Salute: Council Member Hernandez Recognizing David Hill on his retirement from the City of Anaheim - Mayor Pringle introduced Human Resources Director Dave Hill, recognizing him for over 40 years of dedication and service to the community of Anaheim Acceptance of Other Recoanitions (To be presented at a later date): Presentations: Proclaiming December 25, 2006 - January 2, 2007 as Childhood Cancer Awareness Week Recognizing the winners of the 2006 Holiday Lights Contest - Mayor Pringle announced the winners of the 2006 Holiday Lights contest would be recognized at the January 9, 2007 meeting, however, he pointed out addresses for the decorated homes could be found on the City's website for citizens wishing to view them during the holidays. At 5:50 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and Anaheim Housing Authority for a joint public comment session with the City Council. ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: None PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): David Blake, resident, expressed a number of concerns related to certain capital improvement projects and Mayor Pringle referred him to the Director of Public Works for assistance with those concerns. Curtis Gambel, resident, provided an update to information offered on Anaheim hotel websites related to taxi rates and other transportation modes; Mayor Pringle indicated the City did not require hotels to post information of that type on websites, but referred Mr. Gambel to the Visitors and Convention Bureau to discuss the merits of having that type of information updated on hotel websites. Mayor Pringle recessed the City Council session to consider the Redevelopment Agency meeting, reconvening the Council session for the following joint public hearing. JOINT COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING: 3. This is a Joint Public Hearing to consider a Disposition and Development Agreement (290 4403 South Anaheim Boulevard) with CIM Urban Real Estate Fund, LP, for rehabilitation of an office building and construction of a new hotel. (This item was continued from the November 28, 2006 meeting, Item #1 CITY COUNCIL ACTION: ANAHEIM CITY COUNCIL MEETING MINUTES December 12, 2006 - Page 3 RESOLUTION NO. 2006-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT (290 SOUTH ANAHEIM BOULEVARD) WITH CIM URBAN REAL ESTATE FUND, LP AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. Elisa Stipkovich, Community Development Director, provided a brief staff report indicating the Disposition and Development Agreement was recommended for approval to allow CIM Urban Real Estate a long-term ground lease on the Willdan property adjacent to City Hall. She added CIM would be required to rehabilitate the building to accommodate a culinary school and a 132-room boutique hotel and at the end of 55 years, the property would refer back to the Agency, if CIM did not exercise their option to purchase. She recommended both the Council and the Agency enter into the agreement. Mayor Pringle opened the public hearing for comment and invited the applicant to speak. Mary Anderson, CIM Group, stated the project was a two phased proposal, starting with the culinary school which was anticipated to take one year and ending after five years from this date with the completion of the hotel, a contributing factor to the critical mass of the revitalized retail area. With no other public comments offered, Mayor Pringle closed the hearing. Council Member Kring voiced her appreciation for the culinary school program and indicated her support for the project. Mayor Pringle thanked City staff for negotiating this deal and CIM for their continued interest in the City. He added the CIM Group, whose background included the revitalization of Old Town Pasadena area and downtown Sacramento, would attract that same kind of energy and excitement to Anaheim, bringing jobs, students and more residents living in apartment buildings near City Hall and engaging in a variety of civic activities. Council Member Hernandez remarked the culinary institute would be an asset to the community in providing training for individuals working in the resort area and moved to approve Resolution No. 2006-250 of the City Council of the City of Anaheim approving a Disposition and Development Agreement with CIM Urban Real Estate Fund and making certain findings; seconded by Agency Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Agency Members: Galloway, Hernandez, Kring and Sidhu. Noes - O. Motion carried. CONSENT CALENDAR: Council Member Galloway removed Item 21 for further discussion, Council Member Hernandez pulled Item 25 and Mayor Pringle removed Item 30. Council Member Kring stated she would be recorded as an abstention vote on Item 37. Council Member Sidhu waived reading in full of all ordinances and resolutions and to approve the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - O. Motion Carried 7. Reject certain claims filed against the City. C118 ANAHEIM CITY COUNCIL MEETING MINUTES December 12, 2006 - Page 4 8. 8105 9. 4310 10. 4311 11. 4312 12. 4313 13. 4314 14. 0180 15. 0180 16. 0180 17. 4315 18. 0180 Receive and file meeting minutes of the Public Utilities Board meeting of October 26, 2006 and the November 2006 Investment Portfolio Report. Approve the engineering services agreement with CNC Engineering for the Master Plan of Storm Drainage for Anaheim-Barber City Channel and Stanton Channel Tributary Areas study in an amount not to exceed $130,000. Approve the Subdivision Agreement for Parcel Map No. 2005-259, located at 601 South Western Avenue. Award the contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount of $6,825,640, for the Direct Buried Cable Replacement Phase V project, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Award the contract to the lowest responsible bidder, Sialic Contractors Corporation DBA Shawnan, Inc., in the amount of $1,886,263, for the State College Boulevard Median and Landscape Beautification Improvements from South Street to Broadway, Phase 4B Project, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Execute the agreement with David Taussig & Associates, Inc., for special tax assessment services involving the Community Facilities District formation for the Platinum Triangle Area, in an amount not to exceed $70,000. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing Agent to issue a blanket purchase order to ProForce Law Enforcement, for X-26 Tasers and related equipment for the Police Department, in a not-to-exceed amount of $100,000 for a period of one year. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing Agent to issue master agreements and purchase orders to LaserFiche and their affiliated companies, as necessary for products and services required for document management and archiving of the City's records. Accept the bid of Galls, an Aramark Company, LLC, in an amount not to exceed $150,600 (including tax) for the purchase of uniforms for the Fire Department for a period of one-year with three one-year options to renew and authorize the Purchasing Agent to exercise the renewal options, all in accordance with Bid #6822. Accept the bid of Marina Landscape, Incorporated, in an amount not to exceed $50,160 for landscape service of the Civic Center and the Maintenance Facility properties for a two- year period with three one-year optional renewals, and authorize the Purchasing Agent to execute renewal options, all in accordance with Bid #6815. Accept the low bid from Globe Electric Company, Incorporated, of $116,576 plus tax, for four 60-ton air-cooled water chillers as replacement chillers for two City buildings, all in accordance with Bid #6852. ANAHEIM CITY COUNCIL MEETING MINUTES December 12,2006 - Page 5 19. Approve Amendment No. 13 to an agreement with Taormina Industries Incorporated to haul 1483.13 tree waste for recycling purposes with a proposed minimal increase of $91.48 to $91.49 for transport charges per container. 20. 4316 22. 3889.1 Authorize the Director of Community Services to sign a Right of Entry Permit to allow contractors and/or other representatives of AquaDuks Swim School to come upon City property at the northeast corner of Nohl Ranch Road and Serrano Avenue to investigate the stability of the slope and perform other environmental testing. Approve the first amendment to the existing agreement with Allison and Partners for Ready OC, an emergency preparedness public awareness campaign. 23. Approve and authorize the Police Chief to execute a Lease Addendum with Mobile Modular 4316.A Management Corporation, in an amount not to exceed $11,000, for a period of one year, for a modular unit currently used as the Police Activities League Center. 24. 0129 26. 0117 27. 4317 28. 0182 29. 2725.1 31. 0175 32. 0154 Increase the Fire Department's FY 06/07 budget in the amount of $77,800 for the purchase of work uniforms. Approve the 2007 Investment Policy. Approve Agreement No. 12-UT-937 between the State of California acting by and through the Department of Transportation and the City of Anaheim for the removal and relocation of electrical facilities to accommodate the CalTrans freeway grade separation project on State Route 90 (Imperial Highway) at Orangethorpe Avenue. Approve and authorize the Public Utilities General Manager to execute a Joint Trench Master Agreement to facilitate joint trench construction and cost sharing for work in the Underground Conversion Program. Approve and authorize the Public Utilities General Manager to execute an amendment to an agreement with Frey Environmental, Inc., to extend the term of the agreement for up to three years at a cost of $242,000 per year to continue environmental consulting services for remediation of contaminated soil and groundwater at the former gasoline station located at 3270 W. Lincoln Avenue. Review the need for continuing the local emergency heretofore proclaimed by the Director of Emergency Services as ratified by previous action of the City Council concerning land movement and property damage in the vicinity of 357,365 and 373 Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. RESOLUTION NO. 2006-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 2000R-122 WHICH ESTABLISHED RATES OF COMPENSATION FOR JOB CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT. RESOLUTION NO. 2006-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 2000R-123 WHICH ESTABLISHED RATES OF COMPENSATION FOR JOB CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT. ANAHEIM CITY COUNCIL MEETING MINUTES December 12, 2006 - Page 6 RESOLUTION NO. 2006-253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 2000R-124 WHICH ESTABLISHED RATES OF COMPENSATION FOR JOB CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT. 33. RESOLUTION NO. 2006-254 RESOLUTION OF THE CITY COUNCIL OF THE P121 CITY OF ANAHEIM RESCINDING PREVIOUS RESOLUTION NO. 2006-167 REGARDING PROPERTY LOCATED AT 1680 AND 1696 WEST KATELLA AVENUE AND 1818 SOUTH EUCLID STREET (NINTH STREET TO HUMOR DRIVE PROJECT -R/W ACQ2004-00204, R/W ACQ2004-00206 AND R/W ACQ2004-00205). 34. RESOLUTION NO. 2006-255 A RESOLUTION OF THE CITY COUNCIL OF THE 0175 CITY OF ANAHEIM ADOPTING THE "COMBINED CENTRAL ANAHEIM AREA MASTER PLAN OF SANITARY SEWERS SEPTEMBER 2006." 35. ORDINANCE NO. 6043 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM C280 AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2005-00163). (Introduced at the November 28,2006 meeting, Item #32) 36. ORDINANCE NO. 6044 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM C280 AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2006-00181). (Introduced at the November 28, 2006 meeting, Item # 33) 37. Approve the regular City Council meeting minutes of November 13, 2006 and November 28, 2006. Abstention: Council Member Kring END OF CONSENT CALENDAR: 21. Approve and authorize the City Manager to execute Amendment No.1 to the Temporary 2898.C.1 Assistance to Needy Families Vendor Agreement between the City of Anaheim and Casa Loma College, Inc. Ruben Aceves, Workforce Development Manager, reported this item was an amendment to an existing agreement with Casa Loma College to provide occupational skills training for welfare individuals by increasing the subgrant from $100,000 to $500,000 through June 30,2007. To questions posed by Council Member Galloway as to how excess funds came to the City and how Orange County determined which individuals would be referred and benefit from this training, Mr. Aceves replied the Orange County Board of Supervisors had earmarked $900,000 to be used for workforce funding for 2006/07, however, those funds had not been approved until after June 30, 2006 and the City used $100,000 in carryover funds to jumpstart the program. He added the Orange County Social Services Agency had determined through their screening process that there were 200-250 additional individuals that would benefit from this program. This was done, he reported, by the Social Services Agency annually going through the welfare roles and profiling those individuals who could participate and advance through occupational training. He stated of the $900,000, $550,000 would be used for the CalWorks occupational training, with the remaining ANAHEIM CITY COUNCIL MEETING MINUTES December 12, 2006 - Page 7 funds covering staff and administrative costs of the program. Mayor Pringle asked how administrative costs were spent and Mr. Aceves responded staff was hired to conduct assessments of each County referral, determine profiles, make referrals and job placements and for follow up services. Mayor Pringle confirmed that the Calworks component was entirely administered through the City, not through the County and once the individuals were referred to the One-Stop program, it was the City's responsibility for case management. Council Member Hernandez reported this was another example of the efforts through Workforce Investment Board to create a viable workforce in the community, especially in the health care delivery system and these dollars would be used to train Calworks participants to find employment in the health care industry. Mr. Aceves reported this was the 3rd year of this program and the Social Services Agency determined whether or not it was successful and had increased Anaheim's funding from $125,000 the first year, $325,000 in the second year and $900,000 for FY 06/07. He added the funds were being used efficiently and the program had grown accordingly and the City's program itself had been recognized for continuing efforts to promote job placement in the health field with a placement rate of 89 percent. Mayor Pringle remarked that he was supportive of the program and its efforts and had no hesitation about it but questioned the administrative costs. Elisa Stipkovich interjected a report breaking down administrative and staff expenses would be provided to Council. Mayor Pringle reiterated he was supportive of programs moving people from the welfare roles to jobs and understood that the management of these programs was now part of cities' functions, however, he felt the administrative costs could be more efficient and asked how the referrals which had been between 200-250 became half that amount during implementation. Mr. Aceves indicated that once the participants were referred to the one-stop program, there were very specific guidelines to be met and after assessing the candidates, their abilities may not have met their profiles and the individuals were referred back to the county for additional support. Council Member Hernandez moved to approve Item No. 21, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - O. Motion carried. 25. Authorize the Planning Director to sign the California Department of Transportation Adopt- 0159 a-Highway Program application for the removal of graffiti along all the freeways and highways within the city limits by the City of Anaheim Sheri Vander Dussen, Planning Director, announced Item 25 was to participate in Caltrans Adopt- A-Highway program which allowed the City to remove graffiti from freeways and highways. She explained that a million square feet of graffiti was removed annually, on both private and public properties. She further explained that Caltrans had two employees assigned to the entire County of Orange for graffiti removal and staff had approached them with having the City take over graffiti removal on Caltrans property in Anaheim to which they agreed with certain restrictions; Anaheim employees could not remove graffiti on center medians and not on certain signs due to safety issues. She added Caltrans agreed to provide the paint and City staff would absorb the labor, an action which addressed a large source of complaints from Anaheim residents. Council Member Hernandez complimented staff on taking this creative action in trying to solve problems in the community. Council Member Hernandez moved to approve Item No. 25, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - O. Motion carried. ANAHEIM CITY COUNCIL MEETING MINUTES December 12,2006 - Page 8 30. 3469.1 Approve and authorize the Public Utilities General Manager to execute the first amendment to the agreement with Black & Veatch for consulting services for the Rehabilitation of Walnut Canyon Reservoir project to provide additional services related to community outreach efforts and dam embankment monitoring system improvements at an additional cost of $125,200. Marcie Edwards, Public Utilities General Manager, reported the Walnut Canyon 920 million gallon water reservoir was built in 1968 and it was standard to begin a rehabilitation program on structures of that age. She noted the $1.2 million contract with Black and Veatch required an amendment for additional services for engineering design related to monitoring equipment. Mayor Pringle confirmed the contract was to assess and make an engineering analysis of the reservoir; Ms. Edwards added that in addition to the structural analysis, the contract also included recommendations through the CEQA process of not only the reservoir but of some of the associated areas such as the running trails, fence line, etc. She added one community meeting had been held so far to gain some feedback as to what the community would like to see on this property. Mayor Pringle pointed out this reservoir was not just an asset for water storage but was to be utilized in other ways to magnify its value to the community. He recommended a walking path around the reservoir, benches, and grassy areas to enable the adjacent community to use this site as a recreational facility and become a positive community asset. Ms. Edwards indicated staff had included some preliminary thoughts on the property which had been attached to the staff report and when the project returned in March for CEQA approval, the public space would be addressed. Council Member Hernandez moved to approve this item, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - O. Motion carried. 38. Nominate and appoint one Council Member to serve as Mayor Pro Tem for one year. 0114 APPOINTMENT: Council Member Hernandez Mayor Pringle recommended Council Member Bob Hernandez to the position of Mayor Pro Tem; Council Member Galloway seconded the motion which was unanimously approved. 39. Consider appointments to Regional Boards and Commissions. 8105 Orange County Water District: APPOINTMENT: (currently held by Council Member Chavez - four year term to expire 12/03/2010) Mayor Pringle nominated Lorri Galloway and Council Member Kring nominated lrv Pickler. Vote on Council Member Galloway: Ayes - 2: Mayor Pringle, Council Member Galloway' Noes - 2; Council Members Kring and Hernandez. Abstention - 1: Council Member Sidhu. Vote on Irv Pickler: Ayes - 2: Council Members Kring and Hernandez. Noes - 2: Mayor Pringle and Council Member Galloway. Abstention - 1: Council Member Sidhu. Motions Failed. No appointment made and item continued to January 9, 2006. ANAHEIM CITY COUNCIL MEETING MINUTES December 12, 2006 - Page 9 Transportation Corridor Agency: APPOINTMENT: (currently held by Council Member Galloway) AL TERNA TE: (currently held by Council Member Chavez) Mayor Pringle continued this appointment to January 9, 2006. Orange County Sanitation District: APPOINTMENT: Council Member Sidhu (currently held by Council Member Sidhu) Mayor Pringle nominated Council Member Harry Sidu, who was unanimously reappointed by Council. AL TERNA TE: Council Member Krinq (currently held by Council Member Hernandez) Council Member Kring's name was put forward as the alternate and unanimously appointed. Southern California Association on Governments: APPOINTMENT: Council Member Hernandez (currently held by Council Member Chavez - two year term) Mayor Pringle recommended Council Member Hernandez who was unanimously appointed to the position. Orange County Council on Governments: APPOINTMENT: (currently held by Council Member Hernandez) ALTERNATE: (currently held by Council Member Chavez) This item continued to January 9, 2006 with the consent of Council. Santa Ana River Flood Protection Agency: APPOINTMENT: (currently held by Council Member Chavez - one year term) This item continued to January 9,2006 with the consent of Council. Fire Training Joint Powers Authority: APPOINTMENT: Council Member Galloway (currently held by Council Member Chavez) Council Member Sidhu recommended Council Member Galloway who was unanimously appointed. Growth Management Area 1: ANAHEIM CITY COUNCIL MEETING MINUTES December 12, 2006 - Page 10 APPOINTMENT: (currently held by Council Member Hernandez) AL TERNA TE: (currently held by Council Member Sidhu) Growth Management Area 2: APPOINTMENT: (currently held by Council Member Hernandez) ALTERNATE: (currently held by Council Member Sidhu) Growth Management Area 3: APPOINTMENT: (currently held by Council Member Galloway) ALTERNATE: (currently held by Council Member Chavez) Growth Management Area 4: APPOINTMENT: (currently held by Council Member Galloway) ALTERNATE: (currently held by Council Member Chavez) Growth Management Area appointments continued to January 9, 2006 with the consent of Council. Orange County-City Hazardous Materials (HAZMA T) Emergency Response Authority: APPOINTMENT: (currently held by Council Member Hernandez) HAZMA T appointment continued to January 9, 2006 40. Consider appointing one member to the Budget Advisory Commission, term to expire June 8105 30,2007, and one member of the Senior Citizen Commission, term to expire 30,2008. APPOINTMENT: Budget Advisory Commission (unexpired term of Lee Nguyen) term to expire June 30,2007. APPOINTMENT: Senior Citizen Commission (unexpired term of Ray Brooks) term to expire June 30,2008. Council Member Kring requested continuation of the appointments. Council Member Hernandez recommended the appointments be distributed among the council members for a guaranteed number of appointments to allow input from each of the council members. Mayor Pringle remarked that could be agendized for a future meeting and continued the appointments to January 9th. PUBLIC HEARINGS: ANAHEIM CITY COUNCIL MEETING MINUTES December 12, 2006 - Page 11 41. CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN C350 NO. 140 (READVERTISED) RECLASSIFICATION NO. 2006-00179 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2006-05109 TENTATIVE TRACT MAP NO. 16943 OWNER: La Palma Real Estate, LLC, 160 Newport Center Drive, Suite 240, Newport Beach, CA 92660 AGENT: T & B Planning Consultants, 17542 East 17th Street, Suite 100, Tustin, CA 92780 LOCATION: 3530 - 3540 East La Palma Avenue and 1010 -1040 North Grove Street: Property is approximately 5.2 acres, having frontages of 410 feet on the south side of La Palma Avenue and is located 270 feet east of the centerline of Grove Street. Reclassification No. 2006-00179 - Request reclassification from the SP 94-1, D.A. 4 (Northeast Area Specific Plan 94-1, Transit Core Area) zone to the SP 94-1, D.A. 4 (MU) (Northeast Area Specific Plan 94 1, Transit Core Area; Mixed Use Overlay) zone to construct 312 single family attached condominium units. Conditional Use Permit No. 2006-05109 - Request to construct a 312 unit, single family attached condominium project with 39 live/work units with waivers of (a) improvement of private street, (b) sound attenuation for residential developments, and (c) maximum wall height. Tentative Tract Map No. 16943 - To establish a 312 unit airspace attached single family residential condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: For all items below, Vote: 5-0, Commissioners Buffa and Karaki absent CEQA MITIGATED NEGATIVE DECLARATION - Approved AND MITIGATION MONITORING PLAN NO. 140 (READVERTISED) RECLASSIFICATION NO. 2006-00179 - Granted WAIVER OF CODE REQUIREMENT - Approved waivers A and B; denied waiver C since it has been deleted. CONDITIONAL USE PERMIT NO. 2006-05109 - Granted - modified condition no. 35 TENTATIVE TRACT MAP NO. 16943 - Approved An appeal was filed by Robert Smith. Applicant is requesting a continuance to January 9, 2007. Mayor Pringle requested the applicant speak on the issue of continuance. As the applicant was not present, Ms. Vander Dussen indicated the Planning Commission's approval was appealed by the owner of a nearby business and the applicant asked to continue the matter to gather additional information to address the appeal request. Council Member Kring moved for continuance of the public hearing, which was unanimously continued by Council. Report on Closed Session Actions: None Council Communications: Council Member Hernandez reported on the deaths of former employees James Sutherland, Kathryn Langer, Carl Miller, and Theodora Hibert. ANAHEIM CITY COUNCIL MEETING MINUTES December 12, 2006 - Page 12 Council Member Galloway remarked she had been a member of the 150th anniversary committee and spoke with pride of the work and events planned for 2007 by that committee, indicating she had invited the committee members to come and report to Council on the activities planned for the year. She commented the Committee was seeking volunteers to participate in decorating the Rose Parade Float and any interested individuals could visit the City's website to acknowledge their interest. Council Member Kring asked the City Manager to address the issues of permit parking, indicating she would like to have the moratorium revisited. Mayor Pringle indicated there had been a workshop this fall which addressed the permit parking concern and asked the City Manager to provide an update on permit parking to Council Member Kring and any other concerned citizens. Council Member Sidhu announced specifics of the Health Fair coming to Anaheim on February 11 th and wished all happy holidays. Mayor Pringle reported he had traveled with the Public Utilities General Manager at the City's expense to make presentations to each of the rating agencies in New York regarding some refinancing and possibly additional debt to insure a number of projects go forward in the City. He remarked the City's public utility was recognized nationwide for providing great service as rates continued to remain lower than all other rates in southern California. He added that Council had met in closed session to interview candidates for the position of City Treasure and City Clerk and that job offers would be extended in the near future. In addition, on January 9th, presentations would be made to Council in closed session on development proposals for the 53 acres on the northside of the Stadium and that Council might seeks to have direct communication with some of the developers after that meeting. Adjournment: At 7:40 P.M., Mayor Pringle adjourned the meeting, thanking staff for their had work, the community for their continued commitment to improving Anaheim and wished all happy holidays.