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RA1990/01/23149 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY January 23, 1990, 5:30 P.M. PRESENT: AGENCY MEMBERS: Daly, Ehrle, Kaywood, Pickler, Hunter ABSENT: AGENCY MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White SECRETARY: Leonora N. Sohl DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich A complete copy of the agenda for the meeting of the Anaheim Redevelopment Agency was posted at 4:10 p. m. on January 19, 1990 at the Civic Center kiosk, containing all items as shown herein. Chairman Hunter called the regular meeting of the Anaheim Redevelopment Agency to order at 6:00 p.m. MINUTES: Agency Member Kaywood moved to approve the minutes of the regular meeting held December 12, 1989. Agency Member Daly seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE ANAHEIM REDEVELOPMENT AGENCY in the amount of $545,540.15 for the week ending January 19, 1990, in accordance with the 1989 -90 budget, were approved. 1. 161.123. NEGOTIATION WITH NORTH ORANGE COUNTY COMMUNITY COL DISTRICT ( NOCCC): Submitted was report dated January 12, 1990, from the Community Development Department recommending approval of the proposed Negotiation Agreement between the Anaheim Redevelopment Agency and the North Orange County Community College District. Agency Member Bill Ehrle. After considerable thought about the subject, he would like to make some comments. He works with the Advancement Fund which is affiliated with the NOCCC District. Because of that, he does not feel that it would be in the best interest of the City, the College District or the project in particular to have any impropriety or even the appearance of a conflict in this case. It is an important issue. Therefore, he is removing himself from any discussion or decision on the matter. Lisa Stipkovich, Director of Community Development, clarified for the Mayor that the proposed Agreement establishes a negotiation period not to exceed 180 days. It formalizes the negotiation period and terms and conditions and outlines the role of each party. Agency Member Kaywood. She asked if they will be discussing any specifics at this time. She has concerns relative to parking since thousands of people are involved. Lisa Stipkovich. They would be addressing those issues during the negotiating time period. The Agreement calls for the College District to prepare certain information and analysis so that the Agency Staff can review the impacts it would have on the area. They are asking the District to define specific square footage and land use as well as the amount of area they feel they need 90 -12 150 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY January 23, 1990, 5:30 P.M. for the project. The District would like some type of formal arrangement in order for them to continue to expend money to investigate the project. Representatives from the District are present if there are any other questions. Agency Member Kaywood. If the specifics are to be discussed at a later date, she does not see a need at this time but would like to have it clearly defined what the benefit would be to the City and the downtown area. Lisa Stipkovich. They will be making further recommendations at the end of the negotiation period. MOTION: Councilman Pickler moved to approve a Negotiation Agreement with the North Orange County Community College District proposing the development of Anaheim Center for Higher Education, establishing a negotiation period not to exceed 180 days. Agency Member Hunter seconded the motion. Agency Member Ehrle abstained. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. RECESS: Agency Member Hunter moved to recess the Redevelopment Agency to 6:00 p.m. for a joint public hearing with the City Council and the Community Redevelopment Commission to consider certification of Environmental Impact Report No. 289 for the proposed Marketfaire at Anaheim Project, approving the proposed first amendment to the Redevelopment Plan for the River Valley Redevelopment Project and approving a Participation Agreement with Marketfaire Partners /The Koll Company ( Marketfair). Agency Member Pickler seconded the 001N motion. MOTION CARRIED. (6:05 p.m.) AFTER RECESS: Chairman /Mayor Hunter reconvened the Anaheim Redevelopment Agency (7:51 p.m.) for a joint public hearing with the City Council and the Community Redevelopment Commission. PRESENT: COMMUNITY REDEVELOPMENT COMMISSIONERS: Chairman Paul McMillan, Robert Anthony, Robert Doty, Doug Renner, Fernando Olivares, Steve Bristol. ABSENT: COMMISSIONER: Donna Berry Paul McMillan, Chairman of the Community Redevelopment Commission reconvened the Commission meeting of January 17, 1990, which was adjourned to this date and time, Commissioner Berry absent. (7:51 p.m.) 161.155. JOINT PUBLIC HEARING BETWEEN CITY COUNCIL /REDEVELOPMENT AGENCY /AND COMMUNITY REDEVELOPMENT COMMISSION TO CONSIDER THE PROPOSED FIRST AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT PROJECT: Submitted was report dated January 16, 1990, from the Community Development Department recommending approval of the proposed First Amendment to the Redevelopment Plan for the River Valley Development Project and approval of the necessary actions relating thereto. City Attorney White. For those who wish to speak, any testimony, evidence, comments or the Staff responses to comments that were entered into the hearing on item D2 on the Council 90 -13 147 Anaheim Civic Center ANAHEIM REDEVELOPMENT AGENCY January 23, 1990, 5:30 P.M. agenda of today, January 23, 1990, (public hearing on Environmental Impact Report No. 289, General Plan Amendment No. 271, Reclassification No. 89- 90 -22, Waiver of Code requirement, Conditional Use Permit No. 3206, Development Agreement No. 83 -02, Amended and Restated and Development Agreement No. 89 -02) will be deemed incorporated in the subject public hearing. It is not necessary for anyone to make comments that they would otherwise need to repeat in this hearing. Those will be part of the administrative record of this particular hearing. Anyone who has new or additional information that they wish to put in the record may do so at the appropriate time. Lisa Stipkovich, Director of Community Development. The reason they are going forward with this amendment even though the General Plan Amendment (GPA) under D2 was not approved today, but continued, is because this plan amendment relates to an alternative land use. The plan considers an alternative land use on the site as indicated by the posted map which is currently industrial land use both in the General Plan and the Redevelopment Plan. They are asking that an alternative of commercial use be permitted. It is not specific to any project and does not reflect any approval of the Marketfaire Project under the public hearing previously held and continued. It simply allows for the plan to be amended when and if the General Plan is amended to commercial. The law requires that both the Redevelopment Plan and the General Plan be consistent. Mrs. Stipkovich then outlined the actions to be taken by each entity relating to certification of the Environmental Impact Report and making findings regarding the environmental impacts of the proposed Marketfaire Project including a Statement of Overriding Considerations and a Mitigation Monitoring Program and approving adoption of the First Amendment to the Redevelopment Plan for the River Valley Redevelopment Project. Relative to the Owner Participation Agreement, that Agreement has been withdrawn by Staff and no action is required at this time. Chairman /Mayor Hunter opened the public hearing. Robert Koch, 8124 Woodsboro. They feel that many of the mitigating measures that have been outlined have not entirely addressed the problems that will develop in the area even in a general way. Most important is the modification of Weir Canyon. Those changes in the traffic flow will not be sufficient for any general changes in the area whether industrial or not. They would like to see CC&Rs placed on the land use that would specifically be relevant to the statements made by the residents under the previous public hearing on Environmental Impact Report No. 289, General Plan Amendment No. 271 and related actions. 90 -14 om Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY January 23, 1990, 5:30 P.M. COUNCILfAGENCY ACTION: Chairman /Mayor Hunter closed the public hearing. Before taking action, Commission Chairman McMillan asked if there were any comments relative to the proposed actions by Commission Members. Commissioner Renner offered Resoluton No. CRC90 -1 for adoption, approving and recommending to the City Council the approval and certification of Environmental Impact Report No. 289 for the proposed Marketfaire at Anaheim project and making findings regarding the environmental impacts of the proposed Marketfaire project including a Statement of Overriding considerations and a Mitigation Monitoring Program. Refer to Resolution Book. RESOLUTION NO. CRC90 -1: A RESOLUTION OF THE ANAHEIM COMMUNITY REDEVELOPMENT COMMISSION APPROVING AND RECOMMENDING TO THE CITY COUNCIL THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 289 FOR THE PROPOSED MARKETFAIRE AT.ANAHEIM PROJECT AND MAKING FINDINGS REGARDING THE ENVIRONMENTAL IMPACTS OF THE PROPOSED MARKETFAIRE PROJECT INCLUDING A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING PROGRAM. Roll Call Vote: AYES: COMMISSIONERS: Renner, Bristol, Doty, Anthony, Olivares, McMillan. NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Berry The Chairman declared Resolution No. CRC90 -1 duly passed and adopted. Agency Member Hunter offered Resolution No. ARA90 -4 for adoption, approving and recommending to the City Council the certification of Environmental Impact Report No. 289 for the proposed Marketfaire at Anaheim project and making findings regarding the environmental impacts of the proposed Marketfaire project including a Statement of Overriding Considerations and a Mitigation Monitoring Program. Refer to Resolution Book. RESOLUTION NO. ARA90 -4: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING AND RECOMMENDING TO THE CITY COUNCIL THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 289 FOR THE PROPOSED MARKETFAIRE AT ANAHEIM PROJECT AND MAKING FINDINGS REGARDING THE ENVIRONMENTAL IMPACTS OF THE PROPOSED MARKETFAIRE PROJECT INCLUDING A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING PROGRAM. Roll Call Vote: AYES: AGENCY MEMBERS: Daly, Ehrle, Kaywood, Pickler, Hunter NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None The Chairman declared Resolution No. ARA90 -4 duly passed and adopted. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R -36) 90 -15 145 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY January 23, 1990, 5:30 P.M. Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 90R -36 for adoption, certifying Environmental Impact Report No. 289 for the proposed Marketfaire at Anaheim project and making findings regarding the environmental impacts of the proposed Marketfaire project including a Statement of Overriding Considerations and a Mitigation Monitoring Program. Refer to Resolution Book. RESOLUTION NO. 90R -36: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 289 FOR THE PROPOSED MARKETFAIRE AT ANAHEIM PROJECT AND MAKING FINDINGS REGARDING THE ENVIRONMENTAL IMPACTS OF THE PROPOSED MARKETFAIRE PROJECT INCLUDING A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING PROGRAM. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler, Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 90R -36 duly passed and adopted. Commissioner Renner offered Resolution No. CRC90 -2 for adoption, approving and submitting to the City Council of the City of Anaheim the report to the City -- Council on the proposed first Amendment to the Redevelopment Plan for the River Valley Redevelopment Project; and recommending adoption of said first amendment. Refer to Resolution Book. RESOLUTION NO. CRC90 -2: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT COMMISSION APPROVING AND SUBMITTING TO THE CITY COUNCIL OF THE CITY OF ANAHEIM THE REPORT TO CITY COUNCIL ON THE PROPOSED FIRST AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT PROJECT; AND RECOMMENDING ADOPTION OF SAID FIRST AMENDMENT. Roll Call Vote: AYES: COMMISSIONERS: Renner, Bristol, Doty, Anthony, Olivares, McMillan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Berry The Chairman declared Resolution No. CRC90 -2 duly passed and adopted. Agency Member Hunter offered Resolution No. ARA90 -5 for adoption, approving and submitting to the City Council of the City of Anaheim the report to the City Council on the proposed First Amendment to the Redevelopment Plan for the River Valley Redevelopment Project; and recommending adoption of said first amendment. Refer to Resolution Book. RESOLUTION NO, ARA90 -5: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING AND SUBMITTING TO THE CITY COUNCIL OF THE CITY OF ANAHEIM THE REPORT 90 -16 146 Anaheim Civic Center ANAHEIM REDEVELOPMENT AGENCY January 23, 1990, 5:30 P.M. TO CITY COUNCIL ON THE PROPOSED FIRST AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT PROJECT; AND RECOMMENDING ADOPTION OF SAID FIRST AMENDMENT. Roll Call Vote: AYES: AGENCY MEMBERS: Daly, Ehrle, Kaywood, Pickler, Hunter NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None The Chairman declared Resolution No. ARA90 -5 duly passed and adopted. Councilman Hunter offered Ordinance No. 5091 for adoption, approving and adopting the First Amendment to the Redevelopment Plan for the River Valley Development Project. Refer to Ordinance Book. ORDINANCE NO. 5091: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING THE FIRST AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT PROJECT. As stated by Mrs. Stipkovich, the Owner Participation Agreement with Marketfaire Partners /The Koll Company ( Marketfaire) was withdrawn by Staff at this time. Celeste Stahl Brady, Agency Special Counsel, clarified for Agency Member Kaywood that the actions today are not approving a specific project but certifying the Environmental Impact Report. It addresses development of a commercial nature but not a specific project. ADJOURNMENT - REDEVELOPMENT AGENCY: Agency Member Hunter moved to adjourn. Agency Member Pickler seconded the motion. MOTION CARRIED. (8:06 p.m.) ADJOURNMENT - COMMUNITY REDEVELOPMENT COMMISSION: Commissioner McMillan moved to adjourn. Commissioner Renner seconded the motion. Commissioner Berry was absent. MOTION CARRIED. (8:06 p.m.) LEONORA N. SOHL, SECRETARY 90 -17