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2002/10/01ANAHEIM, CALIFORNIA- CITY COUNCIL MEETING OCTOBER 1, 2002 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Pro Tem Frank Feldhaus, Council Members: Lucille Kring, Tom Tait and Shirley McCracken. ABSENT: Mayor Tom Daly STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, Assistant City Clerk Cynthia DanieI-Garcia, Executive Director of Community Development Elisa Stipkovich. A copy of the agenda for the meeting of the Anaheim City Council was posted on September 27, 2002 at the City Hall inside and outside bulletin boards. Mayor Pro Tem Frank Feldhaus called the regular meeting to order at 3:35 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: Status of library and residential proposal relating to the Downtown Project was presented by Elisa Stipkovich, Director of Community Development, architect firm of Hardy Holzmam Pfeiffer Associates and the ClM Group. Steven Johnson from the architect firm of Hardy Holzman Pfeiffer Associates presented the concept design and budget of the downtown library block. This presentation is available in the City Clerk's Office. Elisa Stipkovich reviewed the budget contained in the presentation handout. She introduced the CIM Group, developers of the Downtown Anaheim Development Strategy. John Gibbons of CIM Group introduced his team members. The conceptual masterplan was presented, which is available in the City Clerk's Office. Responding to Council Member Kring's question regarding parking, Ms. Stipkovich said they were looking at a couple of shared parking models and they were looking at the parking capacity of the entire area. Regarding the size and number of housing units, Ms. Stipkovich said that had not been determined, what was being presented at this meeting was a concept plan based on a rough estimate of what would fit on the site. Once specifics were determined, final numbers would be given to Council, she noted. Council Member Feldhaus asked how much residential was being developed and CIM responded that on the five parcels, there were a total of 472 units proposed. He asked how much of the plaza in front of Disney Ice was under Disney control. Ms. Stipkovich answered that the Redevelopment Agency had the right to build 2,000 square feet of commercial use on the plaza. ADDITIONS/DELETIONS TO CLOSED SESSION: ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 2 City Attorney White indicated that an item was determined to need immediate action and that the need came to the attention of the City subsequent to the posting of the agenda. He said it was pertaining to conference with legal counsel on existing litigation pursuant to subdivision (a) of Section 54956.9 of the Government Code, name of the case was the Lincoln Club of Orange County et al vs. City of Anaheim et al United States District Court Case No. SACV 02-874 CLT (MLGx). Mayor Pro Tem Feldhaus moved to add the item to the Closed Session portion of this dates agenda, noting that the item needed immediate action and that the need came to the attention of the City subsequent to the posting of the agenda. Motion seconded by Council Member Kring. Motion carried unanimously, Mayor Daly absent. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Pro Tem Feldhaus moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried unanimously, Mayor Daly absent. The Council recessed to Closed Session at 4:15 P.M. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et al., Orange County Superior Court Case No. 76-32-58. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: In re: Ogden New York Services, Inc. et al., U.S. Bankruptcy Court No. 02-40846-cb (SDNY). 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 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 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956,8 of the Government Code) Property: Dad Miller Golf Course, 350 N. Gilbert Street, Anaheim, California Agency negotiators: Dave Morgan, Chris Jarvi Negotiating parties: County of Orange, Tiger Woods Foundation and the City of Anaheim Under negotiation: Price and terms of lease CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: The Lincoln Club of Orange County, et al. v. City of Anaheim, et al., United States District Court Case No. SACV 02-874 CLT (MLGx). AFTER RECESS: ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 3 119 Mayor Pro Tem Feldhaus called the regular Council meeting of October 1,2002 to order at 5:07 P.M. and welcomed those in attendance. INVOCATION: Reverend David Koll, Anaheim Christian Reformed Church FLAG SALUTE: Council Member Shirley McCracken PROCLAMATIONS AND DECLARATIONS: Proclaiming October 6-12, 2002, as Fire Prevention Week, which was accepted by Acting Fire Chief Roger Smith, and recognizing the 2002 Flag Day Essay Contest Winners from Anaheim City School District, Anaheim Union High School District, Magnolia Elementary School District and Zion Lutheran School. Recognitions to be presented at a later date were a proclamation recognizing October 2002 as Inland Empire Race for the Cure Month and recognizing the 49th Girl Scout National Convention. At 5:22 P.M., Mayor Pro Tem Feldhaus recessed the City Council meeting until after the Redevelopment Agency meeting. Mayor Pro Tem Feldhaus reconvened the City Council meeting at 5:31 P.M. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade recited a story about a young Spanish boy. Don Meyers appeal to the City regarding the Lincoln Avenue Beautification Project and how it has affected his business. He noted that staff had met with him regarding widening his driveway but his concern was the removal of the left turn lane. City Manager Morgan recommended that the Council Members be provided a briefing to understand what work had been done and what the options would be. He indicated that staff had met with Mr. Meyers and that staff felt they had done everything possible to accommodate Mr. Meyers and still maintain the integrity of the project. MOTION: Council Member McCracken moved to waive reading in full of all ordinances and resolutions, seconded by Council Member Kring. Motion carried unanimously, Mayor Daly absent. City Manager Morgan recommended that Item A9 be continued for two weeks and he stated he wished to pull Item A7 for comments. Council Member Kring moved to continue Item A9 for two weeks, seconded by Council Member McCracken. Motion carried unanimously, Mayor Daly absent. ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 4 City Manager Morgan noted that Item A7 was the City Manager's recommendation for the appointment of Roger Smith as the City's next Fire Chief. He commended on the nation wide recruitment and Roger Smith, a 24-year veteran of the City's Fire Department, was the most outstanding candidate. Council Member McCracken moved to approve the appointment of Roger Smith to the position of Fire Chief, at an annual salary of $145,405.26, seconded by Council Member Kring. Roll Call vote: Ayes - 4, Council Members Feldhaus, Kring, McCracken, Tait. Nays - 0. Absent - 1, Mayor Daly. Motion carried. City Clerk Schroeder administered the oath of office to Fire Chief Roger Smith. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 -A12: On motion by Council Member McCracken, seconded by Council Member Kring, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Item A7 was acted upon separately. Council Member Tait voted no on Item A8 and Item A9 was continued to October 15, 2002. Council Member McCracken offered Ordinance No. 5829 for adoption. Roll Call vote: Ayes - 4, Council Members Feldhaus, Kring, McCracken, Tait. Nays - 0. Absent - 1, Mayor Daly. Motion carried. 118 Al. Reject certain claims filed against the City. 156 105 160 123 123 A2. Receive and file the Crime and Analysis Report for August 2002 and minutes of the Redevelopment and Housing Commission meeting held August 7, 2002. A3. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Flir Systems, Inc., in the amount of $224,485.27 (including tax), for one Model #7500 forward-looking infrared camera with standard cable kit and mounting collar for the Police Department, Helicopter Detail. A4. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to UTC Fuel Cells, LLC, in the amount of $1,175,650 (excluding tax), for the design and purchase of a 200 kW fuel cell generator power system and authorize the Public Utilities General Manager to execute the agreement. A5. Approve and authorize the Public Utilities General Manager to execute an agreement with EMA, Inc., in an amount not to exceed $99,200, to provide consulting services in connection with the water system vulnerability assessment. 114 A6. Provide $5,000 to support the Anaheim Sister Cities Association for fiscal year 2002/03. 116 A7. 123 A8. Approve the appointment of Roger Smith to the position of Fire Chief, at an annual salary of $145,405.26 Approve the agreement with HOK Sport, Inc., in the amount of $352,700, for the design of the Anaheim Convention Center Arena Renovation (Continued from the Council meeting of September 24, 2002, Item A6). 123 142 142 ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 5 Council Member Tait moved to deny Item A8, stating that the contract was being awarded without competitive bidding or RFP process. He said HOK had performed work at the Convention Center before and there had been issues with their performance. Gary Johnson, Public Works Director, commented that this was a circumstance dictated by a very aggressive schedule and a window of opportunity in which the work could be accomplished without disruption to tenants of the Arena. He said if the contract was not approved, the work could not be done next year and staff would lose about a year in the schedule. Greg Smith, Executive Director Convention, Sports and Entertainment Department, said the time frame for the renovation of the Arena was from mid April of 2003 through mid August of 2003 and it was difficult for staff to be able to identify that long of a period of time that work could be done uninterrupted in a facility. He said working backwards from the start date of April 2003, required that the architectural service could not be competitively bid. He added that HOK Sport out of Kansas City was the same firm that designed the Arrowhead Pond and, in Mr. Smith's opinion, designed the best arenas in the country. Council Member Kring clarified that this was the same company that the City had some problems with prior, but a different division. Mr. Smith confirmed that, saying that the Santa Monica office of HOK designed the Convention Center expansion, the proposed contract with HOK was with the stadium and arena office, a totally different division of HOK. Mr. Smith noted the work would be bid out; this contact was solely for the design of the heating and air conditioning system. Council Member Tait's motion died for a lack of second. He indicated that he would cast a no vote on Item A8. A9. Approve the agreement with Electronic Data Systems for the support and maintenance of the City's information services, authorize the Finance Director to execute all service enhancement requests and amend the Finance Department's budget by increasing expenditure and revenue appropriations by $582,938 (Continued from the Council meeting of September 10, 2002, Item A14 and September 24, 2002, Item A12). Al0. ORDINANCE NO. 5830 (INTRODUCTION) AN ORDINANCE OF THE CiTY OF ANAHEIM adding new Section 1.12.017 to Chapter 1.12 of Title 1 of the Anaheim Municipal Code relating to procedural matters. All. ORDINANCE NO. 5831 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding, repealing, deleting and amending various chapters, sections and subsections of Title 7 of the Anaheim Municipal Code relating to morals and conduct. ORDINANCE NO. 5832 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding, repealing, deleting and amending various chapters, sections and subsections of Title 8 of the Anaheim Municipal Code relating to animals. ORDINANCE NO. 5833 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding, repealing Title 9 of the Anaheim Municipal Code relating to electrical devices causing radio interference. 142 ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 6 A12. ORDINANCE NO. 5829 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 1.12.070 of Title I of the Anaheim Municipal Code regulating the disposition of unclaimed or abandoned property in the possession of the Anaheim Police Department (Introduced at the Council meeting of September 24, 2002, Item A17). END OF CONSENT CALENDAR 5:00 P.M. JOINT PUBLIC HEARING: A13. Consider the Disposition and Development Agreement with the Redevelopment Agency and Zelman Retail Partners, Inc., indicating the terms and conditions of the disposition and development of the site located at 2951-2961 West Lincoln Avenue and 200-328 North Beach Boulevard (West Anaheim Commercial Corridors). This item has been readvertised for a joint public hearing scheduled for October 15, 2002. 179 179 Items B1 throuqh B8 From Planninq Commission Meeting of September 9, 2002: (No action by City Council required unless expressly indicated. Council may consider and act upon such matters at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the request of any two Council members.) APPEAL PERIOD ENDS OCTOBER 1, 2002: B1. CONDITIONAL USE PERMIT NO. 2001-04447 NEGATIVE DECLARATION: OWNER: William Taorimina, 128 West Sycamore Street Anaheim, CA 92805 AGENT: Dick Boranian, 128 West Sycamore Street Anaheim, CA 92805 LOCATION: 201 East Center Street. Property is approximately 0.09-acre located at the northeast corner of Center Street and Claudina Street (Kraemer Building). Request to modify previously approved exhibits and conditions of approval for a mixed- use historical building with residential units and accessory office and retail uses. ACTION TAKEN BY THE PLANNING COMMISSION: Approved modifications to Conditional Use Permit No. 2001-04447 (PC2002-128) (6 yes votes, Commissioner Koos absent). Negative Declaration previously approved, B2. CONDITIONAL USE PERMIT NO. 2002-04584 CATEGORICALLY EXEMPT- CLASS 1: OWNER: Joseph T. Kung, 20866 East Quail Run Drive Diamond Bar, CA 91789 AGENT: Ron Lee, 1105 West Orangethorpe Avenue Fullerton, CA 92833 LOCATION: 5557 East Santa Ana Canyon Road, Suite 101. Property is approximately 5.0 acres located at the northwest corner of Santa Aha Canyon Road and Imperial Highway. Request to permit a computer rental and internet amusement (arcade) business. ACTION TAKEN BY THE PLANNING COMMISSION: 179 179 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 7 Conditional Use Permit No. 2002-04584 granted for one year (PC2002-129) (6 yes votes, Commissioner Koos absent). Set for public hearing by Council Members Kring and McCracken to be held on November 19, 2002. B3. CONDITIONAL USE PERMIT NO. 2002-04579 CATEGORICALLY EXEMPT - CLASS 3: OWNER: Thomas Pang, 733 South Euclid Street Anaheim, CA 92802 AGENT: John Swint, 707 West North Street, Anaheim, CA 92805 LOCATION: 733 South Euclid Street. Property is approximately 0.22-acre located on a private street with access from Euclid Street located 220 feet north of the centerline of Crone Avenue. Request to permit and retain a partially constructed granny unit in conjunction with an existing single-family residence. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04579 denied (PC2002-130) (6 yes votes, Commission Koos absent). B4. VARIANCE NO. 2002-04521 AND CATEGORICALLY EXEMPT - CLASS 3: OWNER: Omar M. Houry, 517 South Gilbert Street Anaheim, CA 92804 LOCATION: 517 South Gilbert Street. Property is approximately 0.26-acre having a frontage of 113 feet on the west side of Gilbert Street located 140 feet north of the centerline of Orange Avenue. Request waiver of maximum fence height in front yard setback to retain and permit existing unpermitted 5.5-foot high pilasters and permit the construction of new wrought iron panels in between the pilasters. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2002-04521 denied (PC2002-132) (6 yes votes, Commissioner Koos absent). BS. CONDITIONAL USE PERMIT NO. 3816 AND NEGATIVE DECLARATION: OWNER: The Rock Church, 101 East Orangethorpe Avenue Anaheim, CA 92801 AGENT: Phillip Poland, 317 Nieto Avenue, Long Beach, CA 90814 LOCATION: 101 East Oran.qethorpe Avenue. Property is approximately 2.5 acres having a frontage of feet on the north side of Orangethorpe Avenue located 510 feet east of the centerline of Lemon Street (The Rock Church). Request to amend exhibits on file for a previously approved church within an existing industrial building. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to exhibits of Conditional Use Permit No. 3816 (PC2002-133) (5 yes votes, Commissioner Bostwick abstained and Commissioner Koos absent). Negative Declaration previously approved. B6. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04591 CATEGORICALLY EXEMPT - CLASS 1: ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 8 OWNER: CBSC, 150 West Vermont Avenue, Anaheim, CA 92805 AGENT: Pacific Design Directions, Attn: Susan Stoneburner 8171 East Kaiser Boulevard, Anaheim, CA 92805 LOCATION: 150 West Vermont Avenue. Property is approximately 1.5 acres located at the southeast corner of Vermont Avenue and Lemon Street. Request to permit a church in conjunction with a permitted training facility within an existing office building with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved (6 yes votes, Commissioner Koos absent). Conditional Use Permit No. 2002-04591 granted for one year (PC2002-134). 179 B7. FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WEST ANAHEIM COMMERCIAL CORRIDORS REDEVELOPMENT PROJECT AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 119 GENERAL PLAN AMENDMENT NO. 2002-00405 RECLASSIFICATION NO. 2002-00081 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04603 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00008 REQUEST FOR CITY COUNCIL REVIEW: OWNER: Lincoln Beach Associates, L. P., 14011 Ventura Boulevard, # 404, Sherman Oaks, CA 91423 Richard Bracamonte, 141 NoAh Richmont Drive, Anaheim, CA 92801 Metropolitan Life Insurance Company, 9950 Maryland Drive, # 405 Richmond, VA 23233 Boas Family Partnership, 1800 Avenue of the Stars Los Angeles, CA 90067 Loan Pham, 420 Colfax Circle, Corona, CA 92879 Huei Yu Chung and Hui Lin, 873 East Cameron Court, Brea, CA 92821 AGENT: Anaheim Redevelopment, Attn: Elisa Stipkovich 201 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 200-328 North Beach Boulevard and 2951-296'1 West Lincoln Avenue. The site consists of multiple propedies with a combined area of approximately 30 acres and is located north and east of the northeast corner of Beach Boulevard and Lincoln Avenue, having a frontage of 1150 feet on the east side of Beach Boulevard and a frontage of 490 feet on the north side of Lincoln Avenue. ENVIRONMENTAL IMPACT REPORT - The foregoing activities are within the scope of the program approved earlier in connection with the EIR, and the EIR adequately describes the activity for the purposes of the California Environmental Quality Act. GENERAL PLAN AMENDMENT NO. 2002-00405 - Request to amend the Land Use Element of the General Plan from the Medium Density Residential land use designation to the General Commercial land use designation. RECLASSIFICATION NO, 2002-00081 - Request reclassification of the properties from the RM-1200 and RM-1000 (Residential, Multiple-Family) zones to the CL (Commercial, Limited) zone. CONDITIONAL USE PERMIT NO. 2002-04603 - Request to construct a commercial retail center of regional significance, including a home improvement store with an outdoor garden center, other retail shops, two drive-through fast food restaurants, three full-service restaurants with sales of alcoholic beverages for on-premises consumption, an amusement device arcade, a multi-tenant food court with outdoor seating and beer and wine sales for on-premises consumption, a self storage facility using storage 179 ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 9 containers, and an outdoor storage area for recreational vehicles, and boats, with waivers of minimum number of parking spaces and maximum fence height. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO, 2002-00008 - Request to permit the sale of alcoholic beverages for off-premises consumption within a proposed grocery store. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Final Environmental Impact Report for the West Anaheim Commercial Corridors Redevelopment Project and Addendum and Mitigation Monitoring Plan (PC2002-135) (7 yes votes). Recommended adoption of Exhibit "A" of General Plan Amendment No. 2002-00405 (PC2002-136). Reclassification No. 2002-00081 granted (PC2002-137). Waiver of Code Requirement approved. Conditional Use Permit No. 2002-04603 granted (PC2002-138). Determination of Public Convenience or Necessity No. 2002-00008 approved (2002- 139). Recommended City Council review. REPORTS AND RECOMMENDATIONS: B8. VARIANCE NO. 2853 - REQUEST FOR DETERMINATION OF SUBSTANTIAL 179 CONFORMANCE AND NEGATIVE DECLARATION: Alexander Hsu, 945 Summitridge Drive, Diamond Bar, CA 91765 and Nicole Nguyen, P. O. Box 12499, Westminster, CA 92685, request a determination of substantial conformance to modify previously- approved exhibits to construct two, two-story family dwellings. Property is located at 805 and 807 South Western Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2853 determined to be in substantial conformance (6 yes votes, Commissioner Koos absent). Item B9 From Planninq Commission MeetinR of September 23, 2002: (No action by City Council required unless expressly indicated. Council may consider and act upon such matters at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the request of any two Council members.) APPEAL PERIOD ENDS OCTOBER 3, 2002: Bg. ENVIRONMENTAL IMPACT REPORT NO. 280 FINAL SITE PLAN REVIEW NO. 2002-00008 OWNER: SF Pacific Properties Inc., 201 Mission Street San Francisco, CA 94105 AGENT: Derevere and Associates, Attn: Peter Morris 1601 Dove Street, Suite 190, Newport Beach, CA 92660 LOCATION: '107'1 North Pacificenter Drive (a private street). Property is approximately 25.7 acres located at the southwest corner of La Palma Avenue and Tustin Avenue. Request review and approval of a final site plan for a previously approved office building within the Pacificenter Specific Plan (SP88-3) zone. ACTION TAKEN BY THE PLANNING COMMISSION: Previously certified Environmental Impact Report No. 280 approved (6 yes votes, Commissioner Boydstun absent). Final Site Plan Review No. 2002-00008 approved. 107 134 ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 10 6:00 P.M. PUBLIC HEARINGS: C1. ORDINANCE NO. 5821 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM repealing existing Chapter 15.02 and adding new Chapter 15.02 to title 15 of the Anaheim Municipal Code adopting by reference with amendments the 2001 edition of the California Building Standards Code, known as California Code of Regulations, Title 24, incorporating the 1997 edition of the Uniform Building Code, the 2000 edition of the Uniform Mechanical Code, the 2000 edition of the Uniform Plumbing Code, and the 1999 edition of the National Electrical Code,; adopting by reference the 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings, adopting by reference with amendments the 1997 editions of the Uniform Solar Energy Code, the Uniform Swimming Pool, Spa, and Hot Tub Code; and the 1997 edition of the Uniform Housing Code, as incorporated into Title 25, California Code of Regulations (Introduced at the Council meeting of August 27, 2002, Item A11 and continued from the Council meeting of September 24, 2002, Item C1). RESOLUTION NO. 2002R-211 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM setting forth local conditions justifying amendments to the 2001 Edition of the California Building Standards Code, Title 24, California Code of Regulations, incorporating the 1997 Edition of the National Electrical Code and justifying amendments to the 1997 Edition of the uniform swimming pool, spa and hot tub (Uniform Codes) (Continued from the Council meeting of September 24, 2002, Item C1 ). ORDINANCE NO. 5822 .(ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM repealing existing Chapter 16.08 and adding new Chapter 16.08 of the Anaheim Municipal Code adopting by reference with amendments the 2001 California Fire Code, incorporating by reference the 2000 edition of the Uniform Fire Code, with California amendments, as codified within the California Building Standards Code, Part 9, Title 24 of the California Code of Regulations (Introduced at the Council meeting of August 27, 2002, Item A11 and continued from the Council meeting of September 24, 2002, Item C1)). RESOLUTION NO. 2002R-212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM setting forth local conditions justifying amendments to the 2001 Edition of the California Fire Code, incorporating by reference the 2000 Uniform Fire Code with California Amendments, as codified in the Building Standards Code, Part 9, Title 24, of the California Code of Regulations (Continued from the Council meeting of September 24, 2002, Item C1). This was a continued public hearing for adoption of Codes. No further testimony, Council Member Tait moved to adopt the Ordinances and Resolutions. Roll Call vote: Ayes - 4, Council Members Feldhaus, Kring, McCracken, Tait. Nays - 0. Absent - 1, Mayor Daly. Motion carried. C2. GENERAL PLAN AMENDMENT NO. 2001-00386 AND NEGATIVE DECLARATION: AGENT: City of Anaheim, Community Development Department, Attn: Bertha Chavoya, 201 South Anaheim Boulevard, Anaheim, CA 92805 City-initiated request to revise the 2001 Housing Element (approved by the City Council on May 8, 2001 ) to incorporate additional information requested by the California Department of Housing and Community Development. 179 ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 11 ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of revised Element of General Plan Amendment No. 2001- 00386 (PC2002-131) (6 yes votes, Commissioner Koos absent). Negative Declaration approved. Mayor Pro Tem Feldhaus indicated that the item was being readvertised for a public hearing scheduled on October 22, 2002 and no action was required. C3. GENERAL PLAN AMENDMENT NO. 2002-00404 RECLASSIFICATION NO. 2002-00077 VARIANCE NO. 2002-04512 TENTATIVE TRACT MAP NO. 16359 REQUEST FOR CITY COUNCIL REVIEW OF ITEMS 2a.,2c., 2d, AND 2e. AND NEGATIVE DECLARATION: OWNER: North Orange County ROP, 2360 West La Palma Avenue Anaheim, CA 92803 AGENT: Western Pacific Housing, Attn: Pablo Leon 16940 Von Karman Avenue, # 200 Irvine, CA 92606 LOCATION: 950 North Gilbert Street and 2360 West La Palma Avenue. Property is approximately 8.7 acres located at the southeast corner of Gilbert Street and La Palma Avenue (ROP Site).* *Advertised to include 1021 North Moraga Street for a total of 9.2 acre site. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of Exhibit "A" of General Plan Amendment No. 2002-00404 (PC2002-122) (6 yes votes, Commissioner Romero absent). Reclassification No. 2002-00077 approved (PC2002-123). Variance No. 2002-04512 approved, in part, denying waiver (b) and approving waivers (a), (c), (d), (e), and (f) (PC2002-124). Tentative Tract Map No. 16359 approved. Recommended City Council Review of Items 2a., 2c., 2d. and 2e. Negative Declaration approved. (Public hearing scheduled due to the General Plan Amendment). GENERAL PLAN AMENDMENT NO. 2002-00404- Request to amend the Land Use Element of the General Plan from the Low Density Residential land use designation to the Low-Medium Density Residential land use designation. RECLASSIFICATION NO. 2002-00077 - Request reclassification of the subject properties from the RS-A-43,000 (Residential/Agricultural)* zone to the RS-5000 (Residential, Single-Family) zone or less intense zone. * Advertised request included the CL zone. VARIANCE NO. 2002-04512 - Requests waivers of: a) required improvement of private streets, b) minimum lot depth adjacent to an arterial highway (deleted), c) minimum lot width, d) minimum lot area, e) maximum lot coverage and f) minimum open space, to construct 63-unit single-family residential subdivision. TENTATIVE TRACT MAP NO. 16359 - To establish a 66-1ot, 63-unit detached single- family residential subdivision (Advertised as 77-1ot, 76-unit). ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 12 Greg Hastings of the Planning Department presented the staff report, which is available in the City Clerk's Office. Mayor Pro Tem Feldhaus opened the public hearing. John Myhre, Western Pacific Housing, explained the various meetings held for the project, where they resolved concerns regarding traffic, schools and neighborhood privacy. He noted how the plan had evolved. Michelle Cardenas noted her early concerns were school, traffic and City service impacts. After meeting with Western Pacific, her concerns were addressed and she supported the development. Ann Marie Chrisman explained her previous concerns, which had now been addressed and she expressed support of the project. Tom Lockwood noted his support of the project, complimenting Western Pacific Housing on working with the City and residents. Ken Jones, ROP, supported the project. Jeralyn Palmer spoke of being in favor of the project. Also speaking on favor of the project was Danielle Jacobs. Judithanne Gollette, WAND, commended Western Pacific Housing for working with the residents and supported the project. Jean Garber said she represented Mr. Park and 192 people who signed a petition whereby Mr. Park wished to sell his property to Western Pacific. She said they entered into escrow on Mr. Park's property and another petition was circulated opposing the purchase of the property. With the signature of 90 people on the second petition, the project was redone with Mr. Park's property excluded. She said she wished to have Mr. Park's property included. Mayor Pro Tem Feldhaus explained that was not a matter for Council to decide. Ms. Garber said she felt Western Pacific should reconsider the purchase of Mr. Park's property and that it was originally included in the proposed project. Executive Director of Planning and Community Development, Joel Fick, explained that the reason the Park property was originally included in the advertisement was that it was staff's understanding that the property was in escrow and consequently was a part of the developer's contemplated plans. Then the plan changed and the proposal before Council did not incorporate that and is not under consideration at the hearing. Ms. Garber said the reason it was cancelled was because of the 90 signatures in opposition to it. She said in a period of ten days she had collected 192 signatures of people who felt Mr. Park had every right to sell his property. Council Member Kring noted that no one was disputing Mr. Park's right to sell his property to a willing buyer but Western Pacific was not a willing buyer. Hearing no further testimony, Mayor Pro Tem Feldhaus closed the public hearing. ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 13 Howard Garber approached the podium and wished to speak. Mayor Pro Tem Feldhaus re-opened the hearing. Howard Garber referred to a letter he had previously given to Council and said the issue had to do with property rights of Mr. Park. He explained that no one seemed to object to the Park property being a part of the development. He said he was not against the lower density or against what Planning Commission approved. Mr. Garber said the lot that was a part of the original plan did not appear to be in line with the rest of the new development. He said he did not care if it became a small park but it should be utilized in a more beneficial way, in a more acceptable way for that community. He said no one was against the Park property sale going through. John Myhre, Western Pacific Housing, said the project went through many re-designs and many community workshops. He said what was presented this date was the project that they were asking Council to support and approve. Council Member McCracken clarified that what Council was considering was what the Planning Commission approved and if there were adjustments, it would have to return to Planning Commission. Mr. Myhre said it would cost them alot of time to make any changes at this point and they were not in favor of doing so. Council Member Kring commended Western Pacific for the effort with the residents and the residents for working with the developer. Council Member McCracken offered approval of the CEQA Finding, Negative Declaration, seconded by Council Member Kring. Motion carried unanimously, Mayor Daly absent. Council Member McCracken moved to approve the following resolutions and Tentative Track Map No. 16359. RESOLUTION NO. 2002R-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to the land use element of the Anaheim General Plan designated as Amendment No. 2002-00404, Exhibit A. RESOLUTION NO. 2002R-214 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 and that the boundaries of certain zones should be changed. RESOLUTION NO. 2002R-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM granting Variance No. 2002-04512. Approve Tentative Track Map No. 16359. Roll Call vote: Ayes - 4; Council Members Feldhaus, Kring, McCracken, Tait. Nays - 0. Absent - 1, Mayor Daly. Motion carried. ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 1, 2002 PAGE 14 Report on Closed Session Actions: City Attorney White announced there was no report from Closed Session. Council Communications: Various Council Members congratulated Fire Chief Roger Smith. Mayor Pro Tern Feldhaus announced that the Fall Festival would be held on October 26, 2002, beginning at 8:00 A.M. with a pancake breakfast and costume judging and the parade was scheduled to begin at noon. Adjournment: There being no further business to come before the City Council, Mayor Pro Tem Feldhaus adjourned the meeting at 6:45 P.M. Respectfully submitted: Sheryll Schroeder, CMC City Clerk