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2002/10/29ANAHEIM, CALIFORNIA- CITY COUNCIL ADJOURNED REGULAR MEETING OCTOBER 29, 2002 The City Council of the City of Anaheim met in adjourned regular session. The Notice of Adjournment was posted at 3:00 P.M. on October 29, 2002 on the exterior door of the Anaheim Council Chambers, announcing the adjournment to 3:30 P.M. due to a lack of quorum. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Executive Director of Planning and Community Development Joel Fick, Assistant City Manager Tom Wood and Police Chief Roger Baker. A copy of the agenda for the meeting of the Anaheim City Council was posted on October 25, 2002 at the City Hall inside and outside bulletin boards. Mayor Tom Daly called the regular meeting to order at 3:35 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried. The Council recessed to Closed Session at 3:36 P.M. AFTER RECESS: Mayor Daly called the regular Council meeting of October 29, 2002 to order at 5:10 P.M. and welcomed those in attendance. He noted that the City was home to the world champion Anaheim Angels and spoke about the celebration parade that had taken place this date. INVOCATION: Moment of silence FLAG SALUTE: Council Member Kring Recognitions to be presented at a later date were: a proclamation recognizing Patrick J. Hart on his retirement from the Anaheim City School District; a declaration recognizing Hilgenfeld Mortuary on its 75th anniversary and a proclamation recognizing November 7, 2002, as the Veterans Day Commemoration in the City of Anaheim. At 5:14 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. Mayor Daly reconvened the City Council adjourned regular meeting at 5:20 P.M. for joint public hearings with the Redevelopment Agency. Council Member Tait declared a conflict of interest on Agency Items 5 and 6 and left the Council dais. 123 ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 2 Consider a resolution approving a Disposition and Development Agreement with WL Homes, LLC. dba John Laing Homes regarding 5.3 acres located at 124 West Santa Ana Street and making certain environmental and other findings in connection therewith. Executive Director of Community Development, Elisa Stipkovich, stated that Items 5 and 6 were development agreements that related to the downtown area of Project Alpha and the commercial/industrial project area south of downtown. She noted that the Agency and Council had approved a exclusive right to negotiate with Laing Homes and Community Development had been working with them and the community. There had been a total of 31 meetings regarding the Laing Homes project and ClM project (Item 6), she said, both with various boards and commissions and community groups. She said that Item 5 was to agree to sell property located at 124 West Savannah Street so that the developer could build a 56-unit residential development, 36-units of the homes would be affordable. She noted that the site plan was available and all of the economic analysis was listed in the staff report. Mayor Daly opened the public hearing. Robert Moore said he did not see impact provisions for designing to the impact on the neighborhood. He said he believed that environmental impact, parking and other impacts should be stated somewhere in the agreement. Bill Taormina said he believed that the ownership housing project had been much needed in the City. He said that this was the key to the re-creation of the downtown core. He said he believed that the site plan was a result of approximately 20 iterations at a tremendous number of hours and cost to the developer. The level of quality and craftsmanship was unlike anything that had been built in the City before. Jerry Zomorodian expressed his support of the project. Mayor Daly closed the public hearing. Mayor Daly asked what the future action items for the project were and Director Stipkovich explained that there would be future actions to be taken by the Agency and the Council. The Agency would be reviewing the architecture, design, color and material and Council would review final entitlements for the site. Concerns raised by Mr. Moore would be handled at that time, she stated, regarding specific access and egress. Mayor Daly asked when the future actions would be brought forth and Director Stipkovich said she believed it would be about 60-days. Mayor Daly offered Resolution No. 2002R-222 for adoption. RESOLUTION NO. 2002R-222 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Disposition and Development Agreement with WL Homes, LLC. dba John Laing Homes regarding 5.3 acres located at 124 West Santa Ana Street and making certain environmental and other findings in connection therewith. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - 0. Abstain - 1, Council Member Tait. Motion carried. ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 3 123 Consider a resolution approving a Disposition and Development Agreement by and between the Anaheim Redevelopment Agency and CIM California Urban Real Estate Fund, LP, a Delaware Limited Partnership, regarding certain real property in Redevelopment Project Alpha, and making certain findings in connection therewith. Executive Director of Community Development, Elisa Stipkovich, noted that the project included a library of 80,000 square feet, approximately 550 to 680 new structure parking spaces, between 60,000 to 76,000 square feet of retail space and 223 to 520 luxury apartments. The project would be located in the center of the downtown, between Anaheim Boulevard and Harbor Boulevard, north of Broadway. The public improvement project would incorporate the public library of 80,000 square feet and would be funded by the Agency and a portion of it funded by the City, she explained, and half of the parking was replacement parking and public parking to be used for the library. The private development would be apartments and retail space, which was estimated at $55million of private investment to go into the downtown area, she informed. CIM group was the developer and they had a good track record and the ability to do the project, she noted. Community Development and CIM had been working on the site plan and discussing with the community and a tremendous amount of public input had been placed in the project. Council Member Kring asked if the historic character of the bridge or walkway from the new library to the Carnegie Museum would be maintained. Director Stipkovich said that Community Development had many discussions with members of the Museum Board and staff and final architecture and details of the design had not yet come forward. The final entitlements would come back for public review and Community Development would, once again, work closely with the Museum Board and Community. Council Member Feldhaus noted that he had also been concerned about the integration of the Carnegie Library and loosing the historical perspective. Director Stipkovich responded that she understood that it was on the National Register and that was the reason that CIM was hired since they were familiar in dealing with issues with historical requirements. She explained that there would be 40-days for CIM to return with architectural designs and Community Development would be working with the public before presenting the designs to the Agency and there would need to be final entitlements for the residential mixed-use, which should take approximately 60-days. Mayor Daly asked if construction would begin in May 2003, if the project stayed on schedule and Director Stipkovich said it would be May or June, 2003. Mayor Daly asked what the sum total of the private investment in the proposed project was and Director Stipkovich said it was $54.5 million. Mayor Daly opened the public hearing. Allan Jeffrey stated that he was part of a community-based group dedicated to developing a downtown that honored the City's historic past while serving the future community needs. He said he supported the plans for the library and the mixed-use concept for high-end apartments along with street level retail uses. He asked what the style of architecture would be and if it would be similar to the surrounding historic neighborhoods. If that was not the style, he said, would it be a style that would co-exist with the existing historical structures. He said his neighborhood recommended that a design review process be set up for the project and he ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 4 proceeded to address funding issues. One source of funding was for the library and the other for the apartments and retail and he said he believed that it should be mandatory that if one part of the funding process fell through, that the other part of the project be resubmitted for review on a stand-alone basis. Cynthia Ward said she had the same concerns as Mr. Jeffrey and asked for a design review process to make sure that the construction of the site was compatible with the library. Mayor Daly asked Ms. Ward if she was comfortable with the size of the building, if the architectural detail could be worked out. Ms. Ward responded that it was appropriate for the site. She said she had been against any sort of physical attachment to the Carnegie because of the National Register status and it was contrary to the Department of Interior Standards for historical restoration and she asked to see both developments contingent upon funding of both pieces and not be able to have one without the other. Dean McCluskey said he had purchased the building at 225 South Harbor Boulevard, which was undergoing $250,000 in tenant renovations and moving his advertising agency to the downtown area. He said he was supportive of an urban environment where he and his staff could walk to work and walk across the street to restaurants and a library was an excellent idea. He asked that the project be tied to the development and expansion of the library and that special consideration be taken to be certain that any bridge would be aesthetically pleasing and was part of the architecture of the building. Susan Faessel spoke on behalf of the public library and expressed support of the central library project. She noted that this was a chance for Council to show support of the library. June Lowry stated that the Anaheim Public Library Foundation supported the redevelopment project in the Project Alpha area. The library would be a focal point for revitalization of the downtown area, she added. Nick Ellovaivovich said he was president of the Anaheim Museum Board of Trustees and on behalf of the Board, said that they supported the downtown library project. The Board was thankful, he said, for agreeing not to physically link the historic landmark Anaheim Museum building with the new library. Dean Reynolds said he was active in the historic society and that the project would be advantageous to the entire community. Ann Nupsa said she was the historian for the Anaheim Cemetery and made continual use of the library. She said that the library offered many programs to every age group and she was in support of the project. Melanie Doss said she worked at Anaheim Cemetery doing research for people across the country and had made great use of the history room in the library. She stated that she was in support of the library project. Bill Taormina said that when the project was finished there would be approximately 500 people living in the central core of the City. He said that the City was fortunate to have ClM spend $55 million of their money to build the project and this would generate over $500,000 of property tax every year. ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 5 Mayor Daly closed the public hearing. Mayor Daly asked how the new buildings would be designed in a way that complimented the existing, historic and Carnegie building. He noted that the downtown residents did not support a direct physical link of the new buildings to the Museum. There may be some ways to indirectly tie the properties together so that for appearances and usefulness, he said, there were some linkages. Mayor Daly asked what the direction to the architect would be if the Council approved the agreement. Director Stipkovich said that there was a consistent comment from all of the different groups had to do with the architecture being compatible with the buildings that were there, particularly the Carnegie, and that it reflected the history of the City. She said that Community Development had selected Hardy, Helzman and Pfifer who had done work for the Los Angeles library and they were capable of understanding all of the issues. She assured everyone that the architecture would be reviewed by all the community groups and said that Community Development would be happy to have a workshop to give people input as the design went forward. The architects and the developer would do the same and she said she wanted this to be a project that everyone would want to support. Mayor Daly asked if the architect would continue to generate ideas about how to make the most of the museum building and how to tie it to the surrounding structures. Director Stipkovich said that Community Development would like to have a solution to link the uses and create synergy between the Carnegie and its uses as well as the new library. There was a problem with handicap access that Community Development needed to deal with, she said, and the architect would be asked to be creative and sensitive and to show the ideas and concepts to the different groups to try and work out something that everyone would want. Council Member McCracken noted that she had gone with the Community Development staff and architect to Los Angeles Public Library and the renovation was more than anyone could have dreamed that the architect would have come up with. The architect had disguised parking and an atrium had been added onto the building and the Los Angeles Public Library building was also a historical building, she informed. She said she believed that the architect and his company was a very talented group of professionals and Council and staff should be working with them to find opportunities for the new library building, residential and parking structures. Mayor Daly offered Resolution No. 2002R-223 for adoption. RESOLUTION NO. 2002R-223 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Disposition and Development Agreement by and between the Anaheim Redevelopment Agency and CIM California Urban Real Estate Fund, LP, a Delaware Limited Partnership, regarding certain real property in Redevelopment Project Alpha, and making certain findings in connection therewith. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - 0. Abstain - 1, Council Member Tait. Motion carried. PUBLIC COMMENTS: James Robert Reade spoke about the quality of life in the City and a candidate for Mayor. Bill Orten stated he was running for State Assembly in the election on November 5, 2002 and read his 250-word statement. ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 6 118 117 156 105 116 Glenn Mondo said he represented the applicant on Item B2 and that they agreed and accepted all of the actions and conditions imposed by the Planning Commission on the project. Don Meyers appealed to the City regarding the Lincoln Avenue beautification project and how the lane closure had affected his business at 1771 West Lincoln. He noted that staff had met and he asked if a decision had been reached. City Manager Morgan stated that Mr. Meyers had representatives that were preparing detailed information about the hardship that it would create on the business. The City wanted to study those details, he said, and it would be revisited with the Council when the information was received from Mr. Meyers. Mr. Meyers said that he had given close to 1,000 signatures and Manager Morgan responded that Council had indicated that they wanted staff to take a good look at what the impacts were. Mr. Meyers asked what specifically Council and staff wanted him to show them. City Attorney, Jack White, said he believed that his staff had been in contact with Mr. Meyers' attorney and had provided his attorney with the City's view of the situation and the attorney agreed to provide substantial information about how the median affected the business and what it would do as far as requiring large vehicles to access the property in a different way. Attorney White said he understood that median islands created inconvenience to businesses as well as impacting the traffic flow and what the City was trying to ascertain was how significant for the business the impacts would be. More information could be transmitted to Council to determine whether there would need to be any change in the current plan, he added. Michael Baker thank the Council for their continued support of the Boys and Girls Clubs of Anaheim. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. ADDITIONS/DELETIONS TO THE AGENDA: None CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A28: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Council Member Council Member Tait voted no on Items A16 and A17 and Council Member Kring abstained on Item A24. Mayor Daly offered Resolutions Nos. 2002R-224 through 2002R-227 and Ordinance Nos. 5835 through 5841for ~doption. Motion carried unanimously. Al. Reject certain claims filed against the City. A2. Receive and file the Investment Portfolio Report for the month of September 2002; the Crime and Analysis Report for September 2002; the Quarterly External Affairs/Issues Report; minutes of the Golf Advisory Commission meeting held July 25, 2002; minutes of the Investment Advisory Commission meeting held February 19, 2002; minutes of the Public Utilities Board meetings held August 15, 2002 and September 5, 2002; minutes of 121 158 158 174 158 105 I 123 123 ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 7 the Public Library Board meeting held September 9, 2002; and minutes of the Redevelopment and Housing Commission meeting held October 2, 2002. A3. Approve the Stipulation for Judgment in Condemnation and Final Order of Condemnation for the property located at 5710 East La Palma Avenue and authorize the final settlement payment, in the amount of $89,710, to The Spehar Business Properties, L.P. A4. Approve and authorize the City Manager to execute the Purchase and Sale Agreement with the Anaheim Redevelopment Agency, in the amount of $46,000, for acquisition of real property located at 1779 South Heather Lane (related to Agency item 3). A5. Approve the Amendment to Agreement for Acquisition of Real Property authorizing the payment, in the amount of $92,100, to Highland Pinetree and $3,200 to Spires Restaurant, Inc., for the purchase of real property located at 912-990 Euclid Street. A6. RESOLUTION NO. 2002R-224 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and authorizing an application for funds from the Orange County Sanitation District's Cooperative Project Program Grant for closed circuit television inspection, manhole inspection, inflow/infiltration identification and condition assessment of the West Anaheim area sewer system and authorizing the City Manager to execute all necessary documents in connection with such application and subsequent award of funds. A7. RESOLUTION NO. 2002R-225 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the sale of certain City owned property located on the northwest corner of Katella Avenue and Heather Lane to the Anaheim Redevelopment Agency [R/VV 5180-85. City Deed Nos. 10564 (Grant Deed), 10565, 10566 and 10567]. A8. Accept the resignation of David Romero from the Housing and Redevelopment Commission and authorize the City Clerk to post the Notice of Unscheduled Vacancy. A9. Approve and authorize the City Treasurer to execute an agreement with MuniFinancial to provide arbitrage rebate compliance services. Al0. Approve the Second Modification of Lease with the Orange County Floor Control and the County of Orange, for a two year period through October 31, 2004, in the amount of $1.00 per year, for Parcels A and B of the District's Gilbert Retarding Basin (Dad Miller Golf Course) and approve the Memorandum of Understanding for the annexation of the unincoporated territories within the City's sphere of influence A11. Direct staff to negotiate for the development of the Tiger Woods Learning Center to be located at Dad Miller Golf Course and authorize the City Manager to execute an agreement if consistent with the Deal Point Memorandum. Council Members Tait and McCracken expressed their support of the Learning Center. Council Member McCracken said that connected with the Learning Center was the annexation of the Garza strip and she asked the residents of west Anaheim to assist the City in letting it be known that those who lived in the 72-acres would now belong to Anaheim and not the County. 123 123 142 123 123 123 129 174 ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 8 Mayor Daly asked about sponsorships and what the agreement required of the City in terms of funding. He said it was his understanding that Tiger Woods would fund the entire project and there was no taxpayer cost and he asked if the City was obligated to accept corporate signage or other sponsorship-type signage on the freeway or on any major streets to help fund the project. City Manager Morgan said that Tiger Woods would be funding the improvements and the City was not obligated to accept corporate signage on the freeway or on any major streets. Council Member Feldhaus asked if there were other territories within the City's sphere of influence besides the Garza strip. City Manager Morgan said that there was not. A12. Approve an agreement with the Magnolia School District, in the amount of $49,946, to provide third-year funding for a Kids in Action youth development and sports program site at the Salk Family Resource Center. A13. Approve an agreement with the Orange County Community Development Council, in an amount not to exceed $119,307, to provide third-year funding for a Kids in Action youth development program site at the Anaheim Independencia Family Resource Center. A14. ORDINANCE NO. 5842 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Subsections .010 and .020 of Section 13.080.020 relating to prohibited conduct within parks and adding Section 13.08.120 to Chapter 13.08 of Title 13 of the Anaheim Municipal Code establishing a uniform policy for use of bicycles within special use parks. A15. Approve the License Agreement with the County of Orange to implement a comprehensive Metropolitan Medical Response System to address the threat of bio- terrorism. A16. Approve an agreement with ARAMARK Sports and Entertainn,¢nt Services, Inc., granting the exclusive right to provide food and beverage service at the Convention Center and approve an agreement with ARAMARK Entertainment, Inc. for the exclusive food and beverage service at The Grove of Anaheim. Council Member Tait voted no on Item A16. A17. Approve the Concession Agreement with Nederlander-Grove LLC for the exclusive booking and event operation at The Grove of Anaheim and authorize the Executive Director of Convention, Sports and Entertainment Department to execute such other documents, instruments and agreements that may be necessary to implement such agreement. Council Member Tait voted no on Item A17. A18. Authorize the Fire Department to donate outdated and no longer needed medical equipment to Mexico. A19. Authorize the Chief of Police to accept a grant award from the Office of the State Controller, in the amount of $70,444, for the California Law Enforcement Equipment 174 113 142 179 179 179 179 179 123 ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 9 Program and amend the Police Department's fiscal year 2002~03 budget by increasing revenues and expenditures in the amount of $70,444. A20. RESOLUTION NO. 2002R-226 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police, on behalf of the City of Anaheim, to submit an application to the State of California, Office of Traffic Safety, to participate in its DUI Grant Outreach Program. A21. RESOLUTION NO. 2002R-227 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Public Utilities Department). A22. ORDINANCE NO. 5835 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM repealing Subsection .040 of Section 1.09.050 of Chapter 1.09 of Title 1 of the Anaheim Municipal Code relating to campaign reform (Introduced at the Council meeting of October 15, 2002, Item A12). A23. ORDINANCE NO. 5836 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2001-00043, located at 2901 E. South Street) (Introduced at the Council meeting of October 15, 2002, Item A23). A24. ORDINANCE NO. 5837 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2001-00047, located at 1628 W. Orangewood Avenue) (Introduced at the Council meeting of October 15, 2002, Item A24). Council Member Kring abstained on Item A24. A25. ORDINANCE NO. 5838 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2001-00049, located at 110 North Rose Street) (Introduced at the Council meeting of October 15, 2002, Item A25). A26. ORDINANCE NO. 5839 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2001-00053, located at 203 North Coffman Street) (Introduced at the Council meeting of October 15, 2002, Item A26). A27. ORDINANCE NO. 5840 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2001-00055, located at 891 South State College Boulevard) (Introduced at the Council meeting of October 15, 2002, Item A27). A28. ORDINANCE NO. 5841 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM approving the Third Amended and Restated Franchise Agreement for collection, handling, transportation, processing, recycling and disposal of City solid waste to Taormina Industries, LLC. (Introduced at the Council public hearing of October 15, 2002, Item C5). ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 10 END OF CONSENT CALENDAR Items B1 throuqh B9 From Planninq Commission Meetin.q of October 7, 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 29, 2002: 179 B1. VARIANCE NO. 2001-04469 CATEGORICALLY EXEMPT - CLASS 11: OWNER: City of Anaheim, Attn: Clare Fletcher 201 South Anaheim Boulevard, 10th floor, Anaheim, CA 92805 AGENT: Alexander Development, Attn: Jori Veregge 2766 Pomona Boulevard, Pomona, CA 91768 LOCATION: 8375 East La Palma Avenue. Property is approximately 9.3 acres located at the northeast corner of La Palma Avenue and Weir Canyon Road (Weir Canyon Acura). Request waivers of a) permitted commercial center identification sign and b) maximum number of wall signs to construct a new monument sign and one additional wall sign for an existing automotive dealership (Weir Canyon Acura) in addition to the previously- approved seven wall signs for two automotive dealerships. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2001-04469 approved (PC2002-149) (7 yes votes). 179 B2. RECLASSIFICATION NO. 2002-00078 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04573 AND NEGATIVE DECLARATION: OWNER: Commercial L. P., 202 North Curry Street, Suite 100 Carson City, NV 89703- 4121 AGENT: Coorg Cooperation, P. O. Box 1266, Anaheim, CA 92815 LOCATION: (No address). Property is approximately 4.3-acres having a frontage of 70 feet on the north side of La Palma Avenue located 255 feet east of the centerline of Pauline Avenue. RECLASSIFICATION 2002-00078 - Requests reclassification from the RS-A-43,000 (Residential/Agricultural) zone to the ML (Limited Industrial), or a less intense zone. CONDITIONAL USE PERMIT NO. 2002-04573 - Request to permit indoor self-storage and an outdoor storage yard including RV, boat, tractor trailer, automobile/truck and construction vehicles with waiver of minimum side yard setback adjacent to a residential zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2002-00078 granted (PC2002-150) (7 yes votes). Waiver of Code Requirement approved. Conditional Use Permit No. 2002-04573 granted (PC2002-151). Negative Declaration approved. 179 B3. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04601 AND NEGATIVE DECLARATION: OWNER: Ball Road Corporation, 10701 Wilshire Boulevard, # 2204 Los Angeles, CA 90024 179 179 ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 11 AGENT: Botich Architects, 2140 South State College Blvd., Suite 110 Anaheim, CA 92806 LOCATION: 2823 West Ball Road. Property is approximately 0.57-acre having a frontage of 110 feet on the north side of Ball Road located 328 feet west of the centerline of Dale Avenue. Request to permit a 30-unit affordable senior citizen's apartment complex with a density bonus with waivers of: a) minimum building site area per dwelling unit, b) minimum building setback, c) maximum structural height adjacent to a single-family residential zone and d) maximum density bonus. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved, in part, approving waivers (a), (b) and (c) and denying waiver (d) (7 yes votes). Conditional Use Permit No. 2002-04601 granted (PC2002-152). Negative Declaration approved. Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus. Set for public hearing December 17, 2002. B4. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04611 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Muller MacArthur LLC, 23521 Paseo De Valencia, Suite 200 Laguna Hills, CA 92653 AGENT: The Muller Company, 23521 Paseo De Valencia, Suite 200 Laguna Hills, CA 92653 LOCATION: 167 and 175 West Cerritos Avenue, Buildinq No. 2. Property is 12.3- acres located at the southwest corner of Cerritos Avenue and Anaheim Boulevard. Request to permit a church with a waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved (6 yes votes, Commissioner Bostwick abstained). Conditional Use Permit No. 2002-04611 approved for three years to expire on October 7, 2005 (PC2002-153). BS. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04610 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Muller-MacArthur, LLC, 23521 Paseo De Valencia, # 200 Laguna Hills, CA 92653 AGENT: The Muller Company, 23521 Paseo De Valencia # 200 Laguna Hills, CA 92653 LOCATION: 125-157 West Cerritos Avenue. Property is 12.3-acres located at the southwest corner of Cerritos Avenue and Anaheim Boulevard. Request to permit adult day care with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved (6 yes votes, Commissioner Bostwick abstained). Conditional Use Permit No. 2002-04610 granted for five years to expire on October 7, 2007 (PC2002-154). ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 12 179 179 179 B6. RECLASSIFICATION NO. 2002-00083 AND NEGATIVE DECLARATION: OWNER: Neville Chemical, 2800 Neville Road, Pittsburgh, PA 15225 AGENT: Jeffrey Farano, 2300 E. Katella Avenue, Anaheim, CA 92806 LOCATION: 2110 East Winston Road. Property is 8.3-acres having a frontage of 670 feet on the south side of Winston Road located 650 feet east of the centerline of State College Boulevard. Request reclassification of the subject property from the RS-A-43,000 (Residential/Agricultural) zone to the ML (Limited Industrial) zone, or a less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2002-00083 granted (PC2002-155). Negative Declaration approved. B7. CONDITIONAL USE PERMIT NO. 2001-04466 CATEGORICALLY EXEMPT - CLASS 1: OWNER: John Pedicini, P.O. Box 15033, Newport Beach, CA 92659 AGENT: Manuel Gomez, 1540 West Ball Road, #16E Anaheim, CA 92802 LOCATION: 1751 West La Palma Avenue. Property is 0.4-acre having a frontage of 125 feet on the north side of La Palma Avenue located 650 feet west of the centerline of Euclid Street (El Rey Del Marisco). Request to amend hours of operation for a previously-approved restaurant with sales of beer and wine for on-premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to Conditional Use Permit No. 2001-04466 for one year to expire on October 7, 2003 (PC2002-156) (7 yes votes). B8. CONDITIONAL USE PERMIT NO. 3070 AND NEGATIVE DECLARATION: OWNER: Paul Reynolds, Crescent Associates, P.O. Box 6028 Artesia, CA 90702 AGENT: Marty Zimmerman, AT&T Wireless, 424 Bellflower Boulevard, #218, Long Beach, CA 90814 LOCATION: 301 North Crescent Way. Property is 1.3-acres having a frontage of 160 feet on the west side of Crescent Way located 110 feet north of the centerline of Penhall Way. Request to permit additional microwave antennas on an existing communications tower. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3070 approved for ten years to expire on October 7, 2012 (PC2002-157) (5 yes votes, Commissioner Vanderbilt voted no and Commissioner Koos abstained). Negative Declaration previously approved. Council Member McCracken asked what the reason for granting the conditional use permit for ten years. Executive Director of Planning and Community Development, Joel Fick, noted that staff's recommendation had been consistently five-years. He said that staff had concerns about the project because of the large number of antennas and the Planning Commission had heard from the applicant about this being a regional facility and critical to their overall network and consequently gave them a ten-year time limitation. ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 13 Mayor Daly said he shared the same concerns as Council Member McCracken. Review of the Planning Commission's decision requested by Council Member McCracken and Mayor Daly. Set for public hearing December 17, 2002. REPORT AND RECOMMENDATION: B9. CONDITIONAL USE PERMIT NO. 2001-04427 - RETROACTIVE TIME EXTENSION 179 TO COMPLY WITH CONDITIONS OF APPROVAL AND NEGATIVE DECLARATION: Gary Frazier, Tyrol Plaza LP, 6445 Joshua Tree Avenue, Orange, CA 92867, requests a retroactive time extension to comply with conditions of approval (originally approved August 27, 2001, to expire August 27, 2002) to construct a new 3-story, 60-unit "affordable" senior citizen's apartment complex with a density bonus with waivers of minimum number of parking spaces, minimum building site area per dwelling unit, maximum structural height and minimum setback abutting one-family residential developments. Property is located at 891 South State College Boulevard. ACTION TAKEN BY THE PLANNING COMMISSION: Approved retroactive extension of time of Conditional Use Permit No. 2001-04427 for one year to expire on August 27, 2003 (7 yes votes). Negative Declaration approved. 124 Item B10 From Planninq Commission Meetinq of October 21, 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 NOVEMBER 12, 2002: B10. GENERAL PLAN CONFORMITY NO. 2002-00021 REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR THE PROPOSED LEASE OF FLOOD CONTROL PROPERTIES FOR GOLF OPERATIONS AND A GOLF LEARNING CENTER: John D. Pavlik, Orange County Public Facility & Resource Department, 300 North Flower Street, Santa Aha, CA 92702- 4084, request to determine conformance with the Anaheim General Plan for the proposed lease of Orange County Flood Control land to the City of Anaheim and Tiger Woods Foundation for golf operations and a golf learning center. Property is located at 430-520 North Gilbert Street (Dad Miller Golf Course and Driving Range) and 2045 West Crescent Avenue (Crescent Recharging Basin). ACTION TAKEN BY THE PLANNING COMMISSION: General Plan Conformity No. 2002-00021 determined to be in conformance with the General Plan (6 yes votes, Commissioner Bostwick absent). Mayor Daly asked if there would be any environmental analysis done on the Tiger Woods Learning Center and City Attorney White said that either when the final contracts or entitlements or both came back to the Council at a later date, there would be an environmental review since it was a discretionary project. There would be an initial study to make determination what the appropriate level would be, he added. ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 14 176 6:00 P.M. PUBLIC HEARINGS: C1. To consider the abandonment of a portion of Atchison Street, south of East Broadway and a portion of public alley right-of-way located between Atchison Street and Kroeger Street. At their meeting held September 10, 2002, Item A8, the Anaheim City Council adopted Resolution No. 2002R-200 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2001-00044, a portion of Atchison Street extending southerly from east Broadway and a portion of a public alley located between Atchison Street and Kroeger Street). REQUESTED BY: Firmenich INC, 424 South Atchison Street, Anaheim, CA 92805. MOTION: CEQA FINDING: Categorically Exempt, Class 5. RESOLUTION NO. Abandonment No. 2001-00044. MOTION: abandoned area. Approve the quitclaim of the City's right, title and interest in the Mayor Daly moved, seconded by Council Member Kring, to continue Item Cl November 19, 2002 as requested by staff. Motion carried unanimously. 176 C2. To consider the abandonment of a portion of an electrical utility easement located at 5449 East La Palma Avenue At their meeting held September 10, 2002, Item A9, the Anaheim City Council adopted Resolution No. 2002R-201 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2002-00055, 5449 East La Palma Avenue). REQUESTED BY: LBA Industrial Fund-Canyon, Inc., 4440 Von Karman Avenue, Suite 150, Newport Beach, CA 92660 MOTION: - CEQA FINDING: Categorically Exempt, Class 5. RESOLUTION NO. Abandonment No. 2002-00055. MOTION: Approve the quitclaim of the City's right, title and interest in the abandoned area to the applicant/owner. Mayor Daly moved, seconded by Council Member Kring, to continue Item C2 November 19, 2002 as requested by staff. Motion carried unanimously. 106 ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 15 C3. Approve the Police Department's Expenditure Plan for the fiscal year 2002/03 Supplemental Law Enforcement Services Fund award from the State budget, in an anticipated amount of $664,817. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approve the Police Department's Expenditure Plan for the fiscal year 2002/03 Supplemental Law Enforcement Services Fund, in the amount of $664,817. Motion carried unanimously. 107 C4. To consider a resolution approving a special permit to move two residential structures from 230 North Rio Vista and 1272 East Lincoln Avenue to Agency-owned land at Tract 16171, Lot 8 in the City of Anaheim. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly noted that the two structures would be moved to the Lemon Street and Water Street neighborhood. Mayor Daly offered Resolution No. 2002R-228 for adoption. RESOLUTION NO. 2002R-228 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a special permit to move two residential structures from 230 North Rio Vista and 1272 East Lincoln Avenue to Agency-owned land at Tract 16171, Lot 8 in the City of Anaheim. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes-0. Motion carried. 124 C5. 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. 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. Readvertised from the meeting of October 1,2002, Item C2). Planning Director, Joel Fick, announced that the City received a letter from the State dated October 11, 2002 advising that the housing element was in compliance with State law. He noted that Planning Commission had re-reviewed the element and recommended approval. Mayor Daly noted that the State suggested that if any of the identified sites were not developed according to their preferences; namely density and affordability, that the housing element may ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 16 have to be amended in the future. He asked if there was an inventory of the proposed sites to be developed with affordable housing. Mr. Fick responded that there was and was monitored annually. Mayor Daly asked how many of the units were proposed in the Mountain Park Development and Elisa Stipkovich, Community Services Director, answered that the current housing element indicated over 8,000 units. Mayor Daly asked how many would have to be affordable under the proposed housing element and Ms. Stipkovich replied that the City did not identify where the affordable units were, but did identify where, number of units and the density of each type of development. She added that the State made certain interpretations based on the densities in terms of what they felt would be affordable. Council Member McCracken added that the new State requirement pertaining to the change of density was State law. In response to a question from Mayor Daly regarding the 8,000 units at Mountain Park, Mr. Fick responded that the housing element reflected the current adopted plan by the City, which reflected the current specific plan. Mayor Daly asked if only 2,000 units were built instead of the proposed 8,000, regardless of the percentage of the units, if any, are considered affordable, would that increase the burden of providing Iow income housing in other parts of the City. Mr. Fick said he did not believe so. Mayor Daly opened the public hearing. Scott Darrell, Executive Director of the Kennedy Commission, noted that their community members and volunteers with the Commission had been involved in reviewing and making recommendations on the housing element and focused towards encouraging policies that would allow affordable housing production. He said that while they felt the document was still flawed, they were pleased to see the commitment from the City to continue to work with community members to put together an affordable housing ordinance. He acknowledged the staff that had worked on the proposed element. Mayor Daly asked Mr. Darrell if he felt there was a city in Orange County that had done more regarding the affordability challenges than Anaheim. Mr. Darrell answered that there were cities that were doing more in terms of producing more, such as Irvine and San Clemente. Mayor Daly asked about the overall housing stock for affordability. Mr. Darrell said the City of Anaheim deserved recognition for the community revitalization programs and the rehabilitation of existing housing stock. He added that what the Kennedy Commission was advocating was production of units to meet the workforce demands. Mayor Daly wondered about the fairness of focusing on the production of new units, noting that Irvine's existing housing stock was no where near as affordable as Anaheim's. Mr. Darrell noted the fairness was a valid question, that the housing element law was not a fair law. ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 17 Hearing no further testimony, Mayor Daly closed the public hearing. Mayor Daly explained that the City of Anaheim had been the affordable housing leader in Orange County for years and yet did not receive credit for it by the State. Council Member Tait agreed that there was not a good choice and he urged State legislators to work on the housing requirements. He felt the City carried more than its fair share of the affordable housing burden. Mayor Daly moved, seconded by Council Member Kring, to approve the CEQA Finding of Negative Declaration. Motion carried unanimously. Mayor Daly offered Resolution No. 2002R-229 for adoption. RESOLUTION NO. 2002R-229 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting Amendment No. 2001-00386 to the Anaheim General Plan pertaining to the Housing Element. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes- 0. Motion carried. 179 C6. 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 I ).2002-00008 REQUEST FOR CITY COUNCIL REVIEW: OWNER: Lincoln Beach Associates, L. P., 14011 Ventura Boulevard, # 404, Sherman Oaks, CA 91423 Richard Bracamonte, 141 North 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 2951-2961 West Lincoln Avenue. The site consists of multiple properties 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. 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). ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 18 Recommended adoption of Exhibit "A" of General Plan Amendment No. 2002-00405 (P02002-136). 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 (Informational item at the Council meeting of October 1,2002, Item B7. Public hearing scheduled due to General Plan Amendment). 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. Motion to approve the 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 - 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 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. Mayor Daly moved, seconded by Council Member Kring, to continue public hearing Item C6 to November 5, 2002. Council Member Tait abstained. Motion carried. Report on Closed Session Actions: None. Council Communications: All Council Members stated how proud they were of the Angels winning the World Series! Council Member Kring announced a Firefighters' haunted house on November 3, 2002, at 1:00 P.M. at the Phoenix Club. ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OCTOBER 29, 2002 PAGE 19 Mayor Daly directed the City Manager to explore ways over the next few weeks for the City to commemorate the unique, historic victory of the Angels and capture the moment forever and make partnerships with the Angels. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 7:25 P.M. Respectfully submitted: Sheryll Schroeder, CMC/AAE City Clerk