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2003/02/04 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING FEBRUARY 4, 2003 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Curt Pringle, Council Members: Tom Tait, Shirley McCracken, Bob Hernandez and Richard Chavez. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, Assistant City Clerk Cynthia Daniel-Garcia, Executive Director of Community Development Elisa Stipkovich and Community Services Director Chris Jarvi. A copy of the agenda for the meeting of the Anaheim City Council was posted on January 31, 2003, at the City Hall outside bulletin board. Mayor Curt Pringle called the regular meeting to order at 3:14 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: Downtown Redevelopment Options - Library Update City Manager Morgan introduced Executive Director of Community Development, Elisa Stipkovich, who presented the Downtown Redevelopment Options. Director Stipkovich updated Council on redevelopment activities in central Anaheim with a specific emphasis on the downtown area. She said that the impact of the State budget on projects had preempted the ability of redevelopment to do certain projects such as the library. Part of Project Alpha, which is located in the downtown area, and the southerly central industrial area, located south of Broadway to the 1-5 Freeway, were discussed and one of the projects identified in her budget for this fiscal year was the residential, library block new housing in downtown, as well as the Watt Center revitalization and packinghouse renovation. She said that there was an executed Disposition and Development Agreement with the CIM group that called for them to build 450 luxury apartment units along Anaheim Boulevard and Broadway, an additional approximate 80,000 square feet of retail and also the 80,000 square foot library that had been planned on Broadway. Within that agreement, Community Development was formally negotiating again for additional residential and retail at the intersection of Harbor Boulevard and Lincoln Avenue, she informed. The new housing that Community Development had been focusing on was Laing Homes and Community Development already had a Disposition and Development Agreement with them for the southwest corner of Santa Ana Street and Anaheim Boulevard for 56 units; 32 of them being affordable for-sale units of townhouses and single-family detached homes. There was a negotiation agreement with Laing for an additional development along Santa Ana Street and also for the Kwikset location. She said she felt that the ultimate disposition and development agreement could result in approximately 200 homes in the downtown area and a percentage would be affordable. Redevelopment was negotiating another agreement with Lewis Development for 200 apartments along Santa Ana Street to the south and along Olive Street and from the railroad to the east. She said if added up, there were approximately 1,000 new residential units that could be built within the downtown area over the next few years. Without the library, the CIM project would be a ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 2 private investment of approximately $63 million, she informed. The Laing Homes project represented approximately $20 million and additional housing had been in negotiation and was another $80 million. The apartments were another $25 million, which totaled approximately $185 million that would be invested by the private sector in the downtown if the projects moved forward, she explained. Director Stipkovich spoke about the State budget and what the impacts were to redevelopment and to some of the projects. The CIM project already had a commitment to build structured parking as part of the project and in order to do any development on the block along Anaheim Boulevard and Broadway, structured parking had to be done and would be underneath the buildings and be integral to those buildings, she explained. The project was to house residential and the parking structure and the podium upon which the library would sit. The Redevelopment Agency had earmarked $17.5 million to fund the library and the City had $2 million allocated for that purpose, she informed, and because of the Governor's proposal to take $500 million in redevelopment funds this fiscal year and $250 million in 2003/04, redevelopment had been stopped from doing any bond financing. The majority of the money would be used by the Agency to fund the library, she said, which was to come from bond financing and there was sufficient capacity until the latest proposal affected redevelopment. In the past few weeks, she informed, redevelopment had analyzed the situation and found that there was no way to do a financing and there was not a redevelopment agency in the State that could do a bond financing. She said that the Redevelopment Agency had already been assessed $1 million in ERAF payments this year, which the Agency needed to make a payment and may be asked for another $6.6 million this year and another $3.3 million next year. She said that there was a cloud over any future redevelopment dollars and they would not be able to raise any additional capital. The Agency had capital that had already been raised and bond funds that could pay for the parking structure to build the CIM project, she informed, and there were additional debt service funds that, if necessary, could be used to make the additional ERAF payments. The projects that would be placed on hold would be the town center and the packinghouse renovation until the impacts of the budget were fully understood. She said that redevelopment did not see any way for the Agency to be able to raise the capital to do the library. The integral nature of the building to the parking, she noted, redevelopment did not believe that it was feasible to forgo building it now versus building it later, which would be extremely difficult, she added. Community Services Director, Chris Jarvi, said that the fiscal situation had blocked the opportunity to develop the downtown library and the Department was still making excellent progress and meeting the library needs of residents. Community Services was working on refurbishment of the Central Library project, which would provide an additional 7,000 square feet for public service, and renovation had recently been completed on the Canyon Hills Branch Library; the Haskett Library of 7,500 square feet would be replaced with a 24,000 square foot state of the art building to be completed in 2005 and a proposal was being worked on for a 10,000 square foot interim library at the first floor of the Police Community Center near Weir Canyon. With regard to the Central Library project, there were several alternatives for expansion and those would be discussed with Council in the months ahead. Council Member McCracken said that parking was integral to the whole project and she asked if parking would be done for the apartments and if part of the parking was to be ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 3 used for the library. She also asked if the parking would be done in line with possibly another type of public building and if redevelopment would not redesign the residential project. Director Stipkovich stated that redevelopment was committed to build the parking structure in the disposition and development agreement for the CIM project and additional parking would be proposed. The developer had come in with an alternate proposal, which would be for a culinary school that Council would be considering, she explained, and redevelopment would need to accommodate the parking for that use, at least partially, and may be able to accommodate that proposal on some of the other structures. She said that the library had been shown to be sitting on top of the parking and to do one without the other was problematic and there was a lot of positive direction regarding the site. Redevelopment recommended going forward with the parking and to go forward with the CIM project, she added, and she provided a model for Council to view of what the CIM project would look like if it were already built in the downtown area. She explained that new development was not shown at Lincoln and Harbor but was shown along Broadway and behind the post office moving east to Anaheim Boulevard, without the library building being in place. She showed the new residential areas and product types of what Laing Homes would be like and Community Development was looking at town homes along Anaheim Boulevard and along Santa Ana Street and there would be a mixture of town homes or a triplex project that had proven to be very popular. She spoke about historic preservation and said that the renovation of the Kraemer building, which was on the national register of historic preservation and housed the Chamber of Commerce on the ground floor and the construction of 21 apartments, should be ready for occupancy this month. She noted that seven of the homes at the Lemon and Water Street project, which was an affordable, historical project, had been completed and two more homes had been moved on and four more homes would be moved and the block would be completed with a total of eleven homes. She said that Community Development would look to see if funding was available for the packinghouse project. There had been a proposal by National Junior Basketball for an exclusive right to negotiate for a three-acre site in downtown Anaheim adjacent to the Community Center and would close a portion of Philadelphia and install five basketball courts to be used by NJB for their program. She said that they had asked that the Agency provide the land, which Community Development proposed to do through a grant lease, and then NJB would have 18 months to raise the funding of approximately $12 million to build the facility. NJB would also have to accommodate the Boys and Girls Club and parking would need to be reconfigured, she explained, to make it more convenient for seniors and handicapped to have closer parking at the Community Center facility. Architectural drawings of CIM and Laing would be brought forward to Council and the community for input and the entitlement would be finalized, she informed, and there would be an amendment to the Disposition and Development Agreement with CIM for the Lincoln/Harbor site, which was proposed to have condominiums, townhouses and retail and was not part of the current Disposition and Development Agreement. If Council chose to consider a culinary school in the location where the library would have gone, architectural drawings would be brought back to Council and the community, she said. Community Development was working on a DDA with Laing and Lewis to do additional housing in the downtown area along Santa Ana Street and on the Kwikset site as well as Atchison Street. ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 4 Jean Gaff, Principal with Hardy, Holzman, Pfiffer, presented an overview of the urban design plan for the central part of the City. She stated that her company had worked for several months on the development of an overall master plan for the downtown area and that it was important to consider development plans for surrounding sites. She said that Pearson Park amphitheatre, the day care center and packinghouse in the area served as generators of people to the destination of the site and served as an important connection. The residential retail structure was to be placed on top of the existing parking structure, she said, along with residential retail mixed-use along Anaheim Boulevard and Broadway and some sort of cultural or mixed use development and the previously described library may be another cultural facility, whether or not it was the culinary school. There was opportunity to strengthen the area as a major pedestrian way and generate additional activity and foot traffic in the retail area. She suggested doing architectural gateway elements to announce the entry off of Lincoln Avenue and Broadway. The packinghouse may be developed into possible retail, it could become an Anaheim Boulevard destination or cultural center she said and new structures could be created of retail and restaurants along with an interior paseo and courtyard and a parking structure so that the area was a destination. Although the plans for the library would not move forward, she said she felt that many of the urban design and land planning concepts presented were still worthy of moving forward and would provide a framework for development and an opportunity to strengthen the image and identity of Broadway through landscape enhancements and ground floor retail that would occur. Landscape and connections along Lemon Street would be done so that this became the vibrant heart of the downtown with the mixed-use development proposed. She added that there was opportunity to look at the whole lower level and consider an integrated parking system. Council Member McCracken said she did not consider the culinary school a cultural amenity and she had seen one in Fullerton close after only a couple of years and the North Orange County Community College District was opening a culinary school in their facility on Euclid Street. The community had been planning a library for ten years, she added. Director Stipkovich responded that Community Development would work with Council on bringing more details. She said it was the culinary school or institute that was currently in Pasadena and had an excellent reputation and had been very successful. She said she did not know enough about the culinary school to offer Council specifics and it was something that Community Development was asking if they could pursue. It was a proposal that the developer came in with because the City could not fund the library, she said, and the difficulty was the timing. Community Development did not want to stop the CIM project from going forward, she said, and CIM had already designed the parking to be throughout the entire site, from Anaheim Boulevard all the way through and Community Development thought that if there was a way to build the library later on, maybe they could come back and put it in. It was possible and probably very expensive, she noted and it was possible that the building codes could change and it may be difficult to retrofit. She said that the Agency was concerned that they would not be able to do any financing and that the Agency was going to use $10 million of the $17 million to come from new financing and had already been impacted by a $1 million hit and they were waiting to be hit for more. ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 5 Mayor Pringle said that whatever was planned for the area where the library would go would need a full and complete discussion and he had heard about the culinary school in the last week and was not eager to choose that as a preferred alternative. He said he saw the benefit in creating mixed use in the area, be it adding offices, bringing in a school or contemplating additional residential units. With regard to Council Member McCracken's concern about the culinary school, he said it had not been agreed upon by anyone and the developer was in a challenging spot as the entire development was hinged upon coming to some resolution to that parcel as quickly as possible. He said he understood why building everything at once would save money and be the most efficient way to move forward with construction. He noted he was not prepared to offer any direction and asked for other options in terms of development on the site or what other options could be in terms of phasing for moving forward with a portion of the development and he asked for all opportunities that could be on the site. It would be ideal to have mixed use there and to contemplate private development, including floor space available for future library use or other things, he said. He stated he would like to consider having office or mixed use where public space was dedicated as a portion of the development and would not be a 100 percent public building and was a joint-use concept where specific needs were addressed and at the same time, economic opportunities were present to create that space. He asked to hear more about timing and options and Director Stipkovich said that Community Development would like to come back with alternatives within the next 30-days. Mayor Pringle asked what the schedule of the developer was and Deputy Director of Community Development, Brad Hobson, said that Community Development was on schedule to return to the public with design elevations and architecture and it would then be brought back to the Redevelopment Agency for approval. He noted that either all of the blocks that Council had seen or those that were ready to move forward, the developer would proceed with construction drawings. In the agreement between Community Development and the developer, construction was scheduled to start on the parking structure and building by the end of June 2003. Director Stipkovich stated that Community Development could negotiate with the developer which of the blocks would be the best place to start. Mayor Pringle asked if the developer was willing to live with those types of discussions and Shalon Kuba of elM said that his group was open to discussion for either block A, B or C and it was very important for them to focus on the first block where the library was in order for them to know how to proceed. Mayor Pringle asked about timing and if CIM was planning on moving forward with the three blocks at the same time or if the work would need to be phased. Mr. Kuba said ideally, CIM was thinking about starting on block A sometime this summer and about six months later, they would jump to block Band 18 months later from the start would be block C. Mayor Pringle said that there would be a lot more discussion of the project with Council and blocks Band C might need to be ahead of block A. The City would then know the State budget conditions and they would not be able to do anything until they knew the answer to those questions. There would be discussions on preferred opportunities, he ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 6 said, and he suggested possibly doing block B before A and then nothing would deter the overall completion of the project. Mr. Kuba said that, in the phasing of the project, irrespective of the library issue, CIM would like to see block A as the beginning of the promenade and would close the entrance to the street and would be the best retail opportunity that they had to create a pedestrian feel to the street. Mayor Pringle said that Council had been informed that the library discussion was open and fluid. Redevelopment dollars were not available to move forward with the library plans and a development decision had to be made on that parcel before the whole thing moved forward, he noted. He said he was not prepared to make a decision on what went in that location until he had answers to more questions and he referred to the Governor addressing the State budget issues in September/October 2003. He said that if there did not need to be a decision on the library property now, the developer could proceed on everything else on block A and he asked for assurance that all options would be open. Mr. Kuba said that he was prepared to take time with staff to work together to bring back different ideas to Council. Council Member McCracken said she believed that there were real needs in the community and that high school students and senior citizens were limited to one hour at a time on computers at the main library and there were not enough chairs for children to sit on in the children's room and the capacity was limited. She mentioned that there were hundreds of new homes being built and the Council needed to answer this need. Libraries were assets to the community and she asked to go back to the drawing board about what the City's library needs were before giving up a piece of property to another use or having an interim or partial use. There were options, she said, and they needed to be looked at before moving forward and the City needed to see where the State was going and what options were open. She said that there might be other funding options open rather than a four or five story library that was planned. She said that she had just heard about the culinary facility today and before moving forward, the City needed to look at options. Director Stipkovich stated that this particular project area went to 2008 and the last chance under the current State law to refinance would be 2004, if Community Development could get back that capability. The window of opportunity for financing was only this calendar year, under current State law, she informed, because of the 2004 restriction and with the eminent taking of redevelopment funds, they did not think in terms of bond financing. She had heard a lot of different options today and Community Development would return to Council with several alternatives so that Council could consider the preferred alternative. Council Member Chavez asked about luxury apartments and noted that it was a good idea to stimulate the economy in the downtown area, which promoted future business and created more jobs. He asked to consider the other redevelopment area for moderate and low-income housing. Director Stipkovich stated that all the other redevelopment projects were funded with the set-aside money and would contain affordable housing, all except the CIM project and because of the urban nature in high- ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 7 rise it was not even appropriate for families. She said that the Laing and Lewis project was a high percentage of affordable housing and the Kwikset property would be approximately 50 percent affordable. Mayor Pringle said that if there was ever a change in use of the Pac Bell building, he liked the concept of opening the other side of Lemon Street even further so that there was not a building barrier to Pearson Park. City Manager Morgan said that staff had been given the policy direction needed and would return within 30-days with options and more information regarding the State budget. ADDITIONSIDELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Pringle moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried. The Council recessed to Closed Session at 4:00 P.M. 1. 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 aI., U.S. Bankruptcy Court No. 02-40846-cb (SDNY). 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: Arrowhead Pond of Anaheim, 2695 East Katella Avenue, Anaheim, California. Agency negotiators: Dave Morgan, Tom Wood, Greg Smith Negotiating parties: City of Anaheim, Anaheim Public Improvement Corporation, Covanta Energy Corporation, State Street Bank and Trust Company. Under negotiation: Price and terms of lease and sublease; head lease and sublease. AFTER RECESS: Mayor Pringle called the regular Council meeting of February 4, 2003 to order at 5:20 P.M. and welcomed those in attendance. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Public Works City Engineer Gary Johnson and Executive Director of Community Development Elisa Stipkovich. INVOCATION: Pastor Ken Cartlidge, First Baptist Church of Anaheim FLAG SALUTE: Council Member Chavez PRESENTATION: Recognizing Tom Daly, former Mayor of Anaheim, for his service to the City. ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 8 RECOGNITION: To be presented at a later date was a proclamation recognizing February 9 through 15, 2003 as Career Technical Education Week. ADDITIONSIDELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade spoke about human rights and freedom, the Police Department and of former Council Member Lucille Kring. Elaine Huang said that there had been a benefit show for political prisoners at the Unitarian Church, 511 South Harbor Boulevard, which had been held outside of the Church. The amplified music had never reached above the maximum decibel level permitted by the City and she said she believed that the police harassed the organizers of the event and forced them to shut down the peaceful, non-violent gathering. She said she felt that she and the other participants' civil rights were violated, particularly freedom of speech and assembly. She asked Council to investigate and take action against what she believed was police misconduct. Mayor Pringle noted that the issue had been brought before Council last week and staff had been asked to look into it. Duane Roberts said he was following up on comments made at the last Council meeting regarding police response to the event at the Unitarian Church on January 25, 2003. He noted that the Police Department had claimed that a representative of the Unitarian Church asked them to keep an eye on the premises. He clarified that the board of trustees at the Unitarian Church did not authorize anyone within the congregation to contact the police to ask that they be present near church grounds. If someone did, it was done on their own, he said, and was most likely under false pretenses. He asked why the police would overreact to false information that, in his opinion, was deliberately fed to them by someone who was known to have an ax to grind with the organizers of the event. He said that although the police were at the Church to enforce the Municipal Code, the issue was irrelevant and the response was disproportionate from the actual threat the gathering posed to the Unitarian Church or the surrounding neighborhoods. The event was a political event sponsored by an outside group that used the grounds to conduct political speeches and read political poetry and music and disseminate political pamphlets, videotapes and books. He said the case raised civil liberty issues and that the people were peacefully exercising their constitutional right to free speech and assembly. MOTION: Council Member McCracken moved to waive reading in full of all ordinances and resolutions, seconded by Council Member Tait. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A15: On motion by Council Member McCracken, seconded by Council Member Tait, 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 A14 acted up separately. Council Member McCracken offered Resolutions Nos. 2003R-15 through 2003R-17 and Ordinance No. 5849 for adoption. Motion carried unanimously. 118 105 175 124 158 176 174 123 123 ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 9 A 1. Reject certain claims filed against the City. A2. Receive and file minutes of the Public Utilities Board for the meeting of December 19, 2002. A3. Award the contract to the lowest responsible bidder Bakersfield Well & Pump Company, in the amount of $817,992.30, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A4. Award the contract to the lowest responsible bidder, Metro Builders & Engineers Group, L TD, in the amount of $2,598,339.90, for the Anaheim Convention Center HV AC and Roofing Rehabilitation and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A5. Authorize the Mayor and City Clerk to execute the Quitclaim Deed conveying excess City-owned property to the adjoining property owner and accept as compensation for the City-owned property, an irrevocable offer of dedication of an easement for road and public utility purposes along a portion of Rio Vista Street. A6. RESOLUTION NO. 2003R-15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2002-00059, 125 East Commercial Street). Abandonment No. ABA2002-00059 scheduled for public hearing March 4, 2003. A7. Authorize the City's participation in separate grant applications with three community collaborations each seeking to receive $225,000 in Families and Communities Together grant funding from the County of Orange Social Services Agency; approve, as part of the three grant applications, the Community Services Department to be listed as a funded collaborative partner and to receive a total of approximately $133,000 to provide a myriad of family support services; approve the use of Community Services Department resources, including personnel, other operating, and facilities as in-kind contributions to the grant proposals totaling over 560,000 in City support; and authorize the City Manager to execute grant proposal documents, including three program summary forms and three collaborative letters listing the proposed City services included in the grant proposals. A8. Approve and authorize the City Manager to execute the Welfare-to-Work Subrecipient Agreement with the North Orange County Regional Occupational Program for implementation of a work experience program. A9. Approve and authorize the City Manager to execute the Workforce Investment Act Vendor Agreements with Anaheim Union High School District and North Orange County Regional Occupational Program for provision of youth development services under the Workforce Investment Act. 123 153 153 105 123 ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 10 A 10. Approve and authorize the City Manager to enter into a joint powers agreement for the Public Employment Services Agency. A11. RESOLUTION NO. 2003R-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the City of Anaheim and the Anaheim Police Association. A12. RESOLUTION NO. 2003R-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Firefighters Association, Local No. 2899 and the City of Anaheim. A 13. Ratify the appointment of Thomas "Hoagy" Holguin as Anaheim Union High School Districts representative to the City's Park and Recreation Commission. A14. Approve the Second Amended and Restated Joint Exercise of Powers Agreement creating the Foothill/Eastern Transportation Corridor Agency to establish the legal authority for possible consolidation of the existing transportation corridor agencies (Continued from the meeting of January 28, 2003, Item A12). Item A14 acted upon separately. Council Member Tait said that the Transportation Corridor Agency was asking for approval of the consolidation of the Foothill Eastern Transportation Corridor Agency and the San Joaquin Hills Transportation Corridor Agency. He asked to table Item A14 until Council received information that showed the benefits of consolidation and he noted he would not be in support. Council Member Hernandez informed that the Transportation Corridor Agency had the votes to move forward and said he was concerned about approving a very complex project that had potential for some fiscal downside. The Foothill Eastern Transportation Corridor would share revenue and balance out between the two agencies and would impact the revenue flow, he explained. The necessary funds would come from the Foothill Eastern Transportation Corridor to alleviate traffic congestion on the 91 and 241 Freeways and he was concerned that if there were a shortage of funds, the improvement would not go forward. City Manager Morgan clarified that the item before Council did not ask for approval of the merger and it was the first step in the process. Council had unanimously expressed concerns and staff had, in writing, expressed concerns that the City's interest not be lost in the merge, he said, and staff was prepared to do that again. Mayor Pringle noted that the action was to create a new joint powers authority between all the governments that presently participated in the two separate toll roads. He said the toll roads were a system in Orange County and even though the governments that managed them were independent governments, they shared the same staff and much of the same operational duties. If one of the agencies defaulted, cities would all share the costs, he informed. He said that Transportation Corridor Agencies had enough votes to merge and he supported the merger from an economic position and that this was the first time in California that there was this degree of private investment in any roads that ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 11 served the general public. He said if Council took the action and continued to participate in the system, the voice of Council could be heard and the City would be involved in the future expenditure of dollars since it directly affected Anaheim if one of the roads failed. This was a way to ensure that one of the roads did not fail and he asked the Transportation Corridor Agency to address the connection of the 241 Freeway to the 91 Freeway and that they spend money to ensure that the connection did not impact Anaheim hills residents. He asked that there be dollars expended to create a f1yover so that people entering Orange County from Riverside County could directly connect onto the 241 without the bottleneck to all of the other lanes on the 91 Freeway. He said that pulling away could weaken chances of being at the table to make sure that capital dollars were available for further improvements on the 241 and 91 Freeway exchange and he said he was in support of the action being requested. Council Member Hernandez said he believed that if Council voted against the request, it would not in any way vitiate the position of Council. The City would have the ability to express their opinion and would not loose any power. Council Member McCracken said it was important that Transportation Corridor Agency know that the City had taken a stand and that their credibility might be weakened by the fact that the City was not there for the amendment and for the creation of the joint powers. Council Member Tait said he believed that this should be looked at by merit and the Foothill or Anaheim corridor was bailing out the south county corridor and he said if he lived in a south county city he would vote for this since it would be in the best interest of that city and funds would be seen flowing from north to south county. Mayor Pringle noted that if one of the toll roads went bankrupt, the City would pick up the entire burden of the road, which would be 100 percent of the management costs and a greater degree of the debt and there was not a separation. He said that the agencies were not separate entities and shared the same staff, offices and internal structure. Council Member McCracken moved, seconded by Council Member Chavez, to approve the Second Amended and Restated Joint Exercise of Powers Agreement creating the Foothill/Eastern Transportation Corridor Agency to establish the legal authority for possible consolidation of the existing transportation corridor agencies. Roll call vote: Ayes - 3; Mayor Pringle and Council Members McCracken and Chavez. Noes - 2, Council Members Tait and Hernandez. Motion carried. 179 A15. ORDINANCE NO. 5849 (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. 2002-00068, 2143 West Broadway) (Introduced at the Council meeting of January 28,2003, Item A26). END OF CONSENT CALENDAR ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 12 123 A 16. Approve the upgrade planting design plans and Contribution Agreement Nos. 12- 477 and 12-478 with the State of California, Department of Transportation to assist in creating and implementing the SR-91 Corridor Landscape Master Plan. Executive Director of Community Development, Elisa Stipkovich, presented a staff report regarding the overall design for the 91 Freeway Landscape Corridor Plan. There were two action items for contribution agreements with the State of California, she said. The City Manager had created a task force in March of 2002 to develop a landscape masterplan for the 91 Freeway corridor. The task force hired Wallace, Roberts and Todd to prepare a master plan for the 91 Freeway corridor within the City limits, which was completed in December 2002. The task force worked closely with CalTrans and other entities that were involved with the freeway improvements and an overlay was prepared and was added to and enhanced projects that CalTrans was already funded for and would be doing in the City. Cathy Garcia, Wallace, Roberts and Todd, presented an overview of the plan and said that CalTrans and Anaheim had entered into something that had not been done very often and was being held up as a model throughout other CalTrans districts. She said that WRT was creating a prototype for how governments could interact in the future. WRT had looked at the entire stretch of 1-5 Freeway from the far eastern boundary and identified various CalTrans improvements as well as redevelopment projects that were taking place in the area. Various objectives of both Anaheim and CalTrans were looked at, which was to improve the visual quality along the 91 Freeway corridor to create different gateways and entry points into the City and to look at an overall landscape concept for the 91 Freeway. With CalTrans limited budget, she noted, they were not able to do exactly what the City had hoped for in terms of various different improvements. She explained that her company looked at combining both City and CalTrans resources to increase the level of planting, both in terms of the size as well as enhancements, expand areas of erosion control planting and increase the visual character of each of the visual interchanges. There were four projects identified; two of the projects had begun, which were Kraemer and Tustin and were part of an agreement approved by Council in August 2002 that set aside approximately $5,000 to enhance CalTrans projects, she informed. There were two new projects located at Weir Canyon and at State Route 55, she noted. In reviewing the Kraemer Boulevard interchange, WRT was able to increase the screening along the north side and to provide some of the gateway elements that the City had been working with along Kraemer Boulevard, bringing the improvements down to the freeway so that they could begin the notion of the City as one exit to the freeway. At Tustin, she said, the same approach was taken, bringing the colorful planting found along the streetscape of Tustin into the off ramps and entryways, as well as expanding some of the erosion control planting there. She said that the new project would be designed by CalTrans and would be added to the existing construction documents and implemented on their project. At Weir Canyon, she said, they would be planting palm and canopy trees, as well as some areas of ground cover, so that the limited amount of planting that CalTrans was installing would be enhanced to benefit the City. The second project, which was smaller, she noted, was at the 91 and 55 Freeway interchange and would increase the height of the palm trees and the spacing of them, as well as providing the additional colorful planting that would provide better interface with improvements in the City. She added that if these projects were successful, WRT could come back with additional projects in the future such as the second phase of Weir Canyon, improvements to State Route 241 and at Imperial ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 13 Highway along the Santa Ana River, at North Anaheim Boulevard and at the southern side of Kraemer. Council Member McCracken commented that some of the neighboring cities such as Orange had upgraded some of the off ramps of the 55 Freeway because Anaheim had done it and had made a difference. She said she had asked about the new soundwall that was going in from the 55 Freeway to Lakeview and that CalTrans would be working with the City on what type of artistic enhancements could be used so that it was not just a solid wall. She said she was surprised that the City of Orange had requested the salt and pepper walls down the 55 Freeway so that it was not just a blank wall and did not attract graffiti. When CalTrans started to do the planning for the type of wall to be used, the City would be asked to give an opinion and there was a concern with having blank walls without landscaping or design. Mayor Pringle said that the program was necessary and pointed to a lack of service from CalTrans. The unique aspect of a City participating with CalTrans was because CalTrans was not fulfilling the level of commitment that they should have so the City had to fill in the balance. He asked to further explore the idea of the sound wall on the 91 Freeway between the 55 Freeway and Lakeview and how to do more upfront out of their pocket. He asked that CalTrans be able to enhance that wall to begin with so that the out-of-pocket expense for the City would not be as great. Council Member McCracken moved, seconded by Council Member Hernandez, to approve the upgrade planting design plans and Contribution Agreements with the State of California. Roll call vote: Ayes - 5; Mayor Pringle, Council Members Taitt McCracken, Hernandez and Chavez. Noes - O. Motion carried. 6:00 P.M. PUBLIC HEARINGS: 137 C1. To consider a resolution authorizing the issuance, sale and delivery of multi- family housing revenue bonds for the Silver Pines Apartments a multi-family housing project and certain other actions in connection therewith. Mayor Pringle opened the public hearing and hearing no testimony, closed the public hearing. Council Member Hernandez noted that there had been an increase in the relocation item from $100,000 to $200,000 and he expressed his concern. Mayor Pringle said that during the public hearing, the applicant had discussed publicly, additional conditions that he would be willing to accept pertaining to relocation of existing residences. Director Stipkovich said that the developer had asked that the language be changed on the relocation plan regarding rent increases during the construction period and that ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 14 everything else in the relocation plan had remained the same. By approving the resolution, Council would be approving the relocation plan, she added. In response to Council Member Hernandez, Director Stipkovich stated that the developer would not be placing the money in a trust fund. It was a commitment by the developer to set aside a certain amount of money to provide benefits as indicated in the relocation plan, she explained. Mayor Pringle said that one of the agreements was an action by Council to address the percentage of units that would be considered affordable. There had been a discussion that had taken place prior to that to raise the level and ensure that there were proper resources to address the relocation costs of any individuals that did not fall within the low or very low level and to ensure that there were relocation opportunities. Director Stipkovich stated that there had been a discussion of whether there would be 100 percent or 70 percent affordable and Council had approved 100 percent. The developer was willing to increase the dollars that he would put into a relocation plan, she added. Council Member Chavez commented that this was a good faith adjustment on the part of the developer to ensure that they would have the capability to relocate families, when needed. Council Member McCracken offered Resolution No. 2003R-18 for adoption, seconded by Council Member Chavez. RESOLUTION NO. 2003R-18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the issuance, sale and delivery of multi- family housing revenue bonds for the Silver Pines Apartments a multi-family housing project and certain other actions in connection therewith. Roll call vote: Ayes - 5; Mayor Pringle, Council Members Tait, McCracken, Hernandez and Chavez. Noes - O. Motion carried. 179 C2. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04590 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Efren Gutierrez, 1750 West Lincoln Avenue Anaheim, CA 92801 AGENT: Micaela Munez, 1816 North Broadway Santa Ana, CA 92706 LOCATION: 1750 West Lincoln Avenue. Property is approximately 0.6-acre having a frontage of 140 feet on the south side of Lincoln Avenue located 640 feet west of the centerline of Euclid Street (EI Conejo Feliz Restaurant). Request to permit a public dance hall with a cover charge as an accessory use to a previously approved restaurant with on-premises sale and consumption of alcoholic beverages with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: ANAHEIM CITY COUNCIL MEETING MINUTES FEBRUARY 4, 2003 PAGE 15 Approved Waiver of Code Requirement pertaining to the minimum number of parking spaces for the restaurant expansion only (5 yes votes, Commissioners Boydstun and Koos absent). Conditional Use Permit No. 2002-04590 granted, in part, approving the restaurant expansion and denying the public dance hall (PC2002-170). (Planning Commission's decision appealed by Applicant Elizabeth Helguero) (Continued from the Council meeting of January 28, 2003, Item C1). Council Member Hernandez moved, seconded by Council Member Tait, to continue the public hearing to February 11, 2003, as requested by the applicant. Motion carried unanimously. Council Communications: Council Member Tait requested that term limits for City commissions be agendized on February 11, 2003. Mayor Pringle noted that Council Member Tait had welcomed the California Unified Public Authority convention, which was a group of government agencies that had joined the authority and their responsibility was hazardous waste disposal transportation. Council recessed to Closed Session at 6:15 P.M. Report on Closed Session Actions: None. Adjournment: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 7:05 P.M. Respectfully submitted: ~L~ JL~A4- Sheryll Schroeder, CMC/AAE City Clerk