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2005/09/13ANAHEIM, CALIFORNIA CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2005 The City Council of the City of Anaheim met in regular session on September 13, 2005 at 3:17 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob Hernandez and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on September 9, 2005 at the City Hall exterior bulletin board. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Mayor Pringle moved to closed session for the following items: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: City of Anaheim v. Angels Baseball, LP, et al., Orange County Superior Court Case No. 050001902. 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Small v. People of the State of California, etc., et al., Orange County Superior Court Case No. 050006368 (and four related actions). 3. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code) Number of potential cases: one or more. Existing facts and circumstances: significant land movement and property damage to the properties located at 357, 365 and 373 Ramsgate Drive; 4039 and 4043 Circle Haven Road, 4033, 4039 and 4045 Maple Tree Drive. 4. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code) Number of potential cases: one or more. Existing facts and circumstances: believed not yet known to potential plaintiffs 5. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Dave Hill Employee organization: Anaheim Firefighters Association, Local 2899 ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 2 6. PUBLIC EMPLOYMENT (Government Code Section 54957) Title: City Treasurer 7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: City Manager, City Attorney, City Clerk, City Treasurer 8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Agency negotiator: Dave Morgan Negotiating parties: City of Anaheim and National Football League Under negotiation: price and terms Council returned to open session at 5:30 P.M. Invocation: Council Member Galloway Flag Salute: Mayor Pro Tem Chavez Recognitions: Proclaiming September 17-23, 2005, as Constitution Week Pat Balen accepted the proclamation on behalf of the Mojave Chapter of the National Society of the Daughters of the American Revolution, remarking it was the 218th anniversary of the signing of the Nation's Constitution Acceptance of Other Recognitions (To be presented at a later date): Recognizing the Masonic Lodges of California and Anaheim Lodge #207, which Ron Maxwell accepted. Recognizing Mamma Cozza's Restaurant on its 40th Anniversary 5:00 P.M. -CITY COUNCIL ADDITIONS/DELETIONS TO THE AGENDA: Item 10 removed from the agenda by staff PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): William Fitzgerald, Anaheim HOME, commented on a recent news article related to police departments in Orange County, pointing out the need for additional Anaheim officers to decrease response times. Joe Honescko, Director of Downtown Anaheim Association announced the 4th annual Fiesta Patrias to be held this coming weekend on Anaheim Boulevard/Center Street Promenade and invited the community to attend. Pastor Roy Valverde, Victory Outreach Church of Anaheim, announced an event being held at Pearson Park on the 25th of September at 6 p.m. promoting an anti-gang and anti-drug message. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 3 He explained the serious nature of the posters advertising the event was designed to reach youths who may be involved in gangs or substance abuse. Kathy Wills, representing Peralta Hills residents, inquired if there was a plan for undergrounding utilities in her area and if so, asked what the anticipated date for the project was in her area. Mayor Pringle referred her to Marcie Edwards, Public Utilities Department, to explain the details of the plan. James Robert Reade related police complaints. Judith Serafini, resident and Vista volunteer, thanked Council for establishing the Affordable Housing Strategic Plan and for creating the Motel Families task force, stating she looked forward to working with staff, service providers, motel owners and other agencies to come up with a comprehensive plan of action that would impact motel families in a positive way. Dr. Richard Weber, spoke of the loss of quality of life in his neighborhood citing the lack of parking for the apartments north of Wakefield Avenue which impacted his neighborhood by drivers parking overnight or parking for days at a time and asked Council to consider restricted or no overnight parking on the Anaheim side of Simmons Avenue. After some discussion, Mayor Pringle referred Dr. Weber to John Lower, Traffic Engineer. Council Member Chavez remarked he knew the area and that the apartments in that neighborhood had no street parking as the intent had been to decrease crime by restricting on-street parking in that neighborhood; remarking it might now be time for the Police Department to re-evaluate that area and consider allowing some on-street parking. Paul Andreason, Anaheim Family YMCA, announced a "Fit and Fun Family Day" event at Anaheim High School on Saturday and invited the community to attend. Dean Kuklodis, Housing Alliance of Orange County, thanked Council for adopting a plan to provide affordable housing stating efforts would improve the lives of those families living in Anaheim motels. Alma Ramirez commented on the justice system. Darlene Powell, West Anaheim resident, thanked Council for committing to a plan for developing affordable housing, indicating she worked for the Mental Health Association and had worked with individuals residing in motels and hoped to be involved in the motel families concerns. CONSENT CALENDAR: Item 10 had been withdrawn by staff. Council Member Galloway requested Items 6 and 32 be removed from the Consent Calendar for further discussion; Council Member Sidhu removed Item 24. Mayor Pringle abstained on Item No's. 6, 7, 8, 9, 10, 11 and No.13 due to a possible conflict of interest. Council Member Chavez moved approval of the balance of the Consent Calendar Items 1 - 38, seconded by Council Member Sidhu to waive reading in full of all ordinances and resolutions and to approve the following in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. 1. Receive and file the minutes of the Park and Recreation Committee meeting held July 27, 6105 2005. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 4 2. Review the need for continuing the Proclamation of the Existence of a Local Emergency by D175 the Director of Emergency Services of the City of Anaheim issued on February 9, 2005, and the subsequent orders issued pursuant thereto, concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. 3. Review the need for continuing the Proclamation of the Existence of a Local Emergency by D175 the Director of Emergency Services of the City of Anaheim issued on July 28, 2005, and the subsequent orders issued pursuant thereto, concerning the discovery and disposal of certain fireworks and other explosives in the La Palma Park area in the City of Anaheim, and, by motion, terminate the local emergency. 4. Accept the low bid of Dymec, Inc., in an amount not to exceed $172,827, for Dymec D180 network components for the Public Utilities Department as required, for a period of one year with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6637. 5. Reject bids submitted for the Harbor Boulevard and Katella Avenue intersection D175 improvements in the Anaheim Resort Maintenance District. 7. Approve the Agreement for Acquisition of Mobile Home and Improvements with Frank 3649 Armano, in the amount of $15,500, for one mobile home located at 1844 South Haster Avenue, Space No. 8, for the Gene Autry Way (West)/I-5 Freeway Highway project. Mayor Pringle abstained. 8. Approve the Agreement for Acquisition of Mobile Home and Improvements with Juan 3650 Ramirez and Maria Vasquez, in the amount of $18,600, for one mobile home located at 1844 South Haster Avenue, Space No. 10, for the Gene Autry Way (West/I-5 Freeway Highway project. Mayor Pringle abstained. 9. Approve the Agreement for Acquisition of Mobile Home and Improvements with Rosa 3651 Alvarez and Oscar Banos, in the amount of $23,100, for one mobile home located at 1844 South Haster Avenue, Space No. 13, for the Gene Autry Way (West)/I-5 Freeway Highway project. Mayor Pringle abstained. 10. Approve the Agreement for Acquisition of Mobile Home and Improvements with Ted and 3652 Pauline Arroyos, in the amount of $18,800, for one mobile home located at 1844 South Haster Avenue, Space No. 22, for the Gene Autry Way (West)/I-5 Freeway Highway project. Withdrawn by staff, no action taken. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 5 11. Approve the Agreement for Acquisition of Mobile Home and Improvements with Carla 3653 Polakowski, in the amount of $24,700, for one mobile home located at 1844 South Haster Avenue, Space No. 26, for the Gene Autry Way (West) I/5 Freeway Highway project. Mayor Pringle abstained. 12. Approve the Agreement for Acquisition of Mobile Home and Improvements with Francisco 3654 Trejo, in the amount of $19,100, for one mobile home located at 1949 South Manchester Avenue, Space No. 8, for the Gene Autry Way (West)/I-5 Freeway Highway project. 13. Approve the Agreement for Acquisition of Mobile Home and Improvements with Wanda 3655 Jones, in the amount of $10,800, for one mobile home located at 1835 South Manchester Avenue, Space No. 16, for the Gene Autry Way (West)/I-5 Freeway Highway project. Mayor Pringle abstained. 14. Approve the Temporary Construction Easement Agreement with Richard A. Bastrup, in the 3656 amount of $2,200, for property located at 2413 East Lincoln Avenue for the State College Boulevard to Sunkist Street widening project. 15. Approve the Acquisition Agreement with Elsie Bastrup and Harold Bastrup, in the amount of 3657 $6,000, for the purchase of real property located at 148 South Paradise Lane for the State College Boulevard to Sunkist Street widening project. 16. Approve the Acquisition Agreement with Jose Ezequiel A. Campa and Veneranda U. 3658 Campa, in the amount of $6,100, for the purchase of real property located at 2326 East Paradise Lane for the State College Boulevard to Sunkist Street widening project. 17. Approval of the Final Map and Subdivision Agreement of Tract No. 16632 with Shivam 3659 Investments, LLC for property located at 375 Mohler Drive. 18. Approve the Final Map and Subdivision Agreement of Tract No. 16803 with Phuc Huynh for 3660 property located at 331 East Simmons Avenue. 19. Approve an Amended and Restated Easement Agreement with 2401 Katella, LLC to 1600 terminate a parking area license agreement, which adversely affects their property located at 2401 East Katella Avenue. 20. Approve the annual services agreements with LaBelle Marvin, Inc. and Dynatest 1601 Consulting, Inc., in an amount not to exceed $100,000 annually, per contract, for the 3661 pavement testing on an "on-call as required on a short notice" service for public works improvement projects. 21. Accept National Emergency Grant funds from the State Employment Development D129 Department for cleanup, repair and restoration efforts to public facilities and infrastructure damaged by the December 2004-January 2005 storms disaster and increase revenue and expenditures by $315,137. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 6 22. Approve and authorize the City Manager to execute an agreement with the North Orange 1431 County Regional Occupational Program for the provision of youth development services under the Workforce Investment Act. 23. Approve an Agreement to accept grant funds, in the amount of $56,702, from Western 3195 Youth Services as part of the County of Orange's Families and Communities Together Program to provide services that promote safe and stable families and reduce child abuse. 25. Approve the Plumbing Utility Agreement with Edlen Electrical Exhibition Services of 3662 California, Inc. to provide various plumbing services, on anon-exclusive basis, to persons at the Convention Center who require such services in connection with events. 26. Approve the 2006 Health and Welfare Plan Rates and authorize the Human Resources D154 Manager to execute all required renewal documents on behalf of the City. 27. RESOLUTION NO. 2005-178 RESOLUTION OF THE CITY COUNCIL OF THE D116 CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Intergovernmental Relations Division). 28. RESOLUTION NO. 2005-179 RESOLUTION OF THE CITY COUNCIL OF THE CITY P124 OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed No. 10864). 29. RESOLUTION NO. 2005-180 RESOLUTION OF THE CITY COUNCIL OF THE CITY P124 OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10865 and 10866). 30. RESOLUTION NO. 2005-181 RESOLUTION OF THE CITY COUNCIL OF THE CITY P124 OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10868 and 10869). 31. RESOLUTION NO. 2005-182 RESOLUTION OF THE CITY COUNCIL OF THE CITY P110 OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA2005-00114, 1041 Shepard Street). Public Hearing scheduled October 11, 2005. 33. ORDINANCE NO. 5988 (ADOPTION) A UNCODIFIED ORDINANCE OF THE CITY 1553 OF ANAHEIM authorizing an amendment to the contract between the City of Anaheim and the Board of Administration of the California Public Employees' Retirement System (Introduced at the Council meeting of August 23, 2005, Item #37). 34. ORDINANCE NO. 5990 (ADOPTION) ORDINANCE OF THE CITY OF ANAHEIM M142 amending Section 14.30.030 of Title 14 of the Anaheim Municipal Code relating to the solicitation of vehicle occupants (Introduced at the Council meeting of August 23, 2005, Item #39). ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 7 35. ORDINANCE N0. 5991 (ADOPTION) ORDINANCE OF THE CITY OF ANAHEIM C280 AMENDING the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2004-00136, (221 and 311 North Beach. Blvd) (Introduced at the Council meeting of August 23, 2005, Item #40). 36. ORDINANCE N0. 5992 (ADOPTION) ORDINANCE OF THE CITY OF ANAHEIM (i) 3639 approving Development Agreement No. 2005-00007 by and between the City of Anaheim and 1331 East Katella Development Company and East Katella Partnership, {ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement for and on behalf of the City (Introduced at the Council meeting of August 23, 2005, Item #46). 37. Find and determine that the previously-certified Final Environmental Impact Report No. 331, C300 including a Statement of Findings of Fact and Statement of Overriding Considerations and Mitigation Monitoring Program No. 137, as revised to add Mitigation Measure 6-9, and amend Mitigation Measures 6-2 and 7-2, is sufficient to serve as the environmental determination for this action. ORDINANCE N0. 5993 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Amendment No.1 to the Mountain Park Specific Plan No. 90-4). ORDINANCE N0. 5994 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.112 to Title 18 of the Anaheim Municipal Code relating to zoning and development standards. 38. Approve minutes of the Council meeting held August 23, 2005. END OF CONSENT CALENDAR 6. Approve the Agreement for Acquisition of Mobile Home and Improvements with John and 3648 Lisa Lopez and Lanny Cordola, Successor Trustee, in the amount of $21,000, for one mobile home located at 1844 South Haster Avenue, Space No. 7, for the Gene Autry Way (West)/l-5 Freeway Highway project. Thanking staff for the sensitive handling of families being relocated due to the Gene Autry project, Council Member Galloway remarked there had been several mobile home acquisitions on the consent calendar and she had visited some of the families being displaced consistently finding those families were treated kindly by City staff and felt they were being offered fair compensation for their residences. To emphasize the need to replace affordable housing such as the three mobile home sites affected by the Gene Autry improvements, she was told while the mobile home owners understood why they were being displaced, they would have preferred to live in Anaheim but were relocating in order to purchase a residence of equal value. The Gity Manager commented the policy Council adopted for affordable housing included a provision that any affordable units coming off line would be added to the target goal to make sure the City moved forward in terms of providing affordable housing. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 8 Council Member Galloway moved to approve Item No. 6, seconded by Council Member Sidhu. Roll Call vote: Ayes - 4; Council Members: Chavez, Galloway, Hernandez, and Sidhu. Noes - 0. Abstention -1; Mayor Pringle. Motion Carried. 24. Approve and authorize the Community Services Director to execute license D150 agreements, as use for Master Agreements, with individual telecommunication carriers for the purpose of constructing and operating cellular facilities within City parks, authorize de minimus changes that do not substantially change the terms and conditions, so long as such changes are determined to be de minimus by the City Attorney, and authorize the Risk Manager to approve changes, as he may deem appropriate to the indemnification and insurance provisions of the Master Agreement. Mr, Morgan disclosed that in working with a variety of telecommunication carriers, it became clear that each of the firms had their own standards and agreements and that it made sense to develop a master agreement for uniformity. Council Member Sidhu asked who the carriers were and how staff arrived at the $2,000 per month lease fee. Terry Lowe, Community Services Director, indicated the City had a current relationship with Verizon at two locations within the City and staff had discussed sites with Sprint, Nextel, T- Mobileand Cingular. He stated information taken from a statewide survey of cellular site lease fees varied from $1,000 per month up to $2,700 per month and staff felt the $2,000 figure appeared to be reasonable compared to other cities in the region. He noted that the terms of the master agreement had been shared with all the vendors and some comments had been received back and incorporated into the agreement, remarking that no comments had been received related to proposed lease fees. Since the carriers were providing a service to Anaheim customers, Council Member Sidhu was of the opinion a fee of $5,000 per month should have been considered to bring additional revenue back to the Parks and Recreation operations. Mr. Morgan added staff maintained the citizens and businesses wanted services provided by the carriers and did not want to price the City out of the market, and determined the $2,000 lease fee was reasonable. Council Member Sidhu asked how many locations had been identified and Mr. Lowe responded that his department was currently negotiating for seven locations identified throughout the Gity as optimal for phone companies although each site could contain multiple carriers. Mayor Pringle advised he had asked the Community Services Department to look into the idea of placing cellular antennas on existing light poles within City parks rather than have unsightly cell towers constructed elsewhere or to be mandated by the Public Utilities Commission to erect cell towers in public right-of-ways. He had observed that most cities struggled to keep ce11 towers out of their cities, and was also aware the PUC was limiting municipalities' ability to restrict those sites. He felt this method provided a creative way to locate antennas without visual impacts and earn lease dollars and commented the only modification he had to the agreement was to ensure those enterprise dollars stayed in the parks in which the benefit was provided. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 9 Council Member Sidhu moved to approve Item No. 24 as modified, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried 32. RESOLUTION NO. 2005-183 RESOLUTION OF THE CITY COUNCIL OF THE D160 CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim to the California Endowment, for the Communities-First Program to fund the establishment of the Anaheim Family Justice Center, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2005-06 accordingly. Chief John Welter reported a grant request was proposed for submittal to the State in the amount of $550,000 with the funds being used to establish a family justice center. The California Endowment, he stated, was requesting the City match those funds and/or treat this as a challenge grant meaning the City would be expected to match dollar for dollar and some other contribution. He explained the family justice center was a concept in which a number of services would be brought together in one location, under one roof, to be staffed by representatives from a wide variety of public and private agencies to prevent and respond to domestic violence, child abuse, elder abuse, and sexual assault. He emphasized the efficiency and effectiveness of collaborative efforts would provide for better case management and better servicing of the victims and families of violent crimes ensuring families would have access to the services and resources they needed. The facility would be located off-site of the police compound as victims seemed to do better in that type of environment but at a minimum, detectives from family crimes detail and sexual assault would be located there along with an assistant city attorney, deputy district attorneys, probation officers, community services programs, child protective services and adult protective services . He reported first year costs would be about $1.4 million in new funding plus existing departmental funding and personnel. He spoke of the successes of family justice centers, remarking that San Diego had over 600 walk-ins a month to their new center. Chief Welter anticipated the total cost including Police Department personnel and resources would be $3.9 million for start-up and $1.6 million for the second year. Council Member Galloway remarked that in working with victims of child abuse and violence, she knew it how important it was to have access to a one-stop place for help. Council Member Chavez congratulated the department in moving forward with the family justice center and believed it would make a difference in saving lives. Council Member Hernandez asked for specifics on the grant funds. Chief Welter responded the cost would depend on how the program was set up and what kind of lease space was utilized. He explained staff was looking at a particular site and was in the process of hiring a consultant to develop a strategic plan, pointing out the rough cost estimates was $1.4 million of new funding and $2 million of in-kind funding from the Department. He would also be asking for a deputy city attorney for which funding would be needed and then bring in other partners. He noted that verbal support had already been received from other agencies and that Orange County Family Violence Council would be taking official action this week to participate in the Justice Center. Council Member Hernandez asked if there were guidelines on how the City would participate with other agencies in terms of recompensation. Chief Welter remarked the City would be initiating the Justice Center but that other agencies would be providing in-kind personnel, and that he also planned on developing part of the City's volunteer program to assist. He ended by stating it had ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 10 been his experience that if violence could be prevented in the home, it would go a long way toward prevention of violence in the street, and money spent on the prevention side, would reduce funds spent on the reaction side. Council Member Galloway moved to approve Resolution No. 2005-185, seconded by Council Member Chavez. RESOLUTION N0.2005-185, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim to the California Endowment, for the Communities-First Program to fund the establishment of the Anaheim Family Justice Center, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2005-06 accordingly. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried 39. Consider an appointment to the Senior Citizen Commission, term to expire June 30, 2008. B105 (Henry De La Mora) Council Member Galloway nominated Joan Holmes and with no other nominees offered, Ms. Holmes was unanimously appointed. 40. Discussion/presentation relating to traffic issues within the East Anaheim area D160 and response times. Mr. Morgan stated there were two presentations to be given in response to requests by Council with the first presentation involving traffic and concerns related to Nohl Ranch Road and the recent traffic fatality occurring there. The second presentation would address County police statistics reported in an article by the Orange County Register. Chief Welter indicated at the last Council meeting, Council Member Sidhu had questions on the recent traffic fatality which occurred on Nohl Ranch Road; whether that stretch of the road was dangerous and what the Department was currently doing in that area as well as what was planned for the future to prevent such accidents. Chief Welter reported the accident had occurred on August 14th at 2:00 A.M. and that two young men who did not live in the area, entered a vehicle belonging to an uncle not home at the time and proceeded to drive the 2004 Ferrari "non-street legal" race car. He confirmed the vehicle, which was not designed to be driven on streets, entered Nohl Ranch Road traveling over 85 miles per hour and from the time it took the vehicle to enter the roadway to the crash site, only 20 seconds had elapsed. He explained that typical of a race car, the steering on the vehicle was extremely sensitive and it took very little to overcorrect a turn. He remarked the accident was tragic, but was viewed as non-preventable. Providing general statistics, the Chief reported Nohl Ranch Road was classified as a secondary arterial highway and was intended to take from 10,000 to 20,000 vehicles per day. The segment of the roadway related to the accident handled about 7,100 vehicles a day and the speed limit was posted at 40 miles per hour. The Chief explained how Public Works determined the speed limit for that area and how traffic accidents were calculated statistically. In comparing that roadway with similar streets in Anaheim, Nohl Ranch Road was 73 percent of the average and ranked 344th of ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 11 the 415 Anaheim Streets in terms of accidents, meaning it had one of the lowest accident frequency rates for those 415 streets. Finding that unsafe speed accounted for the largest percentages of accidents throughout the City, Chief Welter stated the Department issued 150 enforcement citations on Nohl Ranch Road between January and June of 2005. In addition, staff had worked with traffic engineering for solutions to slow down traffic, such as signage, painted warning messages in the roadway warning of intersections ahead and had also worked with urban forestry to ensure signs were visible. The Department also submitted a grant to purchase speed radar signs to the Office of Traffic Safety however the grant had not been awarded. Future responses, Chief Welter stated, would continue motorcycle and traffic patrol enforcement, engineering and education efforts, and increasing the number of high school presentations related to unsafe driving speed and alcohol. He also planned to increase staff as patrol team response times improved in that area. Recently, he pointed out, the Office of Traffic Safety awarded a grant of $668,000 to fund ten high school programs, 18 DUI saturation patrols, 8 DUI checkpoints, two officers for DUI patrol and 25 automated citation writers. In addition, the Department would purchase the speed radar signs with one of the first locations of use to be Nohl Ranch Road, remarking the signs were removable and information could be downloaded remotely so the Department could view speed, time, day and also determine peak times when speed was occurring to help with the deployment of enforcement officers. He added that Garden Grove Police Department had found there was a 22 percent reduction in speed when they used these types of signs. He ended his report by stating the August 14th accident, while tragic for the families involved, was the result of poor decision making by youthful drivers. His Department would continue to target high school education and continue to pursue technologies to raise awareness of the speed on Nohl Ranch Road. Council Member Sidhu asked in what time frame did most of the accidents occur and in the August 14th accident was drunk driving involved; Chief Welter responded he would provide that information to Council and that the lab results from the accident had not yet been received; however, he believed the speed and type of vehicle was what caused the fatality. Council Member Sidhu asked for additional data as he had been receiving requests from his neighbors to do something about the accidents occurring on the roadway. Mr. Morgan added that with the new speed radar signs in place, the type of data needed would be collected and patterns of speeding could be determined. Chief Welter added once the grant funds were received, the radar signs would be purchased at a cost of $6,500 each and installed. Council Member Hernandez remarked the Department could do everything possible to make the streets safe, but it would not be possible to overcome speeding drivers or faulty equipment. Both Mayor Pringle and Council Member Galloway remarked the recent accident had been a lethal mix of a youthful driver going 85 miles per hour in a race car not designed for street use, and that no mechanism could have been in place to prevent the accident. Mayor Pringle referenced an Orange County news article had reported police agency statistics in the County and Chief Welter had been asked to apprise Council of current operations and how departmental resources had been utilized. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 12 Chief Welter provided specifics of the Orange County Register article in which police agencies throughout the County were compared in a number of areas and given ratings of four, three, two or one stars. He remarked while Anaheim had rated best in a number of elements, the response times given were a concern. The Chief indicated social, economic, political and geographical differences between cities had not been factored into the Register study, nor was Anaheim's huge tourism population a consideration. In addition, the pointed out methods used by each agency to capture, record and report statistics were not standardized and may not have been similar for comparison studies acknowledging the Register had recognized comparing response times from city to city could be difficult. In Anaheim's case, he explained calls for service were managed by an outdated computer aided dispatch (CAD) system and Anaheim's ranking of one of the lowest in the County at 9 minutes 12 seconds might not be accurate. He remarked that many times due to the nature of Priority One calls, two or three officers could be dispatched to that call and officers in the field would also volunteer to respond but the CAD system would only record the arrival time of the unit dispatched to the call. The new CAD system which would be in place by the end of the year would capture the time of the first unit on scene which would stop the clock to show someone was on scene rendering first aid or dealing with a suspect threatening someone's life. Even with the current system, Chief Welter stated the Department had now hired over 30 police officers with more to come which would make a positive impact on response times. He noted it would be another year until the Department would be able to deploy the budgeted 380 officers. He pointed out Anaheim was rated as best in the County for violent crimes clearance as well as property crime clearance rates and ranked second, but well over the average, for burglary clearance rates, although property crime itself showed an increase. He felt this was because the department encouraged filing reports on all crimes and utilized officers, civilian personnel and on- line reporting to make that happen. Future plans included modifying the 3/12 shift at the start of the new year to allow officers to move to peak times. In addition, the new CAD system contained a global positioning system which would ensure communications personnel would know each unit assigned to an area. Also, traffic and motor officers were sharing responsibility for responding to Priority One calls and police service representatives were now taking non-injury traffic reports instead of patrol officers. He stated the Department was looking for every opportunity to divert routine calls away from patrol officers so they could respond to the more serious crimes and the priority calls. He also discussed additional strategies that would be examined such as using detention facility officers to transport prisoners to free up officers and would look for opportunities in the next year to provide more civilians to support the PD. Council Member Hernandez remarked this was a good opportunity to issue an invitation to the public to learn more about the Police Department by taking aride-along with some of the officers. PUBLIC HEARINGS: 41. A public hearing to consider the adoption of an ordinance and resolution relating to sewer M142 impact and improvement fees for the west City area. ORDINANCE NO. 5995 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 10.12 of Title 10 of the Anaheim Municipal Code establishing ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 13 a sewer impact and improvement fee for new and expanded development in the west City area. RESOLUTION NO. 2005-184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding a sewer impact and improvement fee for the west area of the City of Anaheim. Russ Maguire, Deputy City Engineer, informed Council that in May of 2004, with the adoption of the Zoning Code and General Plan update, Environmental Impact Report 330 recognized the change in increased zoning had impacts on utilities, including the sanitary sewer system. The Public Works Master Planning Programs undertook the study of the western Anaheim area and Council adopted the West Anaheim Master Plan of Sewers in March of 2005. As a follow-up to the Master Plan, Mr. Maguire stated staff had updated the Financial Implementation Plan for West Anaheim addressing the needs for development-related type of sewer impacts and recommended ways to address those impacts. The financial plan explored all potential funding sources and concluded the most appropriate one was a sanitary sewer impact and improvement fee that would address development-related needs on an on-gong basis. This fee as proposed was consistent with the environmental document for the General Plan update and its mitigation measures. He pointed out the fee only applied to new or expanded development and did not apply to any existing development. He commented even if a property owner had a certain number of units on the property and redeveloped that property; credit was given for the number of units originally built. The same concept applied to square footage for commercial development. Mr. Maguire explained the ordinance and resolution would give staff a vehicle to work with the development community in crediting, reimbursing, construction or a combination of those methodologies to assist them in moving forward with development which was now hampered by the availability of programs to address sanitary sewer issues in that area. Staff recommended adoption of the ordinance and resolution. Mayor Pringle requested clarification on the four rate zones. Mr. Maguire responded the purpose of the different zones was based upon the proximity to current major sewer trunk lines so the cost of putting in a new system would be based upon where those systems would be connected. Council Member Sidhu asked how fees were currently charged and the response was if a developer came in and had an impact on the sewer system, the developer would be conditioned to build the entire sewer, which sometimes made the development impractical and costly. With this fee schedule in place, the developer would know what the fair share was, and if the City had fees available, the developer would be reimbursed at that time. If there were not enough fees available, the developer would get an agreement and as fees came in from the entire west area, the developer would be reimbursed. Council Member Hernandez asked how the fees would be applied. Mr. McGuire responded only the net increase in units or square footage would be subject to the fees. If a property had a single unit on it and the owner wanted to construct a duplex, the property owner would get credit for the one unit and only pay fees for the new unit. Mayor opened the public hearing and receiving no testimony, closed the hearing. Council Member Hernandez moved to approve RESOLUTION NO. 2005-184 and introduce ORDINANCE NO. 5995, seconded by Council Member Galloway. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 14 RESOLUTION NO. 2005-184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding a sewer impact and improvement fee for the west area of the City of Anaheim. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried 42. CONTINUED PUBLIC HEARING: N350 CEQA MITIGATED NEGATIVE DECLARATION RECLASSIFICATION NO. 2003-00109 VARIANCE NO. 2004-04626 TENTATIVE TRACT MAP NO. 16545: OWNER: Red Curb Investments, P.O. Box 995, Torrance, CA 90508 AGENT: Thomas Hartley, 25971 Arriba Linda, Laguna Niguel, CA 92677 LOCATION: Property is approximately 53 acres, having a frontage of 190 feet at the terminus of Avenida de Santiago, located 260 feet west of the centerline of Pointe Premier. Reclassification No. 2003-00109 -Request reclassification of the property from the T (SC)(Transition; Scenic Corridor Overlay), formerly the RS-A-43,000(SC) (Residential/Agricultural; Scenic Corridor Overlay) zone to the RH-2(SC) (Single-Family Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic Corridor Overlay) zones. Variance No. 2004-04626 -Request waiver of required private street standards to construct a private residential street without sidewalks or parkways. Tentative Tract Map No. 16545 -Request to establish a 28-lot, 21-unit detached single- family subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Negative Declaration approved (5 yes votes, Commissioners Romero and Velasquez absent). Reclassification No. 2003-00109 granted (PC2004-113). Variance No. 2004-04626 granted (PC2004-114). Tentative Tract Map No. 16545 approved. (Continued from the Council meetings of November 16, 2004, December 14, 2004, January 11, 2005, January 25, 2005, March 1, 2005, March 29, 2005, April 12, 2005, May 10, 2005, June 7, 2005, July 12, 2005, July 26, 2005, and August 23, 2005). Mayor Pringle informed the public this item had been heard and continued several times and Council had listen to prior staff presentations on the development as well as the public hearing comments for at least two hearings. Sheri Vander Dussen, Planning Director, reported the Planning Commission had approved the residential subdivision for the western end of Avenida de Santiago last October and the development had been scheduled for Council hearing last November and continued for ten times to allow the applicant to submit a water collection system. She indicated the applicant was requesting three actions: approval of a reclassification, approval of a tentative tract map to develop a 21-unit detached single family residential subdivision and a variance to waive required sidewalks. She explained the Planning Commission's decision had been appealed to the Council by the Hidden Canyon Homeowners Association and the Board of Directors of the Santiago Geologic Hazard Abatement District (GRAD), based on geological issues related to groundwater and slope stability, fire access, increased traffic, and environmental impacts to native plants and wildlife. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 15 Ms. Vander Dussen further stated Council had advised the applicant, on July 12, 2005, to provide additional detail and further discuss the liner system proposal with the geologist representing the appellant. She informed the applicant, staff and consulting engineers and geologists had met in August to discuss the technical aspects of the water collection system and possible modification to the proposed conditions of approval. All of the parties, she noted, had agreed to the modified conditions, but she understood there could be some revised testimony on this issue during this hearing. Ms. Vander Dussen ended with the statement staff continued to recommend approval of the development as conditioned and felt the variance was consistent with the rural character of the existing neighborhoods. Staff also believed the conditions as amended adequately addressed the groundwater and slope stability concerns raised by the appellants. Mayor Pringle opened the public hearing. Tom Hartley, applicant, stated the project had undergone a slope stability analysis a year ago which showed the site to be considered suitable for development and that criteria had been established for grading a year ago as well, but that all of those issues would be revisited as the development moved forward to the grading plan stage. He understood the water collection system was most important to all involved remarking the engineers had gotten together in numerous meetings and pounded out acceptance criteria for the water system. He indicated he had read the criteria and accepted it, was committed to it and satisfied that the geologists had agreed they could work together in the design stage and formulate a grading plan acceptable to all. He pointed out even though the Tentative Tract Map was approved, there would still be additional opportunity for a public hearing on the grading plan; the approval of the tract map did not allow him to grade but allowed him to go forward with the detailed design phase. With no other speakers in support of the project, Mayor Pringle asked for those in opposition to speak. Mary Lou Meyer-Sherrill stated she lived below the proposed development where the underground water pumps were installed after the 1993 slide. She had noticed her house creaking but had assumed it was ground settling until she found out there had been along-term leak in the pipes in front of her house which was only discovered when it became noticeable above ground. She was fearful of additional water leaking into the hillside and opposed the development as she did not feel 100 percent sure the water collection system would work and protect the existing homeowners. Mark McCarty, engineering geologist with GRAD, was of the opinion the engineers and geologists had done the very best that could be done with the conditions of approval but he felt they were not perfect and adjustments would have to be made as problems occurred. He also felt the tentative tract stage should have answers to potential fatal flaws which might occur and how those flaws would be mitigated. The third issue, he had, was to how the developer approached these concerns which Mr. McCarty felt was to offer resistance every step of the way. Dan Mills, resident, urged Council not to contemplate building more homes on already unstable land. Dr. Mike Campbell, resident living below the proposed development, was not convinced the development would not negatively impact surrounding neighborhoods, remarking it was not wise to make assumptions about nature. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 16 Jeff Turner, resident and board member of GRAD, stated the applicant did not provide documentation that he could make that hill stable and that groundwater would not activate the landslide area. Mayor Pringle pointed out there had been no proof of a present or past slide in the area proposed for development but that the concerns had been how the water moves on the property and how it could be captured and drained so that it did not impact the slide area in adjacent property. Mr. Turned responded the City Engineer indicated water from the development would travel straight down the hill under the slide area. Mayor Pringle added that had also been discussed and a liner had been proposed or some other method to capture that water and move it so it did not drain in the slide area as well as putting in monitoring wells for the purpose of making people aware of the water movement and to pump it if needed. He added that now a set of criteria had been established, not a product, and there was a set of conditions that the applicant, GHAD and the City had participated in developing and the City would not issue permits until conditions were met. Mr. Turner acknowledged that criteria had been established but that the developer had nothing proposed to meet those criteria. Mayor Pringle asked staff what types of liners would meet the present criteria and was it the additive the developer proposed at the last hearing. Natalie Meeks, Public Works, responded staff was not going with the SS13 additive initially proposed by the developer but was going with the more conventional liner. She emphasized there was a lot of work to be done and staff recommended that the developer be given tentative tract map approval which would allow him to start the design of the grading plan and make additional expenditures with some guaranty if he meets the criteria, he would be able to get a grading plan and tract map approval. She emphasized he would not be able to get a grading plan without another public hearing through the Public Works Department and he could not get a building permit until final map approval by the City Council. Rick Farano, claimed the Geological Hazard Abatement District did not think the water collection system would work and believed the developer should meet the minimum criteria before Council took any action and recommended Council listen to the experts providing testimony. Kathleen Johnson, president of Hidden Canyons HOA, opposed the project as the homeowners did not feel comfortable that the proposed mitigation measures would safeguard their homes. Chris La Marka, vice chairman of GHAD, spoke against the project, stating there was no precedence for liners to be used on slopes to prevent landslides, pointing out the application was experimental and appropriate well locations could not be determined until the water began flowing into the area. In addition, he cited the lack of funds to ensure operation of the long-term water monitoring well system. Kathy Perez, resident two houses below property abandoned because of the past landslide, spoke as a concerned neighbor, remarking the development was questionable and asking Council not to take chances. Terry Grant, Lakewood Dr, remarked Council should do the right thing and that it was neither the time nor the place to build this development. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 17 Larry Moskas, GRAD board member, remarked the developer had proposed nothing new and believed he should provide a design backed by scientific data and engineering analysis that the plan would work before approvals were given. Gail Richards, resident on Georgetown Circle, spoke of the fear she felt when asked to vacate her home due to a landslide in 1993, and requested Council protect the homeowners from future impacts. Monty Veraquist, resided directly west of the proposed development, and stated he and his neighbors had just completed the modification to his hillside before the rains came, a project that cost each resident $3,500 and pointing out the modification did not take into account what this developer proposed and its future impacts. Jeff Jones, indicated he had questions as to the type of liner to be used and would like to have that information available at some point. John Moskas, resident on the northern edge of the 1993 landslide, opposed further development asking Council not to take a chance that groundwater from the new development would cause a another slide. Nancy Moskas, commented that when the first slide occurred, homes in the neighborhoods could not sell, even if the structure had been unaffected by the slide and disclosure of the landslide condition had to be made during a sale. She recommended Council read the numerous articles on how, when and why the slide occurred and it would be clear why the neighborhood was afraid of new development in that area. With no other testimony given, Mayor Pringle closed the public hearing and invited the applicant to rebut testimony. Tom Hartley stated the design process would guaranty the public their concerns would be met and that the criteria established in the conditions of approval was a product of the engineers and geologists. He pointed out the GHAD geologist would be a participant in the continuing process and that all the experts had agreed on the criteria and conditions and had delivered that agreement packet to him. He stated when the design was done, detailed criteria would be provided and the grading and the design plan would be up for public review. Mr. Hartley indicated he would commit to meeting with neighbors to explain the process that would guarantee their personal security. Mayor Pringle asked Mr. McCarty to share his professional perspective that if the set of criteria was met, would there be the proper degree of security for the development. Mr. McCarty stated he and others had worked very hard to come up with that criteria and he was happy with it and felt it was good criteria. He noted that in a normal situation, criteria would be fairly well understood and easily established and would be based on experience. This development, he remarked, was unique and the criteria established was their first stab at a solution and the engineers and geologists did not have the advantage of years of experience, and he believed it had limitations. Mayor Pringle asked about the liner that was recommended by Mr. McCarty in the previous hearing. Mr. McCarty indicated the only system he knew of that had a track record with liners and groundwater migration systems were those associated with municipal landfill systems, which he felt were problematic systems. He stated this development was not a landfill, which typically would be located in valleys not on tops of hills and therefore a different set of critiera was needed. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 18 Council Member Sidhu asked with today's technologic advances, was there anything out there that Mr. McCarty thought would work. Mr. McCarty responded he did not know of any residential project with similar conditions. Council Member Sidhu asked if he would support the project if it was conditioned such that GHAD and the homeowners could be satisfied the system would work. Mr. McCarty stated his philosophy was to address all the potential fatal flaws in a project during the tentative tract stage in which the flaws would be assessed and evaluated, not in complete detail but in a manner that was understood and everyone would know how the developer was going to attempt to solve a problem, and what the track record and experience showed. Council Member Sidhu asked what Mr. McCarty would recommend in order to develop the project. Mr. McCarty indicated the proper methodology to go forward would be address the fatal mistakes that could be made, analyze them, determine what data was available to try and evaluate them and bring to the table at least tentative data that this is what was expected in the way of infiltration, what the rate of flow was anticipated to be through the systems and how big the liner would need to be to catch and divert the water and a statement that the developer believed the process could be achieved if the criteria was used. Council Member Galloway stated Mr. Hartley said there were three conditions of approval that were not met by Mr. Hartley and asked what those conditions were. Mr. McCarty explained the conditions of approval the group hammered out were in three broad categories: 1) mitigation of infiltration; 2) some secondary system in place that included dewatering wells along with a monitoring system and 3) the economic issue of how to finance this system into perpetuity. He indicated that it had been pretty much a struggle to deal with the developer as the answer to those questions had always been that the developer believed SS13 would get the job done and residents should put their trust in him. Mr. McCarty wanted to see the data that backed up those statements. Mr. Hartley remarked that a slope stability analysis had been done which was approved by the City's geologist and if there were questions on that analysis, Mr. Albus would be able to explain it. Mayor Pringle asked staff if those three conditions were addressed; Ms. Meeks indicated they were addressed and listed in the staff report for this hearing. Council Member Chavez remarked than an earlier comment indicated over 20 million gallons of water had been taken by GHAD from that area and asked over what period of time and where the water had come from. Ms. Meeks indicated a tremendous amount of groundwater was found in that area and was one of the major reasons for the 1993 landslide. She explained the dewatering wells were to stop the landslide and in a continuous process remove water which came from large areas away and traveled to the landslide area through underground layers of sand. She indicated a liner system would prevent water from the new development from reaching those sand layers. Council Member Chavez remarked that without the new development, water already accumulated at the landslide area and asked if there was any similar situation in the County or elsewhere. Ms. Meeks replied there was not. Mayor Pringle asked Ms. Meeks to provide the parameters of the 1993 landslide and Ms. Meeks identified those boundaries on a map for Council. Council Member Chavez viewed the hillside as totally unpredictable. He stated it was known there were millions of gallons of water going through sand layers, two landslides had already occurred, and the proposal to mitigate the water collection was experimental. He believed the project should not go forward and the City should keep the hillside as safe as possible. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 19 Council Member Hernandez indicated he had talked at length with Mr. McCarty and with Natalie Meeks about the project. He asked what specific actions were necessary to move the project forward to the next step. Mayor Pringle indicated the elements of approval included the CEQA environmental documents, the variance findings, and the tentative tract map, all based on conditions of approval that were part of the packet with the final tract map not being approved until all conditions were met. Council Member Galloway believed the right thing to do was to deny the project due to the many uncertainties and the fact that the landslide area was directly adjacent to the proposed development. She did not believe this was the right time or place for the project. Council Member Sidhu moved to approve the project by approving the CEQA finding of negative declaration, approving RESOLUTION NO. 2005-185 for RECLASSIFICATION NO. 2003-00109, approving RESOLUTION NO. 2005-186 for VARIANCE NO. 2004-04626 and approving TENTATIVE TRACT MAP 16546, with all the conditions necessary to meet before final approval, seconded by Council Member Hernandez. Mayor Pringle asked that a condition be added that should the grading plan be approved or denied, that approval or denial could be appealed to the Council who would then determine whether established criteria and conditions had been met. Council Members Hernandez and Sidhu concurred in modifying the motion to include that condition. MOTION: S/H CEQA FINDING: NEGATIVE DECLARATION. RESOLUTION NO. 2005-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM finding and determining that the Zoning Map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the boundaries of certain zones should be changed. (Reclassification No. 2003-00109) RESOLUTION NO. 2005-186 A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM granting Variance No. 2004-04626. MOTION: S!H TENTATIVE TRACT MAP NO. 16545. Roll Call vote: Ayes - 3; Mayor Pringle, Council Members Hernandez and Sidhu. Noes - 2; Council Members Chavez and Galloway. Motion carried. 43. CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN N350 NO. 130 GENERAL PLAN AMENDMENT NO. 2005-00435 AMENDMENT TO PLATINUM TRIANGLE MASTER LAND USE PLAN (MISCELLANEOUS NO. 2005-00113) ZONING CODE AMENDMENT NO. 2005-00044 DEVELOPMENT AGREEMENT NO. 2005-00004: OWNER: Peter French, Kayco Plaza Partners, L. P., 120 Newport Center Drive, Suite 240, Newport Beach, CA 92660 AGENT: Sandy Sanchez, D.R. Horton, 16755 Von Karmen Avenue, Suite 200, Irvine, CA 92606 ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 20 LOCATION: 2100 and 2110 East Katella Avenue. Property is approximately 3.49 acres, having a frontage of 318 feet on the south side of Katella Avenue located 432 feet east of the centerline of State College Boulevard. Request to approve a Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan prepared for the project and circulated for public agency/ responsible agency review in compliance with the California Environmental Quality Act (CEQA) and the State and City of Anaheim CEQA Guidelines. General Plan Amendment No. 2005-00435 -Request to amend the land use element of the General Plan to increase the maximum square footage of commercial uses in the Katella District of the Platinum Triangle. Amendment to Platinum Triangle Master Land Use Plan (Miscellaneous No. 2005- 00113) -Request to amend the Platinum Triangle Master Land Use Plan to increase the maximum permitted square footage of commercial uses in the Katella District. Zoning Code Amendment No. 2005-00044 -Request to amend the PTMU Overlay Zone to increase the maximum permitted square footage of commercial uses in the Katella District. Development Agreement No. 2005-00004 -Request to adopt a Development Agreement between the City of Anaheim and Western Pacific Housing for the construction of a 251 unit residential and commercial mixed use project. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended Council approval of Mitigated Negative Declaration and Mitigation Monitoring Plan No. 130 (5 yes votes, Commissioners Karaki and Perez absent). Recommended Council approval of General Plan Amendment No. 2005-00435 (PC2005- 105). Recommended Council approval of Amendment to Platinum Triangle Master Land Use Plan (Miscellaneous No. 2005-00113) (PC2005-106). Recommended Council approval of Zoning Code Amendment No. 2005-00044 (PC2005- 107). Recommended Council approval of Development Agreement No. 2005-00004 (PC2005- 109). MOTION: S/H CEQA FINDING: NEGATIVE DECLARATION and MITIGATION MONITORING PLAN NO. 130. RESOLUTION NO. 2005-187 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2005- 00435.PERTAIINNG TO LAND USE ELEMENT RESOLUTION NO. 2005-188 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT TO PLATINUM TRIANGLE MASTER LAND USE PLAN (Miscellaneous No. 2005-00113). ORDINANCE NO. 5996 ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION 020 OF SECTION 18.20.040 OF CHAPTER 18.20 OF TITLE 18 OF ANAHEIM MUNICIPAL CODE RELATING TO PLATIMUM TRIANGLE MASTER LAND USE PLAN (ZONING CODE AMENDMENT NO. 2005-00044). ORDINANCE NO. 5997 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (I) APPROVING DEVELOPMENT AGREEMENT NO. 2005-00004 BY AND BETWEEN THE CITY OF ANAHEIM AND WESTERN PACIFIC HOUSING AND (II) ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 21 MAKING CERTAIN FINDINGS, RELATED THERETO AND (III) AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. Sheri Vander Dussen reported on July 25, 2005 the Planning Commission recommended Council approve amendments to the General Plan, the Platinum Triangle Master Land Use Plan and the Zoning Code and to approve a development agreement with Western Pacific Housing. She indicated the development would construct 251 condominium units with 2,347 square feet of commercial retail and 7,427 square feet of restaurant space and would be the seventh project proposed for the Platinum Triangle. She stated the site was located west of the Grove of Anaheim on Katella Avenue with a private street to be constructed and shared with the project to the west which had been recently approved by Council. She stated the applicant requested approval of the development agreement to implement the project and also requested amendments to increase the square footage of commercial uses allowed in the Katella District. She also indicated the City had initiated a General Plan Amendment and Zone Change to increase the commercial intensity in the Platinum Triangle which would be considered by Council on September 27th and that the City's amendment would include the square footage requested by the applicant, but unsure of the time frame, the applicant processed their own request. Ms. Vander Dussen explained the Planning Commission had approved the final site plan and a conditional use permit to modify setbacks and permit the sale of alcoholic beverages in the proposed restaurant and had approved a tentative tract map contingent on Council's approval of the development agreement. She explained the applicant wanted to incorporate additional 2,000 square feet of retail area, and the City was supportive of the change as long as the City initiated General Plan Amendment was approved on September 27th and the parking analysis was satisfied by the number of parking spaces provided. In addition, staff proposed three new conditions of approval to the development agreement to accommodate the increased retail area. Ms. Vander Dussen provided an overall site plan to Council as well as details of the amenities to be included. She noted the project would begin construction in spring of 2006 and be completed by fall of 2008. Mayor Pringle opened the public hearing. John Mayer with D.R. Horton Company, stated the developer had been building in Anaheim for several years and looked forward to the opportunity to construct condominiums in the Platinum Triangle. He indicated the developer agreed with the City's conditions and requested approval of the project. Council Member Chavez asked for details on the units. Mr. Mayer indicated the 251 condominiums were all for sale with prices ranging from the high $300,000 to the high $400,000 or low $500,000 for the larger unit over 1,500 square feet. Mayor Pringle reported he had talked to the applicant about the possibility of the City putting a football stadium near his development. He indicated the proposed wall would protect the units from traffic on Sportstown Drive but that pavers would allow access to the building for emergencies and that the applicant had been flexible in building the units to insure some elements could be modified slightly in case a football stadium was constructed. With no other comments offered, Mayor Pringle closed the hearing. ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 22 Council Member Sidhu moved to approve the environmental documents; to approve RESOLUTION NO. 2005-187, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2005-00435.PERTAIINNG TO LAND USE ELEMENT; and to approve RESOLUTION NO. 2005-188, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT TO PLATINUM TRIANGLE MASTER LAND USE PLAN (Miscellaneous No. 2005-00113); and to introduce ORDINANCE NO. 5996, ORDINANCE OF THE CITY OF ANAHE-M AMENDING SUBSECTION 020 OF SECTION 18.20.040 OF CHAPTER 18.20 OF TITLE 18 OF ANAHEIM MUNICIPAL CODE RELATING TO PLATIMUM TRIANGLE MASTER LAND USE PLAN (ZONING CODE AMENDMENT NO. 2005-00044), and to introduce ORDINANCE NO. 5997, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (1) APPROVING DEVELOPMENT AGREEMENT NO. 2005-00004 BY AND BETWEEN THE CITY OF ANAHEIM AND WESTERN PACIFIC HOUSING AND (II) MAKING CERTAIN FINDINGS, RELATED THERETO AND (III) AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried Report on Closed Session Actions: None. Council Communications: Council Member Hernandez announced the passing of Anaheim retirees Julio Acosta, Public Utilities and Thomas Beardman, retired police officer. Council Member Galloway reported on her attendance at a fundraising humanitarian effort held for the Katrina disaster, with proceeds benefiting the flood victims and indicated there would be a chili cook-off at City Hall the next day with funds raised for the same purpose. Mayor Pringle stated last week he and Council member Sidhu met with the Governor's representatives and informed the State of Anaheim's Affordable Housing Strategic Plan. He also indicated he would identify those individuals to participate in the Motel Families Task Force at the next Council meeting where goals and a timeline for those objectives would be established. Mayor Pringle had also received concerns from Shirley Grindel, a community activist, with two issues related to the recently adopted election campaign ordinance. Her suggestion was to have the limits increase by $100 rather than $10 increments and Mayor indicated he would be bringing that consideration back to Council if there was interest. In addition, she expressed concern there was a potential to raise more money at higher levels than when the debt was incurred by adjusting the amounts in different election cycles. He asked Council and the City Attorney to consider that and determine if the ordinance should be modified. Mayor Pringle asked the City Attorney if he would be able to provide a proposed change to the Charter regarding eminent domain and the City Attorney responded that he would have it for the next meeting. Mayor Pringle announced the passing of a long time Anaheim volunteer, Mary Ruth Pinson ANAHEIM CITY COUNCIL MEETING MINUTES September 13, 2005 Page 23 Adjournment: At 9:52 P.M., with the consent of Council, Mayor Pringle adjourned the September 13, 2005 meeting. Respectfully submitted: Sheryll Schroeder, MMC City Clerk