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2005/09/27ANAHEIM, CALIFORNIA CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2005 The City Council of the City of Anaheim met in regular session on September 27, 2005 at 3:10 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: Assistant City Manager Tom Wood, 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 23, 2005 at the City Hall exterior bulletin board. ADDITIONSIDELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Mayor Pringle moved to closed session for the following items: CLOSED SESSION: 1. 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: Kord v. City of Anaheim, Orange County Superior Court Case No. 76-32- 58 (and other related cases). 3. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Dave Hill Employee organization: Anaheim Firefighters Association, Local 2899 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: City Manager, City Attorney, City Clerk, City Treasurer 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Agency negotiator: Tom Wood Negotiating parties: City of Anaheim and National Football League Under negotiation: price and terms ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 2 At 5:14 P.M., Council returned to open session. Invocation: Pastor Ed Bartel, Sunkist Community Church Flag Salute: Council Member Galloway Acceptance of Other Recoqnitions (To be presented at a later date): Proclaiming October 2005, as Lupus Awareness Month. Recognizing George Lopez for his support of the National Kidney Foundation of Southern California. Recoqnitions: Proclaiming October 2-8, 2005, as Public Power Week Marcie Edwards, Utilities General Manager, accepted the Public Power Week proclamation, remarking Anaheim would celebrate on October 8`h at the Farmer's Market site. At 5:17 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency in joint session with the Anaheim City Council. ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: Mayor Pringle continued Item No. 37 to a date uncertain. Item No. 40 was withdrawn at the request of the appellant. PUBLIC COMMENTS: James Robert Reade provided comments directed towards the Anaheim Police Department Dr. Collette Hausey, resident and Director of the Placentia Symphonic Band, remarked the City had kindly loaned three drums to the Placentia Band for the last five years and Dr. Hausey requested the arrangement be formalized by declaring the drums surplus and donating them to the non-profit band. Mr. Wood would research and provide a report back to Council. William Fitzgerald, HOME, commented on the Orange County news article relating to poor response times for the Anaheim Police Department. Mayor Pringle requested Mr. Wood make available to the public, Chief Welter's response to that news article and the current best practices being utilized by the Department. Jeff Henry of Jelco Container, a business owner in Anaheim, requested Council's help to approve a short-term use for a vacant lot on Coronado Street. He stated he had just received notice that additional space Jelco leased next door to their business on Tustin Avenue could not be renewed as of October 1, 2005. He explained Jelco owned another facility that could be used for their operations but a tenant was currently leasing it and it would not be vacated for six months. In meeting with the Planning Department, Mr. Henry was informed there would be a cost for improvements to use the vacant lot adjacent to HEPA Corporation on Coronado Street and asked for Council's assistance in waiving that cost as the use would be short-term only. Mayor Pringle requested Mr. Henry meet with Greg Hastings of the Planning Department who would provide a report to Council on the issues involved. ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 3 CONSENT CALENDAR: Council Member Chavez removed Items 11, 12, and 23 from the consent calendar for further discussion; Council Member Hernandez removed Item 34.1. Council Member Sidhu removed Items 7, 9, 18 and 21. Mayor Pringle asked to be recorded as abstaining on Items 11, 12 and 17 due to a possible conflict of interest. Council Member Hernandez moved approval of the balance of the Consent Calendar Items 1 - 34, 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. 3. Reject certain claims filed against the City. C118 4. Receive and file the Investment Portfolio Report for the month of August 2005; minutes of 6105 the Deferred Compensation Committee meeting held April 28, 2005; minutes of the Investment Advisory Commission meeting held February 15, 2005; and minutes of the Golf Commission meeting held July 28, 2005. 5. 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. 6. Accept the bid of Unisource, in an amount not to exceed $40,515.00 (including tax), for D180 various paper and envelopes for the Reprographics Department as required, for a period of one-year, with three one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6649. 8. Award the contract to the lowest responsible bidder, Specialized Environmental, Inc., in the 3672 amount of $244,050, for demolition of unit and Oelkers Electrical Substations and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 10. Approve the Final Map and Subdivision Agreement of Tract No. 16809 with Brookfield P178 Beach Blvd., LLC, located at 311 North Beach Boulevard. 13. Approve an Acquisition Agreement with Florentino Yabut, in the amount of $5,892, for the 3571 purchase of real property located at 1720 South Euclid Street for the Katella Avenue Smart Street Project (Ninth Street to Humor Drive). 14. Approve Amendment No. 2 of the Cooperative Projects Program Contract No. CP-0202 2826 with the Orange County Sanitation District for reimbursement relating to the West Anaheim Area Sewer Assessment Funding project. 15. Approve Amendment No. 2 of the Cooperative Projects Program Contract No. CP-0301 2827 with the Orange County Sanitation District for reimbursement relating to the sewer flow- monitoring project for the Central Anaheim Sewer Area. ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 4 16. Approve Amendment No. 2 to the Cooperative Projects Program Contract No. CP-0302 3101 with the Orange County Sanitation District for reimbursement relating to the Central Anaheim Area Condition Assessment project. 17. Approve the Second Amendment to an agreement with KM Engineering, Inc. in an amount 1604 not to exceed $28,735 for Phase III of the final plans, specifications and engineering estimates and cross sections services on the Imperial Highway Smart Street Improvements from the Santa Ana River Bridge to La Palma Avenue Mayor Pringle abstained. 19. Approve the tenth amendment to the contractual agreement between the City of Anaheim 2989 and Smith, Espositio and Lyerly to extend federal supplemental advocacy services on a month to month basis from August 1, 2005 to July 31, 2006. 20. Approve an agreement with Children's Bureau of Southern California to provide $27,234 in 3196 continuation funding for the "Kids in Action" youth development and sports program at Jonas Salk Elementary School. 22. Approve a License Agreement with Disney Goals, Inc. to continue using two City buildings 1605 at 1170 North Anaheim Boulevard for its program headquarters in connection with the GOALS roller hockey program. 24. Approve and authorize the City Manager to execute amendments to agreements with 1606 private tow companies that provide tow services to the Police Department which will extend 1607 the agreements for nine months, to allow the Police Department to evaluate options for 1608 selection of companies to provide such services in the future. 1609 1610 1611 1612 2773 25. Approve and authorize the Human Resources Director to execute a Business Associate 3670 agreement with IBEW, Local 47 Retiree Medical Trust. 26. RESOLUTION NO. 2005-189 RESOLUTION OF THE CITY COUNCIL OF THE CITY D154 OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications assigned to the Anaheim Municipal Employees Association, Part-Time Unit. 27. RESOLUTION NO. 2005-190 RESOLUTION OF THE CITY COUNCIL OF THE D154 CITY OF ANAHEIM rescinding Resolution No. 2005-167 and paying and reporting the value of employer paid member contributions under the Public Employees' Retirement System for Full-Time Miscellaneous Employees. 28. RESOLUTION NO. 2005-191 RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein. (City Deed No. 10870). ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 5 29. RESOLUTION NO. 2005-192 RESOLUTION OF THE CITY COUNCIL OF THE D116 CITY OF ANAHEIM authorizing the City Manager to submit a grant application on behalf of the City of Anaheim to the California Employment Development Department, and, if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for Fiscal Year 2005-06 accordingly. 30. RESOLUTION NO. 2005-193 RESOLUTION OF THE CITY COUNCIL OF THE D182 CITY OF ANAHEIM authorizing the destruction of certain city records more than two years old (Public Utilities Department). 31. ORDINANCE NO. 5993 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM C280 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 NO. 5994 (ADOPTION) 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. 32. ORDINANCE NO. 5995 (ADOPTION) AN ORDINANCE OF THE CITY OF T104 ANAHEIM amending Chapter 10.12 of Title 10 of the Anaheim Municipal Code establishing a sewer impact and improvement fee for new and expanded development in the west City area. ORDINANCE NO. 5995 ADOPTED. 33. ORDINANCE NO. 5996 (ADOPTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending Subsection .020 of Section 18.20.040 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code relating to the Platinum Triangle Mixed Use (PTMU) Overlay Zone. 3671 ORDINANCE NO. 5997 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving Development Agreement No. 2005-00004 by and between the City of Anaheim and Western Pacific Housing, (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement for and on behalf of the City. ORDINANCE NOS. 5996 & 5997 ADOPTED. 34. Approve minutes of the Council meeting of September 13, 2005. END OF CONSENT CALENDAR: 7. Approve an increase in the mileage reimbursement rate from 40.5 cents to 48.5 cents per D128 mile to match the increase approved by the Internal Revenue Service for the months of September 2005 through December 2005. Mr. Wood reported Item 7 referred to an increase in the mileage reimbursement rate of 40.5 cents to 48.5 cents per mile, an increase approved by the Internal Revenue Service (IRS) and consistent with prior City policy and memorandum of understandings with bargaining units to reflect the increase in gas prices. Council Member Sidhu asked when the last increase was adopted. Bill Sweeney, Finance Director, indicated staff comes before Council once a year as the IRS typically revised their mileage reimbursement rate once a year. Council Member Sidhu asked what would ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 6 happen if gasoline costs rose to $5 per gallon; Mr. Sweeney indicated if gasoline continued to increase, the IRS would continue to increase the reimbursement rate and staff would discuss that increase with the City Council. Mr. Wood stated it cost the City less to have employees use their own cars and reimburse mileage costs rather than providing City vehicles. Council Member Sidhu moved to approve an increase to the mileage reimbursement rate, seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried 9. Approve Parcel Map 2004-318, located at 415-421 South Vine Street to permit the P174 development of the recently approved Mercy Housing project. Natalie Meeks, Public Works Department, indicated Parcel Map 2004-318 was to accommodate the Mercy Housing project, required to consolidate a number of lots at that address to provide a single lot for development of the housing project. Council Member Sidhu asked if Mercy House received the tax credit allocation from the state in order to proceed with the project; Ms. Stipkovich responded Mercy Housing was successful in receiving the tax credit allocation and staff was working closely with them on value engineering previously discussed for that project. Council Member Sidhu moved to approve Parcel Map 2004-318, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried 11. Approve the Agreement for Acquisition of Mobile Home and Improvements with Maria 3666 Granados, in the amount of $21,250, for one mobile home located at 1949 South Manchester Avenue, Space No. 4, for the Gene Autry Way (West)/I-5 HOV Interchange project. 12. Approve the Agreement for Acquisition of Mobile Home and Improvements with Corrienne 3667 Allsep, in the amount of $18,650, for one mobile home located at 1844 South Haster Avenue, Space No. 12, for the Gene Autry Way (West)/I-5 Freeway HOV Interchange project. Council Member Chavez requested Items 11 and 12 be discussed simultaneously. He asked how rent to the mobile home park owners was handled once the City acquired the individual mobile homes. Natalie Meeks replied three letters were sent to the mobile home park owners offering to pay lost rent once the City acquired mobile homes and at this point, the owners had not responded. The options available to them were to go through the acquisition process with the City and include that lost rent figure in their damages claim when the properties were actually settled or to reach settlement separately on the lost rent issue. In either case, Ms. Meeks stated the property owners would be compensated for lost rent. Council Member Chavez moved to approve Items 11 and 12, 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. ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 7 18. Approve the agreement with AMEC Earth and Environmental, Inc., in the amount of 3668 $250,000, to provide Phase I Environmental Site Assessment and Asbestos/Lead Paint reports for afive-year duration, for the purpose of acquiring property for the Gene Autry Way (West)/Interstate 5 Freeway HOV Interchange and Highway Improvement Projects. Natalie Meeks reported the City had four testing firms currently under contract to be used for various geotechnical and other testing services. She explained when the need arose on the Gene Autry project for asbestos testing for the demolition of certain mobile homes, staff recruited proposals from all four companies; two were not qualified to do this type of work and one did not have sufficient time. As AMEC was currently under contract with the City, she stated, the same rates under that contract would apply to their proposal. Ms. Meeks indicated a separate contract was created for this work to comply with Federal regulations and keep the work isolated for an audit. Council Member Sidhu asked if there were guidelines to allow for rejection of all bids and rebid. Ms. Meeks indicated bids could be rejected if the City felt they were not getting a fair proposal, but in this case, Public Works had sought a number of different firms when selecting the four firms under contract about 1 and 1/2 years ago and any work done would be under the same rates as their current agreement with the City. Council Member Sidhu emphasized the need for a competitive bid process to get the best deal and asked that the bid process be conducted in the future. Council Member Sidhu moved to approve the AMEC agreement, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried 21. Approve and authorize the Community Development Executive Director to execute the 1567 Office Building Lease with 50 S. Anaheim, LLC, for general office space at the Woodbridge Building to house the Workforce Development Division. Community Services Director Elisa Stipkovich reported the lease was for the City to continue renting the property at the Woodbridge Center where the Workforce Investment operations was located and recommended extending the lease for another five years. Council Member Sidhu asked if any other City space was available to house the Workforce Center and Ms. Stipkovich replied there was no sufficient space, particularly in a convenient location. She noted this space was on the second and third floor of the Willdan building and four or five other similar organizations such as EDD were located in the same building which made it convenient for clients to function. Council Member Sidhu asked what the rent increase was and Ms. Stipkovich replied it was four percent however the City was receiving approximately $17,000 in tenant improvements the owner was willing to provide as part of the lease space. Council Member Sidhu asked why the newly acquired INS building adjacent to City Hall was not considered. Mr. Wood, Assistant City Manager, reported there were a number of different uses being contemplated for that building, indicating the best use would be for a single large tenant rather than the Workforce Center. He stated the Woodbridge building had worked out well for years and with the other businesses adjacent to it, staff believed it gave the most flexibility. Mayor Pringle pointed out that the Woodbridge building lease was up for renewal now and that the newly acquired building was still under contract with the developer who had an exclusive right to come back to the City with a proposal on how that facility could be used, an option that would expire in three months. In ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 8 addition, the cost of putting tenant improvements in so as to house the Workforce Center would be more than the $17,000 in tenant improvements offered by Woodbridge. Ms. Stipkovich added staff had looked at refurbishing the tNS building for City use but found it would have been expensive in terms of tenant improvements and other changes needed. Council Member Hernandez added that the City's presence in the Woodbridge building was just one component of the one-stop workforce development, and there were other agencies in Woodbridge which made up the one-stop concept. Council Member Hernandez moved to approve the Workforce Center lease renewal, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried 23. Approve the agreement with Women's Transitional Living Center, Inc. to provide services to 3669 victims of domestic violence in partnership with the Anaheim Police Department. Council Member Chavez remarked this agreement was part of a larger element to develop a family justice center and was a significant step to be taken by Council as the number of elder and child abuse was higher in Anaheim per capita than any other Orange County city. He pointed out this agreement would provide contact with families at risk, by having an advocate at the family justice center in conjunction with the Police Department to work with the social human side of abuse as opposed to the criminal side. In addition, he remarked, volunteers would ride with police officers to domestic violence scenes and allow these advocates to work with families in the field while freeing up the officers to work the criminal side. He asked that the City seriously consider the need for the advocate to be bilingual, Spanish in particular. Council Member Galloway asked how the advocate would function. Chief Welter responded the advocate would accompany every police officer that goes out on domestic violence calls, would be situated in the Department and work with officers on a daily basis. The second component, he added, would be to get a field oriented program in place, where qualified volunteers from Women's Transitional Living Center participated in ride-alongs with officers. Aside benefit, he emphasized, was to have officers informed so they knew all the resources that were out there and ensure assistance, education and support was available for domestic violence calls as soon as possible. Council Member Chavez moved to approve Item No. 23, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried 34.1. Approve an agreement with the County of Orange for the County to provide supplemental 3214 law enforcement services during the Major League Baseball American League Championship Series and the World Series games and subsequent victory-related celebrations, during the period commencing October 11, 2005, and terminating November 7, 2005. Mr. Wood stated it was necessary to have mutual aid agreements in place with the County should the Anaheim Angels be successful in the Division race and the World Series, in order to control costs which he anticipated could reach $260,000. Council Member Hernandez hoped to celebrate the success of the Angels as American League Western Division winners and encouraged all to support the Angels in their effort to seek the world championship. Council Member Sidhu asked who would pay for the law enforcement services; Mr. ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 9 Wood replied the City paid for the services as an extraordinary event. Council Member Hernandez moved to approve Item No. 34.1, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried END OF CONSENT CALENDAR 35. Consider appointment to the Senior Citizen Board, term to expire June 30, 2006. (Pauline B105 Berry) Council Member Galloway nominated Josephine Winder and with the consent of the Council, Ms. Winder was unanimously approved. 36. Consider a proposed amendment to the City Charter to prohibit the use of eminent domain M142 for purposes of economic development. Mayor Pringle announced to Council he had scheduled for discussion the possible consideration of asking the Anaheim voters to modify the City Charter to ensure this Council and any Council in the future could not use the powers of eminent domain for the taking of private property for private economic purposes. He indicated the City Attorney had drafted a proposed charter amendment for that purpose. Jack White, City Attorney, explained the U.S. Supreme Court in Kelo vs. City of New London ruled cities had the legal power to condemn property for the purpose of transferring that property from one private owner to another private owner for purposes of economic development. Anaheim, he pointed out, had a history of not using or exercising the powers of eminent domain for any purpose of economic development ,and in fact, this Council had adopted a policy that stated in the future Anaheim would not use the power of eminent domain for purposes of economic development. The draft charter amendment was meant to the a simple straightforward approach that could be put before the voters of Anaheim to actually put in the charter language that would bind not only this Council but future Councils of Anaheim to not use the power of eminent domain for the purposes of taking property form one private property owner for the express purpose of giving it to another private property owner fora "for-profit" purpose. Mayor Pringle read the draft amendment remarking the City Attorney drafted language restricting the use of eminent domain in a specific instance as opposed to articulating when eminent domain could be used. Mayor Pringle recommended leaving the item open for further discussion for another month and then voting to consider placing the Charter Amendment on the November 2006 ballot so that no additional election costs would be incurred. Council Member Hernandez stated people from the complete spectrum of political idealism were appalled at the decision the Supreme Court made concerning Kelo vs. the City of New London and he was very supportive of the charter amendment. With the consent of Council, Mayor Pringle continued this item to the October 25, 2005 meeting. ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 10 37. Consider amendments to Chapter 1.09 of Title 1 of the Anaheim Municipal Code relating to M142 the recent increase of the campaign contribution limit. Mayor Pringle continued this item to future date. PUBLIC HEARINGS: 38. A public hearing to consider the abandonment of a portion of a public right-of-way and alley P110 adjacent to 100 North State College Boulevard (Abandonment No. ABA2004-00099). At the Council meeting of August 23, 2005, Item #33, the Anaheim City Council adopted Resolution No. 2005-156 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2004-00099). REQUESTED BY: JLHare Associates on behalf of Cotti Foods and James Myron, Trustee, 1450 North Tustin Avenue, Suite 105, Santa Ana, CA 92705. Natalie Meeks, Public Works Department, stated the proposed abandonment would make way for redevelopment of the properties and realign an existing alley. Staff recommended the abandonment move forward. Mayor Pringle opened the public hearing and receiving no comments, closed the hearing. Council Member Sidhu moved to approve the CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5, to approve Resolution No. 2005-195, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of public right-of-way and alley adjacent to 100 North State College Boulevard (Abandonment No. 2005-00109) and to approve an agreement for sale and the quitclaim of the City's right, title and interest in the abandoned area; seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried 39. A public hearing to consider the abandonment of a ten foot pole line easement located at P110 100 Katella Avenue (Abandonment No. ABA2005-00109). At the Council meeting of August 23, 2005, Item #34, the Anaheim City Council adopted Resolution No. 2005-157 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2005-00109). REQUESTED BY: RHL Design Group on behalf of The Anaheim Chile Operation, LLC, 2401 East Katella Avenue, Suite 400, Anaheim, CA 92806. MOTION: G/C RESOLUTION NO.: 2005-195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A 10 FOOT POLE LINE EASEMENT LOCATED AT 100 KATELLA AVENUE (ABANDONMENT NO. 2005-00109) ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 11 MOTION: G/C Approve the quitclaim of the City's right, title and interest in the abandoned area. Natalie Meeks reported the property owner requested this abandonment to allow for development of the property and to permit a building to be constructed across the utility easement. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member Galloway moved to approve the CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5, to approve RESOLUTION 2005-195, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a 10 foot pole line easement located at 100 Katella Avenue and to approve the quitclaim of the City's right, title and interest in the abandoned area, seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried 40. CEQA CATEGORICAL EXEMPTION -CLASS 21 C220 CONDITIONAL USE PERMIT NO. 2005-04960 OWNER: Juan Castro, Victory Outreach, 2230 West Colchester Drive, Suites 1-5, Anaheim, CA 92804 LOCATION: 2230 West Colchester Drive, Suites 1-5. Property is approximately 0.87- acre, located at the southwest corner of Colchester Drive and Colony Street (Victory Outreach Church). A City-initiated request to consider the revocation or modification of Conditional Use Permit No. 2004-04960 (for apreviously-approved church in conjunction with a commercial retail center). ACTION TAKEN BY THE PLANNING COMMISSION: Approved to revoke Conditional Use Permit No. 2005-04960 (5 yes votes, Commissioners Karaki and Perez absent). No action taken on Item 40 which was withdrawn by the appellant. At this time, Mayor Pringle indicated he would absent himself from hearing Item No's. 41 and 42 due to a potential conflict of interest. He explained that in the past he had participated in a project in an Orange County city which was purchased by Lennar, and after the purchase of the interest in that project, Lennar then began purchasing property in the Platinum Triangle in Anaheim. Although he did not have a relationship with Lennar at this time, he pointed out State conflict of interest laws indicated if there was an economic interest from an entity in which property was owned within the last 12 months, that he could not participate on the specific project and the City Attorney suggested that since Item No. 41 had significant impacts to that project area, he should not participate in that as well. Mayor Pro Tem Chavez then presided over the hearings for Item No's. 41 and 42. 41. WATER SUPPLY ASSESSMENT FOR THE PLATINUM TRIANGLE (MIS2005-00122) C300 FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 332 and UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106A GENERAL PLAN AMENDMENT NO. 2004-00420 RECLASSIFICATION NO. 2004-00134 ZONING CODE AMENDMENT NO. 2004-00036 MISCELLANEOUS CASE NOS. 2004-00089, 2005-00114 and 2005-00115: ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 12 AGENT: City-Initiated, Planning Department, 200 South Anaheim Boulevard, Suite 162, Anaheim, CA 92805 LOCATION: The Platinum Triangle. The "Project Area" encompasses approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR-57 Freeway, in the City of Anaheim in Orange County, California. The Project Area is located generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit. Water Supply Assessment for The Platinum Triangle (MIS2005-00122) -Request that the City Council adopt the Water Supply Assessment for The Platinum Triangle as required by Section 10910 of the California Water Code. Certification of Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and Updated and Modified Mitigation Monitoring Program No. 106A -Request certification of SEIR No. 332 including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle. SEIR No. 332 has been prepared to serve as the primary environmental document for subsequent actions within the Project Area related to the adopted Platinum Triangle Master Land Use Plan, The Platinum Triangle Mixed-Use (PTMU) Overlay Zone and The Platinum Triangle Standardized Development Agreement. Implementation is intended to include, but not be limited to, the approval of subdivision maps, grading permits, street improvement plans, final site plans, development agreements and other related actions for properties located within The Platinum Triangle. Future developments that require additional discretionary review will utilize this document for CEQA purposes to the extent possible, consistent with Section 15162 of the CEQA Guidelines. This SEIR is also intended to provide the additional environmental documentation for proposed city-initiated amendments to the General Plan, The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the Standardized Platinum Triangle Development Agreement described below. General Plan Amendment No. 2004-00420 (Tracking No. GPA 2005-00432) -Request to amend the City of Anaheim General Plan Land Use and Circulation Elements to provide for the following: Land Use Element: Request to (A) redesignate a 3.21-acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ("North Net Fire Training Center") from the Office-High to the Mixed-Use land use designation and (B) to provide for an additional 325 dwelling units and up to 210,100 square feet of additional commercial square footage in The Platinum Triangle Mixed-Use land use designation. This amendment would increase the maximum overall residential density from 9,175 to 9,500 dwelling units and the maximum overall commercial density from 2,044,300 to 2,254,400 square feet. Circulation Element: Request to (A) redesignate a portion of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary Arterial Highway (six lanes divided with no parking or four lanes divided with left turn pockets and two parking lanes with a typical right-of-way width of 106 feet) to a Secondary Arterial Highway (four undivided lanes with parking on either side with a typical right-of-way width of 90 feet) to be consistent with the Orange County Master Plan of Arterial Highways and respective lane configurations; and (B) to provide for Gene Autry Way between Betmor Lane and State College Boulevard to be up to 115 feet in width as recommended by the Planning Commission (the General Plan amendment application was originally initiated to study an increased width of up to 170 feet) to provide for the construction of the "Grand Parkway" ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 13 (this segment of Gene Autry Way is designated as a Primary Arterial with a current typical width of up to 106 feet). Miscellaneous Case No. 2005-00115 -Request to rescind, in part, Resolution No. 2004- 180 pertaining to Reclassification No. 2004-00127 in order to rescind a resolution of intent pertaining to the reclassification of a 3.21-acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ("North Net Fire Training Center") from the PR (Public Recreational) Zone to the O-H (High Intensity Office) Zone. Reclassification No. 2004-00134 -Request to reclassify a 3.21-acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ("North Net Fire Training Center") from the PR (Public Recreational) Zone to the PR (PTMU) (Public Recreational -Platinum Triangle Mixed-Use Overlay) Zone. Miscellaneous Case No. 2004-00089 (Amendment to The Platinum Triangle Master Land Use Plan) -Request to amend the Platinum Triangle Master Land Use Plan to incorporate the following: an adjustment to the boundaries of the mixed-use districts to include the North Net Fire Training Center site in the PTMU Overlay Zone Gateway District and add 325 units to said District (321 of said units would be designated for the North Net Fire Training Center site); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,100 square feet of this square footage would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in the Katella District); and, additional technical refinements and clarifications, including, but not limited to, refinements to street cross- sections and density descriptions to reflect the above-noted changes and other City Code requirements. Zoning Code Amendment No. 2004-00036 -Request to amend the PTMU Overlay Zone to incorporate the following: an adjustment to the boundaries of the mixed-use districts to include the North Net Fire Training Center site in the PTMU Overlay Zone Gateway District and add 325 units to said District (321 of said units would be designated for the North Net Fire Training Center site); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,100 square feet of this square footage would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in the Katella District); and, additional technical refinements and clarifications, including, but not limited to, refinements to density descriptions to reflect the above-noted changes and other City Code requirements. Miscellaneous Case No. 2004-00114 (Amendment to The Platinum Triangle Standardized Development Agreement) -Request to adopt refinements to The Platinum Triangle Standardized Development Agreement to reflect mitigation measure requirements set forth in the Updated and Modified Mitigation Monitoring Program No. 106A, editorial refinements and updated fees. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council certification of FSEIR No. 332 and adoption of the Updated and Modified Mitigation Monitoring Program No.106A (PC2005-119), with the addition of Measure 5-10.7, pertaining to traffic (6 Yes votes, Commissioner Velasquez was absent). Recommended City Council approval of General Plan Amendment No. 2004-00420 (PC2005-120). Recommended City Council approval of an amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2004-00089) (PC2005-121). ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 14 Recommended City Council approval of Zoning Code Amendment No. 2004-00036 (PC2005-122). Approved rescission, in part, of Planning Commission Resolution No. 2004-00083 - Recommended City Council rescind, in-part, Resolution No. 2004-180 pertaining to Reclassification No. 2004-00127 (Miscellaneous Case No. 2005-00115) (PC2005-123). Approved Reclassification No. 2004-00134 and recommended City Council review of Reclassification No. 2004-00134 (PC2005-124). Recommended City Council approval of an amendment to The Platinum Triangle Standardized Development Agreement, (by motion) (Miscellaneous Case No. 2005- 00114). Greg Hastings, Planning Manager, announced Item 41 was a request to approve the Platinum Triangle Subsequent EIR and other City-initiated actions related to the Platinum Triangle including proposed amendments to the Anaheim General Plan, the Platinum Triangle Master Land Use Plan and the Platinum Triangle Mixed Use Overlay, as well as an amendment to the standardized development agreement and a proposed reclassification. As background, he pointed out last year Council approved a new vision for the Platinum Triangle to provide opportunities for existing uses to transition to mixed use residential, office and commercial uses allowing up to 9,175 dwelling units, 5 million square feet of office space, and over 2 million square feet of commercial uses. He indicated seven development applications totaling 2,631 residential units and nearly 22,000 square feet of commercial uses had already been approved and three more applications totaling nearly 3,900 residential units and over 278,000 square feet of commercial uses were also in process. At the time the Master Land Use Plan and Mixed Use Overlay Zone were adopted, Council determined the EIR certified in conjunction with the General Plan update was adequate for the Platinum Triangle actions. He added it was also acknowledged that additional environmental analyses would need to be prepared for future Platinum Triangle projects and that was why additional environmental documentation was individually prepared for each of the seven development applications approved over the last year. Mr. Hastings explained the purpose of the Subsequent EIR before Council was to comprehensively address all impacts associated with implementation of the Master Land Use Plans so that future projects in the Platinum Triangle would not need to prepare additional environmental analysis but instead would be able to utilize the Subsequent EIR resulting in a more streamlined environmental review process. He identified the four proposed amendments to the General Plan; an amendment to the Circulation Element was proposed to change the designation of Cerritos Avenue between State College Boulevard and Douglas Road from a six lane, 106-foot wide primary arterial highway to a four lane, 90-foot wide secondary arterial highway. It also proposed to increase the right-of-way width of Gene Autry Way between State College Boulevard and Betmor Lane from 106 feet to 115 feet. He indicated the current existing width of Gene Autry Way between State College Boulevard and the Santa Ana Freeway ranged from 90 to 106 feet and pointed out this application was originally initiated by the Planning Commission to study an increased width up to 170 feet to determine whether it was feasible to provide for a wider landscaped median, modifications to travel lanes, addition of bike lanes and wider sidewalks. Upon further analysis, he stated, staff determined there was not sufficient street length between State College Boulevard and the bridge over the freeway to accommodate modifications to travel lanes or the addition of bike lanes. However, he pointed out, staff did see the benefit in a minor widening of the right-of-way width by 4.5 feet on each side of the street to increase the parkway from five to seven feet so larger canopy trees could be planted and to incorporate a required 2.5 foot wide sidewalk easement in the right-of-way. He noted staff recommended to the Commission and the Commission concurred ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 15 that a width of 115 feet would be sufficient to provide for the construction of additional pedestrian- oriented enhancements to the street and informed if this amendment was approved by Council, there would also be a corresponding amendment to the Mixed Use Overlay Zone which would reduce the required setback area adjacent to Gene Autry Way from 12 to 9.5 feet to offset some of the right-of-way increase. An amendment was also proposed to redesignate the 3.21 acre North Net Fire Training Center site on Orangewood Avenue from office high to mixed use to allow the opportunity for development of up to 321 residential units. Reclassification of this property to add it to the Platinum Triangle Mixed Use Overlay zone was also proposed and he acknowledged this property was currently owned by the City of Anaheim and operated under a joint powers agreement between the cities of Anaheim, Garden Grove and Orange and that no specific mixed use was proposed for the property at this time. However, he pointed out, redesignation of this property for mixed use would provide for additional opportunities in the event that the Fire Training Center was relocated in the future. In addition, he stated, an amendment to the Land Use Element was proposed to increase the commercial square footage in the Platinum Triangle Mixed Use designation by 204,492 square feet. This additional square footage would primarily be designated for Market Street and for Gene Autry Way between Market Street and State College Boulevard and would contribute to the vitality of the commercial corridor. Amendments to the Master Land Use Plan and the Mixed Use Overlay Zone were also before Council to reflect the proposed General Plan amendments and additional technical refinements and clarification, including provisions for a new Master Site Plan process and removal of existing height limitations for projects near Gene Autry Way. Currently, Mr. Hastings stated, applicants applying the overlay zone were required to submit a detailed final site plan along with their development agreement and with the proposed master site plan process, applicants with projects over 12 acres in size would submit a master site plan consisting of exhibits showing proposed development areas and land uses, street systems, parks and other infrastructure improvements and phasing. This site plan would become an exhibit to the development agreement and would be implemented by subsequent final site plans to be reviewed and approved by the Planning Commission at noticed public hearings. This new process, stated Mr. Hastings, would encourage consolidation of smaller parcels into larger projects, and provide for comprehensive site planning and appropriate phasing. Lennar's A-Town proposal, Item 42, represented the first master site plan application under this process and a second one also submitted by Lennar was under review. Referencing the Gene Autry Way height limitation, Mr. Hastings indicated the Code currently required buildings within 600 feet of Gene Autry Way to be limited to 55 feet to 75 feet in height, to preserve view corridors from the I-5 freeway towards the stadium. Since staff determined the proposed 115-foot width for Gene Autry Way would preserve views of the stadium, the amendment would remove the limitation along Gene Autry Way to allow properties in the vicinity to build structures up to 100 feet in height with additional heights permitted subject to the approval of a conditional use permit, consistent with other properties in the Platinum Triangle. Amendments to the form and standardized development agreement were also requested to reflect mitigation measure requirements set forth in the updated modified mitigation monitoring program, editorial refinements and updated fees. After the Planning Commission meeting, Mr. Hastings reported a letter had been received from the SunCal Company citing concerns related to the EIR analysis of the proposed changes to Gene Autry Way and the Platinum Triangle. The letter indicated SunCal was in the process of preparing development plans for a property on the east side of Haster Street just north of the ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 16 proposed extension of Gene Autry Way and a copy of the letter and written response to the letter had been provided to Council as well as a response from William Devine. The letter suggests that not permitted segmenting of the grand parkway had occurred because the project description contained in the Subsequent EIR did not include a general plan amendment action to increase the right-of-way affecting Gene Autry Way west of the I-5 freeway. As indicated in the written response, staff did not agree with that analysis. He further stated since the 1960's the City's general plan has identified a roadway connection between the Anaheim Stadium area and the City's tourist area on the west side of the Santa Ana Freeway. This roadway (Gene Autry Way) and the adopted General Plan width for the street had been addressed in previous environmental documentation. He stated the adopted General Plan provided for a width of 106 feet for Gene Autry Way between State College Boulevard and Haster Street and 110 feet from Haster Street and Harbor Boulevard and that an EIR completed in 2003 for the construction of Gene Autry Way from the I-5 Freeway to Haster Street identified a width of 106 feet per the adopted General Plan, a project approved by Council and currently funded. He emphasized staff did not propose any changes to that approved right-of-way nor were there any applications that had been submitted or initiated that proposed a change to that right-of-way. He ended by saying staff previously provided this information to SunCal and there were no changed conditions related to approved plans from Gene Autry Way between the freeway and Haster Street and no additional environmental review was required. He added staff's recommended changes were minor resulting in an increase of right-of-way of 4.5 feet on each side of Gene Autry Way and since no applications had been initiated or submitted for changes to Gene Autry Way west of the freeway, they were not included in the project description in the Subsequent EIR. Mr. Hastings added their absence did not result in impermissible segmentation of the proposed project and the Subsequent EIR fully complied with CEQA. He also said that SunCal's letter further suggested staff's recommendation for the 115-foot right- of-way for Gene Autry Way between State College Boulevard and Betmor Lane was a result of SunCal's concerns. Mr. Hastings explained staff's recommendations were based upon an analysis of the existing street length east of the freeway and the adjacent land uses allowed by the mixed use overlay zone which required ground floor commercial uses resulting in greater pedestrian activity in this area. Mr. Hastings referenced SunCal's expressed concern regarding conceptual drawings displayed by the City at an event last May showing one possible vision for the future with regard to the corridor extending from Angel Stadium of Anaheim to the Anaheim Convention Center, a vision which included conceptual drawings designated at that time as a grand parkway. He explained that vision of the future was only one of what could be many possible future concepts for this region and that the City was not undertaking any actions to study or implement that vision of the larger grand parkway nor was it probable the City would look to implement a grand parkway at any time in the future. He pointed out the proposed amendment to the Circulation Element to the General Plan was not merely part of a larger project but was the only foreseeable project concerning widening of the corridor between the Stadium and the Convention Center which was not set forth in the current City General Plan Mr. Hastings ended his presentation recommending Council certify the Subsequent EIR, adopt the Statement of Findings and Fact, the Statement of Overrriding Considerations and Mitigation Monitoring Program and approve the proposed actions outlined in the draft resolutions and ordinances. Mayor Pro Tem Chavez opened the public hearing. ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 17 Tim Payon, A&B Property Corporation, and owner of 17 acres in the Gene Autry area, stated their property would be impacted by Council's decisions on this item. He stressed A&B was not opposed to Lennar's project and did not oppose the changes being suggested but was concerned about the process and its implication for A&B and for other property owners in the Gene Autry District. He explained Council would be asked to approve an allocation of 50 percent of the units in the Gene Autry District with about 20 percent of the land in that district. A&B knew in the beginning of the process, this was first come, first served but was concerned that rules were changing because previously a final site plan was required and now only a master site plan would be required. The consequences, Mr. Payon believed, was to have the density located on one side of Gene Autry Way and the City's vision to have an architecturally balanced gateway to the Stadium would not occur as the viability of the mixed use on the other side would become an issue because there was less to work with. Rather than ask for a delay in Lennar's project, Mr. Payon indicated other solutions were available and he was here to apprise Council that A&B had filed applications which would ask for an increase in the number of units in the Gene Autry district and asked for Council's consideration when that project was before them. Council Member Sidhu asked where the 17 acres were located; Mr. Payon responded it was the property where the Catch restaurant was located, 17 acres going west on Gene Autry Way toward the Convention Center. Frank Elfin, Frank Elfin & Associates, spoke on behalf of SunCal Company. He indicated SunCal was in the process of planning a mixed use residential, retail and condo hotel project in the City of Anaheim located approximately at Katella and Haster Street and the southerly most portion would abut the proposed City of Anaheim grand parkway project. He heard staff's comments there would be no additional widening of Gene Autry Way east and adjacent to SunCal's project but was not clear on whether or not there would be a grand parkway project. He explained SunCal did not object to the project or development or the City's objective but questioned the proposed amendment to the Circulation Element. He referenced the letter sent to staff and received by Council, remarking that he had received his response this evening. He commented the City announced the grand parkway concept on May 10, 2005 during a press conference with plans to connect the Platinum Triangle, Anaheim Resort area and a proposed NFL Stadium with the press release posted to the City's website. The press release indicated the City showcased plans for a grand parkway that would extend Gene Autry Way west of Convention Way taking residents and visitors directly from the front door of the Convention Center in the Anaheim Resort to the gates of Angel Stadium and possibly and NFL Stadium in the Platinum Triangle. Mr. Elfin indicated this was when SunCal's interest began. He pointed to exhibits provided during the press conference detailing the grand parkway concept and pointed out specifics on the exhibits. Additionally, Mr. Elfin stated the September 2005 Anaheim magazine, available at City Hall, talked about the grand parkway project indicating the City had begun working with the SWA Group in planning this project; yet Mr. William Devine's response to SunCal's letter stated that no formal action had been taken, no formal approval had been requested and no formal analysis had begun on this proposal. Based on these documents, it was SunCal's belief the City must analyze the entire planned project, in this case the grand parkway, and not split the project into different segments because the cumulative impact of the entire project would outweigh the impacts of each segment. Mr. Elfin requested more time to understand the proposal more fully and to respond back to the City and asked for a continuance to be able to review the responses provided to SunCal this evening and to better understand the grand parkway project. He emphasized SunCal was not in any way opposed to the plan amendment other than the circulation element or any of the development related to it. ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 18 Greg Hasting reiterated the project was the project described by the Planning Department, with the street widths as described and it was not the intent of staff to propose any thing other than that which had been set forth on the agenda tonight. Council Member Sidhu asked Mr. Hastings to explain his comment that the vision for the grand parkway was not part of this project and asked for specifics as to location. Mr. Hastings responded the grand parkway had been proposed for the west side of the Santa Ana Freeway and the item before Council this evening was on the east side of the freeway and would widen Gene Autry Way from 106 feet wide to 115 feet wide, with no plan for this widening to extend to the west side of the freeway. Linda Johnson, Planning Department, remarked staff had been working on a number of amendments to the Platinum Triangle Master Land Use Plan and had a number of proposals being evaluated and developers they had been working with. One of the developers, she stated, was Lennar with their "A-Town" proposal which was the next public hearing item on the agenda. She noted staff felt there was a need to decide along Gene Autry Way if there were any additional enhancements that should occur and after evaluating the length of the street and the configurations of the land uses, staff recommended just a minor increase to enhance the pedestrian activity, provide for a larger parkway for larger canopy trees, and then include a sidewalk that was going to be in a setback area into the right-of-way. She explained that was all that was proposed and indicated Lennar's plans for their "A-Town" master plan complied with the right-of-way width and staff would not be coming back with any additional widths in that area. She acknowledged the area between Gene Autry Way and the freeway and Haster Street had been the subject of numerous meetings and Council had approved that design of 106 feet and there was acquisition under way, with no plans to change that alignment. She indicated Public Works was working on that and would construct it as approved, pending completion of their acquisitions and construction documents. She explained the area between Haster Street and Harbor Boulevard was identified on the Anaheim Resort Specific Plan for 110 foot widths and it had landscaped parkways, landscaped medians and there was no plan and staff had no proposals to change that designation. She explained that was part of a different specific plan, part of the Anaheim Resort identity program and Anaheim Resort landscape program. Council Member Sidhu asked if we were going to have a Gene Autry Way with four lanes planned for the future and was it a vision or already on the drawing board. She responded the area between Haster and Harbor was on the General Plan for extension and would be developed in connection with any development of the property explaining that some years ago when Disney was contemplating a third gate development, they were thinking of requesting an amendment to the plan to either eliminate or redefine it, but the property owner would need to let the City know what development plans they were interested in. Right now, she stated, it was in the Anaheim Resort Specific Plan which allowed hotels and restaurants as primary uses and there was no City project to construct that street at this time per Council direction. Council Member Sidhu affirmed today's actions would not affect SunCal's property. Council Member Hernandez asked when would this property be impacted and to what extent. Russ Maguire, Public Works, remarked the property in question by Mr. Elfin was the mobile home park west of the I-5 between I-5 and Haster Street, properties which were subject to the current Gene Autry West Interchange and Highway Project. Those properties were currently under right- of-way acquisition, offers for acquisitions of those properties had been made and were in process, and offers on the mobile homes in those parks that are affected had been made. He pointed out the design was underway and the right-of-way was underway with the project scheduled for ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 19 construction in early 2007 with approximately a 24-month construction period. Council Member Hernandez asked if the decision was made to change that in the future and make the street wider, what was the process; Linda Johnson replied it would take a complete modification to the General Plans, Circulation Element, including hearings and environmental reviews which was a lengthy process. Mr. Maguire added if that action were to be taken there would be major inconsistencies with all of the clearances, approval and funding for the project currently underway. At the request of Council Member Hernandez, Mr. Maguire updated Council on the disposition of the mobile home sites and the process that would be followed should settlement agreements not be reached and eminent domain be necessary to proceed with the public improvement. Council Member Chavez asked staff to comment on Mr. Payon's statement related to changing of the rules and the impact this could have on their proposed development. Linda Johnson stated this was a change, the final site plan process currently in place did require detailed plans, and the site plans, floor plans, and elevations would be attached to the development agreement that came before the City Council. Just for some reference, she pointed out there had been several projects already considered by Council and the acreages of those projects had ranged from 3 to 14 acres. Generally those projects, she remarked, had been wrapped buildings with parking structures in the middle and the units wrapped around or they had been podium facilities with the parking below and units above. She pointed out the City was not getting as much variety as they desired and the opportunity to consolidate those smaller pieces of lands into a larger project area which the master site plan process provided for allowed more coordination of infrastructure planning and phasing, which she believed was a real benefit to the area. With Lennar's proposal, 41 acres were consolidated and Lennar was able to create a variety of products and variety of streetscape that would implement the vision the City was trying to achieve. Additionally, the City had hoped all the commercial areas, especially along Market Street, would be developed together, but with the current property configuration and with the existing properties out there developed piece by piece, the City would not have gotten the whole alignment of that street as part of one comprehensive site plan. She pointed to another example; the A&B property with 17 acres filed a master site plan showing different development areas and a public park as part of their project and they also were required to have ground floor commercial on the southside of Gene Autry Way between Market Street and State College. She noted the master site plan process encouraged consolidation of smaller parcels into a larger project area, encouraged comprehensive infrastructure planning, provided for the street system the City needs and with the larger project areas, 44 square feet of park area per unit would be dedicated as a public park. With regard to the number of units and the process, she stated it was set up as somewhat of a race, as the City wanted to create demand, a demand which had been faster than staff anticipated. She noted it was not only A&B asking for additional units, other property owners in the vicinity of the mixed use area as well as along the perimeter were also asking for additional units and staff would be reviewing them. Mayor Pro Tem Chavez closed the public hearing. He stated the Platinum Triangle development, while exciting, had come faster than staff and Council anticipated and he was not comfortable with several issues. The first was the rezoning of the North Net Training Center project when the City had no other site identified for fire training. His second concern was that no site had been identified for a new fire station to service the Platinum Triangle with 3,000 residential units in the process of construction and the potential of thousands of more units. Additionally, Mayor Pro Tem Chavez believed the cumulative impact of traffic on Gene Autry Way west to Haster Street was of concern to him as it was one of the largest workforce neighborhoods housing many families and children, a school and a park. He wanted more ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 20 information as to the impacts traffic would have on that neighborhood. Lastly, Mayor Pro Tem Chavez indicated Council had not been notified that the grand parkway concept was no longer viable and felt that information should be provided and discussed by Council. Mayor Pro Tem Chavez recommended Council continue this hearing to the second meeting in October to give staff the time to explain how public safety would be handled in the Platinum Triangle, and how traffic impacts and connectivity would be controlled as well. Council Member Sidhu was opposed to delaying the project, believing fire safety concerns had been addressed, and that the project as submitted by staff should be approved. Council Member Galloway was supportive of the success of the Platinum Triangle but was also concerned over public safety issues and traffic and would support the continuation to allow additional information to be provided to Council. Council Member Hernandez stated he had conversations with Chief Smith and understood there would be fire protection in the Platinum Triangle and pointed out the concept for the Triangle was for residents to be able to take care of their daily business by pedestrian access to local businesses and services which was why the density was allowed to be higher in that area. He also understood this was one of the biggest projects in the Triangle and would support delaying it in the interests of providing more transportation detail. Mr. Wood pointed out that in delaying Item 41, it was also necessary to delay Item 42 as well stating that postponing the items could have financial impacts to the developers. Mayor Pro Tem Chavez indicated the City had been fast-tracking development in the Triangle which would allow for time to discuss his concerns. With the consent of Council, Mayor Pro Tem Chavez reopened the public hearing and moved to continue the matter to October 25, 2006, seconded by Council Member Galloway. Roll Call vote: Ayes - 4; Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Temporarily Absent -Mayor Pringle. Motion Carried 42. CEQA SUBSEQUENT EIR NO. 332 AND ADDENDUM AND MITIGATION MONITORING C300 PLAN NO. 138 GENERAL PLAN AMENDMENT NO. 2005-00434 AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN (MISCELLANEOUS PERMIT NO. 2005-00111) RESCISSION, IN-PART, OF THE RESOLUTION OF INTENT PERTAINING TO THE RECLASSIFICATION OF SITE 2 (MISCELLANEOUS PERMIT NO. 2005-00116) RECLASSIFICATION NO. 2005-00164 ZONING CODE AMENDMENT NO. 2005-00042 CONDITIONAL USE PERMIT NO. 2005-04999 DEVELOPMENT AGREEMENT NO. 2005-00008 REQUEST FOR CITY COUNCIL REVIEW OF RECLASSIFICATION NO. 2005-00164 AND CONDITIONAL USE PERMIT N0.2005-04999: AGENT: Lennar Platinum Triangle LLC, 25 Enterprise, Aliso Viejo, CA 92656 LOCATION: The Platinum Triangle. The "Lennar Project" encompasses approximate 41.4-acres project site is generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of South Betmor Lane in an area of ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 21 the City of Anaheim known as The Platinum Triangle. The project site is further identified as Sites 1 and 2 on the map below. Site 1 encompasses 31 acres located at 1200-1558, 1700, and 1800 East Katella Avenue; 1301-1395 and 1551 Gene Autry Way; 1870, 1871, 1880, 1881, 1890, 1891, 1900, and 1901 South Chris Lane; 1833 and 1841 South State College Boulevard; 1800 and 1801 East Talbot Way. Site 2 encompasses 10.4 acres located at 1871, 1881, 1891, 1901, 1870, 1880, 1890, 1900 and 1910 South Betmor Lane and 1100 East Katella Avenue. The project site also encompasses portions of South Chris Lane and South Betmor Lane. Subsequent EIR No. 332 and Addendum and Mitigation Monitoring Plan No. 138 - Determination that Subsequent (SEIR) EIR No. 332 and its Addendum and Mitigation Monitoring Plan No. 138 are adequate to serve as the required environmental documentation for the proposed actions. [The Subsequent EIR has been circulated for a 45-day public review and is currently scheduled to be considered by the City Council on September 27, 2005. This SEIR would need to be certified by the City Council prior to the City Council approving SEIR No. 332 and its Addendum for the proposed project actions described in this notice.] General Plan Amendment No. 2005-00434 -Request to amend the Land Use Element of the City of Anaheim General Plan to redesignate Site 2 from the Office High land use designation to the Mixed Use land use designation. This request would not change the permitted overall intensity for these uses as set forth in the General Plan. Miscellaneous Case No. 2005-00111 -Request to amend The Platinum Triangle Master Land Use Plan to incorporate Site 2 into the Platinum Triangle Mixed Use (PTMU) Overlay Zone, Katella District. Miscellaneous Case No. 2005-00116 -Request that the City Council rescind, in part, Resolution No. 2004-180 pertaining to Reclassification No. 2004-00127 in order to rescind resolutions of intent pertaining to the reclassification of Site 2 from the I (Industrial) to the O-H (High Intensity Office) Zone. Reclassification No. 2005-00164 -Request to reclassify Site 2 from the I (Industrial) to the I (PTMU) (Industrial-Platinum Triangle Mixed Use Overlay) Zone. Zoning Code Amendment No. 2005-00042 -Request to amend Chapter 18.20 (PTMU Overlay) and Chapter 18.92 of Title 18 (Zoning Code) of the Anaheim Municipal Code to add educational institutions and condominium hotels as authorized uses subject to the approval of a conditional use permit and to amend the minimum size of balconies for high- rise towers eight or more stories in height. Conditional Use Permit No. 2005-04999 -Request to permit residential tower structures up to 400 feet in height on Site 1 within Development Areas B, D, E, F, M and N of the Master Site Plan. Development Agreement No. 2005-00008 -Request to adopt a Development Agreement between the City of Anaheim and Lennar Platinum Triangle, LLC and Sellers (as listed in the Development Agreement) to provide for the development of a Master Site Plan with up to 2,681 residences in a mix of housing types, including high rise residential towers, street townhomes, podium townhomes, and lofts with 150,000 square feet of street-related commercial development adjacent to a new street designated as Market Street. The plan also includes public park space and new connector streets. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended Council approval of CEOA EIR No. 332 addendum and Mitigation Monitoring Plan No. 138. (6 Yes votes, Chairman Eastman absent). ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 22 Recommended Council approval of General Plan Amendment No. 2005-00434 (PC2005- 126). Recommended Council approval of Amendment to the Platinum Triangle Master Land Use Plan (MIS 2005-00111) (PC2005-127). Recommended Council approval to rescind, in part, Resolution No. PC2004-83 and to rescind, in part, City Council Resolution No. 2004-180, pertaining to the Reclassification of Site 2 (MIS 2005-00116) (PC2005-128). Recommended Council approval of Reclassification No. 2005-00164. Recommended Council approval of Zoning Code Amendment No. 2005-00042. Recommended Council approval of Conditional Use Permit No. 2005-04999. Mayor Pro Tem Chavez moved to continue Item 42 to October 25, 2005, seconded by Council Member Hernandez. Roll Call vote: Ayes - 4; Council Members Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Temporarily Absent - 1; Mayor Pringle. Motion Carried Mayor Pringle returned for the remainder of the meeting. Report on Closed Session Actions: None. Council Communications: Council Member Hernandez reported on the passing of retired City employees Paul Bowles of the Police Department and Don Marshall, Anaheim Hills Golf Course. Council Member Galloway spoke of the recent Gulf Coast hurricanes and announced that the City would host the Anaheim Kindness Caravan campaign for the month of October, which would collect toys for the children of that area. At the request of Council Member Chavez, Fire Chief Roger Smith briefed Council on Anaheim's deployment and the Anaheim Fire Department's role during the hurricanes. He indicated Captain Dave Baker, along with a Santa Ana firefighter, were struck by helicopter debris and airlifted to a trauma center, received aid by Anaheim's Dr. Ken Miller, recovered and had now returned. Council Member Chavez requested a report on Anaheim's emergency response plan in the not too distant future as to who was in charge and what citizens could expect. Mayor Pringle spoke of the UASI Urban Area Security Initiative grant and requested a possible workshop or public presentation relating to Anaheim's emergency response plans. He also noted the Platinum Triangle took into account a transportation plan and circulation element in which street widths and other elements were discussed. However, with the fast-tracking of the development, he wanted to ensure there was more Council participation in the landscape plan for that area and recommended a workshop be held. Additionally, in response to Council Member Chavez's comments on fire safety, he asked that the Fire Chief present a workshop on where the City was in terms of fire safety strategies for the City and potential fire station sites as well as funding status through fire impact fees. He indicated if the City intended to purchase property at the corner of Orangewood and Manchester and if one of the potential uses for that site was a fire station, he would like to see cost and development strategy. ANAHEIM CITY COUNCIL MEETING MINUTES September 27, 2005 Page 23 Mayor Pringle was pleased to announce that Council Members Galloway and Chavez prevailed on the lawsuit which was served on the first day Council Member Galloway took office, stating Mr. Lais was convicted for practicing without a license. Mayor Pringle announced seven names assigned to the Motel Family Taskforce which would sunset after a six month period: Matt Petteruto, Dean Koukalades, Dean Garcia, Jim Palmer, Dawn Lee, Judith Serafini and Jim Parkin. He also reported on Council appointees' merit increases which included a 3.5 percent increase to the City Manager and the City Attorney, a one percent increase to the City Clerk and the Treasurer maintaining salary at the present level. Adjournment: At 8:52 P.M., with the consent of Council, Mayor Pringle adjourned the meeting in memory of Mary Ruth Pinson. Respectfully submitted: Sheryll Schroeder, MMC City Clerk