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2005/10/25ANAHEIM, CALIFORNIA CITY COUNCIL REGULAR MEETING OCTOBER 25, 2005 The City Council of the City of Anaheim met in regular session on October 25, 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: 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 October 21, 2005 at the City Hall exterior bulletin board. PLATINUM TRIANGLE STREETSCAPING PLAN WORKSHOP (P100) Sheri Vander Dussen, Planning Director, reminded Council that the Platinum Triangle Master Land Use Plan provided for a dynamic mix of uses and high density urban housing with a carefully planned network of pedestrian walkways, streetscape improvements and recreation spaces and the streetscape plan was to signify entrance into the Platinum Triangle and create a distinctive character for each street while contributing towards a vibrant, pedestrian urban environment Mayor Pringle confirmed that the landscape plan had been approved by Council at the time the Platinum Triangle Master Land Use Plan was adopted. Ms. Vander Dussen replied the plan had been approved but the actual variety of tree and plant material could be modified due to cost or availability of materials at the time of installation. If any substantial changes were needed that would result in a different concept, she explained, the modified concept would return to Council before implementation. Providing details on the various streetscapes, Ms. Vander Dussen began with Katella Avenue, the core of the new mixed use area with most residents and visitors to the Platinum Triangle arriving on this street which provided access to Angel Stadium, the Grove, the Arrowhead Pond and the proposed ARTIC Station. She indicated the existing streetscape did not have a landscaped median or any consistent parkway treatments and contained noticeable overhead electrical lights and pointed out the approved landscape concept would make a bold palm grove landscape statement with palm trees and flowering shrubs similar to the treatment of Katella Avenue in the Anaheim Resort west of the 5 Freeway. Between the 5 Freeway and east of State College Boulevard, there would be a single row of date palms in the median island and a single row of palms in the parkway, and a white or purple flowering shrub would be planted in the parkway. She added flowering vines such as bougainvillea would be planted adjacent to the trunk of each palm tree along with a complementary orange or yellow flowering shrub and as development occurred on Katella, a second row of matching palms would be added in the private setback area. In addition, adjacent to ground floor commercial uses, the setback area would be paved to provide for more pedestrian access and uses such as outdoor dining. She pointed out the landscaping for Katella would change near the railroad grade separation and further east to the city limits and along this section of Katella, the date palms in the parkway would be replaced with Mexican fan ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 2 palms and palm trees would not be required in the setback area. She pointed out these concepts would provide for a grand entrance to the City and would visually link the Platinum Triangle and the Anaheim Resort. For State College Boulevard, the landscape treatment would extend from Cerritos Avenue to the north and to the southern City boundary. Ms. Vander Dussen indicated the east side of the existing street had landscaped parkways with Mexican fan palms and canopy trees along a portion of the street with an entry treatment at the intersection with Orangewood Avenue but that the majority of the street did not have any landscaped parkways or medians. She noted the primary planned landscape treatment consisted of Mexican fan palms, a flowering tree such as the Golden Trumpet tree, Camphor trees and low flowering groundcover. Mayor Pringle asked if the Golden Trumpet tree was used thematically in any other street and Ms. Vander Dussen responded that information would be researched and provided. She added the parkways would be planted with Mexican fan palms alternated with a flowering canopy tree and that the median island would contain a single row of Camphor trees and low flowering groundcover which would also would be planted in the parkways. Again, to encourage pedestrian access to this area, she pointed out the setback area could be paved adjacent to ground floor commercial uses. For Gene Autry Way, a major entrance to Anaheim Stadium, Ms. Vander Dussen reported the landscape treatment would extend from State College Boulevard to the bridge crossing the 5 Freeway. She pointed out the existing street did not have sidewalks and a combination of large eucalyptus trees and canopy trees had been planted along the roadway, however the landscape concept called for large canopy trees such as the Crepe Myrtle tree, Mexican fan palms and flowering shrubs such as orange day lilies. In connection with the Platinum Triangle Subsequent EIR, Ms. Vander Dussen remarked staff was proposing a minor 4.5 foot increase to the right-of-way width on both sides of the street between State College Boulevard and Betmor Lane, an amendment Council would consider this evening. This extra width would increase the parkway width from five to seven feet and would widen the sidewalk from five to 7.5 feet to better accommodate future pedestrian access, she noted staff was also proposing the landscape plan be slightly modified to provide for canopy trees to be planted in the median island and in the parkways along with yellow day lilies. The Mexican fan palms with flowering vines would be located in the setback area to create a more pedestrian friendly environment offering more shade for residents and visitors to this area while still retaining the dramatic skyline effect. The next street, Orangewood Avenue, stated Ms. Vander Dussen, would have landscape treatment from the I-5 Freeway to the 57 Freeway. The existing street had limited landscape treatment, with some trees in the parkway and a landscape entry statement near State College Boulevard, however, the approved landscape plan for this street, she explained, included Mexican fan palms, a flowering canopy tree such as the Tipu tree, which is found in the Resort area on Harbor Boulevard, and low flowering shrubs such as Natal Plum. The parkways would be planted with alternating Mexican fan palms and the flowering Tipu tree and the Tipu tree would also be planted in the median. Additionally, Natal plum shrubs would be planted in the parkways and medians and a vine such as Boston Ivy would be planted at the base of the palm trees. Again, stated Ms. Vander Dussen, the setback area adjacent to ground floor commercial uses could be paved to provide better pedestrian access. Mayor Pringle asked if the portion of Orangewood Avenue in the City of Orange would have compatible landscape treatment. Russ Maguire, Deputy City Engineer, remarked that by past action, the City of Orange chose not to have parkway or street landscaping as they set their building development too close and did not want to consider ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 3 either a median island on State College or parkway landscaping on either the west side of State College south of Orangewood or the southside of Orangewood. Mayor Pringle requested staff contact the City of Orange again particularly addressing the question of the median island. The City Manager indicated his office would assist Public Works and get in touch with the City of Orange with that request. Mayor Pringle also brought up two concerns related to the landscape concept for Orangewood, specifically objecting to the Natal plum and Boston ivy, suggesting bougainvillea or other flowering shrubs in their place and Ms. Vander Dussen concurred. As new connector streets were developed, magnolia trees would be planted along the ends of the streets, primarily in tree wells or they could be planted in parkways with turf and groundcover depending on whether the adjoining developer chooses to provide on street parking. This concept was to provide a unifying element to all of the new neighborhoods along the connector streets. The final street, Market Street, would be landscaped between Katella Avenue and Gene Autry Way and would consist of a large canopy tree such as the London Plane tree, planted in tree grates in the parkway. According to Ms. Vander Dussen, ground floor commercial uses were required along the full length of Market Street so the setback area could be paved to provide extra room for pedestrian activity and outdoor eating areas as well as access to the new commercial uses. Angled parking would be provided on the west side of the street with additional canopy trees and landscaped fingers with low shrubs or ground cover and parallel parking would be provided on the east side of the street. Along with the landscaping treatment in the Triangle would be complementary streetscape fixtures, many of the same type of streetscape fixtures found in the Anaheim Resort, commented Ms. Vander Dussen. In addition, Anaheim Resort light standard with banners would be used throughout the Platinum Triangle with the exception of Market Street and on the connector streets, which would use a more pedestrian-oriented acorn light. The standard bus shelter used throughout the city would also be used in the Platinum Triangle as well as the same type of newspaper racks and directional signage presently used in the Anaheim Resort. Russ Maguire, Deputy City Engineer, reported once the overall program was adopted as part of the General Plan, Public Works was requested to be the lead on two main elements, the implementation plan for the Public Works backbone facilities (arterials and everything in the arterials, including streetscape, sewers, storm drains, etc.) and a feasibility study for funding both the construction and maintenance of those improvements. He commented a workshop had been set for December 20th for the implementation plan which would describe all the improvements and their costs and schedule as well as the feasibility for funding the construction and maintenance of the improvements. Mayor Pringle confirmed with Ms. Vander Dussen that every development agreement executed by a developer in the Platinum Triangle contemplated the formation of a district to fund the improvements and property owners gave up their right to contest the formation of that district. Mayor Pringle asked if a preliminary schedule for the improvements would be provided at the workshop; Mr. Maguire indicated there would be a schedule with a suggested priority for all public works improvements but it would not address the proposed fire station. Mayor Pringle asked the City Manager when future fire needs would be considered and Mr. Morgan recommended that discussion be added to the December 20th workshop. The Mayor recognized the piece of property at the corner of Orangewood and Anaheim Way purchased from Orange County Transportation Authority might not have a detailed plan in place, but he would like a Council discussion on what elements would be considered for that site; Mr. Morgan concurred. ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 4 Council Member Sidhu asked how the improvements would be maintained ten or twenty years from now. Mr. Maguire indicated the City was looking at a maintenance district for the public improvements but that the local streets would generally be part of the homeowner's association fees. Ms. Vander Dussen remarked the streets were going to be public, but in the case of Market Street and some of the other connector streets, they would be managed and maintained by the local homeowners association. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 3:35 P.M., Mayor Pringle moved to closed session for the following items: CLOSED SESSION 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: National Exhibitions and Communications Group v. City of Anaheim, Orange County Superior Court Case No. 04CC11272. 3. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Dave Hill Employee organization: Anaheim Firefighters Association, Local 2899 4. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Dave Hill Employee organization: Anaheim Police Association 5. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Dave Hill Employee organization: Teamsters Local 952 6. PUBLIC EMPLOYEE APPOINTMENT Title: City Treasurer 7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Agency negotiator: Dave Morgan Negotiating parties: City of Anaheim and National Football League Under negotiation: price and terms At 5:30 P.M. Council reconvened. Invocation: Pastor Jimmy Gaston, Church of Christ ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 5 Flag Salute: Council Member Hernandez requested a moment of silence in memory of Rosa Parks, prior to leading the flag salute. Presentations: City of Anaheim's check to the Red Cross for the Hurricane Katrina Relief efforts. Gary Johnson, Director of Public Works/City Engineer, reported $11,000 had been raised through the 14th annual Transportation Faire put on and attended by over 2,000 employees in the downtown area with various fund-raising events held over the month. The planned recipients of the contribution, the Anaheim Public Library Foundation and the Anaheim Community Foundation, had generously agreed to forego the donation and direct it to the American Red Cross relief effort. Joanna Zavala of the Orange County Chapter of Red Cross, thanked the City employees for their efforts remarking that the chapter had raised $7 million for the Hurricane Katrina relief efforts and had deployed over 300 volunteers to assist in the Gulf coast disaster cleanup. Recognizing Bruno Serato, Anaheim White House Restaurant on receiving the National Restaurant Association Cornerstone Humanitarian of the Year Award. Mr. Serato thanked Council for their recognition. Proclaiming November 1 - 15, 2005, as Anaheim Employees' Charities Weeks. Shari Vander Dussen accepted the proclamation, reporting efforts were underway to increase employee charitable participation during this time period. Recognizing Kevin Ober as Chairman, Anaheim Chamber of Commerce Mike Adams, president of Anaheim Chamber of Commerce paid tribute to Kevin Ober for his service to the Anaheim Chamber of Commerce; Mr. Ober expressed his appreciation to Council for the opportunity to serve the community. Proclaiming November 8, 2005, as Veteran's Day Commemorative Celebration in Anaheim John Mighell, Post 80 of American Veterans, accepted the proclamation and announced specifics of the celebratory event occurring on November Stn Acceptance of Other Recognitions (To be presented at a later date): Recognizing the Leadership Anaheim Graduates, Class of 2005. At 5:47 P.M., the Anaheim Redevelopment Agency was called to order (in joint session with the Anaheim City Council). ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: Item No's. 1 & 20 withdrawn from the agenda by staff. Item No. 33 continued to November 8, 2005. ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 6 PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): William Fitzgerald, Anaheim HOME, addressed comments related to annexation of county areas. Charles Forrester addressed comments related to HUD application. Kathy Flanery related concerns over a criminal court case; Mayor Pringle requested the City Attorney provide details on the matter. Richard McFarland, president of Eli Home, commented on negative remarks made against the Eli Home and its supporters. Saline Arreola, resident of Hermosa Village, complained of tow trucks removing resident vehicles. Mr. Chaefsky thanked Council and staff who worked hard to make the Kindness Care-A-Van successful and encouraged the community to support the collection of toys and books for children of the Gulf coast. . James Robert Reade supported Governor Schwarzenegger's propositions. Mayor Pringle recessed the Anaheim City Council at 6:08 P.M. to consider the Redevelopment Agency agenda and reconvened the meeting at 6:09 P.M. CONSENT CALENDAR: Mayor Pringle removed Item No's. 5, 27 and 29 from the consent calendar for further discussion and indicated he would abstain on Item No's. 11, 12, 13, 14 and 15. Item No. 20 had been withdrawn by staff. Council Member Chavez moved approval of the balance of the Consent Calendar Items 1 -30, seconded by Council Member Galloway 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. Receive and file the Monthly Financial Analysis presented by the Finance Director for one D128 month ended July 31, 2005; the Investment Portfolio Report for the month of September 8105 2005; minutes of the Golf Commission meeting of August 25, 2005; and minutes of the Workforce Investment Board meeting of August 11, 2005. 4. 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 low bid and approve two agreements with Mariposa Horticultural Enterprises, in 1651 a combined amount not to exceed $239,817, for a two year period with three one-year 3736 optional renewals, for landscape maintenance at all Anaheim electric and water utility properties and authorize the Purchasing Agent to exercise the renewals in accordance with Bid #6644. 7. Approve $3,538,000 of expenditure appropriation for Fiscal Year 2004/05 to increase the D128 City's Insurance Fund. ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 7 8. Award the contract to the lowest responsible bidder, Inspection Engineering Construction, 3737 in the amount of $365,563.70, for the Imperial Highway Intelligent Transportation System project (La Palma Avenue to Nohl Ranch Road). 9. Award the contract to the lowest responsible bidder, Terno, Inc., in the amount of $258,335, 3738 for the Running Springs Drive and Weir Canyon Road Traffic Signal Installation project. 10. Award the contract to the lowest responsible bidder, Steiny and Company, Inc., in the 3738 amount of $206,872, for the traffic signal installation at Beach Boulevard and Youth Center Drive and approve appropriation authority for an additional $84,800. 11. Approve the Agreement for Acquisition of Mobile Home and Improvements with Michael 3739 Smith, in the amount of $28,200, for one mobile home located at 1844 South Haster Avenue, Space No. 3, for the Gene Autry Way (West)/I-5 Freeway Highway project. APPROVED 4-0. MAYOR PRINGLE ABSTAINED. 12. Approve the Agreement for Acquisition of Mobile Home and Improvements with Nicanor 3740 Robles, in the amount of $15,900, for one mobile home located at 1844 South Haster Avenue, Space No. 151, for the Gene Autry Way (West)/I-5 Freeway Highway project. APPROVED 4-0. MAYOR PRINGLE ABSTAINED. 13. Approve the Agreement for Acquisition of Mobile Home and Improvements with Charles 3741 Smith, in the amount of $10,950, for one mobile home located at 1835 South Manchester Avenue, Space No. 19, for the Gene Autry Way (West)/I-5 Freeway Highway project. APPROVED 4-0. MAYOR PRINGLE ABSTAINED. 14. Approve the Agreement for Acquisition of Mobile Home and Improvements with Melvin and 3742 Karen Wamhoff, in the amount of $18,800, for one mobile home located at 1835 South Manchester Avenue, Space No. 26, for the Gene Autry Way (West)/I-5 Freeway Highway project. APPROVED 4-0. MAYOR PRINGLE ABSTAINED. 15. Approve the Agreement for Acquisition of Mobile Home and Improvements with Francisco 3743 A. Ramirez, in the amount of $14,300, for one mobile home located at 1835 South Manchester Avenue, Space No. 68, for the Gene Autry Way (West)/I-5 Freeway Highway project. APPROVED 4-0. MAYOR PRINGLE ABSTAINED. 16. Approve the Agreement for Acquisition of Real Property with Carl and Jeanette 3744 Heimberger, in the amount of $13,900, for property located at 2125 East Lincoln Avenue for the State College Boulevard to Sunkist Street widening project. ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 8 17. Approve Amendment No. 10 to Cooperative Agreement No. C-95-965 with Orange County 1363 Transportation Authority in connection with Combined Transportation Funding Program projects. 18. Approve an Encroachment License to allow the applicant/property owner to construct a 3746 portion of a single family home addition within the City's public utility easement at 4715 East Maychele Drive (Encroachment No. ENC2005-00077). 19. Approve agreements with Psomas, URS Corporation, and Willdan, in amounts not to 3747 exceed $400,000, for inspection services for capital improvement projects. 2765 20. Find and determine that it is in the City's best interest to convey City-owned land at 8323 and 8375 East La Palma, without public bidding, in accordance with Section 1222 of the City Charter; and approve and authorize the Mayor to execute a Disposition and Development Agreement by and among the City of Anaheim, the Anaheim Redevelopment Agency, and DWWH, Inc. for the purpose of improving the property (related to Agency Item #1). WITHDRAWN BY STAFF. 21. Approve and authorize the Human Resources Manager to execute agreements with 3748 Creative Benefits, Inc. to perform COBRA and Flexible Spending Account Administrative Services. 22. Approve and authorize the Public Utilities General Manager to execute an agreement with 2764 Edison ESI, to conduct rubber gloving training for Public Utilities Department Employees. 23. Approve and authorize the Public Utilities General Manager to execute an agreement with 3749 Power Engineers, Inc. for the conversion of electric system drawings into the Geographic Information System. 24. Certify that the adoption of the Water Rates, Rules and Regulations is statutorily exempt D182 under the California Environmental Quality Act, Public Resource Code, Section 21080(b)(8), in accordance with Title 14 of the California Administrative Code, Section 15273(a). RESOLUTION NO. 2005-202 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending rates, rules and regulations for the sale and distribution of water as adopted by Resolution No. 72-600 and most recently amended by Resolution No. 2005- 127. 25. RESOLUTION NO. 2005-203 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. 10874 & 10875). 26. ORDINANCE NO. 5998 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM C280 amending various Chapters of Title 18 of the Anaheim Municipal Code relating to errors, omissions, clarifications and updates (Zoning Code Amendment 2005-00041) (Introduced at the Council meeting of October 11, 2005, Item #20). ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 9 28. ORDINANCE NO. 6000 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending Table 4-A of Section 18.04.030 of Chapter 18.04, Table 6-A of Section 18.06.030 of Chapter 18.06 and adding Section 18.40.090 to Chapter 18.40 and amending Section 18.42.060 of Chapter 18.42 and of Title 18 of the Anaheim Municipal Code relating to Zoning. ORDINANCE INTRODUCED. 30. Approve minutes of the Council meetings of September 27, 2005 and October 11, 2005. END OF CONSENT CALENDAR 5. Grant an exclusive franchise to Earthlink, Inc. to mount, install, operate and maintain certain F130 of its equipment in areas approved by Anaheim on certain streetlight poles, traffic signal poles and utilize Anaheim fiber to connect certain radio antennas to its internet point of presence to create a privately owned and operated City-wide broadband wireless network. RESOLUTION NO. 2005-201 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to grant an exclusive franchise to Earthlink, Inc., to install, operate and maintain aCity-wide wireless broadband communications network upon certain City-owned facilities located within the public rights-of-way in the City of Anaheim; stating the terms and conditions upon which it is proposed to grant the franchise; and establishing the date, hour and place when and where any person having any interest therein or any objection thereto may appear and be heard thereon. Tom Wood, Assistant City Manager, reported the City would be granting an exclusive franchise to Earthlink, Inc. to install wireless broadband connectivity throughout the City. He indicated Anaheim would be providing the space, while Earthlink would provide capital and services for the program, remarking the ambitious program was anticipated to take effect January 1S` Don Berryman, Executive Vice President of Earthlink and President of Municipal Network Division, commented the City's process for selecting a vendor was the most efficient and effective process he had been involved in nationwide. Mayor Pringle asked what type of program the City of Philadelphia was using; Mr. Berryman responded that instead of utilizing a franchise agreement process, Philadelphia created anon-profit organization called Wireless Philadelphia to cover 135 square miles of the city and county of Philadelphia. Mayor Pringle explained the City's process in requesting information related to broadband connectivity resulting in a Request for Proposal process from which a provider was not selected. He emphasized this was neither a public utility nor a separate entity and that Anaheim was not creating exclusivity of the airwaves. Mayor Pringle believed there was greater value in making sure the cost of the service was market driven making Earthlink competitive with other ISB providers thus offering the Anaheim community the most value for their dollars. Council Member Sidhu asked if there were any other cities offering the same service and Mr. Berryman responded Philadelphia was the first contract awarded but since that time other cities had reached a Request for Proposal process. Anaheim would be the second City to offer this type of service to its residents. He added that Earthlink anticipated offering a retail price of ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 10 approximately $20 per month and that written into the franchise agreement was the fact they would be upgrading equipment as technology improved. Council Member Hernandez moved to approve Item 5, RESOLUTION NO. 2005-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to grant an exclusive franchise to Earthlink, Inc., to install, operate and maintain aCity-wide wireless broadband communications network upon certain City-owned facilities located within the public rights-of-way in the City of Anaheim; stating the terms and conditions upon which it is proposed to grant the franchise; and establishing the date, hour and place when and where any person having any interest therein or any objection thereto may appear and be heard thereon. Seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried 27. ORDINANCE NO. 5999 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM adding Chapter 4.22 to Title 4, adding Section 18.38.260 to Chapter 18.38 and amending Sections 18.08.030 and 18.92.220 of Chapters 18.08 and 18.92 respectively, of Title 18 of the Anaheim Municipal Code relating to smoking lounges. Mayor Pringle said he pulled Item No. 27 from the consent calendar to remark there had been complaints received related to late hours, noise related to smoking lounges and the City had taken steps for a permit process to allow action should the rules governing the permit be violated. Sheri Vander Dussen reported the Planning Commission had recommended the adoption of the ordinance with the goal to create astream-lined, business-friendly, administrative process to permit smoking lounges so long as they operated under the criteria intended to minimize potential impacts to adjoining residential and business uses. She indicated a conditional use permit would not be required, but that staff would issue the permit which would comply with State and local regulations with respect to land use as well as indoor smoking. Proposing to allow smoking lounges in all commercial zones within the City, Ms. Vander Dussen indicated they would have to be located at least 200 feet from any residential zone or residential use and 1,000 feet from any school. Activities that would be permitted as part of the regulatory permit would include indoor smoking, outdoor seating, similar to a restaurant, food and beverage service (typically prepackaged items) and recorded music. Activities not permitted in conjunction with a smoking lounge would include service of alcoholic beverages, fees for entry, live entertainment or amusement devices (arcades). These activities, Ms. Vander Dussen pointed out, required a conditional use permit per existing zoning regulations as they could potentially change the dynamics of a business from one in which patrons simply gather and socialize to one that operates more like a nightclub, which has the potential to disturb nearby residents. Ms. Vander Dussen indicated there were eleven existing smoking lounges currently operating in Anaheim and they would be required to conform to the new regulations with the exception of the location criteria, because many of the businesses don't meet the location criteria of 1,000 feet from a school or 200 feet from a residential zone and the parking standards as well. She remarked ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 11 there had been numerous complaints from the Police Department and Community Preservation Office with noise being the most predominant complaint and she expected those activities would be reduced and possibly eliminated by compliance with the operating standards included in the draft ordinance. Mayor Pringle asked what the fee was for the permit and Ms. Vander Dussen replied the permit fee would be $150. Council Member Sidhu remarked Anaheim was a business friendly city but also wanted to insure citizens were protected and that regulations were in place to be followed and protect neighborhoods. Council Member Chavez asked how a smoking lounge cafe could provide entertainment, if they wished. Ms. Vander Dussen indicated a conditional use permit was required so the Planning Commission would have the opportunity to determine if there were certain conditions that should be imposed to insure activities would not disturb nearby residents or existing businesses, which was the same process every restaurant had to follow. Council Member Chavez was supportive of the ordinance and it would allow the business to be regulated so that others would not be impacted. Council Member Galloway asked how the permit process would work; Ms. Vander Dussen indicated a regulatory form would be submitted at the business license counter and a fee of $150 would be paid. Council Member Galloway asked how involved the Police Department was in the oversight of smoking lounges and the reply given indicated there was not scheduled oversight of the smoking lounges, that typically officers would review two or three times a year. Council Member Hernandez asked if entertainment was added would that not place the business in a different category related to fire safety (number of maximum seating and exits) Ms. Vander Dussen indicated there were additional regulations that could apply as uses evolve or change and fire safety was one of the items examined through the conditional use permit process. She pointed out the Code did not differentiate between shades of live entertainment, that it could be a guitarist with no amplification or a live rock band. This was why any entertainment proposed in a smoking lounge would be subject to the conditional use process so that the Planning Commission could review and impose conditions as appropriate, especially since complaints had been received relating to smoking lounges with live entertainment. Council Member Sidhu moved to introduce ORDINANCE NO. 5999 AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 4.22 to Title 4, adding Section 18.38.260 to Chapter 18.38 and amending Sections 18.08.030 and 18.92.220 of Chapters 18.08 and 18.92 respectively, of Title 18 of the Anaheim Municipal Code relating to smoking lounges. 29. Ratify the appointment of Marcie Edwards to the Board of Directors of the Metropolitan 0148 Water District, replacing Tom Tait. Mayor Pringle pointed out Anaheim was one of three cities in Orange County that directly appointed individuals to represent the community on the Metropolitan Water District Board and that former Council Member Tom Tait had served in that capacity. Mayor Pringle then nominated Marcie Edwards to fill the appointment, seconded by Council Member Chavez. Roll call vote: ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 12 Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. 31. Consider a proposed amendment to the City Charter to prohibit the use of eminent domain M142 for purposes of economic development (Continued from the Council meeting of September 27, 2005, Item #36). Mayor Pringle indicated he wanted to keep this item on the agenda to allow individuals to comment on the proposed amendment. With the consensus of Council, he continued Item No. 31 to December 6, 2005. 32. Presentation considering Anaheim's emergency preparedness plans and activities. D129 RESOLUTION N0. 2005-204 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Hazard Mitigation Plan for the City of Anaheim. MOTION: Authorize the City Manager to submit the Plan to the Governor's Office of Emergency Services and the Federal Emergency Management Agency. Dave Morgan indicated Council had requested a presentation on the City's emergency preparedness plan and activities and additionally, there would also be a presentation on the City's proposed Hazard Mitigation Plan to ensure Anaheim eligibility for FEMA funds. Fire Chief Roger Smith began his presentation listing potential disasters that could occur in Anaheim, such as earthquakes, wildfires, Prado Dam flooding as well as international or domestic terrorism events. He explained the Disaster Relief and Emergency Services Act required municipalities (through federal, state and local guidance programs) to establish and follow an emergency response plan. HAZARD MITIGATION PLAN (HMP} - A component of this process was the establishment of a natural hazard mitigation plan designed to protect city-owned facilities and infrastructure. Chief Smith indicated this pre-disaster plan would demonstrate how a community could lower its risk and exposure to disasters and included a variety of measures, modified code regulations, construction projects, educational programs, and equipment acquisitions. Having the Hazard Mitigation in place would not preclude a city from participating in federal recovery reimbursements; however, having it in place would be cost effective, build partnerships, reduce losses and facilitate recovery as well as establish funding priorities. Chief Smith indicated the Hazard Mitigation Plan would outline short and long-range mitigation goals, document on-going mitigation activities, and demonstra#e how a municipality would carry out mitigation. In addition, the plan would fulfill Federal requirements and position the City to be eligible for submitting for a variety of hazard mitigation grant programs. He remarked there were 27 short and long-range activities within Anaheim's HMP and the City was seeking grant funds for continuation of upgrades to Walnut Canyon Dam and flood protection walls to surround a utility substation. EMERGENCY RESPONSE PLAN -Chief Smith reported the plan was written to demonstrate how a community would respond to a grave emergency or disaster. The City's plan was approved by ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 13 all authorities including the State Office of Emergency Services (OES) with OES just recently providing commentary to the City and both Police and Fire Disaster Managers were working through the document to update the plan to reflect new federal government compliance related to National Incident Management System (SIMS). He remarked a copy of this plan was on file in the City Clerk's office and was updated every three years. One of the lessons learned from Hurricane Katrina, Chief Smith commented, was to put together a task force of public safety, utilities and community services staff to gather data and assistance and disseminate that information to City officials and employees, residents and various volunteer groups so all would have a better idea of what to do in emergency situations. Chief Smith noted there was training provided related to weapons of mass destruction, NIMS training, first responder awareness citywide with employee and public safety personnel, and command officer training both at fire and police department levels related to terrorist events. He also reported there were strategies in place to prevent situations from occurring and safety personnel worked to identify risks. In addition, ten tabletop exercises relating to emergency preparedness were performed involving all cities and associated agencies such as health care facilities, schools, etc. As well, he noted there were monthly emergency operation center meetings for City employees, key command staff and any of the private sector partnerships to go over lessons learned, review situations, and do educational pieces on incident command or NIMS so that many things were being done locally to be ready. He stated there was not another city in Orange County that had the level of equipment nor the training Anaheim had regarding chemical, biological, radiological and nuclear explosive devices. Citizen preparedness was also in place with over 600 residents certified in Anaheim, and a mobile education unit was being put together taking CERT on the road and putting together a mobile education unit to go out into the communities to provide this information. According to Chief Smith, there is much information available, both in pamphlets, flyers, etc. in the Disaster Preparedness office. Mr. Morgan ended the presentation by indicating the City had a complex and comprehensive emergency preparedness plan and was one of only two Orange County cities and a handful of cities in the state receiving homeland security funding from the federal government to assist the City in preparing and responding to any potential threat. He added Anaheim was one of four cities in the nation that participated in the Smart City program and selected to advance technological tools to ensure Anaheim was well prepared and ready to respond and test some of these systems to be eventually presented across the country. He indicated action was necessary to approve the resolution for the Hazard Mitigation Plan for submittal to FEMA. Council Member Chavez asked if there was a massive call for help from Anaheim, who would be in charge and who would be making decisions. Chief Smith indicated that Anaheim would always retain command authority but would unify with a variety of agencies both state and federal. He emphasized the important point was that Anaheim be prepared, understand the community's needs and call other agencies in for help and articulate those needs. Council Member Chavez asked if it was safe to assume residents should be prepared to be on their own for at least three to five days; Chief Smith concurred that in the event of a major disaster, local resources would be exhausted quickly and residents should prepare themselves at least three to five days until other resources became available. ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 14 Council Member Hernandez emphasized Anaheim was recognized as a leader in the area of emergency response and was now in the process of honing the response system for the City. He indicated cities in California would be better prepared and more experienced in disaster response than any other state due to the number of wildfires that have occurred over the years and have developed a system of working well with other agencies. Council Member Hernandez moved to approve Item 32, RESOLUTION N0.2005-204, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Hazard Mitigation Plan for the City of Anaheim, seconded by Council Member Chavez and authorize the City Manager to submit the Pian to the Governor's Office of Emergency Services and the Federal Emergency Management Agency. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. PUBLIC HEARINGS: 33. This is a public hearing to consider the acquisition and condemnation of a portion of certain P121 real property located at 2501 East Lincoln Avenue for the Lincoln Avenue/Sunkist Street Intersection Project. This item continued to November 8, 2005. Mayor Pringle indicated he would not be present during the public hearings for Item No's. 34 and 35 due to a potential conflict of interest. He indicated that on Item 35, he had a previous business relationship with a company that was then purchased by Lennar, therefore that created an economic conflict and he would not be able to participate for a few more months. Regarding Item 34, one area dealing with the width of the road on Gene Autry Way, City Attorney has indicated there may be a conflict, Mayor Pro Tem Chavez conducted the hearings. 34. CONTINUED PUBLIC HI C300 WATER SUPPLY ASSE FINAL SUBSEQUENT E AND MODIFIED MITIGA GENERAL PLAN AMEN MENT FOR THE PLATINUM TRIANGLE (MIS2005-00122 R- N MON RT N0.332 an RECLASSIFICATION NO.2004.00134 ZONING CODE AMENDMENT N0.201 LANEOUS CASE N RING PROGRAM N0.106A )04-00420 0036 19, 2005-00114 and 2005.00115: 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. ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 15 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 wilt 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" (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. ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 16 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). 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). ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 17 Recommended City Council approval of an amendment to The Platinum Triangle Standardized Development Agreement, (by motion) (Miscellaneous Case No. 2005- 00114). (Continued from the Council meeting of September 27, 2005, Item #41). Mayor Pringle not present for this matter due to a potential conflict of interest. Mayor Pro Tem Chavez indicated the hearing had been continued from September 27, 2005 and that public comments had been received but that additional public testimony would be taken this evening. Sheri Vander Dussen, Planning Director, reported this hearing had been continued to allow staff to provide Council with additional information regarding various aspects of the project. The first request related to a separate project currently underway to extend Gene Autry Way west of the I-5 Freeway and how the construction of that street extension between the I-5 Freeway and Haster would affect the neighborhoods to the west of the Platinum Triangle. She indicated the status of additional fire stations to serve the Platinum Triangle was also requested as was a description of the Platinum Triangle streetscape and landscape plan. She explained the requested information was described in the staff report and the streetscape/landscape plan had been discussed in the earlier workshop. The Gene Autry Way project between the I-5 Freeway and Haster Street was currently in process. Ms. Vander Dussen indicated right of way acquisitions had been underway, with construction anticipated to start in September, 2007 with completion by summer of 2009. That project, she explained, was not a part of the Platinum Triangle and no changes were proposed to the approved design for that street segment. Referring to impacts from that project to the neighborhoods to the west of the I-5 Freeway, Ms. Vander Dussen indicated connecting Gene Autry Way with Haster Street would add additional traffic onto Haster Street. She indicated the impacts of those trips were analyzed and mitigated as part of two EIR's prepared in connection with the extension of Gene Autry Way and as part of the project, improvements would be made to Haster Street to facilitate overall circulation including the installation of a new traffic signal at the intersection of Gene Autry Way and Haster Street to allow pedestrians to safely cross Haster. She noted Haster Street would also be widened from four to six lanes between Katella and Gene Autry and a new left turn lane would be provided from southbound Haster Street to eastbound Gene Autry Way. This project, she emphasized, would improve the overall mobility in the area and provide better access in the neighborhoods west of the I-5 Freeway to the Platinum Triangle. In the Platinum Triangle itself, Ms. Vander Dussen stated, the ultimate right-of-way for Gene Autry Way between State College Boulevard and Betmor Lane was proposed to be widened by 4.5 feet on each side of the road which would provide for a slightly wider parkway and sidewalk within the public right-of-way which resulted in a pedestrian friendly streetscape and would only affect the portion of Gene Autry Way in the Platinum Triangle. With regard to fire stations, Ms. Vander Dussen commented the Fire Department had identified the need for two new stations to serve the ultimate build-out of the Platinum Triangle. Last month, she explained, Anaheim acquired a site along Santa Cruz Street north of Orangewood Avenue which had been identified as a potential site for a battalion headquarters and ultimately include three fire companies, an ambulance, a company officer facility and a battalion chief. She added a second fire station housing one company would be needed by about 2015 and staff was in the process of exploring potential locations in the north/central area of the Platinum Triangle. In addition, she noted interim fees for fire facilities were currently being collected as part of the development agreement with developers in the mixed use district; however, these fees would not be sufficient to cover the full cost to acquire the land and construct the new fire stations. Within the next two months, the Fire Department would be providing Council with a recommended funding plan which was expected to include new fees. ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 18 Ms. Vander Dussen remarked that earlier today, Council held a workshop on the landscape component proposed for each of the streets in the Platinum Triangle which would create a memorable, unified and civic scaled public landscape to compliment the land uses in the Platinum Triangle. She ended by saying staff recommended Council certify the Subsequent EIR and approve the proposed actions as outlined in the staff report and draft resolutions and ordinances. Mayor Pro Tem Chavez opened the public hearing. Barbara Gonzales, resident of the downtown and speaking as a trustee of the Anaheim City School District, spoke of the educational impacts resulting from children generated by the Platinum Triangle. She asked that Council as well as City planners be on the lookout for a larger site for the Anaheim City School District to develop and construct a school to serve the Platinum Triangle children. Tim Payon, A&B Property Corporation, had commented at the September 27th hearing and sent a letter to Council. He was not speaking for or against the project but requested Council provide direction as to how the dilemma (which was being created by actions Council would be taking on this item) could be resolved. He noted since the last hearing on this matter, A&B Property had modified their own application for units in the Platinum Triangle, a process that would expand the number of units in their project. He indicated A&B was seeking to get a share of the units equal to their share of the land within the Triangle. He stated if the two projects on tonight's agenda were approved, Council would be proactive in requesting staff to move forward with some changes that would be more equitable to all of the landowners in the Triangle. Shari Vander Dussen offered rebuttal testimony. She indicated this project would increase the residential cap in the Platinum Triangle by 325 dwelling units and developers had been paying school fees as building permits were issued, a funding source going directly to the school district. She indicated staff was committed to working with the school district to identify sites or work cooperatively with them to try to resolve any issues that result from the addition of new children in any of the districts serving the area. Relating to Mr. Payon's comments, Ms. Vander Dussen recognized his concern was also with respect to the fact that if the Lennar application was approved tonight, there would be very few units left for development potential in the Gene Autry district within the Platinum Triangle and in his letter he indicated that his client would like to see the City take proactive action to increase the number of residential units that could be built in the Platinum Triangle. She remarked staff had begun to do some tentative analysis of some of the infrastructure issues in the Triangle to see how many additional units might be able to be added and she believed it was better for the City to look at increasing the cap overall so the infrastructure issues could be looked at on a comprehensive basis as opposed to having individual property owners file general plan amendments. The sanitation district, she commented, also expressed support for that type of proactive planning because they need to size their systems as well and it was difficult to continue to make incremental increases. Ms. Vander Dussen would be presenting to Council some options with respect to potentially increasing the number of units in the Platinum Triangle as well as some cost estimates as it would require some technical analysis and environmental review. With no other testimony offered, Mayor Pro Tem Chavez closed the public hearing. ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 19 Mayor Pro Tem Chavez remarked that at the last meeting, Council had asked the hearing to be continued based on traffic impacts to the neighborhood west of the freeway and fire safety issues. After discussion with staff, Mayor Pro Tem Chavez was confident the issues had been thoroughly reviewed and the City had a good plan for dealing with the traffic. He remarked the beauty of the Platinum Triangle project was the encouragement of pedestrian use, rather than vehicular use. For the fire safety issue, Mayor Pro Tem Chavez asked when the City could anticipate breaking ground or having a fire station built in the Platinum Triangle; Mr. Morgan replied the first station was expected to open in late 2007 or early 2008, with the second station more close to build out and probably completed in 2014. Council Member Galloway asked what the process would be for developers who might want to increase the number of units in Gene Autry Way area. Ms. Vander Dussen indicated the Platinum Triangle was almost out of intensity in all of the districts where private owners are predominant. She explained there were two ways to increase the intensity; for the City to initiate a general plan amendment and zone change to add to the cap of the residential units or to allow individual property owners to request individual general plan amendments and zone changes to increase the cap. She noted that intensity would be assigned specifically to their parcel and the City would be looking at the infrastructure impacts on an incremental basis. She added they could explore the transfer of dwelling units from districts where remaining intensity was available such as the stadium site. Council Member Sidhu moved to approve the EIR and associated resolutions and ordinances; seconded by Council Member Hernandez. RESOLUTION NO. 2005-205 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE WATER SUPPLY ASSESSMENT FOR THE PLATINUM TRIANGLE (MIS2005-00122). RESOLUTION NO. 2005-206 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING THE FINAL SUBSEQUENT EIR NO. 332, ADOPTING A STATEMENT OF FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS and UPDATED AND ADOPTING THE UPDATED MITIGATION MONITORING PROGRAM NO. 106A. RESOLUTION NO. 2005-207 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2004-00420 PERTAINING TO THE LAND USE ELEMENT AND THE CIRCULATION ELEMENT RESOLUTION NO. 2005-208 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN (Miscellaneous Case No. 2004-00089). ORDINANCE NO. 6001 (INTRODUCED) AN ORDINANCE OF THE CITY COUONCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.20 OF TITLE 18 OF ANAHEIM MUNICIPAL CODE RELATED TO ZONING AND DEVELOPMENT STANDARDS (ZONING CODE AMENDMENT NO. 2004-00036). RESOLUTION NO. 2005-209 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING IN PART RESOLUTION NO. 2004-180 AND FINDING AND DETERMING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 20 ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED (RECLASSIFICATION NO. 2004-00134 AND MISCELLANEOUS NO. 2004-00115). ORDINANCE NO. 6002 (INTRODUCED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2004-00134). RESOLUTION NO. 2005-210 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE STANDARD DEVELOPMENT AGREEMENT FOR THE PLATINUM TRIANGLE (Miscellaneous Case No. 2005-00114). Roll call vote: Ayes - 4; Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Abstain - 1; Mayor Pringle. Motion carried. 35. CONTINUED PUBLIC HEARING: C300 CEQA SUBSEQUENT EIR NO. 332 AND ADDENDUM AND MITIGATION MONITORING 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 NO. 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 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 [The Subsequent EIR has been circulated fora 45-day public review and was scheduled to be considered by the City Council on September 27, 2005, continued to October 25, 2005. This SEIR would need to be certified by the City Council ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 21 prior to the City Council approving SEIf2 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 CEQA EIR No. 332 addendum and Mitigation Monitoring Plan No. 138. (6 Yes votes, Chairman Eastman absent). 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. (Continued from the Council meeting of September 27, 2005, Item #42). Shari Vander Dussen, Planning Director, provided an overview of Lennar "A" Town project located between Gene Autry Way and Katella Avenue and State College Boulevard and Betmor Lane. She indicated it included 2,681 dwelling units in addition to about 150,000 square feet of ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 22 ground floor commercial along Market Street and it was the 8th application to be presented to Council since the Platinum Triangle regulations were approved. A Town Metro consisted of approximately 41 acres, Ms. Vander Dussen stated, and as it was not feasible to develop the entire site at one time, Lennar was processing a master site plan, the first to be processed and would accommodate the consolidation of parcels to allow for more comprehensive site planning. The master site plan represented 15 development areas that would combine to create a mixed use urban community featuring residential and commercial uses as well as 3.5 acres of public parkland. Each development area, she noted, was assigned a target number of dwelling units, commercial square footage and maximum building heights. A key feature of the plan was to create Market Street, which would provide convenient access to local services and create the background for a unique urban district by promoting mixed use and the opportunity for residents and workers to be less dependent on the automobile. The plan also depicted five new public streets unifying the neighborhoods. To facilitate traffic flow to adjacent arterial highways, Ms. Vander Dussen reported there would be signalized intersections constructed at Market Street and Katella Avenue, lining up with BRE's project which had already been approved to the north as well as the intersection of Market Street and Gene Autry Way. The project site, she remarked, was currently developed with industrial buildings and two motels all of which would be demolished. Site one was 31 acres and presently zoned for mixed use; site 2 was the 10.5 acre portion to be added to the mixed use district by Council action tonight. Lennar proposed six themed districts, each with a distinctive neighborhood character and a mix of housing types including high rise residential towers, street town homes, podium town homes and lofts. These new neighborhoods would be unified by the new Market Street and groundfloor retail development. Ms. Vander Dussen explained several Council actions would be required to entitle the applicant's request. In order to construct residential uses on site 2, the applicant requested to change the current general plan designation from office high to mixed use and to reclassify site 2 to add the mixed use overlay to the existing industrial zone. No additional density was being requested in the Platinum Triangle in conjunction with the redesignation, rather the existing intensity that would be allowed would be spread across a greater number of acres. Secondly, she pointed out, the applicant also requested a code amendment that would conditionally permit educational institutions and condominium hotels in the Platinum Triangle. The amendment would also modify the minimize size and dimension of private balconies to accommodate the design of high rise residential towers, but would not reduce the overall amount of open space required for the project. Lennar was also requesting a conditional use permit. Ms. Vander Dussen clarified the zoning code allowed buildings to exceed height of 100 feet in the Platinum Triangle subject to approval of a conditional use permit. She commented Lennar was the first developer to request such an allowance and that the high rise product type was an important contribution to development of the Triangle in creating a dynamic mix of uses in creating an urban location. Final detailed plans for each of the high rise buildings would be submitted at a later date though the final site plan process and subject to planning review. In order to implement this project, the Platinum Triangle Master Plan Overlay Zone required Council approval of a development agreement which had an initial five year term but provided for automatic extensions of three additional five year terms subject to certain milestones being achieved. Ms. Vander Dussen indicated construction of the project was anticipated to begin in the spring of 2006 and expected to continue to 2025. Since the Planning Commission hearing, staff also had made refinements to the development agreement, provided to Council, pertaining primarily to conditions of approval. In addition, two proposed changes to exhibit B5, to amend ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 23 Condition No. 66 regarding timing of installation of reverse sewer lines and adding Condition No. 103 regarding the process of modifying development area boundaries. Ms. Vander Dussen indicated Lennar was agreeable to the changes. She added there had been some concern expressed that the allocation of the number of units proposed for the Lennar project was unfair with respect to the ratio of land that Lennar controls in this particular district. However, she pointed out, staff's position was that the Lennar project did a very good job implementing the goals identified for the Platinum Triangle. It created a true mix of uses, created a variety of housing types and a high density area that focused development potential and pedestrian activity in the court area. She believed the approval would be a great step in realizing the goals Council established for the Platinum Triangle with the adoption of the zoning and general plan designation. Mayor Pro Tem Chavez opened the public hearing. Richard Knowland, Regional Vice President for Lennar, stated Lennar agreed and concurred with staff's recommendations and was looking forward to a different approach for the multi-year, mixed-use urban development on their site. He remarked the company was intrigued initially as the Platinum Triangle provided a new array of opportunities not contemplated for Orange County before. Realizing the property ownership of the Platinum Triangle was primarily made up of small one to three acre parcels and that these smaller developments would occur over time, Lennar recognized a similarity in terms of density could happen there. Lennar's solution was to gather an assemblage of land; made up of 30 individual properties that Lennar independently purchased for a mass of 40 plus acres of land. He remarked it took a while to do that but Lennar felt that was the key to unlock the vision of what the Platinum Triangle could be which was introducing a new downtown to Orange County. Embracing that vision, Lennar looked at other successful urban areas in the state as well as nationwide with activities that occur 24/7, public transportation, jobs, retail and entertainment that's a short walk away and that was the promise for the Platinum Triangle. The other advantage, he reported, was the master planned community idea which Lennar believed would create value for the Platinum Triangle. Mr. Knowland provided details on the proposed A Town which would cover less than 30 percent of what Council had already approved or was in process. Using the ten principles of smart urban growth, Lennar was guided by the following: walk ability, connectivity both in and outside of A Town, mixed use and diversity (generational, cultural, housing, retail) mix of house, quality architecture and urban design, a traditional neighborhood structure which was streets and blocks, increased density, smart transportation, sustainability and the quality of life. Lennar believed Anaheim was the right choice for this new urban downtown as it was centrally located in southern California, regional and national/international venues were located very close by within walking distances, there was existing infrastructure relative to freeways and roads and more importantly a metro link station and the promise of greater use and greater opportunities to utilize public transportation within the Platinum Triangle that you just can't find in other places. Being adjacent to Angel Stadium, the Pond, the Medical Center, shopping at the Block, the convention center and the Disney Resort and Downtown Disney, he emphasized, could never have been created in another urban area He stated Lennar would be working on making sure residents within the Triangle and A Town utilize the commuter network through encouragement and incentives. He commented Orange ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 24 County Transportation Authority and others were working hard to increase the amount of ridership and believed A Town would be a good place for that to happen. In addition, the local Anaheim Trolley system, the future ARTIC program and other innovative shared vehicle uses would be an added component to the pedestrian-inspired project. He added the mix of housing from affordable to luxury would attract not only multi-generational residents, but singles, couples and perhaps families with small children who would find a broad array of housing opportunities in A Town. With that in mind, six different districts with specific architectural and streetscape designs would be created, each district with its own identity. The West Side District would be rezoned into the mixed use area with no increase in density and was created for workforce housing. This would be a residential village with more affordable home sites for young couples or singles. The Crescent Park District would have the lowest density with two and three story townhomes established on the main road into A Town and surrounding Crescent Public Park. The Park Side District would get the most attention, with high rise towers with a public park at the foot of the tower with active park uses. The Lower Market District, on Market Street would contain an area for the "live/work" lofts program. Residents in this town home would have a shop downstairs on street level which would contain individual "Mom and Pop" stores. Upper Market Street would contain more residential-serving retail, including groceries, bookstores, coffee houses, cleaners and other resident services. The Plaza District would be at the heart of A Town with a signature tower area, with ground floor retail as well. Mr. Knowland ended by stating Lennar had $200 million invested in A Town and that the 30 properties they had purchased had generated about $450,000 in property tax revenue for Anaheim, but at build-out property tax was estimated to be over $22 million. He emphasized the project created funding sources for future maintenance of the properties and would provide 300 to 500 permanent jobs and tens of thousands of jobs in the building of the area. Mr. Knowland indicated Lennar had talked to the Anaheim Chamber of Commerce about having a "local business first" for consideration in the A Town retail and would also promote the idea of having Anaheim residents going to A Town. Casey Taormina Elkins, indicated the Taormina family unanimously endorsed and supported A Town as proposed by Lennar Corporation remarking they were amulti-billion dollar company with investments worldwide and a standard of quality, and professional integrity unmatched. Todd Ament, President of Anaheim Chamber of Commerce, remarked that of all the top 100 employers in Orange County, housing was the number one item for growth in the region. He added that anything the City did to add housing stock would be good for business. He reported that in a discussion with Lennar Corporation a buy locally program would be considered and Anaheim businesses would have first chance at the retail opportunities in A Town. Jim Adams, Los Angeles Building Trade, indicated there were initially some concerns over using local contractors and after meeting with Lennar Corporation, Lennar would ensure a list of local contractors would be provided to the developers participating in the A Town projects. His organization wanted to make sure contractors who were qualified, local and paid area standard wages and benefits would be used in the development of A Town. . Mayor Pro Tem Chavez referenced the buy local first program and in a discussion with Mr. Jim Adams, noted there would be outreach program in place and when work became available, the local contractors would be made aware of it and future builders would be provided a list of available local contractors. ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 25 Council Member Galloway thanked Lennar for providing priority to local businesses in labor and in goods. Recognizing that Lennar was not required to provide low income and very low income affordable housing, she asked if his company had any plans to participate in other parts of the City, particularly in redevelopment areas related to affordable housing projects. Mr. Knowland indicated Lennar had conversations with a developer about getting involved in redevelopment areas, but would also be providing for moderately priced workforce housing in A Town. Public hearing closed. Mayor Pro Tem Chavez thanked all those involved for their vision for the Platinum Triangle which was now coming to fruition. He had previously discussed his concerns to maximize the use of local labor and had assurances from Lennar and the assistance of the Anaheim Chamber to make this happen. He recognized Lennar was not required to provide low income and very low income affordable housing in the Platinum Triangle, and referenced the City's Affordable Housing Strategic Plan which would address this issue, although in other areas of the City. He was satisfied the City properly addressed traffic, public safety and transportation issues and believed Lennar's A Town project was poised to become the future Orange County downtown area. Council Member Sidhu stated he felt the A Town project was an innovative approach and that all issues had been addressed. Council Member Sidhu moved to certify the environmental documents, seconded by Council Member Hernandez to approve the FINAL SUBSEQUENT EIR NO. 332 AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 138; approve the following resolutions and introduce the following ordinances: RESOLUTION NO. 2005-211 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2005-00434 PERTAINING TO THE LAND USE ELEMENT. RESOLUTION NO. 2005-212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE PLATINUM TRIANGE MASTER LAND USE PLAN (Miscellaneous No. 2005-00111). RESOLUTION NO. 2005-213 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING IN PART RESOLUTION 2004-180 AND FINDING AND DETERMINIG THAT THE ZONING MAP REFEERED TO IN TITLE 18 OF ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED (RECLASSIFICATION NO. 2005-00164 AND MISCELLANEOUS NO. 2005-00116. ORDINANCE NO. 6003 (INTRODUCED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2005-00164). ORDINANCE NO. 6004 (INTRODUCED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING PORTIONS OF CHAPTER 18.20 AND AMENDING SECTION 18.92.060 OF CHAPTER 18.92 OF TITLE 18 OF THE ANAHEIM CITY COUNCIL MEETING MINUTES October 25, 2005 Page 26 ANAHEIM MUNICIPAL CODE RELATING TO ZONING (ZONING CODE AMENDMENT NO. 2005-00042) RESOLUTION NO. 2005-214 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2005-04999. ORDINANCE NO. 6005 (INTRODUCED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING DEVELOPMENT AGREEMENT NO. 2005-00008 BY AND BETWEEN THE CITY OF ANAHEIM AND LENNAR PLATINUM TRIANGLE LLC AND SELLERS, ii MAKING CERTAIN FINDINGS RELATED THERETO AND iii AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT BY AND ON BEHALF OF THE CITY Roll call vote: Ayes - 4; Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Abstain - 1; Mayor Pringle. Motion carried. Mayor Pringle returned to the dais. Report on Closed Session Actions: None. Council Communications: Council Member Hernandez thanked the audience for their interest in Anaheim. Council Member Galloway reminded the community there was less than one week to donate toys to Care-A-Van for Gulf Coast kids. Adjournment: With the consent of Council, Mayor Pringle adjourned the meeting at 8:48 P.M. Respectfully submitted: Sheryll Schroeder, MMC City Clerk