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1999/03/02ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 The City Council of the City of Anaheim met in regular session. PRESENT: MAYOR : Tom Daly PRESENT: COUNCIL MEMBERS : Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken, ABSENT: COUNCIL MEMBERS : None PRESENT: ASST. CITY MANAGER : Dave Morgan CITY ATTORNEY : Jack White CITY CLERK : Leonora N. Sohl PLANNING DIRECTOR : Joel Fick EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT : Lisa Stipkovich REDEVELOPME NT & PROPERTY SERVICES MGR: Robert Zur Schmiede COMMUNITY SERVICES DIRECTOR : Chris Jarvi DEPUTY PLANNING DIRECTOR : Mary McCloskey TRAFFIC TRANSPORTATION MANAGER : John Lower ZONING ADMINISTRATOR : Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on February 26 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 p.m. Mayor Daly. He announced that at the conclusion of the City Council Meeting, the Council will be adjourning the meeting in memory of Police Chief Randall (Randy) Gaston who passed away on February 25, 1999. He set an outstanding example for everyone and the memory of him will guide them in future deliberations because of the extraordinarily high standards he set for public service. For those who wish to pay their respects, it is worth repeating that the public is invited to a procession and funeral for Chief Gaston tomorrow. Services are at 10:00 a.m. at the Crystal Cathedral Church and following the service , the procession will travel to Pacific View Memorial Park for the interment. If there are questions on the details anyone is welcome to call the Council Office or the City Clerk’s Office the first thing tomorrow. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 1. 54956.9(a) - Existing Litigation: Name of case : Delmonico, et al. v. City of Anaheim, et al. (and related cases and cross actions) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 2. 54956.9(a) – Existing Litigation: ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 Name of case : Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone Company, Orange County Superior Court Case No. 77-30-74, ( and related cases). 3. PUBLIC EMPLOYEE APPOINTMENT - Government Code Section 54957: Title: City Clerk 4. CONFERENCE WITH LABOR NEGOTIATOR Dave Hill Agency Designated Representative : Anaheim Fire Association, AMEA. Employee organization : By general consent, the Council recessed into Closed Session. AFTER RECESS: Mayor Daly called the regular Council meeting of March 2, 1 999 to order at 5:21 p.m. and welcomed those in attendance. INVOCATION: Rev. Bryan Crow, from the Garden Church gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: PROCLAMATION 119: : The following Proclamation was issued and authorized by the City Council: PROCLAMATION recognizing the March, 1999, Art Education month in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,219,667.26 for the period ending March 2, 1999, in accordance with the 1998-99 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Meeting (5:26 p.m.). Mayor Daly reconvened the City Council meeting (5:43 p.m.). ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Captain Jamieson , Army Recruiter, 1721 W. Katella Avenue, Anaheim. He is present to introduce himself, other members of his office, and to apprise the Council and citizens of Anaheim what their mission as Army Recruiters is in the local area. He then outlined all of the opportunities available for men and women as a member of today’s Army. He also introduced Rennea H. Myree, Staff Sergeant, U. S. Army Recruiter at the Anaheim Recruiting Station. He invited those who may be interested to call (714) 772-1460 and also left brochures and other material in the back of the Council Chamber for distribution. * * * * * * * * * * * * * * * * * * * * Lee Fowler, General Contractor, 9852 Verde Lomas , Villa Park. His family owns the land on which the Del Prado Mobile Home Park on Euclid Street in Anaheim sits. His father-in-law has owned the property since the early 1930’s. Currently, there are 13 owners, originally, family members. He has made numerous requests to the City in trying to improve the property. One of the requirements of the original 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 CUP was to maintain the property and he is not getting proper assistance from the City in maintaining it as it should be. He then explained problems at the park which he considers major safety violations, basically violations of the electrical code. He also confirmed for the Mayor that he has called City Code Enforcement to cite contractors that refuse to identify themselves on the property. Mayor Daly. He interjected stating he was trying to understand the essence of what Mr. Fowler is asking the City to do. He surmises some of the other owners have arranged for work to be done which he (Fowler) believes has been done without the proper permits. Mr. Fowler stated that was correct and continued to explain the action he took which included calling the Police who, in turn, called Code Enforcement. He also wrote a letter to John Poole, Code Enforcement Manager and requested a reply in writing which he has not received. Mayor Daly. They will ask staff to look into the matter and to give him an answer as soon as possible. He assured Mr. Fowler that the City Code Enforcement staff will do the complete professional job they always do with regard to any violations that are alleged. * * * * * * * * * * * * * * * * * * * Linda Lee Grau , 24 Morning Dove, Irvine. Give Savis Roditis his 100 cabs. It will give the City better transportation. Reduce the size and cost of government. PUBLIC COMMENTS – AGENDA ITEMS: There were no public comments relative to Agenda items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of March 2, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A20: On motion by Mayor Daly, seconded by Council Member McCracken , the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions Nos. 99R-34 through 99R-36 , both inclusive, for adoption. Mayor Daly offered Ordinance No. 5670 for adoption. Refer to Resolution/Ordinance Book. A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. T he following claims were filed against the City and actions taken as recommended: a. Claim submitted by Amber Starr Raines and David Barker c/o Assanti & Greenbaum, P.C. for bodily injuries sustained purportedly due to actions of the City on or about May 9, 1998. b. Claim submitted by Michael E. Peters for property damage sustained purportedly due to actions of the City on or about January 10, 1999. c. Claim submitted by Deborah Dinkel for property damage and bodily injury sustained purportedly due to actions of the City on or about July 14, 1998 . d. Claim submitted by Unicare Insurance Co., c/o Veatch, Carlson, Grogan & Nelson for property damage sustained purportedly due to actions of the City on or about July 14, 1998. e. Claim submitted by Jeffrey David Madau for property damage and bodily injury sustained purportedly due to actions of the City on or about December 17, 1998 . 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 f. Claim submitted by Sunico Industries, Inc., for property damage sustained purportedly due to actions of the City on or about December 21, 1998. g. Claim submitted by John E. Castro, c/o Centro de Orientacion Legal, for property damage sustained purportedly due to actions of the City on or about December 12, 1998. h. Claim submitted by Hyun Woo Park for bodily injury sustained purportedly due to actions of the City on or about January 8, 1999. i. Claim submitted by Robert R. Minnick, for property damage sustained purportedly due to actions of the City on or about August 7, 1998. j. Claim submitted by Astra A. Gomez, for property damage sustained purportedly due to actions of the City on or about August 7, 1998. k. Claim submitted by Lisa Williams for property damage sustained purportedly due to actions of the City on or about August 7, 1998. l. Claim submitted by Thomas J. O’Connor Jr., for property damage sustained purportedly due to actions of the City on or about August 7, 1998. m. Claim submitted by Michael E. Dresser, for property damage sustained purportedly due actions of the City on or about August 26, 1997. n. Claim submitted by Gerald D. Watson, for property damage sustained purportedly due to actions of the City on or about December 5, 1998. A2. 105: Receiving and filing minutes of the Budget Advisory Commission meeting held Wednesday, January 20, 1999. 105: Receiving and filing minutes of the Anaheim Redevelopment and Housing Commission meeting held January 6, 1999; and minutes of the special meeting (joint work session with the Planning Commission) held February 1, 1999. 128: Receiving and filing the Monthly Financial Analysis for six months ended December 31, 1998, as presented by the Finance Director. A3. 167: Awarding a contract to the lowest responsible bidder, Transtech Engineers, Inc., in the amount of $116,988.25 for Big Sky Lane/River Valley Trail and Imperial Highway Traffic Signal Installation; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. (Continued from the meeting of February 23, 1999, Item A2.) Council Member Kring . She noted previously there was concern expressed by a citizen regarding installation of the proposed signal. (See minutes of February 23, 1999, Item A3. where discussion took place.) John Lower, Traffic & Transportation Manager. Staff looked at a comparable intersection, Nohl Ranch Road and Villa Real, where, heading eastbound, there is a 10% grade which is close to the 12% grade at Big Sky and Imperial. They looked at a three-year accident history; there were only two accidents, neither of which could be attributed to the steepness of the grade. The proposed traffic signal at Big Sky and Imperial is the sole access for a 250 home development and meets the peak period traffic signal warrant based on delays. 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 Council Member Tait asked if there was any negative impact to the downhill intersection of Nohl Ranch and Imperial; Mr. Lower answered they do not expect that because with the signalization , that segment of Imperial from Nohl Ranch southerly to the south City limit will be restriped for two lanes in each direction doubling the storage capacity. He does not see traffic backing up from the signal because there are minor traffic volumes from the side streets. Mayor Daly asked if he would still recommend the installation of the signal based on all the facts; Mr. Lower answered, yes. MOTION. Council Member McCracken moved to approve the award of contract to Transtech Engineers to install the signal as recommended. Council Member Kring seconded the motion. MOTION CARRIED. A4. 158: Approving the Acquisition Agreement o f real property located at 1500 South Harbor Boulevard (R/W 5130-6) – Anaheim Resort Area Improvement Project; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $70,754 to McDonald’s Corporation. Mayor Daly. He asked to what extent is the McDonald‘s Corporation cooperating on the monument Sign program along south Harbor. Natalie Meeks , Project Manager, Public Works. Recently McDonald’s has signed up and they will be cooperating in the resort signage. MOTION. Mayor Daly moved to approve the subject Acquisition Agreement as recommended. Council Member McCracken seconded the motion. MOTION CARRIED. Council Member Tait asked if anyone on that section that has not yet signed up; Natalie Meeks . Denny’s is the only one. She deferred to the Planning Department. Mary McCloskey , Deputy Planning Director. They have participation agreements working with everyone other than Denny’s. Staff has tried to talk with them repeatedly and they have refused to participate up to this point. A5. 170: Approving the Final Map of Tract No. 15703, and the Subdivision Agreement with Greystone Homes, Inc., and authorizing the Mayor and City Clerk to execute said Agreement. Tract No. 15703 is located at the east side of Halliday Street on the south side of Orange Avenue, and is filed in conjunction with Reclassification No. 98-99-02, and Variance No. 4345. A6. 158: RESOLUTION NO. 99R- 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to the City. A7. 160: Accepting the low bid of Kent Datacomm, in the amount of $72,108 for Network Infrastructure Equipment, in accordance with Bid #5891. Council Member McCracken . This looks like an innocuous statement on the agenda but it is the upgrade of all computers in every field station in the City and connecting them to the City network. This is a very positive move relative to computer services in the City and a big step forwad. MOTION. Council Member McCracken moved to accept the low bid of Kent Datacomm as recommended by staff. Council Member Tait seconded the motion. MOTION CARRIED. A8. 123: Authorizing the Purchasing Agent to exercise the renewal of an Agreement with Kato Landscaping, Inc., a.k.a. Mike’s Landscaping and Maintenance, Inc., in an amount not to exceed 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 $35,490 for one year for landscape maintenance, and authorizing the Purchasing Agent to exercise two one-year future annual renewals, in accordance with bid #5571. A9. 155: ORDINANCE NO. 5670 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM enacting the City of Anaheim Resort Area Procedural ordinance. (Introduced at the meeting of February 23, 1999, Item A22.) A10. 123: (1) Approving an Agreeme nt for consulting services with Peterson Consulting Group, Inc., to assist the City Manager’s Office in negotiations with Southern California Edison for a new franchise agreement; and (2) authorizing the increase in General Fund revenues and expenditures in the FY98/99 Administration Budget of $75,000. A11. 113: RESOLUTION NO. 99R- 35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain city records more than two years old. (Maintenance Department.) A12. 123: RESOLUTION NO. 99R- 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM waiving notice of Rent-Free License Agreements by the County of Orange with Cypress College and California State University, Fullerton of certain property located in the City of Anaheim. (Classroom space at 3320 East La Palma Avenue.) A13. 161: Approving City staff’s FY 1999/2000 funding recommendations for federal Community Development Block Grant, HOME, and Emergency Shelter Grant funding totaling $6,392,000; and authorizing the Executive Director of the Community Development Department to prepare and execute the required federal documents. (Continued from the meeting of February 23, 1999, Item A16.) Moises Placentia. Relative to CDBG funding, it has come to his attention that funding for the shelter at Patrick Henry will be occurring with the City being paid back for the actual cost in the future. They still wanted to advocate for Kids in Action at Horace Mann. Hundreds of parents have asked them to come and plead with the Council for this program from the North Anaheim and East Anaheim Community Councils. The reasoning is that new funding for grants will replace the Kids in Action program if it is not funded this year. He questioned why take away the program now. Staff says funding will definitely occur but it is not for sure. Relative to the $15,000 that is needed for the Community Services Department, at the CDBG meeting during deliberations, staff said it would or could manage when they were questioned. Also, Paseo Village is closed to their communities. Even if it was open, it is impacted and the kids would still not have a place to go. East Anaheim and North Anaheim are depending on the Kids in Action Program at Horace Mann. Mayor Daly. He is recommending a slight adjustment to the package recommended based on the staff memo received in the past few days involving the picnic shelter requested for Patrick Henry School. Staff recommendation appears to be that they would support including the picnic shelter in the package on the condition that the School district reimburse the City at some future date for the cost of construction. He asked staff if there are any other related issues relative to this item. Chris Jarvi , Director of Community Services. The only other related matter is the fact that the shelter that the School District would normally be providing would not have water and lights in it and if they are to cooperatively agree with them, they would only be funded for the cost of the shelter itself. The $12,000 for the lights and water would have to be covered by the City and staff has no problem with that. 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 Mayor Daly. The School District has committed to working with the City on a reimbursement agreement for the shelter itself excluding the water and lights; Chris Jarvi confirmed that was correct and staff is recommending it be included. MOTION. Mayor Daly moved to approve the package as presented and recommended with the inclusion of the picnic shelter for the Patrick Henry School as outlined in the memo from staff dated February 26, 1999. Before further action was taken, Council Member Feldhaus stated on the $15,000 recommendation to the Neighborhood Services Division for administrative purposes, he would like the Council to consider moving that $15,000 to Code Enforcement for part time Enforcement Officers on weekends. He understands that they could use the help in that time period because that is when the violations take place. They do not have enough money to put more enforcement officers out on the street than what they have right now. He would also like to have Council consider finding a replacement of the $15,000 for the Neighborhood Services Division perhaps out of the Council Contingency Fund or other fund since it is only one-time. Mayor Daly. Considering the package is already put together and has been reviewed and recommended by a committee, he asked if there can be fine-tuning to the package after it is approved, i.e., that a swap could occur in some area providing $15,000 for Code Enforcement. He asked how final the package must be from the date it is approved. Lisa Stipkovich , Executive Director of Community Development. The reason this is on the agenda now is so that staff can prepare the application (a report to HUD). Staff would submit the report to HUD and request for funding based upon each category. The Council could amend it at a later date. She believes what Council Member Feldhaus was talking about was using the Council General Fund or whatever special fund they use for other social service funding. She explained they did something different this year with the public service money in that it was going to fund the Police Gang Unit and the Council would not be working on the usual contingency funding for the non-profits. All the non-profit funding would come out of Block Grant. Right now what the Council is approving is what they would be submitting to HUD and what City staff would use in preparation of the City budget. She clarified that the package needs to be final by May. Mayor Daly. He is going to ask the City Manager to pursue the potential of additional funding for Code Enforcement and report back at the earliest opportunity so they would have an answer before the ultimate deadline. Council Member Tait . They might want to do some adjustment in the budget process; Mayor Daly stated the question has come up and he asked last week exactly how the $15,000 will be spent in Neighborhood Services – administrative work or in the field work in the neighborhoods. Mr. Jarvi answered it will be used in the field in the neighborhoods. It is for staff time, part-time hours, to work in the neighborhoods helping them to help themselves. Mayor Daly amended his motion to include a request be made of the City Manager’s Office to recommend the potential of additional funding for Code Enforcement, the sources of that funding, and how much additional service can be purchased with various levels of money including more than $15,000 and that the report come back prior to the final preparation of the package. Lisa Stipkovich . She believes the Mayor’s motion was to approve CDAB’s recommendation, but believes that staff’s recommendation did make some changes and the memo they wrote was an amendment to the staff’s recommendation which would be the very last column on the spread sheet submitted. On the spread sheet it is Item 24 and staff would be concurring with the recommendation and not funding the street lights but putting that into the shelter. The other changes are, Item 53, 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 Neighborhood Services Division increasing from $125,000 to $140,000. That is the $15,000 they are talking about. No. 59 is deleting the $43,000 for Kids in Action going down to zero. The final page is increasing the Boys and Girls Club from $65,3l0 to $83,210. Friends Outside is the last item going from zero to $10,500. Basically, that was taking the recommendation of the Community Services Board and reinstating many of the non profits they recommended. Mayor Daly further amended his motion to include all the staff recommendations, which was originally his intent. To summarize, Friends Outside will be funded at $10,500, the Boys and Girls Club, $83,210 rather than the $65,310. The Neighborhood Services Program will receive the extra $15,000, the picnic shelter will be funded and Kids in Action would not be funded. That summarizes the differences between the CDAB and staff recommendation. He is recommending the staff recommendation with the exception of the picnic shelter which subsequently also became staff’s recommendation. He believes that they all feel they would like to fund some of the items in other ways. They will be addressing all of those in the budget cycle. The intent of the CDAB recommendations, if it is not 100% addressed in this package, the remaining items can be addressed in the future. MOTION (amended). Mayor Daly moved approval of City staff’s FY 1999/ 2000 funding recommendations for Federal Community Development Block Grant funding as articulated/amended (staff recommendation, picnic shelter approved, additional funds for Boys and Girls Club and Friends Outside Program). Council Member McCracken seconded the motion. MOTION CARRIED. The Mayor confirmed the staff recommendation column was approved and the picnic shelter was approved. The staff recommendation did include additional money for the Boys and Girls Club as well as the Friends Outside Program. MOTION. Mayor Daly also moved to approve City staff’s FY 1999/2000 funding recommendations for HOME and Emergency Shelter Grant funding. Council Member McCracken seconded the motion. MOTION CARRIED. A14. 123: Approving the Fourth Amendment to Lease Agreement by and between the City of Anaheim, and Anaheim Hotel, LLC ., and authorizing the City Manager to execute all documents related to this Fourth Amendment. A15. 174: Increasing the Fiscal Year 1998/99 Community Development Block Grant ( CDBG) appropriation by $1,851,213. A16. 123: Approving the proposed First Amendment to the Disposition and Development Agreement by and between the Anaheim Redevelopment Agency, the City of Anaheim, and Burnett/Polygon L.P., and authorizing the Executive Director/Community Development to execute the First Amendment. A17. 123: Approving an Agreement between the City of Anaheim and ProShot Golf Inc., to provide a cart-mounted course management system for golf carts at Anaheim Hills Golf Course to improve speed of play, offer improved customer service, enhance course management capabilities and create potential for added revenues. Approving the second amendment to the contract with Robert Johns for golf professional services by adding to the financial terms and conditions a provision for Mr. Johns to receive 10% of the gross revenue from rental of the cart-mounted distance/information system. A18. 123: Approving Agreements with the cities of Santa Ana and Fullerton for emergency back-up 911 calls in the City of Anaheim (to provide mutual aid in the receiving and processing of emergency calls received on the 9-1-1 Emergency Telephone Reporting System). 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 A19. 123: Approving the California Utilities Emergency Association Mutual Assistance Agreement among the City of Anaheim, Bear Valley Electric Service, Modesto Irrigation District, Pacific Gas and Electric Company, Sacramento Municipal Utility District, San Diego Gas and Electric Company, Sierra Pacific Power Company, Southern California Edison Company, The City of Palo Alto, the City of Riverside and the City of Roseville Utilities for restoration of electrical services in the event of an emergency, and authorizing the Public Utilities General Manager, on behalf of the City, to execute said Agreement and any other related documents. A20. 114: Approving minutes of the Anaheim City Council meeting held February 9, 1999. Roll Call Vote on Resolution Nos. 99R-34 through 99R-36, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS: The Mayor declared Resolution Nos. 99R-34 through 99R-36, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5670 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL ME MBERS : None The Mayor declared Ordinance No. 5670 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. ITEMS B1 – B9 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 17, 1999 - INFORMATION ONLY APPEAL PERIOD ENDS MARCH 11, 1999: CONDITIONAL USE PERMIT NO. 3843, AND NEGATIVE DECLARATION: B1. 179: OWNER: Shakour Cyrus, Yahya Cyrus, Lawrence Cyrus, 2600 W. Lincoln Ave., Anaheim, CA 92801 LOCATION: 2600 West Lincoln Avenue - Wheel Service Texaco. Property is 0.29 acre located at the southwest corner of Lincoln Avenue and Magnolia Avenue. To permit two separate businesses for one existing automobile sales and repair facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3843 DENIED ( PC99-27) (6 yes votes, 1 absent). Previously approved Negative Declaration DENIED. CONDITIONAL USE PERMIT NO. 3726,AND NEGATIVE DECLARATION: B2. 179: OWNER: Vineyard Ministries International, 5300 E. La Palma Avenue. Anaheim, CA 92807 AGENT: Fairmont Schools Inc., Attn : David Jackson, 1557 W. Mable Street, Anaheim, CA 92802 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 LOCATION: 5310 East La Palma Avenue - Fairmont Private Schools. Property is 23.08 acres located on the south side of La Palma Avenue, 2,370 feet west of the centerline of Imperial Highway. To permit the conversion of an existing warehouse and office into 7 classrooms for the expansion of an existing private school, and to amend or delete conditions of approval pertaining to the maximum number of students. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3726 APPROVED, as readvertised ( PC99-28) (6 yes votes, 1 absent). Negative Declaration previously approved. Mayor Daly. He is concerned with this and would like to set it for a Public Hearing; Council Member McCracken suggested that the issue be addressed by staff because she had a concern as well. Joel Fick . The original proposal by the applicant did incorporate an increase in students; however, that was withdrawn as the process proceeded. There is additional classroom space theoretically for small classroom sizes. The classrooms that were approved by the Planning Commission are not located any closer to the industrial boundaries of the site. Through the process, the applicant held the number at 650. Mayor Daly thereupon withdrew his request to set the matter for a Public Hearing and no further action was taken by the Council. CONDITIONAL USE PERMIT NO. 4094, AND NEGATIVE DECLARATION: B3. 179: OWNER: Scenic Corridor Industrial Park/ Frome Enterprises, 2900-A Bristol Street, #201, Costa Mesa, CA 92626 AGENT: Oanh X. Nguyen, 1476 Kenwood Avenue, Anaheim, CA 92805 LOCATION: 5576 East La Palma Avenue. Property is 8.78 acres located on the south side of La Palma Avenue, 585 feet west of the centerline of Imperial Highway. To permit a live performance (original dramas, plays and comedies) theater. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4094 GRANTED, for five years (to expire 2/17/04) ( PC99-29) (6 yes votes, 1 absent). Approved Negative Declaration. Mayor Daly. He wanted to make sure that the Planning Commission’s action on the sign package for the new car dealers near Weir Canyon Road and the 91 Freeway was entirely consistent with the vision of the Planning staff for signage in that neighborhood keeping in mind the cooperative agreement that was tried with Yorba Linda but maybe was never entirely honored. Joel Fick . Page 2 of the staff report shows a graphic of the signs. Since it is a Redevelopment Project Area, the project was reviewed by both Planning and Community Development staff. Originally, staff recommended that the variance not be approved because the thinking was while a very small modification in terms of size, there was a substantial increase in terms of sign copy. The applicant made a compelling argument that the original signs approved by the City Council and Planning Commission with their original submittal were designed by their architect for the site and did not take into account the corporate logo and Id’s necessary for the dealerships. Staff has had discussions with the applicant and there will still be quality monument signs only 8’ tall and staff is not offering any objection at this time. He confirmed they are comfortable with the proposed signage. WAIVER OF CODE REQUIREMENT B4. 179: CONDITIONAL USE PERMIT NO. 3919, AND NEGATIVE DECLARATION: 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 OWNER: Worldwide Real Estate, 515 Marin Street, Thousand Oaks, CA 91360 AGENT: Randall Boone Signage, Attn : Dana Boone, 34342 Pacific Coast Hwy., Suite C, Dana Point, CA 92629 LOCATION: 8200 East Crystal Drive - Anaheim Hills Pontiac, GMC, Buick. Property is 2.3 acres located at the southeast corner of Pullman Street and Crystal Drive. To amend or delete conditions of approval to permit sign plan revisions for an existing auto dealership and waiver of permitted freestanding signs and permitted directional signs. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 3919 ( PC99-30) (6 yes votes, 1 absent). Approved waiver of code requirement. Negative Declaration previously approved. WAIVER OF CODE REQUIREMENT B5. 179: CONDITIONAL USE PERMIT NO. 4098, AND NEGATIVE DECLARATION: OWNER: Carl Remelin, Virginia Remelin, Trustees, Remelin Family Revocable Trust, 2515 Island View, Corona Del Mar, CA 92625 AGENT: Gina Ruebsamen, 10162 Chapman Avenue, Garden Grove, CA 92840 LOCATION: 1565 West Katella Avenue. Property is 0.71 acre located on the north side of Katella Avenue, 286 feet west of the centerline of Bayless Street. To permit the conversion of an existing vacant one-story residence formerly used as offices to a church in the CL (Commercial, Limited) Zone with waiver of (a) minimum setback of institutional uses adjacent to a residential zone boundary and (b) required location of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4098 GRANTED for three years (to expire 2/17/02) ( PC99-31) (6 yes votes, 1 absent). Approved waiver of code requirement. Approved Negative Declaration. REPORT AND RECOMMENDATION ITEMS: CODE AMENDMENT NO. 99-02, CATEGORICAL EXEMPTION 15061(b)(3): B6. 179: City-initiated (Planning Department), 200 S. Anaheim Blvd., Anaheim Blvd., Anaheim, CA 92805, request for consideration of a Code Amendment related to requirements for fences, walls, hedges and berms. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of the draft ordinance to the City Council. Mayor Daly offered Ordinance No. 5672 for first reading. ORDINANCE NO. 5672 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATED TO THE REQUIREMENTS FOR FENCES, WALLS HEDGES AND BERMS. VARIANCE NO. 4345, AND NEGATIVE DECLARATION - REQUEST FOR REVIEW AND B7. 179: APPROVAL OF FINAL PLANS : Greystone Homes, Attn: Robert Berry, 26 Executive Park, Suite 100, Irvine, CA 92614, request review and approval of final building elevation, signage, landscaping and street enhancement plans. Property is located at 3038 West Orange Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans for Variance No. 4345, with changes discussed at the Planning Commission meeting. Negative Declaration previously approved. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 ENVIRONMENTAL IMPACT REPORT NO. 300 B8. 155: CONDITIONAL USE PERMIT NO. 4030 – REQUEST REVIEW AND APPROVAL OF FINAL PLANS : American Housing Partners, Attn: Robert Zamora, 19700 Fairchild, #170, Irvine, CA 92612, request for review and approval of final plans for a previously-approved 259-unit senior citizens’ apartment complex. Property is located at 135-185 South Festival Drive. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans for Variance No. 4345, with changes discussed at the Planning Commission meeting. EIR NO. 300 previously certified. REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE WITH THE B9. 144: ANAHEIM GENERAL PLAN : Paul Douglas, Jr., Senior Real Property Agent, County of Orange, Social Services Agency, 888 N. Main Street, Santa Ana, Ca 92701-3518, requests determination of conformance with the Anaheim General Plan to enter into rent-free license agreements for classroom space. Property is located at 3320 East La Palma Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in substantial conformance with the Anaheim General Plan. END OF THE PLANNING COMMISSION ITEMS REPORT AND RECOMMENDATIONS ITEMS B10 – B11 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 1, 1999 - INFORMATION ONLY B10. 179: CONDITIONAL USE PERMIT NO. 4010 – REQUEST FOR REVIEW AND APPROVAL OF FINAL PLANS, AND NEGATIVE DECLARATION: CCA Associates, 1535 Monrovia Avenue, Newport Beach, CA 92663, request for review and approval of final landscaping, lighting, signage, building wall, paint color, fencing and gate plans for a previously-approved self-storage facility. Property is located at 1505 South State College Boulevard. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans for CUP NO. 4010. Negative Declaration previously approved. Continued from the meeting of February 23, 1999, Item B8. Mayor Daly. He asked the City Attorney, if it is his ( Daly’s) desire not to support this item which is simply a review and approval of final plans, what would he advise. Is voting no legally permissible. City Attorney White. Voting no is legally permissible even though it is only before the Council for approval of final plans and not reconsideration of the CUP for the underlying project. If he (Mayor Daly) did not support the project originally, he does not believe he is legally required to support the final plans. Mayor Daly. He respects Council’s desires on this item which was approved months ago but he wants to be consistent. He will be casting a no vote on B10. MOTION. Council Member Kring moved to approve final plans for CUP No. 4010. Council Member Tait seconded the motion. Before a vote was taken, Mayor Daly reiterated he would be opposing for reasons previously stated at the original Public Hearing(s) when he opposed the overall project and his comments at the last meeting (see minutes of February 23, 1999); Council Member McCracken. She also previously opposed the project and to be consistent is opposing at this time as well. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 A vote was then taken on the foregoing motion. Mayor Daly and Council Member McCracken voted no. MOTION CARRIED. B11. 155: ENVIRONMENTAL IMPACT REPORT NO. 322 CONDITIONAL USE PERMIT NO. 4034 – REQUEST FOR REVIEW AND APPROVAL OF FINAL PLANS: Burnett Development Corporation, 200 East Baker Street, Suite 100, Costa Mesa, CA 92780, request for review and approval of final building elevations (including colors and materials) and sign program. Property is located at 1500 South Douglass Road. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans for CUP NO. 4034. EIR NO. 322 previously certified. Continued from the meeting of February 23, 1999, Item B9. Joel Fick . Planning Director. The applicant requested a two-week continuance. In discussing the matter with the City Attorney, since this is not a Public Hearing, staff has no opposition if acceptable to the Council. Mayor Daly asked beyond colors and signage did he ( Fick ) see a need to have the developer step through all the details. Based on the questions last week, is it a good idea. Joel Fick . Staff is prepared to answer questions. If there were specific questions about the signage or channel letters, he believes the applicant's preference would be to be present to address those questions ; Mayor Daly. What would be helpful is if staff has any recommendations in advance. Joel Fick . They will be happy to do that and two weeks will give them that opportunity ; Mayor Daly. He is particularly interested in staff’s recommendation on the signage on the buildings themselves and how that relates to the Arrowhead Pond next door. ORDINANCE FOR ADOPTION : B12. 179: ORDINANCE NO. 5671 (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 98-99-06 located at 1652 West Lincoln Avenue from the CH zone to the CL zone. (Introduced at the meeting of February 23, 1999, Item B10.) Mayor Daly offered Ordinance No. 5671 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5671 : AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 98-99-06 LOCATED AT 1652 WEST LINCOLN AVENUE FROM THE CH ZONE TO THE CL ZONE. Roll Call Vote on Ordinance No. 5671 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Ordinance No. 5671 duly passed and adopted. ITEM B13 FROM THE ZONING ADMINISTRATOR MEETING OF FEBRUARY 11, 1999 - DECISION DATE: FEBRUARY 18, 1999 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 5, 1999: ADMINISTRATIVE ADJUSTMENT NO. 151 B13. 179: CEQA EXEMPT {SECTION 15061 (b)(3)}: OWNER: SOUTHERN CALIFORNIA EDISON, A CORPORATION, 100 N. Long Beach Boulevard, #1004, Long Beach, CA 90802 AGENT: CCA ASSOCIATES, INC., Attn : Barry Adams, 1535 Monrovia Avenue, Newport Beach, CA 92663 LOCATION: 1505 South State College Boulevard. Property is approximately 9.53 acres located at the southwest corner of State College Boulevard and Cerritos Avenue. Waiver of maximum fence height to construct an eight foot high concrete block wall adjacent to a major arterial highway. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Administrative Adjustment No. 151 ( ZA DECISION NO. 99-3). Continued from the meeting of February 23, 1999, Item B11. Mayor Daly. He wants to be sure that his desire to cast a no vote, to be consistent, does not create a legal problem; City Attorney White explained that no vote is required in this case. The reason it is on the agenda is for the Council to determine whether to set the (Zoning Administrator’s) decision for a Public Hearing. No action was taken by the Council. END OF THE ZONING ADMINISTRATOR ITEMS. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 342, D1. 134 : AND NEGATIVE DECLARATION: OWNER: City-Initiated (Planning Department), 200 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: Convention Way between West Street and Harbor Boulevard. A City-initiated amendment to the Circulation Element of the Anaheim General Plan to designate Convention Way between West Street and Harbor Boulevard from a Primary Arterial Highway to a Local Street. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of General Plan Amendment No. 342 (Exhibit A) to City Council ( PC99-13) (7 yes votes). Approved Negative Declaration. Informational item at the meeting of February 9, 1999, Item B3. Set for public hearing due to General Plan Amendment. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : February 18, 1999 Mailing to property owners within 300 feet : February 16, 1999 Posting of property : February 19, 1999 Mary McCloskey , Deputy Planning Director. She briefed the proposed amendment, a City initiated amendment to delete Convention Way between West Street and Harbor Boulevard from a primary arterial highway to a local street. Convention Way is not used as an arterial highway, but rather as a local access for the Anaheim Convention Center and adjacent hotels. The amendment would better reflect existing and future traffic operations in the area. OCTA has already approved the amendment consistent with the pending agreement and contingent upon approval tonight. The Planning Commission recommended approval. There is no opposition and staff is also recommending approval. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 Council Member Feldhaus asked if there were plans for it to stay a one-way street or a two-way street; Mary McCloskey . It is planned to stay as it is existing. Council Member Feldhaus stated even if they wanted to open it up two ways, he does not believe there is enough width to do so; John Lower, Traffic and Transportation Manager. There is enough width. What is there now is a half street. Completion of the project will build the other half of the street; however, it has been determined for Convention Center operations, loading and unloading of the parking, that a one- way south bound and then curve to west bound from the previous intersection with Center Drive is the preferred operation. He confirmed for the Mayor that there is nothing in the proposed action today that would prevent the City from designating two-way traffic flows. City Attorney White interjected stating an item he recalls when the EIR was certified for the Convention Center expansion was that one of the migitation measures specified that it be a one-way street and would require another environmental analysis if that were to be done (designating two-way traffic flows). He clarified for the Mayor it would not preclude it in the future, but it would require a new environmental analysis and the certification of either a new EIR or Negative Declaration before that would happen. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak either in favor or in opposition; there being no response, he closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION : On motion by Mayor Daly, seconded by Council Member Kring, the City Council granted the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is substantial evidence that the project will not have a significant effect on the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 99R-37 for adoption, approving General Plan Amendment No. 342. Refer to Resolution Book. RESOLUTION NO. 99R-37 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 342. Roll Call Vote on Resolution No. 99R-37 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL M EMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Resolution Nos. 99R-37, duly passed and adopted. PUBLIC HEARING - WAIVER OF CODE REQUIREMENT D2. 179: CONDITIONAL USE PERMIT NO. 4080 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 98-09 AND NEGATIVE DECLARATION: OWNER: Anaheim Ball Landmark, 1536 Stone Canyon Road, Los Angeles, CA 90077 AGENT: Travis Engineering, Attn: Karl Huy, 12453 Lewis Street #201, Garden Grove, CA 92840 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 LOCATION: 1120-1150 South Anaheim Boulevard - former Dodge dealership. Property is 1.18 acres located at the northeast corner of Anaheim Boulevard and Ball Road. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : February 18, 1999 Mailing to property owners within 300 feet : February 16, 1999 Posting of property : February 19, 1999 City Clerk Sohl noted that letter dated March 2, 1999 was received today via FAX from Juri Riplinsky of Continental Development Group, LLC requesting a continuance of the Public Hearing to March 16, 1999. Mayor Daly. The alternatives for the Council are to proceed with the hearing tonight or grant the continuance ; City Attorney White. The Council has a policy of granting the first request for continuance by the applicant. It need not be continued to a specific date requested. The Council could continue it three weeks instead of two or some other date. (The City Clerk had noted that the meeting of March 16, 1999 was a heavy agenda). MOTION. Mayor Daly moved to continue the Public Hearing to March 16, 1999 noting if there was a problem, they could always continue it. Council Member Kring seconded the motion. MOTION CARRIED. PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 321 D3. 134 & 155 : GENERAL PLAN AMENDMENT NO. 361 THE ANAHEIM STADIUM AREA MASTER LAND USE PLAN (INCLUDING DRAFT ZONING AND DEVELOPMENT STANDARDS, URBAN DESIGN PLAN AND GUIDELINES, MASTER LANDSCAPE PLAN, PUBLIC FACILITIES PLAN AND IDENTITY PLAN) AMENDMENT TO TITLE 18 “ZONING” AMENDMENT TO TITLE 17 “LAND DEVELOPMENT AND RESOURCES ” (Relating to Development Fees within the Anaheim Stadium Business Center and City-Wide Transportation Impact Fees.) INITIATED BY: City of Anaheim, Planning Department, 200 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: The 807-acre Anaheim Stadium Ar ea is generally bounded by the Edison transmission corridor on the north, the SR-57 (Orange) Freeway and the Santa Ana River on the east, the Anaheim City limits near Orangewood Avenue on the south, and the I-5 (Santa Ana) Freeway on the west. Environmental Impact Report No. 321 - Request for certification of EIR No. 321, including a statement of Overriding Considerations. Draft Environmental Impact Report ( DEIR) No. 321 has been prepared for the project and circulated for public and responsible agency review in compliance with the California Environmental Quality Act ( CEQA) and the State and City of Anaheim CEQA Guidelines. As indicated in the DEIR, significant effects on the environment related to schools, air quality and solid waste will result from implementation of the Anaheim Stadium Area Master Land Use Plan ( MLUP). A Response to Comments document will be made available for public review 10 days prior to the final decision on the project. This document includes responses which address the public/responsible agency comments on the DEIR and refinements to the text of the EIR. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 General Plan Amendment No. 361 - Proposal to amend the Land Use, Circulation, and Safety and Seismic Elements of the General Plan as follows: A. Land Use Element To add text to the General Plan Land Use Element recognizing the Anaheim Stadium Area MLUP, including zoning and development standards as an implementing zoning document of a mixed use land use designation, and establishing maximum development intensities for the area. To revise the Water, Sewer and Storm Drain General Plan Land Use Element Maps to reflect the public facility improvements described in Section 5.8, Public Services, Utilities and Energy Consumption, of the EIR. B. Circulation Element To redesignate Katella Avenue between Lewis Street and the Katella Avenue entrance to the Stadium property from a Major Arterial Highway (120-foot right-of-way) to a Stadium Area Smart Street (130-144 feet of right-of-way) designation; and between the Katella Avenue entrance to the Stadium property and the east Anaheim City limits from a Major Arterial Highway (120-foot right-of-way) to a Stadium Area Smart Street (120-144 feet of right-of-way) designation. To redesignate Lewis Street between Cerritos Avenue and Orangewood Avenue from a Primary Arterial Highway (106-foot right-of-way) to a Secondary Arterial Highway (90-foot right-of-way) designation. (This change will be subject to concurrence by OCTA regarding consistency with the Master Plan of Arterial Highways.) During the Public Hearing, the Planning Director asked that the redesignation of Lewis street be deleted from the plan. Public Works Staff will be bringing forward a separate package on this in the future. To redesignate State College Boulevard between Gene Autry Way and Katella Avenue from a Major Arterial Highway (120-foot right-of-way) to a Modified Major Arterial Highway (129-144 feet of right-of-way) designation; and between Katella Avenue and south of Babbitt Avenue from a Major Arterial Highway (120-foot right-of-way) to a Modified Major Arterial Highway (162-foot right-of-way) designation. Critical Intersections - to delete the Katella Avenue/Howell Avenue Critical Intersection and to add a State College Boulevard/Gene Autry Way Critical Intersection. C. Safety and Seismic Element That the Fire Station Public Facility designation shown on the Land Use Element Map and associated text contained in the Safety and Seismic Element be deleted from the General Plan. Related actions addressed in DEIR No. 321, which may occur subsequent to adoption of the proposed project, are included in Section 3.7 of that document and may include infrastructure financing programs, property acquisition (which may involve the exercise of eminent domain proceedings), subdivision maps, grading permits, encroachment permits, implementation of a zoning overlay, zoning permits, building permits, and other actions related to the proposed construction and development of the Anaheim Stadium Area MLUP . ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of General Plan Amendment No. 361 with modifications (Exhibit A) to City Council ( PC99-10) (6 yes votes, 1 no vote). Recommended that the City Council approve the Anaheim Stadium Area Master Land Use Plan with modifications ( PC99-11) (6 yes votes, 1 no vote). Recommended that City Council certify EIR No. 321 ( PC99-9) (7 yes votes). 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 Approved amendment to Title 18 “Zoning – requested that the City Attorney prepare an ordinance for adoption by City Council. Informational item at the meeting of February 9, 1999, Item B1. Set for a public hearing due to the General Plan Amendment. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : February 18, 1999 Mailing to property owners within 300 feet : February 16, 1999 Posting of property : February 19, 1999 Joel Fick , Planning Director. He led off the presentation by first explaining that there are some strategic objectives accomplished in the proposed plan and they include providing additional land use opportunities for land owners and developers , establishing a stronger link between the Stadium Area and the Resort, enhancing landscaping and design, stimulating economic development and also reducing fees. This is the culmination of the strategic planning process beginning when the City started looking at maximizing potential for both the City owned property and the area surrounding Anaheim Stadium. Mr. Fick then briefed the major points of the proposal as outlined in the Staff Report to the Planning Commission dated January 20, 1999 as well as in Supplemental Staff Report dated March 2, 1999 (Subject : Anaheim Stadium Master Land Use Plan ( MLUP) – made a part of the record – page 2, under Discussion portion - Background, Anaheim Stadium Area Master Land Use Plan, Stadium Area Fees). During his presentation, Mr. Fick noted, “The primary objectives of the MLUP are to: · Create economic development opportunities by expanding land use opportunities, streamlining the development process and reducing development fees. · Create an aesthetic and visual link to the Anaheim Resort. · Intensify and orient land uses to transportation corridors. · Protect existing industrial and office uses.” In concluding his presentation, Mr. Fick stated that the balance of the presentation will be made in three parts – Brian Meyers , Spectrum Group will give an overview and description of the planning process and Master Land Use Plan, Bob Jacob from the SWA Group will discuss the Stadium Area identity and landscape concepts, and Annika Santalahti , Zoning Administrator, Planning Department will describe the Sports-Entertainment Overlay Zone and the mechanics of its implementation. Mr. Bryan Meyers , Spectrum Group. His presentation will cover the Master Land Use Plan which they spent some time putting together, and will give the background of how that was done and the process used culminating in the Plan being presented for approval tonight. (See Anaheim Stadium Area Master Land Use Plan – Prepared by : SWA Group, February 1999 – previously made a part of the record). Mr. Meyers presentation was supplemented by a Power Point visual presentation. (Hard copies of some of the visuals presented were contained in the booklet.) His presentation covered the following : Goals, Planning and Design Principles, the physical plan, core of the plan, gateways, tour of the plan, District Plans ( Sportstown District, Katella Corridor District, Gene Autry District, Arrowhead Pond District, Gateway District, Existing District), etc. In concluding his extensive presentation, Mr. Meyers stated one of the key elements of the plan was to create an identity and a connection to the Resort. As they start to look at that identity in connection with the Resort, they felt it was important to have an indentifiable area where they looked at the concentration of development along the Katella Corridor, the links of landscape identity and auto circulation between the Resort and the Stadium and Arena areas, and the mass transit link he suggested earlier through the Amtrak and Metrolink Station and transit links that will take place there in the future as well. They would like this to become an area that is identified as a "destination Anaheim ” when a tourist, visitor or a resident comes to the area they identify the connection between these two areas as a single destination in Anaheim. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 Bob Jacobs, SWA Group. His presentation (also supplemented by slides) covered the Landscape and Identity Plan as presented in the Master Land Use Plan. This project, he believes, shares with some of those previous projects (on which they have worked) including the Anaheim Resort Area as well as the Downtown Redevelopment Areas a common goal which they have brought to the projects which is to create landscapes that are memorable, unified and with a civic scale that through time transforms the City of Anaheim through landscaping. With this project, there were some important things that influenced the proposed design which he explained. In addition, the area is going to have pedestrian and already has heavy vehicular circulation. Particularly in activities at the Stadium, the pedestrian activity will tend to be intense at certain times and less so at other times. Finally, Brian ( Meyers) alluded to the important relationship to the Anaheim Resort. To address those, they developed several concepts in the plan and expressed in various cross sections and development standards proposed. The balance of his presentation addressed those concepts as outlined in the plan. (See Master Land Use Plan – Landscape Concept Plan and Conceptual Identity Plan.) Annika Santalahti , Zoning Administrator. Her presentation will cover some of the features of the draft Sports Entertainment (SE) Overlay Zone. This Overlay is the specific zone that will implement the Stadium Area Master Land Use Plan and provide the regulatory tools for development operating in conjunction with the Design Guidelines contained in the Master Land Use Plan. Ms. Santalahti’s presentation then covered certain standards of the underlying zone that will be replaced by SE development standards, how the areas included in the Development Districts are currently zoned, that the SE Overlay establishes development standards for four Development Districts ( Katella Corridor, Arrowhead Pond, Gateway and Gene Autry ) with the Sportstown District being regulated under an Area Development Plan and its own EIR and the properties designated Existing District will basically continue to be regulated by existing zoning with few exceptions. She also addressed the uses that would be permitted in the four Development Districts (aforementioned), addressed setbacks, landscape issues and signage (only monument signs will be permitted). She also outlined the process that will occur following adoption of the SE Overlay zoning and development standards noting that it will be the property owner’s decision whether, and when, to take advantage of the opportunities offered by the Overlay. She also explained the Final Plan process to be followed. Joel Fick , Planning Director. This concludes the presentation but two issues need to be covered from a technical standpoint. At the request of Public Works, staff recommends that the circulation changes only as they relate to Lewis Street be deleted from this plan tonight since Public Works will be bringing this forward separately as a separate package of information. Secondly, they did receive a letter from the Law Firm of Atkinson, Andelson, Loya, Ruud & Romo dated March 1, 1999 on behalf of the Placentia Unified School District. The letter raises no new substantive school issues that were not previously addressed in the District’s November 30, 1998 letter responded to by the City in the January, 1999 Response to Comments document. The current proposed project does not increase development intensity that would otherwise be allowed within the Project Area by the existing General Plan and, therefore, does not create additional development impacts on schools. He then elaborated upon the reasons why. In concluding, in addition to thanking their consultants, he would like to acknowledge the dedicated staff work of Annika Santalahti, Zoning Administrator and Greg McCafferty, Associate Planner of his staff, and also the assistance from City Attorney, Jack White and Deputy City Attorney, Selma Mann. Staff has worked hard with land owners and developers all through the process. He also noted there was virtually no opposition at the Planning Commission Meeting. Questions were then posed by the Mayor and Council Members which were addressed/answered either by Bryan Meyers/Spectrum Group, Joel Fick, Planning Director or Annika Santalahti, Zoning Administrator. The questions broached by the Mayor revolved around the protection of views from the Stadium and the Arrowhead Pond, height restrictions, District labeling, how the plan will lead to the next stage, in Planning terms, what do the Districts become, in the future, how will the City refer to the entire area in the future, etc. 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 Council Member Tait . What he particularly likes about the proposal, it is not a restricted document but expands the options. The property owner can keep on doing what he wants or do something else but there are incentives to go along with the Overlay Zone they would not normally have. For that reason he is very much in favor and commends staff for a job well done. Subsequently, additional questions were posed by Council Member Feldhaus relative to height restrictions at I-5 and Gene Autry Way noting the existing free standing sign at the location which, he understands was coming back with another application for another 7’; Annika Santalahti. She believes the sign is about 10’ above the road bed of the freeway in that vicinity. It has a time limit and it will expire. Part of the approval Council granted to the sign because it was removed was that staff and Council was not prepared to approve a freestanding pole sign at that location when they had amendments eliminating such signs without seeing the actual impact that the freeway was going to have on that sign. Joel Fick . It is important to note, that sign continues to remain. The actions tonight have no effect on that sign or conditions previously imposed by the Council; Mayor Daly then posed additional questions relative to where an additional 600,000 square feet could be built in the Arena neighborhood which were answered by staff and Mr. Myers. At the conclusion of Council questions, Mayor Daly then opened the Public Hearing and asked to hear from those who wished to speak. Linda Lee Grau , 24 Morning Dove, Irvine. Her comments revolved around her belief that the City of Anaheim does not belong in the real estate business. There being no further persons who wished to speak, the Mayor closed the Public Hearing. Joel Fick , Planning Director. One added point relative to building heights, the existing industrial zoning in almost the entirety of this area has building heights of 100’. The zoning process in the area will be similar to the process followed in the Anaheim Resort Area which he explained. (Follow-on questions were then posed by Council Members). At the conclusion of discussion, Council Member Tait asked if it was accurate to say what they are doing in approving this proposal is cutting a lot of Planning “red tape” in the area; Mr. Fick confirmed it shortens the review process considerably. Council Member McCracken noted that it also reduces fees; Mr. Fick stated that it does reduce fees dramatically. Mayor Daly. One of his concerns, it seems like a lot of money and time has been spent in an attempt to create development opportunities but also the rationale is to improve the City. He asked how far are they going to carry some of the planning concepts. Are they going to assume Planning Commissioners and Council Members are going to know what the Gateway District is a year from now. Annika Santalahti . They were given names because Development Area 1 and Development Area 2 have no “pizzazz” whatsoever. The names given were to give a sense of where they are in the area. They appear in the MLUP and on the General Plan Amendment as well purely to identify the districts. ENVIRONMENTAL IMPACT REPORT EIR NO. 321 - CERTIFICATION: On motion by Mayor Daly, seconded by Council Member McCracken , the City Council certified Final Environmental Impact Report No. 321, adopted Statement of Findings of Fact and Statement of Overriding Considerations, determined that said Final EIR 321 fully complies with CEQA and is adequate to serve as the environmental documentation for the discretionary actions also adopting the “Mitigation Monitoring Program No. 106 for Anaheim Stadium Area Master Land Use Plan” incorporating said monitoring program by reference. MOTION CARRIED. 20 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 Mayor Daly offered Resolution No. 99R-38 for adoption approving General Plan Amendment No. 361, Exhibit A and No. 99R-39 for adoption approving the Anaheim Stadium Area Master Land Use Plan (including draft zoning and development standards, urban design plan and guidelines, master landscape plan, public facilities plan and identity plan). Refer to Resolution Book. RESOLUTION NO. 99R-38 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 361, EXHIBIT “A”. RESOLUTION NO. 99R-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANAHEIM STADIUM AREA MASTER LAND USE PLAN (INCLUDING DRAFT ZONING AND DEVELOPMENT STANDARDS, URBAN DESIGN PLAN AND GUIDELINES, MASTER LANDSCAPE PLAN, PUBLIC FACILITIES PLAN AND IDENTITY PLAN). Roll Call Vote on Resolution No. 99R-38 and 99R-39 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Resolution Nos. 99R-38 and 99R-39, duly passed and adopted. Mayor Daly offered Ordinance Nos. 5673 and 5674 for first reading. ORDINANCE NO. 5673: (INTRODUCTION ) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 “ZONING” TO ADD A NEW CHAPTER 18.50 TITLED “ZONING AND DEVELOPMENT STANDARDS FOR THE SPORTS ENTERTAINMENT (SE) OVERLAY ZONE, AND AMENDING CHAPTERS 18.04, 18.21, 18.41, 18.44, 18.46 AND 18.61 (SITE DEVELOPMENT STANDARDS-GENERAL, AND RS-A-43,000, CO CL, CH AND ML ZONES) TO COMPLY WITH CERTAIN REQUIREMENTS OF THE (SE) OVERLAY ZONE PERTAINING TO PERMITTED SIGNS AND MINIMUM LANDSCAPED AND STRUCTURAL SETBACKS ALONG ARTERIAL HIGHWAYS. ORDINANCE NO. 5674: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 17 “LAND DEVELOPMENT AND RESOURCES” RELATING TO DEVELOPMENT FEES WITHIN THE ANAHEIM STADIUM BUSINESS CENTER AND CITY-WIDE TRANSPORTATION IMPACT FEES. Mayor Daly thanked staff for the effort put forth on the proposal. They will look forward to the implementation. He would like to see follow-up from the staff on how they will advertise the opportunities and take some of the steps discussed relative to signage and other issues as well as landscaping. He would like to see staff suggest some time table in terms of landscaping. 21 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2, 1999 COUNCIL COMMENTS: C2. 114: Council Member Kring : She announced a new service being offered pertaining to recycling which is a cooperative effort between CVT Recycling, a Division of Taormina Industries, the City of Anaheim and County of Orange Integrated Waste Management District. Residents of Orange County may now enjoy free the convenience of a public recycling facility and household hazardous waste collection center in one location. It was officially opened February 25, 1999 at 1071 N. Blue Gum (Blue Gum and LaPalma) Anaheim. Hours are 9:00 a.m. to 1:00 P.M. – Tuesday – Saturday. Further information can be obtained by contacting Taormina Industries at 714-238-3300. Council Member Feldhaus : He asked staff for a follow-up on the status of the OCTAP Report on the taxi cabs. He is curious as to when it is coming back; Dave Morgan, Assistant City Manager stated that staff will provide the information. ADJOURNMENT: As explained by the Mayor earlier in the meeting, by general Council consent, the City Council Meeting of March 2, 1999 was adjourned in Memory of Police Chief Randall (Randy) Gaston whose passing on February 25, 1999 was a great loss to the City “family” and the community at large. He will be sorely missed. (7:50 P.M.) LEONORA N. SOHL CITY CLERK 22