2009/07/21 ANAHEIM CITY COUNCIL REGULAR MEETING
OF JULY 21 2009
The July 21, 2009 City Council meeting was called to order at 2:00 P.M. and adjourned to
4:00 P.M. for lack of a quorum. The regular adjourned meeting of July 21, 2009 was called
to order by Mayor Pringle at 4:11 P.M. in the Chambers of Anaheim City Hall located at 200
South Anaheim Boulevard. A copy of the agenda was posted on July 17, 2009 on the kiosk
outside City Hall.
PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, and
Harry Sidhu.' Excused Absence: Council Member Kring
STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City Clerk
Linda Andal.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
The City Council adjourned to closed session to consider the following items:
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code) Name of Case:
Priceline.com Inc. et al v. City of Anaheim et al, Orange County Superior Court, Case
No. 30 -2009 00244120 and related cases.
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code) Name of Case:
Oscar Mendez et al. v. City of Anaheim et al, Orange County Superior Court, Case
No. 06CCO3200.
3. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the Government Code) Agency
Negotiator: Kristine Ridge Employee Organizations: International Brotherhood of
Electrical Workers, Local 47 (IBEW), Anaheim Police Association and Anaheim Fire
Association.
At 5:02 P.M. City Council returned from closed session for the remainder of the agenda.
Invocation: Pastor Mark Bove, Calvary Chapel Anaheim
Flag Salute: Council Member Harry Sidhu
Presentation: Recognizing the 100 Anniversary of the Hirahara Family Jane
Newell, Library Services Manager, announced the new Muzeo Exhibit, 100 Years Four
Generations, Bridging the Past and Present, a celebration of the Hirahara Family. Mary
City Council Minutes of July 21, 2009
Page 2 of 12
Hirahara expressed appreciation to the City for recognizing her family's contributions to
Anaheim.
ADDITIONS /DELETIONS TO THE AGENDA: Staff requested Item No. 16 be continued to
July 28, 2009.
PUBLIC COMMENTS (all items except public hearings):
William Fitzgerald, resident, opposed the Hirahara family recognition and its association with
Disney Corporation.
Amber Burkhart, Cliffrose resident, offered a brief summary of the neighborhood history
related to negative traffic impacts and encouraged approval of Item No. 10, a proposed
temporary closure of Cliffrose Street at Lincoln as a trial traffic calming measure.
Linda Rose, OCCO, spoke of the recent forum held at San Antonio Catholic Church to
encourage renewal of the affordable housing strategic plan, and thanked Council Members
Galloway and Hernandez for their support.
CONSENT CALENDAR: Mayor Pringle removed Item No's 6 and 9 from the consent
calendar for further discussion and noted that Item No. 16 had been continued to July 29,
2009, at the request of staff. Council Member Hernandez pulled Item No's. 5, 7, 8, 10, and
21 and Council Member Galloway pulled Item No's. 19 and 23. Council Member Sidhu
waived reading in full of all ordinances and resolutions on the balance of the consent
calendar and moved to adopt the consent calendar in accordance with the reports,
certifications and recommendations furnished each council member and as listed on the
Consent Calendar, seconded by Council Member Galloway. Roll Call Vote: Ayes 4: Mayor
Pringle and Council Members: Galloway, Hernandez, and Sidhu. Noes 0. Excused
Absence 1: Council Member Kring. Motion Carried.
1. Receive and file the minutes of the Community Services Board meeting of May 14,
B105 2009, Senior Citizens Commission meeting of May 14, 2009, Cultural and Heritage
Commission meeting of May 21, 2009, Public Utilities Board meeting of May 27, 2009
and the Public Library Board meeting of June 8, 2009.
2. Appoint Sandra Estrada, Mary Ellen Smith, Martin Lopez, Ernie Oviedo and Christine
B105 Terry to the Anaheim Workforce Investment Board representing business and certain
public sector agencies to a four year term, ending July 20, 2013.
3. Authorize the Purchasing Agent to issue purchase orders, in an amount not to exceed
D180 $1,936,000 (plus applicable taxes), for various City replacement vehicles, increase
the Fiscal Year 2009/2010 Fleet Services Automotive Equipment budget by
$151,100, to include a ten percent contingency for unexpected costs associated with
these vehicle purchases, for the replacement of vehicles severely damaged in
accidents, and two replacement Police vehicles that were identified after the budget
had been approved.
4. Accept the low bid and approve an agreement with Marina Landscape, Inc., in an
2728.II amount not to exceed $1,287,842, for landscape maintenance services for the east
sector of the Anaheim Resort for a two -year period with three one -year optional
City Council Minutes of July 21, 2009
Page 3 of 12
renewals and authorize the Purchasing Agent to exercise the renewal options, in
accordance with Bid #7286.
11. Award a Master Agreement to Arizona Pipeline Company, Asplundh Construction
4778.B 5786 Corp., City Light Power, Inc., E.E. Electric, Inc., Hampton Tedder Electric
4777.A 2736.B Company, Henkels McCoy, Inc., Miron Electric Construction Corp., PAR Electric
Contractors, Inc., Petrelli Electric, Inc., and Pouk Steinle, Inc. for electrical utility
4775.A 5787 construction, maintenance, repair and immediate response, waive any irregularities in
5785 2735.B their documents and authorize the Public Utilities General Manager to execute the
4776.A agreements and other related documents and take any and all actions necessary to
2737.B implement and administer the agreements.
12. Approve the Settlement Agreement and Waiver of Claims with Western Dental
5788 Services, Inc., in the final settlement payment amount of $300,000 (plus statutory
interest), for property located at 1696 West Katella Avenue for the Katella Avenue
Smart Street project, Ninth Street to Humor Drive (R/W ACQ2004- 00205).
13. Approve the Reimbursement Agreement with the City of Garden Grove for landscape
5037.1 maintenance services for a portion of the Katella Avenue Smart Street project.
14. Approve the Reimbursement Agreement with the County of Orange for landscape
5789 maintenance services for a portion of the Katella Avenue Smart Street project.
15. Approve the Agreement for Acquisition of Real Property Easement Taking and
5790 Temporary Construction Easement with Jason Sobhi Abboud and Sophie Abboud, in
the total settlement amount of $4,650, for property located at 711 East Sycamore
Street for the Rail- Highway Grade Crossing Safety Enhancement project (R/W
ACQ2009- 00335).
16. Approve an agreement with Anaheim Gateway Partners a Joint Venture, in an
5791 amount not to exceed $7,768,254, to provide program management consultant
services for the ARTIC project, increase the Public Works FY 2009/10 revenue and
expenditure appropriations accordingly, waive Council Policy 4.1, award the contract
to the most qualified responsible bidder and authorize the Director of Public Works to
take such actions as are necessary to implement the contract on behalf of the City.
This item continued to July 28, 2009 no action taken.
17. Approve the First Amendment to Agreement with Massachusetts Institute of
5451.1 Technology (MIT) on behalf of Lincoln Laboratory, granting MIT and /or Lincoln
Laboratory the right to enter Anaheim facilities for the purpose of conducting tests
necessary for the design and installation of detection systems for an additional one
year extending the term through September 30, 2010.
18. Approve an agreement with the Savanna Elementary School District to continue
5576.A providing Park Ranger patrols of school facilities.
20. Approve and authorize the Chief of Police to execute a contract upon review and
5792 approval of the City Attorney, with Systems Research and Applications Corporation,
in an amount not to exceed $400,000, for intelligence analyst services and authorize
City Council Minutes of July 21, 2009
Page 4 of 12
the Chief of Police to submit the reimbursement request and receive the monies from
the Anaheim /Santa Ana UASI on behalf of the City.
22. Approve and authorize the Public Utilities General Manager to execute the long -term
5793 Power Purchase Agreement with Shoshone Preston LLC with any revisions that are
in substantial conformance with the agreement, take such actions as are required to
implement and administer the agreement, including the purchase and /or reservation
of transmission service under the agreement for the purchase of 32 megawatts of
geothermal renewable energy, certify the agreement complies with the California
Energy Commission's (CEC) greenhouse gases Emission Performance Standard
(EPS) as enumerated in Senate Bill 1368, and authorize the Public Utilities General
Manager to execute the documents required to comply with proposed CEC
regulations or successor legislation and statutes related to greenhouse gases EPS.
24. RESOLUTION NO. 2009 -120 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM (i) reissuing a proclamation of the existence of a local emergency
in the City of Anaheim as heretofore proclaimed by the Director of Emergency
Services of the City of Anaheim and ratified by City Council Resolution No. 2005 -17,
and (ii) determining that the need for continuing the local emergency exists.
25. RESOLUTION NO. 2009 -121 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM authorizing the destruction of certain city records more than two
years old (Department of Public Works).
26. RESOLUTION NO. 2009 -122 A RESOLUTION OF THE CITY COUNCIL OF THE
P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
real properties or interests therein (City Deed Nos. 11291 and 11292).
27. RESOLUTION NO. 2009 -123 A RESOLUTION OF THE CITY COUNCIL OF THE
D154.5 CITY OF ANAHEIM approving a Letter of Understanding between the International
Brotherhood of Electrical Workers, Local 47 and the City of Anaheim.
28. RESOLUTION NO. 2009 -124 A RESOLUTION OF THE CITY COUNCIL OF THE
D160 CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant
application, on behalf of the City of Anaheim, to the U.S. Department of Justice,
Bureau of Justice Assistance to participate in the FY 2009 -10 Bulletproof Vest
Partnership Grant Program, authorizing the Chief to execute all required grant
documents, and if awarded, authorizing the acceptance of such grant on behalf of the
City and amending the budget for fiscal year 2009 -10 accordingly.
29. RESOLUTION NO. 2009 -125 A RESOLUTION OF THE CITY COUNCIL OF THE
D160 CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant
application on behalf of the City of Anaheim with the State of California, Office of
Traffic Safety [OTS], authorizing the Chief to execute all required grant documents,
and if awarded, authorizing the acceptance of such grant on behalf of the City and
amending the budget for fiscal year 2009 -10 accordingly.
30. RESOLUTION NO. 2009 -126 A RESOLUTION OF THE CITY COUNCIL OF THE
D160 CITY OF ANAHEIM authorizing the Chief of Police, or his designee, to submit a grant
application on behalf of the City of Anaheim, with the State Emergency Management
Agency (CALEMA), an American Recovery and Reinvestment Act of 2009, Sexual
City Council Minutes of July 21, 2009
Page 5 of 12
Assault Specialized Response Unit Program, authorizing the Chief to execute all
required grant documents, and if awarded, authorizing the acceptance of such grant
on behalf of the City and amending the budget for fiscal year 2009 -10 accordingly.
31. ORDINANCE NO. 6148 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE CITY
0154 OF ANAHEIM authorizing an amendment to the contract between the City of
Anaheim and the Board of Administration of the California Public Employees'
Retirement System (Introduced at Council meeting of June 23, 2009, Item No. 37).
32. ORDINANCE NO. 6149 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
M142 adding a new Subsection .080 to Section 4.64.030 of Chapter 4.64 of Title 4 of the
Anaheim Municipal Code relating to Secondhand Dealers and Pawnbrokers
(Introduced at Council meeting of June 23, 2009, Item No. 38).
33. ORDINANCE NO. 6150 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
M142 amending Title 6 of the Anaheim Municipal Code relating to the California Unified
Hazardous Waste and Hazardous Material Management Regulatory Program
(Introduced at Council meeting of June 23, 2009, Item No. 39).
34. Approve minutes of the adjourned regular meeting of June 9, 2009 held on June 19,
2009 and the meetings of June 23, 2009.
END OF CONSENT:
5. Approve Contract Change Order No. 1 in favor of Great West Construction, Inc., in
5783 the amount of $351,000, for the City Hall West Refurbishment.
Council Member Hernandez pulled this item to discuss City Hall West in general, but
mentioned such was unrelated to action on this item. Council Member Hernandez
recommended a name change for City Hall West, indicating it was confusing to have two City
Hall designated buildings. Mayor Pringle concurred and recommended staff poll council
members and return with options for Council to consider.
Council Member Hernandez then moved to approve Item No. 5, seconded by Council
Member Galloway. Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway,
Hernandez and Sidhu. Excused Absence 1:Council Member Kring. Noes 0. Motion
Carried.
6. Approve the Employment Agreement with Thomas J. Wood for services as City
5784 Manager.
Mayor Pringle remarked Council had unanimously voted to hire Tom Wood as City Manager
and this item was to approve his employment contract and then moved to approve Item No.
6, seconded by Council Member Hernandez. Roll Call vote: Ayes 4: Mayor Pringle and
Council Members: Galloway, Hernandez and Sidhu. Excused Absence 1:Council Member
Kring. Noes 0. Motion Carried.
7. Approve the policy guidelines of the Rental Assistance for Families in Transition
0155 Program.
City Council Minutes of July 21, 2009
Page 6 of 12
Council Member Hernandez asked for a brief staff report of this item to bring it to the
attention of the community.
Elisa Stipkovich, Executive Director of Community Development, explained this program had
received funding through the Federal Economic Recovery and Stimulus Act of 2009 in the
amount of $2,406,908 for homeless prevention and rapid re- housing. Staff had renamed the
program Rental Assistance for Families in Transition as its purpose was to help those who
recently became homeless for a temporary period up to 18 months. The object here, she
explained, was to help families become re- employed and off the rental assistance program
as quickly as possible. Staff was also recommending that $300,000 be set aside for non-
profit organizations to assist with the administration case work and re- evaluations which were
required every three months. Council Member Hernandez queried whether preference was
given to Anaheim residents or employees and Ms. Stipkovich responded assistance would
be on a priority basis to those that currently lived or worked in Anaheim or had recently lived
or worked in Anaheim but were now homeless.
Council Member Hernandez moved to approve Item No. 7, seconded by Council Member
Sidhu. Council Member Galloway asked for timelines with Ms. Stipkovich remarking the plan
was to issue request for proposals within the next couple of weeks to nonprofits that work in
homeless prevention programs with the goal of returning to Council for contract approval.
Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and
Sidhu. Excused Absence 1: Council Member Kring. Noes 0. Motion Carried.
8. Determine, on the basis of the evidence submitted by Anaheim GW, LLC, that the
D159 property owner has complied in good faith with the terms and conditions of
Development Agreement No. 99 -01 for the 2008 -2009 review period for the Anaheim
GardenWalk project in the Anaheim Resort.
Sheri Vander Dussen, Planning Director, reported Council had approved a development
agreement in April of 2006 with Anaheim GW, LLC and pursuant to state law, Council was
required to review the agreement annually to determine whether terms and conditions of the
agreement had remained in compliance. She stated staff, after review, concluded the
applicant had complied with conditions of the development agreement.
Council Member Hernandez moved to approve Item No. 8, seconded by Council Member
Sidhu. Roll Cali vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez
and Sidhu. Excused Absence -1: Council Member Kring. Noes 0. Motion Carried.
9. Lay on the table, the proposed ordinance finalizing Zoning Code Amendment No.
Item Withdrawn 2008 -00076 and, in lieu of the zoning code amendment, direct staff to use
from agenda enforcement tools and strategies to reduce parking impacts related to "office use
only" automobile sales facilities (Continued from Council meeting of May 19, 2009).
After some discussion on whether it was necessary to take action on this item since tabling it
would indicate the item would return at some future date, Mayor Pringle withdrew the item,
with no objections from Council.
City Council Minutes of July 21, 2009
Page 7 of 12
10. Approve a 90 -day trial closure of Cliffrose Street at Lincoln Avenue as a temporary
D175 traffic calming measure.
Natalie Meeks, Public Works Director, explained the Cliffrose neighborhood had used the
neighborhood toolbox process to find a solution for traffic impacts in their neighborhood. She
indicated the community brought the issue forward, the Neighborhood Traffic Committee
developed a plan to address the cut through traffic identified in that neighborhood and
proposed a temporary closure for 90 days as a trial measure.
Mayor Pringle asked how staff would assess the trial closure and Ms. Meeks responded staff
would monitor the performance of the intersections, meet with the community again for
comments and consider permanent closure if the trial was successful.
Council Member Hernandez moved to approve Item No. 10, seconded by Council Member
Galloway. Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway,
Hernandez and Sidhu. Excused Absence 1: Council Member Kring. Noes 0. Motion
Carried.
19. Approve and authorize the Chief of Police to accept the donation of a narcotics
D160 detection canine as property received from the Friends of the Anaheim Police K9
Association (501(c)(3) tax organization).
Police Chief, John Welter reported approval of Item 19 would accept the donation of a
narcotics detection canine from the Friends of the Anaheim Police K9 Association, a non-
profit agency which had raised $5,000 in private funds to purchase the animal. He indicated
the on -going costs associated with caring for the dog would be covered by the Police
Department using narcotic seizure funds.
Council Member Galloway moved to approve Item No. 19, seconded by Council Member
Hernandez. Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway,
Hernandez and Sidhu. Excused Absence 1: Council Member Kring. Noes 0. Motion
Carried.
21. Approve and authorize the Public Utilities General Manager to execute an addendum
4664.1 to the original agreement with CaIINet Call Center Services, Inc. expanding services
to include a call forwarding option for enhancement of emergency services.
Marcie Edwards, Public Utilities General Manager, reported Item 21 was a strategy
developed to improve services to customers under heavy call conditions while the Utilities
Department continued to rehab and retrofit telecommunications. She explained under
certain conditions of heavy work load or a power outage or in the case of emergencies, the
Department could forward calls to an alternative call center located in Bloomington, Indiana.
With the current contract, there was limit of 100 calls and after that customers would receive
a busy signal. With this expanded service, she explained, a larger volume of customers
would be served.
Council Member Hernandez removed this item from the consent calendar to highlight the
improved customer service offered and moved to approve Item No. 21, seconded by Council
Member Galloway. Council Member Sidhu asked how operators provided information to
callers. Ms. Edwards replied that the call service had received a number of scripts to cover
City Council Minutes of July 21, 2009
Page 8 of 12
emergencies and frequently asked questions and also relayed information to the City through
email. She indicated satisfaction level with the CaIINet Service was high and the issue was
to balance that with the cost of having additional staff. Roll CaII vote: Ayes 4: Mayor
Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence 1:
Council Member Kring. Noes 0. Motion Carried.
22. Approve and authorize the Public Utilities General Manager to execute the First
5793 Amended Agreement with Adams Steel, LLC and SA Recycling, LLC to reflect the
customer's new business entity, acknowledge payment in full of the costs to install
added facilities, and extend the term of the agreement until an applicable rate
schedule for electric service received at voltage levels greater than 50 kV is
implemented.
Council Member Galloway asked if this agreement was solely to address the name change
from Adams Steel to SA Recycling. Marcie Edwards, Public Utilities General Manager,
remarked that the original agreement with Adams Steel provided for construction of
additional electrical facilities to allow for electrical service at a higher voltage level. The cost
of that construction, she added, was fully recovered from Adams Steel by an additional
monthly service charge. At the same time, a nine percent rate discount was given to reflect
the reduction in cost to provide that service which created considerable savings for the City.
She indicated this contract was ending and in order to extend the discount and address the
name change, staff was requesting extension of the contract. Ms. Edwards added that the
revised rates and rules regulations would address that discount and offer it Citywide, but as
of this point in time, SA Recycling was the only company using a higher voltage level.
Council Member Galloway moved to approve Item No. 22, seconded by Council Member
Sidhu. Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez
and Sidhu. Excused Absence 1: Council Member Kring. Noes 0. Motion Carried.
PUBLIC HEARINGS:
35. This is a public hearing to consider a Resolution to vacate a portion of Manchester
P110 Avenue extending northerly from Orangewood Avenue.
RESOLUTION NO. 2009 -127 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM vacating a portion of Manchester Avenue extending northerly
from Orangewood Avenue (Abandonment No. ABA2005- 00111)
Natalie Meeks, Public Works Director, reported at the time of 1 -5 widening, Manchester
Avenue was realigned leaving a remnant piece of street right -of -way which remained vacant
for many years and was being used for access for one developed property. Recently the
surrounding property was acquired by the Anaheim Redevelopment Agency and proposed
for development of affordable housing. She noted staff was recommending abandonment of
the right -of -way to consolidate with rest of parcels and provide that development opportunity.
Mayor Pringle opened the public hearing and receiving no comments, closed the hearing.
Mayor Pringle asked how the dirt patch along Manchester would be addressed either as part
of the affordable housing development or via City maintenance. He added as the City moved
forward with the development process, he would like to see that strip of land landscaped and
City Council Minutes of July 21, 2009
Page 9 of 12
maintained. Ms. Meeks responded the department could commit to landscaping that area if
it was not part of the developer's project
Council Member Hernandez moved to approve RESOLUTION NO. 2009 -127 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of
Manchester Avenue extending northerly from Orangewood Avenue, seconded by Council
Member Galloway. Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway,
Hernandez and Sidhu. Excused Absence 1: Council Member Kring. Noes 0. Motion
Carried.
36. CEQA- MITIGATED NEGATIVE DECLARATION (previously- approved)
3505 AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005 -00002
OWNER: Leslie Love, 1515 East Katella Avenue, LLC, 5 Park Plaza, Suite 1450,
Irvine, CA 92614 AGENT: Nicolle Ferrier, Huitt Zollars, 430 Exchange, Suite 200,
Irvine, CA 92602 LOCATION: 1761 and 1781 South Campton Avenue The
applicant proposes an amendment to Development Agreement No. 2005 -00002 to
extend the original approval date of June 15, 2010 to June 15, 2015. The
Development Agreement authorizes construction of a 196 unit condominium
development. Environmental Determination: A Mitigated Negative Declaration,
which was previously- approved, has been determined to serve as the appropriate
environmental documentation for this project in accordance with the provisions of the
California Environmental Quality Act (CEQA).
ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council
approval of amendment to the Development Agreement with a modification to
Condition No. 74 requiring the applicant to submit a fencing plan for approval by the
Planning Director. The applicant would replace the chain link fencing along Katella
Avenue with wood fencing. This fence would be located adjacent to the sidewalk, with
no additional landscaping required. The fencing along Campton Avenue and Wright
Circle would remain in the existing location, with no additional landscaping required
(VOTE: 4 -1; Chairman Karaki and Commissioners Buffa, Faessel and Ramirez voted
yes; Commissioner Agarwal voted no; Commissioners Eastman and Romero absent).
MOTION: Find and determine that the previously- approved Mitigated Negative
Declaration is adequate to serve as the required environmental documentation for
this request.
ORDINANCE NO. 6151 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM (i) approving Amendment No. 1 to
Development Agreement No. 2005 -00002 by and between the City of Anaheim and
1515 E. Katella Avenue Anaheim, LLC (ii) making certain findings related thereto,
and (iii) authorizing the Mayor to execute said amendment for and on behalf of the
City.
Sheri Vander Dussen, Planning Director, reported a development agreement for the Stadium
Club project had been approved in June 2005 with a term of five years. This request would
modify the term to 10 years resulting in expiration date of June 15, 2015. She indicated
construction of the building had not started, however, the property had been cleared and
surrounding site improvements including streets and parkways had been completed. In May
of this year, the Planning Commission recommended Council approve extension of the
agreement and also recommended two conditions of approval be added to address interim
erosion and sediment control during the time period the site remained vacant and require the
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Page 10 of 12
existing chain Zink fence on Katella be replaced with a wooden fence similar to that on the A-
Town Metro project across Katella. She stated the applicant requested deletion of the
wooden fence requirement citing the chain Zink fence with screening met aesthetic
requirements. Staff felt the wood fence was appropriate because of the project's prominent
location on Katella and the long period of time that the site would remain vacant and
recommended this condition be retained.
Ms. Vander Dussen stated with the on -going market conditions and in Tight of the applicant's
investment and their progress to date, staff recommended approval of the five year
extension.
Mayor Pringle opened the public hearing.
Robert Sundstrom, with Huitt Zollars, representing the property owner, remarked the
conditions of approval had been reviewed and there was no objection with the exception of
the wooden fence requirement. He stated the existing chain Zink fence was eight feet, not the
traditional chain link fence normally pieced together and was less apt to have graffiti and
asked for Council's consideration on this aesthetic viewpoint. He noted all Katella Avenue
parkway improvements and streetscape had been completed.
With no other comments offered, the public hearing was dosed.
Mayor Pringle remarked from his perspective, on windy days, the fabric screen pulled away
from the chain Zink fence and began to deteriorate and believed installing a wooden fence
was an appropriate trade -off for granting the additional five years and would insure this site
did not look like a temporary construction site for that period of time. Council Member
Galloway and Council Member Hernandez concurred in favor of a permanent fence. Council
Member Sidhu indicated he would like to see the wood fence wrap around to the Bank of
America site. There was discussion on this issue with Council Member Sidhu moving to find
and determine that the previously- approved Mitigated Negative Declaration was adequate to
serve as the required environmental documentation for this request and to Introduce
Ordinance No. 6161 of the City of Anaheim including the condition to extend the wooden
fence on Katella Avenue to wrap around to the edge of the Bank of America building and
adding the provision that any graffiti on the chain Zink fence must be removed within 60 days,
seconded by Council Member Galloway. Roll CaII Vote: Ayes 4: Mayor Pringle and
Council Members: Galloway, Hernandez and Sidhu. Noes 0. Excused Absence -1:
Council Member Kring. Motion Carried.
37. CEQA- MITIGATED NEGATIVE DECLARATION (previously- approved)
3505 AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005 00003OWNER:
Bob Linder, BRE Properties, 5141 California Avenue, Suite 250, Irvine, CA 92614
AGENT: Nicolle Ferrier, Huitt Zollars, 430 Exchange, Suite 200, Irvine, CA 92602
LOCATION: 1551 East Wright Circle The applicant proposes an amendment to
Development Agreement No. 2005 -00003 to extend the original approval date of
June 15, 2010 to June 15, 2015. The Development Agreement authorizes
construction of a 255 unit apartment development. Environmental Determination: A
Mitigated Negative Declaration, which was previously- approved, has been
determined to serve as the appropriate environmental documentation for this project
in accordance with the provisions of the California Environmental Quality Act (CEQA).
ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council
City Council Minutes of July 21, 2009
Page 11 of 12
approval of Amendment No. 1 to the Development Agreement with removal of
Condition No. 74 (VOTE: 5 -0; Commissioners Eastman and Romero absent).
MOTION: Find and determine that the previously- approved Mitigated Negative
Declaration is adequate to serve as the required environmental documentation for
this request.
ORDINANCE NO. 6152 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM (i) approving Amendment No. 1 to
Development Agreement No. 2005 -00003 by and between the City of Anaheim and
BRE Properties, Inc. (ii) making certain findings related thereto, and (iii) authorizing
the Mayor to execute said Amendment for and on behalf of the City.
Sheri Vander Dussen, Planning Director, reported the item was similar to the prior agreement
and was a request to extend the term of the existing development agreement five years with
an expiration date of June 15, 2015. She stated the developer had not started construction
with the building but had cleared the site and made some site improvements including the
Campton Street landscaping. She noted the Planning Commission had imposed conditions
regarding erosion and sediment control but did not require the installation of wooden fencing
as the site was not visible from Katella Avenue. She added the same market conditions
applied to this property and staff recommended extending the term of this development
agreement as well.
Mayor Pringle opened the public hearing. Robert Sundstrom, Huitt Zollars, on behalf of BRE
properties, remarked the applicant agreed with all conditions.
With no other comments offered, Mayor Pringle closed the hearing.
Council Member Sidhu moved to find and determine that the previously- approved Mitigated
Negative Declaration was adequate to serve as the required environmental documentation
and to introduce Ordinance No. 6152 of the City of Anaheim approving Amendment #1 to the
Development Agreement #2005- 00003approve, Council Member Galloway seconded. Roll
Call Vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu.
Noes 0. Excused Absence 1: Council Member Kring. Motion Carried.
Report on Closed Session Actions: None
Council Communications:
Mayor Pro Tem Hernandez reported on the opening of the Hirahara Family 100 Years Four
Generations exhibit and attending the San Antonio Catholic Church forum on affordable
housing held on Sunday, the 19 He also announced donations were being sought for the
welcome home bags for the 13 MEU marines and sailors.
Council Member Galloway discussed the San Antonio Catholic Church forum on affordable
housing and thanked OCCO members and parishioners of San Antonio and Saint Boniface
for their efforts.
Council Member Sidhu thanked resident George Adams for sponsoring this year's 4 of July
fireworks display and congratulated Public Utilities on receiving the American Public Power
Association James D. Donovan Award. He also commended the Planning Department for
City Council Minutes of July 21, 2009
Page 12 of 12
their continued efforts to improve the permitting process and announced Apollo's 40
anniversary would take place this week
Mayor Pringle reported representatives from Governor Schwarzenegger's administration
would attend the California Road to Recovery Conference at the Convention Center. He also
announced Anaheim, in coordination with Angels Baseball, would be celebrating the
dedication of the 2010 All Star Game and unveiling of the All Star game logo. He discussed
the closure of Saint Anthony Claret School, offering his assistance for the relocation of
students to a new school. He requested staff develop a proposal creating a Sister City
Commission and requested the City Attorney develop a charter amendment to consider
addressing the current concept design /build section of the Charter.
Adjournment: At 6:52 P.M., with the consent of Council, Mayor Pringle adjourned the
meeting.
Res. ctf ly submitt-d,
10
Linda N. Andal, CMC
City Clerk