2005/04/12ANAHEIM, CALIFORNIA -CITY COUNCIL
REGULAR MEETING
APRIL 12, 2005
The City Council of the City of Anaheim met in regular session at 3:11 P.M. in the Council
Chambers of Anaheim City Hall, 200 South Anaheim Boulevard.
PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob
Hernandez and Harry Sidhu.
STAFF PRESENT: Dave Morgan, City Manager, City Attorney Jack White, and City Clerk
Sheryll Schroeder
A copy of the agenda for the meeting of the Anaheim City Council was posted on April 8,
2005 at the City Hall outside bulletin board.
WORKSHOP -SESQUICENTENNIAL UPDATE:
Joel Fick, Deputy City Manager, provided background on the Sesquicentennial Commission,
stating the 11-member Commission had been created by Council in 2003 and was
comprised of Anaheim business leaders to plan for the City's 150th anniversary with a year
long celebration of events. Funding for the events had been set aside during budget
processes utilizing Convention, Sports and Entertainment Department. Virginia Zlaket, Chair
of the Sesquicentennial Commission, introduced the members who developed the proposed
calendar of events. John Nicoletti, Public Information Office, indicated the underlying basis
for events reflected the Commission's desire to involve all members of the community
through cooperation, partnership and volunteerism. He explained the Commission took
advantage of events in which the City excelled, but also created new ideas on a grander
scale, some of which could continue in future years.
Mr. Nicoletti outlined the proposed 2007 calendar, beginning with a float in the New Year's
Day Rose Parade accompanied by an All Star Anaheim Band to kick off the anniversary
celebrations. The unveiling of a history wall highlighting major milestones and figures in
Anaheim's history was scheduled for February; and in April, a star Walk of Fame in the resort
district would be established emphasizing all types of leaders, past and present, in the
Anaheim community. As the Travel Industry Association of America was scheduled to meet
in Anaheim in April, 2007, with 6,000 convention participants nationally and internationally
deciding where people would travel, this event was seen as an opportunity to showcase
Anaheim by shutting down Convention Way and setting up a stage close to the convention
center with a celebratory atmosphere designed to accentuate the City of Anaheim.
Mayor Pringle wanted to ensure the Commission focused on private sector participation as
well; Mr. Nicoletti replied that was a commitment of the Commission and built into the
planning strategy.
Other calendar highlights would include the annual Cinco de Mayo and 4th of July
celebrations on a larger scale than prior years. A fall festival and Halloween Parade was
scheduled for September and October and the annual December Tree lighting would be
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 2
expanded to coordinate the lighting of all Christmas trees on December 1St with fireworks and
bells ringing citywide.
Mr. Nicoletti remarked that marketing strategies would include the creation and design of a
logo, banners and signs, a Sesquicentennial website, corporate sponsorships and
commemorative programs and gifts.
Council Member Sidhu asked the Commission to celebrate the diversity of the community
during the 2007 year. Mr. Nicoletti indicated that could be done during many of the
scheduled events, such as the Taste of Anaheim, where foods reflective of the diversity of
many cultures would be enjoyed. Council Member Galloway, formerly a Commission
member, congratulated the Commission on its proposal and looked forward to seeing details
of the events. Mayor Pringle recommended the Commission be aware of other opportunities
to augment the schedule and not limit it to the proposed calendar. In answer to Mayor
Pringle's question, Mr. Nicoletti indicated the total cost of the proposed events was provided
in the Council packet pointing out the Commission planned to outreach to the business
community for sponsorship participation. Council Member Hernandez suggested ending the
year with a New Year's Eve event and Mr. Nicoletti indicated the Commission would consider
that suggestion. Council Member Chavez thanked the Commission and staff for their efforts
and suggested this might be an opportunity to appeal to developers for artworks that could
be unveiled during the year and permanently displayed by the City. Mr. Nicoletti indicated
that suggestion would be explored.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Mayor Pringle moved to closed session for the following items:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Name of case: City of Anaheim v. Angels Baseball, LP, et al., Orange County
Superior Court Case No. 050001902.
2. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
(Significant exposure to litigation pursuant to subdivision (b) of Section
54956.9 of the Government Code)
Number of potential cases: one or more.
Existing facts and circumstances: significant land movement and property
damage to the properties located at 357, 365 and 373 Ramsgate Drive; 4039 and
4043 Circle Haven Road, 4033, 4039 and 4045 Maple Tree Drive.
3. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
(Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the
Government Code)
Number of potential cases: one.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 3
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 2000 South Gene Autry Way, Anaheim, California.
Agency negotiator: Dave Morgan
Negotiating parties: City of Anaheim and National Football League
Under Negotiation: price and terms of payment.
At 5:36 P.M., Mayor Pringle reconvened the Council meeting.
Invocation: Rev. David Koll, Anaheim Christian Reformed Church
Flag Salute: Council Member Galloway
Presentations: Recognizing the 2004 Eagle Scouts in the City of Anaheim -Mayor
Pringle and Council paid tribute to the Anaheim Eagle Scouts of Year 2004.
Recognizing the City of Anaheim's Building Division
Jay Elbettar, Board Member of California Building Officials Commissions, presented the
Building Department of the Year award to Anaheim's Building Division for the 3-month Home
Improvement Holiday program. He announced the program had been presented to the
community through an aggressive outreach program and with the Division's hard work, had
been successful in producing more than $28 million dollars of homeowners investing in their
community through home improvements. Mayor Pringle presented a proclamation to the
Division as well remarking this had been a program developed by Council and it was
rewarding to have a team that responded so well to make a program successful, having
issued 3,600 building permits during a time period when normally there would be 1,200.
Mayor Pringle announced the new Business Tax Holiday program which would begin April
15th to encourage new business establishment in Anaheim by waiving the first year business
license taxes.
Acceptance of Other Recognitions(To be presented at a later date):
Proclaiming April 18-23, 2005 as Record-A-Thou Week
Proclaiming April 2005 as Fair Housing Month
Proclaiming April 10-16, 2006 as National Crime Victims' Rights Week
Proclaiming April 25, 2005 as Red Hat Society Day
Proclaiming April 16 cancer research Day
Proclaiming May 15t~ as Loyalty Day
Declaration recognizing Jack Reedy, retiring from the Anaheim Orange
County Visitor and Convention Bureau
ADDITIONS/DELETIONS TO AGENDA: Item #3 removed from the Consent Calendar and
Item #38 continued to May 10, 2005.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 4
PUBLIC COMMENTS (All Matters Except Public Hearings):
David Coons, resident, apprised Council of April Organ Donor Month and the need for organ
donors remarking that currently there were 87,000 on the organ donor list. He indicated
additional information could be found on the website, www.donatelifecalifornia.org
James Robert Reade related Police Department concerns.
Ed Perez, General Manager of Heritage Forum, provided Council with copies of the Forum's
code of conduct and suggested it be modified for Council's use to curtail the language,
slander and accusations occurring during public comment.
Rosemary Domingo spoke as a representative for Habitat for Humanity of Orange County,
requesting support for their mission to create affordable housing in Anaheim.
William Fitzgerald, Homeowners Maintaining Their Environment, commented on election
campaign costs.
Stephanie O'Neill, expressed concerns over proposed campaign limitation changes.
Larry Rosenberg, director of Anaheim Ballet, announced three young dancers from Anaheim
would be representing the City in the New York Youth America Grand Prix competition on
April 13tH
Margaret Betterdine, resident, requested assistance for a portion of Canyon Crest Street, in
need of City maintenance, citing drainage pollution and sight impediments. Mayor Pringle
referred Ms. Betterdine to the Traffic Engineer for assistance.
Ashley Brose, introduced herself as the representative from Assembly Member Tom
Umberg's office.
Alma Ramirez, resident, discussed legal injustices
Tom Stewart, Anaheim Business Center, announced his organization had served over
200,000 guests per year through the publishing of the Anaheim Resort Map. Council
Member Hernandez thanked Mr. Stewart for providing a lasting, positive impression to
Anaheim's guests.
Charlotte Lark, resident, requested assistance relating to the block wall built at 7450 Martella
Lane which placed an obstruction in her road easement. Mayor Pringle referred Ms. Lark to
the Planning Director for assistance and asked that Council receive a report on the matter.
Issac Munoz, nine-year old student, stated he was writing a report on Anaheim, and asked to
meet and take pictures with the Council; Mayor and Council complied with the student's
request.
CONSENT CALENDAR: Mayor Pringle removed Item #16 for separate discussion, Council
Member Galloway removed Item 21, Council Member Sidhu removed Items 22 and 33 and
Council Member Hernandez removed Item 31.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 5
Council Member Sidhu moved approval of the balance of the Consent Calendar Items 1 - 34,
seconded by Council Member Hernandez to waive reading in full of all ordinances and
resolutions and to approve the following in accordance with the reports, certifications and
recommendations furnished each Council Member and as listed on the Consent Calendar.
Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez,
and Sidhu. Noes - 0. Motion carried.
1. Reject certain claims filed against the City.
C118
2. Receive and file the Monthly Financial Analysis presented by the Finance Director for
D128 six months ended December 31, 2004 and minutes of the Golf Commission meeting
B105 held February 24, 2005.
3. Staff requests removal of Ifem #3.
1497.2
Approve the Memorandum and Second Amendment to a License Agreement with Los
Angeles SMSA Limited Partnership, dba Verizon Wireless, to extend the agreement
terms of the cellular tower facility located in Riverdale Park (Continued from the
Council meeting of March 29, 2005, Item #22).
This item removed from the consent calendar.
4. Ratify the issuance of a purchase order to Synchronex, in the amount of $142,876.50,
D180 for traffic signal controllers and cabinets for Public Works, Traffic Engineering.
5. Approve the budget hearing schedule for review and adoption of the fiscal year
D106 2005/06 proposed budget and set public hearings regarding said matter for June 7
and 14, 2005 at 2:00 p.m.
6. Award the contract to the lowest responsible bidder, R. J. Noble Company, in the
3463 amount of $548,515.96, for the East Street Improvements from Santa Ana Street to
Vermont Avenue and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
7. Award the contract to the lowest responsible bidder, R. J. Noble Company, in the
3464 amount of $399,000, for the Acacia Street Improvements from north City limits to La
Palma Avenue and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
8. Approve an agreement with Robert Borders & Associates, in the amount of $341,600,
3465 for architectural and construction observation services for the Police Department's Air
Support Facility.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 6
9. Approve the Fifth Amendment to the design agreement with Tetra Tech, Inc. to
1508 increase the base contract amount by $91,000 for the Burlington Northern Santa Fe
Corridor Soundwall project.
10. Approve the Acquisition Agreement with Peter W. Biche, in the acquisition payment
3466 amount of $4,300,000, for the purchase of real property located at 4950 East La
Palma Avenue for the future expansion of Yorba Substation.
11. Approve the Final Map and Subdivision Agreement of Tract No. 16557 with
3467 Cornerstone Partners Corp. relating to property located at 3601 West Ball Road.
12. Approve Amendment No. 9 to Cooperative Agreement No. C-95-965 with Orange
1363 County Transportation Authority relating to certain City projects.
13. Approve Amendment No. 1 to the Cooperative Projects Program Contract No. CP-
2827 0301 with the Orange County Sanitation District to allow the City to request
reimbursement of grant funds related to the implementation of a sewer flow-
monitoring project.
14. Approve Cooperative Projects Program Contract No. CP-0202 Amendment No. 1 with
2826 the Orange County Sanitation District to extend the terms of the agreement to allow
the City to request reimbursement of grant funds.
15. Approve Cooperative Projects Program Contract No. CP-0302 Amendment No. 1 with
3101 the Orange County Sanitation District to extend the terms of the agreement to allow
the City to request reimbursement of grant funds.
17. Review the need for continuing the Proclamation of the Existence of a Local
D175 Emergency by the Director of Emergency Services of the City of Anaheim issued on
February 9, 2005, concerning land movement and property damage in the vicinity of
357, 365 and 373 Ramsgate Drive in the City and, by motion, determine that the need
for continuing the local emergency exists.
18. Appoint Michael Adams, Rafael Llorente, and Tracy Montoya to the Anaheim
8105 Workforce Investment Board, representing the business community, for afour-year
term ending April 11, 2009.
19. Accept an award of funds by the County of Orange Board of Supervisors, in the
3221 amount of $987,464, and authorize the Mayor to execute an agreement with the
County of Orange for the provision of Welfare-to-Work Employment Services.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 7
20. Approve a one year extension to the current franchise agreement with Yellow Cab of
F130 Greater Orange County Cab Company.
23. RESOLUTION NO. 2005-40 RESOLUTION OF THE CITY COUNCIL OF THE
P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
real properties or interests therein (City Deed No. 10813).
24. RESOLUTION NO. 2005-41 RESOLUTION OF THE CITY COUNCIL OF THE
D129 CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit a grant
application on behalf of the City of Anaheim to the Department of Homeland Security,
for the fiscal year 2005 Metropolitan Medical Response System Grant Program, and if
awarded, authorizing the acceptance of such grant on behalf of the City and
amending the budget for fiscal year 2005-06 accordingly.
25. RESOLUTION NO. 2005-42 RESOLUTION OF THE CITY COUNCIL OF THE
P121 CITY OF ANAHEIM amending nunc pro tunc Resolution No. 1997R-149 to correct
legal description of portions of property acquired by the City at 1779 South Harbor
Boulevard.
26. RESOLUTION NO. 2005-43 RESOLUTION OF THE CITY COUNCIL OF THE
D154 CITY OF ANAHEIM amending Resolution No. 2004-88 nunc pro tunc.
RESOLUTION NO. 2005-44 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2004-89 nunc pro tunc.
27. RESOLUTION NO. 2005-45 RESOLUTION OF THE CITY COUNCIL OF THE
D154 CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms
and conditions of employment for employees in classifications assigned to the
Anaheim Part-Time Customer Service Employees Unit represented by the
International Brotherhood of Electrical Workers, Local 47.
28. ORDINANCE NO. 5961 (ADOPTION) ORDINANCE OF THE CITY OF
C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2003-00091, Orangethorpe
Avenue/Tustin Avenue) (Introduced at the Council meeting of March 29, 2005, Item
#40).
29. ORDINANCE NO. 5962 (ADOPTION) ORDINANCE OF THE CITY OF
C280 ANAHEIM Amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2003-00097, Orangethorpe
Avenue/Kellogg Drive) (Introduced at the Council meeting of March 29, 2005, Item
#41).
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 8
30. ORDINANCE NO. 5963 (ADOPTION) ORDINANCE OF THE CITY OF
C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2004-00138) (Introduced at the Council
meeting of March 29, 2005, Item #42).
ORDINANCE NO. 5964 (ADOPTION) ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2004-00139) (Introduced at the Council
meeting of March 29, 2005, Item #42).
32. ORDINANCE NO. 5966 (INTRODUCTION) ORDINANCE OF THE CITY OF
M142 ANAHEIM adding, repealing and amending various chapters, sections and
subsections of Titles 16 and 17 of the Anaheim Municipal Code relating to Fire
Services and Land Development and Resources, respectively
34. Approve minutes of the Council meeting held March 29, 2005.
END OF CONSENT CALENDAR
16. Approve the recommended program of events and activities to celebrate the City of
B105 Anaheim's 150th anniversary, based on the input of the Anaheim Sesquicentennial
Commission in their meetings of January 25 and March 29, 2005 and direct staff to
include funding in future budgets.
John Nicoletti, referring to the earlier workshop, stated the event calendar was full with major
and minor events designed to take advantage of Anaheim's history and go forward into the
future. City Manager Dave Morgan noted with Council approval of the concept, it would be
publicized to encourage community involvement.
Council Member Sidhu moved to approve Item #16, seconded by Council Member Chavez.
Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez
and Sidhu. Noes - 0. Motion Carried.
21. Waive Council Policy No. 401 and award a contract to URS Corporation, in an
3468 amount not to exceed $400,000, to provide countywide homeland security tabletop
exercises to be completed by October 31, 2005.
Mr. Morgan commented that in 2004, the cities of Anaheim and Santa Ana were both
recipients of Urban Area Security Initiative funds and the URS contract was for a joint
exercise to provide tabletop exercises countywide. Council Member Galloway asked for
details of the program. Stephen Sain, Police Department, responded there would be 10
exercises to eventually include all the cities in Orange County, costing approximately
$40,000 per exercise. The exercises would contain scenarios related to homeland security
and would include multi-discipline agencies as well as municipalities, whose representatives
would sit around a table and as each exercise unfolded, each city or agency would explain
how their resources would be deployed.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 9
Council Member Galloway moved to approve Item #21, seconded by Council Member Sidhu.
Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez
and Sidhu. Noes - 0. Motion Carried.
22. Approve and authorize the Public Utilities General Manager to execute an agreement
3469 with Black & Veatch, in an amount of $1,259,000, to provide consulting engineering
services in connection with the rehabilitation of Walnut Canyon Reservoir Project.
Marcie Edwards, Utilities Department, reported the reservoir was approximately 40 years old
and it was prudent to have the structure and lining of the dam examined at this time. She
also noted the dam structure had passed a safety inspection by the Department of Dams in
January of this year. Council Member Sidhu requested specifics as to the criteria for
selecting Black & Veatch as the consultant. Ms. Edwards responded the company had
performed work for both the Electric and Water Divisions and Mr. David Shin, engineer of
capital projects, interjected the firm had built the treatment facility adjacent to the Walnut
Canyon Reservoir and the aggregate decision had been to go with the experience and
history of the consulting firm. Council Member Sidhu inquired as to the type of lining used
and Ms. Edwards replied the lining extended approximately 1,000 feet on either side of the
dam with the balance of the reservoir being native earth and slope. After evaluation, the dam
would be relined but using material more typically used in these structures today, with no
change to the aesthetic viewpoint. She indicated the lining was intended to protect the dam
and facing slopes from erosion as opposed to a liner that was used to keep in the water.
She indicated with the higher thresholds for seismic safety, the structure must be inspected
to insure regulations were met.
Council Member Sidhu moved to approve Item #22, seconded by Council Member Chavez.
Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez
and Sidhu. Noes - 0. Motion Carried.
31. ORDINANCE NO. 5965 (INTRODUCTION) ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Section 1.09.050 Chapter 1.09 of Title 1 of the Anaheim
Municipal Code relating to the City of Anaheim Campaign Reform Law.
Jack White, City Attorney, reported the City had adopted a campaign contribution limit of
$1,000 per election cycle which had not changed since1993. The recommendation and the
proposed ordinance would increase the limit to $1,500 per election cycle and then link future
increases in the limits to the biannual increases in the Consumer Price Index (CPI), similar to
increases to gift contributions under the Political Reform Act. Council Member Hernandez
was supportive of the CPI language but was opposed to increasing the current limit to $1,500
as raising funds for an election campaign was a difficult undertaking and he felt this gave the
incumbent an unfair advantage.
Mayor Pringle confirmed the current campaign ordinance was based on language adopted
by Orange County voters except Orange County had included a cost of living inflator based
on the CPI. He indicated that currently Orange County's campaign contribution limit was
approximately $1,500. Ordinance No. 5965 was introduced by Mayor Pringle.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 10
33. Approve a position of support on State Assembly Bill 1041 (Umberg).
0109
Tom Wood, Assistant City Manager, reported that Council adopted a legislative strategy
annually and attempted to include all matters pertaining to Anaheim, however AB 1041 had
not been addressed. He indicated that Assemblyman Umberg had introduced legislation
called "truth in advertising" which would require sports teams to list their home cities on the
tickets and was requesting Anaheim's support. Mr. Wood noted staff recommended this
position of support be added to the legislative strategy.
Council Member Sidhu requested more details and Mr. Wood responded the legislation
would require that the "home" city be printed on tickets in a certain font size and in a certain
place. Mayor Pringle suggested that the actual legislation be included in the Council packets
in the future and remarked that AB 1041 did provide for an exception, if the host city agreed.
Mayor Pringle moved to approve Item No. 32, seconded by Council member Galloway. Roll
Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - 0. Motion Carried.
35. Consider appointing a member to the Planning Commission to complete the
B105 unexpired term of Jerry O'Connell, term to expire June 30, 2007.
Council Member Chavez nominated Joseph Karaki, with no other nominations offered. Roll
Call vote -Ayes - 4; Mayor Pringle, Council Members: Chavez, Galloway and Sidhu. Noes
-1; Council Member Hernandez. Motion Carried.
36. Consider appointing a member to the Sesquicentennial Commission to complete the
B105 unexpired term of Lorri Galloway, term to expire December 31, 2007.
With no objection from Cauncil, Mayor Pringle continued the appointment to April 26, 2005.
37. Consider appointing a member to the Investment Advisory Commission to complete
B105 the unexpired term of Tom Beitler, term to expire June 30, 2008.
Council Member Sidhu nominated Mehdi Reza Hirji and with no other nominations offered,
the appointment of Mr. Hirjii was affirmed.
5:30 P.M. PUBLIC HEARINGS:
38. Applicant request,5 continuance to May 70, 2005
C280 CONTINUED PUBLIC HEARING:
RECLASSIFICATION N0.2003-00109
VARIANCE N0.2004-04626
TENTATIVE TRACT MJAP N0.16545
OWNER: Red Curb Investments, P.O. Box 995, Torrance, CA 90508.
AGENT: Thomas Hartley, 29462 Thackery Drive, Laguna Niguel, CA 92677.
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 11
LOCATION: Property is approximately 53 acres, having a frontage of 190 feet at
the terminus of Avenida de Santiago, located 260 feet west of the centerline of
Pointe Premier.
Reclassification No. 2003-00109 -Request reclassification of the property from the
T (SC)(Transition; Scenic Corridor Overlay), formerly the RS-A-43,000(SC)
(Residential/Agricultural; Scenic Corridor Overlay) zone to the RH-2(SC) (Single-
Family Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space;
Scenic Corridor Overlay) zones.
Variance No. 2004-04626 -Request waiver of required private street standards to
construct a private residential street without sidewalks or parkways.
Tentative Tract Map No. 16545 -Request to establish a 28-lot, 21-unit detached
single-family subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended Council approval of Reclassification No. 2003-00109 granted
(PC2004-113) (5 yes votes, Commissioners Romero and Velasquez absent)
Variance No. 2004-04626 granted (PC2004-114).
Tentative Tract Map No. 16545 approved.
(Planning Commission's decision appealed by Santiago Geologic Hazard Abatement
District).
(Continued from the Council meetings of March 29,2 005, March 1, 2005, January
25, 2005, January 11, 2005, December 14, 2004, and November 16, 2004).
Mayor Pringle remarked that at the last meeting he had asked for a discussion as to how the
individual or entity appealing this item be assured the fees do not continue to escalate as the
item had been continued several times. Mr. Morgan remarked that report was underway.
The public hearing for Item No. 38 was continued to May 10, 2005.
39. ENVIRONMENTAL IMPACT REPORT NO. 328 AND MITIGATION MONITORING
E200 PROGRAM NO. 126
AMENDMENT NO. 1 TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN -
MIS2003-00071
AMENDMENT TO TITLE 18 "ZONING" - ZCA2003-00025
CONDITIONAL USE PERMIT NO. 2003-04763
REQUEST FOR CITY COUNCIL REVIEW OF ITEM NO. 5d:
OWNER: Drive-in T California, 120 North Robertson Boulevard, Los Angeles, CA
90048
AGENT: Archstone Communities, One Spectrum Pointe Drive, Suite 224, Lake
Forest, CA 92630
LOCATION: Property is approximately 20.8 acres, located within the cities of
Anaheim and Orange, south of the southeast corner of State College Boulevard and
Orangewood Avenue.
2150 South State College Boulevard. This request pertains specifically to the
northerly 8.4 acre portion of the project site, located within the City of Anaheim,
within the boundaries of The Platinum Triangle, Gateway District (Formerly Orange
Drive-in).
Amendment to the Platinum Triangle Master Land Use Plan (PTMLUP)
(Miscellaneous Case No. 2003-00071) -Request to amend The Platinum Triangle
Master Land Use Plan (Amendment No. 1) to provide for the Gateway District to
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 12
have two sub-areas (Sub-Area A consisting of 41.6 acres and Sub-Area B consisting
of 8.4 acres).
Amendment to Title 18 "Zoning" (Zoning Code Amendment No. 2003-00025) -
Request to amend the Platinum Triangle Mixed Use (PTMU) Overlay Zone (Chapter
18.20 of the Anaheim Municipal Code) to establish zoning and development
standards for the Gateway District, Sub-Area B and to provide for the development
of amultiple-family residential development in Sub-Area B subject to the approval of
a conditional use permit.
Conditional Use Permit No. 2003-04763 -Request to construct amultiple-family
residential development (the Archstone Gateway Project) in the Gateway District,
Sub-Area B consisting of 352 apartment units with on-site tenant business and
leisure amenities (the apartment complex is proposed to straddle the City limits of
Anaheim and Orange with 352 units in the City of Anaheim and 532 units in the City
of Orange for a total of 884 units).
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council approval of Environmental Impact Report No. 328 and
Mitigation Monitoring Program No. 126 (PC2005-30) (6 yes votes with one
Commission vacancy).
Recommended City Council approval of Amendment No. 1 to the Platinum Triangle
Master Land Use Plan - MIS2003-00071 (PC2005-31).
Recommended City Council approval of Amendment To Title 18 "Zoning" -
ZCA2003-00025. (Amending Zoning and Development Standards for
the Platinum Triangle Mixed Use Overlay Zone Related to Sub Area B of the
Gateway District).
Conditional Use Permit No. 2003-04763 granted (PC2005-32).
Sheri Vander Dussen, Planning Director, stated the Archstone Gateway Project was a
proposed high quality apartment community approved by the Planning Commission without
opposition on February 23, 2005 and was before Council for final action to amend the
Platinum Triangle Master Land Use Plan and Overlay Zone. In addition, the Planning
Commission requested Council take final action on the conditional use permit.
Ms. Vander Dussen reported it was a 21-acre site bisected by the boundaries of Anaheim
and Orange, with approximately 8.5 acres falling within the City of Anaheim. She reported
the City of Orange Planning Commission had approved the project on March 7, 2005 and
was scheduled for final action by the Orange City Council on April 26th. The final action of
both Councils was required in order to approve the project.
Ms. Vander Dussen provided details and features of the project. Because the project was
designed prior to the completion and adoption of the Platinum Triangle regulations,
Archstone requested to amend those documents to define the boundaries of the Gateway
project to allow modified development standards reflecting the project design and also to
approve a conditional use permit to entitle the defined project. The proposed zoning
amendments were specific to the Archstone project and to isolate the development
standards to be applicable only to this property, they proposed to amend the Platinum
Triangle Master Land Use Plan to subdivide the 50 acre gateway district into two subareas,
one of which included only the Archstone site subject to the existing standards plus the new
standards created just for this project. The new standards would authorize approval of the
Archstone Project through the conditional use permit and exempt the project from preparing
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 13
a development agreement required of all other projects in the Platinum Triangle Mixed use
District. However, Ms. Vander Dussen explained, Archstone agreed to pay all of the fees
that would otherwise be required of that development agreement and also to record a
maintenance covenant to address concerns about long-term maintenance of the property.
The developer was also asking to allow payment of park fees in lieu of constructing a public
park and had proposed alternative landscape setback requirements and modifications to the
architectural design requirements in the Overlay Zone as well. Ms. Vander Dussen indicated
the plans support the type of quality architecture and enhanced landscaped that was
envisioned when the Platinum triangle zoning documents were developed.
Council Member Hernandez asked how the in lieu fees were calculated and Ms. Vander
Dussen replied the standard form of development agreement for the Triangle included a
calculation for park dedication fees at a slightly different rate than other areas of the City due
to significantly higher land values. She stated Archstone proposed to use the park
dedication fees included in the Platinum Triangle development agreement. Council Member
Hernandez asked if the City of Orange agreed to this as well.
Anna Pehoushek, Acting Principal Planner, responded that Orange had imposed in lieu fees
of about $9,800 per unit and that Orange was moving forward with a general plan
amendment as well as a zone change to planned communities that also involved approval of
a specific plan. She stated as part of the implementation program for the specific plan, the
applicant would be paying park in lieu fees, library fees and an affordable housing fee.
Council Member Chavez requested information on the affordable housing fee and Ms.
Pehoushek indicated it was about $2,850 per unit for a total of $1.5 million.
Mayor Pringle opened the public hearing. The applicant, Cynthia Wayne of Archstone
Communities, stated the project was the culmination of three years of hard work and
coordination between two cities. She indicated Archstone agreed with staff's
recommendations and conditions of approval and believed this project would enhance the
neighborhood and community.
Eileen McCarthy, staff attorney with Public Law Center, spoke on behalf of clients at the
Public Law Center who were very low income or low income people living or working in the
County of Orange. She emphasized the need for affordable housing, recognizing the
progress the City had made, but remarking projects such as Archstone Gateway represented
an opportunity for the City to facilitate and incorporate an affordable component to meet its
affordable housing needs and emphasized the housing fee imposed by the City of Orange.
Pat Stewart, Southwest Regional Council of Carpenters, related a labor dispute with
Archstone utilizing non-union carpenters on another Archstone project.
John Baker, Orange resident, stated the Platinum Triangle was the City's crown jewel of
development and should be built by union carpenters who live in the Orange County area.
Bill Bloom, representative from Carpenter's Union in Orange County, indicated his
organization had expressed concerns to Archstone about their use of non-union carpenters
and would be supportive of the project if their differences could be ironed out.
Bill Baxter, Southwestern Carpenter's Union, supported using union carpenters
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 14
Ray Burrell supported the use of union carpenters.
Richard Crawford, Anaheim resident, stated he would like to be able to work on this project
as a union carpenter.
Public hearing closed by Mayor Pringle
Cynthia Wayne, applicant, indicated she was not in a position to address specific allegations
but that Archstone's practices were to hire qualified general contractors and they did not
discriminate between union and non-union. The criterion important to Archstone was that
contractors were qualified and competitive.
Council Member Chavez remarked the union carpenters were referring to the forms that
were constructed to setup concrete which was a very small percentage of the entire project.
Council Member Hernandez questioned the quality of work received from non-union workers
and delays that could occur. He moved for atwo-week continuance for the carpenter's union
and the developer to discuss their concerns, seconded by Council Member Chavez.
Mayor Pringle felt it inappropriate for Council to approve or deny rights based on
subcontractors. City Attorney Jack White indicated the City did not have the ability to make
land use decisions based upon contractors.
Council Member Chavez stated he wanted to continue the matter for other reasons relating
to affordable housing and to have some assurance that a fire station would be built in the
Platinum Triangle area. Council Member Chavez remarked he had repeatedly requested a
fire plan to address planned new housing developments and he also wanted more
information related to the affordable housing fees imposed by the City of Orange.
Council Member Sidhu stated a developer had the full right to choose a qualified contractor
and Council had no authority in this matter and he was fully supportive of the project as
proposed.
Mayor Pringle felt the applicant had been moving forward with the project for three years and
the issue of affordable housing fees as well as a fire protection plan could be addressed
outside of this decision.
Council Member Hernandez indicated his request had been misconstrued. He had moved
for a two week continuance for the developer to meet with the union and possibly mediate
their concerns. He stated he had not suggested Council tell the developer whom they could
hire.
Council Member Galloway remarked it was not unrealistic to ask for atwo-week continuance
and would vote for the delay. Council Member Chavez felt a two week delay to discuss the
issue of affordability and fire safety was not unreasonable.
Ms. Wayne agreed to request continuation of the public hearing for two weeks and Mayor
Pringle continued the Archstone Gateway project to April 26, 2005.
Report on Closed Session Actions:
ANAHEIM CITY COUNCIL MEETING MINUTES
April 12, 2005
Page 15
None
Council Communications:
Council Member Hernandez announced a ribbon cutting on 200 kW fuel cells located at the
Anaheim Hills Community Center/Police substation which would supply the necessary power
for the community center, and coupled with solar-powered installation, would actually feed
back into the energy system. He also wanted to bring to the public's attention, housing for
the disabled, a program of information and advocacy and those in the community working
toward that end.
Council Member Galloway announced that April was National Child Abuse Awareness month
remarking that in recent years there had been an alarming trend of increased numbers.
Mayor Pringle announced Brookfield Homes made a generous donation of a van to the
Anaheim Boys and Girls Club and thanked the developer for his commitment to Anaheim.
He also spoke of the public hearings for annexation of the Garza strip, stating the majority of
the public saw the positive progress being made in Anaheim and wanted to be a part of it.
ADJOURNMENT: There being no further business to come before the City Council, Mayor
Pringle adjourned the meeting at 7:53 P.M.
Respectfully submitted:
.L~~
Sheryll Schroeder, MMC
City Clerk