2009/09/01 ANAHEIM CITY COUNCIL
REGULAR ADJOURNED MEETING
OF SEPTEMBER 1, 2009
The regular meeting of September 1, 2009 was called to order at 3:00 P.M. and adjourned
to 4:00 P.M. for lack of a quorum. Mayor Pringle called to order the adjourned regular
meeting of September 1, 2009 at 4:05 P.M. in the Chambers of Anaheim City Hall located
at 200 South Anaheim Boulevard. A copy of the agenda was posted on August 28, 2009
on the kiosk outside City Hall.
PRESENT: Mayor Pringle and Council Members: Lorri Galloway, Bob Hernandez,
Lucille Kring and Harry Sidhu.
STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley and City Clerk
Linda Andal
WORKSHOP ANAHEIM FIXED GUIDEWAY TRANSIT CORRIDOR STUDY:
Natalie Meeks, Public Works Director, introduced the workshop by announcing the Fixed
Guideway project had the potential to connect ARTIC to the Platinum Triangle, the Resort
Area, the Convention Center and staff was eager to get the project underway. She
indicated the environmental process had begun, as well as the alternative analyses review
to determine the best alignments and technologies for this system to move forward. Dennis
Nujar, PBS &J, explained the study looked at current and future mobility needs as well as
inner regional mobility connection problems which impacted residents, employees of those
areas and visitors to the large number of tourist attractions in Anaheim.
A series of goals were developed to serve as principle guidelines for this project that would
address mobility for all, ensuring the service offered was safe and secure and that
environmental concerns, such as reducing greenhouse gas emissions were considered.
Those guidelines took into consideration land use and economic development opportunities
and efficient, cost effective people moving systems. To undertake the design, build and
operation of this system, the Go Local process was relied upon, a process undertaken by
Orange County Transportation Authority (OCTA) requiring all local cities to develop transit
projects tied to the MetroLink line running through the County. He added project staff
looked at the alternatives and the environmental process in anticipation of selecting a
project for Council's final approval and toward that goal, a wide number of alternatives and
types of technology considered best for the character of Anaheim and for the employers
and employees were developed. Through public input, the review process then narrowed
the selection of alignments and technology to the most ideal approaches.
The review process had gone through three evaluations, the initial screening of
alternatives, evaluation workshop and then to the decision maker's review where choices
which came out of that review process were now being refined. Critical to this project, he
emphasized, was to ensure the experience from the Metrolink transit system to Anaheim's
major venues was safe, reliable and pleasurable, as well as quick and user friendly.
For the environmental process, the "no build" alternative, the Transportation System
Management (TSM) alternative and the "build" alternative had to be considered. The
"no build" considered projects that would be implemented between now and 2035. It
envisioned the impact those projects would have on the mobility of the people in the study
City Council Minutes of September 1, 2009
Page 2 of 12
area. The TSM reflected a low cost alternative, i.e., what could be done today or in the
near future that would address the mobility needs of the residents, employees and visitors
to help them get to their desired venues. The "build" alternative was a more complicated
process. It required all alternatives to be considered and then narrowed down to the best
to finally present the alternative to the City Council and the public.
Referencing technologies, Mr. Nujar stated, two categories were considered: The first was
the BRT (bus) system as they typically ran in semi exclusive right -of -ways, with some traffic
signals, a priority system, some fare collection outside of the bus and some special
treatment to the station. Other technologies were the family guideway technical vehicle,
private rapid transit (PRT), automated people mover, mag lev or monorail. At this point in
time, all of these options, he pointed out, were being studied further.
Discussing alignments, the BRT was proposed to run east to west, from ARTIC and Gene
Autry up Haster, over to Disney Way and down Harbor Boulevard. Variations on this
alignment were being considered to determine if there was any merit and potential stations
were being studied looking at ridership, space, environmental impact, potential cost and
whether the City and public would support them. The next alternative alignment was the
Central Alternative, similar to the BRT alignment with some variations. There was interest
in this alignment as it connected to all major venues and riders could easily exit the
MetroLink and reach destinations without renting a car. The next alternative was the
Northern Alignment which traveled down Katella, up Manchester on the eastside of the 5
freeway, crossed over north of the power lines, transverse the 5 and then along the
westside to the parking area at Disney and down Harbor Boulevard. He pointed out a
transit center at the top of the Disney parking area was being considered as a facility which
could drop families off, catch a bus, cab or use this system and from that point use other
modes or transportation. The Central Split alternative, called the "claw," branched out as it
was initially determined that service would be needed to the north as well as to the south,
but this alignment, he stated, presented operational challenges although it would still be
studied. All of these alternatives were now being refined and towards the end of
September, ridership projections would be determined to see where the station should be
placed.
The next step would be looking at cost estimates for the project as well as operation and
maintenance cost estimates. He added it was anticipated the cost, both on the capital side
and the operation side, would change several times over the course of the work as the
project was refined and impacts were identified. Part of the environmental review process
would be to incorporate the cost of the project at that moment in time, funding taking into
consideration roads, utilities, the look of the structure and the station. He emphasized the
team understood the stations in this area must be unique to Anaheim and capture the
environment of the surrounding urban area. A meeting held on September 1s with the
team of scientists began looking at the alignments, the soil, and historical buildings to
determine information that should be relayed to the public. He also pointed out the Federal
Transit Administration (TA) was the sponsor in cooperation with the City and OCTA in the
environmental review.
High speed rail, he pointed out, was moving fast and could impact this project. In 2035,
trains would be entering this area every 12 minutes with 8,000 riders departing the trains,
which would have a significant impact on the Fixed Guideway system in terms of moving
riders safely and efficiently.
2
City Council Minutes of September 1, 2009
Page 3 of 12
Notification to the public had begun; a pre scoping meeting was held in late July, a Federal
NEPA scoping meeting was scheduled for November with a public hearing on the Draft EIS
for public comments on the final recommendations. In December, a conceptual financial
plan would be developed identifying revenue sources and the potential costs of the project
as well as on -going operation and maintenance figures. The Draft EIS and public hearing
was scheduled for 2010 and as early as 2011, the City could begin acquiring property.
Council Member Kring inquired how the GardenWalk area would be served. Natalie Meeks
emphasized GardenWalk was one of the key event centers of this project with the objective
of serving as many event centers with as few stations as possible to move riders quickly. It
was anticipated to construct the station to serve both the front gate of Disneyland and
GardenWalk with a pedestrian overpass above Disney Way that would connect into the
second level of GardenWalk providing a direct connection from the fixed guideway to serve
the GardenWalk properties.
Mayor Pringle pointed out that the Director of Public Works and the City Manager had been
in contact with a variety of interests in the Resort Area with the potential of funding
expenses and some capital costs to bring this project about, which would be part of the
financial information to be provided. Ms. Meeks responded staff was working on that
aspect of the project and costs would not be passed onto the fares.
At 4:58, Council recessed to closed session for the following item:
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.
At 5:16 P.M., Council session was reconvened.
Invocation: Pastor Edward Wiafe, Messiah Pentecostal Ministry
Flag Salute: Council Member Harry Sidhu
Presentations: Recognizing participants in the 2008 Milis Act Program
Elisa Stipkovich, Community Development Executive Director, provided a brief history on
the Milis Act Program, remarking the 20 Milis Act contracts being recognized, now brought
the total participants to 222.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming September 17 -23, 2009, as Constitution Week
Recognizing the Anaheim in Motion Art Project Artists
Carolyn Carpenter, Family YMCA, Anaheim Motion Art Project Artists, thanked the Council
for encouraging inspirational events remarking the GardenWalk open air museum to depict
murals was a great success.
3
City Council Minutes of September 1, 2009
Page 4 of 12
Janet Lee, Motion Art project creator, stated local artists had created 20 murals depicting
Anaheim's history and that the YMCA and Anaheim School district kids, with more than 200
volunteers, had enthusiastically participated. She introduced and recognized those local
artists.
Recognizing the Anaheim Chamber of Commerce 2009 Business
Links Golf Tournament Honorees
Proclaiming September 6, 2009, as MDA Day
Proclaiming September 2009, as National Preparedness Month
Fire Chief Roger Smith accepted the National Preparedness Month proclamation, urging
families to make preparedness a priority.
At 5:25 P.M., the Anaheim Redevelopment Agency was called to order (in joint session with
the Anaheim City Council).
ADDITIONS /DELETIONS TO THE AGENDAS: Staff submitted revised language to
Section 32 of the Draft Ordinance in Item No.18 and requested that the item be removed
from the consent calendar to incorporate those changes.
PUBLIC COMMENTS (all items except public hearing):
Mayor Pringle introduced Will Kempton, newly appointed OCTA Chief Executive Officer.
Mr. Kempton spoke and stated he looked forward to working with Anaheim and Mayor
Pringle as one of OCTA's board members, on the ARTIC high speed rail project and the
Fixed Guideway transportation system. Mayor Pringle remarked the biggest challenge Mr.
Kempton faced was the severe transit budget cutback reducing 400,000 bus service hours,
asking that he share OCTA's plans. Mr. Kempton responded earlier this year the Board of
Directors had approved a reduction of 233,000 revenue vehicle hours of service in the
County with the second increment of 100,000 to come. This September there was the
potential for an additional 300,000 bus service hour reduction and staff was now going
through the process of analyzing how to address that impact. He added what he would like
to recommend to the Board were several strategies for softening the blow, recognizing
there would be cuts and reductions in services implemented. He indicated this would be a
collaborative process and he expected by November to make recommendations to the
Board of Directors on how to deal with reductions on this scale. Mayor Pringle pointed out
the most traveled bus route was on Harbor Boulevard and that single route had daily
boardings of 16,000 riders (Anaheim employees). Mr. Kempton added each one of those
boardings represented a potential trip in an automobile which would create more
congestion and air quality issues and he would consider that as he worked toward a
solution. Council Member Galloway echoed Mayor Pringle's concerns stating the bus
service was the lifeblood of service sector employees in the Resort Area and that it could
be devastating to lose that service
Martha Espiritu, Project Path, informed the community on a DUI prevention project funded
through the Orange County Health Care Agency, to prevent and reduce DUI's in cities of
Anaheim, Huntington Beach, Irvine and Santa Ana.
Rama Kayalli, Access California Services, addressed Item No. 9, requesting Council
reconsider the decision for case management services. She had submitted a proposal to
4
City Council Minutes of September 1, 2009
Page 5 of 12
the City and outlined her organizations experience emphasizing it was an Anaheim based
agency providing services through community donations and would guarantee services for
150 participants with their funding request of $172,000.
Travis Wyndham, resident, requested clarification on Item No. 19's zoning amendment.
Cynthia Ward, resident, requested Item No. 19 be pulled for discussed at it appeared to
allow alternative uses for residential properties such as car or impound Tots.
Francis Noteboom, resident, requested discussion on Consent Calendar Item No. 19.
Paul Beckman, resident, requested information as it related to impacts to neighbors if Item
19 were to be approved.
Meghan Shigo, resident, also expressed concern re Item No. 19.
Joy Hodges, resident, requested Council reconsider approval of Item No. 19.
Larry Baker, Anaheim Ballet, provided a brief history of the ballet company which began in
1997 and announced the free summer performances at Pearson Park.
Jennifer Mental Health Association of Orange County, thanked Council for approving the
agency for homeless prevention case management services.
Robert Nelson, resident, opposed the zoning amendment referenced in Item No. 19,
requesting Council allow discussion on the matter.
JOINT PUBLIC HEARING (Redevelopment Agency and City Council):
1. This is a joint public hearing between the Anaheim Redevelopment Agency and the
D175 City Council to consider a Disposition and Development Agreement by and between
the Agency and Brookfield Olive Street 11 LLC for Phase III of the Colony Park
development.
City Council Action:
RESOLUTION NO. 2009 -148, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Disposition and Development Agreement with
Brookfield Olive Street 11 LLC and making certain findings in connection therewith.
Elise Stipkovich, Community Development Executive Director, reported staff was
recommending approval of a Disposition and Development Agreement with Brookfield
homes for the sale of Agency land for development of 182 for -sale condo units and flats for
Phase III of Colony Park, a new community established in the downtown area. She
indicated Phases I and 11 of Colony Park, situated on a 40 acre site, developed a total of
270 homes and to date, 165 homes had been sold of which 42 were affordable.
She noted staff had been in negotiations with Brookfield for a 9.4 acre site for development
of Phase III, consisting of 70 paired townhomes and 112 motor court units and townhomes
(46 of which would be affordable). She added, if approved, the developer would pay the
agency $11.5 million for the land and the City would commit to
5
City Council Minutes of September 1, 2009
Page 6 of 12
public improvements including public streets, a sound wall along the Metrolink right -of -way
and also reimbursement for a public park. She noted Brookfield was asking the City to
provide $775,000 in down payment assistance primarily from federal funds which would be
in the form of loans to homeowners to be paid back to the Agency. A summary of costs
and revenues had been provided to the Council looking at not only the cost of land value,
but bond interest on funds used, mediation costs and Agency improvements totaling
approximately $18 million. The developer would pay the City for the public streets
estimated at $13 million, and the City would also agree to develop those streets and
receive over $17.8 million over the life of the redevelopment project in tax increment. The
total cost to the Agency was approximately $18 million and total revenue would be over $30
million, for a net revenue of $13 million. She added Brookfield had been a tremendous
partner in developing this area and recommended approval of the agreement.
Mayor Pringle opened the public hearing.
John O'Brien, Brookfield Homes, thanked Council and staff, reporting Brookfield had
recently passed its two year milestone of selling homes at Colony Park and celebrated with
a community event. He stated Brookfield had focused on the creation of a community
through market research, and now proposed Phase III to the City. He added the new
offering would have paired homes, starting from the high $300,000 to the mid $400,000 for
paired homes; and from $270,000 to the high $300,000 for some of the flats and
townhomes. He added Brookfield was happy to be part of an area -wide improvement
which included utility pole undergrounding and hoped to get the public park which was at
the center of the 40 acres off the ground this fall.
Council Member Galloway thanked Brookfield for creating a community with beautiful
design features rather than focusing on solely building homes.
Paul Beckman, East Neighborhood Council District, remarked he had attended the Housing
Commission meetings consistently over the year and believed the first two phases of
Colony Park had moved well and benefited the area. He wondered whether the rental
product earmarked for that area could be moved to a for -sale product to keep the area
cohesive.
With no other comments offered, Mayor Pringle closed the hearing.
Mayor Pringle remarked there was one portion of this large city block proposed as rental,
and not part of this development, in which the City had issued an RFP to determine if
apartment developers were interested. He indicated no proposals had come in yet,
however, were expected at some point in the future. He added he did not object to rentals
and was in favor of combining rental into this block as an opportunity for others to enjoy the
benefits of this neighborhood. He added the look of Colony Park was distinct and the floor
plans were unique and impressive. He further emphasized this project sold more new
homes than any other development in Orange County last year and was positioned to do
the same for this year.
Council Member Sidhu commended Brookfield for taking an undesirable area and turning it
into a desirable neighborhood.
Council Member Galloway moved to approve RESOLUTION NO. 2009 -148 OF THE CITY
OF ANAHEIM, approving a Disposition and Development Agreement with Brookfield Olive
6
City Council Minutes of September 1, 2009
Page 7 of 12
Street II LLC and making certain findings, seconded by Council Member Sidhu. Roll Call
Vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and
Sidhu. Noes 0. Motion Carried.
At 6:18 the Anaheim Redevelopment Agency was adjourned.
CONSENT CALENDAR: Council Member Hernandez removed Item No. 9 from the
consent calendar for further discussion and Mayor Pringle removed Item No's.18 and 19.
Council Member Kring moved to waive reading in full of all ordinances and resolutions on
the balance of 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 5: Mayor Pringle and
Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried.
2. Review the need for continuing the local emergency heretofore proclaimed by the
D175 Director of Emergency Services as ratified by previous action of the City Council
concerning land movement and property damage in the vicinity of 357, 365 and 373
Ramsgate Drive and the Hidden Grove Lane /Fox Glen Drive area in the City of
Anaheim, and, by motion, determine that the need for continuing the local
emergency exists.
3. Accept the low bid from C2 Reprographics, in an amount not to exceed $123,021,
D180 for large format reprographic services for the Public Works and Public Utilities
Departments for a one -year period, with four one -year optional renewals, and
authorize the Purchasing Agent to exercise the renewal options, in accordance with
Bid #7265.
4. Accept the bids of Nazdar Supply, Inc., in an amount not to exceed $94,545 and
Gale Supply Company, in an amount not to exceed $80,562, for janitorial supplies
D180 for the Convention Center for a period of one year, with up to four one -year optional
renewals, and authorize the Purchasing Agent to exercise the renewal options, in
accordance with Bid #7278.
5. Approve the Second Amendment to License Agreement with Disney GOALS, Inc.,
3450.4 to continue using two city buildings at 1170 N. La Palma Parkway for its program
headquarters in connection with its roller hockey program and the Fourth
Amendment to License Agreement to utilize the Martin Recreation Center to
conduct a youth hockey skating and training program for underprivileged area
youth.
6. Approve the Second Amendment to the Agreement with ASM Enterprises, Inc., for
2745.2 food and beverage service at the Dad Miller Golf Course.
7. Approve the Purchase and Sale Agreement with Kaiser Foundation Hospitals for
5833 the sale of City owned surplus property located at the southwest end of the Grove
Street cul -de -sac and execute the Grant Deed that shall be deposited into escrow
pursuant to the agreement (ACQ6228).
8. Approve and authorize the Chief of Police to execute an agreement with the County
5834 of Orange to participate in the federal fiscal year 2009 American Recovery
7
City Council Minutes of September 1, 2009
Page 8 of 12
Reinvestment Act Justice Assistance Grant program and approve an increase in the
Police Department's fiscal year 2009 -10 revenue and expenditure appropriations by
$621,919.
10. Approve the proposed quitclaim requested by Hunsaker Associates on behalf of
P110 RRM Properties for the City to quitclaim its right, title and interest, in and to a
temporary easement for the construction of slopes within the boundaries of
Tentative Tract Map No. 17289 (Abandonment No. ABA2009- 00196).
11. RESOLUTION NO. 2009 -149 A RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM vacating right -of -way and easement for street and public
utility purposes pursuant to California Streets and Highway Code Section 8330, et
seq. Summary Vacation (Abandonment No. ABA2009- 00197).
Approve the quitclaim requested by Hunsaker Associates on behalf of the State of
California Department of Parks and Recreation for the City to quitclaim its right,
title and interest, in and to Street "D" and the temporary easement for the
construction of slopes within the boundaries of state owned park land adjacent to
Tentative Tract Map No. 17289 (Abandonment No. ABA2009- 00197).
12. RESOLUTION NO. 2009 -150 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM authorizing the Director of Public Works or her designee
to submit an application on behalf of the City of Anaheim to California Department
of Transportation for the Transportation Investments Generating Economic
Recovery (TIGER) Grant, and if awarded, authorizing the acceptance of such
project assistance on behalf of the City.
Authorize the increase of the Public Works Department fiscal year 2009/10 revenue
and expenditure appropriation by $29,000,000, if this grant is awarded.
13. RESOLUTION NO. 2009 -151 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties or interests therein (City Deed Nos. 11307, 11308, 11309
and 11310).
14. RESOLUTION NO. 2009 -152 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM approving and accepting certain corrective easement
deeds pertaining to the conveyance of certain real properties or interests therein to
the City of Anaheim (City Deed Nos. 11311, 11312, 11313).
15. RESOLUTION NO. 2009 -153 A RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM vacating a portion of a public utility blanket easement
located over a portion of South Street pursuant to California Streets and Highway
Code Section 8330, et seq. Summary Vacation (Abandonment No. ABA2009-
00202).
16. RESOLUTION NO. 2009 -154 A RESOLUTION OF THE CITY COUNCIL OF
P110 THE CITY OF ANAHEIM vacating a public utility easement located upon Assessor
8
City Council Minutes of September 1, 2009
Page 9 of 12
Parcel Number 272 -08105 pursuant to California Streets and Highway Code
Section 8330, et seq. Summary Vacation (Abandonment No. ABA2009- 0000198).
17. ORDINANCE NO. 6155 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM adding new Chapter 17.38 to Title 17 of the Anaheim Municipal Code
relating to deferral of certain impact fees (Introduced at Council meeting of August
25, 2009, Item 25).
END OF CONSENT:
9. Authorize the Executive Director of Community Development to enter into and
5835 administer two agreements, in a form acceptable to the City Attorney, with Orange
5836 County Association for Mental Health and Mercy House Transitional Living Centers,
Inc., in the amount of $150,000 each, to provide case management services for the
Rental Assistance for Families in Transition program.
Elisa Stipkovich, Executive Director of Community Development, reported this was a
recommendation to select two non profit agencies to provide case management for a new
program established by the federal government. It was a one time program for short-term
rental assistance for people facing temporary homelessness or who had certain economic
factors requiring rental assistance. She indicated an RFP had been sent to 35
organizations and nine proposals had been received. A committee made up of staff from
different departments dealing with social services and housing programs in the City ranked
the nine proposals and recommended the top two entities, Mercy House Transitional Living
Centers and Orange County Association for Mental Health. She pointed out bidders were
ranked on the experience each organization had in case management, placement and in
job training. The Mental Health Association had an office in Anaheim and Mercy Housing,
based in Santa Ana, was willing to work in one of the City's facilities, if available. Both
organizations would receive $150,000 to provide case management services over a two
year period. The organizations would process applications to determine eligibility for the
program, provide case management and follow up on a three month basis. She added all
of the non profit agencies could submit applicants for the program as these two agencies
would act more as a clearing house to qualify applicants. The actual rental assistance, she
pointed out, would be administered through the Anaheim Housing Authority system as
checks would be provided directly to property owners.
Council Member Hernandez noticed that on the selection matrix, Access California
Services came in third and asked for an explanation of the selection process. Ms.
Stipkovich remarked it was based on experience of the various non profits and their
previous case management abilities, specifically in dealing with placing people into housing
and assisting in getting jobs or job training. She added that Access California Services was
qualified as were other non profits, but that the committee had ranked Mercy House and
OC Mental Health Association as the top two. She added staff did not feel there was
enough money in this two year program to fund more than two organizations and have
them be effective and well staffed.
Council Member Galloway stated all of the non profits had the same mission to find shelter
and housing for homeless people and she also felt that Anaheim based organizations paid
more attention to those who needed help in the City.
9
City Council Minutes of September 1, 2009
Page 10 of 12
Council Member Sidhu moved to approve Item No. 9, seconded by Council Member Kring.
Roll Call Vote: Ayes 4: Mayor Pringle and Council Members: Hernandez, Kring and
Sidhu. Noes 1: Council Member Galloway. Motion Carried.
18. ORDINANCE NO. 6156 (INTRODUCTION) AN ORDINANCE OF THE CITY
C280 OF ANAHEIM amending various sections of Title 1, Title 14, Title 17 and Title 18 of
the Anaheim Municipal Code (Zoning Code Amendment No. 2009 00079).
Sheri Vander Dussen, Planning Director, reported the primary purpose of this draft
ordinance was to further streamline the development review process by reducing the time
and cost needed to process many types of zoning applications. Most of these savings
would be realized by the elimination of the Zoning Administrator position as Zoning
Administrator charges for time spent reviewing applications was not a cost effective way to
process minor applications. It was proposed that many of the applications currently
reviewed by the Zoning Administrator would now be reviewed by staff which would
substantially reduce processing time and cost because these actions would no longer
require public hearings. She noted all staff decisions would be appealable to the Planning
Commission with more complex cases being heard by the Planning Commission, which
would not increase processing time or costs. Ms. Vander Dussen stated the proposed
code amendment was also to create a consistent 10 -day appeal period for all discretionary
decisions and to create a simple process for approving on -site parking agreements. In
addition, the standard monument signs in the scenic corridor would be restored which had
disappeared during the prior code amendment. An errata sheet was provided to Council
which included language omitted from the draft redline ordinance to allow the Planning
Director to approve modifications to conditions of approval when it was determined that the
modified condition was equally effective as the original or when an applicant's method for
satisfying that condition complied with the original intent of the condition.
Mayor Pringle supported the suggestions regarding the zoning administrator after having
confirmed it would not add an additional burden to the Planning Commission's calendar,
and that the issues for staffs decisions would be minor in nature. He also felt there was
value in unifying the appeals timeline. Currently, he stated, there were several timelines in
which actions could be appealed, 10, 15, or 22 days. He asked Council to consider, if the
appeal timeline was shortened to 10 -days, that staff posts an action calendar within 24
hours of the Planning Commission meeting on the City's website and that an electronic
posting of that action calendar be provided to Council Members, since Council had the
ability to appeal Planning Commissions actions, if desired.
Council Member Hernandez commended the Department for making this move to
streamline the process and also for implementing a change that promoted savings and
introduced Ordinance 6156 amending various sections of Title 1, Title 14, Title 17 and Title
18 of the Anaheim Municipal Code, including the revised language as submitted to Section
32 of the draft ordinance. He also moved that the Planning Commission action agenda
would be posted on the City's website within 24 hours of the meeting and that electronic
notification to the City Council of the action agenda posting would be deemed proper notice
as it pertained to Council's appeal period. Seconded by Council Member Galloway, the roll
call vote reflected: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez,
Kring and Sidhu. Noes I. Motion Carried.
10
City Council Minutes of September 1, 2009
Page 11 of 12
19. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE
C280 CITY OF ANAHEIM amending various sections of Title 18 of the Anaheim Municipal
Code (Zoning Code Amendment No. 2009 00085).
Sheri Vander Dussen, Planning Director, reported this item was for the approval of an
amendment to the Zoning Code to add interim uses as a conditionally permitted use in all
zones except for the Resort District. She indicated the Zoning Code identified uses allowed
by right, permitted subject to approval of a conditional use permit, or prohibited. Recently,
she stated, staff had received a number of requests to allow interim uses on properties that
were ultimately intended to be developed with residential uses. When these requested
interim uses were not permitted in the zone, the Code did not allow for consideration of
such proposals and this amendment would allow property owners to request a conditional
use permit for uses not currently permitted in a particular zone for a period of up to two
years. The conditional use permit process would allow the merits of each proposal to be
evaluated by the Planning Commission to ensure the interim uses were compatible with the
surrounding neighborhood and this amendment would apply to all zoning districts in the city
with the exception of the Anaheim Resort, Disneyland Resort and Hotel Circle Specific
Plans in the Anaheim Resort. She added any new use proposed in the Anaheim Resort
required an amendment to those Specific Plans and a citywide vote.
Ms. Vander Dussen explained this amendment would allow property owners to propose
interim uses that would allow them to earn income from their land while they waited for the
economy to improve, or design and entitle a permanent use. To provide maximum
flexibility, the ordinance would allow uses not ordinarily permitted in a zone on an interim
basis, subject to approval of a conditional use permit. She ended her presentation
indicating staff recommended approval of the request.
Mayor Pringle expressed surprise that he was unaware this zoning amendment was being
proposed until this date, understanding it had recently been approved by the Planning
Commission. While he understood the intent of the amendment, he emphasized he could
not support a citywide amendment which allowed any property in Anaheim, excluding the
Resort Area, to be zoned for an alternative use which could impact neighborhood residents
for two years and would only need the support of four Planning Commissioners to approve.
He was open to discussion on targeting needs for development property in this downed
economy, but would not support this ordinance. Council Member Sidhu wondered if interim
uses could be permitted for property owners that had received entitlement for future
development with the City Attorney responding the City would have to be careful to ensure
there was no spot zoning, which was not legally allowed. Council Member Hernandez
concurred with Mayor Pringle's assessment, remarking he would not be comfortable with
two years as an interim use.
After a lengthy discussion as to whether to deny or table the ordinance or have it continued
with staff returning with other options, the decision to deny was made. Council Member
Kring moved to deny the ordinance, seconded by Council Member Hernandez. Roll call
vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and
Sidhu. Noes 0. Motion Carried. Mayor Pringle asked that those residents who spoke on
this issue during public comments, be notified if there was something of this nature in the
future.
11
City Council Minutes of September 1, 2009
Page 12 of 12
Report on Closed Session Actions: None
Council Communications:
Mayor Pringle introduced Alexander Luciano, city /student volunteer, who presented
information on how to connect and send comments and concerns to Anaheim 311 via
"twitter.com".
Mayor Pro Tem Hernandez announced, as part of National Preparedness Month, the Fire
Department and the Office of National Preparedness had received four certificates of
recognition from California Emergency Services Association for specific events. He also
announced the Transportation Fair Chili Cook Off coming up on September 23 and spoke
of the passport services offered by the City Clerk's Office.
Council Member Galloway recognized City employee, Ray Witters in Facilities
Maintenance.
Council Member Kring reported on the various seminars being held in the month of
September as part of National Preparedness Month. She also requested Council consider
moving the November 10 meeting to November 3
Council Member Sidhu discussed the details and successes of the recent Job Fair and
requested the meeting be adjourned in memory of fallen firefighters Ted Hall and Arnaldo
Quinones.
Mayor Pringle requested the establishment of a Sister City Commission be placed on the
September 22 agenda.
Adjournment:
At 7:23 P.M., with no other business to conduct, Mayor Pringle adjourned the September
1 Council meeting.
Res ctfully submi ted,
Linda N. Andal, CMC
City Clerk
12