2007/05/08ANAHEIM CITY COUNCIL
SPECIAL MEETING OF
MAY 8, 2007
The special meeting of May 8, 2007 was called to order at 2:11 P.M. by Mayor Pringle.
PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille
Kring and Harry Sidhu.
STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Linda
Nguyen
ADDITIONS/DELETIONS TO CLOSED SESSION: NONE
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: NONE
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Approximately 53 acres generally northerly of Angel Stadium of Anaheim, 2000
Gene Autry Way, Anaheim, California
Agency negotiators: Dave Morgan, Joel Fick
Negotiating parties: City of Anaheim and (1) Archstone-Smith & Hines, (2) Hicks Holdings
& Cousins, and (3) Windstar
Under Negotiation: price and terms.
2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Walt Disney World Co. v. City of Anaheim, et al., Orange County Superior
Court Case No. 070001210.
3. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
(Subdivision (c) of Section 54956.9 of the Government Code)
Number of potential cases: two.
At 5:10 P.M., the Council returned from closed session and the regular meeting was reconvened.
Invocation: Chairman Twafiq Deek, West Coast Islamic Society
Flag Salute: Mayor Pro Tem Hernandez
Presentations: Presenting Miss Anaheim and Miss Anaheim's Outstanding Teen
Sherry Cain, Executive Director of the Miss Anaheim pageant explained the Miss Anaheim
contests were a prelude to the Miss California and Miss California Teen pageants. She announced
on March 11th Chasta Nechvatal had been selected as Miss Anaheim and Leah Cecil had been
chosen as Miss Anaheim's Outstanding Teen and presented them to Council and the community.
May 8, 2007 -Page 2
Acceptance of Other Recognitions !To be presented at a later date):
Proclaiming May 12, 2007 as National Fibromyalgia Awareness Day
Phyllis Tallerico accepted the proclamation on behalf of the National Fibromyalgia Association,
thanking Council for bringing attention to this disease which affected over 10 million people.
Proclaiming May 14, 2007 as Meals on Wheels Day
Ethel Clayton thanked Council for the proclamation recognizing the Meals on Wheels program,
reporting Meals on Wheels enabled shut-ins to live independently.
Proclaiming May 6-12, 2007 as Building Safety Week
Julie Seay, Building Official for the City of Anaheim, thanked Council for the Building Safety Week
proclamation, announcing this year's theme was Building Smarter for Disasters in Everyday Life.
She provided details on the various activities occurring during celebration of Building Safety Week
Proclaiming May 2007 as National ALS Awareness Month
Winnie Porter, ALS Association of Orange County, thanked Council for the proclamation indicating
the ALS organization was bringing attention to those who suffer with ALS and advocating for more
funding for research and patient services.
Recognizing the 2007 National Hispanic Business Women Association
Women of the Year and Scholarship Recipients
Recognizing the U. S. Small Business Administration 2007 Small
Business Week Honorees
At 5:24 P.M., Mayor Pringle called to order the regular meeting of the Redevelopment Agency and
the Housing Authority for a joint public comment session.
ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: Related to Item No. 36, staff requested
Tentative Parcel Map 2006-285 be deleted from the agenda as Council action was not required.
PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS):
Dick G., resident, informed the community that the West Anaheim neighborhood was hosting a
barbeque on May 12t" and invited all to attend and take part in the Anaheim Star Search contests.
Christy Romero, resident of Anaheim Colony Historic District and coordinator for her neighborhood
watch group, announced that several neighborhood groups had concerns and would like to meet
with the City to discuss those concerns.
Carolyn Yellis, Sesquicentennial Commissioner, updated Council on the 150t" signature events.
She spoke of the success of the Pow Wow tradeshow bringing in travel industry participants both
nationwide and worldwide with anticipated earnings over the next 10 years of nearly $30 million.
She announced a Photo Contest had begun on May 15t with the theme of History in the Making,
which allowed applicants to submit photos that were 50 years or older. In addition, the City had
May 8, 2007 -Page 3
celebrated Cinco de Mayo attracting nearly 100,000 attendees with weekend festivities which
concluded with a traditional Sunday morning mass and breakfast.
Mallory Vega, representing Acacia Adult Day Services, was present to voice her agency's support
for the funding recommendations of the Community Development citizen advisory committee for
2007108. She explained her agency provided adult day care and adult health care for frail older
adults, persons with disabilities, and persons with Alzheimer's Disease or dementia.
Maxine Stevenson, resident, asked for Council's assistance as to how her housing monthly
allotment was calculated and the manner in which she was treated by Housing Authority staff.
Mayor Pringle referred Ms. Stevenson to Bertha Chavoya, Housing Department, indicating Ms.
Chavoya would investigate her concerns and brief Council on the solution.
Robin Lee, Orange County Linkages Program, spoke in support of the Community Development
Block Grant (CDBG) recommendations for next fiscal year and thanked Council for supporting
programs to help disabled and older adults stay in their own home and remain independent.
Diane Singer, resident, opposed Council's funding of $200,000 to the Anaheim Chamber of
Commerce due to its stance on the Resort District housing issue.
CONSENT CALENDAR: Council Member Kring removed Item No. 17 for further discussion;
Council Member Galloway removed Item No's. 20, 21 and 22 and Mayor Pringle pulled Item No.
15. Council Member Sidhu waived reading in full of all ordinances and resolutions and to approve
the balance of the consent calendar in accordance with the reports, certifications and
recommendations furnished each Council Member and as listed on the balanced of the Consent
Calendar, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council
Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried
MOTION: S/K Waive reading in full of all ordinances and resolutions and adopt the consent
calendar.
5. Reject claims filed against the City.
6. Receive and file minutes of the Housing and Community Development Commission
meeting of March 21, 2007.
7. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of
$366,374.10 for the Jefferson Street improvement project from north city limits to Miraloma
Avenue, and approve and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions.
8. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of
$338,000 for street improvements on La Palma Avenue from Blue Gum Street to White Star
Avenue, and approve and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions.
9. Award the contract to the lowest responsible bidder, International Pavement Solutions, Inc.,
in the amount of $87,455 for the Orange Avenue improvement project from 285' west of
Thistle Road to 120' west of Greenwich Street, and approve and authorize the Finance
Director to execute the Escrow Agreement pertaining to contract retentions.
May 8, 2007 -Page 4
10. Award the contract to the lowest responsible bidder, International Pavement Solutions, Inc.,
in the amount of $188,207.80 for the Brookhurst Street improvement project from Niobe
Avenue to Orange Avenue, and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
11. Award the contract to the lowest responsible bidder, GMC Engineering, Inc., in the amount
of $331,785.65 for the Roadway Widening and Parkway improvement project at Harbor
Boulevard and Lincoln Avenue, and approve and authorize the Finance Director to execute
the Escrow Agreement pertaining to contract retentions.
12. Award the contract to the lowest responsible bidder, All American Asphalt, in the amount of
$264,264 for street improvements on Wagner Avenue from the end of SR-57 Bridge to Rio
Vista Street, and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
13. Approve the amendment to an agreement with Saba and Waqar Farooquee for the
acquisition of real property located at 1671 W. Katella Avenue for the Katella Avenue Smart
Street project.
14. Approve the grant of easement in favor of Pacific Bell/SBC relating to property located at
300 S. Beach Blvd.
16. Approve the Fourth Amendment to the Agreement with Republic Electric, Inc. extending the
term of the traffic signal maintenance services agreement from June 1, 2007 through May
31, 2008.
18. Accept the low bid and approve an agreement with Osmose Utilities Services Inc., in an
amount not to exceed $600,000 for inspection, treatment, and reinforcement of
approximately 8,000 electrical utility poles to be completed by June 30, 2008, with two one-
year renewal options for additional inspections and treatment as needed, and authorize the
Purchasing Agent to exercise the renewal options for the Public Utilities Department, all in
accordance with Bid #6883.
19. Accept the low bid of Merrimac Energy Group, in an amount not to exceed $262,600
(including tax), for the as-needed purchase of Jet "A" Turbine helicopter fuel for the Police
Department, Helicopter Detail for cone-year period, with three one-year options to renew
and authorize the Purchasing Agent to execute renewal options, all in accordance with Bid
#6923.
23. Review the need for continuing the local emergency heretofore proclaimed by the 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.
24. RESOLUTION NO. 2007-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein. (City Deed Nos. 11031-11036 & 11038).
25. RESOLUTION NO. 2007-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM authorizing the Director of Public Works to execute all master agreements,
May 8, 2007 -Page 5
program supplemental agreements, fund exchange agreements and fund transfer
agreements and/or any amendments thereto with the California Department of
Transportation as necessary for Anaheim to receive federal and/or state funding for certain
transportation projects.
26. RESOLUTION NO. 2007-056 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM vacating a portion of Chris Lane pursuant to California Streets and
Highway Code Section 8330, Et Seq. -Summary Vacation. (Abandonment No. ABA2007-
00151).
27. RESOLUTION NO. 2007-057 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM vacating two public utility easements generally located at 1841 West
Lincoln Avenue pursuant to California Streets and Highway Code Section 8330, Et Seq.-
Summary Vacation. (Abandonment No. ABA2006-00145).
28. RESOLUTION NO. 2007-058 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM changing the name of Chris Lane to Market Street.
29. RESOLUTION NO. 2007-059 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the City Manager to submit a grant application on behalf of
the City of Anaheim to the U.S. Department of Housing and Urban Development for an
Economic Development Initiative-Special Purpose Grant to be used for the reconstruction
and lighting of the Magnolia High School athletic fields and, if awarded, authorizing the
acceptance of such grant on behalf of the City and amending the budget for the Fiscal Year
2007-2008 accordingly.
30. RESOLUTION NO. 2007-060 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Firefighters
Association, Local No. 2899 and the City of Anaheim.
31. RESOLUTION NO. 2007-061 A RESOLUTION OF THE CITY COUNCIL OF THE
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 2007 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 2007-08 accordingly.
32. ORDINANCE NO. 6057 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending Chapter 10.08 of Title 10 of the Anaheim
Municipal Code relating to domestic and industrial waste. (Continued from the meeting of
April 24, 2007, Item #21).
33. Approve the regular adjourned City Council meeting minutes of April 17, 2007.
END OF CONSENT CALENDAR:
15. Approve Amendment No. 1 to the Agreement with Jeff Katz Architecture for consultant
services to provide construction documents, construction observation, and U.S. Green
Building Council Leadership in Energy and Environmental Design Certification services for
May 8, 2007 -Page 6
Fire Station No. 12 project, and increase the Department of Public Works' expenditure
appropriation for FY 2006/2007 by $110,000.
Dave Morgan explained Item No. 15 was an amendment to an agreement with the architect for the
fire station proposed for the Platinum Triangle. On November 28, 2006, Council had approved this
agreement and also gave direction to staff to make sure projects were green to the extent that it
was feasible and he commented this was an amendment to achieve that goal. Marcie Edwards,
Utilities General Manager added that the architect would incorporate lead certification components
in the building, and provide a number of alternatives for energy recovery; water-saving devices and
possible use of solar film. She commented for the price of this amendment and given the fact the
building would be part of the City's portfolio for 50+ years, these enhancements would pay for
themselves two or three times over.
Council Member Sidhu moved to approve Item No. 15, seconded by Council Member Hernandez.
Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu.
Noes - 0. Motion Carried
17. Approve the donation of two retired 1986 Emergency-One Hush fire pumpers to Santa Ana
College and Mount San Antonio College, one each for their respective Fire Technology
training academy programs.
Council Member Kring was supportive of this program to offer no longer useful fire equipment to
colleges as training tools for firefighters and moved to approve Item No. 17, seconded by Council
Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried
20. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing
Agent to issue a purchase order in the amount of $117,482.56 to Linear Systems for the
expansion of the digital photographic, video, and audio evidence management system for
the Police Department.
Council Member Galloway asked for details on this purchase. Police Chief Welter responded the
Department was taking advantage of technology to move to a digital format for old evidence photos
in Polaroid or 35 mm format to allow sharing from one site to the other while maintaining
authenticity. He indicated that eventually the Department would be sharing information with the
courts, the District Attorney's office as well as other agencies while maintaining the chain of
custody on the evidence.
Council Member Galloway moved to approve Item No. 20, seconded by Council Member
Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez,
Kring and Sidhu. Noes - 0. Motion Carried
21. Approve the FY 2007-2008 Annual Action Plan for federal Community Development Block
Grant, HOME Investment Partnership, and Emergency Shelter Grant funds totaling
$7,465,558 to the Department of Housing and Urban Development and designate the
Executive Director of the Community Development Department as the certifying official
authorized to execute all documents related to the administration, management and
implementation of the CDBG, HOME & ESG Programs. (Continued from the meeting of
April 24, 2007, Item #14).
May 8, 2007 -Page 7
Elisa Stipkovich reported Item No. 21 was the annual budget and action plan to be submitted to
Housing of Urban Development for three different federal programs, the CDBG for $5,105,026,
HOME program for $2,124,359 and the ESG program for $236,173 for a total of $7,465,558. She
added the budget was reviewed by City staff, community groups and a citizen's advisory board
prior to Council's consideration this evening. She pointed out public service programs funded
through CDBG were listed on page 2 of the CDBG funding recommendations.
Council Member Galloway stated in 2006 CDBG agencies had an allocation of $400,000 and for
the coming year, $415,000 was proposed. She asked what the total amount of requests had been
and whether the agencies listed were all that had applied for funding. Ms. Stipkovich responded
$729,000 was the total amount requested and all the agencies listed were those which had
requested funding. Mayor Pringle pointed out that in addition to the $415,000 for non profits,
another $350,000 reflected City public service programs which brought the total to $765,000.
Council Member Galloway asked what criteria the citizen's advisory board used for funding
recommendations and who determined what that criteria would be. Terry Lowe, Director of
Community Services Department, responded the criteria involved children and seniors as a priority;
the agency must serve Anaheim residents and try to balance between new start-up organizations
and on-going services. He explained funding was year to year and reviewed on an annual basis
and the agencies were regularly visited and audited with each board member assigned a certain
number of organizations to act as a liaison to make sure funds were spent properly. A certified
audit, he further added, was required for anyone applying for funds unless they were a newly
established organization.
Council Member Kring pointed out the Rebuilding Together OC, a new agency to Anaheim, was
receiving $10,000 and the Boys and Girls Club with a known track record was being reduced by
$19,000 for the next fiscal year. Mr. Lowe responded this was the decision of the citizen advisory
board and he was not aware of the specifics of their decision. She asked if the Paint Your Heart
program would serve Anaheim residents only and was it the first time funds were requested. Mr.
Lowe replied the organization would serve only Anaheim residents and that at least 25 years ago
Paint Your Heart Out had received a subsidy but had been independent from the City since that
time.
Mayor Pringle remarked the advisory board had the responsibility to create guidelines, review
recipients of past grants to ensure they lived up to certain standards, and received requests for
funding evaluating each program and establishing funding amounts. He was aware of their hard
work and efforts to present an action plan for Council consideration but he would prefer to have
some input into the creation of those guidelines for community grants before the funding plan was
submitted and suggested a workshop to discuss the Community Services board guidelines. He
concurred with Council Member Galloway's idea of an allocation period being longer than one year
as there was greater value in building programs with longevity versus returning each year and
reapplying for grants, although he understood funding through the federal government was only
guaranteed for one year. Mayor Pringle also voiced his concern with adding four new
organizations and decreasing funds for an organization such as the Boys and Girls Club whose
track record was successful and who had been expanding their programs to provide more
services. He was less supportive of contributing funds to Paint Your Heart Out which had
transitioned successfully from receiving City funds early on to operating independently on their
own. He asked to have a discussion regarding Access California Services and the Anaheim Boys
and Girls Club to consider moving some of those funds back into those two categories as opposed
to reestablishing an obligation with new programs that may then become on-going obligations.
May 8, 2007 -Page 8
Council Member Hernandez concurred in that Council should have the ability to make adjustments
to the grant allocations rather than rubberstamp the recommendations offered by the Board. He
was supportive of moving funds back to Access California Services and the Boys and Girls Club.
Council Member Kring was also concerned about the loss of funds for the Boys and Girls Club and
about reintroducing funds to Paint Your Heart Out as they did wean themselves from City monies
and were proud of the fact they relied on no government resources. She also concurred with
scheduling a workshop early on to develop criteria and express Council's interests before these
community groups meet. She did not want to cut out funds totally for Acacia Adult Care as she
believed they provided good service to the community.
Since Paint Your Heart Out had been independent for some time, Mayor Pringle recommended
that their $25,000 be redistributed by reallocating $5,000 to Access Califomia Services and
$20,000 to the Boys and Girls Club.
Council Member Sidhu asked what the Paint Your Heart Out funding request had been; Ms.
Stipkovich remarked they had requested $50,000 to paint 50 additional homes in the Anaheim
community. He stated that although he would vote with the majority Council on any reallocation,
he indicated the granting of funds was a difficult decision and he did not want to see an agency's
future funding cut completely and suggested a compromise by allocating at least $5,000 to Paint
Your Heart Out. Council discussed their viewpoints and Council Member Kring moved to approve
Item No. 21 with a change in the CDBG allocations to not fund Paint Your Heart Out and add
$5,000 to Access California Services and $20,000 to Boys and Girls Club, seconded by Council
Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried
Mayor Pringle commented that the Thornton Brady storm drain issue was West Anaheim's main
priority and $250,000 of CDBG funds were being used for the design work for that storm drain and
the community would be appreciative of the fact the City was beginning those improvements.
22. Approve and authorize the Public Utilities General Manager to execute an agreement with
Richard Heath & Associates, Inc., to provide support and administration of the Commercial
Energy Audit and Incentive Programs for the Anaheim Public Utilities Department in an
amount not to exceed $300,000 annually with the option for two consecutive extensions of
up to one year each.
Marcie Edwards, Public Utilities General Manager, reported that in 1998, the Anaheim Public Utility
was mandated to offer a series of programs involving energy efficiency for commercial uses and
that the slate of programs had steadily expanded over the last number of years. She remarked
those programs were externally administered and encompassed a series of activities such as
energy audits, lighting incentives, exit signs and new construction design reviews. She expected a
new legislative mandate to require an after the fact validation process for customers who had
retrofitted their facilities. This process would validate the kilowatt hours and dollars saved and
would now be a part of those programs offered by the City. She added in order to insure best
pricing, the Department periodically went through an RFP process to evaluate vendors who
provided these services and this agreement would provide for an administrator of those services.
Council Member Galloway commented on the Department's cutting edge technology and proactive
viewpoint and moved to approve Item No. 22, seconded by Council Member Kring. Roll Call vote:
Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
Motion Carried
May 8, 2007 -Page 9
34. ORDINANCE NO. 6058 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Amendment No. 8 to the Anaheim Resort Specific Plan
No. 92-2, amending Zoning and Development Standards set forth in Chapter 18.116 of Title
18 of the Anaheim Municipal Code. (Introduced at the meeting of April 24, 2007, Item #24).
Council Member Hernandez moved to adopt Ordinance No. 6058, seconded by Council Member
Kring. Roll Call vote: Ayes - 3; Council Members: Galloway, Hernandez, and Kring. Noes - 2;
Mayor Pringle and Council Member Sidhu. Motion Carried (minutes reflect amendment at the
Council meeting of June 5, 2007, Roll Call vote: Ayes - 5; Mayor Pringle, Council Members:
Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried).
PUBLIC HEARINGS:
35. This is a public hearing to consider authorizing the condemnation of a portion of real
property located at 1680 and 1696 West Katella Avenue, and 1818 South Euclid Street for
the Katella Avenue Smart Street project.
RESOLUTION NO. 2007-062 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions
of property located at 1680 and 1696 West Katella Avenue and 1818 South Euclid Street
for the purposes of the Katella Avenue Smart Street-Ninth Street to Humor Drive Project.
(R/VV ACQ 2004-00204, 00206 and 00205).
Natalie Meeks, Public Works Department, indicated this item related to the acquisition of right of
way necessary for the construction of the Katella Avenue Smart Street -Ninth Street to Humor
Drive Project. The proposed project would improve Katella Avenue providing three through lanes
in each direction and intersection improvements at Euclid Street.
She reported the project has been environmentally cleared through Environmental Impact Report
No. 538, which was certified February 1993 through Orange County Transportation Authority
(OCTA} and a copy of the EIR would be made a part of the record of tonight's proceedings. In
2002, she explained, the City approved a supplemental environmental review for the project and
found that the environmental impacts of the project were fully and adequately addressed in the EIR
and no additional environmental review was necessary. Staff reanalyzed the EIR under present
conditions, and concluded again that EIR No. 538 adequately addressed the environmental
impacts of the project and a memorandum reflecting this review was provided to Council.
Ms. Meeks indicated staff acquired property from a number of parcels necessary for the project
and this parcel was the last of the right of way necessary for construction of the project. She noted
the acquisition has been delayed due to the complex nature of the acquisition as temporary
construction easements were needed since it would impact building structures. The acquisition
required modification of an existing structure occupied by a dental office, and additional temporary
construction easements were required for sign relocation, matching driveway grades, and
construction of adjacent public improvements.
She indicated staff had made an offer to the property owner and attempted to work with the
property owner and impacted tenant to negotiate a settlement to bring back to Council, but had
been unable to reach agreement with the property owner.
May 8, 2007 -Page 10
She ended her presentation stating staff recommended adoption of the Resolution of Necessity to
ensure the City obtained legal possession of the property in order to move forward with
construction, although staff would continue to work with the property owner and tenant to reach a
settlement and address all of their concerns.
She added the City had received a letter from the property owner's representative regarding the
proposed action and a written response to the issues raised was sent with a copy forwarded to
Council as well
Mayor Pringle opened the public hearing stating in conducting the hearing, testimony would be
taken from the owner of record or representative from each of the properties and testimony would
be limited to: 1) whether the public interest and necessity require the project; 2) whether the
project was planned and located in a manner best compatible with the greatest public good and
least private injury; 3) whether property sought to be required was necessary for the project; 4)
whether the offer acquired by Gov. Code Section 7267.2 had been made to the owner (s) of
record; 5} whether the city met all other prerequisites to the exercise of eminent domain in
connection with the property.
Anish Bank, attorney representing Euclid Shopping Center with the firm of Palmieri, Tyler, Wiener,
Wilhelm & Waldron, stated his clients objections were made in writing in a May 4th letter which he
requested be made a part of the administrative record. His clients objections were: 1) .the
condemnation offer was invalid per Government Code 7267 because the offer did not provide a
description of the temporary construction easements in relation to the building and there was no
ability for the property owner to analyze the pre-condemnation offer. 2) The offer was invalid
because no building modification plans were provided to the property owner at the time the offer
was made in order for the owner to understand the impact of the project during the construction
period or what would be left after construction. 3) Instead of a one foot temporary construction
easement surrounding the property, his client wanted to fence out the project from his property
otherwise the owner would be subject to the burden of monitoring the project to prevent contractors
from trespassing on his property. 4) He objected to the CEQA analysis as being inadequate and
the notice being improper. 5) Mr. Bank stated the pre-condemnation offer was invalid as the way
it was provided violated the appraisal reimbursement fee statute which violated the property
owners right to just compensation. Mr. Bank requested the resolution of necessity be denied and
that an adequate pre-condemnation offer be provided along with current to scale construction
plans of building modifications and that the City perform an accurate environmental assessment of
current conditions of the intersection.
With no other public comment received, Mayor Pringle closed the hearing.
Council Member Hernandez moved to approve a Resolution of the City of Anaheim determining
the public interest and necessity for acquisition of portions of property at 1680 and 1696 West
Katella Avenue and 1818 South Euclid Street for the purposes of the Katella Avenue Smart Street
- Ninth Street to Humor Drive Project, seconded by Council Member Galloway. Jack White, City
Attorney, added that all of the comments made by Anish Bank on behalf of the property owner had
been responded to in writing with a copy provided to Council and made a part of the record. Roll
Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu.
Noes - 0. Motion Carried
May 8, 2007 -Page 11
36. CEQA NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT N0.2007-00451
RECLASSIFICATION N0.2007-00194
TENTATIVE PARCEL MAP N0.2006-285
OWNER: Anaheim Redevelopment Agency, 201 S. Anaheim Boulevard, Anaheim, CA
92805
AGENT: Clean City, 128 W. Sycamore Street, Anaheim, CA 92805
LOCATION: 1128 West Lincoln Avenue and 1221 West Center Street: Area 1: This
0.68-acre area consists of multiple properties west of the southwest corner of Lincoln
Avenue and West Street, with a frontage of 255 feet on the south side of Lincoln Avenue
and a maximum depth of 151 feet (1128 West Lincoln Avenue and 1221 West Center
Street -Five Points). Area 2: This 0.5-acre area consists of multiple properties at the
southwest corner of Lincoln Avenue and West Street, with a frontage of 102 feet on the
south side of Lincoln Avenue and a maximum depth of 151 feet (1221 West Center Street
- Five Points). Area 3: This 0.95-acre area consists of multiple properties at the
southwest corner of Lincoln Avenue and West Street, with a frontage of 565 feet on the
south side of Lincoln Avenue and a maximum depth of 151 feet.
General Plan Amendment No. 2007-00451 -City-initiated request to amend the land use
element of the General Plan redesignating the property in Area 1 from the Low Density
Residential designation to the Mixed Use designation. (PC2007-27}
Reclassification No. 2007-00194 -City-initiated request for reclassification of the subject
property in Area 2 from the RS-2 (Single-Family Residential} zone to the C-G (MU)
(General Commercial, Mixed Use Overlay) zone, or a less intense zone. (PC2007-28)
Tentative Parcel Map No. 2006-285 - To consolidate seven parcels into one parcel for a
future residential/commercial mixed use subdivision for Area 3.
ACTION TAKEN BY THE PLANNING COMMISSION:
CEQA Negative Declaration -Approved - (5 yes votes) Commissioner Karaki and Romero
absent.
Recommended City Council approval of the General Plan Amendment No. 2007-00451 (5
yes votes) Commissioner Karaki and Romero absent. (PC2007-27)
Reclassification No. 2007-00194 -Granted, unconditionally- (5 yes votes) Commissioner
Karaki and Romero absent. (PC2007-28)
Tentative Parcel Map No. 2006-285 -Approved - (5 yes votes) Commissioner Karaki and
Romero absent.
MOTION: K/H CEQA Negative Declaration.
RESOLUTION NO. 2007-063 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving General Plan Amendment No. 2007-00451 to amend the
Land Use Element of the General Plan redesignating Area 1 as depicted on the attached
map from the Low Density Residential designation to the Mixed Use designation.
ORDINANCE NO. 6059 (INTRODUCTION) AN 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. 2007-00194).
Sheri Vander Dussen, Planning Director, reported this April the Planning Commission approved
the City-initiated request for a general plan amendment to permit a future residential commercial
mixed use project on this property. The site was developed with atwo-story 7,000 square foot
historically significant mixed-use building on Lincoln Avenue near the freeway and was currently
under renovation. Commercial units were proposed for the first floor and two residential units
were proposed on the second floor by a conditional use permit approved by the Planning
Commission in September, 2005. Ms. Vander Dussen explained this proposal would amend the
Land Use Element of the General Plan to redesignate Area 1 from low density residential to the
May 8, 2007 -Page 12
mixed use designation consistent with the existing mixed use designation to the east. She noted
this would allow for a comprehensive mixed use development with a combined area of
approximately one acre. In addition, Area 2 would be reclassified from single family residential
zone to general commercial mixed use overlay zone consistent with the requested general plan
amendment. In addition, the proposed request would allow expansion of the previously approved
mixed use project at the entry way to the City's historic district. She also pointed out the mixed
use project would incorporate two residentially zoned properties to accommodate a future parking
lot for ground floor commercial uses.
Ms. Vander Dussen ended her presentation commenting that this request would not affect the
renovation of the Five Points building presently underway and that staff recommended approval.
Mayor Pringle opened the public hearing.
Bill Taorimina, applicant, indicated he was here to answer any questions Council might have.
With no other public comments offered, Mayor Pringle closed the hearing.
Council Member Kring moved to approve the CEQA Negative Declaration, to approve
RESOLUTION NO. 2007-063 OF THE CITY OF ANAHEIM approving General Plan Amendment
No. 2007-00451 to amend the Land Use Element of the General Plan redesignating Area 1 as
depicted on the attached map from the Low Density Residential designation to the Mixed Use
designation and to introduce ORDINANCE N0.6059 OF THE CITY OF ANAHEIM amending the
Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to Zoning
(Reclassification No. 2007-00194), seconded by Council Member Hernandez. Roll Call vote:
Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
Motion Carried
Report on Closed Session Actions:
The City Attorney, Jack White, reported Council had unanimously authorized staff to negotiate an
exclusive negotiation agreement with Archstone-Smith & Hines for approximately 53 acres north of
Angel Stadium, 2000 Gene Autry Way. Council also unanimously authorized Kiesel, Boucher &
Larson LLP, and Baron & Budd PC to file litigation on behalf of the City to collect underpaid
transient occupancy taxes from on-line hotel booking companies, including but not limited to
Hotels.com, Travelocity, Orbitz and Expedia and authorized the Mayor to execute a contingency
fee and cost agreements with special counsel.
Council Communications:
Council Member Galloway had attended the Orange County Housing Summit presented by various
housing advocates which was well attended and represented by businesses, financiers, city
representatives, affordable housing builders and advocates. The keynote speaker, she noted,
talked of the essential need for a partnership between city government and businesses. Council
Member Galloway had earlier brought up the concept of establishing and Anaheim affordable
housing commission and requested it be agendized; Council concurred.
Council Member Kring stated it had come to her attention that there was no left turn out. of the
West Anaheim Police Center facilities indicating officers responding to problems would have to
travel north and make a U-turn at the light rather than make a left turn out of the facility. Mr.
May 8, 2007 -Page 13
Morgan responded staff would investigate and get back to Council on that concern. She also
requested an update on the progress of several other concerns, i.e., staffing an ICE agent in the
City jail, establishment of dog parks and graffiti abatement (she asked that the City be more
proactive in graffiti abatement). Council Member Kring also reported seeing a number of shopping
carts on streets and asked to readdress the shopping cart ordinance; it was her belief the
taxpayers should not pay for shopping cart containment, it should be done at the cost of the
retailer. Mayor Pringle asked staff to brief Council on the shopping containment plan recently
adopted, which retailer had a containment plan in place and whether the process was working.
Council Member Sidhu asked for a comprehensive report on that issue.
Council Member Sidhu indicated he was satisfied with Chief Welter's update on the number of ICE
related arrests. He commented on Building Safety Week and events which would be held to bring
awareness of building safety to the community and the success of the Cinco De Mayo celebration.
Mayor Pringle reported on meeting with rating agencies for refinancing of $230 million in bonds
and thanked the City Manager and finance team for reauthorizing the bonds and getting them back
out on the market with a better bond rating that would benefit the community. Mr. Morgan reported
the savings would equate to $2.2 million.
Adjournment: With the consent of Council, Mayor Pringle adjourned the May 8, 2007 at 7:00 P.M.;
next regular City Council meeting scheduled for May 15, 2007.
Respec ully submitted,
Linda Nguyen
City Clerk