2010/07/27ANAHEIM CITY COUNCIL REGULAR ADJOURNED
MEETING OF JULY 27, 2010
The regular City Council Session of July 27, 2010 was called to order at 3:00 P.M. and
adjourned to 4:00 P.M. for lack of a quorum. The July 27, 2010 regular adjourned Council
meeting was called to order at 4:06 P.M. in the Chambers of Anaheim City Hall located at 200
South Anaheim Boulevard. A copy of the agenda was posted on July 23, 2010 on the kiosk
outside City Hall.
PRESENT: Mayor Curt Pringle and Council Members: Lord Galloway, Bob Hernandez, Lucille
Kring and Harry Sidhu.
STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City Clerk Linda
Andal
WORKSHOP- LANDSCAPE WATER EFFICIENCY GUIDELINES:
Marcie Edwards, Public Utilities General Manager, reported the State of California required
agencies to adopt an ordinance and guidelines for more efficient landscape water usage and for
it to be at least as effective as the state model ordinance. If Anaheim had not adopted an
ordinance, she commented, the regulations would have automatically defaulted to the new state
model which was far more onerous to customers than the Landscape Water Efficiency
guidelines now before Council for approval. These guidelines, she explained, would provide
more detailed information on irrigation system design, plant selection and soil preparation to
help customers plan new landscaping that would comply with the ordinance. More importantly,
this method would allow staff the flexibility to make quick changes as irrigation technology
continued to develop and enhancements to guidelines made them less impactful to customers.
She added public agencies and private developers used landscape professionals and for that
reason, Anaheim's guidelines were very detailed. For residents, however, the Department
focused on minimizing the process. Through a hands -on demonstration skit, Ms. Edwards and
Rick Shintaku, Engineering Manager, showed how residents through a separate streamlined
method would be provided landscape design assistance, including plant selection and irrigation
system options. Resources to help applicants develop water — efficient landscapes, i.e. (plant
lists, water calculators, weather data, etc.) was also demonstrated. This application, she
remarked, was now available online in the Planning Department and would soon be available on
the internet for full public use. Changing out the various aspects of the landscape design via
water saving plants, trees and lawn options would provide the customer with information as to
how much water and corresponding dollars would be saved annually through the various
options available. She pointed out that in 2009 roughly 1,700 permits were processed and 29 of
the 1,700 would have required a permit for landscaping as their project was over 5,000 square
feet in outdoor space.
Council Member Kring asked if the department contacted large water users to encourage more
efficient landscaping. Ms. Edwards responded door hangers were used to advise customers
when the Department thought there could be an issue, as well as providing education tools and
a listing of available resources. She added that courtesy calls were sometimes made, as
customers might not be aware if a sprinkler or line was broken. She indicated these actions
were not done from an enforcement approach but via education and knowledge that
corresponding dollars could be saved annually with more efficient landscaping.
Council Meeting Minutes of July 27, 2010
Page 2 of 14
Ms. Edwards ended her presentation stating the Department hoped to have these types of
projects submitted directly online. She added that part of the reason for asking Council to
delegate the guidelines to the Water Department was as staff became more familiar and gained
experience, the guidelines could be amended accordingly.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
At 4:27 P.M., Mayor Pringle recessed to close session for the following items:
CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Priceline.com, Inc., et al. v. City of Anaheim, et al.,
Orange County Superior Court, Case No. 30- 2009 - 00244120 and related cases
2. PUBLIC EMPLOYEE
Title: City Clerk
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 5496.9 of the Government Code)
Name of Case: Qualified Patients v. City of Anaheim, et al., Orange County Superior
Court, Case No. 07CC09524; 4 District Court of Appeal, Case No. G040077
City Council session was reconvened at 5:00 P.M.
Invocation: Senior Pastor Dr. Wayne Palmer, Freedom Bible Church
Flag Salute: Council Member Hernandez
Presentations: Recognizing the Mito Student Delegation
Henry Soucy of the Anaheim Sister City Association remarked the Mito students were here for
two weeks visiting many areas in southern California and would return to Japan on August 7th
Mr. Wong, General Manager of the Mito City International Association, introduced each student
and expressed his thanks and appreciation for hosting them.
Acceptance of Other Recognitions (To be presented at a later date):
Recognizing the Anaheim Ballet 2010 International Dance Festival
Recognizing the International Dance Festival Ballet Dancers
Larry Rosenberg, Executive Director of Anaheim Ballet, thanked Council for recognizing the
International Dance Festival dedicated to bringing talented international dancers to share their
art on August 6 — 8, 2010.
At 5:55 P.M., the Anaheim Redevelopment Agency was called to order (in joint session with the
Anaheim City Council) for a joint public comment session.
ADDITIONS /DELETIONS TO THE AGENDAS: Regarding Item No. 28, the resolution was
revised to omit reference to Section 2.12 of the Municipal Code pertaining to the provision for
disestablishment.
Council Meeting Minutes of July 27, 2010
Page 3 of 14
PUBLIC COMMENTS (all items except public hearings):
James Robert Reade, resident, provided comments concerning the Anaheim Police
Department.
Alma Ramirez offered her opinion on criminal illegal immigrants.
Patrick Pepper, Budget Advisory Commissioner, spoke against consolidating the Budget
Advisory Commission and the Investment Commission siting scheduling conflicts.
William Fitzgerald addressed his comments to mayoral candidates and related matters.
Joan Honisberg, resident, requested Council reconsider the proposed increase to the permit
parking fees on Winston Road, stating they were too costly for the residents.
Chris Schaefer, Alzheimer's Association of Orange County, announced Memory Walk 2010, a
fundraiser for Alzheimer's research being held a various locations identified on their website,
www.alz.orq /oc She hoped people would support the fund raiser and sign onto a petition
encouraging congress to make Alzheimer's a national priority.
Charles Ahlers, spoke in support of Item No. 28 and stated the Anaheim /Orange County Vistitor
Convention Bureau (VCB) in partnership with the City was pursuing a new funding source in
the form of a Tourism Improvement District (TID) to provide for future destination marketing
efforts. He reported many Orange County cities as well as Anaheim's chief competitors had this
funding initiative in place. In order to expand marketing efforts, this program would help keep
Anaheim as a premier destination. He added representatives from the various hotels, who
would be assessed under this TID, were also here to show their support.
Harold Reposen, Hilton Hotels, stated the VCB needed to take the next step and expand
marketing effort and this partnership between the City and hotel owners would bring mutual
success to Anaheim's tourism industry.
Rosanne Gonzales, Anaheim Regional Medical Center, announced their Annual Heart Walk
fund - raiser being held on September 19 at the Irvine Great Park. She reported their goal was
to raise $25,000 to supplement their premier heart program.
Rudy Kraus, resident, announced he had drafted a 200 page reverse restraining order with
detailed evidence of his complaints.
Shanna Park, resident, expressed concerns over her neighborhood parking permit situation
stating residents were initially told their $10 parking permit was a lifetime permit. This was no
longer the case as the new permits would be significantly higher and asked for Council's
reconsideration on this matter. Mayor Pringle responded that at one time there were a number
of neighborhoods with parking impacts and the City established a program in which
neighborhoods could create parking areas. The problem was to find equity for all
neighborhoods as parking impacts in various areas of the City increased along with the
population and these neighborhoods wanted the same treatment. He added the City had now
established a program that treated all residents the same, a uniform program in which neighbors
vote to determine whether permit parking would be acceptable. He suggested Ms. Parks meet
with Natalie Meeks, Public Works Director, to discuss her concerns and to hear the City's point
of view. He stated the cost for permits was not a revenue maker but was established to recoup
the investment of resources.
Council Meeting Minutes of July 27, 2010
Page 4 of 14
Katie Maneeley, resident, followed up with her comments made last week on recommending a
ban on animal circuses within Anaheim due to cruel training practices. She stated the USDA
encouraged state and local government to enact stricter laws to protect animals and the public.
She named a few cities that had circus bans in place and urged Anaheim to prohibit them as
well.
Hal Hibbard, addressing public hearing item No. 36, was opposed to the zoning change which
would allow residences next to industrial commercial uses. He did not want to have problems
later on with neighbors objecting to his business which had been operating adjacent to this area
for some time.
Dick Ackerman, spoke about Ringling Bros. Circus and emphasized circuses had been
operated for over 140 years and were considered assets to any community. He added they
were one of the most heavily regulated industries in the nation, with federal, state and local
controls in place and many animal trainers in the industry had shared their knowledge with zoos
and other groups involved with animals.
Lisa Gin, Eli Home, announced their annual fundraiser, Midsummer Night would be held on
August 14 at the Anaheim Hilton. She explained the funds supported three shelter homes for
abused children and mothers and helped transition them into independent living.
David Chavez, resident, encouraged all to attend the Harvest Crusade at the Anaheim Stadium.
At 5:56 P.M., Council session was recessed to consider the Redevelopment Agency agenda
and reconvened again at 5:57 P.M.
CONSENT CALENDAR: Council Member Hernandez requested Item No's. 11 and 30 be
removed from the consent calendar for further discussion. Council Member Sidhu moved to
waive reading in full of all ordinances and resolutions and to adopt the balance of 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 Kring.
Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and
Sidhu. Noes — 0. Motion Carried
D117 3. Approve the Investment Portfolio Report for June 2010.
4. Determine, on the basis of the evidence submitted by Cathay Bank, that the property
owner has complied in good faith with the terms and conditions of Development
AGR -4704 Agreement No. 2006 -00003 for the 2010 -11 review period for the Orangewood
Condominiums in the Platinum Triangle.
5. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the
Purchasing Agent to issue a purchase order to G &W Electric Company, in an amount
not to exceed $400,000 (including freight and tax), for the purchase of up to twenty -five
gas insulated switches for the Public Utilities Department during a one year period.
6. Adopt a seven -year Capital Improvement Program to comply with Measure M funding
D175 requirements.
Council Meeting Minutes of July 27, 2010
Page 5 of 14
7. Award the contract to the lowest responsible bidder, Pima Corporation, dba Advanced
AGR -6329 Construction, in the amount of $3,898,250, for the Anaheim Coves Park project and
authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
8. Award the contract to the lowest responsible bidder, Republic ITS, Inc., in the amount of
AGR -6330 $202,767, for the Brookhurst Street Intelligent Transportation System Signal
Improvement project (Ball Road to Falmouth Avenue) and authorize the Finance Director
to execute the Escrow Agreement pertaining to contract retentions.
9. Approve a Right -of -Entry Agreement with Donna Fowler and Jerald Allen for property
AGR -6331 located at 2011 West Katella Avenue for the Katella Avenue Smart Street - Humor Drive
to Jean Street project.
10. Approve and authorize the City Manager to execute an agreement with TCM Group, in
the amount of $2,780,871, for construction management services for the Gene Autry
AGR -6332 Way (West) /1 -5 HOV Interchange and Highway Improvements, pending California
Department of Transportation pre -award audit results.
12. Approve the First Amendment to agreement with Carpi Clay & Smith to provide federal
advocacy services representing the City in Washington, D.C. and the First Amendment
AGR- 4729.1 to agreement with Sloat Higgins Jensen & Associates to provide state advocacy services
AGR- 2781.A.1 representing the City, each extending services for a two year term.
13. Approve and authorize the Public Utilities General Manager to execute the Second
Amendment to the Lease Agreement, and any other related documents, with Orange
AGR- 5780.2 County Water District for Water Well Nos. 27 and 28 at Anaheim Lake and to take
necessary actions to implement and administer the Lease Agreement as amended.
14. Remove Jonathan Dallas from the Budget Advisory Commission, in accordance with
8105 Section 1.04.396 of the Anaheim Municipal Code relating to excessive unexcused
absences.
15. RESOLUTION NO. 2010 -111 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM authorizing the destruction of certain City records more than
two years old (Public Utilities Department).
16. RESOLUTION NO. 2010 -112 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Public Utilities General Manager to establish
D182 implementation guidelines consistent with the City of Anaheim landscape water
efficiency ordinance.
17. RESOLUTION NO. 2010 -113 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Public Utilities General Manager following
R100 submission of the application on behalf of the City of Anaheim to the California
Department of Public Health for its Proposition 84 funding program grant, to accept such
grant funding award, to execute such agreements and documents as are necessary to
accept such grant funding on behalf of the City, and amending the budget for fiscal year
2010 -2011 accordingly.
Council Meeting Minutes of July 27, 2010
Page 6 of 14
18. RESOLUTION NO. 2010 -114 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing application for funds for the Transportation
R100 Enhancement (TE) Program under the 2005 Safe, Accountable, Flexible, Efficient,
Transportation Equity Act - Legacy for Users for the Santa Ana Canyon Multi -Use Trail
Project.
RESOLUTION NO. 2010 -115 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing application for funds for the Transportation
Enhancement (TE) Program under the 2005 Safe, Accountable, Flexible, Efficient,
Transportation Equity Act - Legacy for Users for Southern California Edison Right of
Way (Edison ROW) Bikeway Project.
Authorize the increase of Department of Public Works fiscal year 2010/11 revenue and
expenditure appropriation by the amount of the grant award plus the match, in the event
the Department is successful.
19. RESOLUTION NO. 2010 -116 A RESOLUTION OF THE CITY COUNCIL OF
T105 THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community
Facilities District No. 1989 -1 (Sycamore Canyon).
20. RESOLUTION NO. 2010 -117 A RESOLUTION OF THE CITY COUNCIL OF
T105 THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community
Facilities District No. 1989 -2 (The Highlands).
21. RESOLUTION NO. 2010 -118 A RESOLUTION OF THE CITY COUNCIL OF
T105 THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community
Facilities District No. 1989 -3 (The Summit).
22. RESOLUTION NO. 2010 -119 A RESOLUTION OF THE CITY COUNCIL OF
T105 THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community
Facilities District No. 06 -2 (Stadium Lofts).
23. RESOLUTION NO. 2010 -120 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM approving the application for grant funds for the Sustainable
Communities Planning Grant and Incentives Program under the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006
(Proposition 84).
If awarded, the Planning Department's fiscal year 2010/11 budget will be amended to
increase revenues and expenditure appropriations accordingly.
24. RESOLUTION NO. 2010 -121 A RESOLUTION OF THE CITY COUNCIL OF
AGR -6334 THE CITY OF ANAHEIM approving an agreement with the State of California
Environmental Protection Agency accepting a grant of funds from the Certified Unified
Program Agencies Electronic Reporting Surcharge Fund and authorizing the Fire Chief
or his designee to sign the agreement and any or all other documents relating to receipt
and administration of such grant funds and amending the budget for fiscal year 2010-
2011 accordingly.
Council Meeting Minutes of July 27, 2010
Page 7 of 14
25. RESOLUTION NO. 2010 -122 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a
R100 grant application on behalf of the City of Anaheim, with the State of California, Office of
Traffic Safety (OTS), authorizing the Chief to execute all required grant documents, and
if awarded, authorizing the acceptance of such grant on behalf of the City and amending
the budget for fiscal year 2010/11 accordingly (Selective Traffic Enforcement Grant
Program).
26. RESOLUTION NO. 2010 -123 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, with the State of California, Office of
R100 Traffic Safety (OTS), authorizing the Chief to execute all required grant documents, and
if awarded, authorizing the acceptance of such grant on behalf of the City and amending
the budget for fiscal year 2010/11 accordingly (DUI Campaign Grant Program).
27. RESOLUTION NO. 2010 -124 A RESOLUTION OF THE CITY COUNCIL OF
E127 THE CITY OF ANAHEIM calling a special election of the qualifying electors residing
within the Broadway/Thistle Annexation Territory pursuant to Section 57000(e) of the
Government Code of the State of California to determine whether to confirm the Orange
County Local Agency Formation Commission order of annexation to the City of Anaheim
of the Broadway/Thistle Island Annexation subject to the terms and conditions specified
in such order and setting priorities for filing primary and rebuttal written arguments to be
submitted to the electors and directing the City Attorney to prepare an impartial analysis.
28. RESOLUTION NO. 2010 -125 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM declaring its intention to establish the Anaheim Tourism
T108 Improvement District; to levy multi -year assessments on hotel businesses in the district;
to prepare a management plan, to establish one or more advisory boards and ordering
and setting a time and place for a public hearing pursuant to City Ordinance No. 6174
(Public meeting regarding the proposed assessment is scheduled for August 31, 2010
and the public hearing to establish the Anaheim Tourism Improvement District with a
Resolution of Formation is scheduled for September 14, 2010).
29. ORDINANCE NO. 6174 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Title 2 of the Anaheim Municipal Code by adding a new Chapter
M 100 2.14, Sections 2.14.010 et seq., relating to the establishment of tourism improvement
districts (Introduced at Council meeting of July 20, 2010, Item No. 24).
30. ORDINANCE NO 6176 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM repealing Sections 1.04.960, 1.04.970, 1.04.980 and 1.04.990 of Chapter
B105 1.04 of Title 1 relating to the Senior Citizen Commission and amending Section
13.04.010 and Section 13.04.030 of Chapter 13.04 of Title 13 of the Anaheim Municipal
Code relating to the membership and duties of the Parks and Recreation Commission.
31. ORDINANCE NO 6177 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M100 ANAHEIM repealing Section 7.24.030 of Chapter 7.24 of Title 7 of the Anaheim
Municipal Code relating to putting handbills in or upon vehicles.
32. Approve minutes of the Council meeting of July 20, 2010.
Council Meeting Minutes of July 27, 2010
Page 8 of 14
END OF CONSENT CALENDAR:
11. Approve an agreement with Rancho Santiago Community College District for fire service
AGR -6333 training provided by Anaheim Fire Department personnel.
Deputy Fire Bob Logue reported Item 11 related to an update of the annual contract the Fire
Department had with the Rancho Santiago Community College District. He explained Anaheim
firefighters provided training in various subjects including emergency medicine, wellness and
incident command. Qualified instructors from the college district and Anaheim Fire Department
served as instructors for these courses and because Anaheim employees enrolled with the
district for various classes, the Fire Department was eligible for reimbursement as part of the
average daily attendance program. He indicated this item was a renewal of a contract that had
been in place for over a decade and would revise the term to five years and increase the dollar
amount received per student to $3.50 per hour with those funds then earmarked for fire training
activities that otherwise would be a general fund burden.
Council Member Hernandez highlighted this effort to help offset general fund dollars and moved
to approve Item No. 11, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: Mayor
Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion
Carried.
30. ORDINANCE NO 6175 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM repealing Section 1.04.995 of Chapter 1.04 of Title 1 relating to the
8105 Investment Advisory Commission and Section 1.04.997 of Chapter 1.04 of Title 1
relating to the Budget Advisory Commission and adding a new Section 1.04.996 of
Chapter 1.04 of Title 1 of the Anaheim Municipal Code relating to the establishment of
the Budget, Investment and Technology Commission.
Cristina Talley, City Attorney, stated that at Council's direction staff worked with City Clerk's
office to reduce the number of City boards and commissions while maintaining the insight and
contributions each commission provided to Council and staff. For the Budget and Investment
Advisory Commissions, Council requested an ordinance be drafted to consolidate the two
commissions and added a technology component to the scope of responsibilities. The key
provisions of this proposed ordinance was to dissolve both the Budget Advisory and Investment
Commission and create a new Budget, Investment and Technology Commission (BIT). She
explained the initial membership would be eleven members through June 30, 2011 and included
the current members of the Budget and Investment Commissions who wished to be appointed.
After June 30, 2011, the BIT Commission would be reduced to nine members and assuming
each Commission member desired to become a member of the BIT Commission, Council would
be able to appoint five new members on the effective date of the ordinance. She noted that for
purposes of complying with term limits, the terms of the transferred members would be treated
as a term on the BIT Commission.
Council Member Hernandez remarked that earlier the Chairman of the Budget Advisory
Commission offered comments on his reservations in merging the two committees. He
indicated he gave considerable weight to Mr. Pepper's comments but had also met with staff
and discussed the gravity and implications of this change and had decided this was the best
way to proceed. Mayor Pringle concurred, remarking appointments could be selected from
individuals who had a broad spectrum of interest for this new commission. Council Member
Hernandez moved to approve Item No. 30, seconded by Council Member Galloway. Roll Call
Council Meeting Minutes of July 27, 2010
Page 9 of 14
Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu.
Noes — 0. Ordinance Introduced.
34. Consider an appointment to complete the unexpired term on the Cultural and Heritage
Commission, term to expire June 30, 2013 (John Santoianni).
B105
APPOINTMENT: Erin Benedict
Council Member Kring nominated Erin Benedict to the Cultural and Heritage Commission and
Council Member Galloway nominated Andrea Manes. Straw vote for Erin Benedict reflected
Ayes — 3: Mayor Pringle and Council Member Hernandez and Kring. Noes — 0. Abstention — 2:
Council Members Galloway and Sidhu. Straw vote for Erin Manes reflected Ayes — 2: Council
Members Galloway and Sidhu, Noes — 0. Abstention — 3: Mayor Pringle and Council Members
Hernandez and Kring. Ms. Erin Benedict was appointed.
PUBLIC HEARINGS:
35. CEQA NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT NO. 2010-00478
C410 RECLASSIFICATION NO. 2010-00236
CONDITIONAL USE PERMIT NO. 2010-05483
TENTATIVE TRACT MAP NO. 17351 (DEV 2010 - 00026)
OWNER: Anaheim Redevelopment Agency, 201 S. Anaheim Blvd.,
Anaheim CA 92805
APPLICANT: Cheryl Casanova, Brookfield Homes, 3090 Bristol Street,
Suite 200, Costa Mesa, CA 92626
LOCATION: 407 -425 South Anaheim Boulevard
The applicant proposes to amend the Land Use Element of the General Plan to
redesignate the property from the Mixed Use to the Medium Density Residential land
use designation; reclassify the property from the I (SABC) to the RM -4 (SABC) zone;
construct a 52 unit affordable condominium project with a deviation in zoning
development standards and a density bonus; and establish a 6 -lot, 52 unit attached
condominium subdivision.
Environmental Determination: A Negative Declaration has been prepared to
evaluate the potential environmental impacts of this project in accordance with the
provisions of the California Environmental Quality Act (CEQA).
ACTION TAKEN BY THE PLANNING COMMISSION:
Vote: 7 -0 Chairman Romero and Commissioners Agarwal, Ament, Buffa, Faessel,
Karaki and Ramirez voted yes.
Approved General Plan Amendment No. 2010 -00478 (Resolution No. 2010 -033)
Approved Reclassification No. 2010 -00236 (Resolution No. 2010 -034
Approved Conditional Use Permit No. 2010 -05483 (Resolution No. 2010 -035)
Approved Tentative Tract Map No. 17351 (DEV2010- 00026) (Resolution No. 2010 -036)
MOTION: K/G Determine that a Negative Declaration is the appropriate
environmental determination for this request per CEQA
RESOLUTION NO. 2010 -126 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving General Plan Amendment No. 2010 -00478
pertaining to the land use element (DEV2010- 00026).
Council Meeting Minutes of July 27, 2010
Page 10 of 14
RESOLUTION NO. 2010 -127 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Reclassification No. 2010 -00236 (DEV2010-
00026).
ORDINANCE NO. 6178 (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. 2010- 00236)(DEV2010- 00026).
RESOLUTION NO. 2010 -128 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Conditional Use Permit No. 2010 -05483
(DEV2010- 00026).
RESOLUTION NO. 2010 -129 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Tentative Tract Map No. 17351 (DEV2010- 00026).
CJ Amstrup, Planning Services Manager, reported the applicant, Brookfield Homes, proposed
to change the general plan and zoning designation for a two acre site located at 407 - 425
South Anaheim Boulevard. Brookfield Homes also requested a conditional use permit and
tentative tract map to construct a 52 unit condominium development which would be built
across the street from the Packing House. This would be, he added, an integral part of the
revitalization of this portion of Anaheim Boulevard. The land use change from mixed use to
medium density residential would be consistent with the goals and objectives of the Land Use
and Housing Elements of the General Plan that encouraged new housing on underutilized infill
sites within the downtown area and would be compatible with adjacent general plan
designations. He explained the applicant was also proposing to change the zoning of the
property from industrial zone to multiple family residential zone, also consistent with the
proposed general plan designation remarking it would complement existing and proposed
development in the downtown area, along with the goals of the redevelopment project area and
on -going city programs identified in the Housing Element.
A portion of the 52 unit condominium, he remarked, would be comprised of two three -story auto
courtyard buildings, four three -story townhome buildings, garage access from a private
driveway and front door access from landscaped patios. Because 10 percent of the units
would be affordable to low income families, he explained the project qualified to use state
development standards for parking and per those standards, 96 parking spaces would be
provided on the property. He indicated Brookfield requested modifications to lot coverage,
minimum front and interior setbacks and building -to- building setback distances, stating staff
recommended approval of these modifications as the amount of recreation and open space
provided on the property significantly exceeded code requirements. He added the buildings
would be developed to high architectural standards and included decorative front porches, a
mix of building colors and materials and an eight foot high block wall and trees which provided
a buffer from the adjacent industrial site.
Ending his presentation, he indicated staff recommended approval of this proposal as it met
City goals and policies and would provide a quality living environment compatible with
surrounding land uses.
Mayor Pringle opened the public hearing for comments.
John O'Brien, Brookfield Homes, remarked this project was a great opportunity to work
together to create the City's vision of the downtown and he was enthusiastic about the Packing
House Rehabilitation as it would serve as a part of the amenities for these new homes. After
Council Meeting Minutes of July 27, 2010
Page 11 of 14
making it through this economic downturn, he stated Brookfield Homes was glad to be at this
point and look forward to groundbreaking by the end of this year.
With no other comments offered, the hearing was closed.
Council Member Kring moved to determine that a Negative Declaration was the appropriate
environmental determination for this request per CEQA and to approve RESOLUTION NO.
2010 -126 OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2010 -00478
pertaining to the land use element (DEV2010- 00026); and to approve RESOLUTION NO.
2010 -127 OF THE CITY OF ANAHEIM approving Reclassification No. 2010 -00236 (DEV2010-
00026); and to introduce ORDINANCE NO. 6178 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. 2010- 00236)(DEV2010- 00026); and to approve
RESOLUTION NO. 2010 -128 OF THE CITY OF ANAHEIM approving Conditional Use Permit
No. 2010 -05483 (DEV2010- 00026); and to approve RESOLUTION NO. 2010 -129 OF THE
CITY OF ANAHEIM approving Tentative Tract Map No. 17351 (DEV2010- 00026); seconded by
Council Member Galloway. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members:
Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried.
36. CEQA NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT NO. 2010 -00479
C410 RECLASSIFICATION NO. 2010-00237
CONDITIONAL USE PERMIT NO. 2010-05484
TENTATIVE TRACT MAP NO. 17350 (DEV 2010 - 00027)
OWNER: Anaheim Redevelopment Agency, 201 S. Anaheim Blvd.,
Anaheim CA 92805
APPLICANT: Cheryl Casanova, Brookfield Homes, 3090 Bristol Street,
Suite 200, Costa Mesa, CA 92626
LOCATION: 518 -538 South Anaheim Boulevard
The applicant proposes to amend the Land Use Element of the General Plan to
redesignate the property from the Low Medium Density Residential to the Medium
Density Residential land use designation; reclassify the property from the I (SABC) to
the RM -4 (SABC) zone; construct a 36 unit affordable condominium project with a
deviation in zoning development standards and a density bonus; and establish a 2 -lot,
36 unit attached condominium subdivision.
Environmental Determination: A Negative Declaration has been prepared to
evaluate the potential environmental impacts of this project in accordance with the
provisions of the California Environmental Quality Act (CEQA).
ACTION TAKEN BY THE PLANNING COMMISSION:
Vote: 7 -0 Chairman Romero and Commissioners Agarwal, Ament, Buffa, Faessel,
Karaki and Ramirez voted yes.
Approved General Plan Amendment No. 2010 -00479 (Resolution No. 2010 -037)
Approved Reclassification No. 2010 -00237 (Resolution No. 2010 -038)
Approved Conditional Use Permit No. 2010 -05484 (Resolution No. 2010 -039)
Approved Tentative Tract Map No. 17350 (DEV2010- 00027) (Resolution No. 2010 -040)
MOTION: H/G Determine that a Negative Declaration is the appropriate
environmental determination for this request per CEQA
RESOLUTION NO. 2010 -130 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving General Plan Amendment No. 2010 -00479
pertaining to the land use element (DEV2010- 00027).
Council Meeting Minutes of July 27, 2010
Page 12 of 14
RESOLUTION NO. 2010 -131 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Reclassification No. 2010 -00237 (DEV2010-
00027).
ORDINANCE NO. 6179 (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. 2010- 00237)(DEV2010- 00027).
RESOLUTION NO. 2010 -132 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Conditional Use Permit No. 2010 -05484
(DEV2010- 00027).
RESOLUTION NO. 2010 -133 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Tentative Tract Map No. 17350 (DEV2010- 00027).
CJ Amstrup, Planning Services Manager, remarked for this project, Brookfield Homes
proposed to change the general plan and zoning designations for this one acre parcel at 518-
538 South Anaheim Boulevard. Brookfield also requested approval of a conditional use permit
and tentative tract map to construct a 36 unit condominium project, located one block south of
the Anaheim Packing House and as with the previous project, Mr. Amstrup remarked it would
be an important part of the revitalization of this part of Anaheim Boulevard. This request to
redesignate property from low medium density to medium density resident, he stated, was
consistent with adjacent uses as well as other housing projects proposed along Anaheim
Boulevard. In addition, the requested amendment would be consistent with goals in the Land
Use and Housing Element of the General Plan and encouraged new housing on underutilized
infill sites within the downtown area.
Mr. Amstrup noted Brookfield Homes was also proposing to change the zoning from industrial
to RM4 multi - family which was consistent with the proposed general plan designation and
would accommodate the 36 unit condominium project. The rezoning would also complement
and support existing and proposed development of the downtown area, the goals of the
redevelopment project area and on -going programs identified in Housing Element. It would
include two courtyard buildings with similar layout and architecture to that of the previous
project and would also qualify to use state development standards for parking, therefore 64
parking spaces would be provided on site. Mr. Amstrup remarked that condominiums were
permitted in RM4 zone subject to approval of a conditional use permit and as with the previous
project, the applicant was requesting modifications to lot coverage and setbacks.
He noted staff recommended approval of this project and the requested conditional use permit
and tentative tract map.
Mayor Pringle opened the public hearing and receiving no comments, closed the hearing.
Council Member Hernandez moved to determine that a Negative Declaration was the
appropriate environmental determination for this request per CEQA and to approve
RESOLUTION NO. 2010 -130 OF THE CITY OF ANAHEIM approving General Plan
Amendment No. 2010 -00479 pertaining to the land use element (DEV2010- 00027); and to
approve RESOLUTION NO. 2010 -131 OF THE CITY OF ANAHEIM approving Reclassification
No. 2010 -00237 (DEV2010- 00027); and to introduce ORDINANCE NO. 6179 OF THE CITY
OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code
relating to zoning (Reclassification No. 2010- 00237)(DEV2010- 00027); and to approve
RESOLUTION NO. 2010 -132 OF THE CITY OF ANAHEIM approving Conditional Use Permit
Council Meeting Minutes of July 27, 2010
Page 13 of 14
No. 2010 -05484 (DEV2010- 00027); and to approve RESOLUTION NO. 2010 -133 OF THE
CITY OF ANAHEIM approving Tentative Tract Map No. 17350 (DEV2010- 00027); seconded by
Council Member Galloway. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members:
Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
37. This is continued budget public hearing to consider a resolution revising fees for services
rendered by the Anaheim Fire Department for fiscal year 2010/11.
D106
RESOLUTION NO. 2010 -134 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM revising fees for services rendered by the Anaheim Fire
Department and establishing the effective date of fees (continued from Council meeting
of July 20, 2010, Item No. 28).
Deputy Chief Scott Berg stated that during the budget hearing, Council had requested an
explanation on what appeared to be a large increase in permit fees for large events as well as a
comparison of what other convention centers charged for related fire department services and
that information had been submitted to Council for their review.
Mayor Pringle opened the public hearing and receiving no comments, closed the hearing.
Council Member Galloway moved to approve RESOLUTION NO. 2010 -134 OF THE CITY OF
ANAHEIM revising fees for services rendered by the Anaheim Fire Department and establishing
the effective date of fees, seconded by Council Member Hernandez. Roll Call Vote: Ayes — 4:
Mayor Pringle and Council Members: Galloway, Hernandez, and Kring. Noes — 1: Council
Member Sidhu. Motion Carried.
Report on Closed Session Actions: None
Council Communications:
Council Member Hernandez encouraged the community to attend the Heart Walk kick -off to be
held on August 11th at the Anaheim Regional Medical Center and welcomed the students and
delegation from Anaheim's Sister City, Mito, Japan.
Council Member Galloway recognized employee Ana Sporn, with the Community Services
Department.
Council Member Kring announced the Police Department's 27 Annual National Night Out to be
held on August 3` at Eucalyptus Park would offer a number of exhibits and displays for the
community to enjoy. She noted the UC Irvine Healthcare blood drive was scheduled at Angel
Stadium on August 10 13 24 and September 7 th and 22 and participants would receive
two Angel tickets for their donation. She also announced the American Cancer Society was
hosting a Relay For Life on August 7 th to raise money for research. Council Member Kring
added that she had attended the American Public Powers Association meeting in Washington,
D.C. on behalf of the City attending informative meetings related to municipal energy.
Council Member Sidhu announced the 4 th Annual Free Health Fair would be held at the
Brookhurst Community Center on August 7 th where medical and surgical specialists from many
fields would be available for free consultation. He detailed the various services being provided
and encouraged the community to participate. He also noted that the YMCA's 2010 Charity
Golf Tournament was scheduled for August 2 nd at Monarch Beach.
Council Meeting Minutes of July 27, 2010
Page 14 of 14
Due to audio problems which occurred during last week's meeting, Mayor Pringle reiterated
some of his comments. He again expressed his condolences to the family of Staff Sgt. Marc
Arizmendez who lost his life in Afghanistan on July 26 and reported that the city would honor
him with a military banner to be presented on city streets through the City's Military Banner
program. This program honored fallen heroes as well as those serving in the armed forces. He
thanked and commended city staff, Angels Baseball Foundation, Major League Baseball and
the Anaheim Convention and Visitors Bureau for their partnerships resulting in the success of
the All Star Game and Fanfest event. Mayor Pringle remarked that with the departure of the
aerospace industry from Anaheim, he had been encouraging the Boeing Corporation to
establish a commemorative monument to the men and women who worked in the defense and
aerospace program over the years. He announced that on August 3 the Boeing Monument
Dedication would be unveiled at the end of the Boeing Campus to pay tribute to those men and
women who worked in the defense industry, aerospace and commercial electronics for so many
decades.
Adjournment: At 6:48 P.M., Mayor Pringle adjourned the July 27, 2010 Council meeting.
Resp ctf Ily submitte ,
Li da N. Andal, CMC
City Clerk