2007/09/25ANAHEIM CITY COUNCIL
REGULAR ADJOURNED MEETING OF
SEPTEMBER 25, 2007
The regular meeting of September 25, 2007 was called to order by Mayor Pringle at 3:10 P.M. at
the Gordon Hoyt Conference Room; 201 S. Anaheim Boulevard, 2"d Floor for a workshop session
on CDBG Non-Profit Funding.
A copy of the agenda for the Anaheim City Council meeting was posted on September 21, 2007 on
the kiosk outside City Hall.
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
WORKSHOP -CDBG NON-PROFIT FUNDING:
Mayor Pringle explained the location of the workshop was to allow for a forum where Council and
the Community Services Board could openly communicate any concerns, issues or priorities
relating to the Community Development Block Grant (CDBG) funding and criteria process.
Terry Lowe, Community Services Director, introduced the Community Services Board: Natalie
Rubalcava, Chair; Robert Currie, Vice Chair and Board Members, Micahel Milliman, Jack Holmes,
Patricia Pina, Ashley Aitken, Julia Wright, and Consuelo Pambid-Stout; Anca Trifa was absent. He
explained that the Board's duties included their responsibility to develop a recommendation to the
Community Development Advisory Council (CDAC) and return to the Council regarding the annual
allocation of CDBG funds for the city's non-profit agencies.
Mr. Lowe provided that the CDBG guidelines allowed up to 15% of the total amount of the grant to
be spent on public services and that funds must be used to serve low income residents and/or
neighborhoods, services may be provided by the city or provided by other agencies, citizen
participation process and funding request process must be opened to all applicants and the City
may set priorities and establish specific requirements. Mr. Lowe explained the Board's four
funding priority areas: 1) Programs that serve children and at-risk youth, 2) senior citizens, frail
and disabled, 3) low-income or disenfranchised families and 4) programs serving immigrants and
refugees adding that consideration was given to agencies providing preventive services versus
treatment services.
Mr. Lowe described the application process included a 20 page application as well as an
independent audit, completed in the previous 12 month period. Mr. Lowe responded to Mayor
Pringle that the minimum threshold used for grant sizes was $10,000 and stated that smaller
grants would be awarded for new agencies requesting funding to establish relationships, while
increasing some awards to sustain certain services and denying funding based on non-
performance.
September 25, 2007 -Page 2
Chairwoman Natalie Rubalcava offered the elements considered for funding: application, need,
presentation, services, and the agency's other sources of funding. She explained that the
application was specific and detailed. Council Member Galloway asked if the Board had
knowledge of the funding amount prior to allocation and how allocations were determined.
Chairwoman Rubalcava responded that previous year's block grant was used as an estimate for
current year funding. It was added that recommendations to allocate funding was not made until
presentations were received by agencies and applications were reviewed- by members of a sub-
committee, appointed by the Board.
Discussion of the application content and process were discussed in detail with respects to
services provided versus overhead, other funding sources, partnerships, like services, value to the
Anaheim community, objectives, goals and measurables. The Board further shared that
applications were reviewed on a case-by-case basis. At Mayor Pringle's request, Mr. Lowe will
forward a copy of the application to Council.
Council Member Sidhu confirmed that applicants were 501(c)(3) and asked if financial statements
were reviewed by the Board. Vice Chair Currie explained that it was a HUD requirement that all
applications be accompanied by a financial statement prepared by a CPA, with the exception of
new entities who have not gone through a fiscal year. Council Member Sidhu commented that he
commended organizations with outreach services. He asked how the board determined allocation
based on existing organizations providing greater services year after year, with an increased
budget compared to a new start-up agency only requesting $5,000. Vice Chair Currie responded
that their goal was to look for ways organizations could offset funds to allow the board to allocate
funds to start-up organizations and asked Council if they would consider capping-off funds to a
maximum of 20% of the available funding, per any one organization. In response, Mayor Pringle
highlighted the $415,000 CDBG grant received and how it was allocated. He shared figures
organizations received from general fund money, rent subsidies and CDBG funding and asked Mr.
Lowe to provide Council with the information. He further highlighted Paint Your Heart Out and the
Boys and Girls Club explaining that he agreed with current priorities of the four needs groups and
also held youth programs first and wouldn't be interested in taking money out of youth budget
because he believed social programs to be critical and a solid backbone in the city. He further
stated that unless an alternative source of funding was found, he would be concerned with
dropping certain social programs to 20%. In comparison, he believed that programs such as Paint
Your Heart Out are good programs, but could be helped to expand and grow in aself-sustaining
way without reliance on the city and stated that they were in independence status for a while.
Council Member Kring asked how the board balanced organizations who felt a sense of
entitlement. Board Member Holmes responded that the idea behind the 20% threshold was to
provide new start-up money to avoid the entitlement perception, whether it existed or not. He
further stated that the Board was not aware of general fund money given to organizations and
questioned whether it should be taken into consideration. Mayor Pringle responded that the
bottom line and internal challenge of this discussion was to determine to what extent money should
be taken from good organizations providing good services and given to a potential organization
that may be one of those good organizations one day.
Council Member Galloway stated that she did not know that organizations received general fund
money and therefore believed it to be important to discuss a criterion as to who received CDBG
money and general fund money.
Council Member Sidhu asked the Board to provide Council with an entire separate package,
including application, comments, CDAC recommendations etc. to allow Council to review prior to
September 25, 2007 -Page 3
making their decisions. He stated that he would not be in favor of the 20% threshold because he
believed it should be determined on the level of service, satisfaction and performance.
At 4:10 P.M., Council adjourned the workshop held at the Gordon Hoyt Conference Room to
reconvene at City Council Chambers, 200 South Anaheim Boulevard at 4:18 P.M. and moved to
closed session for the following items:
ADDITIONS/DELETIONS TO CLOSED SESSION: NONE
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: NONE
CLOSED SESSION:
LOCATION: City Council Chambers, 200 S. Anaheim Boulevard, 1St Floor (CHE)
1. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
(Subdivision (c) of Section 54956.9 of the Government Code)
Number of potential cases: two.
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 and 070001293
Council returned from closed session at 5:30 P.M.
Invocation: Jennifer Garcia, Agape House of Prayer
Flag Salute: Council Member Kring
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming October 2007 as Lupus Awareness Month
At 5:34 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and Housing
Authority (in joint session with the Anaheim City Council).
ADDITIONS/DELETIONS TO THE AGENDA: The owner for Item No. 35 requested continuation
of the hearing to October 9, 2007.
PUBLIC COMMENTS (all items except public hearing):
Terry Snomis, resident, urged Council to enact a stronger and more effective dog barking
ordinance than current law which would encourage dog owners to train and control their pets to
keep them from disturbing their neighbors.
David Boyd, Costa Mesa, complained of the lack of wheelchair accessible seating for Angel's
Baseball playoffs and pointed out Angel Stadium did not meet federal guidelines of 900 accessible
seats available for a stadium of that size and requested Council's assistance. City Manager David
Morgan indicated stadium operation was solely controlled by Angel's Baseball, however, he stated
staff would look into ADA requirements and make Angel's operation aware that this issue was
brought to the City's attention during public comments.
September 25, 2007 -Page 4
Allen Baldwin, Orange County Community Housing Corporation, lent his support to the Anaheim
Voter Empowerment Initiative believing it should be on the same ballot as the SOAR initiative.
Marian Decker, resident, spoke against the Disney Corporation.
Bob Ball, resident, expressed dissatisfaction over the current barking dog process, remarking that
he had finally given up trying to resolve his problem.
Art Lang, resident, supported adoption of the new barking dog procedure remarking on the
inefficiency of current procedures.
Joe Malaso, resident, supported the barking dog ordinance and related a specific problem he faced
when a neighbor left two dogs that barked incessantly in a vacant house. He felt the new
ordinance was a fair and compassionate way to address this concern.
Martin Lopez, resident, supported the Anaheim Voter Empowerment Initiative.
Carol Reingold, resident, supported the Anaheim Voter Empowerment Initiative and urged placing
it on the ballot along with the SOAR Initiative.
Eric Altman, OCCORD, was not a proponent of taking decisions away from City Council, but felt to
be fair, the Voter Empowerment Initiative should be placed on the ballot along with the SOAR
Initiative.
Jose Perez, Dale McIntosh Center for Disabled, urged the Voter Empowerment Initiative be placed
on the ballot along with the SOAR Initiative.
Stan Polowski, resident, believed putting the Voter Empowerment Initiative on the ballot constituted
harassment and a political attack on the Disney Corporation and urged Council to not take that
action.
Steve Goodyear expressed concern that Council would vote to put the Voter Empowerment
Initiative on the ballot when it required the SOAR coalition to gather thousands of signatures to do
the same thing. He felt this action was circumventing the initiative and referendum process.
Jamila Sucree, resident, urged the Voter Empowerment Initiative be placed on the same ballot as
the SOAR Initiative.
Diane Singer, president of committee to protect and defend Anaheim, stated tapes of residents
unable to attend this hearing had been made and requested it be played for Council's information.
Mayor Pringle indicated rules for public comment did not allow recorded testimony during oral
communication but indicated the tapes could be provided to Council. Council Member Hernandez
questioned whether it was possible to hear the audio tapes and Mr. White, City Attorney, indicated
the rules provide that audio visual equipment could not be used under public comment. Ms. Singer
read the names of the individuals who had taped their comments.
Council Member Galloway asked if Ms. Singer would provide the tapes to the City Clerk and they
could then be made available to council members,
At 6:13 P.M., Mayor Pringle temporarily adjourned the Council and Housing Authority to consider
the Redevelopment Agency agenda, reconvening the Council meeting at 6:23 P.M.
September 25, 2007 -Page 5
CONSENT CALENDAR: Mayor Pringle removed Item No. 23 for further discussion and Council
Member Hernandez removed Item No. 18. Council Member Sidhu moved to waive reading in full
of all ordinances and resolutions and to adopt the balance of the consent calendar in accordance
with the reports, certifications and recommendations furnished each council member and as listed
on the balance 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.
6. Receive and file minutes of the Public Utilities Board meeting held August 2, 2007.
6105
7. Receive and file the Investment Portfolio Report for August 2007.
D117
8. Accept the low bid of Ramirez Construction, Inc., in an amount not to exceed $143,000, for
D180 adjusting manholes and water valves for cone-year period with four one-year options to
renew and authorize the Purchasing Agent to exercise the renewal options in accordance
with Bid #6976.
9. Approve an increase in the contract amount with San Dieguito Printers, in the amount of
D180 $93,308 annually, for the production of the Community Services Activity Guide and
authorize the Purchasing Agent to exercise the remaining two annual renewal options in
accordance with Bid #6540.
10. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent
D180 to issue a master agreement to Advanced Equipment Corporation, in an amount not to
exceed $30,000, for service and repair of the movable wall panels, as required, at the
Convention Center for aone-year period with two one-year options to renew.
11. Approve expenditure appropriations from the prior fiscal year for projects previously
D106 approved by the City Council, but not ye completed.
12. Amend the Fiscal Year 2006/07 budget by increasing appropriations in the City Clerk's
D1os Office by $71,000; in the Human Resources Department by $94,000; in the Finance
Department by $225,000; in the Convention, Sports, and Entertainment Department by
$398,000; and in the Public Utilities Department by $38,000. Amend the FY 2007/08
Budget by increasing appropriations in the Finance Department by $250,000.
13. Cancel the regularly scheduled Council meeting of December 4, 2007 and schedule the
D114 replacement meeting for December 18, 2007.
14. Review the need for continuing the local emergency heretofore proclaimed by the Director
D175 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.
15. Award the contract to the lowest responsible bidder, Miller Environmental, Inc., in the
4840 amount of $981,820, for the demolition of various locations for the Katella Smart Street
Master Plan and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
September 25, 2007 -Page 6
16. Approve the Settlement and Release Agreement with Clear Channel Outdoor, Inc., in the
4841 payment amount of $31,500, for property located at 1784 S. Euclid Street for the Katella
Avenue Smart Street-Ninth. Street to Humor Drive Project (R/W ACQ2004-00193).
17. Approve the Acquisition Agreement with Bertha Baltazar, in the acquisition payment
4842 amount of $565,000, for the purchase of real property located at 1773 South Caroleen Lane
for the Katella Avenue Smart Street Project (R/W ACQ2005-00235).
19. Approve Amendment No. 3 to Agreement with Overland, Pacific and Cutler, Inc. for
as44.3 continued relocation consulting services of current acquisitions relating to the Public Works
Capital Improvement Projects.
20. Approve and authorize the City Manager to execute an Operating Agreement between the
4839 City of Anaheim, the Anaheim Redevelopment Agency and The Muzeo Foundation (related
to Agency Item No. 02).
21. Approve the First Amendment to License Agreement with Disney GOALS, Inc., to continue
1605.6.1 using two city buildings at 1170 North La Palma Parkway for its program headquarters in
connection with its roller hockey program.
22. Authorize the Community Services Department to accept a fund reimbursement award from
D150 the Federal Government, in the amount of $239,658.57, and increase the Community
Services Department, Library Services Division by this amount.
24. Approve an agreement with the Orange County Health Services Agency, in an amount
4845 estimated by the County of Orange to be $1,197,877 (precise cost to be based on field,
shelter and licensing actions), for animal control services for the period of July 1, 2007
through June 30, 2008 and approve an increase to the Planning Department's fiscal year
07/08 expenditure appropriations by $268,093.
25. Accept the transfer of title of two retired busses from the Orange County Transit Authority to
D160 the Anaheim Police Department for use during the 2007 Golden Guardian Homeland
Security exercise and authorize the Chief of Police to execute documents necessary to
transfer title of the busses to Pick Your Part following the exercise.
26. Approve an agreement with Wellness Solutions, Inc., in an amount not to exceed $115,000,
2892.E for the management and coordination of the Police Department's Wellness Incentive
Program for the period from October 9, 2007 through October 8, 2008 and authorize the
Chief of Police to execute any amendments or renewals to said Agreement.
27. Approve Anaheim Public Utilities Annual Energy Efficiency and Demand Reduction Goals
D182 of 0.6% of forecasted retail electric sales for the period beginning 2007 through 2016, and
authorize the Public Utilities General Manager to submit the goals and related documents to
the California Energy Commission, and take such actions as are necessary to implement
the goals.
28. RESOLUTION NO. 2007-177 A RESOLUTION OF THE CITY COUNCIL OF THE
P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein (City Deed Nos. 11074 - 11076).
September 25, 2007 -Page 7
29. RESOLUTION NO. 2007-178 A RESOLUTION OF THE CITY COUNCIL OF THE
D160 CITY OF ANAHEIM ratifying and approving the action of the Chief of Police in submitting a
grant application on behalf of the City of Anaheim, with the State of California, Office of
Traffic Safety, authorizing the Chief to execute all required grant documents, and
authorizing the acceptance of such grant on behalf of the City and amending the budget or
fiscal years 2007-08 to 2010-2011 accordingly.
30. ORDINANCE NO. 6078 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Section 14.32.510 of Chapter 14.32 of Title 14 of the Anaheim
Municipal-Code relating to enforcement of vehicle parking and standing provisions.
31. Approve minutes of the Council meeting held September 11, 2007.
END OF CONSENT CALENDAR:
18. Approve and authorize the City Manager to execute an agreement with the City of Placentia
4843 to allow for the operation and maintenance of seven traffic signals located in portions of
both cities where quiet zone improvements have been constructed and the supplemental
safety zone improvements at eight locations within railroad rights-of-way and, increase the
Department of Public Works budget general fund appropriation by $24,000 for FY 2007/08
for costs associated with BNSF Railway maintenance of quiet zone improvements in BNSF
rights-of-way.
Natalie Meeks, Director of Public Works, introduced Mark Vukojevic, Anaheim's new City Engineer
to Council and the community.
She then provided a brief presentation on the quiet zone and safety improvements for seven
locations within the BNSF Railway rights-of-way remarking the City had partnered with the city of
Placentia for maintenance of the quiet zone equipment. Placentia, she explained, through an
agreement with the BSNF Railways, agreed to pay for maintenance of their quiet zone equipment
and this agreement before Council would allow Anaheim to work through Placentia's standing
agreement with BNSF. Placentia would maintain the portion of the equipment in their city and
Anaheim would reimburse them for their costs.
Council Member Hernandez stated this was an improvement that was a long time in coming and
he wanted to highlight it for the residents. He indicated grade crossings had been improved to the
point where they were safe enough that the blowing of train whistles was not required and that the
improvements made it impossible for someone to be on the tracks while a train was coming. He
added these improvements would improve the quality of life for those residents along
Orangethorpe and moved to approve Item No. 18, seconded by Council Member Galloway.
Mayor Pringle remarked Anaheim was fortunate to have received OCTA and Measure M additional
funds earmarked for quiet zone improvements. Roll call vote: Ayes - 5; Mayor Pringle, Council
Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
23. Determine on the basis of the evidence submitted by KB Home Coastal, Inc., that the
3s22 property owner has complied in good faith with the terms and conditions of Development
Agreement No. 2005-00006 for the 2006-2007 review period (continued from the meeting of
September 11, 2007, Item #19).
September 25, 2007 -Page 8
Sheri Vander Dussen remarked this was the annual review of the development agreement with KB
Home and staff found them to be in compliance with the terms of the agreement and would
recommend Council make that finding.
Mayor Pringle remarked that this item was a regular progress report and that the last time he had
spoken to KB Homes, there was concern as to the issuance of permits related to agreement on the
CFD and since permits had been issued and framing begun, he wanted to make sure all was going
well and that KB Homes felt comfortable with the process.
Dale Kemp, KB Homes, reported work was progressing well, framing had begun and the project
was anticipated to be completed in June of 2008.
Mayor Pringle remarked there were a number of projects approved. within the Platinum Triangle
and that some developers were waiting to see what the market would bring, others had sold their
projects and some condo units had been converted to apartments. He pointed out the KB project
on State College, south of the Catch restaurant and .north of Orangewood, appeared to be the only
condo project proceeding and he wanted to thank KB for their commitment to Anaheim and moved
to approve Item No. 23, seconded by Council Member Galloway. -Roll call vote: Ayes - 5; Mayor
Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
32. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM adding new Chapter 8.10 to Title 8 of the Anaheim Municipal Code relating to
barking dog violations (continued from the meetings of April 17, 2007, Item #51, May 15,
2007, Item #27 and August 21, 2007, Item #52).
Mayor Pringle pointed out the County of Orange, with whom Anaheim contracted for animal control
services, had adopted this ordinance related to barking dogs, and 13 other cities contracting with
Orange County had also adopted this ordinance as the template to provide a response in case of
barking dogs violations.
Jennifer Phillips, Director of Orange County Animal Care Services, remarked she had been with
the County for about three years and during those three years made efforts to try to make animal
services more accessible and to upgrade the quality of services offered as well. She then provided
an overview of the basic and fundamental services Anaheim received. She explained her
department was apro-life/pro-adoption organization and that decisions made and policies put in
place reflected that philosophy. She detailed the specific services offered by both the staff and the
shelter, including rabies control, pet licensing, and pet adoption. She indicated all strays were
photographed upon impound and photos uploaded to their website within 30 minutes. She
discussed the public education programs and group presentations such as responsible pet
ownership training available.
Ms. Phillips explained the current barking dog process was a misdemeanor process consisting of
three steps and in which the Animal Care Services played a very passive role. She explained in
detail each step in the process, the waiting periods involved and the evidence gathering and
information needed for eventual submittal of the complaint to the District Attorney's office for
resolution. She emphasized due to the workload of the District Attorney, complaints could be
dismissed and the process would have to begin all over again, stating it could take up to a year for
any resolution to this issue.
She stated the new barking dog ordinance adopted by the Orange County Board of Supervisors at
the end of 2006 was developed to address the 1,500 barking dog complaints Animal Care Services
September 25, 2007 -Page 9
received annually from the 19 cities serviced by that department. Her department had received
consistent feedback from the public that the process was not effective and the goal of this new
ordinance was to focus on expediency, fairness and resolution and Animal Care Services now
played an active role in bringing about resolution. Ms. Phillips indicated the new ordinance now
defined a barking dog nuisance as 30 minutes of consecutive barking in a 24 hour period and 60
minutes of intermittent barking, except if a dog was barking because it was teased or provoked or
because someone trespassed on their property. The new ordinance, she emphasized, would bring
the two parties together quickly to find a resolution to the problem.
With the new ordinance, a first complaint would be made and an animal control officer would visit
the dog owner, provide a packet of educational information and talk about how to resolve the
barking problem. The dog owner would be informed during the visit that there was a citation
involved and that the dog owner would need to take responsibility for the nuisance and had ten
days to resolve the problem. If the problem persisted, the complaining party would sign an affidavit
under penalty of perjury that this dog was violating the ordinance, and the officer would then issue
the citation with an administrative hearing date scheduled within 14 days. The hearing officer
would serve as a mediator and bring the two parties together to resolve the situation. She further
stated that in the event the dog owner was not home when the animal control officer visited, a red
packet would be left at the door with a business card for the dog owner to contact to schedule a
convenient time to meet. Ms. Phillips recognized that dog owners worked and flexibility in meeting
times would need to be accommodated.
Ms. Phillips provided information on the numbers of barking dog complaints Anaheim received
annually and the cost of this new program. The City would be billed on usage of the program only,
however, for budgeting purposes, $46,850 was an estimated cost and commented that the city
would keep the revenues resulting from any fines. Mayor Pringle wondered if under the current
services, would the City be charged for calls that came into Animal Care Services related to
barking dogs. Ms. Phillips responded they would, however, under the new barking dog ordinance,
the level of support was higher and the cost would be higher.
Discussion occurred relative to complaints now received for barking dog nuisances and the total
cost of the program the County was offering. Council Member Sidhu expressed concern that some
individuals could abuse the program remarking on wild life intrusions for those residents who live in
Anaheim Hills where coyotes and other animals live in close proximity to homes and dogs who
barked to protect their properties. Ms. Phillips responded her agency was trying to balance
responsible pet ownership and the rights of dog owners with the right to live in a peaceful
environment and that part of the reason the animal control officer visited the dog owner was to
determine why the dogs were barking. Council Member Sidhu felt the fines were excessive and
asked if this ordinance had reduced the number of complaints received. Ms. Phillips remarked that
complaints had increased; however, she felt it was because residents had previously given up on
filing dog barking complaints. Council Member Sidhu asked of the 185 complaints filed by
Anaheim residents, how many neighbors would have peace of mind that the process worked. Ms.
Phillips responded that a survey had been done after two months into the program and she had
received positive feedback from the dog owners. She believed the process was working so far.
Council Member Kring felt the fines were excessive as well and she would prefer dog owners
received education rather than fines. She also felt the total cost of the program estimated for
Anaheim was high.
After more discussion, Mayor Pringle moved to introduce the ordinance with an amendment to the
fine citations, $100 for the first citation and $250 for the second, Council Member Kring seconded
the motion. She added she would like to revisit this ordinance after a six month program was in
place with the County and offered a substitute motion to table the item until the first meeting in
February, 2008. Mayor Pringle seconded the substitute motion. Council Member Sidhu added
September 25, 2007 -Page 10
that with a population of 350,000 and only 185 people lodging complaints, he could not support this
ordinance. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring
and Sidhu. Noes - 0. Motion Carried.
33. Consider appointing two citizens to the Community Services Board to complete the
6105 unexpired terms of Emmanual "Manny" Jalandoni, term to expire June 30, 2008 and Diane
Filippone, term to expire June 30, 2009.
Appointment: Jerry Conrey (expires June 30, 2008)
(Manny Jalandoni)
Council Member Kring nominated Jerry Conrey. With no other nominees offered, Mr. Conrey was
unanimously appointed to the Community Services Board.
Appointment: Amber Burkhart (expires June 30, 2009)
(Diane Filippone)
Council Member Sidhu nominated Suzanne Alemansour. Council Member Hernandez nominated
Amber Burkhart. A straw poll for Ms. Alemansour reflected Ayes - 2: Mayor Pringle and Council
Member Sidhu; Abstentions - 3: Council Members: Galloway, Hernandez and Kring. The straw
poll for Ms. Burkhart reflected Ayes - 3: Council Members: Galloway, Hernandez and Kring and
Abstentions - 2: Mayor Pringle and Council Member Sidhu. Ms. Burkhart was appointed to the
Community Services Board.
Mayor Pringle recommended Council Members Kring and Hernandez review the subject of today's
workshop with the newly appointed members.
34. Discussion regarding the proposed initiative measure entitled "The Anaheim Voter
C410 Empowerment Initiative" forwarded to the City Council by the Coalition to Defend and
Protect Anaheim (requested by Mayor Pro Tem Hernandez at the Council meeting of
September 11, 2007).
City Attorney Jack White stated at the September 11th meeting, Council Member Hernandez asked
that this item be placed on the agenda. He reported Item No. 34 was an initiative measure, entitled
the Anaheim Voter Empowerment Initiative submitted to the City by the Coalition to Defend and
Protect Anaheim. The initiative referred to the 52.9 acre site owned by the Disney Company
located east of Harbor, south of Katella, west of Haster Street and north of Orangewood and would
require that with regard to any change in use on that 52.9 acre parcel in the future, three things
would be required before the use could change. 1) An environmental impact report or other
equivalent requirement of CEQA would have to be prepared and certified or approved by the City
Council; 2) the Council would have to additionally approve a specific plan for any new use on the
property; and 3) after conditional approval of the specific plan, the change of use would need to be
placed on the ballot for the next general municipal election which would take place in the month of
November for even numbered years and receive voter approval before there could be a change of
use. He stated the property was currently used for growing crops and for parking for Disney cast
members and also for mobile home purposes and those uses would continue on the property in the
initiative.
Mayor Pringle asked if this item was on the agenda for purposes of discussion only; Mr. White
indicated that was correct as Council could not take action to either put it on the ballot or to adopt it
tonight as it required CEQA review. He added Council could refer the item back to staff to prepare
September 25, 2007 -Page 11
the necessary documentation which would include not only the resolution to place the initiative on
the ballot but also prepare the necessary CEQA review.
Council Member Hernandez moved to request staff to prepare this item for placement on the ballot
along with the SOAR Initiative. No second offered, however, discussion began.
Council Member Galloway stated she was not a proponent of ballot box measures but she would
support placing this item on the ballot. She indicated it was the Disney sponsored SOAR coalition
that had sought an initiative to be placed on the ballot regarding development in the resort area
and she felt to be fair, the Coalition to Defend and Protect Anaheim should have the same
opportunity regarding development in the resort area as well
Council Member Sidhu remarked this property was already zoned for resort uses and the reason
the SOAR coalition placed an initiative on the ballot was because the zoning was changed from
resort to residential. He felt this was an action that was made to confuse the voters and would not
support placing it on the ballot.
Mayor Pringle felt this was a retaliatory measure against Disney and if approved, would be viewed
as a taking of property rights. He also believed the voters of Anaheim understood both measures
and would vote accordingly but he felt this initiative should go through the same process of
gathering supporting signatures rather than having Council circumvent this process and put the
matter on the ballot.
Council Member Kring remarked it was not unusual for city councils to place ballot measures
before the voters pointing out there were two measures on last November's ballot in place due to
Council action. She also was not a proponent of ballot box zoning but would support this effort.
She added she was still hoping for a compromise to be found for the SunCal property and was
working toward that goal and hoped the ballot measures would not be necessary.
Council Member Hernandez stated there had been a signature rescission occurring during the
SOAR initiative process which was cut short by the filing of SOAR signatures so he felt those
individuals had a right to be heard as well and moved to direct staff to begin the preparation of the
title and summary of this item and to move forward with the environmental review necessary for
Council to place this matter on the ballot, seconded by Council Member Galloway. Roll Call Vote:
Ayes - 3: Council Members: Galloway, Hernandez and Kring. Noes - 2: Mayor Pringle and
Council Member Sidhu. Motion Carried.
PUBLIC HEARINGS:
35. CEQA NEGATIVE DECLARATION
C410 GENERAL PLAN AMENDMENT NO. 2007-00455
RECLASSIFICATION NO. 2007-00198
OWNER: La Vue LLC, 30622 La Vue Street, Laguna Niguel, CA 92677
AGENT: Mehdi Ebrahimzadeh, 30622 La Vue Street, Laguna Niguel, CA 92677
LOCATION: 1556 West Katella Avenue: Property is approximately 0.78-acre, having a
frontage of 130 feet on the south side of Katella Avenue and is located 170 feet west of the
centerline of Bayless Street.
General Plan Amendment No. 2007-00455 -Request to amend the land use element
map of the General Plan redesignating the property from the General Commercial
designation to the Low-Medium* Density Residential designation.
September 25, 2007 -Page 12
Reclassification No. 2007-00198 -Request reclassification of the subject property from
the T (Transition) zone to the RM-3 (Multiple-Family Residential) zone.
Conditional Use Permit No. 2007-05200 -Request to construct a 14-unit attached
residential planned unit development with modification to development standards and
waiver of setback between buildings and improvement of private street.
Tentative Tract Map No. 17116 - To establish a 1-lot, 14-unit airspace attached
residential condominium subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
CEQA Negative Declaration approved (VOTE: 6-0; Commissioner Karaki absent).
Recommended City Council Approval of General Plan Amendment No. 2007-00455
(PC2007-89).
Reclassification No. 2007-00198 granted (PC2007-90).
Waiver of Code Requirement, approved, in part.
Conditional Use Permit No. 2007-05200 granted, as amended (PC2007-91 ).
Tentative Tract Map No. 17116 approved.
(Planning Commission Meeting of August 6, 2007).
MOTION: CEQA NEGATIVE DECLARATION
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving General Plan Amendment No. 2007 00455, pertaining to
the Land Use Element.
ORDINANCE NO. (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. 2007-00198).
This item was continued, at the request of the applicant to October 9, 2007.
Report on Closed Session Actions: None
Council Communications:
Council Member Hernandez reported on the deaths of retired employees Jack Nosek, Community
Services Department, Mark Wegner, Public Works, and Bob Simpson, Fire Department, who not
only served as the Fire Chief, but also as the Deputy City Manager and City Manager during his
tenure with the City.
Council Member Galloway reported she attended the International Conference of Shopping
Centers (ICSC) held in San Diego on behalf of the City meeting with leasing agents and
businesses wishing to do business in the City of Anaheim.
Council Member Kring reported she had also attended the ICSC and met with different businesses
that wished to locate to Anaheim and had also attended the opening to the Disneyland Grand
California hotel expansion. She thanked Sergeant Chuck Knight and his team for representing the
City in the Race for the Cure event which honored survivors of breast cancer and raised funds for
research.
September 25, 2007 -Page 13
Council Member Sidhu commented on the national housing market slow down and its impact on
the housing projects in Anaheim, remarking many of the projects were still moving forward in the
City. He spoke of the sporting and cultural events taking place in the City.
Mayor Pringle remarked there continued to be activities going on in the City with Angels Baseball
in the playoffs, the Ducks starting their new season and the U.S. Volleyball's championship win as
they go on to compete for the Olympics. He announced the Mayor's Prayer Breakfast with Lynn
Swan as the guest speaker was scheduled for October 2"d ,the City would be burying a time
capsule to be opened in 50 years on October Stn and invited the community to visit Anaheim's new
jewel, The Muzeo which would be opened on October 16tH
Adjournment:
With the consent of Council; .Mayor Pringle adjourned the September 25tH, 2007 meeting at 8:11
P. M.
Respectfully submitted,
Linda Nguyen, Cit C rk