2009/01/13ANAHEIM CITY COUNCIL REGULAR MEETING
OF JANUARY 13, 2009
The regular meeting of January 13, 2009 was called to order at 3:11 P.M. in the Chambers of
Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was
posted on January 9, 2009 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, Acting City Attorney Cristina Talley, and City
Clerk Linda Andal.
WORKSHOP: ABILITY FIRST PROGRAM
Terry Lowe, Director of Community Services, updated Council on the AbilityFirst Program,
the City's public/private partnership, that addressed individuals with special needs. In 1973,
he reported, a therapeutic recreation program was created to serve children, teens and
young adults with learning disabilities, developmental and physical disabilities, speech
impairments and autism. The goal of this program, he stated, was to enhance the
socialization, recreation and independent living skills of this population by placing them in an
atmosphere which enabled participants to reach their highest level of self sufficiency. Thirty-
five years later, Mr. Lowe remarked, the program had served thousands of young people
working closely with school districts, non-profit organizations and thousands of volunteers,
care providers and parents of the participants. He noted the Therapeutic Booster Club
provided guidance to the program providers and also conducted annual fund-raising activities
to offset expenses.
The program was conducted primarily on the grounds of Maxwell Park in West Anaheim and
at various school district locations, community centers, libraries and youth centers throughout
the city, as well at local businesses, such as shopping centers and bowling alleys. The site
of Maxwell Park, as the headquarters of the program, reflected a number of activity rooms
and staff offices with an adjacent modular building added in the late 1980's to allow for
program expansion. Mr. Lowe pointed out that the former farmhouse was approximately 85
years old, originally located on County land several miles away from its current location, and
was moved to Anaheim where the City's third park, Maxwell Park, was built around the
farmhouse in the late 1950's. The building was fully researched by the local history curator
and was determined not to be historically significant. He added that because of its history,
many changes and additions were made to the structure.
Program participants were categorized by age and the level of special needs. Services
included Special Olympics training, independent living skills, community integration, seasonal
special events, holiday day camps, licensed after-school daycare, swimming lessons and an
award winning musical theatre program. He stated programs were fee-based with priority
and discounted rates for Anaheim residents. Qualifying participants also received funding
from the State through the Orange County Regional Center to help offset the costs of
services and to provide respite care for care providers. Several years ago, staff felt the
recruitment of qualified staff to conduct the programs had become challenging and that such
could affect the integrity of the program. To expand services without impacting City funds,
City Council Minutes of January 13, 2009
Page 2 of 20
staff recommended developing a partnership with anon-profit organization that specialized in
serving this population. After issuance of a Request for Proposal (RFP), a number or
organizations were interviewed and AbilityFirst, formerly known as the Crippled Children's
Society, was selected as the best qualified service provider. The City Council approved this
partnership in December of 2007. He noted the City provided a base level of funding of
$21,500 for this current fiscal year for specific recreation services with other services funded
by the booster club and the Regional Center. The balance of funding came from program
fees and fund-raising efforts by Ability First. He also added AbilityFirst had been required by
the agreement to absorb the 25 City staff members who desired to transition to employment
and met their hiring standards.
Mr. Lowe commented staff had recognized that at some point in the future the existing
building would need replacement or the program relocated to another site. He stated while
Public Works maintained the building there were significant space limitations, access
problems and general deterioration which made the structure's long-term use impracticable.
The benefit of partnering with non-profit, he pointed out, was at some juncture a joint effort
could be made to fundraise for a new building or to retrofit an existing building to
accommodate these services elsewhere without displacing other facility users. The
public/private partnership would also be extremely competitive with both public and private
funding sources. He added that AbilityFirst would be able to bring resources to the effort in
the form of grant development and would have access to funding sources not available to a
government agency. He added that during contract negotiations, AbilityFirst expressed an
interest in pursuing efforts of this type in the future, however, it was felt the current economic
situation created a problematic climate at this time and staff also did not want to compete in
the joint Boys and Girls Club and YMCA effort to develop flag ship facilities for their
respective organizations.
Council Member Galloway asked how the City's contribution compared to the total annual
AbilityFirst budget with Mr. Lowe replying he would provide those numbers. Council Member
Kring asked how many participants were served on a daily basis and Mr. Lowe replied there
were 107 registered participants, 59 percent who lived in Anaheim. Council Member
Hernandez thanked staff for bringing attention to this service remarking a discussion on a
related task force or commission would be scheduled.
WORKSHOP: ANAHEIM UNION HIGH SCHOOL DISTRICT UPDATE
Superintendent, Dr. Joseph Farley, stated a packet of information had been provided to the
Council, including goals and objectives of the Board of Trustees, a profile of the Board and a
news release on a comprehensive update regarding bond funds and construction projects.
Providing a short breakdown of demographics, Dr. Farley reported the District included 16
comprehensive junior and senior high schools, including Hope Special Education High
School and Oxford Academy (a high performing high school) as well as two alternative
education sites, a community day school and an adult education facility. There were 32,638
students, 3,586 part and full time staff with an operating budget of $330 million. Sixty-two
percent of students were Latino, 17 percent Caucasian, 12 percent Asian and the remainder
an assortment of cultural backgrounds. He stated 27 percent were English learners with 56
languages spoken in the homes.
City Council Minutes of January 13, 2009
Page 3 of 20
Dr. Farley indicated he had joined the AUHSD four years ago with the goal of establishing
stability in the district while also developing professional relationships and promoting and
publicizing the district. During this year, a strong and supportive collaborative relationship
with the Board of Trustees was developed and certain construction issues were resolved that
had been on-going for many years. His second year, 06/07, focused on determining the
direction to be taken in subsequent years by improving communication and strengthening
and enhancing all program activities. He commented staff participated in the decision
making process, centralization of many of the functions occurred and asystem-wide analysis
of what was going on in instruction was performed with the goal of strengthening that for
future years. Last year, he stated, was a pivotal year due to major instructional changes
being implemented. Major accomplishments for 07/08 related to instruction: adhering to
State standards, making classes challenging, increasing science instruction, and identifying,
early on, those students needing help before problems escalated into something more
serious. District staff also spent time working and preparing kids for increased secondary
options such as community college, trade schools, military and other careers. Dr. Farley
remarked that all mentioned changes had made a difference as reflected in a 35 percent
increase in number of students taking advance placement courses, Western High School
nearing finals as a California Distinguished School and AUHSD earning a ranking of 9 out of
10 using comparison rates for similar high schools with Katella High School having the
highest ranking in the county.
He touched on the fiscal challenges facing the district, how they would be addressed and
that funding mechanisms to address capital improvements for the rest of the district schools
had been identified. Discussion was held relative to current enrollment figures, budget deficit
impacts and state-grade level comparisons.
Mayor Pringle thanked the Board of Trustees for taking steps to address deferral of fees for
residential developers since that industry was in tough shape economically with Dr. Farley
responding the Board had scheduled formal action on that matter at the end of January.
Council Member Hernandez highlighted several of the programs taking place within the
District such as their participation in the Business Education Alliance program which brought
the educational community together with the business community to influence curriculum to
produce workers reflecting labor needs in the surrounding community and the success of the
virtual enterprise classes.
Dr. Farley ended his presentation by introducing the Anaheim Union High School District
Board of Trustees.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Council recessed to closed session at 3:57 P.M. for the following items:
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54957.6:
Agency designated representative: Kristine Ridge
City Council Minutes of January 13, 2009
Page 4 of 20
Name of employee organizations: Anaheim Police Association; Anaheim Municipal
Employees' Association, General and Clerical Units; Service Employees International
Union, Local 1877; Anaheim Fire Association, Local 2899; Teamsters, Local 952;
International Brotherhood of Electrical Workers, Local 47; Anaheim Municipal
Employees' Association, Part-Time Employees; International Brotherhood of
Electrical Workers, Part-Time Customer Service Employees.
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: City of Anaheim v. Angels Baseball, L. P., Orange County Superior
Court Case No. 050001902; 4th Appellate District No. G037202
At 5:06 P.M., Council session was reconvened.
Invocation: Pastor Tony Birge, Victory Baptist Church
Flap Salute: Council Member Lorri Galloway
Presentations: Recognizing long term City employees, recently retired, with more than
20 years of service -Kristine Ridge, Human Resources Director, introduced those retiring
employees from various City departments.
Acceptance of Other Recognitions (To be presented at a later datel:
Proclaiming January 23, 2009, as Kids Craft Day in Anaheim
Recognizing the Youth Leadership America graduates
Bill Spielberg, representative of the Craft & Hobby Association thanked Council for the
proclamation recognizing Kids Craft Day in the city.
At 5:10 P.M., Mayor Pringle called to order the Anaheim Housing Authority (in joint session
with the Anaheim City Council} for public comments.
ADDITIONS/DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda items except public hearings):
William Fitzgerald, resident, opposed Disneyland fireworks citing potential health impacts.
Mike Hasler, President, Cypress College, announced this was the 34th year celebrating
Americana Awards recognizing individuals in the community and to raise funds for needy
students and faculty grants. He asked for the City's support for the February 28th event at
the Disneyland Hotel.
Mayor Pringle recessed Council session to consider the Anaheim Housing Authority agenda,
reconvening the meeting at 5:22 P.M.
City Council Minutes of January 13, 2009
Page 5 of 20
CONSENT CALENDAR:
Council Member Galloway removed Item No. 8 from the consent calendar for further
discussion, Council Member Sidhu pulled Item No. 13 and Mayor Pringle removed Item No.
20. Council Member Kring moved to waive reading in full of all ordinances and resolutions
and adopt the balance of the consent calendar in accordance with the reports, certifications
and recommendations furnished each council member and as listed on the Consent
Calendar, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor
Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
3. Receive and file minutes of the Golf Commission meetings of July 24, 2008, August
B105 28, 2008 and October 23, 2008; Park and Recreation meeting of October 22, 2008;
and Public Library Board meeting of November 3, 2008.
4. Receive and file the report on the adjustment to the campaign contribution limit
D113 contained in the City's Campaign Reform Law from $1,600 to $1,700 as required by
Section 1.09.050 of the Anaheim Municipal Code.
5. Accept the lowest responsive bid of McAvoy & Markham Engineering & Sales
D180 Company, in the amount of $215,411.65, for the as-needed purchase of electrical
meters for the Public Utilities Department for a one year period with four one year
optional renewals and authorize the Purchasing Agent to exercise. the renewal
options, in accordance with Bid# 7217.
6. Approve City projects for participation in Proposition 1 B -Local Streets and Roads
D175 Improvement, Congestion Relief, and Traffic Safety Account Funds and increase the
Department of Public Works FY 08/09 revenue and expenditure appropriation by
$5,137,154 (East St. Rehabilitation, Miraloma Ave. Rehabilitation, Broadway St.
Rehabilitation, Olive St. Rehabilitation and Katella Avenue Storm Drain).
7. Approve the Agreement for Acquisition of Real Property with Kim Magdaleno, in the
5575 acquisition payment of $1,144.44, for property located at 1772 South Dallas Drive,
Unit A, for the Katella Avenue Smart Street Project Humor Drive to Jean Street (R/VV
ACQ2005-00247).
9. Approve an agreement with the Savanna Elementary School District to provide Park
5576 Ranger patrols of Twila Reid and Hansen elementary schools.
10. Authorize the Director of Community Services to accept a grant from the California
D150 State Library, in the amount of $35,953, for the Out-of-School-Time Online Homework
Help program and amend the FY 08/09 appropriations accordingly.
11. Approve and authorize the Public Utilities General Manager to execute the
5577 Renewable Electric Energy Resource Project Development Agreement with Southern
California Public Power Authority (SCPPA), Sacramento Municipal Utility District and
nine SCPPA members.
City Council Minutes of January 13, 2009
Page 6 of 20
13. RESOLUTION NO. 2009-002 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM (i) reissuing a proclamation of the existence of a local emergency
in the City of Anaheim as heretofore proclaimed by the Director of Emergency
Services of the City of Anaheim and ratified by City Council Resolution No. 2005-17,
and (ii) determining that the need for continuing the local emergency exists.
14. RESOLUTION NO. 2009-003 A RESOLUTION OF THE CITY COUNCIL OF THE
D129 CITY OF ANAHEIM (i) reissuing a proclamation of the existence of a local emergency
in the City of Anaheim as heretofore proclaimed by the Director of Emergency
Services of the City of Anaheim and ratified by City Council Resolution No. 2008-204,
and (ii} determining that the need for continuing the local emergency exists.
15. RESOLUTION NO. 2009-004 A RESOLUTION OF THE CITY COUNCIL OF THE
D112 CITY OF ANAHEIM authorizing the destruction of certain city records more than two
years old (City Attorney's Office).
16. RESOLUTION NO. 2009-005 A RESOLUTION OF THE CITY COUNCIL OF THE
D117 CITY OF ANAHEIM authorizing the destruction of certain city records more than two
years old (City Treasurer's Office).
17. RESOLUTION NO. 2009-006 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM designating Catalpa Avenue from Loara Street to the east end of
Catalpa Avenue as "Permit Parking Only" street within Permit-Eligible Parking District
No. 1 (Permit Parking Area No. 1).
18. RESOLUTION NO. 2009-007 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM authorizing the Director of Public Works or her designee to
submit an application on behalf of the City of Anaheim to the State of California
Resources Agency for grant funds for the Environmental Enhancement and Mitigation
Program under section 164.56 of the California Streets and Highway Code, and if
awarded, authorizing the acceptance of such project assistance on behalf of the City.
19. RESOLUTION NO. 2009-008 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. 11212 and 11213).
21. Approve minutes of the Council meeting of December 16, 2008.
END OF CONSENT CALENDAR:
8. Approve an agreement with Orange County Animal Care Services for animal control
5576 and shelter services for the period of January 1, 2009 through June 30, 2009 and
approve an amendment to increase the Planning Department's FY 08/09 expenditure
appropriations by $199,893.
Planning Director Sheri Vander Dussen reported the City had contracted with Orange County
to provide a full range of animal care services and when the budget was prepared for the
current fiscal year, it was estimated the contract would cost about $1.234 million based on
past services and current trends. Since then the estimates were revised based on actual
costs of services provided and were now expected to be a little over $1.4 million this fiscal
year. She explained staff was now requesting Council approve the agreement for the second
City Council Minutes of January 13, 2009
Page 7 of 20
half of the fiscal year and increase the budget appropriation by almost $199,893 to cover the
budget increase.
Jennifer Phillips, Director of Orange County Animal Care, remarked that over the past couple
of years, programs and services and care for the animals at the shelter had been improved
to provide quality care for the animals. She stated in 2007, there were 7,362 animals
impounded from the City and in 2008 that number had risen to 9,272. She explained the City
was also charged for the number of days an animal stayed at the shelter as well as for an
increase in the number of field calls. In 2007, there were 10,500 calls for service from
Anaheim residents and in 2008, the calls increased to over 13,000. All of these factors, she
explained, played a role in the increased costs to the City.
Council Member Galloway inquired how the 9,000+ impounded animals were handled and
Ms. Phillips responded approximately 20-30 percent were euthanized for behavioral or
serious medical issues. She remarked the shelter did have a 70 to 80 percent adoption rate
for dogs and if the dogs had identification, there was also a 95 percent return rate. For cats,
she remarked, the euthanasia rate was higher due to the large feral kitten population in
Orange County with only a two percent rate of return. She added the shelter offered spaying
and neutering at a lost cost and would implant a micro chip for identification purposes for a
$14 fee. She noted that all animals adopted from the shelter had micro chip identification.
Vaccination clinics, mobile adoption and microchip services were also offered to contracting
cities.
Council Member Sidhu questioned capital improvement costs during a time when most
agencies were cutting back and whether the implementation of the barking dog ordinance
played a part in the cost increase. Ms. Phillips informed Council of the improvements which
had taken place to provide quality care and services for the animals. Ms. Vander Dussen
stated the City was paying for the amount of usage for all services, including services related
to the barking dog ordinance which had been made clear when the ordinance was approved.
Council Member Sidhu remarked that many of the improvements identified were related to
on-going shelter operations and should not be passed onto the cities and ultimately onto its
residents. He felt the agency should be in acost-cutting mode to address the current
financial climate. Ms. Vander Dussen indicated that a number of the improvements were
planned before the current economic situation and the increased calls for service in Code
Enforcement could relate to the housing foreclosures occurring.
After some discussion, Mayor Pringle confirmed the City's contract with the shelter was
based on the cost of providing services. He added that the staff report did not reflect that
point clearly by highlighting the various capital improvements that had been made.
Council Member Kring discussed some of the improvements and programs promoted by the
shelter and moved to support the item. After some discussion, Council Member Sidhu
requested the item be continued and a more accurate staff report be submitted. Mayor
Pringle concurred, remarking that he understood the reason for this budget increase, but
emphasized any future increases could be problematic.
With the consent of Council, Mayor Pringle continued this item to the meeting of January 27,
2009
12. Certify that the adoption of the Rate Stabilization Adjustment rate, and identification
D182 as such in all applicable rates, and the amendment of Rule No. 1 to the City's Electric
City Council Minutes of January 13, 2009
Page 8 of 20
Rates, Rules and Regulations are statutorily exempt under the California
Environmental Quality Act, Public Resources Code, Section 21080(b)(8), in
accordance with Title 14 of the California Administrative Code, Section 15273(a).
RESOLUTION NO. 2009-001 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending a rule and modifying and renaming a rate as well as
identifying it as such in the applicable rates of the rates, rules and regulations for the
sale and distribution of electricity as adopted by Resolution No. 71-478 and most
recently amended by Resolution No. 2008-181.
Marcie Edwards, Public Utilities General Manager, reported Item 12 was a recommendation
to restructure and rename the electric power adjustment rate stabilization account to rate
stabilization adjustment. This rate, she explained, would have two main components, a
power cost adjustment similar to the one in the current rate and an additional adjustment
entitled environmental mitigation adjustment. This adjustment, she pointed out, was
intended to recover only those projected costs incurred by the Utility Department for
environmental remediation such as the cost of renewable power. She added staff
recommended the power cost adjustment component be modified to allow additional
adjustments under very narrow conditions, specifically when there was an unexpected
prolonged outage of an electric facility and if commodity prices for fuel purchased on the
open market was well above budgeted levels. This flexibility would protect both the Utility
and its customers by keeping moderate reserves intact and eliminate the need for more
frequent larger base rate increases to recover spent reserves. The second component of the
restructured rate was the environmental mitigation adjustment and it would have the same
structure and stringent limitations as the power cost adjustment but would recover only those
costs associated with environmental mitigation measures. She ended her presentation
remarking this proactive approach in restructuring the current electric rate was intended to
protect customers by directly addressing the growing volatility in the fuel markets and the
increasing need to mitigate environmental impact and to do it in a more transparent way.
Council Member Sidhu asked how the adjustments would impact residential customer costs.
Ms. Edwards responded should the adjustments be needed, the maximum cost to residential
ratepayers would be $3.50 per month.
Mayor Pringle commented he believed mandates to purchase sustainable power would
continue to be a greater obligation of the City and costs would continue to increase. He
added ratepayers should understand that the price of buying green power was more
expensive than the power purchased on a 30-year contract basis from a coal burning plant in
Utah, which was the current case. Ms. Edwards responded that part of the reason for this
modification was to make it more transparent to not only make possible discussion with
Council but also with the customer base about what those requirements were and how
Anaheim could best meet them.
Council Member Hernandez moved to approve Item No. 12, RESOLUTION NO. 2009-001,
OF THE CITY OF ANAHEIM amending a rule and modifying and renaming a rate as well as
identifying it as such in the applicable rates of the rates, rules and regulations for the sale
and distribution of electricity as adopted by Resolution #71-478 and most recently amended
by Resolution No. 2008-181, seconded by Council Member Kring. Roll Call Vote: Ayes - 4:
Mayor Pringle and Council Members: Galloway, Hernandez and Kring. Noes - 1: Council
Member Sidhu. Motion Carried.
City Council Minutes of January 13, 2009
Page 9 of 20
20. RESOLUTION NO. 2009-009 A RESOLUTION OF THE CITY COUNCIL OF THE
F130 CITY OF ANAHEIM declaring its intention togrant anon-exclusive franchise for the
purpose of operating taxicab service in the City of Anaheim; stating the terms and
conditions upon which it is proposed to grant the franchise; and establishing the date,
hour and place when and where any persons having any interest therein or any
objection thereto may appear and be heard thereon (Public hearing scheduled for
Council meeting of February 10, 2009).
Sheri Vander Dussen, Planning Director, reported when the taxicab franchise was originally
created in 2002, three companies were awarded a five year term with five one-year
extensions. At that time, she commented, staff assumed that the three franchisees would
request extensions and those terms would be rolled over at the same time. However, she
explained, franchisees did not extend their terms in a timely manner and the rolling over at
the same time did not occur, thus the franchise now before Council was coming due in
February, the second would expire next year and the third in two years. Mayor Pringle asked
if all of them wished to maintain operations in the City and Ms. Vander Dussen indicated they
did and that this specific franchisee had submitted a proposal in response to the City's RFP
process. She added if Council took action on this item to declare its intention to award a
franchise, the final award would come back February 10`h with an evaluation of the four
proposals received and a recommendation to award.
Mayor Pringle discussed the Taxi Advisory Committee and its makeup indicating there
should be a representative from the public to address residential use of cabs in addition to
the resort businesses, the Chambers and Orange County Transportation Authority. Ms.
Vander Dussen stated Council had the ability to expand or substitute members. Having
served on the City Council in 2002, Council Member Kring provided background on the
taxicab franchise and the need for the Taxicab Advisory Committee. She remarked the
Council, at that time, wanted to ascertain how many cabs the City of Anaheim could support
and the committee surveyed membership in various areas to make that determination since
there were no consultants doing this type of work in the taxi industry.
Council Member Sidhu was supportive in having franchisee expiration dates occur at the
same time. There was discussion on restrictions inherent in a franchise agreement with
Cristina Talley, Acting City Attorney, remarking no changes in terms or cab numbers could
occur without implementing a code amendment, a process that would take a minimum of 60
days. Sandra Seaton, Code Enforcement, remarked this item was specifically fora 50
taxicab franchise. She indicated in 2002, it was determined there was a need for 230 cabs
per year and the three companies awarded a franchise, divided those numbers into
franchises for 50, 50 and 130 cabs. Ms. Vander Dussen remarked that a request for
proposal was advertised for this specific expiring franchise, four proposals had been received
and in addition, a consultant had been retained to review the cab allocation figures and had
concurred with the 230 number. She would provide Council with a copy of that report.
Council Member Kring pointed out that one of the purposes of the franchise was to get cabs
into neighborhoods and hospitals. She added the ATN transportation also competed with
cabs, picking up visitors and conventioneers.
Council Member Sidhu suggested this franchisee be given an option that if a new franchise
ordinance was created, the company would be able to submit a bid with revised term dates.
City Council Minutes of January 13, 2009
Page 10 of 20
Mayor Pringle clarified Item 12 was to approve a resolution giving notice that the City would
be voting on a taxicab franchise agreement at a next meeting. He noted four companies had
submitted a proposal and there was no predetermination that the existing incumbent would
be granted the award. He added he would like staff to explore putting in a condition allowing
the franchise to be rescinded if more than 230 cabs were to be added to the franchise and
asked for a discussion on the taxicab franchise ordinance be scheduled in the near future.
Council Member Galloway moved to approve Item No. 20, RESOLUTION NO. 2009-009, of
THE CITY OF ANAHEIM declaring its intention togrant anon-exclusive franchise for the
purpose of operating taxicab service in the City of Anaheim; stating the terms and conditions
upon which is proposed to grant the franchise; and establishing the date, hour and place
when and where any persons having any interest therein or any objection thereto may
appear and be heard thereon, seconded by Council Member Hernandez.
Roll Call vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring
and Sidhu. Noes - 0. Motion Carried
22. Nominate and appoint one Council Member to serve as Mayor Pro Tem for one year.
D114
APPOINTMENT: Council Member Hernandez
Mayor Pringle nominated Council Member Hernandez and Council Member Kring nominated
Council Member Galloway. A Straw Vote for Council Member Hernandez reflected Ayes - 3:
Mayor Pringle and Council Members Hernandez and Sidhu. Noes - 0. Abstentions - 2:
Council Members Galloway and Kring. The Straw Vote for Council Member Galloway
reflected Ayes - 2: Council Members Galloway and Kring. Noes - 0. Abstentions - 3: Mayor
Pringle and Council Members Hernandez and Sidhu. Council Member Hernandez was
reappointed as Mayor Pro Tem.
23. Review regional agency appointments and consider (re)appointing representatives to
0114 serve on the regional boards and agencies.
Mayor Pringle moved to reappoint each incumbent representative to the listed boards and
agencies. Council Member Galloway requested a discussion on the appointment to Orange
County Water District (OCWD) stating it was an important issue to Orange County cities and
might be more appropriate for. a council member to attend than a member of the public.
Council Member Hernandez recommended taking action on Item 23 and to consider the
OCWD appointment on a future date. Council Member Sidhu moved to re-appoint all
existing representatives to regional boards and agencies, seconded by Council Member
Hernandez. Roll Call Vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried
Fire Training, Joint Powers Authority:
(RE) APPOINTMENT: Council Member Gallowav
(currently held by Council Member Galloway)
Orange County-City Hazardous (HAZMAT) Emergency Response Authority:
(RE) APPOINTMENT: Council Member Gallowav
(currently held by Council Member Galloway)
City Council Minutes of January 13, 2009
Page 11 of 20
Growth Management Area 1:
(RE) APPOINTMENT: Council Member Krinq
(currently held by Council Member Kring)
ALTERNATE: Council Member Sidhu
(currently held by Council Member Sidhu)
Growth Management Area 2:
(RE) APPOINTMENT: Council Member Krinq
(currently held by Council Member Kring)
ALTERNATE: Council Member Sidhu
(currently held by Council Member Sidhu)
Growth Management Area 3:
(RE) APPOINTMENT: Council Member Gallowav
(currently held by Council Member Galloway)
ALTERNATE: Council Member Hernandez
(currently held by Council Member Hernandez)
Growth Management Area 4:
(RE) APPOINTMENT: Council Member Gallowav
(currently held by Council Member Galloway)
ALTERNATE: Council Member Hernandez
(currently held by Council Member Hernandez)
Orange County Sanitation District:
(RE) APPOINTMENT: Council Member Sidhu
(currently held by Council Member Sidhu)
ALTERNATE: Council Member Krinq
(currently held by Council Member Kring)
Santa Ana River Flood Protection Agency:
(RE) APPOINTMENT: Council Member Hernandez
(currently held by Council Member Hernandez)
Transportation Corridor Agency (Foothill Eastern)
(RE) APPOINTMENT: Council Member Krinq
(currently held by Council Member Kring)
ALTERNATE: Council Member Hernandez
(currently held by Council Member Hernandez)
PUBLIC HEARINGS:
24. This is a continued public hearing to consider a Resolution vacating a portion of an
CONT'D easement located at 570 Calle de Casas.
03/10/09
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM vacating a portion of a fire and pedestrian access easement
located at 570 Calle de Casas (Abandonment No. ABA 2008-00179).
(Continued from Council meeting of December 16, 2008, Item No. 56)
City Council Minutes of January 13, 2009
Page 12 of 20
Mark Vukojevic, Deputy City Engineer, reported Item 24 was to approve or deny an
applicant's request for the City to abandon a 20-foot fire and pedestrian easement located at
570 Calle de Casas. As part of the original tract development in 1979, he stated, a 20 foot
fire and pedestrian easement was reserved across this property to connect the streets of
Calle de Casas to Pathfinder Trail. He added the property owner, William Buckley, had
owned the underlying land since 1998 while the City owned the overlaying fire and
pedestrian easement, and that the applicant was now requesting complete abandonment of
the easement.
After departmental review, the Fire Department determined the streets and number of
houses within the tract met all past and present standards and did not require a second
ingress and egress through the development. Public Works Department also analyzed the
request and found a 10-foot portion of the easement could be abandoned with the condition
that a minimum of ten-feet be reserved for pedestrian access. Although the minimum
standards would be met, stated Mr. Vukojevic, comfort and convenience were additional
policy items that could be considered in this case
He pointed out Windsor Terrace Homeowners Association, the applicant's homeowners
association (HOA), had raised concerns about the abandonment including being deprived of
reasonable ingress and egress in an emergency, the rise in the HOA insurance, as well as
the elimination of a pedestrian access and requested the City retain the existing easement.
Mr. Vukojevic pointed out Council could deny or approve the requested abandonment, but if
approved, staff recommended a 10 foot portion of the easement be reserved for pedestrian
use and that the applicant be responsible for all legal documentation in processing the
abandonment and to bond for and construct the necessary improvements to properly
abandon the easement. As typically done, he noted, the abandonment would occur only
after the imposed conditions were satisfied.
Council Member Sidhu questioned who paid property taxes on the easement; Mr. Vukojevic
remarked the property owner would most likely pay the taxes, however, if arrangements were
made with the tax assessor, the City was not privy to that information. He added the Tax
Assessor's office was called and was not able to verify whether or not taxes were being paid
on that portion of the land and also pointed out there was a process where the property
owner could request to have that easement deducted from the property bill. Council Member
Sidhu asked who maintained the easement and whether City records showed why there was
a need for the easement. Mr. Vukojevic indicated the HOA maintained the easement and
from staff's review of the record, there was no evidence of the City's involvement related to
the easement. There was a comment as to the grade of the development but nothing that
addressed whether there was a need for access. Council Member Sidhu asked if the
remaining 10 foot easement was a steep grade for pedestrians and Mayor Pringle
questioned setback requirements for that area. Natalie Meeks, Public Works Director, stated
the grade was not steep and there were no plans to change the grade of the easement. Ms.
Meeks indicated there had been no assessment or measurement of property line as the
property owner chose not to incur that expense until he had more assurance the
abandonment would move forward.
Mayor Pringle opened the public hearing.
Steve Sheldon, representing applicant William Buckley, stated Mr. Buckley did pay taxes on
the easement. He added the home was built as a zero lot line and Mr. Buckley owned the
City Council Minutes of January 13, 2009
Page 13 of 20
underlying fee title up to the edge of the home and the homeowner owned the easement to
allow for maintenance on the home. He added Mr. Buckley paid insurance on his property
and assumed the risk and liability for the easement and while the HOA maintained that area,
if any negligence occurred, the homeowner had primary liability for that site. He pointed out
the easement was an anomaly; it was not identified in the CC&R's as common area, was not
identified in the HOA insurance policy, was not identified as a maintenance area and was not
a lighted pedestrian walkway. He added there were various other pedestrian pathways for
ingress and egress and recommended a compromise. The applicant suggested if the HOA
wanted to retain the easement, they should pay for it, take it under their ownership and
amend the CC&R's to include the site and to pay for the drafting of legal description and
public improvements as well as construct a wall.
Mark Burrell, Windsor Terrace resident, indicated he was on the Board of Directors of the
HOA and that the last minute attempt by the applicant to meet with the Board could not be
accomplished as the attorneys were not available and recommended the Board not meet
without them. He added all Windsor Terrace homeowners had easement against their
property, due to the topography of the development, and that those easements were
designated either for maintenance or for the use of others. He added that was part of the
agreement homeowners received for the benefits of a shared community. He opposed
abandonment of the easement stating this homeowner understood the easement when the
home was purchased, it was necessary for emergency access and the abandonment should
not be granted for the benefit of one.
Gary Martin, Windsor Terrace resident, opposed granting the abandonment stating the
information provided by the applicant was not compelling enough to take action to close an
emergency fire and pedestrian access.
Alma Sergeant, Windsor Terrace, stated from her location, the easement was her only
emergency access and that she had used it twice during incidents.
Richard Castro, Windsor Terrace resident, was in support of the abandonment stating if Mr.
Buckley had been paying taxes on this property, he assumed property rights and should be
granted the property.
David Pickett, Windsor Terrace, stated the Board of Directors of the HOA were unanimously
opposed to granting the abandonment and residents were opposed as well. He cited a
petition in which 81 percent voiced their opposition. He added the request should be denied
based on fire hazard, on a technical procedural basis and because it was not equitable to the
community.
Mayor Pringle questioned the validity of technical issue comment made and Natalie Meeks
responded it was the applicant who requested complete abandonment of the easement and
had provided a tract map which clearly showed the easement fulfilling procedural
requirements. It was then staff's recommendation to abandon half the easement and the
applicant chose not to expend monies to determine property lines until he had some
assurance of getting the easement, therefore, there was no procedural basis for concern.
Paul Beckman, Director of Anaheim Hills Master HOA, representing 39 sub associations
(including Windsor Terrace), remarked the homes were built by Warmington almost 30 years
ago as a planned unit community. The development reflected zero lot lines and Warmington
had established the tract map for the benefit of the community and it should remain as is.
City Council Minutes of January 13, 2009
Page 14 of 20
Wayne Fisher, Windsor Terrace, stated the easement contained the HOA's sprinklers and
was clearly a maintenance area and he encouraged it be retained. Mayor Pringle questioned
if the HOA felt there was a legal obligation to provide maintenance; Mr. Fisher indicated the
HOA always felt that way and that it was shown on the landscaped map to have the HOA
sprinkler system in place. Mayor Pringle asked Mr. Fisher if he the felt the homeowner had
any liability for that area, to which Mr. Fisher replied he believed all the homeowners had
shared liability for that area.
Terry Wong, Windsor Terrace resident, stated the HOA should assume liability for that area,
not the neighbors.
Pete Boss, Windsor Terrace resident, emphasized regardless of what action was taken, the
HOA was obliged to continue to maintain that area and if there was a liability issue, the
homeowner would be covered by the HOA. Mayor Pringle pointed out the issue was whether
or not the City needed that easement, and that as the owner of that easement, would have
some legal obligation on that site.
Sonya Greywahl, resident, asked if planning staff was involved in reviewing the history of this
development. Natalie Meeks responded staff had worked with the Planning Department to
look at the conditions of approval of the tract map and there were no specific condition of
approval related to this easement.
Anwar Goldstein, president of Windsor Terrace HOA, stated the organization would agree to
indemnify the City and hold them harmless for any injuries on this easement and would also
add the City as additional insured on the liability insurance. He pointed out the streets within
Windsor Terrace were undersized so there was a definite need for that easements. Mayor
Pringle asked Chief Smith if he took into consideration street size. Chief Smith responded
the fire prevention and operational staff performed site visits and looked at street size before
making their determination.
Allen O'Brien, part of the Anaheim Hills Planned Community Association, asked if anyone
considered the option of deeding this easement to Windsor Terrace association.
Mayor Pringle closed the public hearing, with no other comments offered, and asked the
applicant to provide rebuttal or answer questions.
Steve Sheldon, applicant's representative, responded this area was different from unused
slopes in private resident's back yards. He added Mr. Buckley would work with the
association to construct a fence in keeping with the community character. He indicated the
homeowner would prefer to abandon the entire easement but would work with them on a
compromise to retain half of the easement if the HOA paid for their share.
Mayor Pringle remarked he understood the issues and had received emails and information
from Windsor Terrace residents on this matter. He felt this was really an issue between a
private property owner and the homeowners association and that if he were forced to vote
today, he would vote for complete abandonment of the easement by the City as City
departments indicated it was not necessary and it was in the City's best interests to do so.
He recommended this item be continued to allow both parties to seek another option as a
solution and to remove the City from the dispute. Council Member Sidhu concurred in that if
the City made a decision today, it would not solve the problem between the two parties and
moved to continue this item to the meeting of March 10, 2009 to allow for further
negotiations. Mayor Pringle requested the City Attorney to review whether the City could
City Council Minutes of January 13, 2009
Page 15 of 20
deed the easement to the HOA as an option which would provide leverage on both sides
when discussing solutions. Council Member Hernandez seconded the motion to continue
this item to the meeting of March 10, 2009. Roll call vote: Ayes - 5; Mayor Pringle, Council
Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
25. This is a public hearing to determine the public interest and necessity to acquire and
P121 authorize the condemnation of certain real properties for the Gene Autry Way
(West)/I-5 HOV Interchange project, for the following two city locations: (1) 1949
South Manchester Avenue (2) 2001-2025 South Manchester Avenue.
RESOLUTION N0. 2009-010 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 1949 South Manchester Avenue for the Gene Autry
Way (West)/I-5 HOV Interchange project (R/VV ACQ 2003-00160 and 00162).
RESOLUTION N0. 2009-011 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 2001-2025 South Manchester Avenue for the Gene
Autry Way (West)/I-5 HOV Interchange project (R/W ACQ 2003-00161).
Natalie Meeks, Public Works Director, stated there were two resolutions in this item
identifying two sites for acquisition of right-of-way necessary for the construction of the Gene
Autry Way I-5 HOV Interchange project which would provide a new east/west six lane
roadway extending Gene Autry Way from the I-5 HOV interchange to just west of I-5. The
project was paired with a highway project to extend Gene Autry from this point to Haster
Street. Together, she noted, these projects would improve access to the Anaheim Resort
area, the Platinum Triangle and the I-5 HOV lanes. She added Haster Street at Gene Autry
Way would also be widened to six lanes providing adequate traffic capacity between Gene
Autry and Katella Avenue and that this project had been planned and underway for a number
of years.
Ms. Meeks reported staff had acquired property for most of the parcels necessary for the
project and were working to finalize the right of way to move forward with the construction.
Offers had been made on the properties early in the process to allow ample time for
relocation and negotiations and she emphasized it had been the City's objective to
accommodate the various needs of the impacted residents in the mobile home parks and find
suitable replacement housing. During this time, she explained, funding difficulties continued
to impact the ultimate schedule for construction but staff continued to communicate with the
property owners in an effort to reach settlement. For these two sites, settlement had been
unsuccessful to date. She noted all tenants on the property in the acquisition area had been
relocated. On October 23, 2008, the City received a letter from the attorney for the property
at 1949 South Manchester representing the Del Ray Mobile Home Park requesting the City
move forward with the acquisition through a resolution of necessity and staff was now
recommending Council adopt the resolutions of necessity for both of these properties to
advance the acquisition and insure possession of the properties before construction.
Mayor Pringle opened the public hearing inviting testimony for the parcel located at 1949
South Manchester. With no comments offered, the hearing was closed.
Council Member Galloway asked if there was opposition to this action with Ms. Meeks
responding the tenants had been relocated, the owners understood the project was moving
City Council Minutes of January 13, 2009
Page 16 of 20
forward and recommended going through this process to work out the value of the land in
court. Dave Cosgrove of Rutan & Tucker stated staff had been in contact with property
owners and did receive a letter in October from Del Ray soliciting the City move forward with
the resolution of necessity. They had not heard anything further from that owner contrary to
that position and had received no response from 2001-2025 South Manchester. He
explained this action clarified the property owner's tax positions with respect to certain capital
gains protection. Council Member Galloway asked for clarification; Mr. Cosgrove stated
when property was taken in eminent domain and depending on the various circumstances of
the individual property owners, the proceeds from the sale could be reinvested without
capital gains taxation.
Mayor Pringle moved to approve RESOLUTION N0. 2009-010 OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of
portions of property located at 1949 South Manchester Avenue for the Gene Autry Way
(West)/I-5 HOV Interchange project, 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 opened the public hearing inviting testimony for the parcel located at 2001-
2025 South Manchester. With no comments offered, the hearing was closed.
Mayor Pringle moved to approve RESOLUTION N0. 2009-011 OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of
portions of property located at 2001-2025 South Manchester Avenue for the Gene Autry Way
(West)/I-5 HOV Interchange project, seconded by Council Member Hernandez. Roll Call
vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu.
Noes - 0. Motion Carried
26. CEQA NEGATIVE DECLARATION
C280 RECLASSIFICATION N0.2008-00215.
VARIANCE NO. 2008-04749.
TENTATIVE PARCEL MAP N0.2006-229
OWNER: Amanik, Inc., 603 Seagaze Drive, #759,
AGENT: Halladay & Mim Mack, Inc., 1181 California Avenue, Suite 102, Corona,
CA 92881
LOCATION: 7260 Canyon Rim Road: This property is approximately 1.06 acres,
having a frontage of 542 feet on the south side of Canyon Rim Road approximately
92 feet west of the centerline of The Highlands.
Request to establish a 3-lot, 3-unit single-family detached residential subdivision.
This project requires approval of the following actions: Reclassification No. 2008-
00215 -reclassification of the subject property from the Transition (T) Zone to the
Single-family Residential (RS-3) Zone; Tentative Parcel Map No. 2006-229 - to
establish a 3-lot, 3-unit detached residential subdivision; Variance No. 2008-04749 -
to permit vehicular access on an arterial highway (Canyon Rim Road) where
vehicular access is not permitted and permit parcels with lot depths less than 150
feet.
ACTION TAKEN BY THE PLANNING COMMISSION:
VOTE: 5-1 (Commissioner Agarwal voted no and Chairman Karaki absent) on the
following items:
Approved CEQA Negative Declaration
City Council Minutes of January 13, 2009
Page 17 of 20
Approved Reclassification No. 2008-00215 (Resolution No. PC2008-106).
Approved Variance No. 2008-04749 (Resolution No. PC2008-107).
Approved Tentative Parcel Map No. 2006-229 (Resolution No. PC2008-108)
(Planning Commission meeting of October 27, 2008)
(Appealed by Anaheim Hills Planned Community Association)
(Re-noticed from the Council meeting of December 16, 2008, Item No. 57)
MOTION: HIS CEQA Negative Declaration
RESOLUTION NO. 2009-012 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM finding and determining that the zoning map referred to in
Title 18 of the Anaheim Municipal Code should be amended and that the boundaries
of certain zones should be changed (Reclassification No. 2008-00215).
ORDINANCE NO. 6127 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending zoning map referred to in Title 18
of the Anaheim Municipal Code relating to zoning (Reclassification No. 2008-00215).
RESOLUTION NO. 2009-013 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Variance No. 2008-04749.
RESOLUTION NO. 2009-014 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Tentative Parcel Map No. 2006-229.
Sheri Vander Dussen, Planning Director, stated on October 27, the Planning Commission
approved the applicant's request for a subdivision to create three residential parcels on this
property. The Commission also approved the request to rezone the property from the
transition zone to the single family residential and a variance to permit the new parcels to
have lot depths between 5 and 120 feet where the code required a minimum lot depth of 120
feet.
An appeal to the Commission's decision was filed by Anaheim Hills Planned Communities
Association expressing concern that the proposed development would utilize an existing
service road for vehicular access and that the development did not provide street parking.
She pointed out that new residents would use a private road, not the existing surface road
and that no parking was permitted by Code on the proposed private road because of its
width. She added the project exceeded code parking requirements by providing 18 spaces
when only 12 were required. The appeal also stated granting a variance gave the property
owner a privilege not extended to others in the area and that the homes on Lot 1 would be
located too close to Canyon Rim Road. The appeal also objected to the use of retaining
walls and stated the project was not consistent with the findings of the Subdivision Map Act.
Ms. Vander Dussen responded that the property was unique in shape and topography and
that the variance did not grant a special privilege but allowed development with single family
homes at a density consistent with the General Plan. She added the retaining walls were
necessary to stabilize the slopes and provide building pads for the homes and the private
street and would not be visible from Canyon Rim Road. To obscure visibility from other
views, the walls would be stair stepped and landscaped. She noted that Lot 1 was oriented
with side yard adjacent to Canyon Rim Road and the side yard setback of seven feet was
consistent with similar side yard setbacks in the property across Canyon Rim Road. Lastly,
she stated staff believed findings by the state Subdivision Map Act could be made as the
proposed subdivision was consistent with density, goals and policies of the general plan and
City Council Minutes of January 13, 2009
Page 18 of 20
recommended Council uphold Planning Commission's approval of the development
application.
Mayor Pringle opened the public hearing for comment.
Hamid Nikkho, property owner, stated he purchased the land with the intention to build
homes for his own use and two other business partners. Since the property was located on
a hillside and unique in shape, he and his architect worked closely with staff to design the
site to meet City code. He pointed out the General Plan permitted up to six homes on this
site; however, he proposed to build three and parking requirements had been exceeded by
six spaces. The home would follow the topography of the land and the stair-stepped
retaining walls were designed to be obscured once landscaping growth filled in. He pointed
out that he was willing to cooperate fully with the HOA organization but would not join the
association at this time.
Paul Beckman, resident and board member of the AHPCA, opposed the project stating it
would alter the look and feel of the established community and would be an infill
development in an existing 30 old community with extensive use of open space areas and
generous landscaped slopes offsetting impacts of grading. He pointed out AHPCA
encompassed the entire area on Canyon Rim, stating this development was within the
sphere of influence of the association and the association had not been aware of the overall
design concepts until the Wednesday before the Planning Commission. Due to lack of
notice, the principal HOA that directly abutted this project was never notified.
Dale White, member of HOA for Rim Crest Villas, expressed concern that 24 residents were
not given proper notice before the Planning Commission meeting. His main concern related
to traffic impacts and safety issues on Rim Crest Drive. C.J. Amstrup, Planning Manager,
explained there had been an error in the data collection process from the County Assessor's
office and condominium residents had been excluded. He added there would not be a legal
ramification from this error as proper notice had been given for this meeting on January 13tH
Ron Chopro, resident, supported this project, stating it was one of the better designs for this
site.
Nasser Ahmadi, partner in this project, stated no one was enjoying this lot as an open area
and that it was an abandoned eyesore. As legal owners, he and his partners were building
homes in which to live and the design had followed the hillside topography. He stated all of
the issues raised in the appeal had been addressed during the design phase and the homes
would be built to City code and had received Planning Commission approval.
Margaret Lazenheimer, resident, opposed the project citing speeding traffic concerns and
impaired views for her and Rim Crest Villa residents.
The public hearing was closed with no other comments offered
Hamid Nikkho, applicant, stated all city rules and regulations on setback have been met, the
slopes must be stabilized in order to build homes and he believed with the design of the
project, views would not be impaired.
Mayor Pringle discussed the landscaping on the front portion of the property along Canyon
Rim to obscure views of the home. CJ Amstrup remarked the parcel along Canyon Rim
Road was five feet below and with the sidewall (obscured for graffiti purposes with trees and
City Council Minutes of January 13, 2009
Page 19 of 20
vining), there would be view of the home, other than the roof line, from Canyon Rim Road.
Mayor Pringle ascertained from the property owner that he was not considering joining the
master HOA as he did not wish to be subject to new rules and regulations relative to the
design of his home, but pointed out he would work cooperatively with the association to
address any concerns. Further discussion revealed the property owner would establish
CC&R's for his property to insure it was well maintained. Another discussion with Mr.
Beckman reflected the Association was interested in having this property included in their
organization. Mr. Beckman further stated that the rules were fairly simple and they wanted to
insure the plans did not deviate significantly from the living conditions of the surrounding
homes and that RV parking would not be provided on the parcel. Mr. Nikkho pointed out he
had met with the Association and explained he would put their concerns in his development's
CC&R's.
Council Member Hernandez moved to approve the CEQA Negative Declaration and to
approve RESOLUTION NO. 2009-012 OF THE CITY OF ANAHEIM finding and
determining that the zoning map referred to in Title 18 of the Anaheim Municipal Code should
be amended and that the boundaries of certain zones should be changed, to introduce
ORDINANCE NO. 6127 OF THE CITY OF ANAHEIM amending zoning map referred to in
Title 18 of the Anaheim Municipal Code relating to zoning, to approve RESOLUTION NO.
2009-013 OF THE CITY OF ANAHEIM approving Variance No. 2008-04749 and to approve
RESOLUTION NO. 2009-014 OF THE CITY OF ANAHEIM approving Tentative Parcel Map
No. 2006-229, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5: Mayor Pringle
and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried
Report on Closed Session Actions:
Mayor Pringle reported that the City Council unanimously voted (5-0) to take no further legal
action in the case of City of Anaheim v. Angels Baseball, L.P.
Council Communications:
Council Member commended Anaheim Beautiful and President Pat Pina for their work on the
betterment of the City. He reminded fire victims of the January 20, 2009 deadline to submit
for federal and state assistance through FEMA and commended the Anaheim Community
Foundation and Terry Lowe, Director of Community Services, for their work in assisting fire
victims. As a follow-up to his request to create a special needs commission, he
recommended the creation of a taskforce and requested the participation of Council Member
Kring. He also thanked all volunteers who participated in the decoration of the City's Rose
Parade float.
Council Member Galloway wished everyone a Happy New Year and requested the
appointment to the Orange County Water District be placed on the next agenda.
Council Member Kring wished everyone a Happy New Year and congratulated staff on the
opening of Maxwell Park expansion,
Council Member Sidhu spoke of the Maxwell Park expansion dedication and his attendance
at the oath of office for Orange County Supervisors Bill Campbell and Janet Nguyen. He
announced the graduation banquet for Youth Leadership of America on January 22, 2009
and the State of the City luncheon slated for January 27, 2009.
City Council Minutes of January 13, 2009
Page 20 of 20
Mayor Pringle thanked all involved in the City's 2009 Rose Parade float and requested the
City continue to participate in that event with the assistance of private funding. Mayor Pringle
reported that the 13th Marine Expeditionary Unit was deployed on January 9, 2009 and that
updates and fundraisers in support of the 13th MEU could be found at www.anaheim.net
Adjournment
With no further business, Mayor Pringle adjourned the January 13th meeting at 10:36 P.M.
Resp ully submitted,
Linda N. Andal, CMC
City Clerk