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2009/07/21 ANAHEIM CITY COUNCIL REGULAR MEETING OF JULY 21 2009 The July 21, 2009 City Council meeting was called to order at 2:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned meeting of July 21, 2009 was called to order by Mayor Pringle at 4:11 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on July 17, 2009 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, and Harry Sidhu.' Excused Absence: Council Member Kring STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City Clerk Linda Andal. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None The City Council adjourned to closed session to consider the following items: CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Priceline.com Inc. et al v. City of Anaheim et al, Orange County Superior Court, Case No. 30 -2009 00244120 and related cases. 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Oscar Mendez et al. v. City of Anaheim et al, Orange County Superior Court, Case No. 06CCO3200. 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the Government Code) Agency Negotiator: Kristine Ridge Employee Organizations: International Brotherhood of Electrical Workers, Local 47 (IBEW), Anaheim Police Association and Anaheim Fire Association. At 5:02 P.M. City Council returned from closed session for the remainder of the agenda. Invocation: Pastor Mark Bove, Calvary Chapel Anaheim Flag Salute: Council Member Harry Sidhu Presentation: Recognizing the 100 Anniversary of the Hirahara Family Jane Newell, Library Services Manager, announced the new Muzeo Exhibit, 100 Years Four Generations, Bridging the Past and Present, a celebration of the Hirahara Family. Mary City Council Minutes of July 21, 2009 Page 2 of 12 Hirahara expressed appreciation to the City for recognizing her family's contributions to Anaheim. ADDITIONS /DELETIONS TO THE AGENDA: Staff requested Item No. 16 be continued to July 28, 2009. PUBLIC COMMENTS (all items except public hearings): William Fitzgerald, resident, opposed the Hirahara family recognition and its association with Disney Corporation. Amber Burkhart, Cliffrose resident, offered a brief summary of the neighborhood history related to negative traffic impacts and encouraged approval of Item No. 10, a proposed temporary closure of Cliffrose Street at Lincoln as a trial traffic calming measure. Linda Rose, OCCO, spoke of the recent forum held at San Antonio Catholic Church to encourage renewal of the affordable housing strategic plan, and thanked Council Members Galloway and Hernandez for their support. CONSENT CALENDAR: Mayor Pringle removed Item No's 6 and 9 from the consent calendar for further discussion and noted that Item No. 16 had been continued to July 29, 2009, at the request of staff. Council Member Hernandez pulled Item No's. 5, 7, 8, 10, and 21 and Council Member Galloway pulled Item No's. 19 and 23. Council Member Sidhu waived reading in full of all ordinances and resolutions on the balance of the consent calendar and moved to adopt the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the Consent Calendar, seconded by Council Member Galloway. Roll Call Vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez, and Sidhu. Noes 0. Excused Absence 1: Council Member Kring. Motion Carried. 1. Receive and file the minutes of the Community Services Board meeting of May 14, B105 2009, Senior Citizens Commission meeting of May 14, 2009, Cultural and Heritage Commission meeting of May 21, 2009, Public Utilities Board meeting of May 27, 2009 and the Public Library Board meeting of June 8, 2009. 2. Appoint Sandra Estrada, Mary Ellen Smith, Martin Lopez, Ernie Oviedo and Christine B105 Terry to the Anaheim Workforce Investment Board representing business and certain public sector agencies to a four year term, ending July 20, 2013. 3. Authorize the Purchasing Agent to issue purchase orders, in an amount not to exceed D180 $1,936,000 (plus applicable taxes), for various City replacement vehicles, increase the Fiscal Year 2009/2010 Fleet Services Automotive Equipment budget by $151,100, to include a ten percent contingency for unexpected costs associated with these vehicle purchases, for the replacement of vehicles severely damaged in accidents, and two replacement Police vehicles that were identified after the budget had been approved. 4. Accept the low bid and approve an agreement with Marina Landscape, Inc., in an 2728.II amount not to exceed $1,287,842, for landscape maintenance services for the east sector of the Anaheim Resort for a two -year period with three one -year optional City Council Minutes of July 21, 2009 Page 3 of 12 renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #7286. 11. Award a Master Agreement to Arizona Pipeline Company, Asplundh Construction 4778.B 5786 Corp., City Light Power, Inc., E.E. Electric, Inc., Hampton Tedder Electric 4777.A 2736.B Company, Henkels McCoy, Inc., Miron Electric Construction Corp., PAR Electric Contractors, Inc., Petrelli Electric, Inc., and Pouk Steinle, Inc. for electrical utility 4775.A 5787 construction, maintenance, repair and immediate response, waive any irregularities in 5785 2735.B their documents and authorize the Public Utilities General Manager to execute the 4776.A agreements and other related documents and take any and all actions necessary to 2737.B implement and administer the agreements. 12. Approve the Settlement Agreement and Waiver of Claims with Western Dental 5788 Services, Inc., in the final settlement payment amount of $300,000 (plus statutory interest), for property located at 1696 West Katella Avenue for the Katella Avenue Smart Street project, Ninth Street to Humor Drive (R/W ACQ2004- 00205). 13. Approve the Reimbursement Agreement with the City of Garden Grove for landscape 5037.1 maintenance services for a portion of the Katella Avenue Smart Street project. 14. Approve the Reimbursement Agreement with the County of Orange for landscape 5789 maintenance services for a portion of the Katella Avenue Smart Street project. 15. Approve the Agreement for Acquisition of Real Property Easement Taking and 5790 Temporary Construction Easement with Jason Sobhi Abboud and Sophie Abboud, in the total settlement amount of $4,650, for property located at 711 East Sycamore Street for the Rail- Highway Grade Crossing Safety Enhancement project (R/W ACQ2009- 00335). 16. Approve an agreement with Anaheim Gateway Partners a Joint Venture, in an 5791 amount not to exceed $7,768,254, to provide program management consultant services for the ARTIC project, increase the Public Works FY 2009/10 revenue and expenditure appropriations accordingly, waive Council Policy 4.1, award the contract to the most qualified responsible bidder and authorize the Director of Public Works to take such actions as are necessary to implement the contract on behalf of the City. This item continued to July 28, 2009 no action taken. 17. Approve the First Amendment to Agreement with Massachusetts Institute of 5451.1 Technology (MIT) on behalf of Lincoln Laboratory, granting MIT and /or Lincoln Laboratory the right to enter Anaheim facilities for the purpose of conducting tests necessary for the design and installation of detection systems for an additional one year extending the term through September 30, 2010. 18. Approve an agreement with the Savanna Elementary School District to continue 5576.A providing Park Ranger patrols of school facilities. 20. Approve and authorize the Chief of Police to execute a contract upon review and 5792 approval of the City Attorney, with Systems Research and Applications Corporation, in an amount not to exceed $400,000, for intelligence analyst services and authorize City Council Minutes of July 21, 2009 Page 4 of 12 the Chief of Police to submit the reimbursement request and receive the monies from the Anaheim /Santa Ana UASI on behalf of the City. 22. Approve and authorize the Public Utilities General Manager to execute the long -term 5793 Power Purchase Agreement with Shoshone Preston LLC with any revisions that are in substantial conformance with the agreement, take such actions as are required to implement and administer the agreement, including the purchase and /or reservation of transmission service under the agreement for the purchase of 32 megawatts of geothermal renewable energy, certify the agreement complies with the California Energy Commission's (CEC) greenhouse gases Emission Performance Standard (EPS) as enumerated in Senate Bill 1368, and authorize the Public Utilities General Manager to execute the documents required to comply with proposed CEC regulations or successor legislation and statutes related to greenhouse gases EPS. 24. RESOLUTION NO. 2009 -120 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. 25. RESOLUTION NO. 2009 -121 A RESOLUTION OF THE CITY COUNCIL OF THE D175 CITY OF ANAHEIM authorizing the destruction of certain city records more than two years old (Department of Public Works). 26. RESOLUTION NO. 2009 -122 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. 11291 and 11292). 27. RESOLUTION NO. 2009 -123 A RESOLUTION OF THE CITY COUNCIL OF THE D154.5 CITY OF ANAHEIM approving a Letter of Understanding between the International Brotherhood of Electrical Workers, Local 47 and the City of Anaheim. 28. RESOLUTION NO. 2009 -124 A RESOLUTION OF THE CITY COUNCIL OF THE D160 CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application, on behalf of the City of Anaheim, to the U.S. Department of Justice, Bureau of Justice Assistance to participate in the FY 2009 -10 Bulletproof Vest Partnership Grant Program, authorizing the Chief to execute all required grant documents, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2009 -10 accordingly. 29. RESOLUTION NO. 2009 -125 A RESOLUTION OF THE CITY COUNCIL OF THE D160 CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim with the State of California, Office of Traffic Safety [OTS], authorizing the Chief to execute all required grant documents, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2009 -10 accordingly. 30. RESOLUTION NO. 2009 -126 A RESOLUTION OF THE CITY COUNCIL OF THE D160 CITY OF ANAHEIM authorizing the Chief of Police, or his designee, to submit a grant application on behalf of the City of Anaheim, with the State Emergency Management Agency (CALEMA), an American Recovery and Reinvestment Act of 2009, Sexual City Council Minutes of July 21, 2009 Page 5 of 12 Assault Specialized Response Unit Program, authorizing the Chief to execute all required grant documents, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2009 -10 accordingly. 31. ORDINANCE NO. 6148 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE CITY 0154 OF ANAHEIM authorizing an amendment to the contract between the City of Anaheim and the Board of Administration of the California Public Employees' Retirement System (Introduced at Council meeting of June 23, 2009, Item No. 37). 32. ORDINANCE NO. 6149 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM M142 adding a new Subsection .080 to Section 4.64.030 of Chapter 4.64 of Title 4 of the Anaheim Municipal Code relating to Secondhand Dealers and Pawnbrokers (Introduced at Council meeting of June 23, 2009, Item No. 38). 33. ORDINANCE NO. 6150 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM M142 amending Title 6 of the Anaheim Municipal Code relating to the California Unified Hazardous Waste and Hazardous Material Management Regulatory Program (Introduced at Council meeting of June 23, 2009, Item No. 39). 34. Approve minutes of the adjourned regular meeting of June 9, 2009 held on June 19, 2009 and the meetings of June 23, 2009. END OF CONSENT: 5. Approve Contract Change Order No. 1 in favor of Great West Construction, Inc., in 5783 the amount of $351,000, for the City Hall West Refurbishment. Council Member Hernandez pulled this item to discuss City Hall West in general, but mentioned such was unrelated to action on this item. Council Member Hernandez recommended a name change for City Hall West, indicating it was confusing to have two City Hall designated buildings. Mayor Pringle concurred and recommended staff poll council members and return with options for Council to consider. Council Member Hernandez then moved to approve Item No. 5, seconded by Council Member Galloway. Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence 1:Council Member Kring. Noes 0. Motion Carried. 6. Approve the Employment Agreement with Thomas J. Wood for services as City 5784 Manager. Mayor Pringle remarked Council had unanimously voted to hire Tom Wood as City Manager and this item was to approve his employment contract and then moved to approve Item No. 6, seconded by Council Member Hernandez. Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence 1:Council Member Kring. Noes 0. Motion Carried. 7. Approve the policy guidelines of the Rental Assistance for Families in Transition 0155 Program. City Council Minutes of July 21, 2009 Page 6 of 12 Council Member Hernandez asked for a brief staff report of this item to bring it to the attention of the community. Elisa Stipkovich, Executive Director of Community Development, explained this program had received funding through the Federal Economic Recovery and Stimulus Act of 2009 in the amount of $2,406,908 for homeless prevention and rapid re- housing. Staff had renamed the program Rental Assistance for Families in Transition as its purpose was to help those who recently became homeless for a temporary period up to 18 months. The object here, she explained, was to help families become re- employed and off the rental assistance program as quickly as possible. Staff was also recommending that $300,000 be set aside for non- profit organizations to assist with the administration case work and re- evaluations which were required every three months. Council Member Hernandez queried whether preference was given to Anaheim residents or employees and Ms. Stipkovich responded assistance would be on a priority basis to those that currently lived or worked in Anaheim or had recently lived or worked in Anaheim but were now homeless. Council Member Hernandez moved to approve Item No. 7, seconded by Council Member Sidhu. Council Member Galloway asked for timelines with Ms. Stipkovich remarking the plan was to issue request for proposals within the next couple of weeks to nonprofits that work in homeless prevention programs with the goal of returning to Council for contract approval. Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence 1: Council Member Kring. Noes 0. Motion Carried. 8. Determine, on the basis of the evidence submitted by Anaheim GW, LLC, that the D159 property owner has complied in good faith with the terms and conditions of Development Agreement No. 99 -01 for the 2008 -2009 review period for the Anaheim GardenWalk project in the Anaheim Resort. Sheri Vander Dussen, Planning Director, reported Council had approved a development agreement in April of 2006 with Anaheim GW, LLC and pursuant to state law, Council was required to review the agreement annually to determine whether terms and conditions of the agreement had remained in compliance. She stated staff, after review, concluded the applicant had complied with conditions of the development agreement. Council Member Hernandez moved to approve Item No. 8, seconded by Council Member Sidhu. Roll Cali vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence -1: Council Member Kring. Noes 0. Motion Carried. 9. Lay on the table, the proposed ordinance finalizing Zoning Code Amendment No. Item Withdrawn 2008 -00076 and, in lieu of the zoning code amendment, direct staff to use from agenda enforcement tools and strategies to reduce parking impacts related to "office use only" automobile sales facilities (Continued from Council meeting of May 19, 2009). After some discussion on whether it was necessary to take action on this item since tabling it would indicate the item would return at some future date, Mayor Pringle withdrew the item, with no objections from Council. City Council Minutes of July 21, 2009 Page 7 of 12 10. Approve a 90 -day trial closure of Cliffrose Street at Lincoln Avenue as a temporary D175 traffic calming measure. Natalie Meeks, Public Works Director, explained the Cliffrose neighborhood had used the neighborhood toolbox process to find a solution for traffic impacts in their neighborhood. She indicated the community brought the issue forward, the Neighborhood Traffic Committee developed a plan to address the cut through traffic identified in that neighborhood and proposed a temporary closure for 90 days as a trial measure. Mayor Pringle asked how staff would assess the trial closure and Ms. Meeks responded staff would monitor the performance of the intersections, meet with the community again for comments and consider permanent closure if the trial was successful. Council Member Hernandez moved to approve Item No. 10, seconded by Council Member Galloway. Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence 1: Council Member Kring. Noes 0. Motion Carried. 19. Approve and authorize the Chief of Police to accept the donation of a narcotics D160 detection canine as property received from the Friends of the Anaheim Police K9 Association (501(c)(3) tax organization). Police Chief, John Welter reported approval of Item 19 would accept the donation of a narcotics detection canine from the Friends of the Anaheim Police K9 Association, a non- profit agency which had raised $5,000 in private funds to purchase the animal. He indicated the on -going costs associated with caring for the dog would be covered by the Police Department using narcotic seizure funds. Council Member Galloway moved to approve Item No. 19, seconded by Council Member Hernandez. Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence 1: Council Member Kring. Noes 0. Motion Carried. 21. Approve and authorize the Public Utilities General Manager to execute an addendum 4664.1 to the original agreement with CaIINet Call Center Services, Inc. expanding services to include a call forwarding option for enhancement of emergency services. Marcie Edwards, Public Utilities General Manager, reported Item 21 was a strategy developed to improve services to customers under heavy call conditions while the Utilities Department continued to rehab and retrofit telecommunications. She explained under certain conditions of heavy work load or a power outage or in the case of emergencies, the Department could forward calls to an alternative call center located in Bloomington, Indiana. With the current contract, there was limit of 100 calls and after that customers would receive a busy signal. With this expanded service, she explained, a larger volume of customers would be served. Council Member Hernandez removed this item from the consent calendar to highlight the improved customer service offered and moved to approve Item No. 21, seconded by Council Member Galloway. Council Member Sidhu asked how operators provided information to callers. Ms. Edwards replied that the call service had received a number of scripts to cover City Council Minutes of July 21, 2009 Page 8 of 12 emergencies and frequently asked questions and also relayed information to the City through email. She indicated satisfaction level with the CaIINet Service was high and the issue was to balance that with the cost of having additional staff. Roll CaII vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence 1: Council Member Kring. Noes 0. Motion Carried. 22. Approve and authorize the Public Utilities General Manager to execute the First 5793 Amended Agreement with Adams Steel, LLC and SA Recycling, LLC to reflect the customer's new business entity, acknowledge payment in full of the costs to install added facilities, and extend the term of the agreement until an applicable rate schedule for electric service received at voltage levels greater than 50 kV is implemented. Council Member Galloway asked if this agreement was solely to address the name change from Adams Steel to SA Recycling. Marcie Edwards, Public Utilities General Manager, remarked that the original agreement with Adams Steel provided for construction of additional electrical facilities to allow for electrical service at a higher voltage level. The cost of that construction, she added, was fully recovered from Adams Steel by an additional monthly service charge. At the same time, a nine percent rate discount was given to reflect the reduction in cost to provide that service which created considerable savings for the City. She indicated this contract was ending and in order to extend the discount and address the name change, staff was requesting extension of the contract. Ms. Edwards added that the revised rates and rules regulations would address that discount and offer it Citywide, but as of this point in time, SA Recycling was the only company using a higher voltage level. Council Member Galloway moved to approve Item No. 22, seconded by Council Member Sidhu. Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence 1: Council Member Kring. Noes 0. Motion Carried. PUBLIC HEARINGS: 35. This is a public hearing to consider a Resolution to vacate a portion of Manchester P110 Avenue extending northerly from Orangewood Avenue. RESOLUTION NO. 2009 -127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of Manchester Avenue extending northerly from Orangewood Avenue (Abandonment No. ABA2005- 00111) Natalie Meeks, Public Works Director, reported at the time of 1 -5 widening, Manchester Avenue was realigned leaving a remnant piece of street right -of -way which remained vacant for many years and was being used for access for one developed property. Recently the surrounding property was acquired by the Anaheim Redevelopment Agency and proposed for development of affordable housing. She noted staff was recommending abandonment of the right -of -way to consolidate with rest of parcels and provide that development opportunity. Mayor Pringle opened the public hearing and receiving no comments, closed the hearing. Mayor Pringle asked how the dirt patch along Manchester would be addressed either as part of the affordable housing development or via City maintenance. He added as the City moved forward with the development process, he would like to see that strip of land landscaped and City Council Minutes of July 21, 2009 Page 9 of 12 maintained. Ms. Meeks responded the department could commit to landscaping that area if it was not part of the developer's project Council Member Hernandez moved to approve RESOLUTION NO. 2009 -127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of Manchester Avenue extending northerly from Orangewood Avenue, seconded by Council Member Galloway. Roll Call vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Excused Absence 1: Council Member Kring. Noes 0. Motion Carried. 36. CEQA- MITIGATED NEGATIVE DECLARATION (previously- approved) 3505 AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005 -00002 OWNER: Leslie Love, 1515 East Katella Avenue, LLC, 5 Park Plaza, Suite 1450, Irvine, CA 92614 AGENT: Nicolle Ferrier, Huitt Zollars, 430 Exchange, Suite 200, Irvine, CA 92602 LOCATION: 1761 and 1781 South Campton Avenue The applicant proposes an amendment to Development Agreement No. 2005 -00002 to extend the original approval date of June 15, 2010 to June 15, 2015. The Development Agreement authorizes construction of a 196 unit condominium development. Environmental Determination: A Mitigated Negative Declaration, which was previously- approved, has been determined to serve as the appropriate environmental documentation for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council approval of amendment to the Development Agreement with a modification to Condition No. 74 requiring the applicant to submit a fencing plan for approval by the Planning Director. The applicant would replace the chain link fencing along Katella Avenue with wood fencing. This fence would be located adjacent to the sidewalk, with no additional landscaping required. The fencing along Campton Avenue and Wright Circle would remain in the existing location, with no additional landscaping required (VOTE: 4 -1; Chairman Karaki and Commissioners Buffa, Faessel and Ramirez voted yes; Commissioner Agarwal voted no; Commissioners Eastman and Romero absent). MOTION: Find and determine that the previously- approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for this request. ORDINANCE NO. 6151 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) approving Amendment No. 1 to Development Agreement No. 2005 -00002 by and between the City of Anaheim and 1515 E. Katella Avenue Anaheim, LLC (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said amendment for and on behalf of the City. Sheri Vander Dussen, Planning Director, reported a development agreement for the Stadium Club project had been approved in June 2005 with a term of five years. This request would modify the term to 10 years resulting in expiration date of June 15, 2015. She indicated construction of the building had not started, however, the property had been cleared and surrounding site improvements including streets and parkways had been completed. In May of this year, the Planning Commission recommended Council approve extension of the agreement and also recommended two conditions of approval be added to address interim erosion and sediment control during the time period the site remained vacant and require the City Council Minutes of July 21, 2009 Page 10 of 12 existing chain Zink fence on Katella be replaced with a wooden fence similar to that on the A- Town Metro project across Katella. She stated the applicant requested deletion of the wooden fence requirement citing the chain Zink fence with screening met aesthetic requirements. Staff felt the wood fence was appropriate because of the project's prominent location on Katella and the long period of time that the site would remain vacant and recommended this condition be retained. Ms. Vander Dussen stated with the on -going market conditions and in Tight of the applicant's investment and their progress to date, staff recommended approval of the five year extension. Mayor Pringle opened the public hearing. Robert Sundstrom, with Huitt Zollars, representing the property owner, remarked the conditions of approval had been reviewed and there was no objection with the exception of the wooden fence requirement. He stated the existing chain Zink fence was eight feet, not the traditional chain link fence normally pieced together and was less apt to have graffiti and asked for Council's consideration on this aesthetic viewpoint. He noted all Katella Avenue parkway improvements and streetscape had been completed. With no other comments offered, the public hearing was dosed. Mayor Pringle remarked from his perspective, on windy days, the fabric screen pulled away from the chain Zink fence and began to deteriorate and believed installing a wooden fence was an appropriate trade -off for granting the additional five years and would insure this site did not look like a temporary construction site for that period of time. Council Member Galloway and Council Member Hernandez concurred in favor of a permanent fence. Council Member Sidhu indicated he would like to see the wood fence wrap around to the Bank of America site. There was discussion on this issue with Council Member Sidhu moving to find and determine that the previously- approved Mitigated Negative Declaration was adequate to serve as the required environmental documentation for this request and to Introduce Ordinance No. 6161 of the City of Anaheim including the condition to extend the wooden fence on Katella Avenue to wrap around to the edge of the Bank of America building and adding the provision that any graffiti on the chain Zink fence must be removed within 60 days, seconded by Council Member Galloway. Roll CaII Vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Noes 0. Excused Absence -1: Council Member Kring. Motion Carried. 37. CEQA- MITIGATED NEGATIVE DECLARATION (previously- approved) 3505 AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005 00003OWNER: Bob Linder, BRE Properties, 5141 California Avenue, Suite 250, Irvine, CA 92614 AGENT: Nicolle Ferrier, Huitt Zollars, 430 Exchange, Suite 200, Irvine, CA 92602 LOCATION: 1551 East Wright Circle The applicant proposes an amendment to Development Agreement No. 2005 -00003 to extend the original approval date of June 15, 2010 to June 15, 2015. The Development Agreement authorizes construction of a 255 unit apartment development. Environmental Determination: A Mitigated Negative Declaration, which was previously- approved, has been determined to serve as the appropriate environmental documentation for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council City Council Minutes of July 21, 2009 Page 11 of 12 approval of Amendment No. 1 to the Development Agreement with removal of Condition No. 74 (VOTE: 5 -0; Commissioners Eastman and Romero absent). MOTION: Find and determine that the previously- approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for this request. ORDINANCE NO. 6152 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) approving Amendment No. 1 to Development Agreement No. 2005 -00003 by and between the City of Anaheim and BRE Properties, Inc. (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said Amendment for and on behalf of the City. Sheri Vander Dussen, Planning Director, reported the item was similar to the prior agreement and was a request to extend the term of the existing development agreement five years with an expiration date of June 15, 2015. She stated the developer had not started construction with the building but had cleared the site and made some site improvements including the Campton Street landscaping. She noted the Planning Commission had imposed conditions regarding erosion and sediment control but did not require the installation of wooden fencing as the site was not visible from Katella Avenue. She added the same market conditions applied to this property and staff recommended extending the term of this development agreement as well. Mayor Pringle opened the public hearing. Robert Sundstrom, Huitt Zollars, on behalf of BRE properties, remarked the applicant agreed with all conditions. With no other comments offered, Mayor Pringle closed the hearing. Council Member Sidhu moved to find and determine that the previously- approved Mitigated Negative Declaration was adequate to serve as the required environmental documentation and to introduce Ordinance No. 6152 of the City of Anaheim approving Amendment #1 to the Development Agreement #2005- 00003approve, Council Member Galloway seconded. Roll Call Vote: Ayes 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Noes 0. Excused Absence 1: Council Member Kring. Motion Carried. Report on Closed Session Actions: None Council Communications: Mayor Pro Tem Hernandez reported on the opening of the Hirahara Family 100 Years Four Generations exhibit and attending the San Antonio Catholic Church forum on affordable housing held on Sunday, the 19 He also announced donations were being sought for the welcome home bags for the 13 MEU marines and sailors. Council Member Galloway discussed the San Antonio Catholic Church forum on affordable housing and thanked OCCO members and parishioners of San Antonio and Saint Boniface for their efforts. Council Member Sidhu thanked resident George Adams for sponsoring this year's 4 of July fireworks display and congratulated Public Utilities on receiving the American Public Power Association James D. Donovan Award. He also commended the Planning Department for City Council Minutes of July 21, 2009 Page 12 of 12 their continued efforts to improve the permitting process and announced Apollo's 40 anniversary would take place this week Mayor Pringle reported representatives from Governor Schwarzenegger's administration would attend the California Road to Recovery Conference at the Convention Center. He also announced Anaheim, in coordination with Angels Baseball, would be celebrating the dedication of the 2010 All Star Game and unveiling of the All Star game logo. He discussed the closure of Saint Anthony Claret School, offering his assistance for the relocation of students to a new school. He requested staff develop a proposal creating a Sister City Commission and requested the City Attorney develop a charter amendment to consider addressing the current concept design /build section of the Charter. Adjournment: At 6:52 P.M., with the consent of Council, Mayor Pringle adjourned the meeting. Res. ctf ly submitt-d, 10 Linda N. Andal, CMC City Clerk