2005/07/12ANAHEIM, CALIFORNIA
CITY COUNCIL REGULAR MEETING
July 12, 2005
The City Council of the City of Anaheim met in regular session for the meeting of July 12, 2005 at
3:10 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard.
PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob
Hernandez and Harry Sidhu.
STAFF PRESENT: Dave Morgan, City Manager, City Attorney Jack White, and City Clerk Sheryll
Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on July 8, 2005 at
the City Hall outside bulletin board.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Mayor Pringle recessed Council to closed session for the following items:
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of
Government Code Section 54956.9)
Name of case: City of Anaheim v. Angels Baseball, LP, et al., Orange County Superior
Court Case No. 050001902.
2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of
Government Code Section 54956.9)
Name of case: Small v. People of the State of California, etc., et al., Orange County
Superior Court Case No. 050006368 (and four related actions).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Titles: City Manager, City Attorney, City Treasurer, City Clerk
4. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Dave Hill
Employee organization: Anaheim Firefighters Association, Local 2899
5. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Dave Hill
Employee organization: Anaheim Municipal Employees Association
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency negotiator: Dave Morgan
Negotiating parties: City of Anaheim and National Football League
Under negotiation: price and terms
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 2
At 5:29 P.M., Mayor Pringle reconvened the Council meeting.
Invocation: Pastor Michael Bradarick, Magnolia Baptist Church
Flag Salute: Mayor Pro Tem Chavez
Presentations:
Proclaiming July 2 - 17, 2005 as Volleyball Days in Anaheim
Mayor Pringle announced the proclamation celebrated the United States Men's Volleyball Team in
town for practice at the American Sports Center in Anaheim and invited the coach and team to
accept the proclamation.
Recognizing the Anaheim Police Department Jr. Cadet Program on receiving the
Orange County Human Relations Commission Community Oriented Policing
Departmental Award
A representative from the Department accepted the proclamation on behalf of the Department
stating it had been Officer Amador Nunez's idea for the program which now had approximately 250
youths involved and had proven to be one of the most successful youth crime prevention efforts in
the department.
Recognizing participants in the Mills Act Program
Elisa Stipkovich, Community Development Director, announced this was the 4'h year that eligible
homeowners received property tax benefits for rehabilitation of historical residences and
introduced those homeowners participating in the program this year .
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming July 11 - 18, 2005 as Sweet Adelines International Week
Recognizing Horizons Senior Girl Scout Troop 1325 on their 30t'' Anniversary
Recognizing Carol Anne McGuire on receiving the 2005 Disney Teacher
Award
Proclaiming July 16, 2006 as Relay for Life Day
At 5:49 P.M., Mayor Pringle called the Anaheim Redevelopment Agency to order in joint session
with the Anaheim City Council.
ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: Staff requested Item 1 on the Agency
agenda be removed and rescheduled for a future date, Item 11 be continued to July 26, 2005 and
Item 20 be removed and rescheduled at a later date. The appellant for Item 37 also requested it
be withdrawn from the agenda.
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 3
PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS):
James Robert Reade spoke of the accomplishments of Enrique Contreras
Linda Sandoval spoke of the need for low-income housing in Anaheim.
Debbie Farris also spoke of the problems created by the lack of low-income housing and supported
the construction of new affordable housing in Anaheim.
David Mitchell, Laguna Broadcasting Network, encouraged Council's approval of Item 19,
indicating his firm was interested in participating in the proposal.
William Fitzgerald, HOME, addressed fireworks concerns.
Larry Arnold Bonham, spoke of problems related to management of Anaheim Gardens
Convalescent Home.
Gerald Beshard spoke of safety problems in the Royal Ridge neighborhood and the need to close
access to the private road repaired with Federal Emergency Management Agency (FEMA) funds.
Mayor Pringle commented the City had spent $1.7 million dollars to shore up the road to stop the
movement of the hillside related to Ramsgate Drive. He remarked the intent was not to allow
permanent access through the private road, but that until the hill was stabilized and the dirt could
be removed without exacerbating the hill movement, the access was necessary for homeowners to
reach their properties on Ramsgate Drive.
Virginia Withers, resident, asked for a time frame when the road could be closed, citing the traffic
problems that had been occurring. Natalie Meeks, Public Works Department stated the shoring
up of Ramsgate Drive would be completed by the end of this week and that 70 pilings had been
installed over the last two months in the effort to stabilize the hill. She reported the next step was
to notify the property owners on Ramsgate of the need to take steps to begin the repairs of their
homes. She also indicated the City would ask its geologist to determine if there was a feasible way
of clearing Hidden Grove without causing a worse slide. With Ramsgate Drive stabilized, she
stated, there might be some possibility of clearing the roadway.
Knute Withers volunteered his acre located on top of the hill if the City wanted to deliver the dirt
there and eliminate some of the cost factors associated with dirt removal, stating he would be
willing to accept the dirt and spread it around his acre. He also requested the City contact the 12
homeowners relaying their neighbors' safety concerns and the need to go slowly and use courtesy
when traveling on the emergency access road.
Bob Morris took exception to the earlier comments offered relating to Disneyland fireworks.
Michael Baker, Executive Director of Boys and Girls Clubs of Anaheim, reported his organization
had been able to be open on Saturdays due to the generous donation of Disney Corporation,
averaging close to 90 kids. He also asked for the City's help in identifying Section 8 residents as
his organization would like to expand the motel program and offer those benefits to those families.
Robert Johnson, President of CSSS, Inc., recommended expansion of the services identified in
Item 19.
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 4
Alma Ramirez spoke on matters unrelated to the agenda.
At 6:26 P.M., Chairman Pringle recessed the Anaheim City Council meeting to consider the
Anaheim Redevelopment Agency agenda and reconvened at 6:28 P.M. for the joint public hearing.
JOINT PUBLIC HEARING:
4. A joint public hearing to consider an Amended and Restated Disposition and Development
2793 Agreement between the Anaheim Redevelopment Agency, the City of Anaheim and Clean
City, Inc.
RESOLUTION NO. 2005-134, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving an Amended and Restated Disposition and Development Agreement
by and between the Anaheim Redevelopment Agency and Clean City, Inc. regarding
certain property at the southwest corner of Lincoln Avenue and West Street and making
certain environmental findings in connection therewith.
Elisa Stipkovich, Community Development Director, stated the Disposition and Development
agreement had been previously approved and was returning to Council and the Agency as the
economics of the original agreement were not working out. She indicated the revision for Council
consideration would commit the developer to invest $1 million in the project. The Agency would
then provide a rehabilitation loan of $595,000 and reimburse the developer for any public
improvements occurring up to $182,000, would provide the land for the project and carry back a
note and deed of trust securing the Agency loan. The loan would be based on a participation in
the project and either upon sale or after 25 years, the developer would pay the Agency any net
sale proceeds above and beyond the original $1 million investment, and would split the net
proceeds 50/50 with the Agency. Ms. Stipkovich recommended support of the project stating it
was important for preserving one of the last historic buildings in the City and to serve as the entry
into the downtown area as part of the new Five Points Historic District.
Mayor Pringle opened the public hearing and invited the applicant and the public to speak.
Bill Taormina, Clean City, Inc., provided a summary of the project. He stated the project would
contain 4,000 square feet of retail space, two 1,250 foot residential lofts on the second floor, a
lighted and fenced parking lot, outdoor seating area for the eastern most portions of the retail
space, and a fully landscaped southern edge which would enhance the residences along Center
Street so their privacy would not be invaded. He pointed out the Lincoln elevation would feature
old-style awnings, blade signs, original stucco finish and original store front windows, and colors
and features to replicate the look of the building in 1935. He explained Clean City's mission was to
remove an eyesore and preserve the last historic building remaining in Anaheim, to bring back life
into an abandoned corner of the City and place another beacon at the western gate of the Colony
District. He expressed gratitude for the opportunity to save the building and thanked staff for their
efforts over the last three years to figure out a way to save the building. He commented the project
was still not profitable but was worthwhile to keep an icon of the City intact.
Joyce Morris, historical district resident, commended Bill Taormina for being the sole developer
willing to save the building and give the community a great entryway into the historic district and
urged Council's support of the agreement.
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 5
Ken Chan, historical district resident, also spoke in support of the project pointing to Clean City's
successful completion of a similar project at Lincoln and East.
Cynthia Ward, president of Anaheim Historical Society, stated the Historical Society was supportive
of the project and believed Bill Taormina had proven his capabilities with two previous historical
preservation projects.
With no other comments offered, Mayor Pringle closed the public hearing.
Council Member Hernandez asked if the two dwelling units in the building were low-income
housing and Ms. Stipkovich indicated in the original development agreement they were, but as the
economics did not pencil out, the units would be at market rate in this agreement.
Council Member Galloway expressed support for Mr. Taormina's dedication and commitment to
historical preservation and moved to approve Resolution No. ARA2005-05 approving an Amended
and Restated Disposition and Development Agreement by and between the Anaheim
Redevelopment Agency and Clean City, Inc., seconded by Council Member Chavez. Roll Call
vote: Ayes - 5; Mayor Pringle, Council Members Chavez, Galloway, Hernandez and Sidhu; Noes -
0. Motion Carried
At 6:34 P.M., Mayor Pringle adjourned the Redevelopment Agency.
CONSENT CALENDAR:
Council Member Chavez removed Item No. 12 for separate discussion; Mayor Pringle removed
Item No. 19 and Council Member Hernandez removed Item No. 34. Mayor Pringle confirmed with
staff Item 25 would be removed and re-calendared when appropriate. Council Member Sidhu
moved approval of the balance of the Consent Calendar Items 5 -36, seconded by Council
Member Chavez to waive reading in full of all ordinances and resolutions and to approve the
following in accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar.
5. Reject certain claims filed against the City.
C118
6. Receive and file the Monthly Financial Analysis presented by the Finance Director for nine
D128 months ended March 31, 2005 and minutes of the Public Utilities Board meeting held May
B105 5, 2005.
7. Accept the low bids of Heli-Mart, Inc., American Eurocopter, LLC, and Triumph Gear
D180 Systems, Inc., for purchase orders in amounts not exceed $179,200, $115,200, and
$25,600, respectively, for Police Department helicopter replacement parts for a period of
one-year beginning July 13, 2005 with four one-year options to renew and authorize the
Purchasing Agent to exercise the optional renewals in accordance with Bid #6631.
8. Accept the low bid of Thomas & Betts, in the amount of $101,253.75 (including tax), for
D180 tubular steel poles for the Public Utilities Department in accordance with Bid #6638.
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 6
9. Accept the low bid of R. J. Noble Company, in an amount not to exceed $1,847,966.38
D180 (including taxes and dumping fees), for the purchase of asphalt concrete and related
materials for the Public Works Department, Streets and Sanitation Divisions, for a period of
one year with four one-year renewal options and authorize the Purchasing Agent to
Exercise the renewal options in accordance with Bid #6642.
10. Approve an extension of the purchase order with Phoenix Group Information Systems, in an
D180 amount not to exceed $31,500, for up to three months, beginning July 13, 2005, for parking
citation processing for the Public Works, Planning, Police Convention Center/Stadium and
Fire Departments.
11. Approve and adopt the Relocation Plan for the Gene Autry Way (West)/I-5 Highway and
D175 HOV Interchange Projects (continued from the Council meeting of June 7, 2005 Item #21).
Continued to July 26, 2005.
13. Approve the Acquisition Agreement for the purchase of Real Property located at 1720
3571 South Euclid Street with Florentino Yabut, in the amount of $5,250, for the Katella Avenue
Smart Street Project.
14. Approve the Acquisition Agreement for the purchase of Real Property located at 2207 East
3572 Lincoln Avenue with Jorge Luis Villegas Gobea, in the amount of $9,100, for the State
College Boulevard to Sunkist Street Widening Project.
15. Approve the Acquisition Agreement for the purchase of Real Property located at 1168
3573 South State College Boulevard with Joanna R. Torres, in the acquisition payment amount of
$50,000, including escrow fees to Grove Escrow Corporation, for the State College
Boulevard and Ball Road Intersection Improvement Project.
16. Approve the Settlement Agreement and Release with Antonio and Josephine Presutto, in
3574 the settlement payment amount of $30,000, for property located at 1177 South State
College Boulevard for the State College and Ball Road Intersection Improvement Project.
17. Approve the First Amendment to the Ball Road Corridor Beautification and Landscape
2791 Master Plan Project Agreement with IBI Group, for a six months time extension to
December 31, 2005.
18. Review the need for continuing the Proclamation of the Existence of a Local Emergency by
D175 the Director of Emergency Services of the City of Anaheim issued on February 9, 2005, and
the subsequent orders issued pursuant thereto, concerning land movement and property
damage in the vicinity of 357, 365 and 373 Ramsgate Drive in the City of Anaheim, and, by
motion, determine that the need for continuing the local emergency exists.
20. Approve and authorize the City Manager to execute the Cooperation Agreement dated
June 1, 2005 between the City of Anaheim, City of Yorba Linda and the Redevelopment
Agency for the Savi Ranch/Weir Canyon Traffic Improvements (related to Redevelopment
Agency Item #1).
Item 20 was removed by staff to be rescheduled at a future date.
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page l
21. Approve and authorize the Executive Director of Community Development to execute a
1567 Third Amendment to Office Building Lease with 50 S. Anaheim, LLC, for the addition of floor
space leased at the Woodbridge Building to accommodate services associated with the
One-Stop Workforce Center and Welfare-to-Work Program.
22. Approve minutes of the regular adjourned meeting of June 14, 2005 and regular meeting of
June 21, 2005.
23. Approve agreements with the Centralia, Magnolia, Anaheim Union High School, and
1568 Anaheim City School Districts to provide Park Ranger patrols of school facilities.
1569
1570
1571
24. Approve an agreement with SBC to allow access to the SBC parking lot for patrons
1572 attending City sponsored events held at the Pearson Park Amphitheatre.
25. Approve the Professional Services Agreement with Lennar Platinum Triangle, LLC, in an
3546 amount not to exceed $32,500, to provide for Lennar Platinum Triangle to reimburse all
costs associated with The Planning Center's work on the preparation of the Addendum to
the Platinum Triangle Supplemental Environmental Impact Report (Continued from the
Council meeting of July 12, 2005, Item #14}.
Item 25 removed to be rescheduled on future date.
26. Authorize the Police Department to donate out-dated ballistic vests to the military in Iraq.
D160
27. Approve the assignment of an agreement with Pacific Systems, Inc., dated June 8, 20*04 to
3119 ABB, Inc., for continued professional engineering services and equipment and authorize the
Public Utilities General Manager to execute documents and take such action as necessary
to complete the assignment of the agreement,
28. RESOLUTION N0.2005-135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
P124 ANAHEIM accepting deeds conveying certain real property interests unto the City of
Anaheim. (Deed Nos.10832 and 10833).
29. RESOLUTION N0.2005-136 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
P124 ANAHEIM accepting deeds conveying certain real property interests unto the City of
Anaheim. (City Deed Nos. 10834 & 10835).
30. RESOLUTION N0.200_ 5-137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
P124 ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties
or interests therein (Deed Nos. 10836, 10838,10840 and 10844.
31. RESOLUTION N0.2005-138 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3575 ANAHEIM authorizing the Director of Public Works to execute an agreement with the Union
Pacific Railroad Company for the removal of existing railroad crossings and construction of
street improvements at Knott Street and Ball Road on behalf of the City of Anaheim.
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 8
32. RESOLUTION NO. 2005-139 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
D175 ANAHEIM to continue a Disadvantaged Business Program for all projects in the City of
Anaheim receiving United States Department of Transportation funding and establish a
disadvantaged business enterprise participation goal of 8.66%.
33. RESOLUTION NO. 2005-140 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
2790 ANAHEIM authorizing the execution and delivery of a First Amendment to the Standby
1573 Certificate Purchase Agreement and an Amendment to the Liquidity Guaranty as related to
the 1993 $130.1 million Certificates of Participation debt issue.
RESOLUTION NO. 2005-141 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM authorizing the execution and delivery of a First Amendment to the Standby
Certificate Purchase Agreement as related to the 1993 $26.0 million Certificates of
Participation debt issue.
35. ORDINANCE NO. 5982 (ADOPTION) ORDINANCE OF THE CITY OF ANAHEIM
D280 amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to
zoning (Reclassification No. 2004-00137, 502 South Harbor Boulevard) (introduced at the
Council meeting of June 21, 2005, Item #29).
36. ORDINANCE NO. 5983 (ADOPTION) ORDINANCE OF THE CITY OF ANAHEIM
D280 amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to
zoning (Reclassification No. 2004-00140, 2034 West Broadway) (Introduced at the Council
meeting of June 21, 2005, Item #30).
END OF CONSENT CALENDAR
12. Approve the Agreement for Acquisition of Mobile Home and Improvements with Ariel
3570 Aleman and Carmen Aleman, for one mobile home located at 1949 South Manchester
Avenue for the Gene Autry Way (West)/I-5 Freeway HOV Interchange Project.
Council Member Chavez indicated he was supportive of the mobile home acquisition and would
vote to approve it, but had a broader concern in displacing families when no replacement housing
was available. Council Member Galloway questioned the recommendation that the mobile home
owner would be provided relocation benefits in accordance with a relocation plan, pointing out the
relocation plan had yet to be approved, and that she would be hesitant to approve the acquisition
on that basis. Natalie Meeks responded the City had been working on the relocation plan which
must be approved by Council and in place before any resident could be given a 90-day notice to
vacate their properties, however, the department was moving forward with making offers and
addressing residents who were ready to move. In this instance, Ms. Meeks explained the
Aleman's found a conventional home and put in an offer and were in escrow anticipating the
purchase of their mobile home and the relocation benefits to work in conjunction with their down
payment. Since the relocation plan was not yet approved, all the relocation benefits would be in
accordance with state and federal law, which would be consistent with the City's relocation plan
emphasized Ms. Meeks. She also stated the relocation plan required a further study of the
available housing, and that study had been done and staff was working in conjunction with the
study. She remarked there was a limited amount of mobile homes available and the relocation
benefits reflected that and were more substantial to allow residents to have a broader range of
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 9
available mobile homes. Mr. Morgan interjected Item 11, the relocation plan, had been pulled by
staff to be rescheduled at a later date and staff's intention was to sit down with Council and further
explain the plan. Council Member Galloway asked if there was a problem in delaying this matter
and considering the two items at the same time. Jack White, City Attorney, indicated the City was
not required legally to have a relocation plan in place prior to a voluntary purchase of an individual
mobile home.
Mayor Pringle remarked this project was the extension of the Gene Autry HOV exit off the freeway
to complete the bridge between Orangewood and Katella over the 5 freeway and the residents of
that area had been aware of the project for some time. He stated if it was not the will of the
Council to proceed with a project that had been planned for over 30 years; a discussion should
take place before considering the acquisition. Council Member Chavez stated he was having a
concern with moving forward and disrupting residents, also pointing out Haster Street was a
heavily populated area and having Angel fans exit the stadium onto Haster Street posed another
concern for him. He concurred in scheduling a discussion on the interchange project.
Mayor Pringle asked about the funding of the project. Dave Morgan indicated the cost of the
project was $20 million and currently $7 million dollars in federal funds had been identified and
another $7 million in regional dollars from Orange County Transportation Authority was available,
with staff anticipating getting another $6 million. Mayor Pringle commented the City had $14
million for this project so far, which was the result of pushing for those funds over a period of time,
believing the project was one the City wanted to implement.
Council Member Hernandez asked for a timeline as to the process. Ms. Meeks stated a check
would be provided to the Alemans for purchase of the mobile home and those funds would be
placed in an escrow for property they had made an offer on. She indicated the department had
made offers to all mobile home park owners in two of the parks and would be making offers to
those residents in the third park by the end of the week. Council Member Hernandez remarked it
would be an inconvenience to the mobile owners to delay this item and would support approval of
the purchase.
Council Member Sidhu asked if there was any legal obligation on the City's part if the agreement
were not approved. Mr. White, City Attorney, indicated there was no obligation. Council Member
Sidhu believed the project would go forward some day and was supportive of taking action on the
sale of the mobile home.
Mayor Pringle asked if the individual agreements only affected the mobile homeowner as opposed
to the mobile home park owner. Ms. Meeks replied relocation benefits were only for the residents,
however, prior to making an offer on any of the coaches, an offer would be made to the park owner
for purchase of the property. The park owner would then receive rent loss from the time the mobile
home was acquired and the time of the fee title certification. When agreement for the park
property was reached, there would be no obligation for paying rent loss.
After determining that approval of Item 12 would not set precedent, Council Member Chavez
moved to approve the acquisition agreement and to have a discussion related to the Gene Autry
HOV Interchange project, seconded by Council Member Sidhu. Mayor Pringle indicated he would
not support the agreement for not being appropriate use of taxpayer funds, should the interchange
project not go forward. Roll Call vote: Ayes - 3: Council Members Chavez, Hernandez and Sidhu;
Noes - 2: Mayor Pringle and Council Member Galloway. Motion Carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 10
19. Authorize City staff to request proposals for a citywide broadband wireless network
D116 franchise that utilizes City street light and traffic signal poles as the mounting location for
radio antennas in approved enclosures and linked through City fiber to an internet point of
presence thereby providing universal and affordable broadband wireless connectivity
throughout the City.
Tom Wood, Assistant City Manager, reported Council had authorized staff to request proposals
from private firms for a citywide broadband wireless network franchise, using City street lights and
traffic signal poles for radio antennas and approved enclosures to be linked through City fiber
optics to the internet for the purpose of providing universal and affordable broadband wireless
connectivity throughout the City.
Mayor Pringle remarked this was an exciting opportunity for the City to have a private company
come in with their funds and use the City's underutilized fiber optic loop to provide wireless service
to every resident of Anaheim through a private enterprise and moved to approve Item 19,
seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members
Chavez, Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried
34. ORDINANCE NO. 5981 (ADOPTION) ORDINANCE OF THE CITY OF ANAHEIM
D108 amending Title 3 of the Anaheim Municipal Code relating to business license (Introduced at
the Council meeting of June 21, 2005, Item #28).
Council Member Hernandez opposed the adoption of this ordinance as he did not feel the business
license reduction was large enough to stimulate business in the City. Mayor Pringle believed staff
had addressed a number of business related issues from code enforcement, regulation of
business, encouraging businesses to locate and start up in Anaheim and to addressing a reduction
of the business tax for the very smallest businesses in the City. Council Member Chavez moved to
adopt Ordinance No. 5981, Ordinance of the City of Anaheim related to business license tax,
seconded by Council Member Galloway. Roll Call vote: Ayes - 4; Mayor Pringle, Council
Members Chavez, Galloway, and Sidhu; Noes - 1; Council Member Hernandez. Motion Carried.
37. Consider the Request for Rehearing and Declaration of Merit submitted by Mr. Manny Dutt
P178 relating Tentative Tract Map No. 16440, property located at the intersection of Santa Ana
Canyon Road and Deer Canyon Road between Festival Drive to the east and Eucalyptus
Drive to the west (Tentative Tract Map No. 16440 approved, as amended, at the Council
meeting of June 7, 2005, Vote: 5-0).
The applicant had withdrawn the request.
38. Consider appointments to the Investment Advisory Board, Park and Recreation
B105 Commission, Cultural and Heritage Commission and the Senior Citizen Commission.
Cultural and Heritage Commission:
Council Member Chavez recommended Concha Flores for the Cultural and Heritage
Commission. Council Member Hernandez nominated Tom Lowrey. A straw vote for
Concha Flores was taken; Ayes - 3; Mayor Pringle, Council Members Chavez and
Galloway; Noes - 2; Council Members Hernandez and Sidhu. The straw vote for Tom
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 11
Lowrey reflected Ayes - 2; Councii Members Hernandez and Sidhu; Noes - 0; Abstentions
- 3: Mayor Pringle and Council Members Chavez and Galloway.
Ms. Flores was appointed to the Cultural and Heritage Commission, term to expire June 30,
1008
Investment Advisory Board:
With no objection from Council, Mayor Pringle continued the appointment to July 26, 2005.
Park and Recreation Commission:
Council Member Sidhu withdrew his nomination of Richard Robinson and with the
concurrence of Council, Mayor Pringle continued the appointment to July 26, 2005.
Senior Citizen Commission:
Council Member Galloway nominated Connie Dunay who was unanimously appointed, term
to expire June 30, 1006.
5:30 P.M. PUBLIC HEARINGS:
39. A public hearing to consider the abandonment of a portion a water easement and public
P110 utility easement located at 255 North Larch Street (ABA2005-00108).
At the Council meeting held June 7, 2005, Item #27, the Anaheim City Council adopted
Resolution No. 2005-94 declaring its intention to vacate certain public streets, highways
and service easements (Abandonment No. ABA2005-00108).
REQUESTED BY: Enzo V. Errera, 255 N. Larch Street, Anaheim, CA 92805
Natalie Meeks, Public Works Department, stated the abandonment was requested by the property
owner in order to expand his single family home. She indicated a replacement easement would be
located closer to the property line.
Mayor Pringle opened the public hearing and receiving no comments, closed the hearing. Council
Member Galloway moved to approve the CEQA finding of Categorically Exempt, Class 5, to
approve Resolution No. 2005-142, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM Declaring Intention to Vacate Certain Public Streets, Highways and Easements and to
approve the quitclaim of the City's right, title and interest in the abandoned area, seconded by
Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez,
Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried
40. A public hearing to consider approving a special permit to move six residential structures.
D155
RESOLUTION NO. 2005-143 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving a special permit to move six (6) residential structures from 423 and
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 12
427 Lemon and 207, 209, 211, and 215 West Santa Ana to Redevelopment Agency-owned
land located east of Lemon between Water and Stueckle in the City of Anaheim.
Elisa Stipkovich indicated this item was an historical preservation project that staff had been
working on for some time. She indicated the public hearing was to consider a special permit to
move six residential homes in the Colony Historic District to Agency-owned land east of Lemon
between Water and Stueckle Streets that had been designated for historic structures. Some of the
buildings being moved would serve as second units with a larger historic home on the front of the
property.
Mayor Pringle opened the public hearing and receiving no comments, closed the hearing.
Council Member Sidhu moved to approve Resolution No. 2005-143, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM approving a special permit to move six residential
structures from Lemon Street and West Santa Ana Street to Agency-owned land, seconded by
Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Chavez,
Galloway, Hernandez and Sidhu; Noes - 0. Motion Carried
41. CONTINUED PUBLIC HEARING:
N350 CEQA MITIGATED NEGATIVE DECLRATION
RECLASSIFICATION NO. 2003-00109
VARIANCE NO. 2004-04626
TENTATIVE TRACT MAP NO. 16545
OWNER: Red Curb Investments, P.O. Box 995, Torrance, CA 90508
AGENT: Thomas Hartley, 25971 Arriba Linda, Laguna Niguel, CA 92677
LOCATION: Property is approximately 53 acres, having a frontage of 190 feet at the
terminus of Avenida de Santiago, located 260 feet west of the centerline of Pointe Premier.
Reclassification No. 2003-00109 -Request reclassification of the property from the T
(SC)(Transition; Scenic Corridor Overlay), formerly the RS-A-43,000(SC)
(Residential/Agricultural; Scenic Corridor Overlay) zone to the RH-2(SC) (Single-Family
Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic Corridor
Overlay) zones.
Variance No. 2004-04626 -Request waiver of required private street standards to
construct a private residential street without sidewalks or parkways.
Tentative Tract Map No. 16545 -Request to establish a 28-lot, 21-unit detached single-
family subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Negative Declaration approved (5 yes votes, Commissioners Romero and Velasquez
absent).
Reclassification No. 2003-00109 granted (PC2004-113).
Variance No. 2004-04626 granted (PC2004-114).
Tentative Tract Map No. 16545 approved.
Greg Hastings, Planning Services Manager, reported this past October, the Planning Commission
had approved a 21-unit, single family residential subdivision on 53 acres of undeveloped land
extending from Avenida de Santiago. The applicant proposed to develop the tract with semi-
custom, early California Spanish homes ranging in size from 4,600 to 6,000 square feet on lots
varying in size from 22,000 to 74,000 square feet. He explained to accomplish the project, the
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 13
applicant requested: 1) the reclassification of 25 acres from the Transition Zone to the Single
Family Residential and Open Space Zones with the remaining 38 acres to stay in the Transition
Zone as a separate undeveloped open space; 2) a tentative tract map to establish a 28 lot, 21-unit
subdivision; and 3) a variance to waive the required installation of sidewalks on the private street.
He indicated access to the tract would consist of a new private street at the end of Avenida de
Santiago and that less than a third of the 53-acre site would be developed as residential lots with
the remainder being left as open space.
Mr. Hastings reported the Planning Commission's actions were appealed by two separate groups,
the Hidden Canyon Homeowners Association and the Board of Directors of the Santiago Geologic
Hazard Abatement District (GRAD). He stated the groups had responsibilities to the existing
residents to the north and east of the project site and the appeals were based on geological issues
related to groundwater and slope stability, fire access, increased traffic and environmental impacts
on the native plants and wildlife. Mr. Hastings noted that on November 16, after conducting a
public hearing to discuss these issues, Council directed the applicant to submit additional technical
details for the proposed groundwater migration control liner system. Mr. Hastings indicated the
developer retained consultants who prepared a plan for staff review and that City staff and the
City's independent geotechnical consultant had carefully reviewed the proposal and believed the
technical material and the City's recommended plan refinements provided sufficient data to
demonstrate the proposed liner system would perform as designed. The developer's plan included
data to address key questions such as permeability of proposed liner, the potential for chemical
and biological degradation of the liner and long-term performance of the liner materials at existing
projects. Additional details had also been provided regarding the subsurface collector drain
surface and monitoring wells. As a result of the study, staff recommended four new conditions
contained in the staff report be added to those approved by the Commission. Mr. Hastings also
reported staff and the Council had received correspondence from the Santiago Geologic Hazard
Abatement District yesterday and had reviewed the correspondence and was asking the applicant
use the HDPE plastic liner material instead of the SS13 soil mixture and that the bond amount to
install pumps be increased to $100,000. With these changes, Mr. Hastings stated staff continued
to recommend approval of the development application because the site was more than adequate
to accommodate the requested 21 homes.
Mayor Pringle pointed out the Planning Commission had approved this project with the condition
that the water retention system was acceptable with City staff and that the issue had been pending
for months. Natalie Meeks confirmed the original proposal was preliminary and had just proposed
a liner system without much detail and Council had requested more details be provided for the City
staff and geotechnical consultant to analyze. The developer then provided more detail on where
the water would drain, what kind of underground flushing system it would have and how it would be
implemented. One of the issues not resolved, stated Ms. Meeks, was the proposed SS13 soil
additive that would create the impermeable layer. Ms. Meeks indicated much information had
been given on the product, but the developer had been unable to provide the City with information
related to the long-term use of the material in this kind of a situation. As staff did not know if the
SS13 would break down, they recommended going to a more conventional plastic liner and
something more widely used. Those additional details, stated Ms. Meeks, could be accomplished
during the design phase of the project. Ms. Meeks stated the applicant did not have an objection
to using acceptable liner materials. Mayor Pringle asked if GRAD recommendations were
consistent with the plastic liner and Ms. Meeks indicated GRAD was recommending the more
conventional liner material.
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July 12, 2005
Page 14
Mayor Pringle opened the public hearing
Thomas Hartley, applicant, indicated he had worked on the liner system with staff for many months
and had submitted a preliminary design and received comments. Those comments were taken
and incorporated into the initial design and resubmitted. Yesterday additional comments were
received on the design and Mr. Hartley's staff was reviewing those comments. Mr. Hartley
accepted the plastic liner requested by staff but remarked he felt the SS13 liner was better than the
system proposed. He asked for approval of the subdivision in order to proceed with the grading
plan as that was the crux of the whole project.
Mark McLarty, stated he was the engineering geologist consultant with the Geologic Hazard
Abatement District and the author of the ten page review dated July 8, 2005. He commented that
in reviewing the existing plans to date, he found few things that produced a cohesive plan to
ensure water did not get out of the new development. He remarked the idea that a liner could be
built to collect all of the water that infiltrated into the ground system and direct it to a pathway out of
the system so it wouldn't have any impact had not been supported by data or by engineering
analyses to demonstrate any of those things could be done. If the liner system failed to work, the
only thing left was to try and dewater the site through the observation wells that could be
constructed as dewatering wells and was an expensive and complicated system to operate. Mayor
Pringle pointed out staff conditions were placed on the project in order for those homes to be built
and the project to move forward. Mr. McLarty suggested the developer be able to demonstrate the
proposed system could be built and could work as designed, which had not yet been done.
Gerald Nicholl, engineering geologist and consultant to the applicant on the geotechnical adequacy
of the project stated he had been practicing for over 40 years in Southern California with most of
his work in residential with a large amount related to earth dams, canals and waterworks projects.
He stated this project was one in which he felt the SS 13 liner system proposed was completely
adequate, had been approved by Albus-Keefe & Associates and felt the HDPE plastic liner
systems had some deficiencies in it related to the seams, although if requested by the City to be
used, it would be acceptable to him.
Mr. Nicholl explained SS 13 was a chemical that mixed with water and facilitated the soil so that it
compacted easily, between 95 to 98 percent compaction, such that it matched the permeability of
the HDPE plastic liner. The chemical also changed the aspects of the clay component of the soil
so that it repelled water. He explained the product had been used in lake bottoms for 37 years.
Every step, he noted, was being taken to reduce the amount of water getting into the ground and
he believed no water could get from this site to the Santiago slide area. He explained the minimal
amount of water that was there could go on the back side of the hill and drained to the other side of
the property. He commented the developer was willing to put in two monitoring wells and would do
whatever was necessary to do the job right.
Mayor Pringle asked to review all of the elements included in the project to monitor and prevent
water intrusion. Mr. Nicholl stated every lot would be excavated to a minimum depth of 10 feet and
below all utilities on site or off site. The product would be placed at that level, two six-inch layers,
no deeper than 15 feet. The developer proposed aone-inch layer of sand on top of the two layers
and because of consultants concerns, both the GHAD people and Albus-Keefe, the developer
agreed to put a pipe under each house that fed to a collector pipe that went to a manhole. He
stated there would be two manholes and one drain to the curb for the lot 1, as it is at such an
elevation, the impermeable layer would be able to drain a line to the curb. In all the other lots, he
noted, the drainage would go down and then travel south toward the canyon at two sites. He
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July 12, 2005
Page 15
stated there would be a one percent gradient going in that same direction so no ponding of water
would occur. In addition, two monitoring wells in two locations were proposed.
Natalie Meeks clarified the City's geologist recommended some additional investigation to
determine exactly where monitoring wells would be placed and the exact number needed and the
condition of approval indicating the number and location of the wells would be determined by staff.
Ms. Meeks further stated the plan was to not allow any additional water into the groundwater table,
to catch it early and get it fed off to a dewatering system. She also indicated the surface
monitoring wells that served as a protection between the two developments could be converted to
a removal system and would be required to be drilled to a size to allow for installation of a pump.
Gary Lask, professional certified engineering geologist and certified hydro-geologist in California,
was asked to speak by GHAD with regard to the uncertainties in the developer's proposed plan.
Their concerns, he stated, related to the uncertainties with unsubstantiated conclusions in the
documents presented. Mr. Lask indicated his background specifically related to liner design and
seepage control for landfill and other environmental facilities. He stated the state of California and
the federal government both believe the HDPE plastic liner product was a more substantive and
protective media for controlling the infiltration of water. Mr. Lask indicated GHAD felt the lack of
calculations presented to date was the biggest issue with approval of the project. He stated a one
inch sand layer was not adequate to drain the volumes of water likely to be introduced by a typical
homeowner and that agencies in landfill liner applications had rejected the SS 13 product on the
basis of lack of performance data.
Richard Ferano, resident, stated he had been very supportive of land and project development in
Anaheim but as a homeowner who experienced the last landslide, he could not support an
unsubstantiated system to prevent his property from future impacts He explained the house next
door to him was still vacant due to the last landslide and although his own property values had
returned, he did not want to be faced with another disaster when the developer's geologist stated
the recommended plastic liner won't work and GRAD was opposed to the SS 13 system.
Larry Mossey, boardmember of GHAD, stated the plan to protect against a future landslide was not
based on scientific data and was only substantiated by the product vendor's background materials.
He did not feel the plan addressed sufficient number of wells should the plan fail and also that not
enough bond funds were in place to operate and maintain dewatering wells. He submitted 166
signed petitions urging Council to deny the project until a workable plan was in place. Another 102
letters were submitted expressing concern with the development project and in support of GHAD's
comments and concerns.
Chris LaMarca, president of Anaheim Hills Homeowners Association and Vice Chair of GHAD,
commented that after the landslide had occurred in his neighborhood, destroying three homes, with
nine homes sustaining major damage and losses to homeowners in the millions of dollars, the
Geologic Hazard Abatement District was established and remained vigilant to this day to protect
the area, removing 19 million gallons of water every year from under the homes. He stated the
GRAD was not a political organization or activist group but was comprised of volunteer
homeowners set up under the authority of the City after the last landslide to maintain a dewatering
system and keep the hillside stabilized. He believed Robber's Peak development threatened that
balance and would put the neighborhood at risk again.
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 16
Kathleen Johnson, president of Hidden Canyon HOA, addressed Council stating she was
representing worried homeowners who were concerned about the proposed development
impacting their neighborhoods and urged Council to not approve the project as it stands.
With no other comments offered, Mayor Pringle closed the public hearing.
Mr. Hartley offered rebuttal stating he recognized the concerns of the public. He believed a system
would be created that would capture all water and dispose of it in a safe manner. He explained the
entire design could not be completed before approval of the project was given and that more data
would be available once the grading commenced. His intent was to capture the 2.5 million gallons
of water currently hitting the land today.
Mayor Pringle asked how many acres the liner system would cover and the cost of the SS 13
versus the plastic liner system. Mr. Hartley replied that liner would cover 10 acres, the cost of the
SS 13 product was about $500,000 and the cost of the plastic liner reflected three times that
amount. He also stated he would accept the condition of using a plastic liner.
Mayor Pringle indicated there were four points to consider: 1) what was an acceptable liner; 2)
what was the acceptable number of wells and what entity had the responsibility for those wells, 3)
the continuity and continuous nature of liability that someone must have and 4) a method to insure
the cost impact on the other property in terms of well usage or such was not borne by them. He
pointed out that not many people objected to the development itself, but the overriding concern
was the uncertainty of a system to protect them from water runoff. Mayor Pringle commented he
was leaning toward requiring the plastic liner and the SS 13 product and Mr. Hartley indicated he
would agree to that. Mayor Pringle confirmed with Natalie Meeks that when the property was
graded and the geology better understood, the City would have a firmer understanding of how
many wells were necessary and the condition of approval reflected that by indicating the number of
monitoring wells needed would be approved by the City Engineer.
Mayor Pringle also wanted to ensure there was something in place that guaranteed the liability was
protected and the problem could not be abandoned. Jack White, City Attorney, stated in the
proposed additional conditions a requirement was added that CC&R's would be recorded against
the properties in this new development that would require the mandatory homeowners association
to prevent the migration of water into the adjoining Santiago Tract. Once the developer was gone,
Mr. White commented, that would be the responsibility and continuing obligation of the
homeowners. Additionally, the condition indicated the homeowners would be liable for any costs in
terms of increased water or impact and would mitigate those impacts as the City directed to ensure
the problem was solved.
Council Member Galloway stated her responsibility as a councilmember was to make good
decisions regarding quality of life issues and the testimony given today proved there was doubt
regarding the permeability of the site. She indicated she would err on the side of caution and not
approve the project with the information given tonight.
Council Member Chavez asked if either system proposed was in use currently in watering issues
addressing slide areas for homes. Natalie Meeks responded the SS 13 product was primarily used
in lake bottoms and the plastic liner was more conventionally used for controlling groundwater
infiltration but could not say for certain it was used for landslide purposes.
Council Member Hernandez recalled the anguish and suffering he had seen when he was logistics
chief during the Santiago landslide disaster and although he wanted the project to go forward; he
ANAHEIM CITY COUNCIL MEETING MINUTES
July 12, 2005
Page 17
had not reached a comfort level to insure the landslide area would not be impacted by the
development. Council Member Hernandez moved to continue Robber's Peak development to July
26th to have a discussion as to whether the pending issues could be resolved; seconded by Mayor
Pringle. Council Member Chavez stated he was not in favor of continuing the matter with an
experimental system as part of the conditions of approval. Roll call vote: Ayes - 3: Mayor Pringle,
Council Members Hernandez and Sidhu. Noes - 2: Council Members Chavez and Galloway.
Motion Carried.
Report on Closed Session Actions:
Jack White reported Council certified that all Council appointees, City Manager, City Attorney, City
Clerk, and City Treasurer were currently performing at the significant contributor level or better and
such certification authorized a general salary increase of 3.5 percent.
Council Communications:
Council Member Hernandez announced he had attended the Pacific Symphony Orchestra on July
9'h and that the City had received a plaque for participation.
Council Member Galloway congratulated Canyon Hills Community Council for the superb job on
the July 4th festivities.
Council Member Chavez praised the Jr. Cadet Program and the officers who created the program
and implemented it.
Mayor Pringle announced the U.S. Men's Volleyball Team would be representing the nation in the
Beijing, Olympics and that they were being courted to make Anaheim their home for an eight year
period and were seeking sponsorships to assist them during that time.
The Mayor also thanked the Police Department, on behalf of former Council Member Tom Tait
whose home had been burglarized, for solving the burglary and recovering the stolen items.
Adjournment:
The meeting adjourned at 9:06 p.m
Respectfully submitted:
Sheryll Schroeder, MMC
City Clerk