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2009/12/08ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF DECEMBER 8, 2009 The meeting of December 8, 2009 was called to order at 3:00 P.M and adjourned to 4:30 P.M. for lack of a quorum. Mayor Pringle called to order the regular adjourned meeting of December 8, 2009 at 4:35 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on December 4, 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 Tom Wood, City Attorney Cristina Talley, and City Clerk Linda Andal. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEM: None City Council adjourned to closed session for consideration of 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 At 5:08 P.M., Council returned from closed session. INVOCATION: Chaplain David Lazo, Anaheim Police Department FLAG SALUTE: Council Member Lucille Kring ACCEPTANCE OF RECOGNITIONS (AT A LATER DATE): Recognizing the recipients of 2009 Anaheim Chamber of commerce Business Awards ADDITIONS /DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): A speaker representing the Community Benefits Coalition presented the coalitions Community Vision for the Platinum Triangle, embracing a new plan for Anaheim. She discussed the community organizations and the process involved in drafted this vision and requested a dialogue with Council and staff on the plan. Michael Baker, Boys and Girls Club of Anaheim, announced four children from the Club would ride on the float at the Rose Bowl Parade, thanking Council for support of this Council Minutes of December 8, 2009 Page 2 of 12 opportunity. He also thanked retiring Finance Director Bill Sweeney for his years of service as treasurer on the board of the Boys and Girls Club. Alan Serna, resident, discussed various safety issues and concerns regarding the intersection of Loara and Eileen Street at Orangewood. Mayor Pringle remarked the City was aware of the death of a young boy at that intersection noting there would be a full investigation of safety issues identified. At 5:21, Council session was adjourned to consider the Agency agenda and reconvened at 5:44 p.m. CONSENT CALENDAR: Council Member Hernandez moved to waive reading in full of all ordinances and resolutions and 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 Kring. Roll call vote: Ayes 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried 4. Receive and file the minutes of the Budget Advisory Commission meeting of May 20, B105 2009; Senior Citizens Commission meeting of October 8, 2009; Library Board meeting of October 12, 2009; Cultural and Heritage Commission meeting of October 15, 2009 and Public Utilities Board meeting of October 28, 2009. 5. AGR -4957 6. AGR -4989 AGR -4989 Determine, on the basis of the evidence submitted by Kaiser Foundation Hospitals, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2007 -00003 for the 2008 -2009 review period for the Kaiser Hospital Campus project at 3400 East La Palma Avenue. Approve the transfer of California Environmental Quality Act Lead Agency designation from the Orange County Transportation Authority (OCTA) to the City and approve the following agreements with OCTA for environmental clearance of Phase 1 of ARTIC: 1) Cooperative Agreement No. C -9 -0821 with OCTA to modify roles and responsibilities and 2) Agreement No. C -9 -0802 for assignment of all rights and responsibilities of Agreement No. C -9 -0230 between the OCTA and ICF International (formerly known as Jones and Stokes Associates, Inc.). 7. Approve the acceptance of a Director's Deed from the State of California conveying P124 to the City the real property located at 507 East Katella Avenue (Katella Substation), approve a Grant Deed conveying to the State certain city -owned real property located adjacent to Katella Avenue and the 1 -5 Freeway and authorize the City Clerk to deliver the executed Grant Deed to an authorized state representative and the Director's Deed, together with the City's Certificate of Acceptance, to a title insurance company of the City's choosing for recordation in the Office of the County Recorder. Approve the Second Amendment to the Professional Services Agreement with KTGY Group, Inc., in an amount not to exceed $325,000, for urban design services related to ARTIC. 8. AGR- 5089.III.2 9. AGR- 3140.A Approve a Memorandum of Understanding with the Anaheim Family YMCA for the Anaheim Achieves After School Collaborative for the 21st Century Community Learning Centers grant. 10. Approve and authorize the City Manager to execute Amendment No. 1 to the AGR- 5478.A.1 Workforce Investment Act Vendor Agreement with KML Enterprises, Inc., increasing the maximum subgrant amount from $25,000 to $75,000, for occupational skills training. 11. Award, approve and authorize the City Manager to execute and administer the AGR -6020 Workforce Investment Act Subrecipient Agreements with North Orange County AGR -6021 Regional Occupational Program and Orange County Conservation Corps for comprehensive youth services programs. 12. RESOLUTION NO. 2009 -172 A RESOLUTION OF THE CITY COUNCIL OF D155 THE CITY OF ANAHEIM designating the Anaheim Recovery Zone for purposes of Sections 1400U-1, 1400U-2 and 1400U-3 of the Internal Revenue Code of 1986, as amended (the "Code 13. RESOLUTION NO. 2009 -173 A RESOLUTION OF THE CITY COUNCIL OF D159 THE CITY OF ANAHEIM approving the records retention schedule for the Planning Department. 14. ORDINANCE NO. 6160 (ADOPTION) AN ORDINANCE OF THE CITY AGR -182 COUNCIL OF THE CITY OF ANAHEIM amending Chapter 10.19 of Title 10 of the Anaheim Municipal Code in its entirety relating to landscape water efficiency (Introduced at Council meeting of November 17, 2009, Item No. 24). 15. ORDINANCE NO. 6161 (INTRODUCTION) AN ORDINANCE OF THE CITY C280 OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2009 00233; DEV2009- 00063; 507 S. Lemon Street). 17. AGR- 3140.A Council Minutes of December 8, 2009 Page 3 of 12 16. Approve minutes of the regular meeting of November 17, 2009. PUBLIC HEARINGS: CEQA, CATEGORICAL EXEMPTION, CLASS 3 CONDITIONAL USE PERMIT NO. 2008-05372 AND VARIANCE NO. 2009-04795 OWNER: Daniel Akarakian, 315 Rees Street, Playa Del Rey, CA 90293 APPLICANT: Dave Tanazaki, Tanazaki and Associates, Inc. 601 East Glenoaks Boulevard, Suite 201, Glendale, CA 91207 LOCATION: 5635 East La Palma Avenue The applicant proposes to construct a 10,000 square foot commercial retail building on the Cinema City movie theatre property with fewer parking spaces than required by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 3 (New Construction). ACTION TAKEN BY THE PLANNING COMMISSION: Approved CUP No. 2008 -05372 and Variance No. 2009 -04795 with added conditions pertaining to a security plan and modified the timing of conditions pertaining to the parking management plans (PC2009 -089) (VOTE: 6 -1; Commissioner Buffa voted "no Council Minutes of December 8, 2009 Page 4 of 12 (Planning Commission meeting of September 30, 2009; Appealed by Bayport Imperial Promenade Associates, LP on October 9, 2009) MOTION: S/K Determine the proposed project is categorically exempt from compliance with CEQA under Class 3, New Construction. RESOLUTION NO. 2009 -174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2008 -05372 and Variance No. 2009 04795. (Approved Vote: 5 -0) C. J. Amstrup, Planning Services Manager, reported the Planning Commission had approved a proposal to construct a 10,000 square foot commercial building on Cinema City movie theater property which required a conditional use permit for the shopping center and a variance to allow fewer parking spaces than required by Code. The Commission's decision was then appealed by Richard DeBeikes, Jr., owner of the Imperial Promenade property. Mr. Amstrup explained the new building would be located on the west side of the parking lot in front of the movie theater and would contain up to seven tenant spaces. Approximately 1,500 square feet of outdoor dining area was also approved for the front of the building and enhancements to the parking lot, including circulation improvements, resurfacing and landscaping would be done. He noted the applicant anticipated about 5,000 square feet of full service restaurants and 5,000 square feet of retail and take -out food uses pointing out that as of yet, no tenants were identified for the retail building. Under Anaheim Municipal Code, Mr. Amstrup indicated 644 parking spaces for the existing movie theater and proposed building were required; however, the applicant proposed 538 parking spaces including 190 spaces in the existing parking structure and 266 on -site surface parking spaces. Additionally, there were 82 off -site parking spaces available by agreement on the adjacent properties. He pointed out a parking study concluded there would be a peak demand of 441 parking spaces for the theater and commercial building, which included a 10 percent contingency. This demand could be accommodated on -site with a surplus of 15 parking spaces. A surplus of 97 spaces would occur if the 82 spaces available on the adjacent property were included in that count. The appeal of the Commission's approval on this application, Mr. Amstrup explained, was based on four issues. The first issue pertained to the size of the new building. The applicant's representative submitted a copy of a marketing brochure created by the broker of the building that showed a site plan with modifications to the vehicular access on the adjacent Imperial Promenade property and also showed an 11,000 square foot building, which he pointed out, was not the plan submitted to the Planning Commission for approval. The second concern argued that a Class 3 Categorical exemption would not be an appropriate environmental determination because the 1,500 square feet of outdoor dining area should have been considered as part of the structure for CEQA purposes. Mr. Amstrup pointed out the Commission determined the recommended exemption was appropriate because the proposed building would be 10,000 square feet, consistent with CEQA, and CEQA did not contain any provision that would require outdoor dining to be included in the area of the structure. The appellant also raised issues relating to parking impacts of this project on the Imperial Promenade Center and the validity of the parking study because it relied on parking counts from 2007 for its completion. Mr. Amstrup remarked the traffic engineer who prepared the study visited the site the weekend before the Planning Commission meeting and conducted parking counts to confirm the assumptions in the parking study. The traffic engineer found that fewer parking spaces were being used now than in 2007; this was also supported by citywide traffic numbers that Council Minutes of December 8, 2009 Page 5 of 12 showed a 15 percent reduction in traffic since 2007, which was most likely due to changes in the economy. Using the 2007 counts was deemed a more conservative approach to analyzing the parking into the center and the Commission concluded the study adequately analyzed parking demands for this project. The appellant also raised concerns about conditions of approval regarding the parking structure pointing out that the structure was historically underutilized due to its inconvenient location and the availability of more convenient parking in front of the theater. Based on recommendations in the parking analysis, Mr. Amstrup stated, the Planning Commission included conditions to increase use of the parking structure: by having employees of the retail building required to park in the structure; offering valet parking services, constructing an awning covering the walkway on the east side of the building constructed between the structure and the front entrance of the theater; and having patrons exit the theater on the east side of the building closest to the structure with way- finding signs encouraging use of the parking structure. The applicant also proposed to upgrade the appearance and accessibility of the parking structure to make it more convenient and inviting to customers. Mr. Amstrup added the appellant did not believe those conditions of approval were adequate or included appropriate monitoring mechanisms, however, the Commission found the plans and improvements required by these conditions would be effective in increasing the use of the parking structure and the applicant would be required to comply with approval of the plans on an on -going basis. In his concluding statement, Mr. Amstrup remarked the proposed retail building would be a compatible land use with the surrounding commercial land uses and a complementary use for the movie theater. He further added the parking analysis concluded there would be adequate parking provided on site to meet the demands of the future retail building and the Commission also determined the impacts of the project had been evaluated and appropriate conditions of approval had been included and recommended Council uphold the Planning Commission's decision and approve the project. Mayor Pringle initiated discussion regarding the shared parking agreement between the three property owners and access points to the properties on frontage roads. Additional discussion was raised as to the feasibility of constructing a wall between each property with separate entries into the businesses with staff providing input on access points and property owner rights. Mayor Pringle opened the public hearing. Peter Mitchell, representing applicant Dan Akarakian, owner of Cinema City theatre, stated his client had purchased the movie theater in 2002 and had installed theater stadium seating, decreasing the amount of seats by 740. For its patrons, Mr. Mitchell stated it was a flagship piece and an anchor tenant and key business for the surrounding area. He stated the appellant's issue regarding a marketing brochure referring to the property as 11,000 square feet, was due to a broker's error over which his client had no control. He emphasized the structure was 10,000 square feet as approved and that the Bank of America had sent a letter supporting the project. He indicated his client intended to be a good neighbor to the surrounding businesses and his marketing plan would play up those businesses through coupons, flyers, signage and advertisements. Cinema City would also be using incentives to better utilize the parking structure including covered walkways and better egress, and they looked forward to having this project approved. Richard DeBaakis, Imperial Promenade property owner, believed Cinema City had not reached out to its neighboring business as promised and asked that his consultants provide comments on the project prior to his concluding statement. Council Minutes of December 8, 2009 Page 6 of 12 Peter Colaba, Presiding Associates traffic engineer speaking on behalf of Imperial Promenade owner, had provided written information for the record. With regard to the traffic study, there were no criteria on how the study boundary had been determined and no information on project trip generation numbers or how the indoor and outdoor seating impacted the City's circulation system in the vicinity of the project had been provided. He added there was neither data nor technical analysis in the report to justify the conclusion that the project had no impact on operation of the site driveways and internal circulation. He also stated the two year old survey data on which the traffic study was based did not identify the site occupancy at that time nor whether there were any unusual activities occurring, such as off -site construction of whether improvements were going on in either of the sites. He pointed out the City's traffic engineering study before the Planning Commission hearing was not provided to the public nor contained in the staff report to the Commission. Regarding the parking structure, he stated the mitigation measures did not address the full impact that the location of the structure had in relation to the rest of the circulation and parking and that the removal of 136 parking spaces for the retail center, would put an additional burden on Imperial Promenade parking. Regarding earlier Council discussion of separating access points, he stated it would involve taking the shared access and moving the access point for Cinema City to the west where the currently ride -in /ride -out access was located and then providing a second access for Imperial Promenade which would also have to be restricted to ride -in /ride out. In addition, the closing of the median would provide additional operational concerns for the function of Imperial Highway as well as La Palma. Mr. Colaba ending his statement that the proposed project would have significant adverse affect on the operation and function of the site and he did not feel the items covered in the parking and site access report thoroughly addressed impacts of the 10,000 square foot expansion. Mark Nitikman, Croudace Dietrich, representing Imperial Promenade, also provided written information for the record. He summarized that the issue was this project would directly interfere with his client's property rights. He indicated a recorded easement agreement had been required by the City as a condition of approval when the theater was built and was required to eliminate one of the access points that would have gone through the Imperial Promenade property. This easement set forth the parking spaces, including the shared parking spaces. Regarding reference to an 11,000 square foot building, Mr. Nitikman stated it was their feeling that the applicant was attempting to chop up the project, which was a violation of CEQA. Once the CEQA exemption was approved, there was a concern that the applicant would request a minor variance and increase the size of the project to the 11,000 square feet mentioned in the brochure. The second major issue related to the conditional use permit and he did not believe Council could make the finding that the project would not adversely affect neighboring properties. He added the proposed mitigation measures or suggestions staff and the applicant mentioned could not be judged as to whether they were successful and there were no enforcement mechanisms included and no way to revisit the issues. Ridchard DeBaakis, remarked he had purchased the property in 1990, and when the Cinema City property was bought and a two year project with site plans and access points was developed, both parties agreed they would receive the approval of the other party if the site plan was modified. Cinema city, he added, was in violation of that agreement, and the Council Minutes of December 8, 2009 Page 7 of 12 only way he had been provided information on the expansion was by retrieving information from the City. In 1990, Mr. DeBaakis expressed the concern that the parking structure in the rear of the property would not be convenient and therefore not utilized. He added Cinema City had owned this property for seven years and if they had been a good neighbor, improvements and incentives to use the parking structure would have been done earlier. He further added that the loss of 136 parking spaces for the expansion would impact parking for Imperial Promenade patrons. Vanessa Manez, student, remarked that both properties complemented each other and she hoped a resolution could be found. She supported the parking structure, however, pointed out she did not use it due to lack of lighting and safety concerns. Mayor Pringle discussed lighting and safety issues with staff. Mr. Amstrup stated lighting would be a component of the site plan that would return for Planning Commission approval, if the project went forward. A Canyon High School parent, resident, remarked at times, dropping off and picking up teens from the theater was difficult as well as egress from the theater. With no other comments offered, Mayor Pringle closed the hearing. Peter Mitchell offered rebuttal, stating that with a new drop off zone and valet parking, the congestion should be alleviated. He added with better lighting, better signing, a security plan and improved stairwells, over time, he believed the parking structure would be a success. Mayor Pringle discussed the relocation of handicapped parking spaces and requested staff revisit the design and consider placing the spaces against the building rather than in the new parking area. Additional discussion was held regarding the 82 shared parking spaces and the fact it was an agreement between two private parties, and not a City issue if either of the two parties was not conforming to the agreement. Ted White, Senior Planner, stated the reason the parking agreements were put in place was to compensate Cinema City who had lost parking spaces when the shared driveway was constructed. Council Member Hernandez discussed various access point options with City staff as well as the findings of the traffic study. He pointed out there did not appear to be a problem unless the study was not accurate, to which Mr. Amstrup responded staff considered the findings of the traffic study to be accurate. Council Member Galloway thanked the public for offering comments. She supported building the covered walkway to the parking structure in such a way as to encourage its use, by being aesthetically pleasing, having good lighting and places where seniors could rest and possibly locating automated ticket booths closer to the rear of the theater. Mr. Mitchell indicated Cinema City would be open to suggestions. Council Member Sidhu supported this expansion which would create more jobs and new retail prospects for the City and moved to determine the proposed project was categorically exempt from compliance with CEQA under Class 3, New Construction and to approve RESOLUTION NO. 2009 -174 OF THE CITY OF ANAHEIM approving Conditional Use Permit 2008 -05372 and Variance #2009 04795, seconded by Council Member Kring. Council Minutes of December 8, 2009 Page 8 of 12 Council Member Kring also supported this expansion, and for bringing new business to the city at a time when other commercial centers were going out of business. Mayor Pringle requested Council be provided and briefed on the proposed Site Improvement Plan which would subsequently be submitted to the Planning Commission to insure the plans discussed are fully activated in the parking structure, including lighting, benches, movie posters, signage or whatever was necessary to encourage its use. Council Member Sidhu suggested giving an incentive, possible $1 off ticket price, for patrons to use the parking structure. Roll Call vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. 18. CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY- APPROVED) C350 AMENDMENT TO DEVELOPMENT AGREEMENT NOS.: DAG 2005 00001, DAG 2005 -00002 and DAG2005 -00003 OWNERS: Bob Linder, BRE Properties, Inc., 5141 California Avenue, Suite 250 Irvine, CA 92614 Bert Haboucha, 1515 E. Katella Avenue Anaheim, LLC, 5 Park Plaza Suite 1640 Irvine, CA 92614 APPLICANT: Nicolle Ferrier, Huitt- Zollars, 430 Exchange, Suite 200 Irvine, CA 92602 LOCATION: 1515 East Katella Avenue, 1761 and 1781 South Campton Avenue and 1551 East Wright Circle. The applicant proposes to modify Section 9.5 of the Development Agreement and conditions of approval relating to the required relocation of an adjacent vehicular driveway. 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 provision of the California Environmental Quality Act (CEQA). ACTION TAKEN BY THE PLANNING COMMISSION: Approved and recommended City Council approval of Amendments to Development Agreement Nos. DAG2005- 00001, DAG2005 -00002 and DAG2005 -00003 (VOTE: 7 -0) (Planning Commission meeting of September 30, 2009) MOTION: K/G Find and determine that the previously- approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for these requests. ORDINANCE NO. 6162 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving Amendment No. 1 to Development Agreement No. 2005 -00001 by and between the City of Anaheim and BRE Properties, Inc. pertaining to the relocation of an adjacent driveway (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said amendment for and on behalf of the City. ORDINANCE NO. 6163 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving Amendment No. 2 to Development Agreement No. 2005 -00002 by and between the City of Anaheim and 1515 E. Katella Avenue Council Minutes of December 8, 2009 Page 9of12 Anaheim, LLC pertaining to the relocation of an adjacent driveway (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said amendment for and on behalf of the City. ORDINANCE NO. 6164 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving Amendment No. 2 to Development Agreement No. 2005 -00003 by and between the City of Anaheim and BRE Properties, Inc. pertaining to the relocation of an adjacent driveway (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said amendment for and on behalf of the City. C.J. Amstrup, Planning Services Manager, reported the Planning Commission had recommended Council approve a modification of three development agreements relating to a requirement to relocate an existing driveway at the Bank of America site located at Campton Avenue and Katella Avenue. The properties covered in these development agreements were situated west of an existing Bank of America building with driveway access on Katella Avenue. Each development agreement contained a requirement for the developer to use its best efforts to relocate the driveway from Katella Avenue to Campton Avenue, necessary because the Bank of America driveway was too close to Campton Avenue and would result in conflict between vehicles exiting the bank and vehicles entering and exiting Campton Avenue and Katella. Mr. Amstrup stated the developer contacted the Bank of America property owner but was unable to acquire the right to relocate the driveway and since the agreements contained a provision that required the applicant to request Council initiation of eminent domain proceedings in the event the developers were not able to relocate the driveway, the applicant then followed this requirement and requested Council initiate eminent domain proceedings. He pointed out that staff then worked with the applicant to identify an alternative to eminent domain that would address the circulation issues until the driveway could be relocated as part of the future Katella Avenue Street Widening and Beautification efforts. An interim circulation improvement plan for Campton Avenue was completed which allowed a right turn only from Campton Avenue to westbound Katella Avenue and prohibited right turns from Katella Avenue onto Campton Avenue. The interim condition would be set in place until the driveway relocation was completed with the street widening project by the City as part of the Platinum Triangle community facilities district improvements. Based on efforts made by the applicant to meet the obligations of the development agreements, in recognition that the interim intersection improvements were adequate and the proposed modifications provided for the reimbursement of costs incurred by the City, staff recommended approval of the request. Mayor Pringle opened the public hearing for comments. Robert Sostrum, Huitt- Zollars, authorized agent for both BRE properties and 1515 Katella Anaheim, stated he had worked with staff in attempting to meet the condition of the development agreement and concurred with the final findings by staff for this amendment to all three of the development agreements attached to Tract 16831. With no other comments offered, Mayor Pringle closed the public hearing. Council Member Kring moved to find and determine that the previously approved Mitigated Negative Declaration was adequate to serve as the required environmental documentation for the requests and to introduce ORDINANCE NO. 6162 AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving Amendment No. 1 to Development Agreement No. 2005 -00001 by and between the City of Anaheim and BRE Properties, Inc. pertaining to the relocation Council Minutes of December 8, 2009 Page 10 of 12 of an adjacent driveway (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said amendment for and on behalf of the City; and to introduce ORDINANCE NO. 6163 AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving Amendment No. 2 to Development Agreement No. 2005 -00002 by and between the City of Anaheim and 1515 E. Katella Avenue Anaheim, LLC pertaining to the relocation of an adjacent driveway (ii) making certain findings related thereto, and to introduce ORDINANCE NO. 6164 AN ORDINANCE OF THE CITY OF ANAHEIM (i) approving Amendment No. 2 to Development Agreement No. 2005 -00003 by and between the City of Anaheim and BRE Properties, Inc. pertaining to the relocation of an adjacent driveway (ii) making certain findings related thereto; seconded by Council Member Galloway. Roll Call Vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. 19. This is public hearing to consider approval of a resolution creating Underground T107 District No. 57 located at Lincoln and Dale. RESOLUTION NO. 2009 -175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM creating Underground District No. 57 (Lincoln /Dale). MOTION: K/S (Approved Vote 5 -0) Dukku Lee, Public Utilities Department, reported the City's underground conversion program was in its 19` year and the Utilities Department had undergrounded 98 circuit miles throughout the City, helping to improve the reliability of the electric system as well as beautify the City streets. Item No. 19 would create Underground District No. 57, proposed to be formed on Lincoln Avenue from Knott Avenue (the west City limit) to west of Magnolia and on Dale Avenue from Crescent Avenue to Ball Road. This was a 3.5 mile stretch of roadway and included electric distribution as well as communication facilities on the utility poles. The project was to be issued as a design /build project with construction anticipated in mid -2011. He added this district was included in the five year plan to coordinate with Southern California Edison (SCE) that had an obligation to remove 15 percent of its pole lines within the City. SCE had facilities along Lincoln and that section would be combined with an existing Dale Avenue project which had been in a previous plan and by undergrounding SCE's facilities on Lincoln, including the 0 line which was recently removed from the south portion of the City, Edison would be able to meet 13 percent of its 15 percent obligation. Mr. Lee added the remaining two percent would be identified when a mutual location was identified. Mayor Pringle opened the public hearing for comments and receiving none, closed the hearing. Council Member Kring moved to approve RESOLUTION NO. 2009 -175 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM creating Underground District No. 57, seconded by Council Member Sidhu. Roll Call Vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. Council Minutes of December 8, 2009 Page 11 of 12 20. This is public hearing to consider approval of a resolution creating Underground T107 District No. 58 at Imperial and the SR -91. Mayor Pringle opened the public hearing. No public comments. Mayor Pringle closed the public hearing. RESOLUTION NO. 2009 -176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM creating Underground District No. 58 (Imperial /SR -91). MOTION: G/H (Approved Vote 5 -0) Dukku Lee, Public Utilities Department, reported Underground District No. 58 was created for Imperial Highway and SR 91. CALTRANS had a planned project in 2011 to add east and westbound lanes along the 91 freeways and there were utility poles along the north and south side of the freeway impacted by this project. CALTRANS' project would be to add one general purpose lane eastbound from the 55 freeway to Weir Canyon Road and westbound from the 241 to Imperial Highway. Undergrounding had been proposed to coordinate with the CALTRANS project in order to remove the poles in lieu of relocating them. Mr. Lee remarked that if approved, the District would be scheduled for design in 2010 and constructed in 2011, to coordinate with CALTRANS schedule. Mayor Pringle opened the public hearing for comments and hearing none, closed the hearing. Council Member Galloway moved to approve RESOLUTION NO. 2009 -176 OF THE CITY OF ANAHEIM creating Underground District No. 58, seconded by Council Member Hernandez. Roll Call vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. Report on Closed Session Action: NONE Council Communications: Mayor Pro Tem Hernandez expressed his condolences to State Senator Marian Bergeson on the death of her daughter. He announced that the 1 3 th MEU would be home for the holidays and gift card donations were being accepted for the families. He further announced the Metrolink Holiday Toy Express would be held on December 12 Council Member Galloway commended Frank Garcia for the success of the "We Give Thanks" Thanksgiving Feast which provided over 15,000 meals to the homeless. She reported that she attended the Nutcracker Ballet performed by Anaheim Ballet on December 5 and then recognized City employee, Denise Silberman with the City Attorney's Office. Council Member Kring commended Frank Garcia for the success of the "We Give Thanks" Thanksgiving Feast. She requested City Manager, Tom Wood review water usage at City facilities, specifically the Honda Center and reported on various scams and thefts, urging residents to be vigilant during their holiday shopping. She also encouraged volunteers to participate in decorating the Anaheim Rose Parade Float and provided information on the December 13, 2009 CIM home auction. Ms. Kring further expressed her condolences to the Vela family for the loss of their son. Council Minutes of December 8, 2009 Page 12 of 12 Council Member Sidhu commended Frank Garcia for the success of his Thanksgiving Feast. He commented on St. Boniface's 150 Anniversary celebration, the Orange County Special Olympic Committee's basketball competition empowering individuals with disabilities and the promotion of breast cancer awareness hosted by Canyon High School's basketball team on December 10 At the request of Mayor Pringle, Public Utilities General Manager, Marcie Edwards, reported on the City's efforts and success in water conservation. She indicated a recently completed water audit of City use in parks, golf courses, medians and facilities had been made and found the City had been reducing water usage over nine percent. Mayor Pringle expressed his condolences to the Vela family and commended Anaheim's response team for their efforts during this tragedy. He spoke about Disneyland's Candlelight Ceremony and extended an invitation to his annual holiday reception to be held on December 15, 2009, City Hall. ADJOURNMENT; At 8:04 P.M., with no other business to conduct, the December 8, 2009 Council meeting was adjourned. Respectfully submitted, Linda N. Andal, CMC City Clerk