2009/12/15ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED MEETING
OF DECEMBER 15, 2009
The meeting of December 15, 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 15, 2009 at 4:38 P.M. in the Chambers of Anaheim City Hall located at 200 South
Anaheim Boulevard. A copy of the agenda was posted on December 11, 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.
2. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the Government Code)
Agency designated representative: Kristine Ridge
Name of employee organizations: Anaheim Municipal Employees Association
(AMEA) General Employees; Anaheim Municipal Employees Association
(AMEA) Clerical Employees; Service Employees International Union (SEIU)
Local 1877 and Teamsters Local 952
At 5:12 P.M., Council session was reconvened.
INVOCATION: Pastor Carl McAulay, The Rock Four Square Church
FLAG SALUTE: Council Member Lorri Galloway
PRESENTATIONS: Recognizing the winners of the Anaheim Beautiful Holiday Lights
Contest
Pat Pina, Anaheim Beautiful, recognized five residential homes for holiday lighting awards in
the categories of best inspirational, most traditional, most unique, best display and best
Council Minutes of December 15, 2009
Page 2 of 12
animation. Mr. Stox Restaurant received recognition for Community Spirit and Best
Commercial.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing Finance Director, Bill Sweeney on his retirement
ADDITIONS /DELETIONS TO THE AGENDA: Item No. 14, a revised resolution containing
the addition of CEQA exemption language, was provided to Council and available for the
public review.
PUBLIC COMMENTS (all agenda items):
Assemblyman Curt Hagman extended best wishes to all during the holidays, stating he was
pleased to represent Anaheim and his doors were open for constituent concerns.
William Fitzgerald, resident, cited Disneyland fireworks display impacts to Anaheim
residents.
Brian Beger, AMEA, recommended the union be part of the solution in mitigating the City's
financial crisis urging Council to retain its employees rather than consider privatization.
Margaret Hunter, parks employee, remarked existing crews insured Anaheim's parks were
clean and safe and maintained at a high level of service and hoped employees could help
resolve budget issues without cutting positions.
Benjamin DePaul, 30 -year employee, urged Council to preserve jobs and front line services
which helped make Anaheim a great city in which to live and work.
Dwight, a 27 -year city employee, stated front line employees were known and trusted by
residents and had always put the people of Anaheim first, emphasizing that caring and
experience would not be a part of contracted services.
Nick Berardino, Orange County Employees Association, urged Council protect working
families and not take any action at this time regarding privatization of park jobs. He added
that an independent polling of Anaheim residents supported this position as well and
provided suggestions to address some of the budget issues.
Amin David, resident, suggested Council consider other methods of increasing revenue,
such as a "Disneyland gate tax" rather than consider layoffs at this time.
Theresa Duncan, offered her support to City employees, remarking they had always gone
out of their way to help her disabled clients and because of them, the park system was well
maintained.
Council Member Galloway commented there was a spirit of excellence and a deep caring by
City employees for the city and the job they performed, which she and other Council
members deeply appreciated. She emphasized that the workforce was the backbone of the
success of this community and she would consider all avenues before any cuts to the
workforce.
Council Minutes of December 15, 2009
Page 3 of 12
Mayor Pringle stated there were tough challenges ahead to address the $6 million shortfall
and every member of the Council had met with city administration to discuss how to get
through this next round of budget cuts. He appreciated comments offered today and
understood the concerns raised, adding that the City would work through these issues
responsibly and further responded to Mr. Berardino's suggestions relating to Council's
salary.
Council Member Sidhu thanked employees for sharing their viewpoints, but also pointing out
that in this economic crisis, Anaheim had lost car dealerships, sales tax was down 20
percent and property tax revenue reduced with the adding impact of the state taking away
redevelopment funds in an effort to meet their own budget problems. He indicated the City
was looking at ways to stimulate more business for Anaheim and invited options from
employee groups as to how to address this shortfall.
Council Member Kring echoed earlier council comments, thanking employees for their show
of support and remarking on other ways of decreasing expenditures. Council Member
Hernandez recognized the dedication and commitment of City employees emphasizing
Council would do everything possible to soften the blow of the $6 million revenue shortfall.
CONSENT CALENDAR: Mayor Pringle removed Item No. 11 for further discussion and
Council Member Hernandez removed Item No. 13. Council Member Kring moved to waive
reading in full of all ordinances and resolutions and to adopt the balance of the consent
calendar in accordance with the reports, certifications and recommendations furnished each
council member and as listed on the consent calendar, seconded by Council Member
Hernandez. Roll call vote: Ayes 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes 0. Motion Carried
1. Approve the 2010 City's Investment Policy.
D117
2. Approve the Investment Portfolio Report for November 2009.
D117
3. Adopt the revisions to the Library Board Bylaws of the Anaheim Public Library.
B105
4. Waive the sealed bid requirement of Council Policy 4.0 and authorize the
D180 Purchasing Agent to issue a purchase order to PinPoint GeoTech, LLC, in the
amount of $53,358.75, for remote data collection devices and software for the
Public Works Department, Streets and Sanitation Division.
5. Award the contract to the lowest responsible bidder, International Line Builders,
6022 Inc., in the amount of $1,695,000, to extend electrical distribution facilities to
serve the new Kaiser Permanente complex at 3400 E. La Palma Avenue and
authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
6. Award and approve agreements with Iteris, Inc., Kimley -Horn and Associates,
6023 6025 Inc., and PB Americas, Inc. for on -call traffic modeling services.
6024
7. Award and approve the design and engineering services agreement with KFM
6026 Engineering, Inc. for the Tustin Avenue and La Palma Avenue widening and
intersection improvements and increase the Public Works' fiscal year 2009/10
expenditure appropriation by $550,000.
Council Minutes of December 15, 2009
Page 4 of 12
8. Approve the Agreement for the Acquisition of Real Property Easement Taking
6027 and Temporary Construction Easement with the Anaheim Redevelopment
Agency, in the total settlement payment amount of $15,624, for property located
at 510 South Atchison Street for the Rail- Highway Grade Crossing Safety
Enhancement project (R/W ACQ2009- 00340).
9. Approve and ratify the Stipulation for Judgment and Final Order of
D175 Condemnation, in the final settlement amount of $1,000,000, and authorize the
final settlement payment of $106,105 to Euclid Shopping Center, a California
General Partnership, for property located at 1696 West Katella Avenue for the
Katella Avenue Smart Street Ninth Street to Humor Drive project (RNV
ACQ2004- 00204, ACQ2004- 002005 and ACQ2004- 00206).
10. Approve the First Amendment to Agreement with Republic Waste Services of
1483.II.1 Southern California, LLC, to haul tree waste for recycling purposes.
12. Approve and authorize the Public Utilities General Manager to execute an
1513.D agreement with Community Action Partnership of Orange County, in an amount
not to exceed $230,000, for one year, to provide weatherization services and
energy efficiency appliances to Anaheim Public Utilities income qualified
residential customers, with the option for two consecutive extensions, up to one
year each, for a total cost not —to- exceed $690,000.
14. RESOLUTION NO. 2009 -177, A RESOLUTION OF THE CITY COUNCIL
D182 OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manager to
submit such applications on behalf of the City of Anaheim to the California
Energy Commission for funding under the Municipal and Commercial Building
Targeted Measure Retrofit Program for projects that achieve significant energy
savings, and if awarded, authorizing the acceptance of such assistance on behalf
of the City.
Certify that the lighting retrofit program is statutorily exempt under the California
Environmental Quality Act, in accordance with Title 14 of the California
Administrative Code, Section 15301.
Approved revised Resolution, as announced. Vote: 5 -0
15. RESOLUTION NO. 2009 -178, A RESOLUTION OF THE CITY COUNCIL
D182 OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manager to
submit an application on behalf of the City of Anaheim to the State of California
for Proposition 84 funding program grant, and designating the Public Utilities
General Manager as Anaheim's authorized representative.
16. RESOLUTION NO. 2009 -179, A RESOLUTION OF THE CITY COUNCIL
D154.1 OF THE CITY OF ANAHEIM approving a Letter of Understanding between the
D154.2 Anaheim Municipal Employees Association, Clerical and General Units and the
City of Anaheim.
Council Minutes of December 15, 2009
Page 5 of 12
17. RESOLUTION NO. 2009 -180, A RESOLUTION OF THE CITY COUNCIL
6028 OF THE CITY OF ANAHEIM approving an agreement with the State of California
Environmental Protection Agency accepting a grant of funds from the
Aboveground Petroleum Storage Tank Act and authorizing the Fire Chief or his
designee to sign the agreement and any or all other documents relating to the
receipt and administration of such grant funds.
Authorize an increase to the Fire Department's fiscal year 2009/10 budget by
$3,205.59.
18. ORDINANCE NO. 6161 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 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; Introduced at the meeting of December 8, 2009,
Item No. 15).
19. ORDINANCE NO. 6162 (ADOPTION) AN ORDINANCE OF THE CITY OF
D159 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 (Introduced at the meeting of December 8, 2009, public hearing
Item No. 18).
ORDINANCE NO. 6163 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM (1) 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 (iii) authorizing the Mayor to execute said
amendment for and on behalf of the City (Introduced at the meeting of December
ORDINANCE NO. 6164 (ADOPTION) 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 (Introduced at the meeting of December 8, 2009, public hearing
Item No. 18).
END OF CONSENT CALENDAR:
11. Approve the allocation of $455,000 in unprogrammed CDBG funds for Historic
D155 Preservation and HUD 108 Loan activities, amend the fiscal year 2009 -10
Community Development and Community Services budgets accordingly and
approve the policy guidelines and modification of the Housing Rehabilitation
Program to provide beautification grants to homeowners in designated locations
within CDBG eligible neighborhoods.
Elisa Stipkovich, Community Development Executive Director, reported there was $455,000
in unprogrammed CDBG funds remaining this fiscal year due to receiving additional monies
and for cost savings on various projects. This item, she explained, was proposed to allocate
Council Minutes of December 15, 2009
Page 6 of 12
those funds to assist in historic preservation and HUD 108 Loan activities. In addition to
reprogramming CDBG funds, staff also requested Council approve policy guidelines and
modifications to the Housing Rehabilitation Program to provide beautification grants to
homeowners in designated locations within CDBG eligible neighborhoods.
In recent budget discussions, Ms. Stipkovich reported the Community Services Department
identified a need to ensure the continued preservation and operation of various historic
properties such as Founder's Park. Staff was recommending $420,000 be used to increase
the Historic Preservation budget for this purpose with the remaining balance of $35,000
used to offset the costs incurred in the processing of current loans through HUD.
At the request of several council members, staff also drafted program guidelines for a
neighborhood beautification program, recommending that CDBG housing rehabilitation
funds be used in certain qualifying areas to make exterior home improvements such as
painting, landscaping, driveways, street trees and street lighting through grants to
homeowners. This beautification effort, she explained would improve both sides of streets
for maximum effect and grants of up to $10,000 would be made available to low and
moderate income homeowners in specific CDBG eligible areas that met specific criteria.
She added that as the City had provided low- interest housing rehabilitation loans to low-
income homeowners for many years, the loan repayments were deposited into a revolving
fund for future loans. There was currently $700,000 available which could be used to initiate
beautification work in two or three targeted neighborhoods. She added Council would have
final approval once those areas were identified for improvement.
Mayor Pringle supported the reprogramming of CDBG funds to address the budget shortfall
in specific areas but was not comfortable in giving $10,000 in grants to homeowners with no
repayment to the City. He suggested separating the two issues, taking action on the first
and requesting staff return with a more detailed beautification program, taking into account
his comments.
Council Member Kring concurred and recommended bringing back the beautification
guidelines in 60 days. Council Member Sidhu remarked he was interested in finding ways to
beautify the City with the funds being repaid and on a smaller scale than the $10,000
identified. Council Member Hernandez was in favor of the concept of improving
neighborhoods and the direction staff was heading, but expressed more concern with
absentee landlords of large apartment complexes.
Council Member Kring moved to bifurcate Item No. 11 by approving the allocation of
$455,000 in unprogrammed CDBG funds and amending the FY 2009/10 accordingly and 2)
denying the policy guidelines and modification of the Housing Rehabilitation Program,
requesting staff return to Council with various rehabilitation options within 60 -days,
seconded by Council Member Sidhu. Mayor Pringle suggested staff prepare several
rehabilitation options focusing on maximizing dollars along with information on what other
cities were doing in this arena. Roll Call Vote: Ayes 5: Mayor Pringle and Council
Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried.
13. Approve and authorize the Public Utilities General Manager to execute the Tong -term
4466.1 Consolidated, Amended, and Restated Power Purchase Agreements with Brea
Power II, LLC and Brea Power Partners, L.P. for the purchase of 32.8
megawatts of landfill gas renewable energy, authorize the General Manager to
Council Minutes of December 15, 2009
Page 7 of 12
implement and administer the agreement, including the purchase and /or
reservation of transmission service as applicable, certify that 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 General Manager to execute such documents and take further
actions as may be required to comply with the proposed CEC regulations related
to greenhouse gases EPS.
Marcie Edwards, General Manager, reported the Public Utilities Department had entered
into an agreement to receive energy from a 5- megawatt facility located at the Brea landfill.
This contract included an additional 20 megawatts projected to be available to Anaheim by
next year, however, she pointed out, construction of the new facility had been stalled for
many reasons. As a result of the delay and combined with higher credit requirements to
finance the project, Brea Power needed an amendment to increase the price from the
original contract in order to go forward with construction of the new facility. She explained
they offered to increase the amount of power to Anaheim, extend the contract term and fix
the price over the term of the contract as well. Staff recommended approval of this
amendment for its environmental benefits as well as the long -term price benefit.
Council Member Hernandez emphasized that the contract was slightly increased in price
and had the added benefit of more capacity and a longer term in which Anaheim would
receive a stable source of renewable energy for the next 33 years. He praised staff for their
efforts and moved to approve Item No. 13, seconded by Council Member Galloway. Roll
Call Vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and
Sidhu. Noes 0. Motion Carried.
20. Consider an appointment to complete the unexpired term on the Housing and
B105 Community Development Commission, West Neighborhood Council, term to
expire June 30, 2011 (Darlene Powell).
Appointment: Everado Nava
Mr. Everado Nava was nominated by Council Member Kring and with no further nominees
offered, Mr. Nava was unanimously appointed to the West Neighborhood Council
21. Review regional agency appointments and consider (re)appointing
B105 representatives to serve on the regional boards and agencies.
Council Member Hernandez moved to reappoint all incumbent representatives to the various
regional boards and agencies and to reappoint Council Member Kring to the Vector Control
Board for a 4 -year term, seconded by Council Member Kring. Roll Call Vote: Ayes 5:
Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0.
Motion Carried.
Four Corners Transportation Coalition (3 -year term, ending Dec. 2012):
(RE) APPOINTMENT: BOB HERNANDEZ
Vector Control (2 or 4 -year term, ending Dec. 2011 or 2013):
(RE) APPOINTMENT: LUCILLE KRING, for term ending 2013
Council Minutes of December 15, 2009
Page 8 of 12
Fire Training, Joint Powers Authority:
(RE) APPOINTMENT: LORRI GALLOWAY
Orange County -City Hazardous (HAZMAT) Emergency Response Authority:
(RE) APPOINTMENT: LORRI GALLOWAY
Growth Management Area 1:
(RE) APPOINTMENT: LUCILLE KRING
HARRY SIDHU, ALTERNATE
Growth Management Area 2:
(RE) APPOINTMENT: LUCILLE KRING
HARRY SIDHU, ALTERNATE
Growth Management Area 3:
(RE) APPOINTMENT: LORRI GALLOWAY
BOB HERNANDEZ, ALTERNATE
Growth Management Area 4:
(RE) APPOINTMENT: LORRI GALLOWAY
BOB HERNANDEZ, ALTERNATE
Orange County Sanitation District:
(RE) APPOINTMENT: HARRY SIDHU
LUCILLE KRING, ALTERNATE
Santa Ana River Flood Protection Agency:
(RE) APPOINTMENT: BOB HERNANDEZ
MARK VUKOJEVIC, ALTERNATE
Transportation Corridor Agency (Foothill Eastern):
(RE) APPOINTMENT: LUCILLE KRING
BOB HERNANDEZ, ALTERNATE
22. Consider making the initial appointments to the Anaheim Sister City Commission.
B105
Mayor Pringle Appointments:
Appointment: SANDY DAY (through June 30, 2010)
Mayor Pringle's second appointment continued to January 12, 2010
Mayor Pro Tem Hernandez Appointments:
Appointment: JOHN NGUYEN (through June 30, 2010)
Mayor Pro Tem's second appointment continued to January 12, 2010
Council Member Galloway Appointments:
Appointment: HENRY SOUCY (through June 30, 2010)
Appointment: KIMBERLY TULLENERS (through June 30, 2011)
Council Member Kring Appointments
Appointment: MARGE CONWAY (through June 30, 2010)
Council Member Kring's second appointment continued to January 12, 2010
Council Minutes of December 15, 2009
Page 9 of 12
Council Member Sidhu Appointments:
Appointment: RANDY AMIRI (through June 30, 2010)
Appointment: SWAT! PATEL (through June 30, 2011)
TERMS EXPIRING JUNE 30, 2012:
Appointment: ANNE PIEROY (AUHSD, Trustee)
Appointment: BRIAN O'NEAL (AUHSD, Trustee)
Appointment: RUSSELL LAHODRY (Sr. VP, Chamber of Commerce)
Appointment: ELAINE CALI (VP of Communications, OC VCB)
Appointment: KYOKO SMITH (Anaheim Colony Resident)
23. Nominate and appoint one Council Member to serve as Mayor Pro Tem for the
D114 2010 calendar year.
Appointment: HARRY SIDHU
Council Member Galloway nominated Harry Sidhu for Mayor Pro Tem and Council Member
Kring offered her name in nomination. Vote for Council Member Sidhu reflected (Ayes 4:
Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Noes 0.
Abstention 1: Council Member Kring. Vote for Council Member Kring: Ayes 1: Council
Member Kring. Noes 0. Abstentions 4: Mayor Pringle and Council Members: Galloway,
Hernandez and Sidhu.
Harry Sidhu appointed as Mayor Pro Tem. Council Member Kring requested her abstention
be reflected as an affirmative vote.
PUBLIC HEARING:
24. CEQA CATEGORICAL EXEMPTION, CLASS 1
C250 VARIANCE NO. 2009 -04790
OWNER/APPLICANT: Anaheim Gardens Homeowner Association
4175 East La Palma Avenue, Suite 100, Anaheim, CA 92806
LOCATION: 944 South State College Boulevard. The applicant proposes to
modify the landscape setbacks adjacent to a single family residential zone and
parking and drive aisle standards to permit additional parking spaces.
Environmental Determination: The proposed action is Categorically Exempt
from the requirement to prepare additional environmental documentation per
California Environmental Quality Act (CEQA) Guidelines, Class 1 (Existing
Facilities).
ACTION TAKEN BY THE PLANNING COMMISSION:
VOTE 5 -0 (Commissioners Agarwal and Karaki absent) for the following item:
Approved Variance No. 2009 04790, modified Condition No. 1 to remove the
requirement for bollards and to require the planting of 15 gallon trees (PC2009-
098) (Planning Commission meeting of October 12, 2009; Appealed by Kim
Williams on October 27, 2009)
MOTION: S/H Determine the proposed project is categorically exempt from
compliance with CEQA under Class 1, Existing Facilities.
Council Minutes of December 15, 2009
Page 10 of 12
RESOLUTION NO. 2009 -181 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Variance No. 2009 04790
C.J. Amstrup, Planning Services Manager, reported this October, the Planning Commission
had approved a variance requested by Anaheim Gardens Homeowners Association (HOA)
to retain 18 parking spaces in a residential complex located at State College and Wagner
Avenue. The variance permitted a reduced setback, a more narrow drive aisle and shorter
parking stalls than permitted by code. He noted the Commission's approval included
requirements to add trees to compensate for lost landscaping and removal of wheel stops in
the new stalls in order to allow vehicles to pull further into the parking stalls to increase
space in the adjacent drive aisle. On October 26 Kim Williams appealed the Planning
Commission's decision citing concerns related to the location of the required trees and the
cost of the required landscaping and relocation of the wheel stops.
Presenting background details on this project, Mr. Amstrup reported Anaheim Gardens had
been developed in 1972 with a total of 212 parking spaces, including 170 spaces in garages
and 43 surface parking spaces which complied with City Code at that time. After
development of the complex and in connection with street improvements, the City then
removed on- street parking along State College Boulevard and Wagner Avenue which had
been used frequently by residents of Anaheim Gardens. He explained that in response to
concerns of residents living in this neighborhood, the HOA decided to add new parking
spaces within the complex by replacing some of the landscaping east of Cedarwood Lane
next to existing residences with new parking spaces and the Planning Department
subsequently approved a site plan for construction of the 18 new parking spaces. After
construction began, a Cedarwood Lane resident contacted the City to ask if the new spaces
were consistent with Code as he was concerned about the loss of landscaping near his unit
and possible damage to the wall of his home from vehicles backing out of the new stalls.
Staff then re- examined the plans and determined they were not consistent with code
because the setback area between the new parking spaces was not wide enough and the
parking stalls were not deep enough. Mr. Amstrup added that Cedarwood Lane,
constructed at 20 feet in width in 1972, would be narrower as cars in the new spaces would
extend slightly into the street and if constructed today, would be required to be 24 feet wide.
In May of 2006, after determining the parking spaces were approved in error, Mr. Amstrup
indicated the Department sent the Association a letter rescinding the approval; however, the
contractor continued with the work and the parking spaces were installed. Staff then
requested the Association either remove the parking spaces or request a variance and the
Association began working with staff on the application in January of 2009 at no cost to the
HOA. After the application was filed, staff met with members of the HOA board, the property
manager, and residents living near the new spaces and attempted to find a revised plan
which would address the concerns of the Association and the appellant. In order to find a
compromise that would address the concerns of the largest number of stakeholders, staff
arranged a neighborhood meeting on the night of September 23, 2009 during which a wide
range of alternatives were discussed and input received from the homeowners. Most
comments, he stated, preferred either removal of the parking spaces and restoring the
landscaping or keeping the new spaces and removing the wheel stops to increase the width
of the drive aisle to allow back -up room for cars. He added the homeowners also asked
whether it would be possible to restore some street parking on Wagner Avenue which staff
determined was possible and was now in effect.
Council Minutes of December 15, 2009
Page 11 of 12
At the Planning Commission meeting on October 12 approval was given to the retention of
the 18 parking spaces with conditions requiring the HOA to plant six trees near the parking
spaces. The Commission also required the removal of concrete wheel stops from each of
the 18 spaces in order to allow vehicles to overhang two feet into the setback area to allow
vehicles to pull further into the spaces and reduce encroachment into Cedarwood Lane. Mr.
Kim Williams then appealed the Commission's decision citing concerns about the installation
of six trees and the cost of meeting the conditions of approval. Mr. Amstrup noted staff had
reviewed the concerns and recommended that the condition of approval be revised to allow
the planting of six trees either in the setback area adjacent to the homes or adjacent to the
two homes along Cedarwood Lane. Planting of the trees in either location would add back
some of the lost landscaping due to the new parking spaces and he added, staff also
recommended keeping the size of the trees to 24 inch box trees. Furthermore, to address
the appellant's concern that the City should bear the cost of the new trees and removing the
concrete wheel stops since the error was made in approving the site plan, Public Utilities
staff offered to provide the trees through its TreePower Program at no cost to the HOA. The
City additionally did not charge the Association to file the variance nor was the appellant
charged a fee to file the appeal. Given these efforts, Mr. Amstrup stated staff recommended
upholding the Planning Commission decision and denying the appeal.
Diana Burns, New Star Management, remarked the cost to install and remove wheel stops
was minimal and thanked the City for the donated trees. She indicated the work would go
forward as soon as Council approved the variance.
Kim Williams, appellant, voiced his concern about the cost which would be passed on to
residents, stating it was not fair to homeowners to bear the cost of the City's error.
Mayor Pringle commended the HOA for working with the City on this issue. He added he
felt the appellant was unreasonable as the City had recognized their error, processed both
the variance and appeal at no fee and was working to rectify the error with the least cost
possible to the HOA. He felt there was a significant effort on behalf of the City and the HOA
in moving forward.
Council Member Sidhu moved to determine the proposed project was categorically exempt
from compliance with CEQA under Class 1, Existing Facilities and to approve RESOLUTION
NO. 2009 -181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
approving Variance No. 2009 04790, 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 Actions: NONE
Council Communications:
Council Member Hernandez reported on the passing of recent retirees and of community
volunteer, Eliza "Liz" Cason. He also informed the community of the Community Services
Department excursion to the 2010 Rose Parade float and the 13 Marine Expeditionary Unit
donations received.
Council Member Galloway recognized Johnny Chan, an engineer in the Public Works
Department.
Council Minutes of December 15, 2009
Page 12 of 12
Council Member Kring announced that the Savanna High School Mighty Marching Rebels
brought home top honors for their first 5A Championship competition and announced the
scheduled date for the COPS for Kids fundraiser.
Council Member Sidhu announced Peter Muth, businessman and philanthropist, was
honored with a plaque on Anaheim's Walk of Stars.
Mayor Pringle reported on his attendance at the Anaheim OC Walk of Stars event which
recognized leaders who contributed to the quality of life in Orange County and discussed the
recent tragic accident involving Nicholas Vela and the steps Anaheim would take to enhance
safety. He asked staff to draft a letter proposing the Anaheim City School District share the
cost of a crossing guard for that intersection.
ADJOURNMENT; At 8:16 P.M., with no other business to conduct, the December 15,
2009 Council meeting was adjourned.
Respectfully submitted,
Linda N. Andal, CMC
City Clerk