2006/05/09
ANAHEIM, CALIFORNIA
CITY COUNCIL REGULAR ADJOURNED MEETING
MAY 9, 2006
The May 9,2006 City Council meeting was called to order at 3:00 P.M. in the Council Chambers of
Anaheim City Hall, 200 South Anaheim Boulevard and adjourned to 4:00 P.M. for lack of quorum.
The adjourned meeting of May 9, 2006 was called to order at 4:00 P.M. by Mayor Pringle.
PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob
Hernandez and Harry Sidhu.
STAFF PRESENT: City Manager Dave Morgan, 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 May 5, 2006 at
the City Hall exterior bulletin board.
ADDITIONSlDELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Mayor Pringle moved to closed session for the following items:
CLOSED SESSION
1. 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. 05CC01902.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Name of case: Mullenberg v. City of Anaheim, et al., Orange County Superior Court Case No.
03CC03558.
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9
Number of potential cases: one
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code
Section 54956.9
Number of potential cases: one
Facts and circumstances: proposed waiver of error in bid of GMC Engineering for the Ball
Road and Harbor Boulevard Intersection Improvement Project, and possible litigation by
second lowest bidder, Hillcrest Contracting.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 2
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency negotiator: Dave Morgan
Negotiating parties: National Football League, City of Anaheim, and the Anaheim
Redevelopment Agency
Under negotiation: price and terms
At 5:25 P.M., Mayor Pringle reconvened the Council meeting.
FlaG Salute:
Reverend Clyde Lewis, Mount Zion Baptist Church
Council Member Hernandez
Invocation:
Presentations:
Recognizing Tiara Din on receiving a Disneyland Resort Scholarship
Andrae Rivas, representing Disneyland Resort, commented on the scholarship program and
highlighted Tiara Din's accomplishments as a Western High School senior.
Proclaiming May 12, 2006 as Fibromyalgia Awareness Day
Phyllis Talarico, accepted the proclamation on behalf of the North Orange County Fibromyalgia
support group, and gave an account of the effects of the disease.
Proclaiming Mayas Veterans Appreciation Month
Daniel Sanchez, a veteran and representative of California Employment Development Department
(EDD) thanked Council for the proclamation on behalf of veterans, and announced the Anaheim
EDD office would be hosting a benefits workshop on May 18th specifically for identifying veteran
entitlements and a job fair for veterans and the community at large on May 24th at Angels Stadium.
Recognizing the Peralta Adobe Museum
Sandra Day and Ranger Sam Edwards, representing the Santa Ana Canyon Historical Council,
expressed their gratitude to Council for their participation in the opening of the museum.
Acceptance of Other ReCOGnitions (To be presented at a later date):
Recognizing Tony Bruno for being honored by the Anaheim Chamber of
Commerce
Recognizing Richard A. Knowland on being honored by the Anaheim Chamber
of Commerce
Mike Adams, Chairman of Anaheim Chamber of Commerce, thanked Council for the proclamations
recognizing Tony Bruno and Richard Knowland and commented on their specific accomplishments
in the Anaheim community. He indicated the recipients would be honored at a Chamber event
held on May 15th.
Proclaiming May 15, 2006 as Meals on Wheels Day in Anaheim
Recognizing PFC Raymond Henry
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 3
Recognizing Members of Cub Scout Pack 110 on achieving the Arrow of Light
Jimmy Lee-Ong, Cub Scout Pack 100 Leader, explained the Arrow of Light was one of the highest
ranks a cub scouts could achieve, stating the individual cub scouts would be honored in a
ceremony on May 15, 2006.
At 5:50 P.M., Mayor Pringle called to order the Anaheim Housing Authority in joint session with the
City Council for public comments.
ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: The amount listed in Agenda Item No.9
was corrected to read $421,003.75
PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS):
Jimmy Gaston, representing Feedback Foundation, announced that his organization benefited the
elderly by serving lunches to 75 elders in two Anaheim community centers five days a week. He
indicated the Foundation also provided and delivered three meals a day to 149 Anaheim resident
elders and thanked Council for the support received through the Community Development Block
Program.
Je'net Kreitner, representing Second Harvest Food Bank, noted they had collected over 21,000
pounds of food from the March food drive, specifically thanked the Anaheim Ducks for contributing
over 5,000 pounds and the Magnolia and Anaheim school districts for their participation. She
reminded the public that Saturday, May 13th was the annual postal service food drive which also
benefited the Second Harvest Food Bank announcing Anaheim residents may donate cans of food
to leave at mail boxes on that date.
William Fitzgerald, Anaheim HOME, addressed his remarks to local council elections
Related to Council campaign contributions, Mayor Pringle brought up the point the public could
access up-to-date campaign contribution reports for each council candidate and elected members
on the City's website, www.Anaheim.net.
Trish Hachten, resident, spoke of the need for a dog park in the City, inquiring as to the status of
her request. Mayor Pringle responded that staff had been researching a joint dog park site with
other Orange County cities and referenced the challenge of utilizing limited resources. He added
that he had been reflecting on site locations and mentioned the possibility of property under Edison
easements and not adjacent to residences.
Michael Adams, Chairman of Anaheim Chamber of Commerce, supported the renewal of Measure
M on the agenda, ranking improving and sustaining the City's infrastructure as a priority issue in
the business community.
Laine Lawson, Clear Channel Outdoor Company, stressed his firm had been working on a process
for a billboard relocation program in the City and had presented a report to staff and the Council,
requesting that the report be agendized to discuss pursuing the best solution for the City.
Larry Rosenberg, co-director of Anaheim Ballet, reported the American Ballet Theatre was offering
a program for local schools and had asked the Anaheim Ballet company to help facilitate the
program, citing the benefits students received from that program. He added that two of the
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 4
Anaheim Ballet Company's accomplished dancers had been accepted by the Royal Danish and
the Orlando Ballet companies.
James Robert Reade with comments on the Anaheim Police Department.
Alma Ramirez with comments on discrimination.
As no other remarks were offered, Mayor Pringle closed the public comment session.
Council Member Lorri Galloway, recognizing individual's rights to speak, solicited speakers during
public comments to be respectful of minors and other listeners and not use inappropriate language.
At 5:46 P.M., Mayor Pringle recessed the City Council session to consider the Housing Authority
agenda and reconvened the Council meeting at 6:10 P.M.
CONSENT CALENDAR:
Mayor Pringle removed Item No's. 8, 9, 11, 16 and 21 from the Consent Calendar for further
discussion; Council Member Chavez removed Item No. 17. Council Member Galloway moved to
approve the balance of the consent calendar Items 2 - 28, seconded by Council Member
Hernandez 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. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members:
Chavez, Galloway, Hernandez and Sidhu. Noes: - O. Motion carried.
2. Reject certain claims filed against the City.
C118
3. Receive and file the Housing and Community Development Commission minutes of April 5,
B105 2006 and Golf Commission minutes of March 23, 2006.
4. Receive and file the Monthly Financial Analysis presented by the Finance Director for six
D128 months ended December 31,2005.
5. Approval of Amendment NO.2 to the agreement with CWA AlA, Inc., for consultant services
3448 to provide construction documents and construction observation services for the exterior
renovation addition to the Central Library Rehabilitation Project.
6. Approve the Final Map and Subdivision Agreement of Tract No. 16794 located at 500-518
4018 S. Harbor Boulevard, 412 W. Santa Ana Street and 519 S. Helena Street.
7. Approve the Final Map and Subdivision Agreement of Tract No. 16831 located at 1515
4019 E. Katella Avenue.
10. Award the contract to the lowest responsible bidder, General Pump Company, Inc., in the
4022 amount of $270,100, authorize the Finance Director to approve and execute the Escrow
Agreement pertaining to contract retentions for the Private Well Destructions Fiscal Year
2005-2006 project.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 5
12. Approve the Acquisition Agreement for the purchase of real property located at 1665 West
4024 Katella Avenue and authorize the acquisition payment of $350,500 to Dennis L. Myers for
the Katella Avenue Smart Street project.
13. Authorize the issuance of a change order to a master agreement for O.C. Tanner
0180 Recognition Company to change and enhance the current service award program and
increase the not-to-exceed amount by $30,000 for a one-year period to become effective by
June 1, 2006.
14. Authorize the issuance of purchase orders to Spectrum Care Landscape and Mariposa
0180 Horticultural Enterprises in the amount not to exceed $32,500 each for landscaping
services on the rights of way, parkways, medians and tree wells in the east and west
sections of the City.
15. Waive Council Policies 306 and 401 and approve the master agreement with Iron Mountain
4025 Information Management, Inc., in an amount not to exceed $100,000, for services related to
off-site storage of City records.
18. Approve the consultant services agreement with Moore lacofano Goltsman, Inc, in an
4026 amount not to exceed $211,453, for the master planning, schematic design, preparation of
construction documents, construction observation, and post-construction services for the
Burris Pit Recreational Area project.
19. Approve an agreement between Richard Heath & Associates, Inc. and the City of Anaheim,
4027 to assist the Anaheim Public Utilities Department with the administration of the Small
Business Energy Management Assistance Program, in an amount not to exceed $410,000
for a period of one-year, with the option of two, one-year renewals; and authorize the Public
Utilities General Manager, to execute and implement the agreement and related documents
and take such actions as necessary to implement the agreement.
20. RESOLUTION NO. 2006-072 A RESOLUTION OF THE CITY COUNCIL OF THE
P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein. (City Deed Nos. 10944, 10947-50)
22. RESOLUTION NO. 2006-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
0113 OF ANAHEIM approving the records retention schedule for the City Attorney's Department.
RESOLUTION NO. 2006-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the records retention schedule for the City Clerk's Department.
RESOLUTION NO. 2006-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the records retention schedule for the City Administration
Department.
RESOLUTION NO. 2006-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the records retention schedule for the Human Resources
Department.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 6
RESOLUTION NO. 2006-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the records retention schedule for the Finance Department.
RESOLUTION NO. 2006-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the records retention schedule for the Community Development
Department.
RESOLUTION NO. 2006-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM approving the records retention schedule for the Community Services
Department.
RESOLUTION NO. 2oo6-081.L- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the records retention schedule for the City Treasurer's
Department.
RESOLUTION NO. 2006-082. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the records retention schedule for the Convention Center,
Sports and Entertainment Department.
RESOLUTION NO. 2006-083 J.' A RESOLUTION OF THE CITY COUNCI~ OF THE
CITY OF ANAHEIM approving the records retention schedule for the Police Department.
23. RESOLUTION NO. 2006-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
4028 OF ANAHEIM authorizing the City of Anaheim to enter into an agreement for Contract No.
C207280 with the State of California for the per capita grant program under the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2002.
24. RESOLUTION NO. 2006-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
0160 OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application
on behalf of the City of Anaheim to the U.S. Department of Justice, National Institute of
Justice, to participate in the FY 2006 Paul Coverdell Forensic Science Improvement Grants
Program, authorizing the Chief to execute all required grant documents, and if awarded,
authorizing the acceptance of such grant on behalf of the City and amending the budget for
Fiscal Year 2006-07 accordingly.
25. RESOLUTION NO. 2006-086 A RESOLUTION OF THE CITY COUNCIL OF THE
0182 CITY OF ANAHEIM authorizing the destruction of certain city records more than two years
old. (Public Utilities Department)
26. ORDINANCE NO. 6024 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE
C280 CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to Zoning (RECLASSIFICATION NO. 2005-00167). (1100-1200
West Lincoln Avenue) (Introduced at the April 25, 2006 meeting, Item 33)
27. RESOLUTION NO. 2006-087 A RESOLUTION OF THE CITY OF COUNCIL OF THE
D175 CITY OF ANAHEIM adding a sewer impact and improvement fee for the east area of the
City of Anaheim. (Continued from April 25, 2006 meeting, Item 41)
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 7
ORDINANCE NO. 6025 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adding Section 10.12.095 to Chapter 10.12 of Title 10 of the Anaheim
Municipal Code establishing a Sewer Impact and Improvement Fee for New and Expanded
Development in the East City Area. (Introduced at the April 25, 2006 meeting, Item 41)
28. Approve the regular meeting minutes dated April 25, 2006.
END OF CONSENT CALENDAR:
8. Award the contract to the lowest responsible bidder, GMC Engineering, Inc., in the amount
4020 of $1,678,026.45, authorize the Finance Director to approve and execute the Escrow
Agreement pertaining to contract retentions for the Lincoln Avenue street widening project
from State College Boulevard to Sunkist Street.
9. Award the contract to the lowest responsible bidder, GMC Engineering, Inc., in the amount
4021 of $421,003.75, authorize the Finance Director to approve and execute the Escrow
Agreement pertaining to contract retentions for the Lincoln Avenue and Sunkist Street
intersection improvements project.
11. Waive any irregularity in the bid of GMC Engineering, Inc. with a finding that such waiver is
402~, deemed to best serve the interest of the City, and award the contract to the lowest
.3 responsible bidder, GMC Engineering, Inc. in the amount of $394,010, authorize the
Finance Director to approve and execute the Escrow Agreement pertaining to contract
retentions, for the Ball Road and Harbor Boulevard intersection improvement project.
City Manager Dave Morgan informed Council that Item No's. 8, 9 and 11 were related; Mayor Pro
Tem Chavez then requested a staff presentation. Gary Johnson, Public Works Director and City
Engineer, reported public works construction projects under State Public Contracts Code in the
City Charter were not professional service agreements, nor were they negotiated or part of a
Request for Proposal. He explained construction projects were a public bidding process and in the
three particular projects identified in Item No's. 8, 9 and 11, staff was recommending the low bidder
be awarded the contract. The bid in Item No. 11, he added, had been protested and Council had
been briefed by the City Attorney on that matter. Mr. Johnson also stated the firms bidding on the
construction projects were construction firms, not consulting design firms. Mayor Pringle pointed
out that all three items were being awarded to the same low bidder, which caught his attention,
which was why he asked for further information. Mr. Johnson indicated the Department had
provisions in the contracts regarding collusion among bidders and there was no evidence this had
occurred. He pointed out this particular bidder had worked for the City in the past and that two
contracts being awarded in the same area created some efficiencies related to construction
management. Council Member Sidhu asked how the bidding process worked; Russ Maguire,
Deputy City Engineer stated bids were advertised in two newspapers, the FW Dodge publication (a
contractor's publication) and was also noticed on the City's website. In all three cases, he added,
there had been good coverage and good response to the bid process. City Clerk Sheryl Schroeder
confirmed the sealed bids were then received in the City Clerk's office, opened in public in the
Council Chambers on the published bidding date with the contractor's name and bid amount
announced and then turned over to the department for their use.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 8
Mayor Pringle moved to approve Items 8, 9 and 11, seconded by Council Member Hernandez.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - O. Motion carried.
16. Approve the proposed amendment and bylaw changes to the Anaheim Senior Citizens
B105 Commission Bylaws as required by City Charter Section 904.
Mayor Pringle remarked that a City-established commission was requesting changes to their
bylaws and that one of the recommended changes was to the language stating an individual
missing three consecutive meetings was subject to removal by the Commission. The modification,
noted Mayor Pringle, was to change that wording to three meetings during a fisca/year. Terry
Lowe, Community Services Director, explained the Senior Citizens Commission had members
miss a number of unexcused meetings during the year which was why the language change was
proposed. He also clarified that should the Commission recommend a member be removed due to
unexcused absences, that recommendation would come to Council for consideration. After
discussion, Mayor Pringle asked that the language be modified to read, "a commissioner missing
three meetings during a fiscal year without proper notification of his/her absence could be subject
to removal by City Council actionB or words to that effect.
Council Member Hernandez moved to approve Item No. 18 as modified; Council Member Galloway
seconded the motion. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez,
Galloway, Hernandez and Sidhu. Noes - O. Motion carried.
17. Adopt a Negative Declaration for the Burris Pit Recreational Area development project.
C350
Council Member Chavez congratulated staff with moving forward with the Burris Pit Recreational
Area project but suggested the name be changed in some manner, omitting the word "pit." Mayor
Pringle stated there had been some objection from the Orange County Water District to changing
the name to Anaheim Coves as the Burris Pit name had been retained to reflect past history as the
Burris family mining site. After some discussion, Council Member Chavez moved to approve Item
No. 17, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council
Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried.
21. RESOLUTION NO. 2006-073 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
0175 OF ANAHEIM, STATE OF CALIFORNIA approving the renewed Measure M Transportation
Investment Plan.
Mayor Pringle reported the Orange County one half cent sales tax measure which funded
transportation improvements was due to expire in 2011 and that Orange County Transportation
Authority (OCT A) was moving forward with a renewal of that measure and that he had chaired the
OCT A 2020 Committee which crafted the renewal plan. The pool of dollars, he announced, would
be distributed in the same manner as current Measure M funds with 43 percent allocated to
freeway projects, 32 percent to cities and the County for streets and road projects and 25 percent
designated for transit projects. Mayor Pringle confirmed the OCT A board had voted to accept the
renewal plan and it would now go to every city in Orange County to determine if the measure
would be placed before Orange County voters. He stated the majority of the population in the
incorporated areas of Orange County must take action and once that was accomplished, the
County Board of Supervisors must agree before the voters would have the opportunity to cast their
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 9
ballot in November. He emphasized the plan was developed with much input from cities across
the County and that the $11.8 billion dollars collected over the proposed 30-year period was
committed to a variety of significant projects many of which would directly benefit the City of
Anaheim. He acknowledged the largest pool of money was for freeway projects with $1.4 billion
earmarked to improve traffic congestion on the 91 freeway and additional funds allocated for
widening of the 57 freeway.
The Mayor noted the City had been working with OCT A and the County to purchase property to
develop the largest Intermodal center in Anaheim and that significant funds had been dedicated to
transit, particularly for connections to airports and regional access. He pointed out Anaheim
residents and businesses as well as the Anaheim Angels and Disneyland would benefit by that
element of the transit projects. He discussed Project S which committed funds to communities
able to build links to transit stations and that Anaheim staff was moving forward with a design to
submit for funding of a system that would link the Pond, the ARTIC Station, Anaheim Stadium, the
Platinum Development, the Convention Center and Disneyland. He talked of a pool of resources
which would be available to ensure that with the development of new roadways, the environmental
impacts of storm water runoff would be addressed. He also indicated funds would be available for
senior services and senior mobility, looking at long range transportation of non-emergency medical
needs of seniors and discounted fares.
Mayor Pringle underlined the renewal plan was a 30-year tax extension of the existing one-half
cent sales tax and that no additional tax would be incurred after that period. He also commented
there had been greater focus on ensuring the proper annual audit and citizen oversight committees
was included so all elements of the plan would be constantly reviewed to insure OCT A was
spending funds properly and also give the voters and opportunity, if they chose, to modify
expenditures in the plan at every 10 year interval.
With the California State legislature approving a $19 billion transportation bond to be put before the
voters in November for statewide improvements, Mayor Pringle emphasized the renewal of
Measure M would not only commit local dollars to local needs but would provide the funds
necessary to match any State future programs and magnify local efforts should the bond issue
pass.
Mayor Pringle questioned how many dollars in the streets and roads element of Measure M funds
would be diverted to Anaheim. Gary Johnson, Director of Public Works/City Engineer responded
that under the Local Fair Share Program, the return to cities under the renewed Measure M would
be $222 million over a 30 year period. Under the current Measure M, the City would receive $66
million over a 20-year period and these funds primarily maintained the local streets and roads. For
the Regional Capacity Program, he stated, Anaheim typically had competitive projects due to the
capacity and congestion in this area of the county. He added staff would be focusing on
intersection capacity projects and regional synchronization of traffic signals, indicating there were a
thousand miles of arterial streets in the County eligible for synchronization through a number of
cities with many of those arterials traversing the City of Anaheim.
Council Member Sidhu declared he fully supported Measure M renewal as it would save
commuters time and money by reducing congestion, particularly on the overburdened 91 freeway.
Council Member Hernandez also supported the renewal, stating cities could not depend on the
State to assist with local street and road repairs.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 10
Council member Chavez moved to approve Resolution No. 2006-073, second by Council Member
Hernandez.
RESOLUTION NO. 2006-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEHIM approving the renewed Measure M Transportation Investment Plan.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - O. Motion carried.
29. Consider appointment to the Planning Commission, term to expire June 30, 2009. (Ed
B105 Perez) (Continued from the April 25, 2006 meeting, Item 40)
With the consent of Council, Mayor Pringle continued this item to May 16, 2006.
30. Consider appointment to the Park and Recreation Commission, term to expire June 30,
B105 2007. (Rick Skinner)
With the consent of Council, Mayor Pringle continued this item to May 16, 2006.
PUBLIC HEARINGS:
31. CEQA NEGATIVE DECLARATION
P100 GENERAL PLAN AMENDMENT NO. 2005-00439
RECLASSIFICATION NO. 2005-00168
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2005-05046
TENTATIVE TRACT MAP NO. 16932
OWNER: Property Reserve Inc., Attn: Mark Gibbons, 5 Triad Center, Suite 650, Salt Lake
City, Utah 84180
AGENT: Jackie Rodarte, The Olson Company, 3020 Old Ranch Parkway, Suite 400, Seal
Beach, CA 90740
LOCATION: 1731 Medical Center Drive: Property is approximately 2.5 acres, having a
frontage of 462 feet on the north side of Medical Center Drive and is located 587 feet west
of the centerline of Euclid Street.
General Plan Amendment No. 2005-00439 - Request to redesignate the property from
the Public Institutional land use designation to the Low-Medium Density Residential land
use designation.
Reclassification No. 2005-00168 - Request to reclassify the property from the C-G
Commercial (General Commercial) zone to the RM-3 (Residential, Multiple-Family) zone
or less intense zone.
Conditional Use Permit No. 2005-05046 - Request to permit a 32-unit, single-family
attached residential condominium project with waivers of (a) permitted encroachments into
required street setback and (b) minimum distance of monument sign from public right-of-
way.
Tentative Tract MaD No. 16932 - Request to permit a 1-lot, 32-unit airspace attached
residential condominium subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
CEQA Negative Declaration denied (6 yes votes, Commissioner Velasquez abstained).
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 11
General Plan Amendment No. 2005-00439 denied (7 yes votes).
Reclassification No. 2005-00168 denied (7 yes votes).
Waiver of Code Requirement denied (7 yes votes).
Conditional Use Permit No. 2005-05046 denied (7 yes votes).
Tentative Tract Map No. 16932 denied (7 yes votes).
The Olson Company's request to continue to July 11, 2006 is granted.
Mayor Pringle disclosed this item had been continued for many months with the Olson Company
requesting it be delayed again to July 11, 2006. With the consent of Council, Mayor Pringle
continued the hearing to July 11 th but requested staff notify the Olson Company of Council's
desire to resolve this matter with no further delays.
32. CEQA ENVIRONMENTAL IMPACT REPORT
C330 NO. 331 IPREVIOUSL Y CERTIFIED) AND SUPPLEMENTAL EIR NO. 1278 AND EIR NO.
1716 IPREVIOUSL Y CERTIFIED)
GENERAL PLAN AMENDMENT NO. 2006-00441
OWNER: Irvine Land Company, LLC., 550 Newport Center Drive, Newport Beach, CA
92660
AGENT: City of Anaheim, 200 South Anaheim Boulevard, Anaheim, CA 92805
LOCATION: This General Plan Amendment applies to an approximately 1.45-mile
planned segment of Jamboree Road, west of and parallel to the Eastern Transportation
Corridor (SR-241) between Weir Canyon Road and the southern City limits.
City-initiated (Planning Department) request to amend the Circulation Element of the
General Plan to remove a planned Hillside Secondary Arterial roadway (identified as
Jamboree Road).
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommend City Council approval of the CECA Environmental Impact Reports and the
adoption of General Plan Amendment. Vote: 6-0; Commissioner Karaki abstained.
Sheri Vander Dussen, Planning Director, stated Item 32 was a request to remove the planned
extension of Jamboree Road in the Mountain Park project area from the City's General Plan
Circulation Element. She explained that last year Council had approved an amendment to the
Mountain Park Specific Plan (MPSP) to reduce the density of the project from 7,966 units to 2,500
units and that the City of Orange had also approved reductions in the number of dwelling units in
the East Orange development project which resulted in a seventy percent decrease in the planned
residential development for both cities. Based upon these reductions, she noted OCT A amended
its Master Plan of Arterial Highways to remove or modify several roadways in Anaheim, Orange
and the County and that one of the amendments included the removal of the future extension of
Jamboree Road between Weir Canyon Road in Anaheim and Santiago Road in Orange. She
clarified OCT A had determined that the lower density projects would result in less projected traffic
volume and that the removal of these roadways would not negatively effect circulation in Orange
County and that this portion of Jamboree Road was not needed to serve the project. The
environmental documents relating to the Mountain Park Specific Plan amendment in 2006 also
indicated that an amendment to the General Plan Circulation Element to remove Jamboree Road
would be processed after completion of the County's Master Plan of Arterial Highway projects. Ms.
Vander Dussen stated both Planning Commission and staff recommended approval of the
proposed General Plan amendment.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 12
Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing.
Council Member Galloway moved to find and determine that the previously-certified Final
Environmental Impact Report (EIR) No. 331 prepared in connection with the Mountain Park
Specific Plan, and Supplemental EIR No. 12781EIR No. 1716 prepared in connection with the
Santiago Hills II and East Orange Development Project in the City of Orange, are sufficient to
serve as the environmental documentation for this action and approve Resolution No. 2006-088,
Seconded by Council Member Chavez.
RESOLUTION NO. 2006-088 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving General Plan Amendment No. 2006-00441, pertaining to
the Circulation Element.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - O. Motion carried.
33. CEQA ENVIRONMENTAL IMPACT REPORT NO. 331
C330 CPREVIOUSL Y CERTIFIED) AND MITIGATION
MONITORING PROGRAM NO. 137
AMENDMENT NO.2 TO THE MOUNTAIN PARK SPECIFIC PLAN NO. 90-4
OWNER: Irvine Land Company, LLC., 550 Newport Center Drive, Newport Beach, CA
92660
AGENT: Bryan Austin, Irvine Community Development, 550 Newport Center Drive,
Newport Beach, CA 92660
LOCATION: The Mountain Park Specific Plan No. 90-4 area encompasses 3,001 acres
located generally in Gypsum Canyon, south of the Riverside (SR-91) Freeway, in Orange
County, California. The majority of the project site is in the jurisdiction of the City of
Anaheim; however, open space areas in the southern- and eastern-most portions of the
project site are in unincorporated County of Orange jurisdiction in the City of Anaheim's
sphere-of-influence. SR-91 is immediately north of the project site, and the SR-241
bisects the site into eastern and western segments.
Amendment No.2 to the Mountain Park Specific Plan No. 90-4 (SPN2006-00033) -
Request to amend the Mountain Park Specific Plan conditions of approval to add
refinements and clarifications to fiscal conditions.
ACTION TAKEN BY THE PLANNING COMMISSION:
CECA Environmental Impact Report No. 331- Recommend City Council approval.
Amendment No.2 to the Mountain Park Specific Plan No. 90-4. Recommend City Council
approval.
Miscellaneous Permit No. 2006-00134 - Approved.
Final Site Plan No. 2006 - 00004 - Approved.
Tentative Tract Map No. 16665 - Approved. Modified Condition Nos. 2 and 4. Added a
condition of approval.
Specimen Tree Removal Permit No. 2006-00001 - Approved.
Vote 6-0. Commissioner Karaki abstained.
Sheri Vander Dussen, Planning Director, reported that last year Council had approved an
amendment to the Mountain Park Specific Plan (MPSP) to allow 2,500 new homes in this area
and in March the Planning Commission had approved the first tentative tract maps to allow
development on the westside of the 241. Related to this first subdivision, she informed the Irvine
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 13
Company requested to amend the timing of two conditions of approval. The first condition
required the property owner to establish a mechanism to provide on-going information concerning
the fiscal impacts of the project; while the second condition required the property owner to form a
community facilities district or other financing mechanism to guarantee the project generated
revenues to meet the costs of City services for the area. She added the requested amendments
would postpone the timing of these conditions from prior to approval of the first tentative tract map
to prior to issuance of the first building permits. Ms. Vander Dussen emphasized that approval of
the request would continue to insure the required fiscal conditions would be satisfied prior to the
sale of the first homes in the new community and that both the Planning Commission and staff
recommended approval of the amendment.
Mayor Pringle opened the public hearing.
Bryan Austin, representative of Irvine Development Company, thanked staff for their assistance
and indicated granting the request would give the developer more time to meet the conditions.
With no other testimony received, Mayor Pringle closed the hearing.
Council Member Sidhu moved to find and determine that the previously-certified Final
Environmental Impact Report No. 331 and Mitigation Monitoring Program No. 137 are sufficient to
serve as the environmental documentation, approve Resolution No. 2006-089 and introduce
Ordinance No. 6026, seconded by Council Member Hernandez.
RESOLUTION NO. 2006-089 A RESOLUTIN OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM adopting Amendment No.2 to the Mountain Park Specific Plan No. 90-4 (SPN2006-
00033) and amending Resolution No. 2005-177 accordingly.
ORDINANCE NO. 6026 (Introduction) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending Ordinance 5993 as to certain conditions of approval (Amendment #2 to
the MPSP #90-4),
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - o. Motion carried.
Report on Closed Session Actions:
Jack White, City Attorney, reported Council had authorizing filing of a cross complaint on
Mullenberg vs. City of Anaheim, Case #03CC03558.
Council Communications:
With the recent death of Raymond Henry, Council Member Hernandez reported that four Anaheim
families had now suffered losses as a result of the Iraqi war, expressing condolences to the Henry
family. He gave an account of his recent trip with Mayor Pringle to Dallas to make a presentation
to an eleven-member NFL owner's association, remarking it had been very well received.
Council Member Galloway suggested agendizing the Clear Channel billboard report. Mayor
Pringle recommended a workshop for a full discussion of the issues, asking that it be established
at the earliest possible meeting. Council Member Galloway also responded to public comments on
the Social Service Taskforce and the Anaheim Family Justice Center which would be opening in
ANAHEIM CITY COUNCIL MEETING MINUTES
May 9, 2006
Page 14
early July, established as a result of the Social Service Task Force. She emphasized the Justice
Center consisted of an integrated system which would change the way victims of certain crimes
received help since most of the services would be located in one building and that this would serve
as a model program for others to follow.
Council Member Sidhu reported he had attended the groundbreaking ceremony for homes in the
Platinum Triangle and provided details on the residential development. He also spoke of his
admiration for Tiger Woods' father, Earl Woods who had passed away, commenting he was a great
role model, father and soldier. Council Member Sidhu reminded the public that May 21st through
May 27th was National Public Works Week.
Council Member Chavez asked the City Council to conclude the meeting with a moment of silence
to honor Army PFC Raymond Henry and to establish this as a matter of course in the future.
Mayor Pringle reported on his recent trip to Dallas with Council Member Hernandez and their
successful presentation. He thanked City staff for the hard work in putting the presentation
together commenting he felt it was important to make that presentation to the NFL owners in order
for them to understand the City's level of commitment. The NFL owners were scheduled to meet
on May 2200 and 23rd in Denver to discuss the presentations made by Anaheim and Los Angeles.
He mentioned the U.S. Men's Volleyball Team were now practicing at the American Sports Center
everyday at 2:00 P.M. and invited the public to attend the practices. The Mayor also visited local
high schools to apprise the students of the Mayor's Tech Scholarship program and had attended a
Tiger Woods Foundation fund raiser in Las Vegas where the proceeds would benefit the Anaheim
Tiger Woods Learning Center. He spoke of attending Earl Woods' funeral held at the Tiger Woods
Learning Center and of paying tribute to Earl Woods as a great father and person.
Mayor Pringle asked for a moment of silence in honor of Army Pfc. Henry who died in the line of
duty on April 24, 2006.
The meeting adjourned at 7:34 P.M.
Next regular City Council meeting is scheduled for May 16, 2006.
heryll Schroeder, MMC
City Clerk