2007/01/09ANAHEIM, CALIFORNIA
CITY COUNCIL REGULAR ADJOURNED MEETING
JANUARY 9, 2007
The regular meeting of January 9, 2007 was called to order at 3:00 P.M. and adjourned to 3:30
P.M. for lack of quorum. Mayor Pringle called the January 9, 2007 regular adjourned session to
order at 3:44 P.M.
PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille
Kring and Harry Sidhu.
STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and Acting City Clerk
Catherine Godoy
ADDITIONSIDELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
At 3:45 P.M., Mayor Pringle adjourned to closed session for the following items:
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Approximately 53 acres generally northerly of Angel Stadium of Anaheim, 2000
Gene Autry Way, Anaheim, California
Agency negotiators: Dave Morgan, Joel Fick
Negotiating parties: City of Anaheim, Anaheim Redevelopment Agency, National Football
League and/or parties to be determined
Under Negotiation: price and terms
2. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9
Number of potential cases: one
Mayor Pringle reconvened Council session at 5:25 P.M.
Invocation: Major Moses Reyes, Salvation Army
Flaa Salute: Council Member Hernandez
Presentations: Recognizing the Community Emergency Response Team
(CERT) Graduates -Michele Rivard, CERT Program Manager, introduced
members of the 17th 18th and 19th graduating class of Anaheim's CERT
program.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming January 13, 2007 as Korean American Day
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 2
The Special Meeting of the Anaheim Public Financing Authority was called to order at 5:34 P.M. for
a joint public comment session.
ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: Item 2 was removed from the agenda by
staff and Item 16 was corrected to read City Deed Nos. 10989-10997.
PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS):
Mayor Pringle introduced Virginia Zlacket, Chair of the Sesquicentennial Commission, to update
Council on the activities planned to honor Anaheim's 150th year long anniversary celebration during
the month of January. She noted Anaheim began the sesquicentennial year with an award winning
float in the Tournament of Roses Parade, taking home the coveted Mayor's Trophy for most
outstanding entry by a local, national and international city. Anaheim's Walk of Stars also began a
tradition of honoring visionary leaders, entertainers and entrepreneurs who made a positive impact
in the City and in Orange County by recognizing Walt Disney with the first star and plans to honor
Carl and Margaret Karcher during the month of January. Ms. Zlacket detailed other events
scheduled for the month and thanked Council for having the foresight to establish the
Sesquicentennial Commission to recognize this milestone in Anaheim's history.
Marla Hamblin, resident, addressed a number of concerns relating to her neighborhood, including
the need for repaving, an unlicensed carpet cleaning business with six trucks operating out of a
residence and parking problems caused by a nearby condominium development. Mayor Pringle
referred Ms. Hamblin to the Public Works Director, the Planning Director and the Police Chief for
assistance with her concerns and also explained the Anaheim Anytime program to the public. He
noted this new program would allow residents to immediately transmit their complaints and
concerns to City staff by accessing the City's website and clicking on the "Anaheim Anytime" button
and completing the form. He explained an email response would be generated back to the
resident and the program was monitored by all department heads, including the City Manager.
Linda Knolls, resident, spoke on behalf of three artistic organizations, the Anaheim Ballet, the
Orange County Symphony and Musical Theatre West, whose collective vision was to ensure
performing arts remain an essential part of Anaheim with the establishment of a permanent venue
for the arts in Anaheim. A foundation, P.A.C.E., an acronym for Performing Arts for Cultural
Enrichment, was formed and Ms. Knolls indicated that a March gala affair had been scheduled to
encourage recognition of the foundation and to procure financial commitment to its goal of bringing
cultural entertainment in the City under one roof. Mayor Pringle recognized the number of
organizations involved in this effort and thanked the private sector community for their commitment
to this goal.
John Karczynski, resident and chairman of Chance Theatre board of directors, expressed support
for the establishment of a performing arts venue remarking the arts contributed to the economic
vitality of a community and also to downtown and neighborhood revitalization.
Konstantinos Roditis, resident and president of 24/7 Yellow Cab, stated he was trying to find out
when requests for proposals would be issued for cab service within the City, as he understood the
franchise would expire on the 14th of February and he wished to bid for services in Anaheim.
Mayor Pringle requested the City Manager provide that information to Mr. Roditis and follow up to
the Council as well.
Jack Beedle, resident, complained when Time Warner took over Adelphia, eight channels were
shifted from normal cable to digital cable, reducing the number of cables originally available by
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 3
10.5 percent which provided for aback-door increase in rates since these channels were now
digital. Mr. Beedle had contacted the franchise office who had provided short-term financial relief
to Mr. Beedle, however, he was asking this action be restored for the entire community's use and
asked for Council's help. Mayor Pringle explained by law cities did not have the ability to control
cable rates and requested John Nicoletti provide answers to the resident and to Council as well.
Mayor Pringle recessed the Council session to consider the Public Financing Authority and
Redevelopment Agency agendas, reconvening Council session at 6:20 P.M.
CONSENT CALENDAR:
Mayor Pringle removed Item No's. 10, 11, 12, 13, and 14 for further discussion; Council Member
Kring removed Item No. 4. A correction was made to Item No. 17. Council Member Sidhu waived
reading in full of all ordinances and resolutions and to approve 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
3. Receive and file meeting minutes of the Library Board of September 11, 2006, October 9,
B105 2006 and November 13, 2006, and the Workforce Investment Board minutes of August 10,
2006.
5. Approve the Settlement Agreement and Release to provide relocation assistance for J & H
4398 Drilling Co., Inc. and authorize the payment in the amount of $45,000 for relocation
assistance benefits.
6. Approve and ratify the Stipulation for Entry of Judgment in condemnation for the property
P121 located at 1235 South State College Boulevard, and authorize the settlement payment of
$81,017.44 to the owners, State College Property, dba Bedrosian Marble and Tile, and
Paragon Industries, Inc.
7. Approve the Final Map of Tract No. 16606 located at the southeast corner of Harbor
P178 Boulevard and Lincoln Avenue.
8. Accept the low bid of Anawood Cleaners, in the not-to-exceed amount of $34,657 for dry
D180 cleaning and laundry service for the Convention Center for a period of one-year, and
authorize the Purchasing Agent to exercise up to three one-year renewal options, all in
accordance with Bid # 6849.
9. Accept the low bid of SmartSynch, Incorporated in the amount of $239,850 plus tax and
D180 freight for the purchase of electrical meters with communication capabilities, to be used by
the Public Utilities Department, all in accordance with Bid #6838.
15. Approve and authorize the Public Utilities General Manager to execute an agreement
1513.C between the Community Action Partnership of Orange County and the City of Anaheim to
provide weatherization services and energy efficiency appliances to Anaheim Public Utilities
income-qualified residential customers; total funding not to exceed $150,000 for one year
with the option for two consecutive extensions up to one year each for a total cost not to
exceed $450,000.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 4
16. RESOLUTION NO. 2007-001 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.
10989-48996).
CORRECTION: Should read (CITY DEED NOS. 10989-10997)
17. RESOLUTION NO. 2007-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
P110 OF ANAHEIM VACATING A PUBLIC UTILITY EASEMENT LOCATED AT 2011 EAST LA
PALMA AVENUE PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE
SECTIONS 8330 ET SEQ.-SUMMARY VACATION. (ABANDONMENT NO. ABA 2006-
00142).
18. RESOLUTION NO. 2007-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
P110 OF ANAHEIM VACATING TWO PUBLIC UTILITY EASEMENTS LOCATED AT 1331
KATELLA AVENUE PURSUANT TO CALIFORNIA STREET AND HIGHWAY CODE
SECTIONS 8330 ET SEQ.-SUMMARY VACATION (Abandonment No. ABA2006-00141).
19. RESOLUTION NO. 2007-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
P110 OF ANAHEIM VACATING A PUBLIC UTILITY EASEMENT AND A STORM DRAIN
EASEMENT LOCATED AT 1515 KATELLA AVENUE PURSUANT TO CALIFORNIA
STREETS AND HIGHWAYS CODE SECTION 8330 ET SEQ.-SUMMARY VACATION
(Abandonment No. ABA2006-00139).
20. RESOLUTION NO. 2007-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
D175 OF ANAHEIM (i) REISSUING A PROCLAMATION OF THE EXISTENCE OF A LOCAL
EMERGENCY IN THE CITY OF ANAHEIM AS HERETOFORE PROCLAIMED BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF ANAHEIM AND RATIFIED
BY CITY COUNCIL RESOLUTION NO. 2005-17, AND (ii) DETERMINING THAT THE
NEED FOR CONTINUING THE LOCAL EMERGENCY EXISTS.
21. RESOLUTION NO. 2007-006 A RESOLUTION OF THE CITY OF ANAHEIM
1880.4 APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE JOINT
EXERCISE OF POWERS AGREEMENT FOR COOPERATIVE PERSONNEL SERVICES
(CPS).
22. RESOLUTION NO. 2007-007 A RESOLUTION OF THE CITY COUNCIL OF THE
4401 CITY OF ANAHEIM, CALIFORNIA (I) APPROVING THE ISSUANCE OF NOT TO EXCEED
$225,000,000 AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS OF THE
ANAHEIM PUBLIC FINANCING AUTHORITY; (II) APPROVING THE FORMS AND
AUTHORIZING THE EXECUTION OF AN INSTALLMENT PURCHASE AGREEMENT, AN
INDENTURE OF TRUST, ESCROW AGREEMENTS, A CONTINUING DISCLOSURE
AGREEMENT, A PURCHASE CONTRACT AND OTHER RELATED DOCUMENTS; (III)
APPROVING THE DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT AND AN
OFFICIAL STATEMENT; AND (IV) APPROVING CERTAIN ACTIONS IN CONNECTION
THEREWITH. (See APFA Item #01}
23. ORDINANCE NO. 6045 (INTRODUCTION) 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. 2003-
00109).
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 5
24. ORDINANCE NO. 6046 (INTRODUCTION) 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. 2006-
00183).
25. ORDINANCE NO. 6047 (INTRODUCTION) 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. 2006-
00184).
26. Approve the regular City Council meeting minutes of December 5, 2006 and December 12,
2006.
END OF CONSENT CALENDAR:
4. Receive and file the report on the adjustment to the campaign contribution limit contained in
M142 the City of Anaheim Campaign Reform Law from $1500 to $1620 as required by Section
1.09.050 of the Anaheim Municipal Code.
Council Member Kring stated this item would increase campaign contribution limits due to an
ordinance put in place several years ago but that she could not support the contribution increase
as it would be a hardship on the small business owner, especially when businesses were
pressured to support multiple candidates. Council Member Kring also remarked that she would
like to see the contribution limit remain at $1,500 and an ordinance put in place which affirmed that
contribution rate and eliminated the need for a cost of living increase. Mayor Pringle remarked this
was a receive and file item, referencing an automatic increase and was only placed on the agenda
for the purpose of notifying the public. Council Member Hernandez stated he felt the contribution
amount hampered first time candidates in raising funds for elections and also felt the lower limit
would level the playing field; he was in favor of leaving the contribution limit at $1,500.
Mayor Pringle moved to receive and file the report, seconded by Council Member Sidhu. Roll Call
Vote: Ayes - 3: Mayor Pringle, Council Members Galloway and Sidhu. Noes - 2: Council
Members: Hernandez and Kring. Motion Carried.
10. Approve the appointment of Henry Stern as City Treasurer, at an annual salary of
D117 $140,000.
City Manager Dave Morgan announced Henry Stern had been unanimously selected by Council for
appointment to the City Treasurer position concluding an executive consulting team's recruitment
process. He noted Mr. Stern's recent background included serving as the chief investment officer
for Los Angeles for the past three years with a $6 billion investment program and prior to that had
six years with the City of Long Beach as treasury operations officer. Council Member Galloway
moved to approve Item No. 10, seconded by Council Member Hernandez. Roll Call vote: Ayes -
5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion
Carried
Mr. Morgan introduced Mr. Stern who thanked Council for the vote of confidence and looked
forward to a partnership with the City.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 6
11. Approve the appointment of Linda Nguyen as City Clerk, at an annual salary of $105,000.
D113
Mr. Morgan remarked there had also been an extensive recruitment for this position finalized by
Council unanimously selecting Linda Nguyen as City Clerk. He remarked Ms. Nguyen had
formerly been with the City of Anaheim as Deputy City Clerk, prior to taking the position of Human
Resources Director for the Orange County Library system. Council Member Kring moved to
approve the appointment of Linda Nguyen, seconded by Council Member Sidhu. Roll Call vote:
Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
Motion Carried
Mr. Morgan formerly introduced Ms. Nguyen who thanked Council for the opportunity to provide
service to staff and the community and to become part of Anaheim's management team.
12. Approve the appointment of Kristine Ridge as Human Resources Director, at an annual
D154 salary of $150,700.
Mr. Morgan remarked on the importance of the position of Human Resources Director in the
management structure noting that a thorough executive search process had been conducted by a
consulting firm with an in-house candidate, Kristine Ridge, ultimately being selected by the Council
to fill that position. He emphasized Kristine's integrity, intelligence and dedication to the City were
key factors in her selection. Council Member Hernandez moved to appoint Kristine Ridge as
Human Resources Director, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor
Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried
Mr. Morgan introduced Ms. Ridge commenting she had been with Anaheim for over 13 years and
was the Acting City Treasurer for the last year which further proved her ability at the executive level
and as a member of the City's team. Ms. Ridge thanked the Council for the opportunity to take on
this role for the City.
13. Approve and authorize the Public Utilities General Manager to exeoute an agreement
4399 between the City of Anaheim and Leighton Consulting, Inc. to provide geotechnical
engineering services for installation of monitoring instrumentation at the Olive Hills
Reservoir site for a fee of $119,500.
Marcie Edwards, Public Utilities General Manager, reported this item was to install additional
instrumentation at a reservoir site in the Hill and Canyon area on which the Department would
eventually recommend to Council that a 10 million gallon water tank be constructed. Prior to that
recommendation, she stated, the stability of the slope and surrounding area must be insured which
was the reason for installing measuring equipment. There were 54 instruments already installed
and staff planned to add 13 more to insure there was a data base of sufficient information on that
site for staff to be able to make recommendations.
Mayor Pringle moved to approve Item 13, seconded by Council Member Galloway. Roll Call vote:
Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
Motion Carried
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 7
14. Approve and authorize the Public Utilities General Manager to execute an agreement
4400 between the City of Anaheim and BonTerra Consulting to provide environmental consulting
services for compliance with California Environmental Quality Act requirements for the Nohl
Canyon Tank project for a fee of $150,000.
Marcie Edwards explained Item 14 was for approval of an agreement to provide environmental
consulting services for the proposed tank on the Hill and Canyon site, a former reservoir near Nohl
Ranch Road and Oak Canyon Road. She stated the original reservoir was built in 1962 and the
proposed project would replace the 60 million gallon reservoir with a 10 million gallon concrete
storage tank. She added staff had not only defined the needs for that site, which is why the
decrease in tank size, but had worked with the surrounding neighborhood since late 2003/04 to
determine what was needed in order to support the water system for that site and this is the
byproduct of multiple community meetings. The contract would allow for additional environmental
services in line with the continued project.
Mayor Pringle moved to approve Item 14, seconded by Council Member Hernandez. Roll Call
vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes -
0. Motion Carried
27. Consider appointments to Regional Boards and Commissions (The appointments below
B105 were continued from the December 12, 2006 meeting, Item # 39)
Orange County Water District:
APPOINTMENT: Irv Pickler
(was held by former Council Member Chavez -four year term to expire 12/03/2010)
Mayor Pringle nominated Council Member Galloway and Council Member Hernandez nominated
Irv Pickler. Vote for Council Member Galloway: Ayes - 2; Mayor Pringle, Council Member
Galloway. Abstention: 1, Council Member Sidhu. Noes - 2: Council Members Hernandez and
Kring. Motion Failed. Vote for Irv Pickler -Ayes: 3, Council Members: Hernandez, Kring and
Sidhu. Noes: 2, Mayor Pringle and Council Member Galloway. Motion Carried and Irv Pickler was
appointed to the Water District.
Transportation Corridor Agency:
APPOINTMENT: Lucille Krinq
(currently held by Council Member Galloway)
Council Member Hernandez nominated Council Member Kring. Vote: Ayes -Council Members:
Hernandez, Kring and Sidhu. Abstention: 1, Mayor Pringle. Noes - 1: Council Member Galloway.
Motion Carried and Council Member Kring appointed.
ALTERNATE: Bob Hernandez
(was held by former Council Member Chavez)
Mayor Pringle nominated Council Member Galloway who declined. Council Member Kring
nominated Council Member Hernandez, who was unanimously appointed.
Orange County Council on Governments:
APPOINTMENT: Lucille Krinq
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 8
(currently held by Council Member Hernandez)
ALTERNATE: Bob Hernandez
(was held by former Council Member Chavez)
Council Member Kring and Council Member Hernandez were unanimously appointed to the
Orange County Council on Governments as the appointee and alternate.
THE REMAINING APPOINTMENTS WERE CONTINUED TO JANUARY 30, 2007.
Santa Ana River Flood Protection Agency:
APPOINTMENT:
(was held by former Council Member Chavez -one year term)
Orange County-City Hazardous Materials (HAZMAT) Emergency Response
Authority:
APPOINTMENT:
(currently held by Council Member Hernandez)
Growth Management Area 1:
APPOINTMENT:
(currently held by Council Member Hernandez)
ALTERNATE:
(currently held by Council Member Sidhu)
Growth Management Area 2:
APPOINTMENT:
(currently held by Council Member Hernandez)
ALTERNATE:
(currently held by Council Member Sidhu)
Growth Management Area 3:
APPOINTMENT:
(currently held by Council Member Galloway)
ALTERNATE:
(was held by former Council Member Chavez)
Growth Management Area 4:
APPOINTMENT:
(currently held by Council Member Galloway)
ALTERNATE:
(was held by former Council Member Chavez)
28. Consider appointing one member to the Budget Advisory Commission, term to expire June
B105 30, 2007, and one member of the Senior Citizen Commission, term to expire June 30,
2008. (This item continued from the December 12, 2006 meeting, Item # 40)
APPOINTMENT: Trevor Austin
Budget Advisory Commission
(unexpired term of Lee Nguyen) term to expire June 30, 2007.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 9
Council Member Hernandez nominated Trevor Austin. Straw vote taken: Ayes - 3; Mayor Pringle,
Council Members Kring, Hernandez and Sidu. Noes - 0. Abstention - 1: Council Member
Galloway. Council Member Kring nominated John Corcoran. Straw vote: Ayes - 2: Council
Members Hernandez and Kring. Noes - 0. Abstentions - 3: Mayor Pringle, Council Members
Galloway and Hernandez. Mr. Austin was appointed to the Budget Advisory Commission.
APPOINTMENT: Judy Huitt
Senior Citizen Commission
(unexpired term of Ray Brooks) term to expire June 30, 2008.
Council Member Hernandez nominated Judy Huitt and with no other names offered, Ms. Huitt was
unanimously appointed.
PUBLIC HEARINGS:
29. CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN
C350 NO. 140.
RECLASSIFICATION N0.2006-00179
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2006-05109
TENTATIVE TRACT MAP NO. 16943
OWNER: La Palma Real Estate, LLC, 160 Newport Center Drive, Suite 240, Newport
Beach, CA 92660
AGENT: T & B Planning Consultants, 17542 East 17th Street, Suite 100, Tustin, CA
92780
LOCATION: 3530 - 3540 East La Palma Avenue and 1010 - 1040 North Grove Street:
Property is approximately 5.2 acres, having frontages of 410 feet on the south side of La
Palma Avenue and is located 270 feet east of the centerline of Grove Street.
Reclassification No. 2006-00179 -Request reclassification from the SP 94-1, D.A. 4
(Northeast Area Specific Plan 94-1, Transit Core Area) zone to the SP 94-1, D.A. 4 (MU)
(Northeast Area Specific Plan 94-1, Transit Core Area; Mixed Use Overlay) zone to
construct 312 single family attached condominium units.
Conditional Use Permit No. 2006-05109 -Request to construct a 312 unit, single family
attached condominium project with 39 live/work units with waivers of (a) improvement of a
private street, and (b) sound attenuation for residential developments.
Tentative Tract Map No. 16943 - To establish a 312 unit airspace attached single family
residential condominium subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
For all items below, Vote: 5-0, Commissioners Buffa and Karaki absent
CEQA MITIGATED NEGATIVE DECLARATION -Approved
AND MITIGATION MONITORING PLAN NO. 140 (READVERTISED)
RECLASSIFICATION NO. 2006-00179 -Granted
WAIVER OF CODE REQUIREMENT -Approved waivers A and B; denied waiver C since
it has been deleted.
CONDITIONAL USE PERMIT NO. 2006-05109 -Granted -modified condition no. 35
TENTATIVE TRACT MAP NO. 16943 -Approved
Appealed by Robert Smith.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 10
MOTION: HIP Vote: 4-1 (Sidhu voted no)
Finding and determining that the Initial Study/Mitigated Negative Declaration and Mitigation
Monitoring Program No. 140 are adequate to serve as the required environmental
documentation for the project.
RESOLUTION NO. 2007-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE
BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED (RECLASSIFICATION NO.
2006-00179).
RESOLUTION NO. 2007-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2006-05109.
MOTION: H/P Vote: 4-1 (Sidhu voted no)
Approving Tentative Tract Map No. 16943.
Sheri Vander Dussen, Planning Director, reported the Planning Commission had approved the
applicant's request to reclassify his property to add a Mixed Use Overlay Zone, approved a
conditional use permit (CUP) and a condominium map to construct a 312-unit single family
attached condo project with 31 live/work units. The request also included waivers to build the
interior private street without a sidewalk abutting the railroad tracks and sound attenuation
requirements for the outdoor areas of the project. She stated the Commission's decision had
been appealed by the owner of the Anaheim Hills Auto Body facility to the west of the site.
She confirmed the mixed use project implemented Council's vision for this area of the canyon as
expressed in Council's approval of the 2004 General Plan update which included goals and
policies to encourage infill housing and mixed use developments near transit centers and
employment rich areas of the city. Other projects in the canyon area, Ms. Vander Dussen noted,
included a Kaiser Hospital campus west of Grove Street and a proposal for atransit-oriented
mixed use development on the Pacific Center site and staff felt the combined impact of the
projects would help transition this area into a mixed use urban core featuring shopping, dining,
housing and employment opportunities all focused around a transit station.
Ms. Vander Dussen indicated the appellant raised a number of concerns regarding potential
incompatibility with the auto body shop, the location of the driveways on La Palma and Grove
Street and potential traffic impacts on Grove Street. She added the applicant met with the
appellant to address those concerns and as a result the project's La Palma driveway was
relocated further east away from the driveway serving the auto body business. She also indicated
that paint and odor emissions were analyzed in the mitigated negative declaration prepared for
this project and the subsequent air quality health assessment and found the auto body shop
would operate within acceptable South Coast Air Quality Management District (SCAQMD)
standards which meant even if residents experienced noise or other inconveniences, the present
auto body operations would be consistent with applicable regulations. The recommendation by
staff was to approve the project.
Council Member Sidhu asked if this was the only project slated for this area and Ms. Vander
Dussen responded this was the first application, however staff had been talking to at least two
other applicants wishing to do the same thing in this area. She noted this was very consistent
with the Platinum Triangle where existing uses are permitted to continue with the current
operation but the mixed land use designation was to act as an incentive to encourage changing
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 11
the land uses into mixed use over time. Council Member Sidhu remarked on the loss of industrial
jobs and asked if there were schools located nearby. Ms. Vander Dussen replied the applicant
was paying school impact fees which was the maximum mitigation required under law. Council
Member Sidhu then inquired why a full environmental impact report (EIR} was not done on this
project; Ms. Vander Dussen stated there had been an in-depth analysis of the different impacts
related to the conversion to mixed use in this area when the general plan use was changed and
this application called for a mitigated negative declaration that built on the existing analysis that
tiered onto the EIR performed for the General Plan update in 2004.
Mayor Pringle pointed out there would not be an aggressive reduction in the City's industrial base
as there were only a number of parcels in the immediate area of the transit station where mixed
use development could take place; Ms. Vander Dussen confirmed it was a small percentage of
the overall land area.
Council Member Kring asked for details on the parking for the proposed development. Ms.
Vander Dussen indicated the applicant was required to submit a parking analysis to document any
opportunities for shared parking or just the overall parking demand and the parking study
concluded that 560 spaces would be adequate to serve the 312 units. She emphasized the
applicant was proposing to provide 638 spaces, well over the required number.
Council Member Hernandez stated developments of this type were trendy and occurring in areas
serving a particular need and he felt this project would do so as well. He was concerned over the
issue of schools but did not feel that concern was strong enough to overcome his support of this
project.
Mayor Pringle opened the public hearing. Steve Sheldon, representing the applicant Diverse
Holdings, indicated the applicant had read the conditions of approval and accepted them. He
added the applicant would be paying about $1.75 million in school impact fees to the
Placentia/Yorba Linda school district and that there was a new middle school being built and
those fees would go toward that construction. He expected the development to generate about 20
students for elementary school, another 20 for the high school and 50 for the middle schools. He
added the project was not designed to generate students but was designed to work within the
business community within that corridor.
Mayor Pringle added that other types of transformation were occurring in that area with the
construction of the new Kaiser Hospital and medical facilities within a few feet of this site.
Robert Smith, appellant, indicated his family owned the body shop right next to the proposed
development and was concerned over the design of the project. He understood that SCAQMD
did not find the residential uses incompatible with his business but he pointed out residents could
still complain and have issues with the auto body business operating next door and whether those
complaints were lodged now or sometime in the future, he expected it to occur. With this mixed
use overlay, he pointed out there would be seven property owners with different types of
businesses all on a'/z acre of property. To take advantage of the mixed use overlay designation,
three acres would be needed for development. He was not objecting to the zoning or the project,
but the design of the project limited what his business could do. He felt in the future his business
would be forced to leave but the only alternative for development was to band all the'/2 acre
parcels together. He added the adjacent property owners were concerned as well.
Mayor Pringle remarked in this mixed use overlay zone there was a minimum lot size of three
acres and that the land had not been rezoned to stop all industrial uses. The property owners had
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 12
an option that if owners wanted to bring about a mixed use residential opportunity, that would be
allowed, but if not, the industrial uses could continue. He added the City did not want to see a
bunch of tiny developments on half acre lots and there would be interest by the City to encourage
consolidation of the site.
Chris Mann, partner with WCB Properties and owner of a significant portion of Anaheim Pacific
Center which was the neighbor project to The Crossings. His company had acquired the property
in mid-2006 and since then had been actively engaged with City staff on determining what
development possibilities exist for on this site which currently had office property, some retail
properties and a hotel. After meeting with Diverse Holdings and Kaiser Hospital, Mr. Mann
supported going forward with the mixed use environment with this project as being compatible
with this area. He added the mixed use overlay area was a small percentage of the overall
canyon properties and this project would allow the city to continue to attract quality businesses
and industrial uses to the canyon with the mixed use enhancing the ability to attract new business.
He added the development community would be interested in speaking to the appellant as well as
the other property owners that abut the Kaiser site.
With no other comments made, Mayor Pringle closed the public hearing, commenting and
recognizing the appellants concerns. He stated he was not inclined to deny the project but
recommended the City be sensitive to how projects interact with neighboring property owners.
Council Member Sidhu expressed a number of concerns over the project from the noise
emanating from the train station and whether a sound wall would eventually be requested, safety
for children who may play in an industrially zoned area, and loss of industrial jobs. He indicated
he would like to see a complete environmental impact report before the City moved forward with
this project.
Council Member Hernandez moved the following: 1) to find and determine the Initial
Study/Mitigated Negative Declaration and Mitigated Monitoring Program #140 were adequate to
serve as the required environmental documentation for the project; (2) to approve Resolution
#2007-008 finding and determining that the Zoning Map in Title 18 of the Anaheim Municipal Code
should be amended and that the boundaries of certain zones should be changed; (3) to approve
Resolution #2007-009 approving Conditional Use Permit #2006-05109; and to approve Tentative
Tract Map 16943; seconded by Mayor Pringle. Roll Call vote: Ayes - 4; Mayor Pringle, Council
Members: Galloway, Hernandez, and Kring. Noes - 1; Council Member Sidhu. Motion Carried
30. CEQA CATEGORICAL EXEMPTION -CLASS 1
C250 VARIANCE NO. 2006-04699
OWNER: Craig Wildvank, 4500 E. Cerro Vista Drive, Anaheim, CA 92807
AGENT: Lane Curtis, 777 Peralta Hills Drive, Anaheim, CA 92807
LOCATION: 4500 East Cerro Vista Drive: Property is approximately 1.01 acres, located at
the southeast corner of Cerro Vista Way and Cerro Vista Drive with a frontage of 227 feet on
the east side of Cerro Vista Way and a frontage of 203 feet on the south side of Cerro Vista
Drive.
Waiver of maximum structural height to construct atwo-story addition to an existing single-
family residence.
ZONING ADMINISTRATOR RESOLUTION NO. ZA2006-26
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CEQA CATEGORICAL EXEMPTION -CLASS 1 -Concurred with staff.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 13
VARIANCE NO. 2006-04699 (ZA2006-26) -Approved.
Appealed by Richard and Harriet Hermann.
MOTION: P/K Vote: S-0
RESOLUTION NO. 2007-010 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Variance No. 2006-04699.
Sheri Vander Dussen, Planning Director, reported the Zoning Administrator had approved the
applicant's request to allow atwo-story addition to an existing residence to exceed the permitted
building height and that the residence was located on the southeast corner of Cerro Vista Way
and Cerro Vista Drive. She explained the Zoning Administrator's decision was appealed by the
property owner to the south.
The new addition, she noted, included athree-car garage and second floor living area and the
Zoning Code permitted a maximum height of 25 feet while the applicant proposed 30 feet 10
inches for the two-story addition to his existing home. She commented that the addition would
appear to be 18 feet in height from the north, east and south elevations and the full height of
almost 31 feet would be visible only from the west elevation which faced the street. She added
the applicant requested a height waiver in order to match the existing ceiling height of 10 feet in
the home and to accommodate a garage ceiling height of 16 feet for a Recreation Vehicle (RV).
The appellant, Ms. Vander Dussen reported, expressed the following concerns: 1) about
compatibility of the addition with the existing neighborhood, 2) adequate visibility to maneuver an
RV in this location, 3} that the applicant would be receiving special privileges not granted to other
lots in the area, 4) that the addition could actually be used as a second residence on the property,
5) that the structure could block the neighbor's views and, 6) that the proposed addition could
cause a reduction of property values in the neighborhood. She indicated staff felt there was no
other practical area on the site to construct a new garage and the garage would also be partially
underground on three sides, with the second floor viewed as a single story from the appellant's
property and from all views except from the street side. Because of the topography in the
neighborhood, similar variances have been granted within the vicinity, and Ms. Vander Dussen
recommended Council uphold the Zoning Administrator's decision.
Mayor Pringle opened the public hearing.
Craig Wildvank, applicant, indicated he had addressed some of his neighbors concerns. He
added his existing home was 33 feet in height and the addition would be below that at less than
31 feet. He indicated he had received support from 13 surrounding homes and that several
neighbors would speak on his behalf.
Mayor Pringle asked if a property owner wished to bring in fill dirt for the lower portion of the drive
and build a 25 foot high structure on the upper portion, would it be possible? Greg McCafferty,
Principal Planner, responded that it was possible as maximum structural height was measured
from the top of the ridge line to the finished floor of the lowest floor of the structure.
Kirk Herrman, representing his parents who were the appellants, emphasized the applicant's
property was not handicapped in someway that a waiver was needed. He added that the
entrance to the garage would be right along the road where the garage entrances for other homes
on that street were considerably setback from the street and would not be aesthetically pleasing to
the neighborhood. Council Member Sidhu asked if the appellant's view was impacted.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 14
Mr. Herrman responded that it would be blocked as the Hermann's bedroom window would look
right into the applicant's garage.
Ling Curtis, architect for the project, clarified the main reason for the hearing was related to the
height variance and the applicant was not taking issue with that from the perspective of natural
grade. He added his client had added expenses by putting the garage underground and that the
facade pointing towards the Hermann home would be 18 feet from natural grade. He also added
a small portion of the view of the City lights between the Wildvanks house and the trees would be
impacted by the roof but that putting a flat roof on the structure was inconsistent with the house
architecture.
Trinh Grant, resident of Peralta Hills for number of years, spoke in support of the applicant, stating
the remodeled home was an asset to the neighborhood and due to the steep slope, she felt it
would not impact views.
Sonya Jackson, resident of Peralta Hills for 30 years and a realtor, indicated the only reason why
property values were rising was due to the new homes being constructed and spoke in support of
the applicant.
Harriett Hermann, appellant, remarked on her loss of privacy due to the wall of glass construction
of the remodeled home and asked Council to consider her rights as a private citizen as well.
Jack Swayze, general contractor, remarked there would not be a privacy issue as the bedroom
window height would not be any higher than the fence line and there was no way the applicant
could have line of sight into the Hermann's bedroom.
With no other comments offered, Mayor Pringle closed the hearing. He also commented that the
project was literally seven feet lower than the building has a right to be based upon building at
natural grade.
Council Member Kring asked how many bedrooms were proposed and Ms. Vander Dussen
responded with the addition, there would be a total of seven bedrooms. Council Member Sidhu
confirmed the applicant was proposing space for three cars and an RV, more parking than the law
required. She stated, for the addition, one garage space was required. He asked if there was any
way to work out the parking spaces to contain less. The architect responded that technically it
was atwo-car garage with room for an RV but that eliminating a space would not change the
concept of the structure as the garage was underground and the only way to eliminate the height
problem, he stated, was to take off the roof or eliminate the bedroom on second floor.
Mayor Pringle stated he would support the project which would provide covered parking for the
RV and vehicles and would only be 18 feet above natural grade and moved to approve Resolution
No. 2007-010 approving Variance #2006-04699, seconded by Council Member Galloway. Roll
Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu.
Noes - 0. Motion Carried
31. CEQA CATEGORICAL EXEMPTION -CLASS 1
C250 VARIANCE NO. 2006-04702
OWNER: Charles R. Ware, 1803 W. Chanticleer Road, Anaheim, CA 92804
AGENT: Ryan Perez, 5557 East Santa Ana Canyon Road, Suite 103-131
Anaheim, CA 92807
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 15
LOCATION: 1803 West Chanticleer Road: Property is approximately 0.26-acre, having a
frontage of 90 feet on the north side of Chanticleer Road, a maximum depth of 105 feet,
located 437 feet east of the centerline of Hacienda Street.
Waiver of minimum setback to retain an existing outdoor fireplace and detached
restroom for asingle-family residence.
ZONING ADMINISTRATOR RESOLUTION NO. ZA2006-29
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CEQA CATEGORICAL EXEMPTION -CLASS 1
VARIANCE NO. 2006-04702 -Denied.
Appealed by Ed Perez.
MOTION: P/K Vote: 5-0 approving Variance IN PART.
RESOLUTION NO. 2007-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM granting Variance No. 2006-04702 in part.
Sheri Vander Dussen reported the Zoning Administrator had denied the request to allow existing
improvements in the backyard of a single family dwelling to encroach into required setbacks. An
existing seven foot high outdoor fireplace was located 18 inches from the rear property line when
it should be located at least five feet from side and rear property lines. In addition, she noted,
there was a nine foot high detached restroom located nine inches from the side property line when
it should be located at least five feet from the side and rear property lines. She added that both of
the structures were built without permits and came to the City's attention as a result of a complaint
to the Community Preservation Division.
She reported that staff felt there were no special circumstances with regard to the size and shape
of this lot that did not apply to other identically zoned properties in the neighborhood and the strict
application of the Code would not deprive the property of privileges enjoyed by neighboring
property owners as similar waiver requests had not been granted in this neighborhood. Since the
findings for justification of the variance could not be made, Ms. Vander Dussen recommended
Council uphold the Zoning Administrator's denial of the application.
Should Council approve the variance application, she emphasized, the applicant would be
required to upgrade the structures to comply with applicable building and fire codes. For the fire
place, this would involve submitting drawings depicting the footing, the rebar, the gas line and the
vent location. The vent must be at least three feet from the property line and for the bathroom it
would be more extensive as there would be a firewall that would have to be constructed. The
vent would have to be relocated at least three feet from the side property line and the portion of
the roof that overhangs the adjoining property would also have to be removed.
Mayor Pringle opened the Public Hearing.
Ed Perez, the applicant's agent, stated there were 26 or 27 signatures of approval from the
neighborhood offered and that he had requested an encroachment agreement to satisfy setback
requirements but that the interim Zoning Administrator had denied the agreement and
recommended the structures be demolished and rebuilt to code. Mr. Perez stated the applicant
would make corrective measures but one of the tools which would allow him to go forward was
approval of the encroachment permit.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 16
Thomas Leggett, neighbor immediately to the west of the applicant, remarked there was no
negative aspect of the backyard improvements from his standpoint and supported the applicant's
appeal.
Another neighbor spoke of the applicant's character and standing in the community and stated the
improvements had improved the value of his property and that of the neighborhood.
With no other comments offered, Mayor Pringle closed the hearing. He asked the applicant when
he built the restroom and fireplace; Mr. Ware responded it was built nine years ago. Mayor
Pringle remarked that part of this challenge regardless of the neighbors' comments, was that the
City had an obligation to insure that these backyard improvements were built according to building
code and state law once they were brought to the City's attention and that there were a list of
modifications needed to comply with state law. Mr. Ware, answering Council Member
Hernandez's question, indicated he was a licensed subcontractor working with ceramic tiles, had
worked on major construction sites and understood that permits were a part of the construction
process.
Council Member Galloway indicated she had viewed the property and was impressed with the
quality of work performed and was appreciative that Mr. Ware knew it was necessary to mitigate
some of the issues on the structures. She asked staff what was necessary to allow the structures
to remain and was told that the vent issue could be mitigated and also the firewall could be
worked out. She hoped Mr. Ware could work with the staff and get the necessary permits and
inspections to insure the structures were built according to Code.
Council Member Kring asked staff to will work with applicant to assure proper ventilation of the
fireplace. She expressed concern over the fireplaces proximity to neighbors and the risk
presented by fires and earthquakes.
Council Member Sidhu expressed concern regarding the two violations, specifically, no permit and
the setbacks. Regarding the two structures, he expressed concern over the inability to inspect the
foundation, rebars, size of piping, and the slope. Although he believes the fireplace is of sound
construction, he feels it should be moved.
Mayor Pringle remarked he felt comfortable with approving a variance for the fireplace but not on
the restroom and moved to approve Resolution No. 2007-011, granting Variance No. 2006-04702
In part with the staff recommended conditions detailed for the fireplace, seconded by Council
Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway,
Hernandez and Sidhu. Noes - 0. Motion carried.
Mayor Pringle stated he would like to have a fuller discussion on backyard amenity construction
and setback requirements.
Report on Closed Session Actions: None
Council Communications:
Council Member Hernandez reported on the Anaheim Memorial Hospital sale. He noted the board
of the hospital and medical staff had formed an ad hoc committee to negotiate with Memorial
Health Services to soften the impact of the sale of that hospital. He added that it appeared it would
not remain snot-for-profit hospital but the ad hoc committee was diligently trying to work that out.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 9, 2007 -Page 17
Council Member Galloway thanked the volunteers and congratulated the Sesquicentennial
Commission for the award winning float at the Rose parade. She also remarked on the
presentation for establishing a performing arts venue in the City and looked forward to working with
that group to come up with goals and a mission statement.
Council Member Kring reported on the Retired Seniors Volunteer Police program as the third
training session began with 14 volunteers and encouraged members of the community to
participate and bring their talents and energy to the program. Council Member Kring also
requested that the City Attorney prepare an ordinance keeping the campaign contribution limit at
$1,500. She also requested tonight's meeting be adjourned in memory of Betty Ruth Pickier.
Council Member Sidhu requested the Police Chief's report on staffing and crime statistics and it be
agendized, as well as a report from each council member on their goals for the coming year so
those goals could be discussed and incorporated into the overall City goals. He was also looking
forward to working with PACE towards developing a performing arts center.
With the success of this year's Rose Parade float, Mayor Pringle suggested the City consider
entering a float in the parade each year as a way of promoting civic pride and promoting Anaheim
with the hundreds of millions of people who watch this parade worldwide.
Mayor Pringle offered his thoughts on the proposed Arts District stating he liked the concept of
multiple venues in different sectors of the City and was encouraged to see the private sector
participation. He also asked Council Members Sidhu and Galloway to further explore the Sister
City organization and their relationship with the City. He encouraged more sister city relationships
with a stronger business community connection and to exploring a connection between the
organization and Council to set a goal for these relationships.
Mayor Pringle indicated it was his understanding that there was a schedule established during
which the Police Chief would update Council in terms of police force and new crime statistics
before budget hearings occurred to allow for more informed budget decisions. He also concurred
with members of the Council providing specific goals at the next meeting in line with some policy
ideas he would be sharing during the State of the City luncheon.
ADJOURNMENT:
At 9:00 P.M. Mayor Pringle adjourned the Council session in memory of Betty Ruth Pickier.
Re~~ctfully submitted,
ath rlne Godoy, Actin