2007/04/17ANAHEIM, CALIFORNIA
CITY COUNCIL REGULAR ADJOURNED MEETING
APRIL 17, 2007
The regular meeting of April 17, 2007 was called to order at 3:00 P.M. and adjourned to 4:00 P.M.
for lack. of a quorum. The adjourned regular meeting of April 17, 2007 was called to order 4:03
P.M. by Mayor Pringle.
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 City Clerk Linda
Nguyen
ADDITIONS/DELETIONS TO CLOSED SESSION: NONE
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: NONE
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Walt Disney World Co. v. City of Anaheim, et al., Orange County Superior
Court Case No. 070001210.
2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Raiszadeh and Mahammadi v. City of Anaheim, et al., Orange County
Superior Court Case No. 050000072.
3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Allee, et al. v. City of Anaheim, et al., Orange County Superior Court Case
No. 070003831.
4. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section of Section
54956.9 of the Government Code)
Number of potential cases: One
Existing facts and circumstances: Dispute involving interpretation and application of City
of Anaheim Personnel Rule 33 relating to eligibility for post-retirement medical benefits by
persons employed/appointed/elected on or after January 1, 2002, which benefits are based
upon continuous periods of service commencing prior to January 1, 1996.
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 336, 409, 412, 413, 420, 425, 428, 440 and 454 S. Anaheim Boulevard, 415 S.
Claudina Street, and 116 W. Elm Street, Anaheim, California
April 17, 2007 -Page 2
Agency negotiator: Lisa Stipkovich
Negotiating parties: Anaheim Redevelopment Agency, Clean City, Inc., and Kenwood
Investments, LLC.
Under negotiation: Price and terms/developer selection
Council returned from closed session. at 5:30 p.m. to continue the City Council agenda.
Invocation: Pastor Roger Stahlhut, Calvary Chapel Open Door
Flag Salute: Council Member Galloway
Presentations: Recognizing the Katella Boys Varsity Soccer Team on winning the CIF
Division II Co-Championship -Head Coach Armando Cendejas introduced the
Division II Co-Champions
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming April 21-28, 2007 as Tree Appreciation Week -Allen Hoodack,
Urban Forestry Manager, thanked Council for the recognition, announcing Anaheim had been
named as Tree City USA for 23 consecutive years and was also a recipient of Tree Line USA
award for outstanding work in the area of power line clearance.
Proclaiming April 15-21, 2007 as Record-A-Thon Week
Proclaiming April 2007 as National Donate Life Month - As a heart donor
recipient, Peggy Coleman thanked Council for the opportunity to recognize donor families and
donor recipients. Chris Coleman announced a fundraiser to be held on Saturday, April 28th to
celebrate the goals of National Donate Life Month.
Proclaiming April 15-21, 2007 as National Library Week -Carolyn Bryant ,
Anaheim Library board, thanked Council for recognizing National Library Week and reminded all of
the special events taking place at the library branches and the types of information and educational
tools now available through Anaheim's libraries.
Proclaiming April 23-27, 2007 as Green Ribbon Week -Patricia Pena,
President of Anaheim Beautiful, thanked Council for the proclamation recognizing Green Ribbon
Week and expressed appreciation to those businesses and professionals who had contributed to
the success of this event.
Proclaiming April 2007 Fair Housing Month
Recognizing Debbie Mountford on receiving the Girl Scout Council of Orange
County Thanks Badge
Recognizing the Luevano Foundation 2007 Benefactor Honoree, Education
Honoree, and Scholarship Recipients
At 5:48 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency for a joint public
comment session.
ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: Staff removed Item No. 53 from the
agenda; Item No. 59 was continued to May 15, 2007 at the request of the applicant.
April 17, 2007 -Page 3
PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS):
Council Member Hernandez introduced Judge Frederick Aguirre who spoke on the importance of
Mendez vs. Westminster School Board.
Judge Frederick Aguirre explained Mendez vs. Westminster was a decision which established the
right for him and all other Mexican-Americans to attend anon-segregated school. Sixty years ago,
he stated, the Mendez family had filed a lawsuit on the premise the 14th amendment to the U.S.
Constitution said all persons should enjoy equal protection of the laws. As a result of that lawsuit,
Judge Paul McCormick determined equal protection of the laws was not provided by furnishing
separate schools for Mexican Americans and said social equality should be open to all children
regardless of lineage. His decision, commented Judge Aguirre, was upheld and soon after,
Governor Earl Warren repealed two statutes related to segregation and as a result in California,
Native Americans and Asian Americans were directly impacted by the Mendez case. The famous
Brown vs. Board of Education litigation, he pointed out, also had as its foundation, the basis of the
Mendez case and that decision then integrated California into an open society. Judge Aguirre
ended his presentation stating the Mendez vs. Westminster decision was an important legacy
Orange County shared in insuring equal justice for all.
Jackie Terrell, Sesquicentennial Commissioner, updated Council and the community on April
events. She announced the Always Fresh Fest, a weekend renewal project in recognition of Earth
Day and the City of Anaheim's 150th Anniversary celebration, would take place on April 13 and 14
with Anaheim Beautiful, Paint Your Heart Out, the Neighborhood Cleanup Campaign, Tree Power
and Recycle Anaheim all participating to encourage community pride. On April 21-25th, she
reported the international travel industry association would host their tradeshow in Anaheim for the
first time and as the largest generator of "visit USA" travel, it was expected the City would receive
long-term economic benefits as a result.
James Robert Reade voiced a number of comments and complaints.
At 6:14 P.M., Mayor Pringle recessed the City Council to consider the Anaheim Redevelopment
Agency agenda, reconvening Council session at 6:15 P.M.
CONSENT CALENDAR:
Mayor Pringle removed the following items from the consent calendar for further discussion: Item
No's. 9, 28, 34, 36, 50 and Item No. 51. Council Member Hernandez 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 balanced of the Consent Calendar, seconded by Council Member Galloway. Roll Call vote:
Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
Motion Carried
7. Reject certain claims filed against the City.
C118
8. Receive and file minutes of the Housing and Community Development Commission
B105 meetings of November 15, 2006 and March 7, 2007; the Golf Commission meeting minutes
of January 25, 2007 and February 22, 2007; and the Park and Recreation Commission
minutes of February 28, 2007.
April 17, 2007 -Page 4
10. Award the contract to the lowest responsible bidder, Garcia Juarez Construction, Inc., in the
4553 amount of $988,165 for the Citywide Sanitary Sewer Improvement project, Lincoln Avenue
from Marlowe Street to Dale Avenue and Dale Avenue from Lincoln Avenue to Yale
Avenue, and approve and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions and increase the Department of Public Works'
appropriation by $1,723,450 for Fiscal Year 2006-2007.
11. Award the contract to the lowest responsible bidder, All American Asphalt, in the amount of
4554 $242,538.50 for the Dale Avenue Street improvements from Ball Road to south city limits,
and approve and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions.
12. Award the contract to the lowest responsible bidder, All American Asphalt, in the amount of
4555 $421,738 for the Magnolia Avenue Street improvements from Crescent Avenue to Lincoln
Avenue and approve and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions.
13. Award the contract to the lowest responsible bidder, Ken Thompson, Inc., in the amount of
4556 $1,989,875 for the Citywide Sanitary Sewer Improvement project, Houston Avenue, Gilbert
Street, Cornet Avenue, Groton Street, Clover Avenue, Fulton Street and Huntington
Avenue, and approve and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions and increase the Department of Public Works'
appropriation by $2,977,680 for Fiscal Year 2006-2007.
14. Award the contract to the lowest responsible bidder, Hardy & Harper, Inc., in the amount of
4557 $232,000 for the Orangewood Avenue street improvements from 150' west of Mallul Drive
to Harbor Boulevard and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
15. Award the contract to the lowest responsible bidder, Horizon CCI Services, Inc., in the
4558 amount of $83,890 for the Anaheim Convention Center Arena Roof Fall Arrest System
Upgrade project and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
16. Award the contract to the lowest responsible bidder, SMC Construction Company, in the
4559 amount of $2,865,500 for the Anaheim Convention Center Arena Exterior Renovation
project and approve and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions.
17. Approve an Agency-State Agreement for Federal Aid Project No. 12-5055R Program
1654.N.131 Supplement No. 131-N for Crescent Avenue improvements from Alamo Street to
Brookhurst Street.
18. Approve an Agency-State Agreement for Federal Aid Project No. 12-5055R Program
1654.N.132 Supplement No. 132-N for State College Boulevard improvements from Cerritos Avenue to
approximately 500 feet south of Ball Road.
April 17, 2007 -Page 5
19. Approve an Agency-State Agreement for Federal Aid Project No. 12-5055R Program
1s54.N.133 Supplement Nos. 133-N and 135-N for the Gene Autry Way Street improvements from
1654.N.135 getmor Lane to State College Boulevard and the Ball Road improvements from 800' west of
Lemon Street to Anaheim Boulevard.
20. Approve an Agency-State Agreement for Federal Aid Project No. 12-5055R Program
1654.N.134 Supplement No. 134-N for Miraloma Avenue improvements from 176' south of Banyan
Court to La Palma Avenue.
21. Approve an Agency-State Agreement for Federal Aid Project No. 12-5055R Program
1s54.N.13s Supplement No. 136-N for Magnolia Avenue improvements from 440' south of Woodland
Drive to La Palma Avenue.
22. Approve an Agency-State Agreement for Federal Aid Project No. 12-5055R Program
1s54.N.143 Supplement Nos. 143-N, 148-N, 149-N and 150-N for the Wagner Avenue improvements
1s5a.N.14s from the SR-57 bridge to Rio Vista Street, the La Palma Avenue improvements from Blue
1654. N.149
1s54.N.15o Gum Avenue to White Star Street, the Magnolia Avenue improvements from Lincoln
Avenue to Crescent Avenue, and the Dale Avenue improvements from the south city limits
to Ball Road.
23. Approve an Agency-State Agreement for Federal Aid Project No. 12-5055R Program
1654.N.144 Supplement Nos. 144-N, 145-N, 146-N and 147-N for the Brookhurst Street improvements
1654.N.145 from Niobe Avenue to Orange Avenue, the Orange Avenue improvements from Beach
1654.N.146 Boulevard to Magnolia Avenue, the Orange Avenue improvements from 285' west of Thistle
1654.N.147 Road to 120' west of Greenwich Street, and the Jefferson Street improvements from the
north city limits to Miraloma Avenue.
24. Approve the Acquisition Agreement for the purchase of real property located at 2163 West
4560 Katella Hvenue and authorize the payment of $560,000 to Manuel and Dolores Onofre for
the Katella Avenue Smart Street project.
25. Approve the Acquisition Agreement for the purchase of real property located at 108 East
4561 Wakefield Avenue, and authorize the payment of $900,000 to Thomas D. Rand-Luby for the
Gene Autry Way (West)/I-5 Freeway Highway project.
26. Approve and ratify the Judgment in Condemnation for the property located at 1199 South
P121 State College Boulevard, and authorize the settlement payment of $53,711 to the owner,
Excaliber Fuels, Inc.
27. Approve the agreements with Bell Anderson & Sanders, LLC, Parkcenter Consultants, Inc.
4562 and Lidgard & Associates, Inc., in an amount not to exceed $300,000 annually for each firm
4563 for on-call appraisal services for the City Capital Improvement Program.
4564
29. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing
D180 Agent to issue a purchase order in the amount of $168,743.99 (including tax, freight,
offloading charges and design rights), to Tai Ping Carpets America, for custom carpet for
the Convention Center ballroom area.
April 17, 2007 -Page 6
30. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing
D180 Agent to issue purchase orders as necessary for Motorola 800 MHz radio equipment to be
utilized by multiple City departments, in accordance with the Orange County Contract
Equipment Price Book for the Countywide Coordinated Communications System.
31. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing
D180 Agent to issue~a purchase order to Coplogic, Inc., in the amount of $29,092.50 (including
tax), for a Desk Officer Online Reporting System and one-year of annual software support
for the Police Department, and authorize the Purchasing Agent to exercise subsequent
annual software support renewal options.
32. Accept the bid and authorize the execution of an agreement with West Coast Arborists,
4565 Inc., in an amount not to exceed $1,200,000 for tree care services for a period of
approximately fifteen months with four one-year options to renew and authorize the
Purchasing Agent to exercise the renewal options, all in accordance with Bid #6885.
33. Accept the proposal of GFI Genfare, in an amount not to exceed $776,971 {including tax),
D180 for the purchase of a fare collection system for the Anaheim Transportation Network all in
accordance with Request for Proposal #6787.
35. Decrease the Public Works FY 06/07 capital budget by $80,000 and increase the
D1os Community Services FY 06/07 budget by the same amount and appropriate $2,000,000
from Capital Improvements Fund 455 for the refurbishment of the Central Library exterior
project.
37. Approve and authorize the City Manager to execute a Cooperation Agreement with the
4503 Anaheim Redevelopment Agency to install Anaheim Canyon monument-type signage within
existing street medians. (Continued from the meeting of March 20, 2007, Item #36)
(Related to Agency Item #01)
38. Approve and authorize the Executive Director to execute a Supplemental Cooperation
4551 Agreement with the Anaheim Redevelopment Agency upon satisfaction of all HUD Release
of Funds requests and allow the Agency to receive additional HOME Program funds to
assist in the acquisition of the site. (Related to Agency Item #02)
39. Approve and authorize the City Manager to execute Amendment No. 1 to Professional
3609.A.1 Service Agreement with Seibert Perkins Design, Inc., to provide graphics and branding
services for the Muzeo.
40. Approve an agreement with Spot Focus, LLC granting exclusive rights to install, sell
4567 advertising, program, and maintain the digital displays in the Anaheim Convention Center's
main lobby and 2nd and 3rd floor levels and to authorize the Convention, Sports and
Entertainment Department's Executive Director to amend the agreement as necessary to
permit Spot Focus to provide additional services that will generate additional revenues to
the Anaheim Convention Center.
April 17, 2007 -Page 7
41. Ratify the agreement with Paymentech, L.P. executed by the City Manager for the purpose
4568 of processing credit card transactions related to Ticketmaster sales for the Anaheim
Convention Center.
42. Adopt the Policies and Procedures pursuant to the mandates of Senate Bill (SB)
D182 1087(Government Code Section 65589.7) (Re-agendized from the meeting of March 20,
2007, Item # 49}.
Certify that the adoption of the Water Rates, Rules and Regulations, Rule 3, is statutorily
exempt under the California Environmental Quality Act, Public Resource Code, Section
21080(b)(8), in accordance with Title 14 of the California Administrative Code, Section
15273(a).
RESOLUTION NO. 2007-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending rates, rules, and regulations for the sale and distribution of water
as originally adopted by Resolution No. 72-600 and most recently amended by Resolution
No. 2005-39.
43. RESOLUTION NO. 2007-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
P124 OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein (City Deed Nos. 11020, 11021, 11022, and 11028).
44. RESOLUTION NO. 2007-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
P124 OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein (City Deed Nos. 11024-11027).
45. RESOLUTION NO. 2007-043 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM authorizing the destruction of certain city records more than two years
old (Public Works, Engineering Division).
46. RESOLUTION NO. 2007-044 A RESOLUTION OF THE CITY COUNCIL OF THE
D159 CITY OF ANAHEIM authorizing the destruction of certain records more than two years old
(Planning Department).
47. RESOLUTION NO. 2007-045 A RESOLUTION OF THE CITY COUNCIL OF THE
D160 CITY OF ANAHEIM authorizing the destruction of certain city records more than two years
old (Police Department).
48. RESOLUTION NO. 2007-046 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM amending the Platinum Triangle Project area fees in the FY 2006-2007
fee schedule for the Public Works Department of the City of Anaheim adopted by
Resolution No. 2006-150 (Item continued from the March 20, 2007 meeting, Item # 42).
49. RESOLUTION NO. 2007-047 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY 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
April 17, 2007 -Page 8
of Anaheim and ratified by City Council Resolution No. 2005-17, and (ii) determining that
the need for continuing the local emergency exists.
52. ORDINANCE NO. 6055 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
c2so ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code
relating to Zoning (Reclassification No. 2006-00187).
53. ORDINANCE NO. (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending subsections .070, .080 and .090 of section 18.40.060 of Chapter
18.40 of Title 18 of the Anaheim Municipal Code relating to dedications and improvements.
(Introduced at the Council meeting of March 20, 2007, Item #50).
54. ORDINANCE NO. 6053 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
C2so amending the Zoning Map referred to in Title18 of the Anaheim Municipal Code relating to
Zoning (Reclassification No. 2006-00191) (Introduced at the Council meeting of March 20,
2007, Item #54).
55. Approve the adjourned regular City Council meeting minutes of March 20, 2007.
END OF CONSENT CALENDAR:
9. Award the contract to the lowest responsible bidder, Elite Bobcat Service, Inc., in the
4552 amount of $235,244.40 for the Orangewood Avenue improvement project from 1329' west
of West Street to Ninth Street, and approve and authorize the Finance Director to execute
the Escrow Agreement pertaining to contract retentions.
Mayor Pringle removed Item No. 9 from the consent calendar to call attention to the fact he was
interested in readdressing the issue of orphaned parkways (parkways with no landscaping or
regular maintenance efforts). One such weed-filled parkway he pointed out was in the area of
Orangewood west and Mayor Pringle asked staff to consider maintaining those types of parkways
whenever they were in an area performing other maintenance duties.
With no other discussion offered on Item No. 9, Mayor Pringle moved to approve, seconded by
Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried
28. Reject all bids submitted for the construction of the beautification and traffic calming
improvement project at the intersection of Lemon Street and La Palma Avenue project.
Mayor Pringle questioned the plans for re-bidding the traffic calming project and how the process
could be expedited. Gary Johnson, Director of Public Works, stated the Department had
completed the design on a larger project on La Palma, had shelved it as it was unfunded but with
funding now identified, would combine the two projects into one and construction should begin this
fall. The combination of the two projects, he emphasized, should bring more competitive bidders to
participate as the traffic calming project, by itself, was minor in scope and did not attract bidders.
Council Member Sidhu suggested any future projects under $100,000 should be combined with
April 17, 2007 -Page 9
others to promote more competitive bidding. Mr. Johnson stated the Department normally followed
that policy but in this instance the second project was not slated for this fiscal year and the
neighborhood wanted the first project implemented as soon as possible and the Department had
made an effort to do so.
Council Member Sidhu moved to reject all bids, seconded by Council Member Hernandez. Roll
Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu.
Noes - 0. Motion Carried
34. Approve an increase in the annual Master Agreement with Siemens Energy & Automation,
D180 Inc., from $200,000 to $379,000 to allow the Public Works Maintenance Services Division
to purchase additional traffic control equipment for ongoing repair and maintenance and
authorize the Purchasing Agent to exercise renewal options with increases limited to the
increases in Consumer Price Index for Los Angeles, Riverside, and Orange Counties and
authorize a purchase order for dynamic message sign software upgrades in the amount of
$32,540.50 for the Traffic Management Division.
Mayor Pringle commented that Orange County Transportation Authority (OCTA) planned to
establish traffic signal synchronization across municipal jurisdictions and would begin with a pilot
program on Euclid Avenue. He asked if the upgrades and controller purchases would be
compatible with OCTA's future plans. Gary Johnson, Director of Public Works, responded the City
was transitioning to the newest and best technology for controllers and that Irvine, Los Angeles
and other cities were doing the same and the systems would be compatible with OCTA equipment.
He added the 27E controllers would replace the T1 controllers for the system to function better
which was why the Department was asking to increase the annual contract.
Council Member Sidhu moved to approve Item No. 34, seconded by Council Member Kring. Roll
Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu.
Noes - 0. Motion Carried
36. Approve a License Agreement with the Anaheim Arts Council with an initial five year term,
4566 with four five-year extension options, to utilize a custom art display case to be constructed
by the City and located on the north wall of the City Hall lobby.
Mayor Pringle remarked he hesitated to take action on this item if the proposed remodel of City
Hall ground floor was to be discussed during this year's budget sessions. Mr. Morgan, City
Manager, responded the City Hall remodel had been mentioned as a Council priority and was
included in the proposed budget for the purpose of bringing in an architect to begin a discussion of
how best to utilize the space and improve public access. Mayor Pringle suggested taking no action
on this item so as not to incur any tenant improvement expenses at this time.
Council Member Kring suggested leaving the decision as to whether to incur expenses up to the
Anaheim Arts Council who had been looking forward to having a site to display their artwork.
Council Member Galloway moved to table Item No. 34, seconded by Council Member Sidhu. Roll
Call Vote: Ayes: Mayor Pringle, Council Members: Galloway, Hernandez and Sidhu. Noes - 1:
Council Member Kring. Motion Carried.
April 17, 2007 -Page 10
50. ORDINANCE NO. 6054 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Chapter 1.20 of Title 1 of the Anaheim Municipal Code relating to Civil
Citations.
Jack White, City Attorney, reported this item was a part of the City's effort to find an appropriate
mechanism to insure adequate enforcement of the Municipal Codes while at the same time
alleviating the need to use and resort to criminal court processes. This amendment, he added,
related specifically to a problem regarding the use of temporary flags, banners, signs and balloons
in which violations of a minor nature recurred repeatedly over a period of time. Currently he stated
the civil citation process provided that any zoning violation including these types of violations
required at least a 30-day notice period to correct the violation before a citation could be issued.
He further stated no additional citations could be issued if the person contested the citation until
that entire process of administration appeal was exhausted which could take four to five months.
The proposed amendments would eliminate the minimum 30 day notice for temporary signs, flags,
banners and balloons and would also allow additional citations to be issued during any pending
administrative appeal. A third change would allow an individual to combine all of the citations into
one administrative process rather than to go through the administrative process repeatedly after
receipt of each citation.
Mayor Pringle supported this revised process and introduced the ordinance.
51. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding new Chapter 8.10 to Title 8 of the Anaheim Municipal Code relating to
barking dog violations.
Mayor Pringle pointed out that the County of Orange provided animal control services in Anaheim
and this ordinance would replicate the County's process for barking dog violations and eliminate
confusion relating to enforcement. Council Member Kring remarked that she would likely support
this ordinance, however, she felt that some owners would get rid of their dogs or debark them to
comply with this ordinance and she believed having dog parks situated in the City could alleviate
some of the problems. Council Member Hernandez remarked that 77 complaints, a statistic
previously provided by City Attorney Jack White, in one year were not sufficient to make
government step in and control barking dogs. Council Member Galloway concurred and asked for
specifics as to how the ordinance would be implemented and whether there was a real need for
this ordinance. Mr. White indicated one of the reasons this ordinance was recommended was to
get Anaheim's barking dog policy in line with the County of Orange since Anaheim contracted with
the County for animal control. Council Member Sidhu added some of the property owners in
Anaheim Hills kept dogs to prevent coyotes from entering their properties and he was not inclined
to support the ordinance without more information. Dave Morgan indicated if Council wished to
continue the item, he would provide more specific information through Orange County animal
control services personnel. Council Member Kring asked for information as to how many other
cities elected to go with the County ordinance as well.
With the consent of Council, Mayor Pringle continued Item No. 51 to the last meeting in May, 2007.
56. Consider the appointment of Merit Tully as an alternate to the Sesquicentennial
B105 Commission.
April 17, 2007 -Page 11
Appointment (Alternate): Merit Tully
Council Member Kring moved to appoint Merit Tully as an alternate to the Sesquicentennial
Commission, seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle,
Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried
57. Determine whether the available freeway locations are appropriate to direct staff to pursue
D159 distribution of a Request for Information inviting outdoor advertisers to submit
recommendations for a billboard exchange program; and, should City Council decide to
proceed with an RFI, that staff secure consultant assistance to update the 2003 exchange
data.
Mayor Pringle remarked last fall there had been a workshop on the issue of a billboard exchange
program and discussion had been held related to the potential of removing billboards from
Anaheim's general streets in exchange for placement along the freeways. He added at that point,
a letter had been received from Caltrans suggesting there was no freeway space within the city
boundaries where a freeway billboard sign could be erected, which then argued the billboard
exchange program would not work. Although, he added, some billboard operators had then come
forward and suggested there were freeway spots available. Sheri Vander Dussen, Planning
Director, stated additional information had been received from Caltrans indicating there were some
areas in which billboards could be installed and some which the department had identified during a
preliminary analysis and relayed those identified sites to Council. She also stated a more precise
analysis would need to be conducted in conjunction with any billboard permit filed with
CALTRANS.
As it now appeared there were potential locations to accommodate a freeway exchange program,
Ms. Vander Dussen stated staff recommended Council determine whether or not the available
freeway locations were appropriate, and if so, direct staff to pursue distribution of the proposed
RFI. She added the RFI would not bind the City to enter into a program, but would give billboard
operators an opportunity to submit a proposed exchange ratio or program that would allow that
type of exchange. She also stated should Council wish to move forward, it was recommended the
2003 consultant study which looked at the value of billboards be updated as well.
Mayor Pringle responded it was his intent that the billboard companies tell the City where they
believed the exchange billboard should be located and not to have the City identify specific sites
for them. Ms. Vander Dussen stated the RFI was written to reflect a billboard site must meet State
criteria; Mayor Pringle concurred with that requirement. Council Member Sidhu questioned how
many interior billboards would be available for an exchange program and Jonathan Borrego,
Principal Planner, responded there were 77 street oriented billboards potentially eligible for
exchange. Council Member Sidhu asked if construction of marquis signs identifying entrance to
the City of Anaheim could be included in the RFI. Susan Kim, Planning Department, responded for
signs to be considered billboards, they must contain off-site advertising. Any sign with on-site
advertising was not considered to be a billboard. Council Member Sidhu asked if the consultants
could also determine where similar marquis or monument signs and redevelopment project area
signs might be feasible to locate and to identify the potential for a marquis sign within the RFI.
Council Member Kring inquired if readerboard signs would be allowed; Ms. Vander Dussen
remarked readerboards were not proposed in the exchange program as there were enforcement
issues related to those signs. Council Member Galloway was supportive in moving forward with
the RFI.
April 17, 2007 -Page 12
Tom Daly, former Anaheim council member, requested to speak on this issue. He believed
allowing additional freeway billboards in the City would be a mistake. He stated the current street-
oriented billboard signs were being removed through attrition as development occurred in the City.
He was against freeway billboards stating it would hurt the image of the City and he had
participated when debates arose in the past on this issue and was certain Anaheim citizens would
be against the idea of adding more freeway billboards to the City.
Mayor Pringle remarked the action on this item would only solicit input to provide information to the
Council and should the future intent be to proceed with a billboard exchange program, the public
would be invited to offer their comments at that time. Council Member Hernandez moved to
proceed with Item No. 57, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor
Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried
PUBLIC HEARINGS:
58. CEQA SECOND ADDENDUM TO THE POINTE ANAHEIM INITIAL STUDY AND
P100 MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
AMENDMENT NO. 7 TO THE DISNEYLAND RESORT SPECIFIC PLAN 92-1
OWNER: William Stone, Sr. Vice President, Anaheim GW LLC, 17140 Bernardo Center
Drive, Suite #300, San Diego, CA 92128
AGENT: Dewayne Mitchell, Cheesecake Factory, 17701 Mitchell North, Irvine, CA 92614
LOCATION: 321 West Katella Avenue. 1717 South Clementine Street and 1700
South Harbor Boulevard: Property is located on approximately 29.1 acres in The
Anaheim Resort between Harbor Boulevard and Clementine Street, and Disney Way and
Katella Avenue. The project site has approximate frontages of 1,500 feet on the south
side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the
west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire
Station No. 3 at 1713 South Clementine Street), 728 feet on the north side of Katella
Avenue between Clementine Street and a point 771 feet west of the centerline of
Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney
Way and a point 615 feet south of the centerline of Disney Way.
Amendment No. 7 to the Disneyland Resort Specific Plan No. 92-1 - (SPN2007-
00047) -Request to modify Zoning and Development Standards pertaining to permitted
architectural encroachments in required building setback areas and modify exhibits
pertaining to the maximum number and location of permitted wall signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council approval on the previously approved CEQA Second
Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration (7 yes
votes).
Recommended City Council approval of the Amendment No. 7 to the Disneyland Resort
Specific Plan No. 92-1 (7 yes votes).
MOTION: K/G CEQA: Find and determine that the previously-approved Second
Addendum to Pointe Anaheim Initial Study and Mitigated Negative Declaration is sufficient
to serve as the environmental documentation for the proposed action. VOTE: 5-0
RESOLUTION NO. 2007-048 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the Disneyland Resort Specific Plan 92-1 and amending
Resolution Nos. 93R-146 and 93R-147, as previously amended, accordingly (Amendment
No. 7).
April 17, 2007 -Page 13
ORDINANCE NO. 6056 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the Disneyland Resort Specific Plan No. 92-1 and Chapter 18.114 of
the Anaheim Municipal Code and amending the Anaheim Municipal Code and amending
Ordinance No. 5378, as previously amended, accordingly (Amendment No. 7).
Sheri Vander Dussen, Planning Director, reported on March 19th the Planning Commission
recommended Council approve Amendment No. 7 to the Disneyland Resort Specific Plan to
modify sign and setback requirements for Anaheim GardenWalk. The first part of this request,
she stated, would modify the number and location of wall signs for the Bubba Gump and
Cheesecake Factory restaurants. She explained at the time the sign program was approved, it
was anticipated there would be two tenants occupying the space that was now proposed for
Bubba Gump. One of the two signs facing Katella Avenue for the Bubba Gump restaurant was
proposed to be relocated to the west elevation of the building facing the driveway entrance to the
project. Two wall signs were also proposed to be installed in the Cheesecake Factory building,
one facing Katella Avenue and one facing Clementine Street. Ms. Vander Dussen noted staff
recommended approval of the modifications as the proposed signs were consistent with the
maximum sight area and letter height requirements and were also consistent with signs allowed
on buildings on corner lots within the Disneyland Resort. She noted the applicant was also
requesting a modification of development standards to allow parapet caps on the Cheesecake
Factory building to encroach six feet six inches into the setback areas adjacent to Katella Avenue
and Clementine Street where presently such encroachments were limited to three feet and that
staff recommended approval of this request as well as the encroachment for the architectural
elements would be in keeping with the scale of the building.
Mayor Pringle opened the public hearing for comment.
Bill Stone, Excel Realty Holdings, remarked when the project was first brought to the City, it did
not have all the tenants yet defined. He explained at that time, it could be necessary to return to
the City with minor adjustments to the plan which was the purpose of this amendment. He added
these changes fit within the Resort District and also fit within the scale and style of the shopping
center and asked for Council's approval.
With no other public input received, Mayor Pringle closed the public hearing.
Council Member Kring moved to find the previously-approved Second Addendum to the Pointe
Anaheim Initial Study and Mitigated Negative Declaration was sufficient to serve as environmental
documentation and to approve Resolution No. 2007-048 of the City of Anaheim amending the
Disneyland Resort Specific Plan 92-1 and amending Resolution No's. 93R-146 and 93R-147 as
previously amended, accordingly and to introduce Ordinance No. 6056 amending the Disneyland
Resort Specific Plan No. 92-1 and Chapter 18.114 of the Anaheim Municipal Code and amending
the Anaheim Municipal Code and Ordinance No. 5378 as previously amended accordingly,
seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members:
Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried
59. This is a public hearing to consider the request for a waiver or reduction of Public Safety
Facilities, Vehicle, and Impact Fees fora 320-unit apartment complex within the Platinum
Triangle (Item continued from the March 6, 2007 meeting, Item # 22).
CEQA DETERMINATION CEQA EXEMPTION 15061 (B) (3) -GENERAL RULE
April 17, 2007 -Page 14
CASE NO. DAG2005-00001
LOCATION: This irregularly-shaped, 14.46-acre property has frontage of 585 feet on the
north side of Katella Avenue, a maximum depth of 1300 feet, and is located 739 feet west
of the centerline of State College Boulevard (1515 East Katella - BRE Properties Stadium
Park Residential).
A request for a waiver or reduction of Public Safety Facilities, Vehicle, and Impact Fees for
a 320-unit apartment complex within the Platinum Triangle.
MOTION:
Continued to May 15, 2007, as requested by applicant.
Report on Closed Session Actions: None
Council Communications:
Mayor Pro Tem Hernandez reported on the passing of former Anaheim employees: William Harper,
Louis Molina, Neils Nelson, William Hopkins, Jr., and Agnes Mayo.
Council Member Galloway commented on her attendance at the Elm Street Commons
development, a 100 percent affordable housing project, stating it was a public/private partnership
that had created a quality housing development. Referencing the discussion on the resort area
overlay and housing, she proposed the creation of a new collaborative partnership, acity-
sponsored commission which would include two council members, Disney representatives and
housing experts with the sole purpose of creating overarching systemic solutions to resort housing
issues. She added public private partnerships often resulted in the best solutions.
Council Member Kring joined with Council Member Galloway in proposing the new collaboration
partnership. She also asked that the Council meeting be adjourned in memory of the 32 victims at
Virginia Tech. Council Member Kring also reminded the community of the tree planting event on
Saturday, April 21St, at East Mira Loma and Sunshine Way, asking for additional volunteers to
participate.
Council Member Sidhu spoke on the tragic events at Virginia Tech and of Mayor Pringle's recent
editorial seeking a charter amendment that would restrict zone changes in the future without a vote
of the people. He was supportive of this effort but also hoped that a workable compromise could
be reached to protect Anaheim's economic future.
Mayor Pringle commented that on April 24th, there would be another hearing on whether a piece of
property in the Resort District should be rezoned to accommodate 1,500 residential units of which
225 would be affordable. He emphasized that Council Member Sidhu had joined him in offering a
compromise solutions to those issues. He indicated he had written an article in the Orange County
Register to provide information to the community on the Anaheim Resort housing issue from his
perspective and still hoped to resolve those issues in a positive manner.
The Mayor also announced a citywide wireless service initiative to ensure cell phone connectivity
throughout Anaheim. He emphasized the Windy Ridge fire pointed out the limited cell phone
coverage in Anaheim Hills and that the City would work cooperatively with cell phone providers to
determine where coverage areas were lacking and to identify ways in which the City may be able
to help expand their services within City limits.
April 17, 2007 -Page 15
Adjournment:
With no further business offered, Mayor Pringle adjourned the April 17th meeting at 7:47 P.M in
memory of the tragedy which had occurred at the Virginia Technological Institute.
Respec ully submitted,
inda Nguyen
City Clerk