2007/07/17ANAHEIM CITY COUNCIL
REGULAR ADJOURNED MEETING OF JULY 17, 2007
The regular meeting of July 17, 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 July 17, 2007 regular adjourned
session to order at 3:37 P.M.
A copy of the agenda for the meeting of the Anaheim City Council meeting was posted on
July 13, 2007 on the kiosk outside City Hall.
PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez,
Lucille Kring and Harry Sidhu.
STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk
Linda Nguyen
WORKSHOP -RENEWED MEASURE M EARLY ACTION PLAN
Arthur Leahy, Chief Executive Officer of Orange County Transportation Authority (OCTA),
introduced Measure M Project Director, Monty Ward, commenting that OCTA was looking
forward to getting input on their plan to accelerate renewed Measure M projects and Mr.
Ward would present the details of that early action plan.
Monty Ward announced OCTA was looking ahead five years to see what could be
accomplished in terms of acceleration of Renewed Measure M projects before actual
revenues would be received on April 1, 2011. He indicated OCTA was aware the voters of
Orange County had passed the measure in recognition of the immediate need for traffic
congestion mitigation and would be supportive of moving projects ahead of schedule. The
benefits derived from this early action plan, he pointed out, were lower construction costs
and traffic relief delivered earlier than expected.
There were four freeway projects important to Anaheim residents scheduled to be under
construction before April of 2011, two on State Route 57 and two on State Route 91.
OCTA would also be moving ahead with funding for Anaheim Regional Transportation
Intermodal Center (ARTIC), making investments in rail grade separations, quiet zones and
safety improvements at rail crossings which was a key issue for the City. There would
also be an opportunity to extend the Metrolink system to the station. In addition, he added
signal synchronization, which Anaheim had taken the lead on, would become available.
He remarked that $1.6 billion in projects would be underway in 2012, out of a $12 billion
program, commenting Mayor Pringle had headed an OCTA commission which developed
this ambitious plan. Mr. Ward pointed out other counties, Riverside, Los Angeles, San
Bernardino and San Diego, had similar sales tax measures and would be competing with
OCTA for resources and talent to deliver their transportation programs. In the next few
years, Mr. Ward stated the demands on both City staff and OCTA would be heavy to make
sure those programs were delivered.
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Line would be accelerated. Mayor Pringle asked Mr. Ward to explain the various
projects identified in the freeway early action plan. Mr.
Ward responded SR-91 and SR-57 were scheduled for
improvements, however, those projects would be divided
into segments and OCTA would be working with Caltrans for day and night scheduling to
alleviate traffic congestion during construction. Specifically, there were three phases for
the 91; the first was eastbound on the 91 from the 55 freeway to the 241, the second was
from the 241 to the 71 and last phase would be westbound on the 91 from I-5 to the 57
freeway. On the northbound 57, the first segment would be Orangethorpe to Lambert with
the second segment from Katella to Lincoln. In addition, he remarked the initial study of
the 91 from the 241 to the County Since Measure M dollars would not be available until
April of 2011, Council Member Sidhu asked how these projects could be accelerated. Mr.
Ward replied the funding over the next five years would be a combination of State bond
funds, federal funds, internal borrowing at OCTA along with using some of the funds
anticipated to be remaining out of the first Measure M program, currently estimated to be in
$150-175 million range. Council Member Kring remarked on the negative construction
impacts from the 22 freeway improvements asking that OCTA be sensitive to allowing for
peak rush hour traffic on the 91. Mr. Ward answered the 22 freeway had an 800-day
timeline and was virtually a 24-hour construction schedule which would not be the case for
the 91 freeway improvements. Typically, he added, Caltrans would be involved in
construction management and OCTA would work with them in terms of phasing and day or
night schedules, which was one of the reasons the projects were divided into segments.
Mayor Pringle emphasized there was a high priority being placed on alleviating traffic
congestion on the 91 corridor and of the eight early action freeway projects, four were 91
freeway projects in Anaheim and two were for the 57 freeway immediately north of
Anaheim. He believed the voters would concur with getting the projects done earlier and
quicker rather than waiting for Measure M sales tax dollars to be received in 2011
remarking there might be merit in doing the project in its entirety rather than in segments to
speed up that process. Council Member Sidhu asked if the concept on double decking the
91 freeway and the tunnel between the 251 and the 15 were part of this early action plan.
Mr. Ward indicated the focus for the five year plan were for the less dramatic
improvements, however, OCTA was still pursuing the double decking and the tunnel
concept. He indicated a study would be started this year on express lane connections
between the 241 and the 91 freeways with conceptual engineering to be completed in 18
months. Council Member Hernandez asked if there was a projection as to the type of
increase on toll road use with implementation of a direct route to the toll road; Mr. Ward did
not have those statistics on hand but would provide them to Council. Council Member
Hernandez also asked if there would be toll sharing to cut down the costs remarking that a
blended toll rate should encourage ridership. Mr. Ward replied traffic modeling had shown
that would be effective, however, the obstacles to overcome were institutional, but it was
part of OCTA's long-range transportation plan.
ADDITIONS/DELETIONS TO CLOSED SESSION: NONE
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: NONE
July 17, 2007 -Page 3
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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 and 070001293.
Invocation: Chaplain Jimmy Gaston, Anaheim Fire Department
Flag Salute: Mayor Pro Tem Hernandez
Presentations: Recognizing participants in the Mills Act Program (37 homeowners were
present). Mayor Pringle explained the details of the program and
recognized the homeowners.
At 5:25 P.M., Mayor Pringle called to order the Redevelopment Agency and Housing
Authority (in joint session with the City Council).
ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: Staff requested Item 14 be
continued to the meeting of July 31 and that Item 46 be continued to the meeting of August
21, 2007.
Mayor Pringle announced that a letter had been received requesting continuance of the
Public Hearing, Item 51, concerning Sanitary Sewer Impact fees. After a brief discussion,
Council Member Kring voted to continue the Sanitary Sewer impact fee public hearing
matter to August 7, 2007, seconded by Council Member Hernandez. Roll call vote: Ayes
- 5: Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
Motion carried.
PUBLIC COMMENTS (all matters except public hearings): With the consent of
Council, Mayor Pringle announced Public Comments on all matters not concerning Off-
Consent Calendar Item No. 50, the Referendum Petition. He announced that he would
accept public comments on Item 50 following general public comments.
Jamila, resident and OCCORD representative, remarked the State Attorney General had
denied the sale of Anaheim Memorial Hospital to afor-profit entity; however she urged
Council to take action to oppose the sale and Prime Health care continued to pursue
purchase of the hospital.
Sharif Majoud, CAIR government relations coordinator also urged council to take a position
of opposing the sale of Anaheim Memorial Hospital.
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Casas Rodidas, Anaheim Rotary Club thanked the various community businesses who
had donated goods for their breakfast fund-raiser, which allowed the Rotary club to serve
600 breakfasts and to then donate those dollars to the Community Council.
COMMENTS RELATED TO REFERENDUM PETITION (Item No. 50~: Approximately 31
percent of the following speakers requested more affordable housing, approximately 38
percent requested Council rescind their vote changing the zoning in the resort area and
approximately 31 percent requested the right to vote on the issue.
Alan Baldwin, Orange County Community Housing Corporation, remarked that during the
original resort district planning there had been an agreement between the Disney
Corporation and the City to develop 500 units of affordable housing. He stated Disney had
opted out of the construction and contributed $5 million to the City in exchange. Mr.
Baldwin supported the effort to establish workforce housing in the resort area as Disney
originally planned.
Seferino Garcia, resident, addressed his remarks in support of affordable housing for the
resort district.
Craig Ferrell, resident, believed the resort district should remain as originally intended and
urged Council to rescind their zoning change.
Steve Goodyear, long-time resident and member of SOAR coalition, opposed any change
to the resort district which he stated had been so successful and asked Council to rescind
their vote.
Jim Adams, representing the members of LA/OC Building & Construction Trade Council,
stated his organization did not feel residential, whether it was affordable or not, should be
allowed in the resort area. On a personal note, as a long-time resident, he indicated he
and his neighbors believed the resort should remain a tourist attraction and recommended
other locations be utilized for affordable housing.
Jose Perez, Dale McIntosh Center, addressed the need for affordable and accessible
housing and supported its development in the resort district.
Cynthia Ward, resident, stated she was committed to Anaheim and opposed the
development of a residential project in the resort and urged Council repeal its decision.
Vigil Hall, resident, supported the referendum, remarking Garden Grove recognized the
success of Anaheim's resort district and had constructed three hotels and restaurants on
Harbor Boulevard to take advantage of tourists and convention attendees visiting Anaheim
and he believed the resort district should not be compromised by changing zoning to
include residential development.
Chris Murray, resident, Vice President of Government Affairs for OC Business Council,
reported that the Business Council had researched data from all 34 Orange County cities
and found Anaheim ranked first in providing and planning for workforce housing. He asked
July 17, 2007 -Page 5
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Council to reverse their decision and keep the resort whole so City services could continue
to be funded for current and future residents.
Shannon Anderson, speaking on behalf of clients of the Public Law Center, emphasized
the low and very low income housing needed in Anaheim and urged Council retain the
zoning change.
Lynn Spencer, resident, remarked she had volunteered her time and effort to gather
signatures for the referendum and initiative as she believed in preserving the Anaheim
Resort District and requested Council appeal their decision.
Caesar Covarrubias, Kennedy Commission, spoke of the housing imbalance in the City
even with the City's strategic plan goals and supported the overlay which provided new
affordable housing opportunities for working families.
Stan Powloski, resident, urged Council to repeal their decision and save the taxpayers a
significant amount of money associated with an election.
Vic Darcy, resident, urged Council to place the matter on the ballot for voters to decide.
AI Ybarra, AFL/CIO, speaking on behalf of 125,000 working families in Orange County,
stated the organization supported affordable housing but not in the resort district and
offered to work with the City on ways to provide affordable housing.
Armida Oliva, resident, asked for a chance to vote on this issue.
Margaret Kennedy, resident, remarked the site in question was a blighted area and
needed some type of development and recommended voters have a chance to decide the
issue.
Ann Foster, resident, supported the rezoning and asked that the voters of Anaheim make
the decision on whether to change the zoning.
Carolyn Yellis, resident, asked Council to repeal approval of high density housing in the
resort area and to continue the vision of past community leaders who had established the
resort district and the business owners within that district who developed under that
premise.
Gail Anderson, resident, supported the original zoning for the resort district stating billions
of dollars had been spent there by businesspeople who trusted that zoning would remain
in place.
Alda Deseino, Local 681, spoke of the hardships involved in living in overcrowded
conditions or traveling long distances to work in the resort district, and urged that the
voters have the chance to decide this issue.
Marta Wergros supported the rezoning and asked that it go to an election by the citizens of
Anaheim.
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Daniel Segura, resident, supported the voters ability to make a decision.
Martin Lopez, resident, urged Council not to repeal the zoning overlay and allow the voters
to decide.
Lorrie Cadenas, United Here Local 681, believed the workers in the resort were the reason
it was successful, deserved affordable housing and urged Council to not repeal the vote.
Albert Bermudez, resident, spoke in support of property rights and asked Council to allow
the voters to make this decision.
Reid Royalty, president of Orange County Taxpayers Association, stated over 3,000
petitions had been received by Anaheim voters supporting the resort district. He pointed
out that by permitting housing, the resort district would betray the wishes of the voters who
supported the transient occupancy tax rates in 1996 and 2000 and urged Council to
rescind their zoning change.
Eric Altman, OCCORD, remarked more housing opportunities were needed for people of
all income levels and all stages of life and that no dangerous precedents would be set by
mixing housing with resort business.
Pat Herman, resident, urged Council to let this issue go to the vote of the people.
Tanya Rodriguez commented the existing affordable housing was not enough and asked
that the voters be able to decide.
Pam Ellison, County School for Homeless Children, urged Council to make the needs of
the working poor a priority and allow the residents of the City to decide this matter.
Billi Crawford, resident, spoke in support of property rights and urged Council to let the
voters decide as well.
Joan Mill, resident, spoke against SOAR tactics and urged this issue be placed on the
ballot.
Mary Whitten, resident, supported the 1994 zoning and recommended other parcels in
Anaheim be considered for affordable housing sites and stated that she trusted Council to
make the right decision.
Amin David, resident, asked Council to stand their ground on their zoning amendment.
Jeff Clark, resident, supported an election process on this matter.
Virginia Zlaket, resident, asked Council to repeal their vote on the zoning issue because
the citizens of Anaheim had overwhelming responded by signing the ballot initiative and
referendum in a constrained period of time.
July 17, 2007 -Page 7
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Larry Slagle, representing 800 hotels, restaurants and other tourist employers in the resort
area, urged Council to keep the resort district intact and continue efforts to create
affordable housing in other areas of the city. He added the cost of an election paled in
comparison to the TOT revenues received.
Maryann (no last name given), supported the City of Anaheim, asking that the community
work together and help each other find a solution.
Julietta Marosa, resident, believed in the democratic process and asked that the people be
given an opportunity to vote.
Gloria Mejai, resident, believed the City should meet the commitment they made when the
resort district was established and seek other avenues for affordable housing.
Dwayne Roberts, resident, urged the SOAR initiative be placed on the ballot as they had
stated was their purpose when circulating their petitions.
Paul Flannigan, co-chair on the Committee of Living Wage, believed that low wages
earned by workers in the resort district had caused the affordable housing crisis and stated
Council could provide a solution through the zoning overlay.
Joseph Singh commended Council and staff for their courage in creating affordable
housing opportunities and urged they not rescind their vote.
Jack Marston, resident, pointed out Anaheim was number one in affordable housing
planning for Orange County and supported an election on this matter.
Larry Larson, supported property rights and Council's right to make zoning decisions.
Jeff Morris, resident, supported affordable housing and asked Council to allow the people
of Anaheim to decide these issues in February.
Michael Callio, resident, supported affordable housing as an answer to the overcrowded
living conditions and its impacts on neighborhoods.
Andrew Clay, resident, supported affordable housing and voting on the issue.
Bob Wahl, resident, supported the rezoning.
Frances Noteboom, resident, stated she was an active member of SOAR and had worked
tirelessly for four months on the referendum and initiative, addressing her comments to
statements that SOAR material was inaccurate.
Paul Guzman, retired labor union member, spoke of the commitments made by former
council persons who believed the potential of growth in the resort district was one of the
issues in the success of the resort, asking Council to repeal their vote, or if not, go to an
election.
July 17, 2007 -Page 8
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Jeff Smith, resident, pointed out a precedent would be set by Council's actions and there
was no reason why it could not happen again, and therefore he was against the rezoning.
Paul Kott, spoke in opposition to the previously approved zoning change in the resort
district stating the original agreement established in 1994 should be honored, and urged
repeal of the vote.
Cecilia Flores, resident, supported housing in the resort area and asked that the voters
decide the issues.
Denis Flores, resident, supported the rezoning as a first step in providing more affordable
housing.
Bill Delotte, resident and worker, stated the solution was for Disney to buy the land from
SunCal and find other properties for SunCal to build an affordable housing project.
Diane Singer, Coalition to Protect and Defend Anaheim, emphasized SOAR's petitioners
had stated they wanted an opportunity to bring this issue to the vote of the people and that
it should be done.
David Helland, resident, supported retaining the resort district as was originally intended.
Frank Elfend, SunCal, supported Anaheim voters having the right to vote on this issue,
pointing out that referendum petitions and supporters of keeping the resort district
unchanged, concurred in having an election.
Brian Freeman, resident, believed retaining the resort district unchanged was the right
choice.
Todd Adment, president of Anaheim Chamber of Commerce and co-chair of the Coalition,
urged Council to repeal their previous decision or allow voters to decide the issue, stating
over 40,000 Anaheim residents had signed the referendum and initiative.
Ross Selvidge, Richard Ellis CBRE, had been retained by Soar and Disneyland resort to
look at financial aspects of the debate. He stated the resort currently generated $178
million in total revenues and that the visitor growth had steadily increased by 2.5 percent
per year over the last 30 years which spoke to the need for future land parcels to
accommodate that growth.
With no other speakers, the public comment session closed. At 8:09 P.M., the Mayor, with
Council agreement, began consideration of Item 50.
50. Referendum Petition concerning General Plan Amendment No. 2006-00448.
C410
Reconsideration of General Plan Amendment No. 2006-00448 relating to approval of
amendments to the Land Use Element of the General Plan to authorize awholly-
residential development, fifteen percent of which must be composed of rental units
July 17, 2007 -Page 9
City Council Minutes
affordable to low or very-low income households, on a designated 26.7-acre site in the
Anaheim Resort, and possible adoption of one of the following alternative resolutions:
A. RESOLUTION NO. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, repealing Anaheim
City Council Resolution No. 2007-053 which approved General Plan
Amendment No. 2006-00448 relating to the land use element of the Anaheim
General Plan.
OR
B.
OR
RESOLUTION NO. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ordering the
submission of a referendum measure to the electors of said City at the
general municipal election to be held November 4, 2008.
C. RESOLUTION NO.
OR
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving
notice of the holding of a special municipal election to be held on Tuesday,
June 3, 2008, for the submission to the voters of the City of Anaheim of a
referendum measure relating to Anaheim City Council Resolution No. 2007-
053 approving Anaheim General Plan Amendment No. 2006-00448; and
requesting the Board of Supervisors of the County of Orange to consolidate
said election with the statewide primary election to be held on that same date
pursuant to Section 10403 of the Elections Code of the State of California.
D. RESOLUTION NO. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving
notice of the holding of a special municipal election to be held on Tuesday,
February 5, 2008, for the submission to the voters of the City of Anaheim of a
referendum measure relating to Anaheim City Council Resolution No. 2007-
053 approving Anaheim General Plan Amendment No. 2006-00448; and
requesting the Board of Supervisors of the County of Orange to consolidate
said election with the statewide primary election to be held on that same date
pursuant to Section 10403 of the Elections Code of the State of California.
OR
E. RESOLUTION NO. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving
notice of the holding of a special municipal election to be held on Tuesday,
200 ,for the submission to the voters of the City of
Anaheim of a referendum measure relating to Anaheim City Council
July 17, 2007 -Page 10
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Resolution No. 2007-053 approving Anaheim General Plan Amendment No.
2006-00448.
In the event the City Council adopts Resolution B, C, D or E above, it is
recommended that the City Council also adopt the following two additional
resolutions relating to authorizing ballot arguments, preparation of an impartial
analysis by the City Attorney, and rebuttal arguments for said election.
F. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM, CALIFORNIA, setting priorities for filing written
arguments regarding a referendum measure to be submitted to the electors
of the City at the (special) (general) municipal election to be held in said City
on , 200_ and directing the City Attorney to prepare an
impartial analysis of such referendum measure.
G. RESOLUTION NO. _ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, providing for the filing
of rebuttal arguments for a referendum measure submitted to the electors of
the city at the (general) (special) municipal election to be held in said city on
200
Jack White, City Attorney, reviewed the options available to Council at this time. He stated
since the City had received a petition to qualify as a referendum measure, Council, under
provisions of the Elections Code had three options. Council had the authority to appeal
the general plan amendment, call an election and decide what date that election would be
or defer any action.
Council Member Kring wondered how speakers could address comments to a special
election costing $500,000 when a special election had never been suggested. She
pointed out that $71,000 had already been expended to verify signatures relating to the
referendum. She added since Disney and SunCal had been sitting down at the bargaining
table to discuss these issues, she would like to postpone a decision to see if a compromise
had been reached and moved to do so, seconded by Council Member Galloway.
Mayor Pringle objected to a zoning issue being negotiated by parties other than City
Council members. He also pointed out that he and Council Member Sidhu had urged a
compromise discussion four months ago and received no responses from Council
Members or any other interested parties. Relative to the special election cost remarks, he
pointed out the staff report generated by the City Attorney provided options available to
Council in addressing this issue and also had a cost associated with those options which
was public information. He emphasized with over 60 eloquent speakers speaking to this
matter, a decision should be made this evening. Council Member Kring pointed out she
had been talking to the developer from the beginning and had asked Disney to sit down
and discuss this with SunCal and hammer out a decision to take the divisiveness off the
table. Council Member Sidhu did not feel a compromise solution could be developed
July 17, 2007 -Page 11
City Council Minutes
during a two week delay, and offered a substitute motion to adopt a Resolution of the City
repealing Council Resolution No. 2007-053 which approved General Plan Amendment No.
2006-00448 relating to the land use element of the Anaheim General Plan, seconded by
Mayor Pringle. He added this would allow SunCal to come back to Council with a
compromise plan in the future. Mr. White stated the first action should be for Council to
consider whether to substitute Council Member Sidhu's motion for Council Member Kring's
motion, and if that motion passes, Council Member's Sidhu's motion could then be
considered. Mayor Pringle asked for a vote on whether or not to substitute Council
Member Sidhu's motion to repeal the amendment for Council Member Kring's motion to
delay action on this issue for two weeks. Roll call vote: Ayes - 2: Mayor Pringle and
Council Member Sidhu. Noes - 3: Council Members: Galloway, Hernandez and Kring.
Motion Failed.
Council Member Kring's motion to continue this matter to July 31, 2007 was considered.
Council Member Galloway stated she hoped the parties could come together for a
resolution. She believed she was elected to respond to the needs of the Anaheim
community and that the affordable housing crisis was such a need. She believed the
resort district would continue to be successful if it contained a housing development as
those two uses were compatible. She asked the developer and Disney Corporation to
come up with a resolution that would respond to the needs of the City.
Council Member Hernandez was supportive of continuing the issue to allow the parties to
reach a compromise. He added that delaying development on this property for 20 to 50
years to await hotel revenues of $3.5 to $4 million was unreasonable. He had based his
decision on a report received from the Planning Department and he felt it did not make
sense to keep a piece of property in a blighted, gang infested area, under performing for
20 - 50 years. He believed the development of high quality condominiums would revitalize
that blighted area.
Roll call vote: Ayes - 3; Council Members: Galloway, Hernandez and Kring. Noes - 2:
Mayor Pringle and Council Member Sidhu. Motion to continue this matter to July 31, 2007
approved.
Mayor Pringle briefly recessed the meeting to allow those who wished to exit an
opportunity. At 8:54 P.M. Mayor Pringle recessed the Council session to consider the
Redevelopment Agency agenda and reconvened the meeting at 8:56 P.M.
CONSENT CALENDAR: Council Member Kring removed Item No. 16 for further
discussion; Council Member Hernandez removed Item No's. 18 and 43 and Council
Member Galloway pulled Item No. 34. 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 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
July 17, 2007 -Page 12
City Council Minutes
MOTION: S / G Waive reading in full of all ordinances and resolutions and adopt
the consent calendar.
10. Reject the certain claims filed against the City.
C118
11. Receive and file meeting minutes of the Public Library meetings held April 9, 2007
B105 and May 14, 2007; Workforce Investment Board meeting held April 12, 2007;
Cultural and Heritage Commission meeting held April 23, 2007; Golf Commission
meeting held April 26, 2007; Community Services Commission held May 10, 2007;
Senior Citizens Commission meeting held May 10, 2007 and minutes of the Public
Utilities Board meeting held June 7, 2007.
12. Increase the FY 07/08 Public Information Division budget by $13,725 from monies
D106 raised through advertising sold for Anaheim Magazine during FY 06/07.
13. Increase the FY 07/08 Convention, Sports, and Entertainment budget by $92,768 to
D106 fund Sesquicentennial activities from monies raised through sponsorships and
merchandise sold uring FY 06/07.
14. Approve an agreement with Carpi Clay & Smith for federal advocacy services and
4729 with Sloat Higgins Jensen & Associates for state advocacy services representing
2781.A the City in Washington, D.C., both for a three year term.
ITEM 74 CONTINUED UNTIL JULY 31, 2007.
15. Accept the low bid and authorize an agreement with Golden State Utility Company,
4722 in an amount not to exceed $307,560 for underground cable locating services for a
one-year period with three one-year renewal options and authorize the Purchasing
Agent to exercise the renewal options in accordance with Bid #6946.
17. Authorize the Purchasing Agent to accept the low bid of Signature Flooring, Inc., in
D180 the amount of $385,000 for flooring removal and installation services for the Police
Department in accordance with Bid #6944.
19. Accept the bids of Acrohelipro Global Services and Helipower Service, in a
D180 combined amount not to exceed $803,510 (including tax), for helicopter engine
overhaul and repair services for the Police Department, Air Support Bureau for a
one-year period with four one-year renewal options and authorize the Purchasing
Agent to exercise the renewal options in accordance with Bid #6947.
20. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the
D180 Purchasing Agent to issue a purchase order to Virco, in the amount of $58,280.36
(including tax and freight) for 550 ballroom chairs and 36 chair hand carts for the
Convention Center.
21. Waive the sealed bid requirement of Council Policy 4.0 and authorize the
D180 purchasing Agent to issue a purchase order to FATS, Inc., in the amount of $51,720
July 17, 2007 -Page 13
City Council Minutes
(including tax) for the purchase of an update to the firearms training system for the
Police Department.
22. Ratify the extension of an Agreement with International Services, Inc. for an
4730.O.A additional two months, in an increased amount not to exceed $150,000 for school
crossing guard services for the Police Department.
23. Authorize the execution of a letter informing the Orange County Grand Jury that the
D114 City agrees with the findings of their report and that their recommendation requires
further analysis with the Orange County Transportation Authority.
24. Award the contract to the lowest responsible bidder, R.J. Noble, Inc. in the amount
4748 of $734,360.79 for Brookhurst Street improvements from the 91 Freeway to
Falmouth Avenue and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
25. Award the contract to the lowest responsible bidder, Spec Construction, Inc., in the
4731 amount of $223,800 for the downtown youth center lobby remodel and approve and
authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
26. Approve an engineering services agreement with CH2MHill, in an amount not to
4726 exceed $131,257 for the design of Sanitary Sewer Improvement at Citron
StreetNermont Avenue.
27. Approve an engineering services agreement with Psomas, in an amount not to
4721 exceed $161,900 for the design of Sanitary Sewer Improvement at Mountain View
Avenue/Orangewood Avenue (Model 13).
28. Approve an engineering services agreement with Psomas, in an amount not to
4723 exceed $131,245 for the design of Sanitary Sewer Improvement at Mountain View
Avenue/Orangewood Avenue (Model 51).
29. Approve and adopt the Relocation Plan for the Electrical Generation Facility located
D175 at 3071 East Miraloma Avenue (Peaker Site Project}.
30. Approve a cooperative agreement with the City of Buena Park for the construction
4716 of the Knott Street Pavement Rehabilitation Project between Orange Avenue and
Ball Road.
31. Approve the Acquisition Agreement with Sylvia R. Bautista, in the acquisition
4718 amount of $580,000 for the purchase of real property located at 1771 South Garden
Drive for the Katella Avenue Smart Street project (R/W ACQ2005-00245).
32. Approve a License Agreement with Western Youth Services to use the Manzanita
3195.C Park Family Resource Center, at no cost for administrative and program space, to
provide services that promote safe and stable families and reduce child abuse as
July 17, 2007 -Page 14
City Council Minutes
part of the County of Orange Social Services Agency's Families and Communities
Together (FaCT} Program.
33. Approve a First Amendment to the License Agreement with the Anaheim Family
4715 YMCA to rent the Downtown Youth Center gymnasium during scheduled non-peak
use hours at a reduced rate of $20.00 per hour.
35. Approve and authorize the City Manager to execute an Independent Contractor
4709 Agreement with the North Orange County Community College District for the
purpose of recruiting, training, and placing participants in the medical device
industry and increase the FY 07/08 Community Development budget by $80,520.
36. Authorize the Planning Director to accept a donation of specialized graffiti removal
D159 equipment from Anaheim Beautiful.
37. RESOLUTION NO. 2007-123 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties interests therein (City Deed No. 11053).
38. RESOLUTION NO. 2007-124 _ A RESOLUTION OF THE CITY COUNCIL OF
D114 THE CITY OF ANAHEIM adopting a John Wayne Airport Coalition Cities position
statement.
39. RESOLUTION NO. 2007-125 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE 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 of Anaheim and ratified by City Council Resolution
No. 2005-17, and (ii) determining that the need for continuing the local emergency
exists.
40. RESOLUTION NO. 2007-126 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM amending Resolution No. 2007-112, nunc pro tunc,
relating to the establishment of rates to be charged for space, labor equipment and
services.
41. RESOLUTION NO. 2007-127 A RESOLUTION OF THE CITY COUNCIL OF
D155 THE CITY OF ANAHEIM (i) authorizing the submittal of an application to the
California State Department of Housing and Community Development for funding
under the Workforce Housing Reward Program for Affordable Housing Projects
located in the City of Anaheim, (ii) if selected for such funding, authorizing the
execution of a Standard Agreement, any amendments thereto and any related
documents necessary to participate in the Workforce Housing Reward Program,
and (iii) if selected for such funding, amending the budget for fiscal year 2007-08
accordingly.
42. RESOLUTION NO. 2007-128 A RESOLUTION OF THE CITY COUNCIL OF
D154.4 THE CITY OF ANAHEIM approving a Letter of Understanding between the
Anaheim Firefighters Association, Local 2899, and the City of Anaheim.
July 17, 2007 -Page 15
City Council Minutes
44. ORDINANCE NO. 6065 (ADOPTION) AN ORDINANCE OF THE CITY
c28o OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2007-00201) (Introduced at
the Council meeting of June 19, 2007 Item #60).
45. Approve minutes of the Council meetings held June 5, 2007 and June 19, 2007.
END OF CONSENT CALENDAR
16. Accept the low bid of All City Management Services, Inc., in an amount not to
4719 exceed $869,662 for school crossing guard services, for aone-year period with four
one-year optional renewals, and authorize the Purchasing Agent to exercise the
renewal options in accordance with Bid #6949.
Police Chief John Welter explained this item was a contract for crossing guard services.
He indicated there were over 60 intersections using crossing guards and the process was
for schools to make requests for crossing guards to the City, Traffic Engineering would
then determine whether it would be warranted and the funds budgeted within the Police
Department Budget. Council Member Kring remarked she had pulled this item because
the contract was significant and wondered why the schools did not cover the cost for their
own guards. She felt this money could be better used for additional police officers adding
she would support approval of the item but requested City staff talk to the various school
districts' administrations to see if they would pick up the costs themselves. City Manager
Dave Morgan remarked historically the City covered crossing guard costs but he would
reopen this issue and have a discussion with the districts. Mayor Pringle concurred asking
if Council was considering this matter because this was a new provider of services. Mr.
Morgan indicated it was and that generally the contracts were for one year terms with four
one year options to renew. Mayor Pringle requested the issue of crossing guards and
school districts be discussed by Council in the near future.
Council Member Kring moved to approve Item No. 16, seconded by Council Member
Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
18. Accept the bid of Fortel Traffic, Inc., in an amount not to exceed $235,000 for the
D180 purchase of radar feedback signs for Public Works, Engineering Division for aone-
year period with four one-year optional renewals and authorize the Purchasing
Agent to exercise the renewal options in accordance with Bid #6928.
Natalie Meeks, Director of Public Works, stated the City had received grant funding for a
24 feedback signs and were proposing to put them primarily into school zones to remind
drivers to watch their speed. In addition, she indicated the Utilities Department provided
solar panels for the signs to save on power costs. Council Member Hernandez stated it
was important to let the public know what the City was doing in terms of safety and was
the reason he pulled it from the consent calendar to highlight this program and moved to
approve Item No. 19, seconded by Council Member Kring.
July 17, 2007 -Page 16
City Council Minutes
Mayor Pringle pointed out with the solar cell component, these signs were bigger and
bulkier and should be selectively used in areas where there was a real need. From an
aesthetic viewpoint, he did not want to see them widely used to the overall detriment to the
community adding enforcement should be provided rather than using the signs in place of
it.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and
Sidhu. Noes - 0. Motion Carried.
34. Approve and authorize the Community Services Director to execute a Cooperation
a~o8 Agreement with the Anaheim Redevelopment Agency for the purpose of developing
a public park (Related to Agency Item # 04).
Elisa Stipkovich, Community Development Director, remarked this item was a cooperation
agreement with the Anaheim Redevelopment Agency. The Agency, she explained had
purchased the land as part of Kwikset and would be dedicating 1.15 acres to the City for
park purposes. Rather than paying the agency in dollars, the City was asking that the
value of the purchase price be given in park credits to be used for future development
projects.
Council Member Galloway moved to approve Item No. 34, seconded by Council Member
Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
43. ORDINANCE NO. 6064 (ADOPTION) AN ORDINANCE OF THE CITY OF
c2so 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 (Zoning Code Amendment No. 2007-00059) (Introduced at the
Council meeting of June 19, 2007, Item #56).
Linda Johnson, Planning Department, stated Ordinance No. 6064 would amend the zoning
code to further streamline the process for a property owner to request a wavier of
dedication and improvements. Currently owners could request this waiver from the
Planning Commission; however, it would take approximately three months for this to
process. The revised process would have the waiver request go directly to the City
Engineer and substantially cut down the processing time. She added the City Engineer's
decision could be appealed to the Planning Commission.
Council Member Hernandez emphasized this effort was a step toward getting a project
through the system faster and he hoped there were more opportunities to make similar
improvements and moved to adopt Ordinance No. 6065 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 (ZCA #2007-00059),
seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council
Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
July 17, 2067 -Page 17
City Council Minutes
46. Staff requests continuance to August 21, 2007.
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. (Continued from the meeting of May 15, 2007,
Item 27).
This item continued to August 29, 2007.
47. Confirm the appointment of Councilmember Lucille Kring as a Director to the
0144 Transportation Corridor System (TCS).
Council Member Sidhu moved to confirm the appointment of Lucille Kring as Director to
the TCS, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle,
Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
48. Consider reappointments/appointments to Boards and Commissions, terms to
B105 expire June 30, 2011, except the Senior Citizen Commission, terms to expire June
30, 2010 (Continued from the meeting of June 19, 2007, Item #57).
TERMS EXPIRING JUNE 30, 2011:
Budget Advisory Commission:
Reappointment: Trevor Austin
(Incumbent, Trevor Austin)
With the consent of Council, Mr. Austin was reappointed to the Budget Advisory
Commission.
Community Center Authority:
Reappointment: Ed Munson
(Incumbent, Ed Munson)
With the consent of Council, Mr. Munson was reappointed to the Community Center
Authority
Community Services Board:
Reappointment: Patricia Pina
(Incumbent, Patricia Pina)
With the consent of Council, Ms. Pina was reappointed to the Community Services Board.
Appointment: Anca Trifa
(William Bulman)
Anca Trifa was nominated by Council Member Hernandez and Jerry Conrey was
nominated by Council Member Kring. With no other nominations offered, a straw vote was
taken for Anca Trifa; the result was Ayes - 3; Mayor Pringle, Council Members: Hernandez
July 17, 2007 -Page 18
City Council Minutes
and Sidhu. Noes - 0. Abstentions - 2: Council Members: Galloway and Kring. The straw
vote for Mr. Conrey reflected Ayes - 2: Council Members Galloway and Kring; Noes - 1;
Council Member Hernandez and Abstentions - 2: Mayor Pringle and Council Member
Sidhu. Ms. Trifa was appointed to the Community Services Board
Cultural and Heritage Commission:
Reappointment: Alkamalee Jabbar
(Incumbent, Alkamalee Jabbar)
Reappointment: Christie Romero
(Incumbent, Christie Romero
With the consent of Council, Ms. Jabbar and Ms. Romero were reappointed to the Cultural
and Heritage Commission.
Golf Commission:
[Re]Appointment: Patty Gaby
(Incumbent, Patty Gaby)
With the consent of Council, Ms. Gaby was reappointed to the Golf Commission.
Reappointment: Harold "Skip" Keys
(Incumbent, Harold "Skip" Keys)
Mr. Keys was considered for reappointment; the straw vote reflected Ayes - 3: Mayor
Pringle, Council Members Galloway and Sidhu. Noes - 0. Abstentions - 2: Council
Members Kring and Hernandez. Mr. Keys was reappointed to the Golf Commission.
Reappointment: Frank "Bud" Schultz
(Incumbent, Frank "Bud" Schultz)
With the consent of Council, Mr. Schultz was reappointed to the Golf Commission
Housing 8~ Community Development Commission:
Reappointment: Darlene Powell
(Incumbent, Darlene Powell)
With the consent of Council, Ms. Powell was appointed to the Housing & Community
Development Commission.
Reappointment: Constantine Proussalis
(Incumbent, Constantine Proussalis)
With the consent of Council, Constantine Proussalis was appointed to the Housing &
Community Development Commission.
Investment Advisory Commission:
July 17, 2007 -Page 19
City Council Minutes
Reappointment: James Riley
(Incumbent, James Riley)
With the consent of Council, Mr. Riley was reappointed to the Investment Advisory
Commission.
Reappointment: Ken Stark
(Incumbent, Ken Stark)
With the consent of Council, Mr. Stark was reappointed to the Investment Advisory
Commission.
Library Board:
Appointment: Linell Mathisen
(Robert Wadleigh) not seeking reappointment
William Townsend was nominated by Councilmember Hernandez and Linell Mathisen was
nominated by Council Member Kring. The straw vote for Mr. Townsend reflected Ayes - 1;
Council Member Hernandez, Noes - 0. Abstentions - 4: Mayor Pringle, Council Members:
Galloway, Kring and Sidhu. The straw vote for Ms. Mathisen reflected Ayes - 4; Mayor
Pringle, Council Members: Galloway, Kring and Sidhu. Noes - 0. Abstentions - 1:
Council Member Hernandez. Ms. Mathisen was appointed to the position of Library Board.
Park & Recreation Commission:
Reappointment: Donald Baldwin
(Incumbent, Donald Baldwin)
With the consent of Council, Mr. Baldwin was reappointed to the Park & Recreation
Commission.
Reappointment: Mike Brennan
(Incumbent, Mike Brennan).
With the consent of Council, Mr. Brennan was reappointed to the Park & Recreation
Commission.
Planning Commission:
Appointment: Peter Agarwal
(Incumbent, Cecilia Flores)
Council Members Kring, Sidhu and Hernandez objected to the reappointment of Cecilia
Flores; Council Member Sidhu offered Peter Agarwal for the appointment and Council
Member Kring put forth the name of Jerry Conrey. A straw vote for Mr. Agarwal and Mr.
Conrey reflected a tie vote of Ayes - 2; Noes - 0; Abstentions - 3. Council Member Kring
withdrew her abstention vote and Mr. Agarwal was appointed to the Planning Commission.
Reappointment: Joseph Karaki
(Incumbent, Joseph Karaki)
July 17, 2007 -Page 20
City Council Minutes
With the consent of Council, Mr. Karaki was reappointed to the Planning Commission.
Public Utilities Board:
Reappointment: Lon Cahill
(Incumbent, Lon Cahill)
With the consent of Council, Mr. Cahill was reappointed to the Public Utilities Board.
Appointment: Jordan Brandman
(John Elwell)
Council Member Galloway nominated Jordan Brandman and Council Member Kring
nominated David Lawhorn for the Public Utilities Board. With no other nominations
offered, a straw vote for Mr. Brandman indicated Ayes - 3: Mayor Pringle, Council
Members Galloway and Sidhu. Noes - 0. Abstentions - 2: Council Member Hernandez
and Kring. A straw vote for Mr. Lawhorn reflected Ayes - 2: Council Members Kring and
Hernandez, Noes - 0, and Abstentions - 3: Mayor Pringle, Council Members: Galloway
and Sidhu. Mr. Brandman was then appointed to the Public Utilitites Board and Council
Member Kring changed her vote to support Mr. Brandman reflecting a 4:0:1 vote.
TERMS EXPIRING JUNE 30, 2010:
Senior Citizen Commission:
(Re]Appointment: Henry DeLa Mora
(Incumbent, Henry DeLa Mora)
With the consent of Council, Mr. De La Mora was reappointed to the Senior Citizen
Commission.
[Re]Appointment: Antonio Rodella
(Antonio Rodella)
With the consent of Council, Mr. Rodella was reappointed to the Senior Citizen
Commission.
Council Members Sidhu and Kring suggested a policy for Commission appointees who
missed several consecutive unexcused meetings. After some discussion among the
Council, staff was requested to draft a policy regarding commission member absences to
be considered at the July 31St meeting and to compare the policies of other Orange County
cities.
49. Discussion regarding opposing the proposed sale of the Anaheim Memorial Medical
D114 Center to Prime Healthcare.
July 17, 2007 -Page 21
City Council Minutes
RESOLUTION NO. 2007-129 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM opposing the sale of Anaheim Memorial Medical Center to
Prime Healthcare and calling upon the California Attorney General to deny approval
of such sale.
Council Member Hernandez had requested this resolution to oppose the sale of Anaheim
Memorial Hospital be agendized. He indicated the hospital was and had been snot-for-
profit facility for almost 50 years and was to be purchased by afor-profit corporation. The
hospital, he pointed out, had served many people in the community who otherwise could
not have afforded health care. He indicated that 12 years ago the hospital was absorbed
by Memorial Health Services, anot-for-profit organization, and that they had been losing
money over a long period of time. With the looming aspect of seismic retrofit mandated by
the State at a projected cost of $85 - $125 million, it became a financial liability for
Memorial Health Services and the hospital was put up for bid. The only bids received were
from for-profit hospitals and the successful bidder Prime Health Care was denied the sale
of the hospital by the State Attorney General due to a flaw in the bidding process. Council
Member Hernandez asked that the City send a message to future bidders to object to the
loss of this hospital as anon-profit facility as and vote in favor of the resolution and moved
to approve the Resolution of the City of Anaheim opposing the sale of Anaheim Memorial
Medical Center to Prime Healthcare and calling upon the California Attorney General to
deny approval of such sale, seconded by Council Member Kring.
Mayor Pringle stated the majority of the hospitals in Orange County were for-profit and
when the community wanted to ensure the facility would remain open and address the
expensive retrofit mandates, it would more likely occur when the hospital made a profit.
Council Member Sidhu concurred that the only way for the hospital to survive was to make
a profit and he did not want to tie the hands of prospective buyers.
Roll call vote: Ayes - 3, Council Members: Galloway, Kring and Hernandez. Noes - 2:
Mayor Pringle and Council Member Sidhu. Motion Carried.
5:30 P.M. PUBLIC HEARINGS:
51. This is a public hearing to consider Sanitary Sewer Impact fees for new and
expanded developments within the Central City Area.
ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL approving the amendment to Title 10, Chapter 10.12 of the Anaheim
Municipal Code, adopting Sanitary Sewer Impact and Improvement Fees for new
and expanded developments within the Central Anaheim area.
July 17, 2007 -Page 22
City Council Minutes
RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing the amount of the Sanitary Sewer Impact and
Improvement fees for the Central Anaheim Area.
Letter received from applicant requesting continuance; continued until August 7, 2007.
Council continued this matter until August 7, 2007.
Report on Closed Session Actions: NONE
Council Communications:
Councilmember Galloway commented briefly on the dedication of Fire Station 11 in Twila
Reid Park, the first station opened in 23 years, inviting residents to visit the facility. She
also reported on the success of the Canyon Hills 4th of July celebration.
Councilmember Kring also commented on the dedication of Fire Station 11 and the
Canyon Hills 4th of July celebration, indicating the U.S. Marine Color Guard had
participated in the event.
Councilmember Sidhu, recently returned from Bangkok, reminded everyone that it was the
anniversary of the opening of Disneyland who had opened their gates in 1955.
Mayor Pringle proudly reported in the increase to the Urban Area Strategic Initiative
funding awarded to the City of Anaheim, stated it was a tribute to City staff in addressing
emergency services countywide. He also commented on the City's high score from the
Orange County Business Council on meeting housing needs, ranking Anaheim as first in
affordable housing in the County.
Adjournment: City Council adjourned at 9:59 P.M.
With the concurrence of Council, Mayor Pringle adjourned the meeting at 9:59 P.M.
Respe ully submitted,
inda Nguyen, Cit rk