2007/11/06ANAHEIM CITY COUNCIL
REGULAR MEETING OF
NOVEMBER 6, 2007
The regular meeting of November 6, 2007 was called to order at 3:00 P.M. and adjourned to 4:00
P.M. for lack of a quorum. Mayor Pringle called the regular adjourned meeting of November 6 to
order at 4:05 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard
A copy of the agenda for the Anaheim City Council meeting was posted on November 1, 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 Wood, City Attorney Jack White, and City Clerk Linda
Nguyen
ADDITIONSIDELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Eric Altman, Orange County Communities Organized for Responsible Development, stated his
interest in taking part of discussions relating to the development of the 50-acres in the Platinum
Triangle area. He suggesting three steps to balance the need of the city and interested public by
agendizing decisions in open session, publicizing the process and timeline and release documents
when final.
Jose Perez, Dayle McIntosh Center expressed interest in taking part of the dialogue relating to
Closed Session Item #1.
Mr. Gutierrez, Esq., Public Law Center, requested Council make public deliberations.
Mayor Pringle explained the Brown Act rules and explained that direction to staff resulting from
closed session items are made public.
CLOSED SESSION:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Approximately 50.29 acres generally northerly of Angel Stadium of Anaheim in
the Platinum Triangle Stadium District, 2000 Gene Autry Way, Anaheim, California
Agency negotiator: Dave Morgan, Joel Fick
Negotiating parties: City of Anaheim and Archstone-Smith Operating Trust
Under negotiation: Under Negotiation: price and terms
2. 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 Nos. 070001210 and 070001293.
November 6, 2007 -Page 2
3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a} of
Section 54956.9 of the Government Code)
Name of case: Munoz v. Ruiz, et al., United States District Court, Case No. SACV 05-
1053 AHS.
4. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of
Section 54956.9 of the Government Code)
Name of case: Hedgpeth v. City of Anaheim, et al., Orange County Superior Court Case
No. 060006369.
Invocation: Council Member Lorri Galloway
Flag Salute: Mayor Pro Tem Hernandez
ADDITIONSIDELETIONS TO THE AGENDA: Acceptance of Other Recognitions topic was
added to the agenda and included a certificate recognizing Anaheim Shores on it's 30th
Anniversary.
Acceptance of Other Recognitions (For a later date):
Recognizing Anaheim Shores on It's 30th Anniversary -Don Evasquez
thanked Council for recognizing the Anaheim Shores community announcing the Mito Walk would
be unveiled on November 12th to recognize the 30th anniversary of Anaheim's Sister City, Mito,
Japan in conjunction with the 30th anniversary of the Anaheim Shores Community.
At 5:40 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and Housing
Authority (in joint session with the City Council)
PUBLIC COMMENTS (all items except public hearings):
Carolyn Walters, resident, announced the 13th Marine Expeditionary Unit would be returning to
Camp Pendleton on November 17th and invited the community to visit the base and welcomed
them home from deployment in Iraq.
Francis N., resident, commented on the billboard exchange item, requesting any new permits to
construct billboards have a sunset clause of 10 years and should a vendor wish to continue with
the program after 10 years, a new permit should be required which would take into account any
changing circumstances after that 10 year period. He also recommended if an exchange program
was approved, the City billboards be removed prior to any construction of a freeway billboard.
At 5:44 P.M., Mayor Pringle recessed Council session to consider the Redevelopment Agency
Agenda and the Housing Authority agenda, reconvening Council session at 5:45 P.M.
CONSENT CALENDAR: Council Member Kring removed Item No. 18 from the consent calendar
for further discussion; Mayor Pringle pulled Item No. 19. Council Member Sidhu moved to waive
reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar in
accordance with the reports, certifications and recommendations furnished each council member
and as listed on the Consent Calendar, seconded by Council Member Hernandez. Roll call vote:
Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
Motion Carried.
November 6, 2007 -Page 3
MOTION: S/H Waive reading in full of all ordinances and resolutions and adopt the consent
calendar.
6. Reject certain claims filed against the City.
C118
7. Receive and file minutes of the Housing and Community Development Commission
B105 meeting held August 15, 2007 and Park and Recreation Commission meeting held
September 26, 2007.
8. Appoint the following individuals to the Anaheim Workforce Investment Board representing
6105 the business sector: Ms. Alicia Berhow to complete the unexpired term of Mark Patrick
ending December 20, 2009; Ms. Kelly Adams to complete the unexpired term of Jorge
Marquez ending June 30, 2009; and Ms. Mariah Bieber to complete the unexpired term of
Lorel Roehl ending April 11, 2009.
9. Review the need for continuing the local emergency heretofore proclaimed by the Director
D175 of Emergency Services as ratified by previous action of the City Council concerning land
movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive and
the Hidden Grove Lane/Fox Glen Drive area in the City of Anaheim, and, by motion,
determine that the need for continuing the local emergency exists.
10. Approve the sale of Axe, a police Canine, to Anaheim Police Officer Pat Bradley for $3500
D160 and amend budget accordingly.
11. Approve and authorize the Public Utilities General Manager to execute the Second
2727.2 Amendment to the Services and License Agreement with Triple Point Technology, Inc.
extending the term of the agreement for six months, and if necessary, exercise the option to
extend the term of the agreement for an additional six months.
12. Approve and authorize the Public Utilities General Manager to execute a Railroad Wireline
4936 Crossing Agreement with Union Pacific Railroad Company for the wireline crossing of
power lines within Underground District No. 54 Katella/Lewis.
13. Accept the low bid of Superior Tree Care, in an amount not to exceed $157,458, for tree
4937 care services for the Dad Miller Golf Course, for a period of one-year, with four one-year
optional renewals and authorize the Purchasing Agent to exercise the renewal options in
accordance with Bid #7014.
14. Approve the Temporary Agreement of Right-of-Entry with Michael Woolbright, for property
4938 located at 2159 West Katella Avenue for the Katella Avenue Smart Street -Humor Drive to
Jean Street Project.
15. Approve the Agreement for Right-of-Entry with Victoria Grijalva for Sherwood Estates,
493s HOA, for property located at 1501-1550 West Nottingham Lane for the Katella Avenue
Smart Street -Ninth Street to Humor Drive Project.
16. Approve the Agreement for Right-of-Entry with Shawn Davis for property located at 1567-
4940 1599 West Katella Avenue for the Katella Avenue Smart Street -Ninth Street to Humor
Drive Project.
November 6, 2007— Page4
17. Approve an Agreement for Right-of-Entry with C. Grindstaff for Jeff Denny, for property
4941 located at 1700-1755 South Angel Court for the Katella Avenue Smart Street- Ninth Street
to Humor Drive Project.
20. Determine that the proposed ordinances constitute projects falling within the definition of
C300 Categorical Exemptions, Section 15061 (b) (3), as defined in the State CEQA Guidelines
and are, therefore, categorically exempt from the requirement to prepare an EIR.
ORD-6078 ORDINANCE NO. 6078 6085 (INTRODUCTION)AN ORDINANCE OF THE CITY
renumbered to OF ANAHEIM repealing existing Chapter 15.02 and adding new Chapters 15.02, 15.03 and
ORD-6085 the 2007 edition of the California Building Standards code, known as California Code of
upon adoption Regulations, Title 24, incorporating the 2006 edition of the International Building Code
on including appendix Chapter I, the 2006 edition of the Uniform Mechanical Code, the 2006
12/11/2007. edition of the Uniform Plumbing Code, and the 2005 edition of the National Electrical Code.
ORD-6079 ORDINANCE NO. 6079 6086 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
renumbered to ANAHEIM repealing existing Chapter 16.08 and adding new Chapter 16.08 of the Anaheim
ORD-6086 Municipal Code adopting by reference with amendments the 2007 California Fire Code,
upon adoption incorporating by reference the 2006 edition of the International Fire Code, with California
on amendments, as codified within Part 9, Title 24 of the California Code of Regulations.
12/11/2007.
Schedule a public hearing on the above-referenced ordinances, to be held on November
27, 2007 at 5:30 p.m.
21. RESOLUTION NO. 2007-207 A RESOLUTION OF THE CITY COUNCIL OF THE
D114 CITY OF ANAHEIM establishing the days and times of regular meetings of the City Council.
22. RESOLUTION NO. 2007-208 A RESOLUTION OF THE CITY COUNCIL OF THE
P110 CITY OF ANAHEIM vacating a public utility easement located at 1671 West Katella Avenue
pursuant to California Streets and Highway Code Section 8330, et seq. - Summary
Vacation (Abandonment No. ABA 2007-00165).
23. RESOLUTION NO. 2007-209 A RESOLUTION OF THE CITY COUNCIL OF THE
P109 CITY OF ANAHEIM approving the sale of certain city owned property located at and more
commonly known as the south side of Water Street, west of Illinois Street, north of Vineyard
Avenue, Anaheim, California (APN 036-251-01, 036-251-20 and 036-251-22).
24. Approve minutes of the City Council meeting held October 23, 2007.
END OF CONSENT CALENDAR
18. Approve an agreement with P&D Consultants, in an amount not to exceed $300,000, for
4942 preparation of a landscape/beautification master plan for the Riverside Freeway and
authorize an increase in the Department of Public Works' General Fund appropriation by
$300,000 for Fiscal Year 2007-08.
Council Member Kring reported she often received calls from concerned citizens on current
drought conditions and asked staff if the freeway landscaping plan included drought tolerant plants.
Natalie Meeks, Public Works Director, responded staff focused on drought tolerant plants and
efficient landscaping and irrigations systems. She also remarked staff would work with Caltrans, if
November 6, 2007 -Page 5
this property was within the Caltrans right-of-way, to ensure the design would be an improvement
over current conditions.
Council Member Kring then moved to approve Item No. 18, seconded by Council Member
Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring
and Sidhu. Noes - 0. Motion Carried.
19. Approve an engineering services agreement with Harris & Associates, in an amount not to
4943 exceed $250,000, for the design of the storm drain improvement at West Anaheim
Thornton/Brady area.
Providing background on this item, Mayor Pringle reported approximately 18 months ago, the
Thornton/Brady neighborhoods had petitioned the City regarding flooding from overflowing storm
drains located in their back yards and it had become a priority of the West Anaheim community to
improve that situation. The design plan before Council would be using federal funds for storm
drain improvements as the first step in a project that would ultimately cost $3 million. Mayor
Pringle requested staff have the engineering and design work phased rather than wait for the $3
million to be found and budgeted. He asked that the phasing segments be identified on a priority
basis during the coming budget process for Council to fully understand the costs associated with
each segment.
Mayor Pringle moved to approve Item No. 19, seconded by Council Member Kring. Roll call vote:
Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
Motion Carried.
25. Reject all proposals received in response to a Request for Information related to a potential
D159 billboard exchange program on the basis that they are either incomplete or do not
demonstrate the level of community benefit necessary to warrant further consideration.
(Continued from the meefing of September 71, 2007, Item No. 22).
Mayor Pringle explained Council had continued this item from the September 11th meeting to
provide outdoor advertising agencies an opportunity to revise or submit new proposals more
consistent with Council's intent for a significant reduction of street billboards in exchange for
freeway locations. He reported staff again recommended rejection of the four responses received
on the basis they were incomplete or did not demonstrate the level of community benefit to warrant
any changes. He indicated he would feel fine with that recommendation; however he had met with
several outdoor agencies who stated their responses were not their best and final offer and who
had expressed concern at having their financial documents and other proprietary information
available to the public and asked for the ability to have negotiations in a more confidential manner.
Council Member Galloway stated she did not have enough information at this point to make a
decision and would also like public comment to be included prior to any decision on a billboard
exchange program.
City Attorney Jack White responded Council could direct staff to design a process that would allow
for more concrete information to be considered and for any financial information to be solicited in
such a way as to preserve its confidentiality and to also not reveal new billboard locations to the
extent that revelation would be proprietary in nature.
Mayor Pringle moved to continue this item to the next Council meeting to allow the City Attorney to
bring back a process to solicit more definitive information on proposals, seconded by Council
November 6, 2007 -Page 6
Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez,
Kring and Sidhu. Noes - 0. Motion Carried.
PUBLIC HEARINGS:
26. This is a public hearing to consider a resolution finding and determining the public interest
P121 and necessity for acquiring and authorizing the condemnation of certain real property
located at 1771 South Garden Drive for the Katella Avenue Smart Street Project.
RESOLUTION NO. 2007-210 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM determining the public interest and necessity for acquisition of property
located at 1771 South Garden Drive for the purpose of the Katella Avenue Smart Street -
Humor Drive to Jean Street Project (R/W ACQ 2005-00245).
Natalie Meeks, Public Works Director, explained this property acquisition was to acquire right of
way for the Katella Avenue Smart Street Project which would widen Katella Avenue from Humor
Drive to Jean Street and provide three through-lanes for the east and west directions of travel.
She indicated an offer to purchase the subject parcel was made to the owners of record for the right-
of-way necessary to complete the project with the owner had entered into an agreement with the City
for the purchase. Because of complications with title to the property, the owner could not clear
exceptions to title and this eminent domain process, she explained, was necessary to allow title to be
cleared through the court.
Mayor Pringle opened the public hearing and receiving no comment, closed the hearing.
Council Member Hernandez moved to approve RESOLUTION NO. 2007-210 OF THE CITY OF
ANAHEIM determining the public interest and necessity for acquisition of property located at 1771
South Garden Drive for the purpose of the Katella Avenue Smart Street -Humor Drive to Jean
Street Project, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle,
Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.'
27. CONTINUED PUBLIC HEARING:
C410 CEQA NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT N0.2007-00455
RECLASSIFICATION N0.2007-00198
OWNER: La Vue LLC, 30622 La Vue Street, Laguna Niguel, CA 92677
AGENT: Mehdi Ebrahimzadeh, 30622 La Vue Street, Laguna Niguel, CA 92677
LOCATION: 1556 West Katella Avenue: Property is approximately 0.78-acre, having a
frontage of 130 feet on the south side of Katella Avenue and is located 170 feet west of the
centerline of Bayless Street.
General Plan Amendment No. 2007-00455 -Request to amend the land use element
map of the General Plan redesignating the property from the General Commercial
designation to the Low-Medium Density Residential designation.
Reclassification No. 2007-00198 -Request reclassification of the subject property from
the T (Transition) zone to the RM-3 (Multiple-Family Residential) zone.
Conditional Use Permit No. 2007-05200 -Request to construct a 14-unit attached
residential planned unit development with modification to development standards and
waiver of setback between buildings and improvement of private street.
November 6, 2007 -Page 7
Tentative Tract Map No. 17116 - To establish a 1-lot, 14-unit airspace attached
residential condominium subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
CEQA Negative Declaration approved (Vote: 6-0; Commissioner Karaki absent).
Recommended City Council Approval of General Plan Amendment No. 2007-00455
(PC2007-89).
Reclassification No. 2007-00198 granted (PC2007-90).
Waiver of Code Requirement, approved, in part.
Conditional Use Permit No. 2007-05200 granted, as amended (PC2007-91 ).
Tentative Tract Map No. 17116 approved.
(Planning Commission Meeting of August 6, 2007}.
(Continued from the Council meeting of September 25, 2007, Item #35, October 3, 2007,
Item #21 and October 23, 2007, Item #44).
MOTION: K/H CEQA NEGATIVE DECLARATION
RESOLUTION NO. 2007-211 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving General Plan Amendment No. 2007 00455, pertaining to
the Land Use Element.
ORDINANCE NO. 6080 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code
relating to zoning (Reclassification No. 2007-00198).
Sheri Vander Dussen, Planning Director, reported the Planning Commission had approved the
reclassification of this vacant property from the Transition zone to the Multiple Family residential
zone on August 6, 2007. The Commission had also approved a general plan amendment to
redesignate the property from General Commercial to Low Medium Density Residential and a
conditional use permit to construct 14 condominiums contingent upon Council's approval of the
general plan amendment and reclassification request. She indicated the site was more suitable
for residential and commercial as it was surrounded by single family neighborhoods to the south
and southwest and the parcel had limited frontage on a public street and was also deep which
limited visibility for commercial development and recommended approval of the project.
Mayor Pringle opened the public hearing.
Pat McGuigen, representing the developer, indicated the lot was irregularly shaped, narrow and
deep and the architect had designed two separate buildings facing each other with two individual
units in the back. The units had two car garages, private back yards and a community green
space was to be placed at the south end of the complex. Mayor Pringle questioned how impacts
to single family homes in the rear of the parcel would be addressed and Ms. McGuigen responded
the developer had met with the neighbors in the back and in the corner and redesigned the project
to meet any concerns expressed. She added cypress trees would be planted along the west side
of the parcel to screen views.
With no other comments offered, Mayor Pringle closed the hearing.
Council Member Kring moved to approve the CEQA Negative Declaration, to approve
RESOLUTION NO. 2007-211 OF THE CITY OF ANAHEIM approving General Plan Amendment
No. 2007-00455, pertaining to the Land Use Element and to introduce ORDINANCE N0.6080 OF
THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
November 6, 2007 -Page 8
Municipal Code relating to zoning (Reclassification No. 2007-00198), seconded by Council
Member Hernandez. Mayor Pringle remarked that he lived nearby and felt the project was a great
asset to the neighborhood and he appreciated the developer's interest in addressing the
neighbors concerns. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
28. CEQA ENVIRONMENTAL IMPACT REPORT NO. 2007-00337 AND MITIGATION
C330 MONITORING PLAN NO. 147
DEVELOPMENT AGREEMENT NO. 2007-00003
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2006-05146
SPECIFIC PLAN AMENDMENT N0.2007-00048
TENTATIVE PARCEL MAP NO. 2007-195
OWNER: Kaiser Foundation, 393 East Walnut Street, Pasadena. CA 91188
AGENT: Duane Luzum, Kaiser Permanente, 1707 Barcelona Circle, Placentia, CA 92870
LOCATION: 3400-3450 East La Palma Avenue: Property is approximately 27 acres,
having a frontage of 984 feet on the south side of La Palma Avenue and is located 225
feet east of the centerline of Miller Street.
Environmental Impact Report No. 2007-00337 -Request for certification of
Environmental Impact Report No. 337, including adoption of a Statement of Findings of
Fact, a Statement of Overriding Considerations and Mitigation Monitoring Program No.
147 for the Kaiser Hospital project. EIR No. 2007-00337 has been prepared to serve as
the primary environmental document for CUP2006-05146, SUBTPM2007-195, DAG2007-
00003, and SPN2007-00048 and subsequent actions related to implementation of the
project. Implementation is intended to include, but not be limited to, the approval of
subdivision maps, grading permits, street improvement plans, final site plans, and other
related actions for the Kaiser Hospital project. Future actions related to the Kaiser
Hospital project that require additional discretionary review will utilize this document for
CEQA purposes to the extent possible, consistent with Section 15162 of the CEQA
Guidelines.
Specific Plan Amendment No. 2007-00048 -Amendment No. 4 to the Northeast Area
Specific Plan {SP94-1) to adjust the boundaries of Development Area 4.
Conditional Use Permit No. 2006-05146 - To construct a new 1.2 million square foot
Kaiser Hospital campus to include medical office buildings with building heights in excess
of 100 feet, a 360 bed hospital, central utility plant, and two parking structures with waivers
of (a) minimum landscaped setback abutting La Palma Avenue (withdrawn}, and (b)
minimum landscaped setback abutting a freeway frontage.
Development Agreement No. 2007-00003 -Request to adopt a Development Agreement
between the City of Anaheim and Kaiser Foundation to construct a hospital campus in
three phases.
Tentative Parcel Map No. 2007-195 - To merge 9 parcels into 1 parcel.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended Council approval of CEQA Environmental Impact Report No. 2007-00337
and Mitigation Monitoring Plan No. 147 (PC2007-123) (Vote: 7-0).
Recommended Council approval of Development Agreement No. 2007-00003 (PC2007-
126 ).
Waiver of Code Requirement approved.
Granted Conditional Use Permit No. 2006-05146 (PC2007-125).
Recommended Council approval of Specific Plan Amendment No. 2007-00048 (PC2007-
124).
November 6, 2007 -Page 9
Tentative Parcel Map No. 2007-195 approved (PC2007-127).
(Appeal submitted by Kaiser Foundation).
(Planning Commission meeting of October 15, 2007).
RESOLUTION NO. 2007-212 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (I) certifying final Environmental Impact Report No. 2007-00337,( ii)
adopting findings of fact and statement of overriding considerations in connection
therewith, and (iii) adopting Mitigation Monitoring Program No. 147.
ORDINANCE NO. 6081 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM (i) approving Development Agreement No. 2007-
00003 by and between the City of Anaheim and Kaiser Foundation Hospitals, (ii) making
certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement
for and on behalf of the City.
MOTION: H/K WAIVER OF CODE REQUIREMENT.
RESOLUTION NO. 2007-213 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM granting Conditional Use Permit No. 2006-05146.
ORDINANCE NO. 6082 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM approving Amendment No. 4 to the northeast area
Specific Plan No. 94-1 and amending Ordinance No. 5518 accordingly (SPN2007-00048).
RESOLUTION NO. 2007-214 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM granting Tentative Parcel Map No. 2007-195.
Sheri Vander Dussen, Planning, Director, reported on October 15, 2007, the Planning Commission
had approved the applicant's request to construct a Kaiser Hospital campus in three phases and
had also approved a development agreement, a specific plan amendment to adjust the boundaries
of the North East Area Specific Plan, a conditional use permit to allow a hospital campus with
buildings in excess of 100 feet, a landscaped setback along the Riverside Freeway and a tentative
parcel map to combine nine parcels into one. She indicated the applicant had appealed the
Planning Commission's decisions solely to allow City Council to consider approval of all five items
at one time (Council was only required to consider the EIR, the development agreement and the
specific plan amendment).
The property, she explained, contained three vacant industrial buildings and a self storage facility.
The proposed development of the site would focus on health services comprised of a 360 bed
hospital, three medical office buildings, administrative offices, accessory retail areas, a central
utility plant and two parking structures built to replace the existing Kaiser facility on North Lakeview
Avenue in Anaheim which would be retained for ancillary medical and administrative offices. The
first phase of the project, she stated, was the medical office building and surface parking, expected
to be occupied by the spring of 2009; Phase II included a professional office building, a hospital
with 260 beds, a central utility plant and asix-story parking structure expected to be occupied by
summer of 2014. Phase III was a medical office building, expansion of the hospital to add 100
beds and a second parking structure with occupancy expected by 2020.
Ms. Vander Dussen noted the zoning code required a 30-foot landscape setback adjacent to the
91 freeway and that the applicant was proposing a setback ranging from 10 feet to 100 feet with
the 10 foot portion adjacent to Grove Street where emergency vehicles would access the property
November 6, 2007 -Page 10
from the rear. She explained a 30-foot wide planter could not be provided in this area since Grove
Street abutted the freeway and the driveway needed to be aligned with the Grove Street right-of-
way, and due to these special circumstances, staff recommended approval of the setback waiver.
She indicated the applicant also proposed a 25-year agreement, would be providing $2 million
towards the construction of various improvements relating to the Anaheim Canyon Metrolink
station, and would participate in the Workforce Investment Program and Transportation Network
Program. She added the maximum building height of 100 feet would be exceeded by seven feet
through the use of a conditional use permit which the applicant requested and staff recommended
approval as the six story building was compatible with surrounding uses.
She reported the owner of Fry's Electronics store located west of the Kaiser property, had
submitted a letter with several concerns expressed. The owner asked that an existing road and
utility easement next to the 91 freeway be maintained to allow future access between Fry's
property and Grove Street, requested the boundaries of the Transit Core Zone include the Fry's
property and expressed concern that the development agreement and location of Kaiser's signage
could affect his property. Staff responded to each of those concerns, and found no basis for them.
She indicated that on page 49 of the development agreement, Condition No. 27, staff
recommended the access easement through the southerly portion of the Kaiser property be
abandoned. The condition incorrectly indicated a 45 feet wide easement and staff recommended it
be modified to 60 feet.
Ms. Vander Dussen ended her presentation stating the hospital campus was compatible with the
land uses in the area and would be a great addition to the Canyon area and recommended
approval.
Mayor Pringle opened the public hearing.
Julie Miller Phipps, representing Kaiser Permanente, remarked this was a complex and critical
project to Kaiser Permanente which served almost 400,000 members in Orange County. She
stated the facility would be astate-of-the-art replacement for the Kaiser facility on Lakeview, would
contain three medical office buildings, 360 hospital beds using the most up-to-date technology and
was situated to take advantage of the healing garden which ran the length of the facility. She
indicated the campus was a templated hospital for Kaiser with 600 people involved in the
development of this green building and that a great deal of thought had gone into the materials,
landscaping, water reclamation process and emissions. She pointed out the construction would
take place in three phases with an anticipated opening date around 2013.
Mayor Pringle asked for the total number of parking spaces under construction and Ms. Phipps
responded it was 3,900 parking stalls within two six-story structures. She added the campus would
employ over 2,000 people when built out. Mayor Pringle pointed out the Metrolink transit station
was an important component to this project as it would provide relief to both traffic and parking.
Council Member Hernandez inquired about future use for the old campus on Lakeview Drive; Ms.
Phipps responded that a consultant was retained to identify the best use for the site, which may
continue to be used as a medical office or surgery center or other medical related services. She
pointed out due to seismic requirements, it was not cost effective to continue to use the complex as
a hospital but was still valuable for non-hospital related uses. Council Member Sidhu asked how
many patients the Lakeview facility could accommodate and Ms. Phipps replied it was licensed for
200 beds initially but that had been diminished over time to 174 beds. Council Member Sidhu
pointed out Kaiser had continued to upgrade the Lakeview complex and had just constructed a
pedestrian bridge in the parking lot. Ms. Phipps confirmed Kaiser continued to make investments
at that site for its members since it would continue to operate as a hospital for four or five more
November 6, 2007 -Page 11
years. Council Members Galloway and Kring expressed their appreciation of the proposed
complex.
Gary Growman, owner of Fry's property, explained he had several concerns about the project and
wanted an opportunity to sit down with the developer and go over those concerns. He proposed
Grove Street be extended to his property line to allow for safe ingress and egress for Fry's
customers and for Kaiser employees and explained in detail his rationale for the street extension.
He also wanted to ensure that 3,900 parking stalls was enough for hospital clientele so as not to
affect Fry's customers, pointing out other Kaiser facilities with similarly-sized parking had overflow
lots using shuttle services or tandem parking. Addressing his request to include Fry's site into the
Transit Core zone, Mr. Growman pointed out the Kaiser site was approved for a higher density and
he did not want a prohibition on a density increase for his property should he decide to develop it
some time in the future. Regarding the development agreement, he asked that the language
relating to a potential assessment district be clarified to read that his property would not be
included in the assessment district as a pro rata benefited party, should a district be formed. His
last concern was that Fry's monument sign would be dwarfed by the size of the hospital and he
might request to have that signage enlarged.
With no other public comments offered, Mayor Pringle closed the hearing.
Duane Luzum, Kaiser representative, stated this project had been in development for a number of
years pointing out the healing garden in the center of the campus was a dynamic feature meant to
focus on the campus and link pedestrians to the metro station. He added the technology to be
utilized was huge and the coalition of people involved in the project determined the main entry was
the best orientation for patients and visitors. Other entrances would be used for service deliveries
and emergency vehicles. Mayor Pringle addressed the Metro station connectivity challenges and
how the healing garden would draw pedestrians to the station. He added he was comfortable with
the Anaheim Fire Department's approval stating it would not have been given unless there was
clear and complete access to all components of the property.
Council Member Sidhu asked if any other Kaiser sites had experienced similar traffic flow and the
response given was that new, similarly-sized facilities were coming on line, but none had yet been
opened. It was pointed out hospital staff would have three eight-hour shifts so there would be a
constant ebb and flow of traffic and parking.
Council Member Hernandez moved to approve the following: RESOLUTION NO. 2007-212 OF
THE CITY OF ANAHEIM (I) certifying final Environmental Impact Report No. 2007-00337,( ii)
adopting findings of fact and statement of overriding considerations in connection therewith, and
(iii) adopting Mitigation Monitoring Program No. 147; introducing ORDINANCE NO. 6081 OF
THE CITY OF ANAHEIM (i) approving Development Agreement No. 2007-00003 by and between
the City of Anaheim and Kaiser Foundation Hospitals, (ii) making certain findings related thereto,
and (iii) authorizing the Mayor to execute said agreement for and on behalf of the City; to approve
waiver of Code requirement; to approve RESOLUTION NO. 2007-213 OF THE CITY OF
ANAHEIM granting Conditional Use Permit No. 2006-05146 (as modified by staff); to introduce
ORDINANCE NO. 6082 OF THE CITY OF ANAHEIM approving Amendment No. 4 to the
northeast area Specific Plan No. 94-1 and amending Ordinance No. 5518 accordingly (SPN2007-
00048); and to approve RESOLUTION NO. 2007-214 OF THE CITY OF ANAHEIM granting
Tentative Parcel Map No. 2007-195, seconded by Council Member Kring. Roll call vote: Ayes -
5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion
Carried.
November 6, 2007 -Page 12
Report on Closed Session Actions: None
Council Communications:
Council Member Hernandez announced there were several events taking place on Veteran's Day
in gratitude for sacrifices made by U.S. veterans and encouraged the community to participate.
Council Member Galloway recounted the various Anaheim City and community festivities that had
occurred over the past week and offered her best wishes to External Affairs Officer John Nicoletti
for his years of dedicated service to Anaheim.
Council Member Kring offered congratulations on the successful Police Athletics League Casino
night to secure funds for youths at risks and the Police volunteer program. She also spoke of
creating a task force of public and private interests geared towards encouraging new businesses in
the City.
Council Member Sidhu commented on specific departmental accomplishments and reminded the
community that Thanksgiving Dinner was being offered at the Honda Center from 11:00 to 4:00
p.m. on Thanksgiving Day.
Mayor Pringle announced Orange County Transportation Authority was looking at the possibility of
building the largest inter-modal station for all transit connections in the City of Anaheim and hosted
the ARTIC Interest Conference with 300 entities looking for ways to provide private funding for this
project. He also reported 2,700 3`d graders from Anaheim Schools were the recipients of a local
history book, written just for them. He indicated the printing of the 3,500 books were paid for by
generous donors to help celebrate Anaheim's 150th anniversary and he hoped this tradition would
go on each year. He remarked he had attended a meeting in San Francisco with rating agencies
related to Anaheim Redevelopment bonds on behalf of the City. And lastly he announced a
collaborative meeting between the Chamber of Commerce and the City to host an Emerging
Business Conference to bring to bring about high paying in the Canyon area.
Adjournment:
With the consent of Council, Mayor Pringle adjourned the November 6th Council meeting at 7:32
P.M.
Respectfully submitted,
Linda Nguyen, City CI