2008/04/22ANAHEIM CITY COUNCIL
ADJOURNED REGULAR MEETING OF
APRIL 22, 2008
The regular meeting of April 22, 2008 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
April 22, 2008 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 April 18,
2008 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 Andal.
WORKSHOP - 2006-2014 HOUSING ELEMENT POLICY PROGRAM
Planning Director Sheri Vander Dussen introduced David Barquist of RBF Consulting to
explain the specifics of Anaheim's 2006-2014 Housing Element Program. Mr. Barquist
indicated the past 1998-2005 program performance had been evaluated to look at
lessens learned. Some key findings from the review revealed moderate income housing
production goal was established at 657 units, and actual 352 units did not meet
objectives, however consultants believed that such had more to do with the market
dynamics and anticipated the issue to resolve itself over the next few years due to
changing market conditions. The Affordable Housing Strategic Plan (AHSP), he
reported, was shown to be an effective tool for meeting or exceeding the City's goals.
The focus of the revised policy program would be on supplemental strategies, new
requirements that address new state laws and newly identified community issues.
Mr. Barquist remarked that based on numerous discussions and consultations with staff,
the ad hoc committee, neighborhood. councils and six community workshops, issues
were identified as well as opportunities and resources about housing. He stated that
those ideas set the foundation for evaluating and drafting policy language. The housing
strategy areas indentified were Housing Production (the physical production of housing
stock}, Conservation and Preservation, Quality and Design, Rehabilitation and
Affordable Housing Opportunity. He emphasized, these strategies which were
organized into five basic components: 1) discussion of strategy or City actions, 2)
identification of numerical objectives, 3) identifying responsible parties for
implementation of those actions, 4) the sources of funds for implementation and 5) a
timeline for completion. In some cases, he added these were on-going programs that
would continue annually and in other cases, there would be policy actions such as
review and revision of a zoning code that would have specific deadlines.
Mr. Barquist explained the new state laws which impacted the Housing Element: SB 520
which required adoption of reasonable accommodation procedures for persons with
disabilities, AB 2348 which required in-depth analysis of adequate sites for housing, SB
April 22, 2008
Page 2 of 20
2 which required adequate sites for emergency/transitional housing to meet needs and
AB 2634 which considered extremely-low incomes.
He also discussed new policy strategy considerations that were developed. He added
that the strategies may not have been articulated in the prior Housing Element and was
also in response to existing need and community identified concerns. Those new
strategy considerations were: 1A) Affordable Housing Strategic Plan, 1B) Affordable
Housing Overlay Zone, 1 C) Expedited Process for Lower Income Housing
Developments, 1 D) 30 percent RDA Set-Aside Requirements, 1 I) Platinum Triangle
Implementation and 1J) Housing Information Clearinghouse.
Mayor Pringle remarked he was rethinking the affordable housing overlay zone, asking if
including this within the Housing Element, the City was obligating itself to take action.
Mr. Barquist responded that since it was included within the policy program, that would
be the case, however, the City was not relying on the Affordable Housing Overlay Zone
to quantify objectives in the overall housing projects. Council Member Galloway asked if
certain areas had been targeted and were there a targeted number of units that would
be determined to be in the overlay zone. Jonathan Borrego responded that at this time,
some preliminary sites had been determined and staff was doing the necessary
infrastructure analysis to determine whether those sites would be feasible and that no
targeted number had been identified.
Council Member Hernandez asked if the Fair Housing Agency was included in the
clearing house as well as other mortgage discrimination monitoring agencies. Mr.
Borrego indicated the Fair Housing Agency had been included and while the policy did
not articulate other monitoring agencies, they could be included if Council wished.
Mr. Barquist highlighted the new policy considerations which included the following: 1 R)
Affordable Housing Program; 1T) Housing Stabilization Program; 2C) Community-Based
Neighborhood Enhancement; 2D} Neighborhood Improvement Program; 3A)
Sustainable/Green Building; 3D) Universal Design, 3E) Child Care; 3F) Parks and Open
Space; 3G) Community Design and 51) Counseling Assistance Programs.
Mayor Pringle remarked that one of the strategies already in place was the Police
Residence Assistance Program, asking how many officers utilized that program over the
last period. Mr. Barquist responded that during the last planning period, 50 officers were
assisted. In answering the Mayor's subsequent questions, Mr. Barquist stated he would
provide more details on whether those officers were still working in the City and what
percentage of the $10,000 loan had been forgiven. Council Member Galloway asked
why firefighters had not been included in that program and City Manage Dave Morgan
responded that it had been a higher priority to officers during collective bargaining.
Council Member Hernandez suggested looking at increasing that loan amount since
$10,000 did not go far in today's dollars. Mr. Morgan responded the City could consider
that during the next round of labor negotiations or earlier if Council desired. Mayor
Pringle recommended the City take a look at AQMD requirements to see if this might be
an area for encouraging employees to purchase homes in Anaheim and eliminating
work-related vehicle trips and associated impacts in doing so.
Council Member Hernandez remarked he was interested in Universal Design and
whether it differed from ADA requirements. Mr. Barquist indicated there had been
considerable discussion on this component and the issue with universal design was
April 22, 2008
Page 3 of 20
whether to mandate a certain threshold or to provide incentives. After some discussion,
Mayor Pringle asked that more information be provided on this component.
Mr. Barquist reviewed in some detail the quantified objectives for the next planning
period, describing the breakdown of the RHNA allocations and Anaheim's regional share
of dwelling units for that period, which was 9,498 units. New construction objectives for
the various income categories reflected 4,868 dwelling units. Under rehabilitation, the
total quantified objective was 220 units and under Conservation, the objectives reflected
51 very low at risk units, 134 low at risk units, 75 moderate at risk units, 20 historic
homes preservation and 60 Mills Act contracts.
The Ad Hoc Committee Points of Consideration was whether universal design should be
incentive based or a required component and also setting a specific production target for
the special needs populations. Mr. Barquist ended his presentation stating the next
steps were to go before the Ad Hoc Committee on April 30`h, submit the Draft Housing
Element to Council for review on May 6t'' and submit to the State for compliance review
after that. Public review of the draft would occur in June and the Planning Commission
and Council would adopt the document in June/July of this year.
Council Member Kring asked for details on the cost implication of building homes to
green specifications. Mr. Barquist would provide more details on that issue at a later
date.
Council Member Galloway thanked the ad hoc committee and staff for working together
on this draft which was comprehensive, addressing preservation as well as expansion
opportunities and included low and very low income objectives.
Mayor Pringle recessed the Council meeting 4:59 P.M. and reconvened at 5:25 P.M.
Invocation: Pastor Ed Bartel, Sunkist Community Church
Flaa Salute: Council Member Hernandez
Acceptance of Other Recoanitions tTo be presented at a later date):
Proclaiming April 20 - 26, 2008, as Tree Appreciation Week
Recognizing the Anaheim Chamber of Commerce Business Links
Golf Tournament Honorees
Recognizing Don Nielsen, EI Bekal Shrine
ADDITIONS/DELETIONS TO THE AGENDA:
Staff requested the hearing and action on one of the parcels identified in Item 47, 3101
E. La Palma Avenue, be continued to May 6, 2008. .
PUBLIC COMMENTS (all items except public hearings):
Phalba Henderson, addressed her comments to Item 20, questioning whether
documents provided for that item met full public disclosure requirements.
April 22, 2008
Page 4 of 20
Kirk Bruner, Crestwood Lane resident, requested Council's assistance with a city street
tree causing an on-going health and safety issue. Mayor Pringle requested the
Community Services Director meet with the homeowner to determine whether a solution
was possible and to keep Council informed of the results.
Maurice Turner, resident, referencing Item 22, the neighborhood traffic management
program, voiced his support for any traffic calming efforts describing it as a major issue
for his neighborhood.
Teresa Wishardt, Grammercy Street resident, strongly opposed Council's approval of
the affordable housing units proposed for Greenleaf/Glen Oaks area citing the need for a
neighborhood park and the density impacts the proposed project would cause.
Sharon Davis Smith, Council on Aging, thanked the Community Services Board for their
recommendation for funding this organization which acted as advocates for residents in
skilled nursing homes, residential care facilities and assisted living facilities. She
explained the City's assistance would help the organization continue to serve Anaheim
residents who were in facilities and would also increase the number of residents to be
served through the Linkages Program, a free care management program for persons
with disabilities and frail older adults who stay in their homes.
Mallory Vega, Acacia Adult Day Services, also thanked the Community Services Board
for recommending the City provide grant funding for their organization which offered
adult day care and adult day health care for frail older adults, persons with disabilities,
and individuals with Alzheimer's and related types of dementia.
Sheryl Casanova, Brookfield Homes, voiced support for Item 45, the economic stimulus
package, stating it would help residential development in the community and Brookfield
Homes appreciated and supported that effort.
Ann Mahoney, Rancho Santa Margarita, strongly opposed the barking dog ordinance
which was scheduled for adoption on this date. She believed the ordinance had
loopholes that could be used to unfairly target dog owners citing the need for
substantiation of nuisance complaints rather than acceptance of a complainant's
statement and offered statistics and examples to support her statements.
Christine Thalman, Building Industry Association of Orange County, expressed the
Building Industry's strong support for the economic stimulus package stating it was a
creative and forward-thinking package which put people back to work, addressed
barriers to provide affordable housing and also addressed some of the barriers the
building industry faced which made it cost prohibitive to build affordable housing.
Michael Baker, Boys and Girls Club, thanked staff and Council for their help at a recent
fundraiser which benefitted the youth of Anaheim.
Alma Briceno, Unite Here -Local 681, spoke in opposition to Item 23 which provided tax
breaks to four-star hotel developers and urged Council to examine the full fiscal impact
of this plan.
Martin Lopez, resident, Unite Here Local 681, expressed concern over proposed tax
breaks for hotel developers, stating specific commitments should be required in return
for this tax break such as guaranteeing jobs and paying living wages.
April 22, 2008
Page 5 of 20
Miguel Covios, resident, opposed tax break for hotel developers stating the tourism
industry was strong in Anaheim and tax breaks were unnecessary.
CONSENT CALENDAR: Mayor Pringle removed Item No's. 20, 23, 33 and 45 from the
consent calendar for further discussion; Council Member Hernandez pulled Item Nos.
27, 31, 44 and Council Member Sidhu removed Item No. 43. Council Member Kring
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.
1. Receive and file the Public Utilities Board meeting minutes of March 6, 2008 and
Blos the Public Library Board meeting minutes of March 10, 2008..
2. Review the need for continuing the local emergency heretofore proclaimed by the
D175 Director 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.
3. Approve the Investment Portfolio Report for March 2008.
D117
4. Approve the Agreement for Acquisition of Mobile Home and Improvements with
5148 Satellite Mobile Home Estates, in the amount of $19,600, for a mobile home
located at 1844 South Haster Street, Space 20, for the Gene Autry Way (West)/
I-5 Freeway Highway Project.
5. Approve the Agreement for Acquisition of Mobile Home and Improvements with
5149 Plantation Mobile Home Estates, in the amount of $11,550, for a mobile home
located at 1835 South Manchester Street, Space 13, for the Gene Autry Way
(West)/I-5 Freeway Highway Project.
6. Approve the Agreement for Acquisition of Mobile Home and Improvements with
5150 Plantation Mobile Home Estates, in the amount of $16,700, for a mobile home
located at 1835 South Manchester Street, Space 73, for the Gene Autry Way
(West)/I-5 Freeway Highway Project.
7. Approve the Third Amendment to Agreement with DMJM+Harris, Inc. for design
2754.3 services for the Gene Autry Way (West)/I-5 Freeway Highway Project.
8. Approve the Agreement for Demolition and Reconstruction with Alfonso Gomez,
5151 Teresa Gomez, and Jonnie Gomez, in the total payment amount of $295,033, for
property located at 108 East Wakefield Avenue, for the Gene Autry Way (West)/
I-5 Freeway Highway Project.
9. Approve the Agreement for Acquisition of Real Property with the Kurkjian 2003
5152 Family Trust, in the payment amount of $179,000, for property located at 3085
April 22, 2008
Page 6 of 20
East La Palma Avenue for the Kraemer Boulevard/La Palma Avenue Intersection
Improvement Project (R/V11 ACQ2006-00254).
10. Approve the Temporary Construction Easement Agreement with Equilon
5153 Enterprises, LLC, in the payment amount of $1,000, for property located at 3080
East La Palma Avenue for the Kraemer Boulevard/La Palma Avenue Intersection
Improvement Project (R/V1/ ACQ2006-00258}.
11. Approve the upgrade of the City's existing ERP System covering the financial,
5154 budget, human resources and payroll systems from Version 3.4 to Version 3.7, at
a cost not-to-exceed $800,000, and authorize the Finance Director to execute the
software upgrade and implementation agreements with CGI Technologies and
Solutions, Inc., Electronic Data Systems, a service enhancement request, and
AEF Systems Consulting Inc., and any additional agreements, change orders,
purchase orders, and related documents as necessary for the implementation of
this upgrade.
12. Approve the First Amendment to Agreement with David Taussig & Associates
4129.1 Inc., by an additional $70,000 for a total not-to-exceed amount of $140,000, for
special tax assessment services involving the Community Facilities District
formation for the Platinum Triangle area.
13. Approve the agreement with KFM Engineering, Inc., in an amount not-to-exceed
$77,000, for engineering consulting services in support of the Platinum Triangle
Implementation Plan relating to the proposed Community Facilities District
formation for the area.
14. Approve consultant services agreements with RBF Consulting, Recupero &
5155 Associates, Environmental Engineering & Contracting Inc., and PBS&J, in an
amount not-to-exceed $150,000 per consultant, to provide on-call support
services for the National Pollutant Discharge Elimination System.
15. Approve the Purchase and Sale Agreement and Grant Deed with Raymond
5156 Levert, in the amount of $152,500, for the purchase of remnant property located
at the south side of Water Street, west of Illinois Street and north of Vineyard
Avenue.
16. Approve Amendment No.1 to the Professional Service Agreement with CH2MHill,
4650.1 authorizing additional funding of $65,000 to the original contract amount of
$246,000 (including contingencies) for the citywide Sanitary Sewer Improvement
Program, Group 3, Santa Ana Avenue.
17. Approve the First Amendment to Agreement with The Chance Theater, Inc., to
3562.B.1 extend the term of the agreement through June 30, 2009, for continued utilization
of the Twila Reid Recreation Center for rehearsals.
18. Approve and authorize the Public Works Director to execute Contract Change
4733 Order No. 1 with All American Asphalt, in the amount of $193,000, for the
Anaheim Boulevard Improvement Project from Lorraine to Ball Road.
April 22, 2008
Page 7 of 20
19. Approve and authorize the Public Works Director to execute Contract Change
4605 Order No. 1 with R.J. Noble Company, in the amount of $174,007.96, for the
Orange Avenue Improvement Project from Beach Boulevard to Magnolia
Avenue.
21. Approve and authorize the City Manager to execute Amendment No. 2 to
3647.A.2 Professional Service Agreement with JM Diaz, Inc., in an amount not-to-exceed
$400,000, for engineering services.
22. Rescind City Council Policies 5.1 and 5.2 regarding Speed Humps and Street
D114 Closures and approve new Council Policy titled Neighborhood Traffic
Management Program relating to traffic calming.
24. Approve the cancellation of the June 17, 2008 regularly scheduled meeting and
D114 replace it with an adjourned meeting for June 24, 2008.
25. Set the dates for the public hearings on the adoption of the FY 2008/09 budget to
Dlo6 be June 10, 2008 at 2:00 p.m. and June 24, 2008 at 2:00 p.m.
26. Authorize the Director of the Community Services Department to accept a
Diso donation from the Friends of the Anaheim Public Library, in the amount of
$25,000, for the Central Library Children's Room and authorize the Community
Services Department budget for Fiscal Year 07/08 to be amended accordingly.
28. Award the contract to the lowest responsible bidder, Christopher R. Moreles, Inc.,
5157 in the amount of $193,789, for the Safe Route to School Signalized Street
Crossing Project at Sunkist Street 240 feet south of Tryon Avenue and 255 feet
south of Bethel Drive and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
29. Award the contract to the lowest responsible bidder, All American Asphalt, in the
5158 amount of $643,636.75, for the Miraloma Avenue Street Improvements and
authorize the Finance Director to execute Escrow Agreement pertaining to
contract retentions.
30. Award the contract to the lowest responsible bidder, Nikola Construction Corp., in
5159 the amount of $531,154, for the Citywide Sanitary Sewer Improvement Project,
Group 3, La Palma Avenue Phase II and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions.
32. Waive the sealed bid requirement of Council Policy 4.0 and ratify purchases from
D150 MBA Design and Display Products Corp, in the total amount of $98,451.11, for
"mils-walls" for the Muzeo.
34. Authorize the transfer of ownership of two Philips MRX monitors/defibrillators
D129 from Philips Medical Systems to the Anaheim Fire Department.
35. RESOLUTION NO. 2008-043 A RESOLUTION OF THE CITY COUNCIL
D128 OF THE CITY OF ANAHEIM authorizing the destruction of certain City records
more than two years old (Risk Management).
April 22, 2008
Page 8 of 20
36. RESOLUTION NO. 2008-044 A RESOLUTION OF THE CITY COUNCIL
D175 OF THE CITY OF ANAHEIM authorizing the destruction of certain City records
more than two years old (Public Works).
37. RESOLUTION NO. 2008-045 A RESOLUTION OF THE CITY COUNCIL
D128 OF THE CITY OF ANAHEIM approving the records retention schedule for the
Finance Department.
38. RESOLUTION NO. 2008-046 A RESOLUTION OF THE CITY COUNCIL
D175 OF THE CITY OF ANAHEIM authorizing the Director of Public Works or her
designee to submit an application on behalf of the City of Anaheim to California
Department of Transportation for the Highway-Railroad Crossing Safety Account
Program Grant, and if awarded, authorizing the acceptance of such project
assistance on behalf of the City.
39. RESOLUTION NO. 2008-047 A RESOLUTION OF THE CITY COUNCIL
D175 OF THE CITY OF ANAHEIM authorizing the Director of Public Works of her
designee to submit an application on behalf of the City of Anaheim to the
California State Department of Housing and Community Development for the
Infill Infrastructure Grant Program, and if awarded, authorizing the .acceptance of
such project assistance on behalf of the City.
40. RESOLUTION NO. 2008-048 A RESOLUTION OF THE CITY COUNCIL
5162 OF THE CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit
an application on behalf of the City of Anaheim to Fireman's Fund Insurance
Company for the purchase and maintenance of cardio fitness equipment for the
Fire Department, and if awarded, authorizing the acceptance of such project
assistance on behalf of the City.
41. RESOLUTION NO. 2008-049 A RESOLUTION OF THE CITY COUNCIL
P124 OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
Anaheim certain real properties or interests therein (City Deed Nos. 11126,
11127, 11128, 11130, 11131, 11132).
42. ORDINANCE NO. 6101 (ADOPTION) AN ORDINANCE OF THE CITY
C28o COUNCIL OF THE CITY OF ANAHEIM amending various chapters of Title 18 of
the Anaheim Municipal Code relating to errors, omissions, clarifications and
updates (Zoning Code Amendment 2006-00052; Introduced at the City Council
meeting of April 8, 2008, Item #32).
46. Approve minutes of the regular Council meeting held April 8, 2008.
END OF CONSENT:
20. Approve the FY 2008-2009 Annual Action Plan for federal Community
D155 Development Block Grant (CDBG), HOME Investment Partnerships, and
Emergency Shelter Grant (ESG) program funds totaling $7,175,463 and
designate the Executive Director of Community Development as the certifying
official authorized to execute all documents related to the administration,
management and implementation of the programs.
April 22, 2008
Page 9 of 20
Elisa Stipkovich, Community Development Director, reported this item was the action
plan and budget for the CDBG, HOME Investment Partnership and ESG programs which
totaled $7,175,463 in HUD monies. She indicated coming up with this plan took most of
the year with all Neighborhood Councils, the Community Services Board and CEDAC
interviewing, reviewing and ultimately recommending the funding plan to Council. She
added, responding to an earlier comment during oral communications, staff believed the
report and backup documentation before Council was a full and complete package which
exceeded federal submittal guidelines. She added the appendices to which reference
was made earlier were either documents that were copies of plans that would be
submitted to HUD or minutes of this Council meeting which were not yet drafted.
Mayor Pringle asked the status of the Thornton Brady storm drain project. Clare
Fletcher responded that that last year Council had approved under CDBDG monies, the
funding for the engineering of Thornton Grady storm drain project which was underway
and that no other funding was necessary to complete the specifications for that project.
Mayor Pringle noticed the Boy's and Girl's Club funding had been reduced by $16,000
and that AIDS Services had been increased, remarking that as the Boys and Girls Club
had been successful in raising private funds that some public funds had been reduced.
Council Member Sidhu recommended reducing the AIDS Services funding by $10,000
and allocate that amount to the Boys and Girls Club and moved to adopt the action plan
with that modification, seconded by Mayor Pringle. Council Member Galloway remarked
that the Boys and Girls Club was a veteran organization with the ability to raise private
funds and that the Community Services Board took that into account when allocating
funds. Council Member Kring commented the Community Services Board spent months
determining which agency would benefit from the limited dollars available and she would
not support changing those contributions.
Roll Call vote: Ayes - 2: Mayor Pringle and Council Member Sidhu. Noes - 2: Council
Members Galloway and Hernandez. Abstention - 1: Council Member Kring. Motion
Failed.
Council Member Kring moved to adopt the action plan as presented, seconded by
Council Member Galloway. Council Member Hernandez stated he had hoped to be able
to make a change to the allocations and made a substitute motion to grant additional
funds to Access California. No second was offered and the substitute motion failed.
Roll call vote on Council Member Kring's motion to adopt the action plan as presented,
seconded by Council Member Galloway: Ayes - 5; Mayor Pringle, Council Members:
Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
23. Approve a Hotel Development Economic Assistance Program that provides for
D155 the ability to apply for economic incentives for the development of high quality
hotels in The Anaheim ResortT"" and in the Platinum Triangle.
Joel Fick, Deputy City Manager, reported the Hotel Development Economic Assistance
Program would give the City the ability to partner in the development of high quality
hotels. He explained hospitality real estate economic consultants recommended
promoting high quality hotel development in the Resort and in the Platinum Triangle as it
would serve to improve the economic strength of both areas and offer higher average
daily rates than the City was currently experiencing. These hotels, he added, typically
did not prove to be financial feasible without aide and under this program, the City would
April 22, 2008
Page 10 of 20
give economic incentives to hotel development that demonstrated the need for
assistance and met certain criteria for afour-star or higher luxury hotel. He further
explained if a project met these requirements, the City would consider funding some
portion of the feasibility gap using incremental transient occupancy tax (TOT). This
incremental TOT available for this incentive, he emphasized, would be the TOT
generated above and beyond the TOT that athree-star hotel would generate and was
tax monies that the City would otherwise not be receiving. As an additional incentive an
agreement must be completed by the end of December 2009 and construction must
begin within 18 months of approval of the agreement. Under the proposed program
incentive payments could be made per project for up to 10-15 years based upon need.
He added there was also a protection provision in the agreement that stated if the
revenues to the project exceeded the amount projected from the original pro forma, a
reassessment would occur and the City could recoup some or the entire TOT.
Council Member Kring pointed out that last year, the hotel industry said it was strong and
rebates or help was not on the table. Mr. Fick responded the hotel consultants
recommended raising the bar with luxury hotels which would raise the room rate
thresholds, but could not be developed without some assistance. Council Member
Galloway remarked she was opposed to subsidy for hotel development especially during
an economic low and that she felt the hotel workers had raised valid points on this issue
earlier.
Mayor Pringle voiced his support in securing four-star properties for the City's future. He
pointed out that at the end of 10 years, the City would have 100 percent of the TOT and
have only given up that increment differential between athree-star and four-star hotel.
Council Member Hernandez also voiced his support stating this was a business decision
and the City could only win with this proposal and make an investment in the future.
Following discussion, Council Member Hernandez moved to approve Item No. 23,
seconded by Council Member Kring. Roll call vote: Ayes - 3: Mayor Pringle and
Council Members Hernandez and Kring. Noes - 1: Council Member Galloway.
Abstention - 1: Council Member Sidhu. Motion Carried.
27. Adopt the Anaheim Sister City Plan introduced at the April 8, 2008 City Council
Dii6 meeting.
Tom Wood, Assistant City Manager, reported at the previous Council meeting Mayor
Pringle had proposed a plan to broaden the existing Sister City relationships and work
towards establishing other partnerships and greater cooperation between the Sister City
Association and the City. That plan, he explained, would create an oversight committee,
establish a selection committee, adopt afive-year plan and honor the Mito relationship.
Council Member Hernandez supported the plan, adding that under priorities for new
sister city relationships, he would like to add Canada, in addition to Mexico and Germany
which had been previously identified.
Council Member Kring moved to approve Item No. 27, seconded by Council Member
Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
April 22, 2008
Page 11 of 20
31. Approve an agreement, in substantial form, with Cooper Notification (Roam
5160 Secure, Inc.) for the Roam Secure Alert Network, in the amount of $79,500, to
provide a community alert message system that will allow residents, businesses
and visitors the ability to receive important notifications from the City via mobile
phones and a-mail.
Tom Wood, Assistant City Manager, explained this item reflected an agreement to
provide a community alert message system that would allow residents, businesses and
visitors the ability to receive important notifications from the City of Anaheim via mobile
phones and email. Participants would have the ability to self-manage the types of
messages they would (ike to receive as well as the way they would receive them. The
messages would alert the community on emergencies, utility interruptions, and traffic
and event impacts and would instantly be available via cell phone, email, fax or other
devices of anyone who wishes to receive them.
Council Member Hernandez asked Mr. Wood to expound on what the City would receive
with this bid. Mr. Wood remarked Roam Secure Alert was a premier firm in this type of
business and had been successfully operating in Washington, DC and the Virginia area.
He added this was afully-hosted system, operating 24/7 and the City would not be
acquiring any equipment.
Council Member Hernandez moved to approve Item No. 31, seconded by Council
Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
33. Waive City Council Policy 4.1 and authorize the City Manager to negotiate and
D1~6 execute an agreement with J.D. Power and Associates, in an amount not to
exceed $125,000, to conduct a Citizen Satisfaction Survey.
Tom Wood, Assistant City Manager, remarked this was an agreement with J.D. Power
and Associates to conduct a citizen satisfaction survey for $125,000. The program
would be designed over the next couple of months and would be conducted during the
summer and include planning, building, law enforcement and public utilities departmental
services. He added the City was a $1.4 billion annual business and this survey would
provide an opportunity to touch base with the customers and insure they were getting
service satisfaction.
Council Member Kring indicated she would not support this expenditure at a time when
departmental budgets were being cut due to economic constraints.
Mayor Pringle moved to approve Item No. 31, seconded by Council Member Sidhu.
Pringle/Sidhu moved to approve. Council Member Hernandez asked when the last
survey had been taken. Mr. Wood responded that he believed surveys were done in the
90's on a limited basis, pointing out this firm would bring credibility to the results and
included tangible processes to determine customer satisfaction and was a more probing
and comprehensive report. Council Member Galloway supported having an independent
agency provide a report card on City services.
Council Member Galloway moved to approve Item No. 33, seconded by Council Member
Hernandez. Roll call vote: Ayes - 4: Mayor Pringle and Council Members: Galloway,
Hernandez and Sidhu. Noes - 1: Council Member Kring. Motion Carried.
April 22, 2008
Page 12 of 20
43. ORDINANCE NO. 6102 (ADOPTION) AN ORDINANCE OF THE CITY
M142 COUNCIL OF CITY OF ANAHEIM adding new Chapter 8.10 to Title 8 of the
Anaheim Municipal Code relating to barking dog violations (Introduced at the
Council meeting of April 8, 2008, Item #34).
Council Member Sidhu voiced his opposition to this ordinance believing some neighbors
could take advantage of the regulation because only one signature was needed and he
did not feel government should be involved in managing barking dogs. Council Member
Kring asked the Orange County Animal Care representative to address an earlier
comment from a resident in Santa Margarita opposed to the regulation. Jennifer Phillips,
Orange County Animal Care, responded that based on the statistics of the program, she
believed it was effective as of the 942 plus complaints, only 70 citations were issued
countywide. She added that due process was offered during the Administrative Hearing,
where both parties were expected to bring adequate evidence to prove their side of the
case. Council Member Kring asked if these hearings were during normal working hours.
Ms. Phillips responded that the dates were scheduled at the time the notice was
provided and were scheduled during normal working hours.
Council Member Hernandez moved to adopt Ordinance No. 6102 of the City of
Anaheim adding new Chapter 8.10 to Title 8 of the Anaheim Municipal Code relating to
barking dog violations, seconded by Mayor Pringle Roll call vote: Ayes - 3; Mayor
Pringle, Council Members: Hernandez and Kring. Noes - 2: Council Members Galloway
and Sidhu. Motion carried.
44. ORDINANCE NO. 6103 (ADOPTION) AN ORDINANCE OF THE CITY
C28o COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Chapter
18.20 of Title 18 of the Anaheim Municipal Code relating to Zoning and
Development Standards (Zoning Code Amendment No. 2007-00056; Introduced
at the Council meeting of April 8, 2008, Item #38).
ORDINANCE NO. 6104 (ADOPTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending the zoning map referred to in
Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No.
2007-00196; Introduced at the Council meeting of April 8, 2008, Item #38).
Sheri Vander Dussen, Planning Director, explained Council had approved the Platinum
Triangle Expansion Project by increasing residential intensity in the Platinum Triangle
from 10,266 units to 18,263, commercial square footage from a little over 2.2 million to
5.65 million square feet and office intensity increased from 5 million to just under 17
million square feet. Council also added 1.5 million of institutional square feet to
accommodate development of the ARTIC station, expanded the boundaries of the
mixed-use district in the Platinum Triangle and made some changes to the Platinum
Triangle Master Land Use Plan and the zoning code to accommodate all of these
changes.
Council Member Hernandez expressed his support of this legislation and moved to
adopt ORDINANCE NO. 6103 OF THE CITY OF ANAHEIM approving an
amendment to Chapter 18.20 of Title 18 of the Anaheim Municipal Code relating to
Zoning and Development Standards (Zoning Code Amendment No. 2007-00056 and
ORDINANCE NO. 6104 OF THE CITY OF ANAHEIM amending the zoning map
April 22, 2008
Page 13 of 20
referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification
No. 2007-00196; seconded by Council Member Kring. Roll call vote: Ayes - 4; Mayor
Pringle, Council Members: Hernandez, Kring and Sidhu. Noes - 1: Council Member
Galloway. Motion Carried.
45. ORDINANCE NO. 6105 (INTRODUCTION) AN ORDINANCE OF THE
D159 CITY COUNCIL OF THE CITY OF ANAHEIM creating an Economic Stimulus
Package for residential development by temporarily superseding the provisions
of various ordinances heretofore adopted relating to the required time of payment
of specified development fees heretofore imposed.
RESOLUTION NO. 2008-050 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM creating an Economic Stimulus Package for
residential development by temporarily superseding the provisions of various
resolutions heretofore adopted relating to the required time of payment of
specified development fees heretofore imposed.
Sherry Vander Dussen, Planning Director, indicated that all City departments involved in
the development of new residential units collaborated to create a program that would
provide incentives effective through June 30, 2010 which would promote the
development, sale and rental of new homes in Anaheim. The new provisions included
allowing development impact fees to be paid when a final inspection or temporary
certificate of occupancy was issued as opposed to having the developer pay those fees
at the time building permits were pulled. Under this proposal, she pointed out, all impact
fees except those related to public safety would be deferred and the City would continue
to collect the fees intended to cover the cost of providing services to review the plans
and inspect the projects. A developer in the Platinum Triangle could defer the payment
of millions of dollars of impact fees for about two years, which was the time it took to
build larger apartment and condominium projects. In addition to the deferral of these
fees, she added, the stimulus package contained measures to provide certainty and to
reduce other costs. The proposal would allow builders to construct units under the
former building code, in certain circumstances, and would also simplify the process to
use materials not specifically authorized by the code. Last week, Ms. Vander Dussen
explained, staff reduced the time frame required to process discretionary approvals from
98 days to 86 days which would also result in some cost savings to developers
processing cases in Anaheim. The City was also proposing to extend the expiration
date of residential plan check and building permit cases for a year and extend the
expiration date of discretionary applications so that if developers did not implement their
projects right away, they would not have to go back through the review process. In
addition to the existing range of incentives to encourage green building, there were also
a number of incentives to encourage the development of affordable housing units. Staff
was also proposing to work with the BIA to come up with a plan to replace development
signs to provide a combination sign to attract buyers to development areas. She added
the hope was for the stimulus package to make Anaheim a more attractive place for
residential development during this economic downturn.
Mayor Pringle was in support of this effort to encourage developers who had projects
already approved to start development without paying certain fees upfront. Council
Member Hernandez expressed his support for the plan and inquired if any other cities
were taking this type of action; Ms. Vander Dussen responded that the City of Orange
April 22, 2008
Page 14 of 20
had also adopted a fee deferral program. Council Members Kring and Galloway
expressed their support in partnering with the business community.
Council Member Sidhu moved to approve introduce ORDINANCE NO. 6105 OF THE
CITY OF ANAHEIM creating an Economic Stimulus Package for residential development
by temporarily superseding the provisions of various ordinances heretofore adopted
relating to the required time of payment of specified development fees heretofore
imposed and to approve RESOLUTION NO. 2008-050 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM creating an Economic Stimulus Package
for residential development by temporarily superseding the provisions of various
resolutions heretofore adopted relating to the required time of payment of specified
development fees heretofore imposed, seconded by Council Member Hernandez. Roll
call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and
Sidhu. Noes - 0. Motion Carried.
PUBLIC HEARINGS:
47. This is a public hearing to determine the public interest and necessity to acquire
P121 and authorize the condemnation of certain real properties for the Kraemer
Boulevard/La Palma Avenue Intersection Improvement Project, for the following
two city locations: (1) 1140 North Kraemer Boulevard (2) 3101 East La Palma
Avenue
RESOLUTION NO. 2008-051 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM determining the public interest and necessity for
acquisition of portions of property located at 1140 North Kraemer Boulevard for
the purposes of the Kraemer Boulevard/La Palma Avenue Intersection
Improvement Project (R/W ACQ 2006-00253).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for
acquisition of portions of property located at 3101 East La Palma Avenue for the
purposes of the Kraemer Boulevard/La Palma Avenue Intersection Improvement
Project (R/W ACQ 2006-00252).
Continued to May 6, 2008.
Mayor Pringle remarked that Council had continued the hearing regarding the property
at 3101 East La Palma Avenue to May 6, 2008 and that this hearing would pertain to the
property at 1140 North Kraemer Boulevard only.
Natalie Meeks, Director of Public Works, reported this item related to the Kraemer
Boulevard and La Palma Avenue Intersection Improvement project. Specifically, this
approval would provide for the addition of one northbound lane, one southbound left turn
lane along Kraemer and one eastbound left turn lane along La Palma Avenue. She
pointed out this intersection was one of the more congested in the City and would
improve access to the 91 freeway at that location. A fair market value offer had been
made on the property, she stated, and the City has been in negotiations with the
property owner but unable to reach a settlement. She explained staff requested Council
adopt the resolution of necessity to allow the City to move forward with the project which
would go out to bid in the fall of 2008. She stated the project was approved with a
negative declaration on September 19, 2006 and staff had been in the design and
April 22, 2008
Page 15 of 20
acquisition process since that time. A letter of comment had been received and
provided to Council and would be made a part of the record.
Mayor Pringle opened the public hearing related to the property located at 1140 North
Kraemer Boulevard. With no speakers offering comment, the hearing was closed.
Council Member Hernandez moved to approve RESOLUTION NO. 2008-051 OF THE
CITY OF ANAHEIM determining the public interest and necessity for acquisition of
portions of property located at 1140 North Kraemer Boulevard for the purposes of the
Kraemer Boulevard/La Palma Avenue Intersection Improvement Project, seconded by
Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members:
Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
48. This is a public hearing to consider the formation of Community Facilities District
T105 No. 08-1 (Platinum Triangle), the levy of special taxes, and the need to incur
bonded indebtedness.
RESOLUTION NO. 2008-052 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM modifying Resolution of Intention and approving
Amended Rate and Method of Apportionment.
RESOLUTION NO. 2008-053 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM of formation of City of Anaheim Community
Facilities District No. 08-1 (Platinum Triangle), authorizing the levy of a special
tax within the District and establishing an appropriations limit for the District,
RESOLUTION NO. 2008-054 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM deeming it necessary to incur bond indebtedness
within City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle).
RESOLUTION NO. 2008-055 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM calling special election for City of Anaheim
Community Facilities District No. 08-1 (Platinum Triangle).
RESOLUTION NO. 2008-056 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM authorizing the execution and delivery of a joint
Community Facilities Agreement.
RESOLUTION NO. 2008-057 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM establishing policies of intent related to fee credit,
facility reimbursement procedures and levy on approved property for the City of
Anaheim Community Facilities District No. 08-1 (Platinum Triangle).
Mayor Pringle opened the public hearing which had been continued from the March 4,
2008 Council meeting related to the formation of the Community Facilities District {CFD),
the levy of special taxes and the need to incur bonded indebtedness. He asked if there
were any property owners or persons registered to vote in CFD No. 08-1 who wished to
file written protest. Receiving no response, the hearing was then opened by Mayor
Pringle.
April 22, 2008
Page 16 of 20
Mark Vukojevic, City Engineer, reported this hearing had been continued from March 4th
for the resolution of formation for the Platinum Triangle CFD. On December 11, staff
had conducted a workshop on this proposal for Council and on January 29, Council then
adopted a resolution of intention for the CFD. He explained that several features and
changes consistent with the economic stimulus package approved earlier this evening
were included. Construction would be phased for taxing of the CFD and several tax
categories had been revised and rates lowered as a result. The capital costs, he pointed
out, were also lowered due to future grant funding and the tax year had been delayed a
full year to the 09/10 calendar tax year. In addition, several of the fees collected for the
Platinum Triangle would be reimbursed upon collection of the first bond sale.
The items for Council's consideration included a resolution of formation that established
the CFD, established the public facilities to be financed and also contained the CFD
report which identified the rate and method for the taxes. In addition, the election date
was set for July 24,' 2008 and there was an agreement with the City of Orange for a joint
CFD agreement as well as a policy resolution stating the intent of the City with regards
to the CFD and bonded indebtedness.
Nicole Jones, 1605 Gene Autry Way, indicated her family was in the wholesale
distribution business at this site with 25 employees, situated in Anaheim for 30 years and
at this location for the last 16 years. They objected to the levy of special taxes stating it
was their position that the property they owned had been already been utilizing all of the
services planned for construction in the CFD. She added the special tax should not be
used to supplant existing services. She explained that written correspondence with the
Public Works Department did result in a reduction of the special tax amount as the City
concurred that the improvements which added infrastructure capacity to support
increased densities did not significantly benefit existing uses in the area. After that
reduction, her business would be assessed $5,671 per year which would mean her
company must make over $100,000 in sales every year to pay for it. She pointed out the
existing utilities, landscaping and street lighting were adequate for their business and
that her type of business would not receive any benefit from fancier street lights or flower
plantings. She stated fire service and storm drainage service were adequate and were
only needed to address infrastructure capacity resulting from the new development. Ms.
Jones requested Council consider exempting existing properties from the CFD.
With no other public comments offered, Mayor Pringle stated Council was required to
modify the resolution of intention at this time. Mr. White, City Attorney, explained that
due to an anomaly in the California statute, it was necessary to consider the adoption of
a resolution modifying the resolution of intention and approving the amended rate and
method of apportionment before the public hearing was closed. The balance of the
actions to be considered by Council could then be taken after closing the public hearing.
Mayor Pringle moved to approve RESOLUTION NO. 2008-052 OF THE CITY OF
ANAHEIM modifying the Resolution of Intention and approving Amended Rate and
Method of Apportionment, seconded by Council Member Sidhu. Roll call vote: Ayes - 5;
Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
Motion Carried.
Mayor Pringle then closed the public hearing. Council Member Kring remarked she
would personally like to see no fees paid by those individuals already doing business in
the area. Mayor Pringle asked how many acres were in the CFD with existing properties
and Ms. Meeks responded there were 100 acres although she did not have the numbers
April 22, 2008
Page 17 of 20
of existing businesses. Discussion was held regarding the benefits property owners
would receive through the CFD. Mayor Pringle pointed out the Jones property would
benefit by being located on a street that would now have access from both sides due to
the new bridge over the freeway. He added this was an issue staff worked on at some
length to get the overall cost down and sought additional funding on major projects to
reduce those costs and he was comfortable submitting this to the property owners for a
vote. Ms. Meeks stated that the formation of the CFD allowed the City to sell bonds
which permitted a comprehensive program of infrastructure and a method to repay that
debt. She added if the revenue to pay the debt was not in place, the bonds would not be
sold to implement the CFD.
Council Member Sidhu moved to approve: 1) RESOLUTION NO. 2008-053 OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM of formation of City of Anaheim
Community Facilities District No. 08-1 (Platinum Triangle), authorizing the levy of a
special tax within the District and establishing an appropriations limit for the District, 2)
RESOLUTION NO. 2008-054 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
deeming it necessary to incur bond indebtedness within City of Anaheim Community
Facilities District No. 08-1 {Platinum Triangle), 3) RESOLUTION NO. 2008-055 OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM calling a special election for City of
Anaheim Community Facilities District No. 08-1 (Platinum Triangle), 4) RESOLUTION
NO. 2008-056 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the
execution and delivery of a joint Community Facilities Agreement and 5) RESOLUTION
NO. 2008-057 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing
policies of intent related to fee credit, facility reimbursement procedures and levy on
approved property for the City of Anaheim Community Facilities District No. 08-1
(Platinum Triangle), seconded by Council Member Galloway. .
Council Member Kring remarked she would have preferred to cull out those 100 acres,
and lessen the amount of fees existing businesses would be required to pay. Council
Member Hernandez remarked that the benefit the Jones property owners would receive
would only be gained if she sold her property, pointing out he did not see a resolution to
her concerns and asked Ms. Meeks if there was any other mitigation available. Ms.
Meeks responded the team had worked hard to come up with a plan that would allow the
City to plan the improvements needed and to spread those costs fairly among the
existing properties. She added the team had gone through many scenarios to spread
the costs in the fairest way and make the program work.
Mayor Pringle briefly recessed the meeting and upon returning roll call was taken.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring
and Sidhu. Noes - 0. Motion Carried.
49. CEQA EIR NO.2007-061057 (CITY OF ANAHEIM EIR NO. 2008-00338) AND
33o MITIGATION MONITORING PLAN NO. 151 (NONE CANYON WATER
5161 STORAGE TANK PROJECT)
OWNER: City of Anaheim, 200 South Anaheim Boulevard, Anaheim CA 92805
AGENT: City of Anaheim -Public Utilities Department, 201 South Anaheim
Boulevard, Anaheim, CA 92805
LOCATION: 770 South Nohl Canyon Road: Property is approximately 21.2
acres, and is accessed from the terminus of Nohl Canyon Road.
Environmental Impact Report No. 2007-061057- Request for certification of
April 22, 2008
Page 18 of 20
Environmental Impact Report No. 2007-061057, including adoption of a
Statement of Findings of Fact, and Mitigation Monitoring Plan No. 151 for the
Nohl Canyon Water Storage Tank Project (Project). EIR No. 2007-061057 has
been prepared to serve as the primary environmental document for this Capital
Improvement Project and subsequent actions related to implementation of the
Project. Implementation is intended to include, but not be limited to, the approval
of an agreement to reimburse the Orange Unified School District of the design
and construction costs in an amount not to exceed $150,000, for a parking lot
extension at the Nohl Canyon Elementary School, and other related actions for
the Nohl Canyon Water Storage Tank project.
ACTION TAKEN BY THE PUBLIC UTILITIES BOARD:
VOTE: 6-0 (Absent: Commissioner Peltzer) Recommended City Council certify
EIR No. 2007-061057, adopt Findings of Fact in connection therewith, adopt
Mitigation Monitoring Plan No. 151, and related items set forth in the staff report
as presented (Public Utilities Board meeting of December 6, 2007).
RESOLUTION NO. 2008-058 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM (i) certifying Final Environmental Impact Report No.
2007-061057, (ii) adopting Findings of Fact in connection therewith, and (iii)
adopting Mitigation Monitoring Plan No. 151.
MOTION: K/H Approve the Reimbursement Agreement with the Orange
Unified School District, in an amount not to exceed $150,000, for the design and
construction costs of a parking lot extension at the Nohl Canyon Elementary
School as a mitigation measure of the Environmental Impact Report for the
proposed Nohl Canyon Water Storage Tank Project and authorize the Public
Utilities General Manager to execute the Agreement and any other related
documents necessary to implement the Agreement (Approval of this agreement
is contingent on approval of the related resolution)
Marcie Edwards, Public Utilities General Manager introduced her staff and consultants
and indicated the action for Council's consideration was to certify the Environmental
Impact Report (EIR) for the Nohl Canyon project. She stated the City had been
committed to rehabilitation and replacing aging infrastructure built 40 to 50 years ago
and this proposed project was a new 10 million gallon water storage tank replacing the
Olive Hills water reservoir. The project also included re-grading of the slopes around the
site to repair minor erosion and insure stability and contained landscaping to improve the
aesthetics of the site. The site was located in the Anaheim Hills and Canyon area up the
Old Ranch Road to the 55 freeway. It was important to the City as it provided water by
gravity to much of central and west Anaheim and provided stored water for high water
use days in the summer and for emergency needs.
She explained the City chose, although there were not required, to prepare a full
environmental impact report because of the proximity to homes and a school to insure
the environmental and community impacts were fully identified and addressed. A draft
EIR had been completed and circulated for public review and comment and formal
responses to comments had been included in the Final EIR. She noted the Public
Utilities Board had also reviewed this project as well as the EIR and unanimously voted
to recommend certification.
April 22, 2008
Page 19 of 20
Ms. Edwards detailed the extensive public involvement and comment process that had
occurred. Over the past years, staff conducted dozens of meetings with residents and
community groups around the project site, held small community meetings with the four
neighborhoods around the site and also met with the boards of the homeowners
association. Extensive feedback was received from the community during this process
and the design had been modified as well as mitigation measures incorporated where
appropriate. She indicated there were some homeowners who declined to meet with
staff; however they were advised that project information was available via the Internet
and staff urged them to provide any input.
She explained potential impacts from the project to nearby homes and schools were
carefully analyzed during the EIR, including traffic volume, noise, dust, vibration and
vector control. Based on these analyses and input from the community, the best
possible mitigations were identified and incorporated into the project design and she
explained some of those mitigation measures. She pointed out a committee of nearby
residents had been formed to help design site aesthetics and more than 200 trees plus
additional shrubs and groundcover would be planted at the site.
Ms. Edwards added that staff had received an email last Wednesday from one of the
property owners who requested clarification on a few of the City's responses, which was
included in the final EIR. The project manager, Bill Moorhead, met with the homeowner
twice since receiving the email and believed the issues were clarified.
She ended her presentation stating the water storage tank was a much needed and
environmentally responsible improvement to Anaheim's water system, replaced an out-
of- service aging storage facility and would provide the community with reliable water
service for decades to come and recommended Council certify the EIR.
Mayor Pringle opened the public hearing.
Bruce Pilkington, Nohl Canyon Road, understood the value of the project and that it
would be approved. He made a lengthy presentation outlining his concerns regarding
traffic, noise, dust, exhaust fumes, vibrations and safety issues from overhanging utility
wires and unmaintained trees on the site. He expressed his concerns from a structural
standpoint, stating that vibrations would impact his second story addition. He reported
that he retained a structural engineer to document his home and protect his value,
pointing out that if any damage was caused to his home during the next three years of
construction, he would look to the City.
Stan Gold, Lakeview Drive in the City of Orange, had two issues; the first was the
statement in the EIR that the south wall could come within 10 feet of the property line.
While he reported that staff said it would not happen, he emphasized, the EIR reflected
that statement and he was concerned that large tractors would cause vibration to his
nearby home and subsequent damage. The second concern was using the
reconstituted asphalt as fill if the fill was not covered and toxic airborne particles from
that grinded asphalt could impact the neighborhood's air quality and cause health
concerns. Mayor Pringle confirmed through staff that the reconstituted asphalt would be
covered by dirt from other portions of the site.
April 22, 2008
Page 20 of 20
Charles Roy, nearby resident, felt Mr. Moorhead had resolved six items of concern he
had shared and that the design team had come up with the best possible plan for the
site.
Jerry Weinick, Vista Heights, explained his home was sandwiched between two slide
areas and he was concerned for the unknown problems which could arise from this
construction. He felt the city should levy a special assessment of $300 to Anaheim
residents using the new facility and to place it in a fund to be used for any homeowners
needing repairs or remediation because of the construction.
Mayor Pringle closed the hearing stating he understood there would be some impacts to
the neighbors although he believed the City demonstrated through open communication,
their responsive to neighborhood concerns.
Council Member Kring moved to approve RESOLUTION NO. 2008-058 OF THE CITY
OF ANAHEIM (i} certifying Final Environmental Impact Report No. 2007-061057, (ii)
adopting Findings of Fact in connection therewith, and (iii) adopting Mitigation Monitoring
Plan No. 151 and to approve the Reimbursement Agreement with the Orange Unified
School District, in an amount not to exceed $150,000, for the design and construction
costs of a parking lot extension at the Nohl Canyon Elementary School as a mitigation
measure of the Environmental Impact Report for the proposed Nohl Canyon Water
Storage Tank Project and authorize the Public Utilities General Manager to execute the
Agreement and any other related documents necessary to implement the Agreement,
seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle,
Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried
Council Communications:
Council Member Hernandez reported on the passing of Anaheim retired employees.
Council Member Galloway commented on Youth in Government Day and the
groundbreaking of the Diamond Affordable Housing Project, thanking everyone involved
for approving the project. Council Member Kring also reported on Youth in Government
Day and congratulated the Anaheim Ducks on their season. Council Member Sidhu
commented on the various events taking place in the City, from Youth in Government
Day, Earth Day and Green Ribbon Week to the 37th Annual Cinco De Mayo celebration,
taking place on May 1St
Mayor Pringle announced 49 students were selected to receive laptops and two years of
free Internet access from the Mayor's Tech Scholar Program and would be introduced at
the May 13th City Council meeting. Mayor Pringle also reported on the Transportation
Enhancement Legislation, AB 3034 (the allocation for California High Speed Rails and
the OCTA Go Local Program.
Adjournment:At 9:40 P.M., Mayor Pringle adjourned the April 22, 2008 City Council
meeting.
Re ec ully sub fitted,
Linda N. Andal, City Clerk