2008/09/30ANAHEIM CITY COUNCIL
REGULAR MEETING OF SEPTEMBER 30, 2008
The regular meeting of September 30, 2008 was called to order at 3:09 P.M, in the
Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the
agenda was posted on September 26, 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 - MY BALLOT PROGRAM UPDATE: Linda Andal, City Clerk, explained
the workshop was in response to Council's interest to engage in new outreach initiatives
to increase Anaheim's voter participation. She reported the 3-Step My Ballot Program
for Council's consideration had been developed by Neal Kelley, Orange County
Registrar of Voters, to specifically target high school students and introduced Mr. Kelly to
summarize the details of the program.
Mr. Kelley began his presentation with general and specific election information.
Related to registered voters, Mr. Kelley stated Orange County was the fifth largest
county in the nation with Los Angeles County, Cook County, Illinois, Harris County,
Texas and Maricopa County, Arizona being larger. He pointed out registration was up
by 120,000, with 3,000 registering per day for the November election. The breakdown of
registration in the county showed 45 percent Republican, 31 percent Democratic, with
those numbers shifting as more and more voters elected "Decline to State". The total
registration was 1.5 million, he noted, up 15 percent from the 2004 election and the
anticipation was for a strong turnout in November. Specific to the City of Anaheim,
registered voters reflected 58,000 Republicans, 50,000 Democrats and 26,000 Decline
to State for a total of 138,000 registered voters in the City. He added the turnout for the
2008 February presidential primary was 42.4 percent for Anaheim versus the countywide
average of 48.7 percent.
Mr. Kelley indicated the sample ballot mailing began on September 25, 2008 and
registration would close at midnight on October 20, 2008. In addition, early voting
machines would be provided on October 19 in some areas and on October 20th, at
Anaheim City Hall for voters who would not be available on November 4th and preferred
voting by machine rather than vote by mail ballots. He added that 84 percent of eligible
Orange County voters were registered versus a statewide figure of 70 percent.
Discussing the My Ballot Program, Mr. Kelly stated the two reasons the program was
developed was to increase younger voter participation and interest in the election
process and to find replacement poll workers as current workers retired out of the
system. He commented that once volunteers participated as poll workers, they tended
to return year after year. This program, he emphasized, was developed to target young
voters and the introduction of this program into Anaheim schools was a collaborative
effort between the City Clerk's Office, the school district and the County Registrar's
office. He reported that the first component of the program, the educational component
City Council Minutes of September 30, 2008
Page2of15
had been completed where an in-class lesson on the democratic and election process
was presented to ASB students. He explained that the second component would be met
on October 3; the ASB students would visit the County Registrar and build an intricate
ballot, to include their Homecoming primary election and Presidential mock election,
insuring the voting targets and bar codes are correctly placed to be used on an
electronic voting device, to be located in their school on October 10 (3~d component).
Additionally, the students would tally the results and certify the election as well. He
remarked the program had been successfully launched in May and would be conducted
in the same manner for students at Anaheim High School, emphasizing the education
process encouraged early interest in elections.
Council Members Kring and Galloway voiced their support in getting this generation
familiar with and involved in voting at an early age.
Mayor Pringle added his thanks to staff and Mr. Kelley and suggested staff work with the
County to allow easy access to Mr. Kelley's presentation and the election results on the
City's website.
WORKSHOP -MAGNOLIA SCHOOL DISTRICT (MSD UPDATE:
Dr. Ellen Curtain, Superintendent, provided a demographic breakdown of the Magnolia
School District. She reported 69 percent of students were Hispanic, 12 percent Asian,
four percent African American, 12 percent white and three percent Philippine. Of those
elementary students, 58 percent were English learners (students whose primary
language was not English), 28 percent English, and 14 percent who were English fluent
when entering schools.
Tim McClellan, Human Resources, remarked the district's top priority was to support
student learning. There were 6,300 students served in nine elementary schools, each
averaging about 700 students. Currently, he reported, five of the nine schools were on a
traditional calendar schedule, and four were on a single-track calendar schedule and as
they looked to improve instructional delivery and maximize resources, all schools would
be on a common, mostly traditional calendar. He emphasized the district had 240 fully
qualified credentialed teachers with both experience and education.
Dan Koppel, Assistant Superintendent of Student Learning, pointed out the various
awards the district schools and staff had received. Two schools, Low and Baden-
Powell, were recognized as 2008 California Distinguished Schools, joining three
previously honored schools, one a Nationally Distinguished School. Baden-Powell was
also named as a 2008 Title I Academic Achievement School, with Maxwell School
receiving Honorable Mention, joining former honorees Marshall and Pyle's Schools.
Jeanie Campbell, Early Childhood Education Services, reported the District made huge
progress in the last four years with a preschool on every campus for three to four year
old children funded through a partnership with Orange County. She added their goal
was to have 100 percent of all incoming kindergarteners participating in this free
readiness to enter kindergarten program. She added all teachers were qualified to work
with students, and there were three full time nurses able to provide annual screening to
all four year olds, which included hearing, vision, health assessments and help with
obesity rates as well as education to parents. She indicated three of the campuses had
City Council Minutes of September 30, 2008
Page 3 of 15
Head Start programs which helped to open up the language communications and bring
other resources and support to the community. Council Member Sidhu inquired how
many kindergarteners attended school in the district. Ms. Campbell responded there
were about 900 kindergarteners entering school each year and there were currently
approximately 700 students in pre-school. She added there were 32 staff members, not
including Head Start staff which had a staff of approximately 45.
Michael Carter, Assistant Superintendent, remarked that for the past 15 years staff and
parents were surveyed to gauge the feeling of parents in relation to the services
provided to the students. He discussed the various programs available such as the
Anaheim Choose Program, an after school program which targeted children in grades K
to 6th, the School readiness programs, GRIP which had begun last year and focused on
gang diversion and awareness in the community, Teen Go, a mentoring program with
older kids and parents and business leaders and a community based English tutoring
program which provided English classes for parents to enable them to better work with
their children in the academic arena. All of these programs, he emphasized, had great
success in the community.
He discussed the academic performance index, API, in which eight out of nine schools
met state requirements and the Adequate Yearly Progress (AYP) which measured
proficiency levels based on state testing and the challenges involved in meeting
proficiency levels for all subgroups. Dr. Curtain added that one of the challenging areas
was in dealing with the English learner issue when students were not able to read
academic language in science and social studies. The District had an immersion
program and classrooms with instructional aides to offer language support. He added all
of the teachers had gone through intensive training on how to support English learners in
the class room.
Dr. Curtain then introduced Bill Bailey, principal of Maxwell School,Eric Garwick, a tech
specialist from anon-profit initiative and Boeing partnership and the 4th and 5th grade
students who would demonstrate the Mind Institute software math program to Council.
He explained that the program provided for high math concepts to students which did not
require a strong English base. After the demonstration, Mayor Pringle inquired how
many of the district schools participated in the Mind Institute program. Dr. Curtain
responded that seven out of the nine schools participated; two did not quality due to the
status of their performance. Mayor Pringle suggested encouraging the Mind Institute to
use all nine schools as a model district in participating in this program. He added that in
October, the City hosted a gift of history program where every 3~d grader in the City
would receive Anaheim's history book at the Anaheim Convention Center on the 6m
welcoming Magnolia School District to join and participate.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
At 4:10 P.M., Mayor Pringle adjourned to closed session for consideration of the
following items:
City Council Minutes of September 30, 2008
Page 4 of 15
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Orange County Communities Organized for Responsible
Development v. City of Anaheim, Orange County Superior Court Case No. 30-
2008-00103422; Orange County Communities Organized for Responsible
Development and Citizens for Responsible Equitable Environmental
Development v. City of Anaheim, Orange County Superior Court Case No. 30-
2008-00106314.
At 5:18 P.M., Mayor Pringle reconvened Council session.
Invocation: Chaplain Jimmy Gaston, Anaheim Police Department
Flag Salute: Council Member Lorri Galloway
Presentations: Recognizing KPMG and the Volunteer Center for their service to the
community
Mayor Pringle thanked Mark Thomas, KPMG representative and the Volunteer Center
for the time, effort and support provided by 1,000 volunteers in the cleanup of Anaheim
Coves (Burris Pit area on August 7"'). Mayor Pringle introduced Dean Gross of the
Rivers, Mountains and Conservancy Commission, who presented a check for $2.5
million towards Burris Pit improvements and informed the community on the Burris Pit
improvement plans.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming October 5-11, 2008 as Fire Prevention Week
Fire Chief Roger Smith accepted the proclamation and invited the community to open
house at certain fire stations on October 11'h to visit and receive information on
preventing home fires, the theme for this year's Fire Prevention Week.
Proclaiming October 5-11, 2008 as Public Power Week
Mariann Long, AGM, Utilities Department, accepted the proclamation, remarking the
Department would celebrate Public Power Week at the Farmer's Market on Thursday,
October 9'h and invited the community to participate.
City Treasurer Update
Mayor Pringle requested the City Treasurer address the City's fiscal status given the
economic concerns now facing the nation.
Henry Stern, City Treasurer, reported Anaheim's focus was on safety, liquidity and in
securing the City's funds. He explained, the California Government Code and the City
Investment Policy prohibited the City from buying equities, emphasizing no stocks or
equities were in the City's portfolio. As of this date, he stated the portfolio was
approximately $406 million in total, with approximately $27 million in AAA rated treasury
City Council Minutes of September 30, 2008
Page 5 of 15
issues, $219 million in federal agencies or government sponsored enterprises also rated
AAA (Fannie Mae, Freddie Mac, Farm Credits and Federal Home Loans). In recent
months, he added, the government implicitly guaranteed Freddie Mac and Fannie Mae,
and doubts about their solvency for their senior unsecured debt was no longer a valid
issue and were considered safe investments for the City. The portfolio also contained
$81 million in commercial paper, in names that were Al/P1, the highest rating for short
term debt and four issues of medium term corporate notes in the amount of $20 million.
Two of them, he added were rated AAA and two were rated A+. One was a US
Treasury money market, which used to be commercial paper, but last December was
transferred to US Treasury for safety and liquidity purposes. The remaining $29 million
was invested with the State in the Local Agency Investment Fund. He emphasized 98
percent of the total portfolio funds had a AAA rating and the two single rated funds
invested in medium term notes were with Target Corporation for $5 million maturing in
June, 2009 and $5 million in American Honda maturing in April of 2013, both with an A+
rating.
Mr. Stern indicated the City had strong internal control and he monitored the investments
on a daily basis. He added that on July 7th, Standard & Poor's (S&P) graded Anaheim's
investment portfolio AAA by their credit criteria standards which meant Anaheim had a
nationally recognized outside third party to validate its rating. One of the requirements
was to share the portfolio on a monthly basis with S&P to monitor and maintain
Anaheim's credit quality. On the liquidity side, the City had access to $59 million on an
overnight basis, which was 14 percent of the portfolio and had access to an additional
$56 million within 30 days, another 14 percent. Internally, he pointed out, the City had
access to over $114 million within 30 days if needed and more than adequate funds to
support any expenditure or budgeted appropriation for the City.
In addition to safety and liquidity yield, he remarked the department also sought a return
on the portfolio which was currently producing 3.49 percent, above the market at this
point. He anticipated yields on short term treasuries to rise when the market began to
stabilize.
Referencing concerns regarding financial institutions, Mr. Stern explained Bear Stearns
had been purchased by J.P. Morgan, Lehman Brothers entered bankruptcy, Merrill
Lynch was bought by Bank of America, Washington Mutual was acquired by J.P.
Morgan and Wachovia had been purchased by Citibank, stressing that the City did not
and had not had any holdings in those firms. He added Anaheim did hold commercial
paper in Bank of America, totaling $11 million, two commercial paper pieces from
Credential Funding, one GE commercial paper piece that was $8 million and also owned
two commercial papers from Toyota Credit, one from Chevron, one from IBM and one
from American Honda for a total of $81 million in commercial paper, all high grade,
Al/P1+.
He ended his presentation stating it was prudent to stay the course and remain calm as
Anaheim's investments were safe. Council Member Hernandez remarked this fiscal
policy and investment attitude had been in place for some time and was a tribute to city
administration staff.
At 5:41 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and
Anaheim Housing Authority (in joint session with the Anaheim City Council).
City Council Minutes of September 30, 2008
Page 6 of 15
ADDITIONS/DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all items except public hearing):
William Fitzgerald, resident, expressed concern over the City's inaction to impacts
caused by Disneyland fireworks as well as complaints regarding the use of Anaheim
Angel tickets.
Damon Riddle introduced his family and spoke of winning the Anaheim Home Energy
makeover contest. He remarked the project was now completed and his family lived in a
more comfortable, efficient home with lower utility bills, thanks to the Public Utilities
Department.
Cheryl Toole, resident, remarked she had attended a neighborhood meeting regarding
concerns over development of the property located at 662 Velare Street. She
emphasized neighboring residents had made it clear they were opposed to impacts from
overcrowding, overflow parking, traffic, noise, graffiti and increased crime.
Jacquelyn Huntington, resident, also attended that same meeting, stating she felt the
City was morally obligated to hold a hearing on this type of construction that would
impact single family neighborhoods even if it was not legally required to do so.
Carla Likus, resident, opposed the Velare Street affordable housing project, stated the
street could not accommodate athree-story apartment complex.
Nathan Zug, resident, opposed the development of the apartment complex on Velare
Street and appealed to the City Council to reconsider the project and to allow citizens to
participate in the process.
Mayor Pringle remarked the Velare Street affordable housing project was being
developed per City Code and had not been required to have the approval of the
Planning Commission or the City Council and that through certain codes, the landowner
had the ability to develop his property as a three-story apartment complex. He also
recognized that the neighbors were asking for a public hearing to insure the landowner
should not be able to build to that level of density however, pointing out the challenges
associated with that premise as the City did not have the ability to deny this property
owner his rights.
Nathan Zug, resident, remarked the developer had stated he could make the project
more palatable to the neighbors and asked for Council's influence to find the best
possible solution with input from the surrounding neighbors, possibly lessening the
density to two stories.
Tracy Fullman, resident, asked if there could be a reconsideration to downgrade the size
of the project to two stories.
Rita Prather, resident, remarked that Velare Street area had slowly changed into a
multiple family housing area and she felt the single family residents were being
victimized by adding a three story apartment complex to an already overcrowded
neighborhood.
City Council Minutes of September 30, 2008
Page7of15
Dana Nguyen, resident of a nearby City park, reported concerns from strangers and/or
students who she believed used a fence, owned by the city, to jump over and go through
her back yard and upsetting her tenant. Mayor Pringle requested Captain Craig Hunter
and Terry Lowe, Community Services Director, discuss those concerns with Ms. Nguyen
to find a solution.
Cory Lane, resident, asked why the City scheduled street construction on street
sweeping days, remarking he had received and paid for a citation because he was not
allowed to park in his driveway nor on his street during construction. After some
discussion with Mr. Lane and with Natalie Meeks, Public Works Director, Mayor Pringle
remarked there was an item on the agenda dealing with street sweeping and it would be
appropriate to expand that discussion to include street construction impacts at that time.
Michael Baker, Boys and Girls Club of Anaheim, thanked Council for the use of land
behind the club's existing facility, remarking the 8'h annual kids day celebration had been
held there with 169 youths and their parents participating.
Esther Wallace, WAND, opposed the three story apartment complex planned for Velare
Street, noting that the quality of life as well as the value of single residential homes in
that area would be significantly impacted.
Carrie Gallagher, Orange County Community Benefits Coalition, thanked Council for the
decision to halt development in the Platinum Triangle and to go back to the drawing
board on development plans. She spoke of the Coalition's desire to communicate and
be part of the discussion on future plans for the Platinum Triangle. Mayor Pringle
responded that Ms. Gatlagher's reference was to the proposal to increase density in
certain areas of the Platinum Triangle and Council's direction to staff to redraft those
expansion guidelines.
Caesar Covarrubias, Kennedy Commission, remarked this redrafting would provide an
opportunity to consider smart growth for the Triangle and an exchange of ideas in
making a socially and economically viable community.
Ezekiel Gutierrez, Public Law Center, spoke of proposed landmark legislation linking
housing and transportation planning to decrease negative impacts on the environment.
Mayor Pringle remarked that he and many others opposed SB 375 as it shifted planning
away from local government to regional governments, commenting that he had just been
made aware that the Governor had approved the bill.
Eric Altman, stated the Orange County Benefits Coalition had formally decided to
commend the Council for their decision to reconsider the planning process for the
Platinum Triangle expansion and urged them to follow the principles of smart growth and
responsible development and that input from the Coalition be considered during the
planning process.
Charles Epson, Global Community Development, extended his apologies for not meeting
with the community earlier on the Valere Street project. He added that staff had spent
numerous hours in consideration of the adjacent single family homes and that he would
continue to meet before and after this project moved forward to take the neighbor's
concerns into consideration and make the project more manageable. Based on
comments from that community meeting, Mr. Epson remarked a number of measures
could be used such as raising the perimeter fencing, adding more landscaping to shield
City Council Minutes of September 30, 2008
Page 8 of 15
properties, consider fogging upper story glass windows and installing lever windows
rather than vertical. In terms of traffic, the developer could restrict the number of
vehicles allowable on the site and assign parking. He added this was not the first project
Global Community Development had built in Anaheim, pointing to the Broadway Village,
the first green apartment complex to be built in Anaheim which was 95 percent
completed.
Mayor Pringle inquired if Mr. Epson would consider a redesign of the site with Mr. Epson
responding that at this point, he was locked into the number of units because the project
had been allocated an amount by the State. Elisa Stipkovich, Director of Community
Development, concurred that the site plan could be revised; however, eliminating the
number of units would be a problem as State tax credits were awarded per the number
of units on the site. Mr. Epson added with acceptance of the tax credits, the developer
had an obligation to pull building permits within 150 days of the award (November 17,
2008) and if that deadline was not met, the tax credits would be forfeited.
Mayor Pringle asked Mr. Epson if he would be interested in having a discussion
regarding modification of the site plan, if the Mayor called the State Treasurer to see if
there was more flexibility in that deadline. Mr. Epson agreed to that discussion as long
as the tax credits would not be forfeited due to the cut-off date. Mayor Pringle thanked
Mr. Epson for his generosity.
At 7:06, Chairman Pringle recessed the City Council session to consider the
Redevelopment Agency and Housing Authority agendas, reconvening Council session at
7:12 P.M.
CONSENT CALENDAR: Council Member Galloway removed Item No. 19 from the
consent calendar and Mayor Pringle removed Item No's. 20, 26 and 27. Council Member
Sidhu moved to waive reading in full of all ordinances and resolutions and 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 Kring. Roll Call vote: Ayes - 5; Mayor Pringle,
Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
5. Receive and file minutes of the Cultural and Heritage Commission meetings of
B105 April 28, 2008 and May 27, 2008; Senior Citizen Commission meetings of May 8,
2008, June 12, 2008 and July 10, 2008; Community Services Board meetings of
May 8, 2008, June 12, 2008, July 10, 2008 and August 14, 2008; Public Utilities
Board meeting of August 4, 2008; and Housing and Community Development
Commission meeting of September 3, 2008.
6. 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.
7. Approve the Investment Portfolio Report for the months of July 2008 and August
D117 2008.
City Council Minutes of September 30, 2008
Page9of15
8. Approve expenditure re-appropriations from fiscal year 2007/08 to fiscal year
D128 2008/09 for projects previously approved by the City Council but not yet
completed.
9. Award the contract to the lowest responsible bidder, CSI Electrical Contractors,
5334 Inc., in the amount of $256,880, for the La Palma Avenue Intelligent
Transportation System Improvement Project Phase III (Chantilly Street to Tustin
Avenue) and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions.
10. Award the contract to the lowest responsible bidder, Steiny and Company, Inc.,
5335 in the amount of $90,143, for the La Palma Avenue Intelligent Transportation
System Improvement Phase IV (Tustin Avenue to Chrisden Street) and authorize
the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
11. Award the contract to the lowest responsible bidder, Vasilj Construction
5336 Company, Inc., in the amount of $1,260,352.50, for the Citywide Sanitary Sewer
System Repair and Rehabilitation Program, Group I, Phase II and authorize the
Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
12. Award the contract to the lowest responsible bidder, Vasilj, Inc, in the amount of
5337 $905,300, for the Citywide Sanitary Sewer Improvement Program/Projects,
Group 3 Lincoln Avenue Phase IV project and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions.
13. Accept the bid of Parkhouse Tire, Inc., in an amount not to exceed $164,000, for
D180 the purchase of tires and tubes for Public Works for aone-year period with four
one-year renewal options and authorize the Purchasing Agent to exercise the
renewal options, in accordance with Bid #7137.
14. Accept the bid and approve an agreement with Andy Frain Services, in the
D180 amount of $484,411.08, for security guard services for a period of one-year with
four one-year renewal options and authorize the Purchasing Agent to exercise
the renewal options, in accordance with Bid # 7132.
15. Authorize the sale of two surplus electric transformers, waive the public notice
D180 and appraisal requirements of Section 1222 of the City Charter, authorizing the
use of electronic marketing and Internet auction for the solicitation of bids,
authorize the Purchasing Agent to negotiate the sale at a fair market price and
authorize the Public Utilities General Manager to accept the bids or negotiated
sales price on behalf of the City.
16. Approve a License Agreement with Western Youth Services for the continued
B105 use of Manzanita Park Family Resource Center as administrative offices and
program space as part of the County of Orange Social Services grant program.
17. Approve the on-call professional engineering services agreements with AAE,
5339 - 5348 Inc., AKM Consulting Engineers, Harris & Associates, Joseph Truxaw and
Associates, Inc., KFM Engineering, Inc., Merit Civil Engineering, Inc., PENCO
City Council Minutes of September 30, 2008
Page 10 of 15
Engineering, Inc., PSOMAS, RBF Consulting, Inc., and WILLDAN Engineering
for citywide miscellaneous civil engineering services for athree-year term with
the option to renew each for a period of two additional years, at the sole
discretion of the Director of Public Works.
18. Approve an amendment to a lease agreement with Gabriel Porras for a base
3990.1 monthly rent increase from $1,550 to $1,650, for warehouse space utilized for the
storage of property and evidence.
21. Determine, on the basis of the evidence submitted by Walt Disney World
1516 Company, that the property owner has complied in good faith with the terms and
conditions of Development Agreement No. 96-01 for the 2007-2008 review
period.
22. RESOLUTION NO. 2008-166 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
Anaheim certain real properties or interests therein (City Deed Nos. 11184,
11185, 11186, 11187, 11189).
23. ORDINANCE NO. 6112 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Subsection .010 of Section 18.46.055 of Chapter 18.46 of
Title 18 of the Anaheim Municipal Code (Related to standards for the use of
artificial turf; Introduced at meeting of September 16, 2008, Item No. 48).
24. ORDINANCE NO. 6113 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending sections 14.32.320, 14.32.510, 14.32.520, and 14.32.530 of
Chapter 14.32 of Title 14 of the Anaheim Municipal Code relating to parking
citations (Introduced at meeting of September 16, 2008, Item No. 49).
25. ORDINANCE NO. 6114 (INTRODUCTION) AN ORDINANCE OF THE CITY
C280 OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim
Municipal Code relating to Zoning (Reclassification No. 2008-00216; 752-770
North East Street).
28. Approve minutes of the Council meetings of September 16, 2008.
END OF CONSENT CALENDAR
19. Approve the attorney services agreement with Burke, Williams & Sorensen to
5338 provide legal services on an as-needed basis.
Jack White, City Attorney, reported occasionally the department employed outside
attorneys to handle personnel matters for either conflict of interest issues or beyond the
department's expertise. In this instance, he stated, the firm employed in the past had
merged with the firm of Burke, Williams and Sorenson which was whey this agreement
was before Council. He added there were no other changes contained in the
agreement.
Council Member Galloway moved to approve Item No. 19, seconded by Council Member
Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
City Council Minutes of September 30, 2008
Page 11 of 15
20. Authorize the Director of Public Works to cease street sweeping services on
D175 holidays.
Mayor Pringle stated the City had a policy not to ticket for street sweeping violations
during holidays but that a concern had been raised over whether it was wise to pay time
and a half for street sweeping during holidays when most people were home and cars
remained in the street. In addition, he wished to consider no ticketing around
neighborhoods when street access was restricted due to City street construction
projects. After some discussion, City Attorney Jack White suggested communication
concerning ticketing and construction be agendized on a future date to allow for
separate action.
Mayor Pringle moved to approve Item No. 20 and to bring back a policy relating to street
sweeping during construction in neighborhoods, seconded by Council Member Sidhu.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring
and Sidhu. Noes - 0. Motion Carried.
26. ORDINANCE NO. 6115 (INTRODUCTION) AN ORDINANCE OF THE CITY
C280 OF ANAHEIM amending various Chapters of Title 18 of the Anaheim Municipal
Code relating to errors, omissions, clarifications and updates (Zoning Code
Amendment 2008-00064).
Mayor Pringle requested the ordinance be amended by correcting the attachment
dealing with maximum size for banners for new residential subdivisions to reference
building face rather than maximum building size. Council Member Kring moved to
introduce Ordinance No.6115, seconded by Council Member Sidhu. Roll call vote: Ayes
- 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0.
Motion Carried.
27. ORDINANCE NO. 6116 (INTRODUCTION) AN ORDINANCE OF THE CITY
C280 OF ANAHEIM amending section 7.24.060 of Chapter 7.24 of Title 7 of the
Anaheim Municipal Code and amending Table 4-J of section 18.04.100 of
Chapter 18.04, Table 8-B of section 18.08.030 of Chapter 18.08, Table 10-A and
10-B of section 18.10.030 of Chapter 18.10, adding a new subsection .120 to
section 18.10.030 of Chapter 18.10, adding a new section 18.38.245 to Chapter
18.38, amending subsection .130 of section 18.46.110 of Chapter 18.46, deleting
Appendix C and D of Chapter 18.46, amending subsection .010 of section
18.48.020 of Chapter 18.48, subsection .030 of section 18.48.040 of Chapter
18.48, subsection .040 of section 18.52.030 of Chapter 18.52, subsection .020 of
section 18.52.110 of Chapter 18.52, deleting subsection .030 of section
18.52.110 of Chapter 18.52, amending subsection .050 of section 18.62.045 of
Chapter 18.62, and subsection .060 of section 18.62.060 of Chapter 18.62 of
Title 18 of the Anaheim Municipal Code, respectively (Zoning Code Amendment
No. 2008-00067}
Mayor Pringle requested the permit for encroachment into setbacks be amended to
consider a setback of four feet for greenhouses, patio canopies, pool cabanas or storage
facilities. He added the four foot setback was mainly required because of flammability
and potential fire hazard to neighboring property, however if a structure was built with
fire resistant materials, an exemption from the building code could be given, although
City Council Minutes of September 30, 2008
Page 12 of 15
residents would have to file for a conditional use permit process at a cost of $5,000. He
suggested staff consider a modification that if one of those structures were made with
certified fire resistant materials; an exemption from the four foot setback would be given
without going through a conditional use permit process and therefore eliminating the fee.
Mayor Pringle moved to introduce Ordinance No. 6116 with those amendments, stating
if staff had any concerns to bring them up at the next meeting before adoption of the
ordinance, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle,
Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
29. Consider an appointment to complete an unexpired term on the Senior Citizen
B105 Commission term to expire June 30, 2010 (Henry De La Mora).
Appointment: Marv Brown
Council Member Hernandez nominated Mary Brown for the position of Senior Citizen
Commission and Council Member Kring nominated Isabelle Goubran. A straw vote for
Ms. Brown reflected Ayes - 3 (Mayor Pringle, Council Members Galloway and
Hernandez). Noes - 0. Abstentions - 2: (Council Members Kring and Sidhu). A straw
vote for Ms. Goubran reflected Ayes - 2: (Council Members Kring and Sidhu). Noes - 0.
Abstentions - 3: (Mayor Pringle and Council Members Galloway and Hernandez).
Mary Brown was appointed to the Senior Citizen Commission.
PUBLIC HEARINGS:
30. This is a public hearing to consider a resolution approving the issuance of tax-
B137.1 exempt revenue bonds by the California Municipal Finance Authority.
RESOLUTION NO. 2008-167 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM approving the issuance of the California Municipal
Finance Authority Variable Rate Demand Revenue Bonds (Goodwill Industries of
Orange County, California), Series 2008 in an aggregate principal amount not to
exceed $8,000,000 for the purpose of financing the acquisition, construction,
improvement and equipping of certain facilities and certain other matters relating
thereto.
Bill Sweeney, Finance Director, reported this hearing was required to provide the public
an opportunity to speak for or against the issuance of tax exempt bonds, in the amount
of $8 million, for Goodwill Industries of Orange County. He added the City had neither
liability for debt nor responsibility for the project.
Mayor Pringle opened the public hearing and receiving no comments, closed the
hearing. Council Member Kring moved to approve the Resolution of the City of Anaheim
approving the issuance of CMFA Variable Rate Demand Revenue Bonds (Goodwill
Industries of Orange County, California), Series 2008 in an aggregate principal amount
not to exceed $8 million for the purpose of financing the acquisition, construction,
improvement and equipping of certain facilities and certain other matters related thereto,
seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle,
Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
City Council Minutes of September 30, 2008
Page 13 of 15
31. CEQA MITIGATED NEGATIVE DECLARATION AND
C420 MITIGATION MONITORING PLAN N0. 000003.
SPECIFIC PLAN AMENDMENT N0.2007-00051.
VARIANCE NO. 2007-04742.
FINAL SITE PLAN N0.2007-00013 AND
TENTATIVE PARCEL MAP NO. 2006-195
OWNER: Anaheim Resort Hotel, LLC Attn: Kiran Patel, 540 Golden Circle Dr.,
Suite 214, Santa Ana, CA 92705
AGENT: Springhill Suites Marriott, Vicki Fetterman, Government Solutions, 230
Newport Center Drive, Suite 210, Newport Beach, CA 92660
LOCATION: 1240 South Walnut Street: This "L" shaped property is
approximately 5.912-acres with a frontage of 407 feet on the south side of Ball
Road and 294 feet on the east side of Walnut Street.
Request to construct a new 120-room hotel. Proposed project actions include
the following:
Specific Plan Amendment No. 2007-00051 -Request to amend the Anaheim
Resort Specific Plan to redesignate the project site hotel density from Low
Density to Medium Density.
Variance No. 2007-04742 -Request to permit less landscaping adjacent to an
interior property line then required by code.
Final Site Plan No. 2007-00013 -Request for approval of a Final Site Plan for
the development of 120-room hotel within the Anaheim Resort Specific Plan
zone.
Tentative Parcel Map No. 2006-195 -Request to subdivide an existing parcel
into two parcels.
ACTION TAKEN BY THE PLANNING COMMISSION:
VOTE: 6-0 (Commissioner Eastman absent) on the following items:
Approved CEQA Mitigated Negative Declaration and Mitigation Monitoring Plan
No. 000003
Approved Specific Plan Amendment No. 2007-00051 (PC2008-80)
Approved and recommended Council review of the following:
Variance No. 2007-04742 (PC2008-81)
Final Site Plan No. 2007-00013 (PC2008-82)
Tentative Parcel Map No. 2006-195 (PC2008-83)
MOTION: K/H Mitigated Negative Declaration.
ORDINANCE NO. 6117 (INTRODUCTION} AN ORDINANCE OF THE
CITY OF ANAHEIM amending Ordinance No. 5454, as previously amended,
relating to the Anaheim Resort Specific Plan (Amendment No. 12 to the
Anaheim Resort Specific Plan No. 92-2).
RESOLUTION NO. 2006-168 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Variance No. 2007-04742.
RESOLUTION NO. 2006-169 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Final Site Plan No. 2007-00013.
RESOLUTION NO. 2006-170 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Tentative Parcel Map No. 2006-195.
City Council Minutes of September 30, 2008
Page 14 of 15
Sherri Vander Dussen, Planning Director, reported the applicant was proposing to
construct a 121 room hotel on a site at South Walnut Avenue near the intersection of
Ball Road. A portion of the site was already developed with the Holiday Inn hotel and
the other portion was a vacant restaurant, all within the Anaheim Resort Specific Plan
(ARSP). She noted the Planning Commission recommended approval of this project
and that it was before Council for action because the developer was proposing an
amendment to the specific plan. She explained the developer wished to increase hotel
density on the site from low density which allowed 50 hotel rooms per acre up to 75
hotel rooms per acre pointing out the infrastructure in the area could accommodate this
additional density. In addition, the request included a tentative parcel map which the
Commission referred along with the specific plan amendment. The existing vacant
restaurant building would be demolished and replaced with the hotel on Parcel 1 and
the existing Holiday Inn would be located on Parcel 2. The final site plan was also
before Council including project details. The hotel would include surface parking, a
lobby, meeting room, restaurant and retail store on the ground level and three stories of
hotel rooms above. Ms. Vander Dussen indicated a variance had been requested to
eliminate the required 10 foot landscaped setback between parcels I and 2 stating
elimination of the landscape setback would accommodate internal pedestrian and
vehicular circulation between the two hotels, both owned by the developer. Although
the landscape area between the two parcels had been eliminated, she remarked the
applicant proposed landscaping throughout the remainder of the site which exceeded
landscaping requirements and the other required setbacks and the parking lot. She
added staff and the Planning Commission recommended approval.
Mayor Pringle opened the public hearing.
Coralee Newman, Government Solutions, speaking on behalf of the applicant,
emphasized both staff and the Planning Commission approved the project. She added
all documents had been reviewed and the property owner was in concurrence with
staff's recommendations.
With no other comments offered, Mayor Pringle closed the public hearing
Each member of the Council expressed appreciation to the property owner for bringing
a high-end product like the Marriott hotel to this under-utilized site.
Council Member Kring moved to approve the Mitigated Negative Declaration, to
introduce Ordinance No. 6117 amending Ordinance #5454 as previously amended
relating to the Anaheim Resort Specific Plan (Amendment #12 to the Anaheim Resort
Specific Plan #92-2), and to approve Resolution No. 2006-168 of the City of Anaheim
approving Variance #2007-04742, and to approve Resolution #2006-169 of the City of
Anaheim approving Final Site Plan # 2007-00013 and to approve Resolution #2006-170
of the City of Anaheim approving Tentative Parcel Map #2006-195, seconded by
Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members:
Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
Report on Closed Session Actions: None
City Council Minutes of September 30, 2008
Page 15 of 15
Council Communications:
Council Member Hernandez commented on Senate Bill 375 and requested Council
consider not using cell phones during Council meetings.
Council Member Galloway commented on City Attorney Jack White's retirement and
thanked him for his years of service. She reported on the success of the Graffiti
Taskforce Initiative held on September 20t" and thanked all involved.
Council Member Kring commented and congratulated the Riddle Family for winning the
Energy Makeover contest and also congratulated Anaheim Angel's on winning the 100tH
game and making it to the playoffs.
Council Member Sidhu also commented on City Attorney Jack White's retirement and
thanked him for his years of service and announced October 5t" -11~" as Public Power
Week and invited all to attend the event to be held on October 9t" at the Farmer's
Market. He recognized City Treasurer, Hank Stern, for receiving the Written Investment
Policy Certification from the Association of Public Treasurers and congratulated the
Anaheim Angel's.
Mayor Pringle reported on the National Safety Council Convention and commented on
City Attorney Jack White's retirement thanking him for his years of service. He asked
staff to expedite their research on how the city could address maintaining Anaheim
neighborhoods impacted by homes being foreclosed.
Adjournment: At 8:19 P.M., with no other business, Mayor Pringle adjourned the
September 30, 2008 Council meeting.
Resp tt ly submitte ,
inda N. ndal, CMC
City Clerk