2011/01/11ANAHEIM CITY COUNCIL REGULAR AND
REGULAR ADJOURNED MEETING
OF JANUARY 11, 2011
The regular City Council session of January 11, 2011 was called to order at 3:00 P.M. and
adjourned to 4:00 P.M. for lack of a quorum. The January 11, 2011 regular adjourned Council
meeting was called to order at 4:38 P.M. in the Chambers of Anaheim City Hall located at 200
South Anaheim Boulevard. A copy of the agenda was posted on January 7, 2011 on the kiosk
outside City Hall.
PRESENT: Mayor Tom Tait and Council Members: Gail Eastman, Lorri Galloway, Kris Murray
and Harry Sidhu.
STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City Clerk Linda
Andal
ADDITIONS /DELETIONS TO CLOSED SESSION:
Motion: T/S Pursuant to Section 54954.2(b)(2) of the Government Code, the City Council
voted unanimously to add to a closed session item to the agenda: discussion relating to threats
to public services or facilities in accordance with Section 54957. (Vote: 5 -0)
PUBLIC COMMENTS ON CLOSED SESSION: None
Council moved to closed session to consider the following items:
CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Jane Doe v. The City of Anaheim; Bradley Wagner, et al., USDC, Case
No. SAV 05 -1202 ODW (RNBx)
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957(b)(1) of the Government Code)
Title: City Manager
Council session reconvened at 5:28 P.M.
Invocation: Pastor Randy Collins, The Rock Four Square Church
Flag Salute: Mayor Pro Tem Harry Sidhu
Presentation: Recognizing Katella High School as the Grand Prize Winner of the
Governor's Challenge Competition
Mayor Tait announced Superintendent Novack, Principal Jason Allemann, and other school
board members were present as Katella High School was recognized for winning the
Governor's Challenge Competition and receiving an award of $100,000 towards a new
gymnasium. Principal Allemann thanked Council for the recognition stating there were 2,400
Council Meeting Minutes of January 11, 2011
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California high schools competing in this competition and that Katella High School students and
staff had 100 percent participation in this fitness challenge.
ADDITIONS /DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items except public hearings):
James Robert Reade, resident, called for a cease and desist notice for all gang criminal activity
in Anaheim.
Raul Alvarez, Cypress College, announced the 36 Americana Awards event scheduled for
February 26 which would honor Anaheim's Frank Garcia and Patricia Pina. He added this
fund - raiser would directly support student scholarships and emergency assistance and last
year, saw $300,000 directed towards that effort.
William Fitzgerald, resident, objected to Disneyland fireworks citing harmful health impacts to
the neighboring community.
Megan Shigo, Central District Neighborhood, reported on the escalation of graffiti in her area
and urged a more proactive approach be considered especially near junior high and high
schools. Mayor Tait requested Ms. Shigo meet with Chief Welter to discuss her
recommendation.
Amin David, Los Amigos of Orange County, remarked that Latinos comprised 52 percent of the
population in Anaheim and they were ready, willing and able to serve on Anaheim's boards and
commissions.
Richard Delgado, resident, expressed concern over removal of 20 -year old trees in conjunction
with the sidewalk replacement program on Broadway. Mayor Tait requested the City Manager
meet with Mr. Delgado regarding his concerns.
David Diaz, Central Neighborhood District, voiced his alarm over increased graffiti in his
neighborhood and concurred with using a proactive approach to prevent its growth. He cited
specific areas that continued to be hit with graffiti.
Enrique Chavez, resident, expressed his concern that a pot dispensary was opening up on his
block. He understood that Anaheim was fighting these dispensaries but was unable to take
action until litigation was ended. Mayor Tait indicated there had been many questions raised on
this issue and requested the City Attorney provide a brief update.
Cristina Talley, City Attorney, reported that Anaheim was in the middle of litigation regarding the
City's ordinance which banned pot dispensaries in the City. While successful in Superior Court,
the Court of Appeals reversed that position and sent it back for trial. The City sought review in
the Supreme Court which was denied and the case was now back in Superior Court for trial.
She added as this case was now in litigation, more detailed information could not be provided.
Mayor Tait asked this item be agendized at the next meeting.
Michele Lieberman also objected to the placement of a pot dispensary on a residential street
believing these facilities should be located in a commercial zone, if allowed at all. She added
medicinal dispensaries did not require business licenses and currently there was nothing to stop
them from doing business in residential neighborhoods.
Council Meeting Minutes of January 11, 2011
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Katie Minnelli announced she was a coordinator for different local organizations that were
pushing for an exotic animal ban in Anaheim. She indicated there was much research and
support shared with the City last fall and she hoped for council's action in the future.
Rudy Kraus offered his opinion about his concerns with the proliferation of graffiti in the City.
Barbara Gonzales, representative of the Anaheim Neighborhood Association (ANA), explained
ANA was a volunteer advocacy group for safe, attractive and quality neighborhoods. She
reported the problem was huge and described her efforts to prevent it from occurring. Mayor
Tait responded graffiti was an unacceptable problem and would not be tolerated.
Rudy Kraus, spoke again regarding specifics of graffiti locations he had seen throughout the
City.
Council Member Eastman responded that she had met with staff earlier on the graffiti issue
reporting there was much that the City was already doing. She added more volunteers were
needed to address this problem by attacking the issue from all directions and requested any
interested volunteers to call council offices and volunteer.
CONSENT CALENDAR: Council Member Galloway requested Item No. 2 be removed from the
consent calendar for further discussion. Mayor Tait stated requested an abstention be recorded
on Item No. 3 due to a potential conflict of interest. Mayor Pro Tern Sidhu then moved to waive
reading in full of all ordinances and resolutions and to adopt the balance of consent calendar in
accordance with the reports, certifications and recommendations furnished each council
member and as listed on the balance of the consent calendar, seconded by Council Member
Murray. Roll Call Vote: Ayes — 5: Mayor Tait and Council Members: Galloway, Eastman,
Murray and Sidhu. Noes — 0. Motion Carried
B105 1. Receive and file the minutes of the Public Utilities Board meeting of November 17, 2010.
3. Appoint Jeff Farano Sr. and Chris Lin to the Anaheim Workforce Investment Board,
B105 representing business, to terms ending January 10, 2015 and Diane Donnelly - Toscano,
representing education, to an unexpired term ending June 30, 2013.
Motion by Council Member Galloway to approve, seconded by Council Member Sidhu.
Roll Call Vote: Ayes — 4: Council Members: Eastman, Galloway, Murray and Sidhu. Noes
— 0. Abstention — 1: Mayor Tait (due to a potential conflict of interest).
4. Approve and authorize the City Manager to execute and administer the Workforce
investment Act Subrecipient Agreement with North Orange County Regional
AGR- 4916.0 Occupational Program and Orange County Conservation Corps. to operate a
AGR- 6021.A comprehensive youth development program for eligible youth ages 16 -21 years through
June 30, 2012.
5. Approve an agreement with the Anaheim City School District to equally share the annual
cost of $25,443 to place crossing guards at the intersections of Loara Street and
AGR -6627 Orangewood Avenue and Ball Road and Nutwood Street.
6. Approve and authorize the Public Utilities General Manager to execute a Wireiine
Crossing Agreement, and related documents, with the Union Pacific Railroad Company
for power and communication lines crossing underneath the railroad tracks within
AGR -6628 Underground District No. 53 (La Palma /Brookhurst) and authorize the Public Utilities
General Manager to take the necessary actions to implement the Agreement.
Council Meeting Minutes of January 11, 2011
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7. RESOLUTION NO. 2011 -001 A RESOLUTION OF THE CITY COUNCIL OF
Pilo THE CITY OF ANAHEIM vacating two public utility easements located at 700 East South
Street pursuant to California Streets and Highway Code Section 8330, et seq. -
Summary Vacation (Abandonment No. ABA2010- 00207).
RESOLUTION NO. 2011 -002 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM vacating a public utility easement located at 700 East South
Street pursuant to California Streets and Highway Code Section 8330, et seq. -
Summary Vacation (Abandonment No. ABA2010- 00208).
8. RESOLUTION NO. 2011 -003 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to participate in
AGR -6628 the U.S. Department of Justice Assistance Grant (JAG) program, in conjunction with the
County of Orange, authorizing the Chief to execute all required grant documents, and
authorizing the acceptance of such grant on behalf of the City and amending the budget
for the fiscal year 2010 -11 accordingly.
9. ORDINANCE NO. 6200 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
C280 Code relating to zoning (Reclassification No. 2010- 00241; DEV2010- 00155; Area A:
1200 - 1320 South Anaheim Blvd. and 1207 South Claudina St.; Area B: 1601 South
Anaheim Blvd. and northwest corner of Anaheim Blvd. and Anaheim Way).
10. ORDINANCE NO. 6201 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending various sections of Chapter 10.06 of
M142 Title 10 of the Anaheim Municipal Code to establish a design -build procurement process
for Public Works projects in furtherance of Section 1212 of the City Charter.
11. Approve minutes of the Council meetings of December 7, 2010 and December 14, 2010.
END OF CONSENT CALENDAR
2. Increase the fleet services automotive equipment appropriations for fiscal year 2010/11
by $252,000 to provide funds for the purchase of additional police pursuit vehicles and
D128 authorize the Purchasing Agent to issue a purchase order to the lowest responsive
bidder, in an amount not to exceed $470,000, for 20 additional Ford Crown Victoria
Police Interceptor sedans.
Natalie Meeks, Public Works Director, reported that each year the Department purchased
approximately 20 police vehicles, and had purchased the same model for a number of years
and stocked specific safety equipment to retrofit this model. Because the model was to be
discontinued and this was the last year the City could acquire this model, the Department felt it
was best in the long run to accelerate the purchase of next year's 20 vehicles as they would be
less expensive with the close -out of this model and it would provide for additional time to
evaluate the cars on the market to replace this model. Council Member Galloway asked if
preference was given to Anaheim dealers and Carole Ayuso, Purchasing Agent, replied that the
tax preference rule would applied for this purchase as it would for any purchase, i.e., if the bid
received was one percent or less higher than the next lowest bidder, an Anaheim dealer would
be awarded the bid.
Council Meeting Minutes of January 11, 2011
Page 5 of 8
Mayor Pro Tern Sidhu moved to approve Item No. 2, seconded by Council Member Galloway.
Roll Call Vote: Ayes — 5: Mayor Tait and Council Members: Eastman, Galloway, Murray, and
Sidhu. Motion Carried.
12. Consider (re)appointing an alternate member to the Santa Ana River Flood Protection
B105 Agency (continued from the meeting of December 14, 2010, Item No. 43).
ALTERNATE: Mark Vukojevic
(currently held by Mark Vukojevic, City Engineer)
Mayor Tait nominated Mark Vukojevic to continue as the alternate member to the Santa Ana
River Flood Protection Agency, seconded by Council Member Galloway. No other nominees
were offered. Roll call vote: Ayes — 5: Mayor Tait and Council Members: Eastman, Galloway,
Murray and Sidhu. Noes — 0. Motion Carried and Mr. Vukojevic was appointed as alternate to
the Santa Ana River Flood Protection Agency.
13. Consider an appointment to fill an unscheduled vacancy to the Public Utilities Board,
term ending June 30, 2014.
B105
APPOINTMENT: Bob Hernandez
(vacancy of Council Member Kris Murray)
Mayor Tait nominated Bob Hernandez to the Public Utilities board and Council Member
Galloway nominated John Leos. Roll Call Vote for Mr. Hernandez; Ayes — 3: Mayor Tait and
Council Members Murray and Sidhu. Noes — 0. Abstention — 2: Council Members Galloway
and Eastman. Roll Call Vote for Mr. Leos; Ayes — 2: Council Members Galloway and Eastman.
Noes — 0. Abstentions — 3: Mayor Tait and Council Members Murray and Sidhu. Mr.
Hernandez was appointed to the Public Utilities Board.
PUBLIC HEARINGS:
14. This is a public hearing to consider a resolution approving the Mitigated Negative
Declaration and Mitigation Monitoring Plan and determining their adequacy to serve as
the required environmental documentation for the Tustin Avenue and La Palma Avenue
C350 street improvement project.
RESOLUTION NO. 2011 -004 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving the Mitigated Negative Declaration and Mitigation
Monitoring Plan and determining their adequacy to serve as the required environmental
documentation for the Tustin Avenue and La Palma Avenue street improvement project.
Mark Vukojevic, City Engineeer, reported the Department was recommending that Council find
the Initial Study and Mitigated Negative Declaration and the Mitigation Monitoring Plan was
adequate to serve as environmental documentation for the Tustin Avenue and La Palma
Roadway Improvement Project.
The project proposed to add an additional north and southbound through lane on Tustin avenue
between SR -91 and La Palma Avenue and a third northbound left turn lane on Tustin Avenue at
La Palma. These improvements, he added, would bring the City into compliance with the
General Plan and Master Plan of Arterial Highways and would improve service levels on
Council Meeting Minutes of January 11, 2011
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roadways for now and to better accommodate future traffic. The project included pedestrian
and landscape features to improve overall aesthetics in the business area.
The total project cost was approximately $6 million, funded by traffic impact fees, Kaiser
mitigation fees and a State local partnership grant. He indicated right -of -way acquisition would
begin this month with construction starting at the end of 2011.
Mayor Tait opened the public hearing and receiving no comments, closed the hearing.
Council Member Sidhu remarked this project would open up the grid lock on La Palma/Tustin
and moved to approve Resolution No. 2011 -004 OF THE CITY OF ANAHEIM approving the
Mitigated Negative Declaration and Mitigation Monitoring Plan and determining their adequacy
to serve as the required environmental documentation for the Tustin Avenue and La Palma
Avenue street improvement project, seconded by Council Member Eastman. Roll Call Vote:
Ayes — 5: Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu. Noes — 0.
Motion Carried.
15. RE- HEARING:
RECLASSIFICATION NO. 2010 -00238
TENTATIVE TRACT MAP NO. 17387
C280 CONDITIONAL USE PERMIT NO. 2010-05515
VARIANCE NO. 2010 -04815
(DEV2010- 00087)
OWNER: Donovan Anaheim, LLC, Chad Brown, Development Manager, 660 Newport
Center Drive, Suite 1050, Newport Beach, CA 92660
APPLICANT: Melia Homes, Chad Brown, Development Manager, 660 Newport Center
Drive, Suite 1050, Newport Beach, CA 92660
LOCATION: This 3.39 acre property is located at 851 & 905 South Western Avenue,
approximately 165 feet south of the centerline of Teranimar Drive.
The applicant proposes to: rezone this property from the Transition (T) zone to Single
Family Residential (RS -4) zone designation; establish a 32 -lot residential subdivision;
permit 32 single - family residences with certain lots having rear yard setback areas
measuring 13 -feet, 5- inches in depth; and, to allow certain lots to maintain driveway
lengths smaller than required by code.
Environmental Determination: A Negative Declaration has been determined to serve
as the appropriate environmental impact determination for this request.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Vote: 6 -0 (Chairman Pro -Tem Agarwal and Commissioners Ament, Karaki,
Persaud, Ramirez and Seymour voted yes. Chairman Faessel absent) with added
conditions of approval pertaining to restricted vehicular access to and from Western
Avenue and a prohibition of on- street parking of recreational vehicles (Planning
Commission meeting of September 27, 2010; Appealed by David Stahovich)
ACTION TAKEN BY THE CITY COUNCIL:
Approved Vote: 4 -1 (Mayor Pringle and Council Members Galloway, Hernandez and
Sidhu voted yes; Council Member Kring voted no) (Council meeting of November 9,
2010)
(request for re- hearing submitted by David Stahovich and granted on December 14,
2010)
MOTION: Find and determine that a Negative Declaration is the
appropriate environmental determination for this request.
Council Meeting Minutes of January 11, 2011
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RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM finding and determining that the zoning map referred to in
Title 18 of the Anaheim Municipal Code should be amended and that the boundaries of
certain zones should be changed (Reclassification No. 2010- 00238;DEV 2010- 00087).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Conditional Use Permit No. 2010 -05515 and
Variance No. 2010 -04815 (DEV 2010- 00087).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving Tentative Tract Map No. 17387 (DEV 2010 - 00087).
ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2010- 00238; DEV 2010- 00087).
Mayor Tait explained the applicant submitted a request to continue this hearing to February 15,
2011. Council Member Murray moved to continue the public hearing to February 15, 2011,
seconded by Council Member Galloway. Ayes — 5: Mayor Tait and Council Members: Eastman,
Galloway, Murray and Sidhu. Noes — 0. Motion Carried.
The appellant sought to offer comments. City Attorney Cristina Tally explained the public
hearing on this matter had been continued and there would be no further discussion this
evening, unless the City Council chose to reconsider their previous action. The appellant
remarked he and others in the audience were not available on the 15
Report on Closed Session Actions: None
Council Communications:
Council Member Murray remarked this would be a challenging year with fiscal and service
concerns to consider and she was looking forward to working closely with residents on this
process. She announced the following upcoming events: the Boys and Girls Club Annual Gala
benefitting the Motel Kids Outreach Program to be held April g the Annual Baker to Vegas
Challenge Cup Relay Race benefitting Cops for Kids on March 14 the Anaheim Beautiful
Quarterly Awards Luncheon scheduled for March 2" d , and the YMCA mural unveiling honoring
former Mayor Pringle and his wife, Lexi, on January 27 She requested this meeting be
adjourned in memory and to honor victims of the tragedy in Tucson, Arizona.
Council Member Galloway announced Disneyland would be honoring U.S. Army Staff Sgt.
Salvatore Giunta on January 12 upon being awarded the Medal of Honor by President Obama
She also recognized City employee, Jay Jones, Convention Center.
Mayor Pro Tern Sidhu spoke about the free business counseling services offered to local
residents and business owners by SCORE through the end of June, 2011 and congratulated
staff on receiving the Enterprise Zone designation by the California Department of Housing and
Community Development. He also recommended the meeting be adjourned in memory of the
victims and families in Arizona.
Council Member Eastman again addressed graffiti concerns and invited citizens interested in
volunteering to contact her office.
Mayor Tait requested a budget workshop for January 25, 2011 and invited all employee
associations to attend with the purpose and goal of clarity to work together to understand and
solve the budget concerns.
Council Meeting Minutes of January 11, 2011
Page 8 of 8
Adjournment: At 6:45 P.M., Mayor Tait adjourned the January 11" meeting in memory of the
victims of the tragic shooting in Tucson, Arizona.
Res ully submitted,
Linda N. Andal, CIVIC
City Clerk