2011/05/17 (2)ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED
MEETING OF MAY 17, 2011
The City Council meeting of May 17, 2011 was called to order at 3:00 P.M. and adjourned to
4:30 PM for lack of a quorum. The regular adjourned meeting of May 17, 2011 was called to
order at 4:34 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim
Boulevard. A copy of the agenda was posted on May 13, 2011 on the kiosk outside City Hall.
PRESENT: Mayor Tom Tait and Council Members: Gail Eastman, Lord 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: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
At 4:34 P.M. Mayor Tait recessed to closed session for the following items:
CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 5496.9 of the Government Code)
Name of Case: Qualified Patients v. City of Anaheim, et al., Orange County Superior
Court, Case No. 07CC09524; 4th District Court of Appeal, Case No. G040077
At 5:12 P.M., City Council session was reconvened.
Invocation: Pastor Gregory Douglass, Native American United Methodist Church
Flau Salute: Council Member Kris Murray
Presentations: Recognizing the 2010 Girl Scout Gold Award recipients
Gina Magee, Girl Scouts of Orange County, Chief Operation Officer, and Beth Carroll
introduced the gold award honorees, remarking they had achieved the highest and most
prestigious award a Girl Scout could earn and were making a difference in their communities.
Recognizing Lisa Stipkovich on her retirement from the City of Anaheim
Mayor Tait thanked Lisa Stipkovich for her service to the City, adding she was the most
knowledgeable person in the State on redevelopment matters, a tough negotiator for the City,
and prized by her staff. Ms. Stipkovich remarked that her 34 years with the City were
challenging, exciting, and rewarding. She added that she had enjoyed tremendous support from
elected officials and her management team during her tenure, all of whom contributed towards
making Anaheim a better place.
Council Meeting Minutes of May 17, 2011
Page 2 of 12
Acceptance of Other Recoanitions (To be presented at a later date):
Proclaiming May 17, 2011, as Meals on Wheels Day in Anaheim
Proclaiming May 16 - 20, 2011, as Bike to Work Week
Darrell Johnson, Deputy CEO, Orange County Transportation Agency, thanked Council for
recognizing Bike to Work Week and encouraging commuters to reduce traffic congestion and
improve air quality in their communities.
Proclaiming May 15 - 21, 2011, as Emergency Medical Services Week
Captain Chad Thompson, Anaheim Fire Department, thanked Council for recognizing
emergency responders and the services they provided.
Proclaiming May 21 - 28, 2011, as Windpower Week
Recognizing Time Warner Cable for honoring employees who have served
in the armed forces.
ADDITIONS /DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items, except public hearings):
James Scott Noble, 1775 W. Ball Road, explained the situation that he, as a tenant, had
experienced with his property owner.
Cecil Corkin Jordan discussed community issues.
Carol Latham, Anaheim Arts Council, thanked staff for their support during several successful
community events occurring last week, remarking the City was all the richer for experiencing
these artistic activities.
Reverend Lou Sheldon, resident, complimented the City on its Paramedic Membership Program
and thanked Anaheim paramedics for saving his life on March 6 th when he experienced a
massive stroke.
Bill Dalati, representing the West Coast Islamic Society, remarked justice had been served with
the death of Osama Bin Laden whose actions on 911 had falsely incriminated the faith of a
billion Muslims around the world.
William Fitzgerald, Anaheim Home, challenged the Anaheim Firefighter Association labor
agreement and City Council's approval of same.
CONSENT CALENDAR: Council Member Eastman removed Item No. 3 for further
discussion. Mayor Tait declared he would abstain on Item No's. 5, 11 and 15, declaring a
conflict of interest as his firm had worked with parties identified in those matters. Mayor Pro
Tern Sidhu then moved to waive reading in full of all ordinances and resolutions and to adopt
the balance of the consent calendar in accordance with reports, certifications and
recommendations furnished each council member and as listed on the consent calendar,
seconded by Council Member Galloway. Roll Call Vote: Ayes — 5: Mayor Tait and Council
Members: Galloway, Eastman, Murray and Sidhu. Noes — 0. Motion Carried
Council Meeting Minutes of May 17, 2011
Page 3 of 12
1. Receive and file minutes of the Budget, Investment and Technology Commission
8105 meeting of November 15, 2010, Parks and Recreation Commission meeting of March
23, 2011, and the Public Utilities Board meeting March 23, 2011.
D117 2. Approve the Investment Portfolio Report for April 2011.
4. Award the contract to the lowest responsible bidder, Hi -Tech Rockfall Systems, Inc., in
the amount of $150,518, for the emergency mitigation and removal of debris on the
hillside slope along Santa Ana Canyon Road located west of the Kindred Community
AGR -6754 Church property entrance and approximately 0.65 miles east of Woodcreek Road
(entrance to Cascades Apartments) and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
5. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount
of $3,182,386.66, for street improvements on West Street, Citron Street, Orange
AGR -6755 Avenue, Coronet Avenue, Medical Center Drive, Olive Street, Sycamore Street, North
Street, Canyon Rim Road, and Western Avenue and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions.
Mayor Tait recorded an abstention on this item. Roll Call Vote: Ayes- 4 (Council
Members: Eastman, Galloway, Murray and Sidhu. Noes — 0. Abstention: 1(Mayor Tait).
6. Waive the sealed bid requirements of Council Policy 4.0 and authorize Purchasing Agent
to issue a master agreement to Badger Meter, Inc., in an amount not to exceed
D180 $230,000 (including tax and freight), for Orion Universal 1 transmitters, for a one year
period with three one -year optional renewals and authorize the Purchasing Agent to
exercise the renewal options.
7. Approve the revision to the City's California Transmission Owner Tariff (TO Tariff) and
D182 authorize the Public Utilities General Manager to file the revised TO Tariff with the
Federal Energy Regulatory Commission as a non jurisdictional rate filing and take such
actions as are necessary to administer and implement the TO Tariff, as revised.
8. Approve the Second Amendment to Agreement, with Systems Research and
Applications Corporation, in an amount not to exceed $1,200,000, for intelligence analyst
AGR- 5792.2 services and authorize the Chief of Police to submit a reimbursement request and
receive the monies from the Anaheim /Santa Ana UASI on behalf of the City.
9.
Approve the First Amendment to the Electrical Utility Agreements with thirteen electrical
AGR- 2900.C.1
contractors authorizing all thirteen electrical contractors to provide various electrical
AGR- 1549.C.1
AGR - 2807.8.1
services, on a non - exclusive basis, to tenants, exhibitors and persons at the Convention
AGR- 2925.C.1
Center who require such services in connection with events (S & N Show Service, Inc.,
AGR- 2806.C.1
dba Action Electrical; Capital Exposition Electrical Services, Inc.; CES Electrical, Inc.;
AGR- 1550.D.1
Convention Electrical Services, Inc.; Convention Technical Services, Inc.; Edlen
AGR- 3325.B.1
AGR- 2805.C.1
Electrical Exhibition Services of California, Inc.; Freeman Decorating Services, Inc.; Hi-
AGR-2804.C.1
Tech Electrical, LLC; LB Lights West, Inc.; Rossi Expositions, Inc.; Tiger Electric, Inc.;
AGR - 6659.1
Global Experience Specialist, Inc. dba Trade Show Electrical; Tricord Management,
AGR- 6424.1
AGR.1552. D.1
LLC, dba Tricord Tradeshow Services, Inc.).
AGR- 4463.A.1
10.
Approve the First Amendment to the Plumbing Utility Agreements with four plumbing
AGR- 3662.A.1
contractors authorizing all four plumbing contractors to provide various plumbing
AGR - 3324.8.1
AGR- 2786.C.1
services, on a non - exclusive basis, to tenants, exhibitors and persons at the Convention
p
AGR- 2808.C.1
Center who require such services in connection with events ( Edlen Electrical Exhibition
Council Meeting Minutes of May 17, 2011
Page 4 of 12
Services of California, Inc.; Freeman Decorating Services, Inc. ; Global Experience
Specialists, Inc. dba Trade Show Electrical; Yard Plumbing, Inc.).
11. Approve an Agreement with the County of Orange and Orange County Flood Control
District to establish a mechanism for development and implementation of a plan to
AGR -6756 reduce the amount of certain metals reaching the San Gabriel River so to meet National
Pollutant Discharge Elimination System (NPDES) requirements.
Mayor Tait recorded an abstention on this item. Roll Call Vote: Ayes - 4 (Council
Members: Eastman, Galloway, Murray and Sidhu. Noes — 0. Abstention: 1(Mayor Tait).
12. Approve an Agreement for Acquisition of Real Property with Larry L. Bonine, in the
amount of $346,500, for the purchase of real property located at 2172 Cerritos Avenue
AGR -6757 for the Brookhurst Street Widening project from Ball Road to Katella Avenue (RAN
ACQ2009- 00359).
13. Approve and authorize the City Manager to execute an agreement with Osborn
Architects, in an amount not to exceed $375,000, for the planning, schematic design,
preparation of construction documents, construction observation, and post- construction
AGR -6758 services for the Miraloma Park and Community Center project located at 2600 E.
Miraloma Way and authorize the Director of Community Services to increase the
contract amount up to 10 %, if necessary.
14. Approve and authorize the Director of Public Works to execute the Encroachment
License Agreement with the Anaheim City School District for the District's use of the
AGR -6759 City's street right -of -way on Broadway and authorize the Public Works Director to take
the necessary actions to implement and administer the License Agreement (ENC2011-
00104).
15. Approve and authorize the Public Utilities General Manager to execute an Agreement for
Replacement of Overhead with Underground Communications Facilities, its related
AGR -6760 documents, and to take the necessary actions to implement and administer the
agreement with Pacific Bell Telephone Company, dba AT &T California to facilitate joint
trench construction and cost sharing for Manchester Avenue and Gene Autry Way.
Mayor Tait recorded an abstention on this item. Roll Call Vote: Ayes- 4 (Council
Members: Eastman, Galloway, Murray and Sidhu. Noes — 0. Abstention: 1(Mayor Tait).
16. Approve and authorize the Public Utilities General Manager to execute Amendment No.
AGR - 3712.1.2 2 to the Amended and Restated Metered Subsystem Agreement, the revised and
AGR -6761 restated Scheduling Coordinator Agreement and the revised and restated Meter Service
AGR -6762 Agreement for Scheduling Coordinators with California Independent System Operator
Corporation and authorize the General Manager to take the necessary actions required
to administer and implement the agreements as amended and restated.
17. RESOLUTION NO. 2011 -062 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM initiating proceedings for the annual levy of assessments in,
T104 and accepting an assessment engineer's report for, Anaheim Resort Maintenance
District.
RESOLUTION NO. 2011 -063 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM declaring its intention to provide for an annual levy and
collection of assessments in the Anaheim Resort Maintenance District, and setting a
time and place for public hearing thereon (public hearing scheduled for June 7, 2011).
Council Meeting Minutes of May 17, 2011
Page 5 of 12
18. Approve minutes of the Council meeting of April 26, 2011 and May 3, 2011.
19. RESOLUTION NO. 2011 -064 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
P124 certain real properties or interests therein (City Deed Nos. 11422 and 11423).
20. RESOLUTION NO. 2011 -065 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting a certain deed conveying to the City of Anaheim
certain real property or interests therein (City Deed No. 11424).
21. RESOLUTION NO. 2011 -066 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM vacating a public utility easement located on the east side of
Pilo Claudina Street, between Santa Ana Street and Ellsworth Street pursuant to California
Streets and Highway Code, Section 8330, et seq. - Summary Vacation (Abandonment
No. ABA2011- 00225).
22. RESOLUTION NO. 2011 -067 A RESOLUTION OF THE CITY COUNCIL OF
Pilo THE CITY OF ANAHEIM vacating a public utility easement located at 431 North Dale
Avenue, pursuant to California Streets and Highway Code Section 8330, et seq. -
Summary Vacation (Abandonment No. ABA2011- 00226).
23. RESOLUTION NO. 2011 -068 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM declaring its intention to amend Ordinance No. 5911 granting a
non - exclusive franchise to Anaheim Transportation Network to provide transportation
shuttle services and stating the terms and conditions upon which said franchise is
F130.2 granted, and establishing a time and date of a public hearing to consider said
amendment (public hearing scheduled for July 19, 2011).
24. RESOLUTION NO. 2011 -069 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting the Negative Declaration and determining its
C350 adequacy to serve as the required environmental documentation for the Hidden Canyon
pump station improvement project.
25. RESOLUTION NO. 2011 -070 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Public Utilities General Manager or her
8100 designee to submit a cost sharing matching grant application for the development of a
Water Use Efficiency Master Plan under the Water Conservation Field Services Program
- Southern California Area Office, to accept such funds as awarded, on behalf of the City
of Anaheim, from the United States Department of the Interior Policy and Administration
Bureau of Reclamation, to take such actions in furtherance of the grant, and amending
the budget for fiscal year 2010/2011.
26. ORDINANCE NO. 6210 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM amending Table 42 -A of Section 18.42.040 and
M142 Subsections .030 and .040 of Section 18.42.080 of Chapter 18.42 of Title 18 of the
Anaheim Municipal Code pertaining to parking and loading (Zoning Code Amendment
No. 2011 - 00099; introduced at Council meeting of May 3, 2011, Item No. 14).
27. ORDINANCE NO. 6211 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM repealing Section 1.04.900 of Chapter 1.04 of
B105 Title 1 relating to the Golf Commission.
Council Meeting Minutes of May 17, 2011
Page 6 of 12
28. ORDINANCE NO. 6212 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM temporarily waiving certain provisions of
M142 Chapter 17.38 of Title 17 of the Anaheim Municipal Code relating to deferral of certain
impact fees.
END OF CONSENT:
3. Authorize the sale of one surplus McDonnell Douglas MD 500E police helicopter (serial
number 0375E), waive the newspaper publication requirement of Section 1222 of the
City Charter and utilize internet advertising and auction for the solicitation of bids, and
D180 authorize the Purchasing Agent to accept the highest bid received upon conclusion of
the auction and execute all required sales documents on behalf of the City.
Carole Ayuso, Purchasing Agent, explained this item would approve the sale of one surplus
police helicopter, purchased in 1989 and had served the City for over 20 years with 21,000
hours of duty. She indicated it had since been replaced with a newer model several years ago
and the Department was now ready to dispense with this unit. Because of the value of this
item, the City Charter required publication of a request for bids by newspaper, however, staff
recommended waiver of this outdated provision and to auction the helicopter on the internet to
maximize exposure and receive the highest price possible. She indicated a minimum bid and a
reserve bid had been established and bids would be taken in an open bidding process until
June 17 Interested buyers could submit bids online and to progressively increase their bid
offer if they were being outbid by others. In answer to Mayor Pro Tem Sidhu's question, there
was no cost to the City for this process; however, the successful bidder would be required to
pay a commission to publicsurplus.com, the internet auction company.
Council Member Eastman moved to approve Item No. 3, seconded by Mayor Pro Tem Sidhu.
Roll Call Vote: Ayes — 5 (Mayor Tait and Council Members: Eastman, Galloway, Murray and
Sidhu. Noes — 0. Motion Carried.
P121
PUBLIC HEARINGS:
29. This a public hearing to consider a resolution determining the public interest and
necessity for the acquisition of property located at 2173 West Cerritos Avenue for the
Brookhurst Street Widening project from Ball Road to Katella Avenue.
RESOLUTION NO. 2011 -071 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for the acquisition
of property located at 2173 West Cerritos Avenue for the purposes of the Brookhurst
Street Widening from Ball Road to Katella Avenue project (R/W ACQ 2009 - 00360).
Mayor Tait remarked there would be one oral presentation regarding related Item No's. 29 and
30, however, public hearings for each item would be held separately.
Natalie Meeks, Public Works Director, announced Item No's. 29 and 30 were for the acquisition
of right -of -way necessary for the construction of the Brookhurst Street Widening Project from
Ball Road to Katella Avenue. The project would improve Brookhurst Street providing three
through lanes in each direction along with median and pedestrian improvements. This segment
of Brookhurst, she explained, was the only segment between the 1 -5 and Pacific Coast Highway
not widened to six lanes, which created a bottleneck from north /south traffic in the area. She
added a short segment of southbound Brookhurst, north of Cerritos, would remain two lanes to
be widened in the future phase of this project by the County of Orange. In addition, both phases
Council Meeting Minutes of May 17, 2011
Page 7 of 12
of this project were environmentally cleared through the Initial Study and Mitigated Negative
Declaration approved by Council on June 22, 2010.
Providing additional details, Ms. Meeks stated the project, as planned, required the acquisition
of 23 single family properties, with staff now in the process of acquiring those properties and to
date, acquisition agreements had been approved for 15 of the 23 sites. She added staff would
continue to work with other property owners to reach settlement. She ended her report, noting
the two properties on this agenda were being recommended for adoption by resolutions of
necessity to advance the acquisition process as staff believed the adoption of these resolutions
would encourage the property owners and lenders to actively engage in settlement negotiations
or to at least move the process through the court to obtain clear and insurable title to these
properties.
Mayor Tait indicated the City would take testimony from the owner of record or designated
representative for the property subject to the hearing and that testimony would be limited to the
following five topics: 1) whether the public interest and necessity required the project, 2)
whether the project was planned and located in a manner that would be most compatible with
the greatest public good and the least private injury, 3) whether the property to be acquired was
necessary for the project, 4) whether the offer required by Gov Code Sec 7267.2 had been
made to the owner or owners of record, and 5) whether the City met all other prerequisites to
the exercise of eminent domain in connection with the property.
Mayor Tait opened the public hearing for comment and receiving no comments, closed the
hearing.
Council Member Galloway moved to approve RESOLUTION NO. 2011 -071 OF THE CITY OF
ANAHEIM determining the public interest and necessity for the acquisition of property located at
2173 West Cerritos Avenue for the purposes of the Brookhurst Street Widening from Ball Road
to Katella Avenue 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.
30. This is a public hearing to consider a resolution determining the public interest and
necessity for the acquisition of property located at 1508 South Brookhurst Street for the
Brookhurst Street Widening project from Ball Road to Katella Avenue.
P121 RESOLUTION NO. 2011 -072 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for the acquisition
of property located at 1508 South Brookhurst Street for the purposes of the Brookhurst
Street Widening from Ball Road to Katella Avenue project (R/W ACQ 2009 - 0358).
Natalie Meeks, Public Works Director, announced Item No.'s 29 and 30 were for the acquisition
of right -of -way necessary for the construction of the Brookhurst Street Widening Project from
Ball Road to Katella Avenue. The project would improve Brookhurst Street providing three
through lanes in each direction along with median and pedestrian improvements. This segment
of Brookhurst, she explained, was the only segment between the 1 -5 and Pacific Coast Highway
not widened to six lanes, which created a bottleneck from north /south traffic in the area. She
added a short segment of southbound Brookhurst, north of Cerritos, would remain two lanes to
be widened in the future phase of this project by the County of Orange. In addition, both phases
of this project were environmentally cleared through the Initial Study and Mitigated Negative
Declaration approved by Council on June 22, 2010.
Council Meeting Minutes of May 17, 2011
Page 8 of 12
Providing additional details, Ms. Meeks stated the project, as planned, required the acquisition
of 23 single family properties and staff was now in the process of acquiring those properties and
to date, acquisition agreements had been approved for 15 of the 23 sites. She indicated staff
would continue to work with other property owners to reach settlement. She ended her report,
stating the two properties on this agenda were being recommended for adoption of resolutions
of necessity to advance the acquisition process as staff believed the adoption of these
resolutions would encourage the property owners and lenders to actively engage in settlement
negotiations or to at least move the process through the court to obtain clear and insurable title
to these properties.
Mayor Tait indicated the City would take testimony from the owner of record or designated
representative for the property subject to the hearing and that testimony would be limited to the
following topics: 1) whether the public interest and necessity required the project, 2) whether the
project was planned and located in a manner that will be most compatible with the greatest
public good and the least private injury, 3) whether the property to be acquired is necessary for
the project, 4) whether the offer required by Gov Code Sec 7267.2 has been made to the owner
or owners of record, and 5) whether the City has met all other prerequisites to the exercise of
eminent domain in connection with the property.
Mayor Tait opened the public hearing for comments and receiving none, closed the hearing.
Mayor Pro Tem Sidhu moved to approve RESOLUTION 2011 -072 OF THE CITY OF
ANAHEIM determining the public interest and necessity for the acquisition of property located at
1508 South Brookhurst Street for the purposes of the Brookhurst Street Widening from Ball
Road to Katella Avenue project, seconded by Council Member Murray. Roll Call Vote: Ayes —
5 (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu. Noes — 0. Motion
Carried.
31. ZONING CODE AMENDMENT NO. 2011 -00098
MISCELLANEOUS CASE NO. 2011 -00493
DEVELOPMENT AGREEMENT NO. 2010 -00004
TERMINATION OF DEVELOPMENT AGREEMENT NOS. 2005 -00002 AND 2005-
00003 (DEV2010- 00161)
OWNER/APPLICANT: BRE Properties, Robert Linder, 5141 California Avenue, Suite
250, Irvine, CA 92617
0280 LOCATION: 1781 South Campton Avenue and 1551 East Wright Circle
The applicant proposes amendments to Chapter 18.20 (Platinum Triangle Mixed Use
Overlay Zone) of Title 18 of the Anaheim Municipal Code and the Platinum Triangle
Master Land Use Plan to allow diagonal parking on Connector Streets, subject to the
review and approval of the City Engineer; a Development Agreement between the City
of Anaheim and BRE Properties addressing the development of two lots containing two,
4 -story buildings with a total of 400 residential units, subterranean and surface parking
and recreational amenities; and, the termination of Development Agreement Nos. 2005-
00002 and 2005 - 00003.
Environmental Determination: CEQA Previously Certified Environmental Impact
Report No. 339, Previously Approved Mitigated Negative Declaration and Mitigation
Monitoring Plan No. 302.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council approval of Zoning Code Amendment No. 2011 - 00098,
Miscellaneous Case No. 2011- 00493, Development Agreement No. 2010 - 00004, and
Council Meeting Minutes of May 17, 2011
Page 9 of 12
the termination of Development Agreement Nos. 2005 -00002 and 2005 -00003
(DEV2010- 00161) (Planning Commission meeting of March 14, 2011)
MOTION: S/M Find and determine that Previously- Certified Environmental Impact
Report No. 339 and Previously- Approved Mitigated Negative Declaration, including
Mitigation Monitoring Plan No. 302, together serve as the appropriate environmental
documentation for this request.
ORDINANCE NO. 6213 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending Subsections .010 and .040 of
Section 18.20.120 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code (Zoning
Code Amendment No. 2011 - 00098) (DEV2010- 00161).
ORDINANCE NO. 6214 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM (i) approving Development Agreement No.
2010 -00004 by and between the City of Anaheim and BRE Properties, Inc. (ii) making
certain findings related thereto, (iii) authorizing the Mayor to execute said agreement for
and on behalf of the City, and (iv) terminating Development Agreement Nos. 2005-
00002 and 2005 - 00003, as subsequently amended (DEV2010- 00161).
RESOLUTION NO. 2011 -073 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving an amendment to the Platinum Triangle Master
Land Use Plan (Miscellaneous Case No. 2011 - 00493).
Sherri Vander Dussen, Planning Director, reported the applicant, BRE Properties, was
requesting approval of a development agreement to allow the development of 400 apartment
units on two properties in the Platinum Triangle. The request also included proposed
amendments to the Platinum Triangle Mixed Use Overlay Zone and the Platinum Triangle
Master Land Use Plan to allow a modified on- street parking design.
In 2005, she stated, three development agreements were executed between the City and BRE
Properties on the two properties discussed this evening, as well as a third property identified as
Parcel 1. In 2009, Parcel 1 was developed with 320 unit apartment community known as Park
Viridian including a public park known as Magnolia Park. Parcels 2 and 3 were approved for
up to 451 units, however, she pointed out these parcels were never developed. The 400 units
now planned for Parcels 2 and 3 represented a slight reduction of 51 units from the original
plans for the site. Although the developer intended to initially market the 400 unit project as an
apartment community, a tract map approved in conjunction with the 2005 development
agreement remained in place and this map would allow the existing and the proposed
apartment units to be sold as condominiums in the future.
Since the original approval of this project, she added, the market and economic climate
changed and financing for the previously approved podium style development which included
subterranean parking with apartments built above was difficult to attain. As a result this
application proposed a different product type which included a combination of surface and
subterranean parking and would feature four levels of stacked flats over one level of semi -
subterranean parking. Ms. Vander Dussen pointed out it was designed in a contemporary
urban style and would complement existing development in the area.
In addition to the development agreement, the applicant requested an amendment to the
various documents governing development in the Platinum Triangle. These changes would
allow diagonal parking along all connector streets within the Platinum Triangle subject to
approval by the City Engineer. Connector streets, she explained, were two -lane undivided
Council Meeting Minutes of May 17, 2011
Page 10 of 12
roadways intended to serve traffic which started or ended on that roadway. Currently, only
parallel parking was allowed on these connector streets and the applicant's plan proposed
diagonal parking along one side of Wright Circle between Parcels 2 and 3. This diagonal
parking, she stated, would allow additional visitor spaces to be located outside of the project
gates and would provide convenient areas for drop off and pick up. The City Engineer, she
added, was supportive of this request and the Planning Commission found the project and
proposed amendments to be consistent with the vision and planning principles for the Platinum
Triangle Master Land Use Plan. Staff recommended Council approve the proposed
development agreement and related amendments.
Mayor Tait opened the public requesting the applicant to speak first.
Steve Sheldon, BRE Properties, explained the Park Viridian project was the only LEED gold
development in Orange County and BRE Properties were applying for LEED certification for
the other two parcels as well. He added Park Viridian apartments were the most affordable
units in the Platinum Triangle and for that reason, they maintained a 98 percent occupancy
rate. BRE properties concurred with the conditions of approval and looked forward to this next
phase of development.
William Fitzgerald, representing HOME, opposed this development due to high density,
potential parking problems, and a downgraded product.
Steve Sheldon, BRE properties, responding to the Mr. Fitzgerald's comments, stated all three
projects were condominium projects but because of market conditions, they were being rented
at this time. This was an interim basis, he added, and when the market changed, the owner
would have the option to sell the units and make a profit. He pointed out this phase of the
development were the same size units as others in the Platinum Triangle; however, this
particular project contained more three bedrooms than any other development to attract
another level of clientele. He added that the parking was per code and because of the semi -
subterranean construction and four levels of wood flats over the semi - subterranean
construction; the price of construction would be reduced by 30 percent. He pointed out this
project was also less dense that other developments approved in the Triangle and was 52 units
per acre rather than 71 -75 units per acre. The angled parking, he added, was also a benefit to
the area as it made better use of a small internal street, making it more efficient and slowing
down traffic as cars move through the street.
With no other comments offered, Mayor Tait closed the hearing.
Council Member Eastman remarked she had met with the developer and representative to
understand the project prior to making her decision this evening, adding that the information
provided by the developer was the same information given at this hearing. She was impressed
that the total number of units had been reduced and that a portion of it would be larger in
square footage and more luxurious to address a market seeking more than two bedrooms and
would support the project.
Mayor Pro Tern Sidhu disclosed he had also met with the applicant and representative. He
was supportive of the project as it would keep the economic momentum going in the City and
set a good standard for 2011 by increasing revenues and creating additional jobs.
Council Member Galloway remarked she had visited Park Viridian, the first phase of BRE
Properties development and was impressed with the quality as well as its LEED Gold
certification and 98 percent occupancy rate. She would also support the project.
Council Meeting Minutes of May 17, 2011
Page 11 of 12
Council Member Murray remarked it was important to have an opportunity to support quality
workforce housing and to have developers of this type choose Anaheim. She would support
the project with its proposed LEED certification and transit oriented development, which would
provide additional range of affordability to Anaheim's workforce.
Mayor Tait asked staff to respond to earlier public comments stating the project was under
parked, a cracker box development and a downgraded project from the initially proposed
condominium development. Ms. Vander Dussen responded that the zoning code required 692
parking spaces and the developer was providing 730 spaces, more than what was required by
code. In addition, the majority of the units proposed would have one or two bedrooms with 25
three - bedroom units included, all ranging between 1,029 square feet to 806 square feet. She
added there was a condominium map on the project that would allow the developers to sell the
units individually, however they were currently planning to rent. She emphasized there was no
change in building standards between condominium units and apartments. Mayor Tait
indicated that he had also met with the developer and received the same information as
discussed this evening. He thanked the developer for choosing to invest in Anaheim,
recognizing there was competition for investment capital and other choices and areas
available.
Mayor Pro Tern Sidhu moved to find and determine that the Previously- Approved Mitigated
Negative Declaration including Mitigation Monitoring Plan No. 302, together served as the
appropriate environmental documentation for this request; and to introduce ORDINANCE NO.
6213 OF THE CITY OF ANAHEIM amending Subsections .010 and .040 of Section
18.20.120 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code (ZCA No. 2011 - 00098)
(DEV2010- 00161); and to introduce ORDINANCE NO. 6214 OF THE CITY OF ANAHEIM (i)
approving Development Agreement No. 2010 -00004 by and between the City of Anaheim and
BRE Properties, Inc. (ii) making certain findings related thereto, (iii) authorizing the Mayor to
execute said agreement for and on behalf of the City, and (iv) terminating Development
Agreement Nos. 2005 -00002 and 2005 - 00003, as subsequently amended (DEV2010- 00161);
and to approve RESOLUTION NO. 2011 -073 OF THE CITY OF ANAHEIM approving an
amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2011-
00493); seconded by Council Member Murray. Roll Call Vote: Ayes — 5(Mayor Tait and
Council Members: Eastman, Galloway, Murray and Sidhu). Noes — 0. Motion Carried.
Report on Closed Session Actions: None
Council Communications:
Council Member Murray reported she had worked with Sacramento legislators on City
sponsored legislation, SB 847, a bill prohibiting medical marijuana dispensaries within 600 feet
of schools and residential uses, disclosing that the City paid for airfare only. As Metropolitan
Water District's newest representative, she announced May was Water Awareness month and
on May 19th at the Anaheim Farmers Market, Public Utilities staff would be hosting a booth to
distribute literature and other information relative to conserving water. She also announced the
following community events: Meals on Wheels volunteer luncheon held May 17th, and several
events scheduled for May 19 : the Annual Muzeo Bowl Fundraiser with proceeds going directly
to Muzeo children's programming and the Family Justice Center Spring reception. In addition,
the Annual St. John the Baptist Greek Festival would be held May 19 through the 21S
celebrating 50 years in the City, the 19 Annual Arts Council Festival was scheduled for May
21 S and the 40th Annual Anaheim Beautiful Gala would be held on June 1 St
Council Meeting Minutes of May 17, 2011
Page 12 of 12
Council Member Galloway had attended the Orange County Transit Authority Bike to Work Rally
on May 16'', remarking County bicyclists had pledged to ride 41,500 miles this year. She also
visited the Path Mall in Los Angeles with Council Member Eastman, remarking it was a "one -
stop° model designed to offer services to the homeless with over 20 on -site social service
providers under one roof. Services included case management, substance abuse counseling, a
job employment center, mental health services, legal advocacy, and health care all free of
charge and designed to break the cycle of homelessness by empowering individuals. She
announced the Anaheim Dance Festival Committee fund - raiser to be held on June 5"' and
recognized Anaheim city employee, Elsa Covarrubias, Plan Check Coordinator.
Mayor Pro Tem Sidhu announced the Annual Free Health Fair to be held on June 12
encouraging the community to take advantage of the many services available at no charge. He
also discussed the Orange County Job Fair to be held on June 15 t h, at The GardenWalk, stating
that it was an opportunity to find out what jobs were available and to speak with employers
actively recruiting personnel. He added, this month celebrated National Public Works Week and
provided an opportunity to thank Anaheim Public Works staff for their service to the community.
Lastly, he congratulated Lisa Stipkovich on her retirement and thanked her for her years of
service.
Council Member Eastman called attention to volunteer opportunities available in the City, with
programs such as the Anaheim CERT program and Meals on Wheels, all programs that could
not operate without volunteers.
Mayor Tait spoke of his attendance at the Relay for Life event, the 15 Annual W.A.N.D.
barbeque at Twila Reid Park and the Art Crawl Experience. He also thanked Lisa Stipkovich for
her many years of service and reported his attendance at the Big 10 California Mayor's meeting
in Sacramento this January, and the Board of Governors meeting in New York in April. He also
provided updates to his State of the City initiatives: the Regulatory Relief Taskforce and the Hi
Neighbor Program.
Adjournment:
At 6:41 P.M., Mayor Tait adjourned to June 7, 2011 at 2:00 P.M. for the FY 2011112 Budget
Public Hearing.
R spe Ily submitted, 'kp
inda N. Andal, CMC
City Clerk