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2011/04/2611 ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF APRIL 26, 2 The City Council meeting of April 26, 2011 was called to order at 3:00 P.M. and adjourned to 4:00 PM for lack of a quorum. The regular adjourned meeting of April 26, 2011 was called to order at 4:06 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on April 22, 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 WORKSHOP — PROJECT VIEWFINDER: Natalie Meeks, Public Works Director, explained that coordination of projects to insure repaved streets were not immediately excavated for utility construction or other demands was always a goal of staff but until now, efforts were not productive nor as cost effective as they could have been. In an effort to find a better way to coordinate not only City projects but outside utility projects such as Verizon, AT &T and others, Ms. Meeks worked with Rudy Emani, Design Services Manager, and Reid Watkins, Public Utilities Department, to come up with an internal tracking system. With their expertise, GIS technology was utilized and all planned and current City projects were identified and described on a user - friendly map which just went live on Anaheim's website, available to staff, the public as well as businesses, developers and contractors. Reid Watkins explained the purpose of Project ViewFinder was to provide up -to -date information about the City's construction plans. This mapping tool would help keep residents, businesses, developers, contractors and utility companies informed about Anaheim's current and upcoming projects. Residents could use Project ViewFinder to learn more about the construction projects and improvements taking place in their neighborhood or along their commute. Businesses could track Anaheim's future and current construction projects, as well as find out how to partner with the City in providing high quality, cost effective services to the Anaheim community. He then demonstrated user - friendly aspects of this program. By clicking on Project ViewFinder on Anaheim's website, a map would appear with 260 projects identified, both current and planned. The projects were listed as: electrical, water, sewer and storm, street, and miscellaneous and could be searched by address, intersection, ID number or the type of project. By hovering over an icon on the map, a project description, schedule, location, and contact name would be identified for the user. In addition to projects, street moratoriums were identified as well. He added this effort would reduce project costs and impacts to the public by coordinating paving and traffic control. Ms. Meeks added this was another tool for residents and businesses to understand what was going on in their area and to contact the City if questions or concerns arose. Council Member Eastman recommended demonstrating this program to the neighborhood councils with Council Member Murray concurring and recommending the Chamber of Council Meeting Minutes of April 26, 2011 Page 2 of 7 Commerce be made aware of the program as well. Each member of council voiced their support for this effort. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:24 P.M. Mayor Tait recessed to closed session for the following items: CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Ghuneim v. The City of Anaheim, et al., OCSC Case No. 30 -2010- 00375415 2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Initiation of litigation pursuant to Subdivision (c) of Government Code Section 54956.9 - Seven potential cases At 5:09 P.M., City Council session was reconvened. Invocation: Pastor Nathan Gnaniah, East West Church Flag Salute: Mayor Pro Tern Harry Sidhu Presentations: Orange County Transportation Authority Resolution of Appreciation to the City of Anaheim OCTA Board Member Peter Buffa thanked Anaheim for acting as a leader in support of Measure M over the years as he presented a Resolution of Appreciation from OCTA. Measure M legislation, he stated, had been a remarkable success in the County with over $4.1 billion in transportation improvements received, $200 million which were earmarked for Anaheim. He added many of the major projects, such as the Interstate 5 improvements had made a real difference in the quality of life for Anaheim commuters. Recognizing the Canyon High School Girls Basketball Team for winning the 2011 CIF Southern Section Division IIA Girls Basketball Championship Head Coach Matt Dale introduced and recognized the winning team members. Acceptance of Other Recognitions (To be presented at a later date): Recognizing the AIDS Walk Orange County on their 25 Anniversary Pearl Jamison -Smith remarked she had been a participant in this event for 25 years, thanking the City for their recognition and pointing out the funds raised would stay in the County and be distributed to nine AIDS related agencies for their use. Recognizing the Bristol Park Medical Group on their 50 Anniversary Council Meeting Minutes of April 26, 2011 Page 3 of 7 Proclaiming April 30, 2011, as Mormon Helping Hands Day in the City of Anaheim Charles Darrington, Anaheim resident representing the Mormon Church and California Stake Church of Jesus Christ of Latter Day Saints, discussed the Church's requirements for community services and announced members of the Church would be working in seven City parks this Saturday under the direction of City staff. Recognizing the recipients of the Anaheim Chamber of Commerce Women's Division Annie Accolade Awards At 5:31 P.M., Mayor Tait called to order the Anaheim Redevelopment Agency (in joint session with the City Council). ADDITIONS /DELETIONS TO THE AGENDAS: At the request of staff, Mayor Tait, with no objection by Council, continued Item No. 3 to May 3, 2011. PUBLIC COMMENTS (all agenda items): William Fitzgerald, Anaheim Home, discussed the budget deficit and recommended elimination of the Anaheim Fire Department. Alone Larsen announced the next art crawl scheduled for Saturday, May 14 outlining the various events to take place and urged the community to participate. In addition, Ms. Larsen announced the 15 Annual WAND barbecue and the Historical Home tour on the same weekend, and the Anaheim Ballet open house. She noted on May 21 at, a free children's art festival was scheduled and the Gold Exhibit would wrap up its event on May 29 at the Muzeo. In conjunction with Ms. Larsen, Carol Latham requested Council's assistance towards parking consideration for guests attending these events in the downtown area in May. She added that visitors were now taking part in the downtown activities and the Art's Council wanted to insure visitors were not ticketed during those events. Mayor Tait recommended discussing this issue with the City Manager to find a solution. Colleen McVane remarked the Anaheim Shelter had been operating transitional housing for the last 23 years by partnering with the City to insure families had a safe place to live. She asked Council to support Agency Item #1, a request for funding to rehabilitate the shelter and make sure housing was available to those in need for years to come. Dave Stahovich, provided Council with copies of a lawsuit issued on behalf of his family regarding the Donovan project. He believed his due process rights had been violated as he was not able to speak to Item No. 11 on the consent calendar and because the recommendation was to deny the rehearing. He indicated there was new information from a proposed development at 3323 Westphal Road in which traffic and other studies showed cumulative impacts created by the Donovan project. Chad Brown, Melia Homes, addressed his comments to Item No. 11, stating this was a single family residential project that had been fairly reviewed in four separate hearings, with environmental analysis held in three separate public review periods prior to the public hearings. He added as a result of direction by this City Council, setbacks had been modified to improve the project and he respectfully requested Council deny the request for a rehearing. Council Meeting Minutes of April 26, 2011 Page 4 of 7 Lisa Ball, South Coast Air Quality Management District, presented the City with a 2011 update of the Agency's accomplishments for 2010 and goals for 2011. Jennifer Gonzales, Southern California Gas Company, looked forward to working with the City again as SOCAL's public affairs manager, remarking on her long -term connection to Anaheim. Art Stahovich spoke in support of the rehearing request referenced in Item No. 11 on the agenda. At 5:47 P.M., the Anaheim City Council session was briefly recessed and reconvened at 5:48 P.M. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING 3. A joint public hearing between the Anaheim Redevelopment Agency and the City to consider a Commercial Lease Agreement by and between the Anaheim Redevelopment ARA161 Agency and Anaheim Arena Management, LLC, regarding certain real property located at 290 S. Anaheim Blvd (continued from meeting of April 12, 2011, Item No. 03). At the request of staff, the joint public hearing was continued to May 3, 2011 at 5:00 P.M. CONSENT CALENDAR: Council Member Murray recused herself from action on Item No. 17 and Mayor Tait requested an abstention be recorded for him regarding Item No. 12 due to a potential conflict of interest. Council Member Eastman also removed Item No. 17 from the consent calendar for further discussion. 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 4. Receive and file the minutes of the Library Board meeting of February 14, 2011. 8105 5. Approve the Investment Portfolio Report for March 2011. D117 6. Award the contract to the lowest responsible bidder, Unistrut International Corp., in the amount of $312,990.48, for the Anaheim Convention Center Arena rigging grid system AGR -6722 and speaker system project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 7. Approve the Third Amendment to Agreement with Hawran & Maim, LLC, formerly known AGR - 1546.6.3 as Donahue, Hawran & Maim, LLC, to reflect a name change (appraisal services for the Public Works Department). 8. Approve an agreement with Anaheim Transportation Network for the Anaheim Resort Transit Restructuring Study Grant funded by the State of California Department of AGR -6723 Transportation Community -Based Transportation Planning grant program, authorize the Director of Public Works to take such actions necessary to implement the agreement, and increase the Department of Public Works fiscal year 2010/11 revenue and expenditure appropriation by $202,896. Council Meeting Minutes of April 26, 2011 Page 5 of 7 9. Approve an agreement with Anaheim Family YMCA, a non - profit corporation, to utilize AGR -6724 the Canyon High School pool to conduct public swim lessons for the residents of Anaheim. 10. Approve a model Attorney Services Agreements; authorize the City Attorney to negotiate and execute the agreements with law firms to provide legal services in substantial D112 conformance with the terms and conditions of the agreements, to take such actions necessary, advisable, or required to implement and administer the agreements, to make changes to the agreements that do not substantially change the terms and conditions of the agreements, and authorize the Risk Manager to modify insurance and indemnification provisions of the agreements so long as such modified provisions are in the City's best interests. 11. Deny the request for rehearing submitted by David P. Stahovich, related to the approval of Reclassification No. 2010 - 00238, Conditional Use Permit No. 2010 - 05515, Variance C280 No. 2010 - 04815, Tentative Tract Map No. 17387 and related actions by the City Council at its meeting on March 22, 2011 (851 and 905 South Western Avenue). 12. RESOLUTION NO. 2010 -053 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. 11415, 11416, 11417, 11418 and 11419). Mayor Tait recorded an abstention on this item due to potential conflict of interest. Roll Call Vote: Ayes — 4: (Council Members: Eastman, Galloway, Murray and Sidhu. Noes — 0. Abstention — 1: Mayor Tait. 13. RESOLUTION NO. 2010 -054 A RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM approving the conveyance by grant deed of the City's right, title and interest to 1051 North Patt Street (City Deed 11420). 14. RESOLUTION NO. 2010 -055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM appointing Alan Robert Burns as the new city hearing officer R100 pursuant to Section 1. 12.110 of the Anaheim Municipal Code, and approving an agreement for hearing officer services with Alan Robert Burns. 15. RESOLUTION NO. 2010 -056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM in support of "Business Friendly Principles" as part of the R100 Southern California Association of Governments' development of a Southern California Economic Growth Strategy. 16. ORDINANCE NO. 6208 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Section 18.20.170 of Chapter 18.20 of Title 18 of M142 the Anaheim Municipal Code, nunc pro tunc, to correct clerical errors in Ordinance No. 6192 previously adopted (Platinum Triangle Mixed Use Overlay Zone; introduced at Council meeting of April 12, 2011, Item No. 17). 18. Approve minutes of the Council meeting of April 12, 2011. Council Meeting Minutes of April 26, 2011 Page 6 of 7 END OF CONSENT CALENDAR: 17. ORDINANCE NO. 6209 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Subsection .010 of Section 18.44.110 M142 of Chapter 18.44 and Subsection .020 of Section 18.62.040 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code relating to wall signs and administrative reviews (Zoning Code Amendment 2011- 00094; DEV2011- 00003). Council Member Murray recused herself from action on this item Sheri Vander Dussen, Planning Director, reported this item was a City initiated request to amend the City's standards for wall signs and for administrative review of wall signs. Since the current sign code was adopted in 2004, she explained, the City received numerous requests from businesses in commercial and industrial zones to exceed the permitted letter height in the sign ordinance and to allow their logos to be larger than allowed by Code as well. As a result, staff prepared this ordinance which revised the language to accommodate business identification needs and believed it would also reduce the number of variances requested by businesses. These standards, she stated, would eliminate the letter height requirements for wall signs, increase the sign area based on the width of the building and would allow one sign per building elevation or three signs for buildings wider than 100 feet. Ms. Vander Dussen provided examples of the proposed sign amendments versus existing code. She ended her presentation stating the Planning Commission unanimously voted to recommend Council approve the sign ordinance amendment. Council Member Eastman pulled this item to view examples of the proposed signs. She thanked staff for streamlining the sign process and for taking a proactive step in reducing costs for businesses related to variance requests. Mayor Tait concurred in amending the ordinance to eliminate additional red tape for businesses. Council Member Eastman then moved to introduce ORDINANCE NO. 6209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Subsection .010 of Section 18.44.110 of Chapter 18.44 and Subsection .020 of Section 18.62.040 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code relating to wall signs and administrative reviews, seconded by Council Member Galloway. Roll Call Vote: Ayes — 4: (Mayor Tait and Council Members: Eastman, Galloway and Sidhu. Noes — 0. Abstention —1: (Council Member Murray). Motion Carried. 19. Consider an appointment to fill an unscheduled vacancy on the Sister City Commission, term ending June 30, 2011. 8105 APPOINTMENT: Kendall Paine (vacancy of Carrie Nocella) Council Member Eastman nominated Kyndall Paine to the Sister City Commission, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu). Noes — 0. Motion Carried and Ms. Paine was unanimously appointed to the Sister City Commission. Report on Closed Session Actions: City Council authorized the City Attorney to initiate litigation on six (6) matters. Council Meeting Minutes of April 26, 2011 Page 7 of 7 Council Communications: Council Member Murray announced several upcoming community events: the 40 Annual Cinco de Mayo Festival to be held at La Palma Park, A Quarter Blues Enlightening Art Exhibit scheduled for April 29 through April 30 to raise funding and awareness for sexual abuse victims, and The Tinker Bell Half- Marathon to be held next January 27 -29, 2012. She also spoke about the success of Youth in Government Day held on April 20 which gave students an opportunity to learn more about government. Having previously recognized Anaheim's female department heads, Council Member Galloway took this opportunity to recognize and honor each of Anaheim's male department heads remarking their talent, expertise, and experience spoke to the City's strength and ability to overcome extraordinary difficult times and bring about success. Mayor Pro Tern Sidhu announced the 5 Annual Free Health Fair scheduled for June 12 at the Brookhurst Community Center. All services were free and he invited the community to attend and take advantage of these services. He requested this meeting be adjourned in memory of Bruce Pina, son of Pat Pina, Community Services Board Member, who passed away on Easter Sunday morning. Council Member Eastman spoke of her attendance at the Color of Light awards ceremony at the Muzeo which featured artists throughout the Anaheim high school system competing in every kind of artistic style. She added the winning poster which tied in with Anaheim's "Kindness" theme, was called The Golden Rule and would be displayed in high schools for the rest of the year. Regarding the proposed community garden, she reported staff had identified potential sites which might be available and urged volunteers interested in gardening to consider participating in the ad hoc task force being formed. Mayor Tait spoke of the Project ViewFinder workshop, commending staff for making this available to the public. He envisioned this effort to expand in the future to contain a wider range of information for the public. Adjournment: With no further business to conduct, Mayor Tait adjourned the April 26, 2011 meeting at 6:14 P.M., in memory of Bruce Pina. Winda tfully sub tted, jl � . An dal, CIVIC City Clerk