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2009/09/22 ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF SEPTEMBER 22, 2009 The regular meeting of September 22, 2009 was called to order at 3:00 P.M. and adjourned to 4:30 P.M. for lack of a quorum. Mayor Pringle called to order the adjourned regular meeting of September 22, 2009 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 September 18, 2009 on the kiosk outside City Hall. PRESENT: Mayor Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring 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 (CLOSED SESSION): None At 4:35 P.M., Council adjourned 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: Priceline.com, Inc., et al. v. City of Anaheim et al., Orange County Superior Court, Case No. 30 -2009 00244120 and related cases. 2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code) Number of potential cases: Two At 5:52 P.M., Council session was reconvened. Invocation: Pastor Ken Kalina, First Presbyterian Church Flag Salute: Mayor Pro Tem Bob Hernandez Presentations: Presentation of the Pacific Coast Builders Conference Golden Nugget Grand Award Ken Ryan, KTGY Group, announced the City of Anaheim, OCTA and KTGY had been nationally recognized for design of the ARTIC terminal, receiving the "golden nugget" grand award acknowledging excellence in design. He thanked Council and staff for its vision and commitment to this project. Acceptance of Other Recognitions (To be presented at a later date): Proclaiming October 2009 as Lupus Awareness Month Proclaiming October 4 10, 2009 as Fire Prevention Week City Council Minutes of September 22, 2009 Page 2 of 12 Chief Roger Smith accepted the proclamation, announcing the various fire station open houses scheduled during this week offering fire prevention information for the community at large. Recognizing Susan Talevich on retirement form First Presbyterian Church Pastor Ken Kalina announced Susan Talevich had been the First Presbyterian's sole continuing organist for the last 64 years, remarking she would receive this recognition during a celebration on Sunday. ADDITIONS /DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all items except public hearing): Craig Sheets spoke of the impacts of methamphetamine labs in the state. Michael Baker, Boys and Girls Club, announced 10,000 new Halloween costumes had been donated and were now available for school aged children in the City. He also informed the community of a grant received from the Bureau of Justice which allowed the Boys and Girls Club to provide free ID cards for children. Curt B., referencing Item 23, objected to the engineer's recommendation to award to the low bidder overriding certain discrepancies in the bid submittal. Specifically, he objected to waiving a requirement for a certificate for instrumentation to be included with bid submittals, incomplete information provided for subcontractors and exceeding the contract mobilization maximum of four percent. CONSENT CALENDAR: Council Member Hernandez removed Item No's. 8, 18, 19, and 30 for further discussion, Mayor Pringle pulled Item No. 23 and Council Member Galloway removed Item No. 6. Council Member Kring moved to waive reading in full of all ordinances and resolutions on 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 Sidhu. Roll call vote: Ayes 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. 1. Receive and file the minutes of the Golf Commission meetings of February 26, B105 2009, April of 23, 2009, June 25, 2009 and July 23, 2009; Senior Citizens Commission meeting of July 9, 2009; Community Services Board meeting of July 9, 2009; Public Utilities Board meeting of July 15, 2009; Housing and Community Development Commission meeting of July 15, 2009; Parks and Recreation Commission meeting of July 22, 2009 and Library Board meeting of August 10, 2009. 2. Review the need for continuing the local emergency heretofore proclaimed by the D175 Director of Emergency Services as ratified by previous action of the City Council concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive and the Hidden Grove Lane /Fox Glen Drive area in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. 2 City Council Minutes of September 22, 2009 Page 3 of 12 3. Confirm the appointment of the Mayor and City Manager as the City's two B105 representatives to the Anaheim Prep Sports /Activities Foundation Board of Directors. 4. Approve the Investment Portfolio Report for August 2009. D117 5. Adopt the amended City of Anaheim Hazardous Materials Area Plan, as revised D129 in July 2009. 7. Approve expenditure re- appropriations from FY 2008/09 to FY 2009/10 for D128 projects previously approved by the City Council but not yet completed. 9. Waive the sealed bid requirement of Council Policy 4.0 and approve the First AGR- 4973.1 Amendment to Agreement with Mariposa Horticultural Enterprises authorizing an increase of $146,750 to the City's eastside right -of -ways landscape maintenance contract and authorize the Purchasing Agent to take the necessary actions to implement the change in the related documents. 10. Waive the sealed bid requirement of Council Policy 4.0 and approve the Third AGR- 3611.3 Amendment to Agreement with Turbo Data Systems, Inc., authorizing an increase of $30,000 to provide on -line payment processing services for parking citations. 11. Accept the bids of Collision Masters Auto Body Paint Specialists, AutoCraft D180 Autobody, Inc., Maaco Auto Painting and Bodyworks, Total Collision Auto Body, and A R Active Auto Works, Inc., in a combined not -to- exceed amount of $500,000, for automotive body repair services, for a one year period with four one -year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #7294. 12. Award the contract to the lowest responsible bidder, Pouk Steinle, Inc., in the amount of $2,660,000, for the Underground Electric Rehabilitation project AGR -5872 (Mohler Drive /Country Hill Loop Overhead) and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 13. Award the contract to the lowest responsible bidder, Belaire -West Landscape, AGR -5873 Inc., in the amount of $77,707, for the Brookhurst Street median island improvement, authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions and increase the Public Works Department's FY 2009/10 revenue and expenditure appropriations by $100,000 for a Growth Management Area grant from OCTA. 14. Award the contract to the lowest responsible bidder, Sequel Contractors, Inc., in AGR -5874 the amount of $5,938,871.72, for the Katelia Avenue Smart Street Improvement project from Jean Street to Humor Drive, authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions and increase the Public Works Department's FY 2009/10 revenue and expenditure appropriations by $3,600,000. 15. Award the contract to the lowest responsible bidder, Henkels McCoy, in the AGR -5875 amount of $1,429,911.79, for the Lewis Substation 69kV Breaker Replacement 3 City Council Minutes of September 22, 2009 Page 4 of 12 project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 16. Approve the Right -of -Entry and License Agreement with Anaheim Investors, LLC AGR -5876 permitting the City, on a temporary basis, the right to utilize an additional AGR- 5878eventy -nine parking spaces for the Canyon Metrolink Station public parking. 17. Approve the Right -of -Entry Agreement with Hall Anaheim Realty, LLC for AGR -5877 property located at 2002 -2025 South Manchester Avenue for the Gene Autry Way (West) /I -5 HOV Interchange project. 20. Approve and authorize the Public Utilities General Manager to execute the Short- AGR -5879 Term Firm Point -to -Point Transmission Service Agreement and the Short-Term AGR -5880 Non -Firm Point -to -Point Transmission Service Agreement with the Los Angeles Department of Water and Power, including the annual renewals for a period not to exceed five additional years, to minimize overall power supply costs and improve flexibility in energy transaction alternatives and authorize Public Utilities General Manager to execute any other related documents and take necessary actions to implement the agreements, including the purchase and /or reservation of transmission service under the agreements. 21. Approve, in substantial form, the First Amendment to the Power Sale Agreement, AGR- 5410.1 Site Lease and Services Agreement, Interconnection Agreement and the AGR 5410.1 Management and Operating Agreement with Southern California Public Power AGR-5410.H Authority for the Canyon Power Project. 22. Approve and authorize the Public Utilities General Manager to execute the First AGR- 4364.1 Amendment to the Water Facility Design and Installation Agreement with Irvine Community Development Company, LLC for the Mountain Park Development. 24. Approve and authorize the Public Utilities General Manager to execute certain AGR- 4746.A.1 agreements, other related documents and take actions required to implement the following two agreements: 1) Assignment and Assumption Agreement with Structure Consulting Group, LLC "Structure and Ventyx Energy, LLC "Ventyx wherein Ventyx assumes the rights, duties and liabilities identified in the Master Consulting Agreement and the 2) Amendment to the Master Consulting Agreement with Ventyx, in an amount not to exceed $291,784, to allow for an expanded scope of work in assisting the Public Utilities Department with the California Independent System Operator market redesign and technology upgrade activities. 25. Approve and authorize the City Manager to execute the Workforce Investment AGR -5884 Act Vendor Agreements with the North Orange County Regional Occupational AGR -5885 Program and Orange County Conservation Corps. for provision of youth development under the Workforce Investment Act. 26. RESOLUTION NO. 2009 -155 A RESOLUTION OF THE CITY COUNCIL D175 OF THE CITY OF ANAHEIM rescinding prior Resolution No. 2008 -205 regarding real property located at 3101 East La Palma Avenue (RNV ACQ2006- 00252). 27. RESOLUTION NO. 2009 -156 RESOLUTION OF THE CITY COUNCIL D182 OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manager or 4 City Council Minutes of September 22, 2009 Page 5 of 12 her designee to submit such applications on behalf of the City of Anaheim to the California Energy Commission for all available cost share matching grant funding under the Public Interest Energy Research Program, and if awarded, authorizing the acceptance of such assistance on behalf of the City. 28. RESOLUTION NO. 2009 -157 RESOLUTION OF THE CITY COUNCIL D129 OF THE CITY OF ANAHEIM authorizing the Fire Chief or his designee to accept a grant award on behalf of the City of Anaheim from the Office of Domestic Preparedness of the Department of Homeland Security for the fiscal year 2008/09 Assistance to Firefighters Grant Program (AFGP) and additionally authorize the budget for fiscal year 2009/10 to be amended accordingly. Authorize the Finance Director to carry forward into future fiscal years any unexpended appropriations. 29. ORDINANCE NO. 6156 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending various Sections of Title 1, Title 14, Title 17 and Title 18 of the Anaheim Municipal Code (Zoning Code Amendment No. 2009 00079; Introduced at City Council meeting of September 1, 2009, Item No. 18). 31. Approve minutes of the regular meetings of August 25, 2009 and September 1, 2009. END OF CONSENT: 6. Approve the 2010 Health and Welfare Plan Rates and authorize the Human D154 Resources Director to execute all required provider agreements on behalf of the City. Council Member Galloway remarked she had been contacted by certain bargaining units who were unaware of the proposed health rate changes and requested the item be continued to allow her time to look into this concern. Mayor Pringle inquired if staff had any problems with continuing this item to the next agenda. Kristine Ridge, Human Resources Director, stated her department had begun working on proposed health rates last spring and that each of the bargaining units had representatives attending the Health Council who were well aware of the proposed changes. Tom Wood, City Manager, added this item was time sensitive as it was necessary to prepare written materials to inform employees as to their options for open enrollment which occurred October 7 through October 21, explaining that a delay of two weeks would not offer enough time for open enrollment changes. Mayor Pringle requested this item be reconsidered later in the agenda, while staff contacted the bargaining units to clear up this issue. At 7:15 P.M., after consideration of off consent items, Council returned to consideration of Item No. 6. The City Manager remarked staff had placed calls with three labor groups, and IBEW had returned the call attesting that the rate changes were presented to all bargaining units and that the AMEA president had been present at the most recent Health Council meeting. Council Member Galloway then moved to approve Item No. 6, seconded by Council Member Hernandez. Roll call vote: Ayes 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. 5 City Council Minutes of September 22, 2009 Page 6 of 12 8. Amend the FY 2008/09 budget by increasing appropriations in the City Attorney's D128 Office by $184,100. City Attorney Cristina Talley reported the requested budget increase detailed in Item No. 8 was for three unanticipated expenses. The first reflected advertising recruitment costs for the City Attorney's office (City Attorney and Senior City Attorney), the second for outside legal expenses related to assistance in preparation of environmental documents regarding the Platinum Triangle which had arisen as a result of litigation and the third referenced the Drummond trial, a case that had been pending for 10 years and for which litigation costs had exceeded budget. Council Member Hernandez moved to approve Item No. 8, seconded by Council Member Kring. Roll call vote: Ayes 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. 18. Approve the renewal of an agreement with the County of Orange Public Library AGR-3103.B to provide literacy services for the residents of Anaheim through the Library Division of the Community Services Department. Carol Stone, City Librarian, reported the Anaheim Public Library had been offering adult literacy services since 1997. She indicated this free, confidential program was offered to English speaking adults in Anaheim, was funded through a state grant received annually, and to save overhead costs for the last five years, had been contracted through Read Orange County for publicity, management, assessment and for the toll free numbers residents called for help. She added this was a lifeline program for so many residents who did not have reading, writing or math skills to be effective; especially in filling job applications, reading prescriptions or helping their children in schools. Council Member Hernandez thanked Ms. Stone for the report, remarking it was a vitally successful program and he wanted to ensure the public was aware of this service. He moved to approve Item No. 18, seconded by Council Member Kring. Roll call vote: Ayes 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. 19. Approve and authorize the Public Utilities General Manager to execute an AGR -5878 agreement with Symbiotic Engineering, LLC, in an amount not to exceed $285,450 over a two -year period, to provide a Sustainability Information Management System with related support services and authorize the Public Utilities General Manager to execute other related documents and take such actions as are necessary or required to implement and administer the agreement. Marcie Edwards, Acting Assistant City Manager, remarked this was an agreement with Symbiotic Engineering for the City to comply with state legislation and begin tracking and ultimately reducing greenhouse gas emissions. Specifically, she pointed out, AB 32 required current emissions of greenhouse gases to be reduced to the levels measured in 1990 by the year 2020 and although Anaheim maintained a vast amount of data that could be used to estimate greenhouse gas emissions, until now the information had not be integrated. By implementing this system, she added, Anaheim would formalize its approach to tracking and monitoring greenhouse gas, and the system would be 6 City Council Minutes of September 22, 2009 Page 7 of 12 Anaheim's primary mechanism to quantify compliance with applicable laws and evaluate the effectiveness of the variety of response strategies. Council Member Hernandez added he felt it was important to explain why the City waived the low bid requirement and recommended awarding to Symbiotic Engineering. Ms. Edwards remarked the difference between Symbiotic and the two lower bids was that neither of those bidders had an available product or any customers. The two low bidders offered to write a program to address tracking and monitoring greenhouse gases but had no demonstrable product at this time. The next bidder in line, Symbiotic, had a demonstrable product, a turnkey operation and had proven to be successful in other venues. In addition, she commented, the two lowest bidders also wanted Anaheim to host the information technology management system which carried with it a variety of costs and complexities that were not reflected in the bids. For those reasons, staff recommended awarding the bid to Symbiotic Engineering. Council Member Hernandez concurred and moved to approve Item No. 18, seconded by Council Member Galloway. Mayor Pringle requested that future bid information be included in Council's packet to illustrate where bidders fall within bid ranges submitted. Roll call vote: Ayes 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. 23. Award the contract to the lowest responsible bidder, GCI Construction, Inc., in CONT'D the amount of $1,548,500, for the Parkview Pump Station Expansion project, waive minor technical errors or discrepancies in the bid to best serve the interest of the City and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions (Contingent on approval of Item No. 22). Mayor Pringle requested staff address the earlier oral comments made relative to bid discrepancies by GCI Construction, Inc. Natalie Meeks, Public Works Director, stated the City had received a bid protest after the bids for the Parkview Pump Station project were opened and the low bidder identified. Staff researched the protest, discussed it with the City Attorney's office, who determined in writing it was appropriate to waive the minor inconsistencies in the bid document and to award to the lowest bidder, GCI Construction. Mayor Pringle requested a fuller explanation of the points addressed earlier by the second low bidder. Cristina Talley, City Attorney, responded that the missing certificate was produced and submitted immediately after the bid opening process which did not give the low bidder an unfair advantage. Referencing the incomplete subcontractor information, Ms. Meeks stated she would have to review the bid submittal to determine whether information had been omitted but pointed out it was not something that had raised a concern for the City in reviewing the bid proposals. Responding to the mobilization comment, Ms. Meeks indicated she had not been aware there was a limitation; however, since the low bidder was $50,000 under the next low bidder, it would not have been a concern. After some discussion, Mayor Pringle requested this item be continued to the next Council meeting to allow for further review of the protest letter and a detailed explanation of those concerns. Further discussion with staff revealed continuing the meeting until October 13, 2009 would not impact the construction schedule for the project. With no objection from Council, Mayor Pringle continued this item to October 13, 2009. 7 City Council Minutes of September 22, 2009 Page 8 of 12 30. ORDINANCE NO. 6157 (INTRODUCTION) AN ORDINANCE OF THE M142 CITY OF ANAHEIM adding new Section 1.04.955 to Chapter 1.04 of Title 1 of the Anaheim Municipal Code establishing the Anaheim Sister City Commission. Government Relations Manager, Greg Garcia reported this ordinance would establish the Anaheim Sister City Commission. Offering historical background, he explained the existence of a sister city program dated back to 1976 when the City formed a partnership with Mito, Japan and since that time, Anaheim had entered into one other partnership, the city of Vitoria Gasteiz, Spain in 1988. Throughout its existence, Mr. Garcia remarked, the sister city program in Anaheim had been managed by the Anaheim Sister City Association (ASCA), a non profit group formed by a group of Anaheim residents primarily responsible for creating a student exchange program with Mito, as well as various other cultural exchange programs and delegations throughout the life of the program. Currently, he noted, the ASCA operated without any oversight from the Anaheim City Council. He stated Council had recently requested staff look into the creation of a Sister City Commission in order to refocus the mission of the program and expand its objectives and goals. Without any official oversight of the management of the program, he pointed out, Council's decision to expand the goals and objectives had been difficult to achieve. The proposed ordinance creating the sister city commission would assume management of the existing sister city relationships, as well as allowing the Commission to act as an advisory board to Council on all sister city related activities. The board would consist of 15 members, ten appointed by Council, with the remaining five representing various business, education and tourism sectors of the City. The primary responsibility of the Commission would be to maintain existing relationships while allowing Council to play a more central role in guiding the overall mission and goals of the sister city program. He ended his presentation stating there would be no impact on the general fund and the Commission would be financed through fund raising activities and various private contributions. Mayor Pringle commented he had asked staff to bring this proposal to Council as the City had virtually played no role in establishing sister city relationships, yet was required to approve a sister city relationship under the guidelines of the International Sister City Association. Interested in expanding the program goals and objectives, he felt there was value in establishing a formal sister city commission in the city. Council Member Hernandez stated this legislation was well crafted and would provide an opportunity to move the sister city program forward, including encouraging participation from the business and tourism sector. He also requested Council consider identifying a protocol officer using existing staff to assist in bridging relationships between foreign countries as another component to the sister city commission. He moved to introduce the ordinance for first reading. Council Member Galloway concurred, remarking the establishment of an official Commission and encouraging participation from Anaheim's business and cultural sectors would be a good forward step for the sister city program. Council Member Kring was supportive; however, she believed a board of 15 members was too unwieldy. Council Member Sidhu was fully in support of this effort to seek economic development and international commerce with other sister city relationships. 8 City Council Minutes of September 22, 2009 Page 9 of 12 Mayor Pringle emphasized that selecting five commissioners via recommendations from the Visitors and Conventions Bureau, the Anaheim Union High School District and the Chamber of Commerce was valuable in that those organizations had a vested interest in the City's success and would not diminish Council's ability to vote to approve or deny their recommendations. Council Member Hernandez introduced ORDINANCE NO. 6157 OF THE CITY OF ANAHEIM adding new Section 1.04.955 to Chapter 1.04 of Title 1 of the Anaheim Municipal Code establishing the Anaheim Sister City Commission, seconded by Council Member Sidhu. Roll call vote: Ayes 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried PUBLIC HEARINGS: 32. CEQA, CATEGORICAL EXEMPTION, CLASS 1 C220 ADJUSTMENT NO. 11 TO THE NORTHEAST AREA SPECIFIC PLAN (SPN2009- 00056) CONDITIONAL USE PERMIT NO. 2008 -05361 OWNER: Paul Nikolau, Nikolau Living Trust, 10387 Los Alamitos, Los Alamitos, CA 90720 AGENT: Juan M. Reynoso, 1160 North Kraemer Boulevard, Anaheim, CA 92806 LOCATION: 1160 North Kraemer Boulevard The applicant proposes an adjustment to the Northeast Area Specific Plan (SP94 -1), La Palma Core Area (DA3) to include conversion of a freestanding full service restaurant into a nightclub as a conditionally permitted use. The applicant proposes a nightclub concurrent with the request to amend the specific plan. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 1 (Existing Facilities). ACTION TAKEN BY THE PLANNING COMMISSION: VOTE: 4 2 (Chairman Karaki and Commissioners Ament, Faessel and Ramirez voted "yes Commissioners Buffa and Romero voted "no Commissioner Agarwal absent): Recommended City Council adoption of an Ordinance approving SPN2009- 00056 (Adjustment No. 11 to the Northeast Area Specific Plan No. 94 -1) Recommended review and approval of Conditional Use Permit No. 2008 -05361 with the Specific Plan Adjustment No. 2009 00056, with deletion of Condition No. 25 (PC2009 -067) (Planning Commission meeting of July 8, 2009) MOTION: H/K Approve a Categorical Exemption, Class 1 ORDINANCE NO. 6158 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM approving Adjustment No. 11 to the Northeast Area Specific Plan No. 94 -1 and amending Ordinance No. 5517, as previously amended, and amending subsection.050, of Section 18.120.080 Chapter 18.120 of Title 18 of the Anaheim Municipal Code relating to Development Area 3 (the conversion of a freestanding full service restaurant to a nightclub). 9 City Council Minutes of September 22, 2009 Page 10 of 12 RESOLUTION NO. 2009 -158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2008- 05361. Sheri Vander Dussen, Planning Director, reported the Xalos Bar was an existing nightclub located in a building which housed a restaurant since 1963. Although Xalos had been in operation since 2003, the location, she pointed out, had never been entitled as a nightclub use and the owner proposed an amendment to the Northeast Area Specific Plan to allow the nightclub as a conditionally permitted use and concurrently, requested approval of a conditional use permit to allow Xalos Bar to operate as a nightclub rather than a restaurant. She noted a conditional use permit to allow entertainment in the restaurant building had been approved in 1980 and the conditions imposed at that time were intended to regulate a restaurant with accessory entertainment. The applicant, she commented, stated they had attempted to operate as a restaurant with entertainment in the past but did not believe such a business could be successful in this location which was primarily industrial. She noted that both prior to and during the current ownership, this site had generated a high volume of calls for service with the Police Department responding to fights, drunk driving, assaults, vandalism on surrounding sites and a variety of other disturbances and crimes, indicating the conditions of approval on the existing permit had proved inadequate to properly regulate a nightclub. In November of 2006, Ms. Vander Dussen stated staff had approved an increase in the permitted occupancy of the building from a maximum of 299 persons to 687. These changes had been evaluated for consistency with fire and building code requirements but not with conformances with the provisions of the conditional use permit in place at the time. The physical changes needed to increase occupancy further changed the character of the use from a restaurant to a nightclub and were not consistent with the original permit. Following this increase in occupancy, Ms. Vander Dussen stated, police officers observed an increase in the demands for their services and as the number of patrons of the nightclub increased, the business did not provide security levels necessary to insure the safety of patrons. The types of service calls, she added, also became more serious changing from nuisance calls to assaults and other felonies. Ms. Vander Dussen announced if this request was approved, it would allow the City to implement new conditions of approval that would address this nightclub use. She noted staff and the applicant worked closely together to craft conditions that would allow the business owner to operate a successful nightclub in a manner that would protect the public interest and surrounding properties. The applicant agreed upon an initial occupancy limit of 550, significantly Tess than the current limit as staff believed by restricting the occupancy, the demands for police services could be managed by the required private security personnel. The occupancy limit would also reduce the number of cars arriving to the site, decreasing parking impacts upon the surrounding business community. In addition to limiting the building's occupancy, the applicant agreed to make other changes to its current operations. The valet parking would be discontinued which would allow cars to park close to building and encourage patrons to use parking provided by the business. It would also disperse the crowd at closing time more quickly as opposed to having patrons wait in one long queue which had led to fights and other arguments. The applicant also agreed to allow frequent unannounced inspections by staff ,to obtain approval of a security firm from the Police Department, and to a time 10 City Council Minutes of September 22, 2009 Page 11 of 12 limitation of six months on the conditional use permit. During those six months, staff would monitor the effectiveness of the conditions and the applicant would have the opportunity to demonstrate his business could be run in a manner that did not disrupt the area or require a disproportionate amount of police services. The applicant had also expressed an interested in requesting an increase in the occupancy limit after the initial six month period. Ms. Vander Dussen ended her presentation, stating staff believed the proposed code amendment and conditional use permit would allow this business to continue to operate as a nightclub while minimizing impacts on adjacent properties and demands for City services and recommended approval of the specific plan amendment and the conditional use permit to Council. Mayor Pringle opened the public hearing for comments. Rick Blake, attorney Xalos Bar, remarked the applicant had worked with staff throughout this process to reach a solution palatable to all parties. The location, he stated, was on Kraemer Boulevard, north of the 91 freeway and south of Orangethorpe, was in a solid industrial area containing many vacant buildings which made it difficult to operate successfully as a restaurant. He added the rent was relatively high and not subject to negotiation and to get away from the requirement to provide 40 percent food under the current permit, the applicant was requesting to operate as a nightclub. He added the applicant had worked with the Police Department, Code Enforcement and with the Planning Department, agreed to eliminate valet parking and had hired a security consultant who would continue to work to insure the nightclub was doing everything possible to operate safely. Council Member Hernandez emphasized this building had been constructed for operation as a restaurant and had not been an industrial building converted to a nightclub as some members of the community believed. Mr. Blake confirmed the restaurant site had been in operation with an ABC license since 1960. David Chavez, resident, opposed nightclubs, in general, on moral grounds. With no other public input offered, Mayor Pringle closed the hearing. Council Member Hernandez moved to approve the environmental Categorical Exemption, Class 1, to introduce ORDINANCE NO. 6158 OF THE CITY OF ANAHEIM approving Adjustment No. 11 to the Northeast Area Specific Plan No. 94 -1 and amending Ordinance No. 5517, as previously amended, and amending subsection.050, of Section 18.120.080 Chapter 18.120 of Title 18 of the Anaheim Municipal Code relating to Development Area 3 (the conversion of a freestanding full service restaurant to a nightclub) and to approve RESOLUTION NO.2009 -158 OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2008 05361; seconded by Council Member Kring. Council Member Galloway asked, after all of the violations mentioned earlier, why staff had recommended approval of this item. Ms. Vander Dussen responded that violations had occurred and police services were needed most nights, however the owner did obtain legal counsel and a security consultant and had been cooperative in working with staff and because of the conditions now imposed, staff felt it was appropriate to give the applicant a six month demonstration period. She added the Planning Commission could revoke the conditional use permit if the conditions of approval were not met. Mayor Pringle congratulated both the Planning and Police staff for working with the applicant and coming up with a solution and agreeing to provide a business owner with a chance to address violations and make a success of this operation. 11 City Council Minutes of September 22, 2009 Page 12 of 12 Roll call vote: Ayes 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. Report on Closed Session Actions: None Council Communications: Mayor Pro Tem Hernandez reported on the passing of Christie Romero, Vice Chair of the Cultural Heritage Commission and Community Development Retiree, Veronica Anzevino. He announced the following upcoming events: Transportation Chili Cook -Off to be held on September 23 the Book Faire to be held on October 7th and 8 and the Phoenix Club Oktoberfest. He spoke of the announcement by the National Weather Service calling a Red Flag Alert from September 22 -24 for southern California and encouraged residents to sign up for Anaheim Alert to receive emergency notifications. He further announced the Disability Act Access Solutions for Housing forum to be held on October 14 and encouraged participation in the 2010 Census. Council Member Galloway recognized City employee Bob Cerince, Community Services Supervisor of the Community Services Department. Council Member Kring announced the Annual Race for the Cure to be held on September 26 and the Oktoberfest celebration to be held by the Anaheim Hills Rotary Club on October 3rd at the Oak Canyon Nature Center. She spoke of the history of the Ramon Peralta Adobe historic site and asked the City Manager to assist with moving the permit process along for signage at the site. Council Member Sidhu reported on his participation in the Anaheim Graffiti Clean -Up and the Plastic Recycling event at the YMCA. He reported on Cal State Fullerton's Economic /Environmental report which indicated that the Southern California leading economic indicator had increased by .092 percent. He also announced the Flu Preparedness and the Influenza H1 N1 seminar to be held on September 29 Mayor Pringle reported on his meeting in Washington, D.C. regarding transportation and congratulated Disney for the success of the D23 Expo. He announced the following upcoming events: 3rd grade Gift of History to be held at the Convention Center on October 6 the Muzeo Annual Gala and grand opening of the Napoleon exhibit on October 10 the Mayor's Prayer Breakfast to be held on October 15 and the Tiger Wood's Learning Center Fundraiser on October 17 Adjournment: At 8:01 p.m., with no other business to conduct, Mayor Pringle adjourned the September 22 Council meeting. Re ully subm ted, Linda N. Andal, CMC City Clerk 12