2010/05/04ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED
MEETING OF MAY 4, 2010
The meeting of May 4, 2010 was called to order at 3:00 P.M and adjourned to 4:00 P.M.
for lack of a quorum. Mayor Pringle called to order the regular adjourned meeting of
May 4, 2010 at 4:11 P.M. in the Chambers of Anaheim City Hall located at 200 South
Anaheim Boulevard. A copy of the agenda was posted on April 30, 2010 on the kiosk
outside City Hall.
PRESENT: Mayor Curt Pringle and Council Members: Lord Galloway, Bob Hernandez,
Lucille Kring and Harry Sidhu.
STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City
Clerk Linda Andal
WORKSHOP: GRADE CROSSING SAFETY IMPROVEMENT PROJECT ON THE
LOS ANGELES -SAN DIEGO RAIL CORRIDOR
Natalie Meeks, Public Works Director, introduced Darrell Johnson, Deputy CEO, Orange
County Transportation Authority (OCTA), to update Council on this project.
Darrell Johnson began his presentation reporting that in 2005, the OCTA Board had
approved a program of projects to expand Metrolink service focusing on moving the
current Monday through Friday peak hour service to a more usable service throughout
the day, on weekends and for late night activities. He indicated the program included a
$380 million investment in new rail cars, stations, tracks and signal improvements.
Fullerton and Laguna Niguel Stations were under construction and in terms of the
railroad crossing safety enhancement improvements; there were a total of 51 in eight
cities with 14 of the grade crossings within Anaheim. He added the grade crossing
project was an $85 million program, fully funded at this point in time with a combination
of Measure M 1 funds, Measure M 2 funds as well as Proposition 116 funds. Currently,
he emphasized, this was the single largest safety crossing program in the United States
and OCTA was working collaboratively with the Federal Railroad Administration (FRRA)
and the California Public Utilities Commission (CPUC), both of whom referred to this
program as a model of rail safety for the nation. He pointed out it was a comprehensive
program, not phased, although it would take some time to construct and implement. It
would be done over a relatively fast 20 to 24 month period and would place all of the
crossings within the Metrolink system in Orange County into the same state of safety.
Included in that program, was rail safety education, considered an important component
for educating motorists, pedestrians, bicyclists and school children in understanding
what the future of rail service would look like. More importantly, he emphasized, when
all construction work was completed and capital improvements as well as crossing
improvements were made, each individual city would be able to file a "Notice of
Establishment' with the FRRA to establish a quiet zone. When that paperwork was filed,
the locomotive horns would not need to be blown routinely at the 51 crossings, an
important aspect of the program.
Council Meeting Minutes of May 4, 2010
Page 2 of 8
He discussed construction, stating new medians were being added which would also
coordinate traffic signals with rail signs so as trains approached the crossing, the street
traffic signals would also be coordinated and traffic would move properly from a safety
perspective as well as a traffic flow perspective. In addition, there would be pedestrian
gating and sidewalks added where there were none as well as tactile stripping for ADA
accessibility and safety. That construction model, he informed Council, would be the
standard where sidewalks crossed the rail corridor.
Mayor Pringle understood the medians were added to insure pedestrians did not venture
around gates, and inquired if all four sides of the crossing would have a vehicular gate
as well. Mr. Johnson responded that it depended on the individual crossing and a
couple of other issues. As an order of preference, he further explained, the FRAA and
CPUC started with 100 foot long medians, but for some sites, it was not possible to have
a median on each side. In that case, two gates would be used, one on each side. An
exit gate would be the third gate and possibly a fourth if needed. Pedestrian gates, he
explained, would be added at every crossing where there was a sidewalk or if there was
not a sidewalk, one would be added. When a train crossed, a vehicular gate would
come down and in most cases there would be a median so pedestrians could not cut
around the gate, and then there would be a gate that came out next to the sidewalk to
completely seal off pedestrians, vehicles and bicyclists from the train crossing. One of
the reasons for the pedestrian gate, he noted, was because during the planning stages,
on -site analyses made it clear that there were far more pedestrian and bicycle activities
than was thought and with (PODS and other technologies, the horns and whistles were
not doing as much for safety as they hoped. From a safety perspective, he added, the
gate was becoming more important particularly when there were multiple tracks.
Mayor Pringle commented that because the FRAA wanted an entity to be liable if
someone was hit by a train by jumping gates, OCTA was enhancing these grade
crossings to the highest safety zone standard in order for cities to choose to go to the
next step to a quiet zone by addressing liability. Mr. Johnson responded that was right,
in general, however he added that federal law states if you follow these safety
regulations, there should be no need for liability but if there was an issue, it would accrue
to the entity that designated a quiet zone. He added only cities where crossings were
located were the eligible public entities and OCTA could not make application for a quiet
zone.
Mr. Johnson provided a graphic representation of the rail corridor noting it was over 42
miles, with 51 grade crossings and about $170 million of construction work going on to
support the service extension as well as a number of other projects, such as a grade
separation underway in Irvine. This was important as OCTA could not do all of the
construction at once while keeping 42 daily Metrolink trains, 22 daily Amtrak trains and 6
or 8 freight trains working. Thus, the work had to be scheduled in such a manner that
kept streets open, trains operating and construction projects working in a safe and
operable manner. To accomplish that, Mr. Johnson reported that a series of five
groupings was created. The first group would be completely finished in August 2010.
Anaheim was in Group 2 and Group 3 with two Metrolink lines, one for service out to
Riverside, San Bernardino and Corona areas and the other line that served Metrolink
and Amtrak service. Group 2 would be fully completed in November 2010 and in
January 2011; the other segment of rail line in Anaheim was expected to be completed
as well.
Council Meeting Minutes of May 4, 2010
Page 3 of 8
He pointed out while cities had to file the specific document for a quiet zone, OCTA
would work with each city in the county as well as FRAA and CPUC to insure the
document contained the right information, was done in a comprehensive manner, was
consistent with neighboring cities and that safety aspects were done in a collaborative
manner. The time frame for receipt of quiet zone status should be within 21 days of
application.
He explained that the schedule was slightly later than originally proposed because there
was a protest on signal materials late last year which cost OCTA some time. He noted
that Proposition 116 funds which dated from the early 90's would sunset in June of this
year, but the OCTA board went through many discussions and decisions to figure out
how to retain the funds and not lose them. On April 7 he remarked, California
Transportation Commission allocated just under $31 million in Prop 116 funds for the
grade crossing program which delayed the schedule by four to six months to work
through the funding process but proved profitable with the end result of saving $31
million in Measure M funds. He added OCTA was trying to recover as much of the
original schedule as possible; they are working with each city to accelerate the
permitting process, where appropriate, and also working with the contractor to increase
the number of work crews.
Most of the program, he commented, was funded with Measure M 2 with the exception
being the $30 million of Prop 116. As Measure M 2 would not come into effect until April
of 2011, the Prop 116 funds saved money in the capital program and the escalation of
construction costs and cities received the benefit of safety sooner than if OCTA waited
for the funds to arrive on a pay -as- you -go basis. He again emphasized, this was the
largest quiet zone in the nation and the new rail cars being assembled in the inland
empire would have 140 seats, a stainless steel shell and crash energy management/
safety features.
Mayor Pringle remarked that the existing LOSAN railroad corridor was the main corridor
going through the center of Anaheim Station to Santa Ana and was presently serviced
by Metrolink and Amtrak with a few freight cars. He asked what the capacity would be
when the voter approved Measure M 2 expansion plan was built -out. Mr. Johnson
remarked that presently there were 42 Metrolink and 22 Amtrak trains per day and the
full build -out would have 76 daily Metrolink trains running (every half hour throughout
most of the day and every 15 minutes during the morning and evening peak hours.)
Mayor Pringle added the high speed rail discussion contained a shared use option
utilizing the same train corridor. He asked if addition of a third rail in that corridor would
be necessary with or without high speed rail. Mr. Johnson responded that beyond the
76 daily train levels, more than two tracks would be needed. Mayor Pringle brought up
this point to emphasize that with the Metrolink expansion plus maintaining at least the
same amount of capacity for Amtrak service in that corridor, the service was pushing up
against the two track capacity in the area south of Fullerton and there was a potential for
high speed rail to relieve some of that capacity. Mr. Johnson added that in absence of
high speed rail, the capacity of Metrolink service would have to be built out to service the
demand that was believed to be between Orange County and Los Angeles, which might
not be affordable by OCTA. By having high speed rail as a partner, the benefits with
both regional trains and local commuter trips could be shared.
Mayor Pringle stated Darrell Johnson was an expert on rail needs having formerly
worked for Amtrak for a number of years as well as having overseen OCTA's rail
Council Meeting Minutes of May 4, 2010
Page 4 of 8
program. The Mayor acknowledged there were critics of high speed rail saying it was
unnecessary but there were plans already in place to add more Metrolink service
approved by voters and there was now a need to discuss complementary ways to
develop the entire system. Mr. Johnson added that he believed the San Diego /LA
corridor was the best potential in the nation for high speed rail. In 1991, 1.7 million
passengers were using that service and at the end of 2008, nearly 9 million passengers
used the system. .
Sarah Swenson, Community Outreach Liaison, reported a comprehensive focus was
developed primarily on construction outreach which included any road detours, lane
closures, night and weekend work and some of the disturbances that could have an
impact to residents. The basis for the outreach was safety and to insure everyone
knows to stay off the railroad right -of -way and train tracks. She indicated there was a
project hot line and open houses were conducted, if cities chose to do so for
communities. The safety messages, including bilingual messages, targeted all the
demographics including children. She indicated the most recent, up -to -date information
could be found on the OCTA website as well as Twitter and Facebook.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
At 4:44 P.M., City Council adjourned to closed session for the following items:
CLOSED SESSION ITEMS:
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
At 5:05 P.M., Council session was reconvened.
Invocation: Pastor Joel Van Soelen, Anaheim Christian Reformed Church
Flag Salute: Mayor Pro Tern Harry Sidhu
Acceptance of Other Recognitions (To be presented at a later date):
Recognizing the recipients of the Girl Scout Gold and Silver
Awards
Proclaiming May 2010, as Water Awareness Month -
Don Calkins, Assistant General Manager, Water Services, accepted the proclamation on
behalf of the Public Utilities Department. During this month, he announced Anaheim
Public Utilities had a number of events, programs and incentives to encourage reduction
of outdoor water use.
The Anaheim Redevelopment Agency and the Anaheim Housing Authority were
convened for a joint public comment session with the Anaheim City Council.
Council Meeting Minutes of May 4, 2010
Page 5 of 8
ADDITIONS /DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items):
Casey Long, Chance Theatre, remarked there were two weeks remaining for "Welcome
Home Jenny Sutter' encouraging the community to see this timely military drama.
Paul Andreason, Anaheim Family YMCA, thanked Council for supporting the YMCA with
grant funds and announced the June 6` Tenth anniversary celebration at Pearson Park.
Robert Bullock, Maraga Street resident, requested Council's help with a neighbor who
continually complained to the city on neighborhood code enforcement issues. He
indicated various other residents were present as well and felt harassed by this situation.
Mayor Pringle referred Mr. Bullock to the Planning Director who would discuss his
concerns and provide Council with an update on this matter.
James Robert Reade, resident, read a portion of his police report.
CONSENT CALENDAR: At 5:21 P.M., Council Member Kring moved to waive reading
in full of all ordinances and resolutions and to adopt 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 Galloway. Roll call
vote: Ayes - 5; Mayor Pringle, Council Members: Hernandez, Galloway, Kring and
Sidhu. Noes - 0. Motion Carried
5. Receive and file minutes of the Budget Advisory Commission meeting of
8105 November 18, 2009.
6. RESOLUTION NO. 2010 -046 A RESOLUTION OF THE CITY COUNCIL
D175 OF THE CITY OF ANAHEIM authorizing the Director of Public Works to protest
or waive the City's right to protest the State Department of Transportation's
written notice of its intent to relinquish certain highways, city streets, frontage
roads and other local roads.
7. RESOLUTION NO. 2010 -047 A RESOLUTION OF THE CITY COUNCIL
D160 OF THE CITY OF ANAHEIM ratifying the submission of a grant application by
the City of Anaheim's Chief of Police's designee, on behalf of the City of
Anaheim, to the California Emergency Management Agency, for the 2009 Urban
Areas Security Initiative (UASI) grant program, and authorizing the acceptance of
such grant on behalf of the City, and amending the budget for fiscal year 2009 -10
accordingly, and identifying projects scheduled for grant funding.
Authorize the Purchasing Agent to make the appropriate purchases as approved
by the Department of Homeland Security in the Investment Justification proposal,
and if Council Policy 4.0 is in conflict with federal or state procedures governing
this grant, waive those conflicting provisions of Council Policy 4.0 and authorize
the Purchasing Agent to comply with the appropriate federal or state procedures
with regard to purchases made under this grant.
8. ORDINANCE NO. 6170 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending subsection .020 of section 18.18.060 of Chapter 18.18 of
Title 18 of the Anaheim Municipal Code relating to building height exception
Council Meeting Minutes of May 4, 2010
Page 6 of 8
(Zoning Code Amendment No. 2010 - 00089; single - family homes within Tract No.
17289; Introduced at Council meeting of April 27, 2010, Item No. 24).
PUBLIC HEARING:
9. CEQA MITIGATED NEGATIVE DECLARATION
C280 GENERAL PLAN AMENDMENT NO. 2009-00475
RECLASSIFICATION NO. 2009-00229 (DEV2009- 00069)
OWNER: Carl L. Karcher, Karcher Partners, P.O. Box 2985
Newport Beach, CA 92659
APPLICANT: James Yoder, Steadfast Companies, 4343 Von Karman Avenue
Suite 300, Newport Beach, CA 92660
LOCATION: 401 West Carl Karcher Way and 1325 North Anaheim Blvd.
REQUEST: The applicant proposes to redesignate the property from the Office
Low and Industrial designations to the General Commercial land use designation
and reclassify the property from the Industrial (1) and Transition (T) zones to the
General Commercial (C- G)zone in anticipation of future commercial
development.
Environmental Determination: A Mitigated Negative Declaration has been
determined to serve as the appropriate environmental documentation for this
project in accordance with the provisions of the California Environmental Quality
Act (CEQA).
ACTION TAKEN BY THE PLANNING COMMISSION:
VOTE: 7 -0 Recommended City Council adoption of General Plan Amendment
No. 2009 -00475 (Resolution No. PC2010 -016) and approved Reclassification
No. 2009 -00229 (DEV2009- 00069) (Resolution No. PC2010 -017), including
revisions to the conditions of approval and mitigation monitoring program
(Planning Commission meeting of March 15, 2010)
MOTION: S/G Determine that a Mitigated Negative Declaration is the
appropriate environmental documentation for this request.
(Approved Vote: 5 -0)
RESOLUTION NO. 2010 -048 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM approving General Plan Amendment No.
2009 -00475 pertaining to the land use element (DEV2009- 00069).
RESOLUTION NO. 2010 -049 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM approving Reclassification No. 2009 -00229
(DEV2009- 00069).
At 5:34 P.M., the public hearing was considered.
CJ Amstrup, Planning Services Manager, reported the applicant was proposing to
change general plan and zoning designations on an 18 -acre property in anticipation of
future commercial development. The property, owned by the Karcher family, had a
Carl's Jr. Restaurant located on the Harbor Boulevard frontage, the Karcher Enterprises
office building located on Anaheim Boulevard and another office building located on Carl
Karcher Way. He stated the applicant proposed to amend the General Plan to
redesignate portions of the property from low intensity office and industrial designations
to the general commercial designation. He pointed out a portion of the property on the
northeast corner of Carl Karcher Way and Harbor Boulevard already had this
designation where the Carl's Jr. Restaurant was sited. He noted the applicant also
proposed to rezone a portion of the property from the industrial and transition zones to
Council Meeting Minutes of May 4, 2010
Page 7 of 8
the general commercial zone which was consistent with the proposed general plan
designation and would accommodate future commercial development. The proposed
CG zone permitted a broad range of retail office restaurant hotel and service uses. Mr.
Amstrup stated staff recommended approval of the proposed land use changes as the
property's size and exposure along two major arterial highways and the 91 freeway was
conducive to successful retail and office development. He added the applicant was
considering various potential development options if the proposed general plan
amendment and rezone were approved with final development plans to be reviewed by
the Planning Commission.
Mayor Pringle opened the public hearing for comment.
Jim Yoder, Steadfast Companies, remarked he was providing development and real
estate services for the Karcher partners and the Karcher family. He remarked there
were existing buildings on the property, including the Carl Karcher Enterprises office
building where financing and information technology flowed into a secured office
building. Another industrial building, now vacant, had a damaged roof and would be
demolished as part of future redevelopment and a separate vacant corporate
headquarters was now the home of UEI College, a school specializing in post secondary
education and recently opened for business. All of this area, he remarked, would be part
of the future redevelopment that would be brought through at a later time to the Planning
Commission for consideration. He added his firm had been marketing this property for
over a year to retailers, restaurants, financial institutions as well as hospitality and
medical businesses and would continue to do so. The plan was to incorporate five to six
buildings in the new redevelopment area in such a way that existing buildings became
integrated and that circulation and access worked effectively.
With no other comments received, Mayor Pringle closed the hearing.
Council Member Sidhu moved to determine the Mitigated Negative Declaration was the
appropriate environmental documentation for this request and to approve RESOLUTION
No. 2010 -048 of the City of Anaheim approving General Plan Amendment #2009 -00475
pertaining to the land use element; and to approve RESOLUTION NO. 2010 -049 OF
THE CITY OF ANAHEIM approving Reclassification No. 2009 - 002229; seconded by
Council Member Galloway. Roll Call Vote: Ayes — 5: Mayor Pringle and Council
Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried.
Report on Closed Session Action: None
Council Communications: Council communications were considered at 5:23 P.M.
prior to the public hearing which had been duly noticed for 5:30 P.M.
Mayor Pringle congratulated the Public Utilities team for today's groundbreaking of a 200
megawatt power plant in the Anaheim Canyon business area, the first power plant to be
built in California in the last two years. He stated it was a tremendous achievement for
the City to be able to provide clean power through natural gas - powered turbines equal to
providing power to 150,000 homes. .
Council Member Hernandez also commended City staff on the groundbreaking of the
Canyon Power Plant and announced upcoming activities in recognition of Water
Awareness Month.
Council Meeting Minutes of May 4, 2010
Page 8 of 8
Council Member Galloway spoke of the tragic passing of Adrian Ramos and the East
Street community's response to this tragedy. She invited all to walk with her at the Walk
for Peace with the theme "Rising Above Violence" on Tuesday, May 11 • She also
recognized City employee, Jennifer Evangelista, Code Enforcement.
Council Member Kring announced the following upcoming events: West Anaheim
Neighborhood Development Council's Annual BBQ to be held on May 8 Anaheim
Firefighters' Association's annual "Fill- the - Boot" campaign to raise money for the
Muscular Dystrophy Association to be held on May 15 at Harbor and Katella and the.
Taste of Anaheim on May 13 taking place at the shops at GardenWalk. She added
Anaheim would also be hosting a Wellness Seminar to be held on May 26 at the
downtown community center.
Council Member Sidhu, commented on the Canyon Power Plant project, stating it would
create 200 new construction jobs and when completed, could be up and running within
10 minutes rather than the traditional 60 minutes. He indicated it could also be controlled
remotely and was built with sustainable elements. All water to be used to cool down the
system would be recycled water, the roof would have solar panels and ice terminal
energy units would be used to clean the building. He commended staff for persevering
with the permitting process.
He further reported on his attendance at the 40 Annual Cinco de Mayo Fiesta at La
Palma Park and commended the Paint Your Heart Out volunteers who painted 26
Anaheim homes for low /moderate- income seniors as well as the 180 parents who
participated in the 5K Walk/Run to benefit Anaheim High School. He also announced the
upcoming Orange County Job Fair on June 2 anticipating 150 -200 employers would
be available for job seekers.
Adjournment:
At 5:52 P.M., with no other business to conduct, the May 4, 2010 Council meeting was
adjourned.
Respectfully submitted,
ad� A,0(70
Linda N. Andal, CMC
City Clerk