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2009/01/27ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF JANUARY 27, 2009 The regular meeting of January 27, 2009 was called to order at 3:00 P.M. and for lack of a quorum adjourned to 5:00 P.M. The regular adjourned meeting of January 27, 2009 was called to order by Mayor Pringle at 5:09 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on January 23, 2009 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, Acting City Attorney Cristina Talley, and City Clerk Linda Andal. Invocation: Deacon Raymond Duthoy, St. Justin Martyr Flaa Salute: Council Member Harry Sidhu At 5:13 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency in joint session with the City Council for the purpose of receiving public comments. ADDITIONSIDELETIONS TO THE AGENDAS: Per the applicant's request, public hearing Item No. 28 was continued to February 10, 2009. PUBLIC COMMENTS (all agenda items): William Fitzgerald, resident, objected to Disneyland daily fireworks, citing health hazards for nearby residents. Christine Marie, Orange County Business Council, urged approval of Item No. 18, the City's enterprise zone application, stating it offered valid tax incentives and would expand the City's economic base. Sarah Bartzack read a letter from the Anaheim Chamber of Commerce in support of Item No. 18, stating the enterprise zone would provide direct economic benefits to companies within the zone as well as new opportunities for work for Anaheim citizens. John Santioanni introduced himself to Council, remarking he was seeking the vacant seat on the Cultural and Heritage Commission and had a passion for the arts, held a master's degree in film from New York University and looked forward to assisting the city. Douglas Mitchell requested a discussion with the Chief of Police, stating he had been falsely incarcerated. Details to be provided to Chief John Welter. Don Meyer, resident, reported trash problems and signal light malfunctions he had seen while taking walks throughout the City. Details to be provided to Natalie Meeks, Anaheim's Public Works Director. City Council Minutes of January 27, 2009 Page 2 of 8 A resident who wish not to disclose her name, provided Council with a photo of tagging that had occurred on her residential block wall, expressing her concern in finding out the tagging related to a gang within the California prison system. Mayor Pringle stressed this Council had similar concerns relative to graffiti and had made its prevention and removal a high priority in the City, and explained some of the programs underway. Another resident who wish not to disclose her name, reported park users in Maxwell Park were negatively impacting neighbors from 1 p p.m. to early morning. Ms. Smith, County island resident, praised the quick response by Anaheim Utility and Southern California Edison in addressing power pole wiring concerns in her back yard. She expressed appreciation of their efforts in working together to address her problem and looked forward to the annexation of her area to the City. CONSENT CALENDAR: Council Member Kring requested Item No. 4 be removed from the consent calendar for further discussion, Council Member Sidhu pulled Item No. 15, and Council Member Galloway removed Item No. 18. Council Member Kring moved to waive reading in full of all ordinances and resolutions on the balance of the consent calendar 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 Hernandez. Roll Call Vote: Ayes - 5; Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 3. Receive and file minutes of the Library Board meeting of December 8, 2008. B105 5. Accept the donation of one set of two Tyler Special Operations Platforms from 5.11 D160 Tactical Products for use on the City's police helicopters to carry personnel. 6. Endorse the submittal of the development of Heritage Park for consideration by D150 Supervisor Norby for Fourth District Fund 130 (Park Development) funding. 7. Approve revisions to the HOME Investment Partnerships Homebuyer Downpayment D155 Assistance Program to increase the program loan limits for low and moderate income households (related to Agency Item #01). 8. Approve the First Amendment to License Agreement with the Anaheim Family YMCA 4460.1 to rent the West Anaheim Youth Center gymnasium during scheduled non-peak use hours at a reduced rate of $30 per hour for afee-based sports program. 9. Approve the First Amendment to the Declaration Establishing Easements, Rights, 5320.1 Covenants, Conditions, and Restrictions with Makar Anaheim, LLC for repairs and maintenance of the Anaheim Convention Center and Hilton Hotel Parking Structure, known as Carpark 2, and authorize the Executive Director of the Convention, Sports & Entertainment Department to approve payments to Makar Anaheim, LLC. 10. Approve the Second Amendment to Agreement with KFM Engineering, Inc., in the 3955.2 amount of $115,000, for the La Palma Avenue/Kraemer Boulevard Intersection Improvement Project, bringing the total not-to-exceed amount to $455,000. City Council Minutes of January 27, 2009 Page 3 of 8 11. Approve the Second Amendment to Agreement with David Taussig & Associates, 4129.2 Inc., in the amount of $60,000, for special tax assessment services involving the Community Facilities District formation and Assessment- Districts for the Platinum Triangle Area, bringing the total not-to-exceed amount to $200,000. 12. Approve the Fifth Amendment to Agreement with CWA AIA, Inc. for consultant 3448.5 services to provide construction documents for the Phase 3 renovation addition to the Central Library Rehabilitation Project. 13. Approve the Agreement for Acquisition of Real Property with Premiere Asset 5585 Services, in the acquisition payment of $431,000, for property located at 1771 South Garden Lane, for the Katella Avenue Smart Street Project Humor Drive to Jean Street (R/W ACQ2005-00245). 14. Approve the Agreement for Acquisition of Real Property with Donavon L. Knapp and 5586 Judith A. Knapp, Trustees, in the acquisition payment of $32,394.45, for property located at 1776 Dallas Drive, Unit D, for the Katella Avenue Smart Street Project Humor Drive to Jean Street (R/UV ACQ2005-00247). 16. Determine, on the basis of the evidence submitted by Steadfast Investment 4830 Properties, Japos, Inc. and 2130 Dupont Company, that the property owners have complied in good faith with the terms and conditions of Development Agreement No. 2007-00001 for the 2008 review period for the Platinum Tower Project in the Platinum Triangle. 17. Adopt the City's ticket policy in conformance with the provisions of California Code of E155 Regulations, Section 18944.1, as amended by the Fair Political Practices Commission, effective February 8, 2009. 19. RESOLUTION NO. 2009-016 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM vacating excess street right-of-way located at the northeast corner of North Kemp Street, pursuant to California Streets and Highway Code Section 8330, et seq.- Summary Vacation (Abandonment No. ABA 2008-00193). 20. RESOLUTION NO. 2009-017 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. 11218, 11219, 11220, and 11222). 21. RESOLUTION NO. 2009-018 A RESOLUTION OF THE CITY COUNCIL OF THE P109 CITY OF ANAHEIM finding that it is in the best interest of the City to authorize the sale of City owned surplus property without complying with the City Charter Section 1222 and authorize City to enter into a purchase and sale agreement with Kaiser Foundation Hospitals for the sale of City owned surplus property comprising of the southwest end of Grove Street (ACQ 6228). City Council Minutes of January 27, 2009 Page 4 of 8 22. ORDINANCE NO. 6127 (ADOPTION) OF AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the Zoning Map Referred to in -Title 18 of the Anaheim Municipal Code Relating to Zoning (Reclassification No. 2008-00215; Introduced at Council meeting of January 13, 2009, Item No. 26). 23. Approve minutes of the Council meeting of January 13, 2009. END OF CONSENT CALENDAR 4. Approve tk~e City Treasurer's Investment Portfolio Report for December 2008. Dll7 Council Member Kring congratulated City Treasurer Hank Stern on receiving the prestigious AAA rating from Standard & Poor's and moved to approve Item No. 4, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 15. Approve an agreement with Orange County Animal Care Services for animal control 1458K and shelter services for the period of January 1, 2009 through June 30, 2009 and approve an amendment to increase the Planning Department's FY 08/09 expenditure appropriations by $199,893 (Continued from the meeting of January 13, 2009, Item No. 08). Council Member Sidhu requested a breakdown of changes to the Orange County Animal Care services report modified since its submittal at the previous Council meeting. Sheri Vander Dussen, Planning Director, reported the increase of almost $200,000 from the budgeted amount was primarily due to an increase in Anaheim animal impounds and service calls. She indicated in 2007, there were over 7,000 field calls and in 2008, those numbers increased to over 9,000 calls for service. She noted there were some capital improvements made to Orange County's-facility, however the majority of the increased funds related to increased services to Anaheim residents. Council Member Sidhu requested an accounting as to where the increased budget funds would be utilized. Mr. Steve Franks, Director of Orange County Community Resources indicated neither staff nor salaries had been increased. He explained any revenues, such as impound fees, offset the total cost of operations and any overages were then distributed proportionately among the 19 contract cities based on usage. He emphasized Anaheim had a higher usage than the previous year. Mayor Pringle commented that where Anaheim had an increase in service calls, other jurisdictions might have had a reduction in service or remained the same which balanced out the total budgeted amount. While Council Member Hernandez was not in favor of an additional $200,000 budget augmentation, he felt the increase in services was an obligation the City agreed to in the contract and moved to approve Item No. 15, seconded by Council Member Kring. Council Member Sidhu requested an internal audit monitor how those increased dollars were used. City Manager Dave Morgan indicated staff would work with the County and provide feedback to Council on this issue. Roll call vote: Ayes - 4 (Mayor Pringle and Council Members: Galloway, Hernandez and Kring. Noes - 1 (Council Member Sidhu). Motion Carried. City Council Minutes of January 27, 2009 Page 5 of 8 18. RESOLUTION NO. 2009-015 A RESOLUTION OF THE CITY COUNCIL OF THE D159 CITY OF ANAHEIM approving an application to the California Business, Transportation and Housing Agency for designation of the Anaheim Enterprise Zone. Janet Coe, Economic Development Manager, explained the State Enterprise Program had been established in the mid-1980's as an effort to link job creation opportunities in commercial and industrial areas with distressed residential areas suffering from high unemployment, low income growth and low median income. Currently, she reported the State legislature authorized 42 enterprise zones statewide and the opportunity to apply only came about when the 15-year period for existing zones expired. She added those existing zones must reapply and competing jurisdictions could apply for designation at that time. In 2009, she pointed out, there were opportunities for four enterprise zone designations and Anaheim was eligible to apply having identified residential census tracts that met the distressed criteria. She added the Department was also able to link those residential areas with nearby industrial and retail commercial areas where there would be job opportunities. She indicated the application was due March 27th and requested Council adopt the resolution authorizing the city to proceed with the application. Council Member Galloway asked for a time frame for creation of the zone, if the application was approved. Ms. Coe indicated if the application was successful, the CEQA requirements and any other conditions imposed by the State were met and a Memorandum of Understanding negotiated, the final designation could be received at the end of 2009 or early 2010. Council Member Galloway inquired if limits were placed on enterprise zone boundaries. Ms. Coe responded the limits had to do with commercial and industrial area equaling at least 51 percent of the total land area within the zone. Council Member Galloway remarked that this effort was awin/win situation and expressed her gratitude that City was applying for this type of assistance which would give incentives and create good paying jobs while concurrently considering distressed areas of the City. Mayor Pringle supported encouraging businesses to stay in the City and providing tax benefits for hiring local residents. Council Member Hernandez, after researching the pros and cons of enterprise zones, was in support of this effort to get the maximum return on tax dollars. He added this would send a message that Anaheim was abusiness-minded community. Council Member Kring moved to approve RESOLUTION NO. 2009-015 OF THE CITY OF ANAHEIM approving an application to the California Business, Transportation and Housing Agency for designation of the Anaheim Enterprise Zone, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 24. Ratify the nominations of ex officio, non-voting members of the Anaheim City School B105 District and Anaheim Union High School District to the Park and Recreation Commission, term to expire January 27, 2013: ACSD: James Vanderbilt, as ex-officio representative and Susan Preus, as alternate; AUHSD: Brian O'Neal, as ex-officio represe^'ative. Mayor Pringle : wed to app' . ~. ~ Item No. 24, seconded by Council Member Kring. Roll Call vote: Ayes - 5: iJlayor Pringle end Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried City Council Minutes of January 27, 2009 Page 6 of S 25. Consider an appointment to complete an unexpired term on the Cultural and Heritage B105 Commission, term to expire June 30, 2009 (Travis Randel). Appointment: John Santoianni Council Member Kring nominated John Santoianni for the vacant seat on the Cultural and Heritage Commission. With no other nominees offered, the straw vote reflected Ayes - 5, Noes - 0 and Mr. Santoianni was unanimously appointed. 26. Consider removing Irv Pickier from his position as Board .Member from the Orange 0144 County Water District (OCWD), for purposes of nominating a Council Member to complete his unexpired term, ending December 3, 2010. MOTION: Nominate and appoint a Council Member to the Orange County Water District to complete an unexpired term ending December 31, 2010. Appointment: Council Member Galloway requested this item be agendized due to the water crisis occurring throughout the State. She remarked that two-thirds of Anaheim's water was from groundwater overseen by the Water District Board and because of shortages and potential rationing of the water supply in the future, she felt an elected official should participate on that Board on behalf of the City and moved to rescind Mr. Pickier from his position as OCWD board member, seconded by Council Member Kring. Council Member Sidhu opposed this action, remarking Mr. Pickier had served Anaheim well on the board with his extensive knowledge and expertise. Council Member Hernandez remarked on the extensive time commitment required for board members and the importance of having an individual represent the City who had a good understanding of the issues and dynamics and supported Mr. Pickler's continued appointment. Council Member Kring stated she had nominated Mr. Pickier to the board several years ago at which time Mr. Pickier indicated he intended to remain no more than two years, a time frame that had been exceeded. Mayor Pringle remarked Mr. Pickier had served the City well and had been involved in a number of Anaheim issues, including the Burris Pit and possible future development on Anaheim lake property and would continue to support him as he demonstrated his continued commitment to the City. Roll call vote: Ayes - 1: Council Member Galloway. Noes - 4: (Mayor Pringle and Council Members Kring, Hernandez and Sidhu. Motion failed. PUBLIC HEARINGS: 27. This is a public hearing to consider a resolution amending the Planning Department's D159 fee schedule for FY 2008/09 to implement SB 1473. RESOLUTION NO. 2009-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2008-110 relating to fee and rate schedules for building, construction, Geographic Information System (GIS), and City Council Minutes of January 27, 2009 Page 7 of 8 National Pollutant Discharge Elimination System (NPDES) Permits, services and activities. Sheri Vander Dussen, Planning Director, reported SB 1473 became effective the first of this year and required each city and county to collect a supplemental fee from all applicants when issuing building permits. The fee was to support the actions of the California Building Standards Commission, the State Department of Housing and Community Development and the office of the State Fire Marshall with an interest on the development, adoption and publication of green building standards. The fee assessment, she reported, was $1 per $25,000 valuation and 90 percent of fees collected would be remitted to California Building Standards Commission with the City retaining 10 percent to cover administrative costs. Mayor Pringle opened the public hearing and receiving no comments, closed the hearing. Council Member Sidhu moved to approve RESOLUTION NO. 2009-019 OF THE CITY OF ANAHEIM amending Resolution #2008-110 relating to fee and rate schedules for building, construction, GIS and NPDES permits, services and activities, seconded by Council Member Kring. Roll Call vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 28. Applicant requests continuance to February 10, 2009 C220 CEQA CATEGORICAL EXEMPTION, CLASS 1 AMENDMENT TO CONDITIONAL USE PERMIT NO. 2798 WITH A WAIVER OF A CODE REQUIREMENT OWNER: Charles Hance, 828 West Vermont Avenue, Anaheim, CA 92805 AGENT: City of Anaheim, 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 828 West Vermont Avenue: This property is approximately 1.29 acres, having a frontage of 246 feet on the south side of Vermont Avenue approximately 107 feet west of the centerline of Citron Street. Request to amend apreviously-approved conditional use permit to allow the sales and service of automobiles and automobile parts, to allow full automobile repair services including, but not limited to, engine installation, body work, conversion, installation of parts, modification, painting, repair, smog check and tire installation with outdoor storage with fewer parking spaces than are required by Code. ACTION TAKEN BY THE PLANNING COMMISSION: VOTE: 5-2 (Commissioners Eastman and Romero voted no) for the following items: Approved CEQA Categorical Exemption, Class 1 Approved Amendment to Conditional Use Permit No. 2798 with a Waiver of a Code Requirement with Revisions to Condition Nos. 1, 4 and 6 (Tracking No. CUP2008- 05355) (PC2008-114) (Planning Commission meeting of December 8, 2008) (Appealed by owner on December 29, 2008) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit No. 2798 and amending certain conditions of approval of Resolution No. PC86-167 (Tracking No. CUP2008-05355). This item continued to February 70, 2009. City Council Minutes of January 27, 2009 Page 8 of 8 Council Communications: Council Member Hernandez reported he had attended the Carnegie Library's 100th birthday celebration, one of the last examples of libraries built by steel baron Andrew Carnegie, urging the community to visit this site. This library, he remarked, had been designed by John Austin, the architect for the Griffith Observatory and Shrine Auditorium, and was now incorporated as part of the new Muzeo and had become a functioning essential part of the Anaheim community. Council Member Galloway, commented on the County of Orange's recent lay-off of hundreds of social service workers and termination of a number of social services. She was thankful for Anaheim's long-term fiscal strategy and its leadership which enabled the City to retain services during tough economic times. Council Member Kring congratulated Mayor Pringle and all involved in the State of the City address pointing out 10-year old Aubrey Murrey had charmed listeners when introducing the Mayor. Council Member Sidhu announced on February 23, 2009, the Canyon Rim Library would hold a special event in celebration of the Lincoln Bicentennial, with community libraries hosting a "Lincoln Story Time" and other events for children. He also requested staff to look into a commercial feasibility stimulus package similar to that given to developers and to place it on the February 24th agenda for discussion. Mayor Pringle spoke of the success of the State of the City luncheon and thanked staff and the Anaheim Chamber of Commerce for their efforts. He touched on new policy initiatives such as creating a Mayor's Technology Advisory committee of Orange County technology leaders to present a blueprint to address technology in the 21St century, discussed steps toward having a water reclamation system in the City to capture and use reclaimed wastewater for certain applications and a job listing of Anaheim employers on a new website, www.anaheimiobs.com, where both public and private employers could post recruitment ads. Adjournment: At 6:52 P.M., with no other business to conduct, Mayor Pringle adjourned the January 27, 2009 meeting. Respec y submitted, Linda N. Andal, CMC City Clerk