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2009/03/10ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF MARCH 10, 2009 The regular meeting of March 10, 2009 was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. Mayor Curt Pringle called the regular adjourned meeting of March 10, 2009 to order at 4:05 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on March 6, 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. CLOSED SESSION ITEMS: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Ihab Abuwarda vs. City of Anaheim, Orange County Superior Court Case No. 30-2008 00102647 2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Nathan Enuma Obele v. City of Anaheim, Orange County Superior Court Case No. 30-2008 00104226 3. 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 4. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Significant Exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code) Number of potential cases: one Invocation: Reverend Nathan Gnaniah, East West Church Flag Salute: Council Member Harry Sidhu Presentations: Recognizing the 2008 Girl Scout Gold Award Recipients Recognizing the 2008 Eagle Scouts The City Council recognized and paid tribute to 15 Anaheim scouts being awarded the highest honor in scouting ranks. City Council Minutes of March 10, 2009 Page 2 of 9 Acceptance of Other Recognitions (To be presented at a later date): Recognizing the U.S. Census Bureau Rosa Rendon, U.S. Census Bureau partnership specialist, updated Council on census canvassing efforts now underway and the importance of census results to municipalities. Recognizing St. Catherine's Military Academy on their 120tH Anniversary Sister Johnellen Turner thanked Council for recognizing St. Catherine's academy, the oldest school in Anaheim, and invited Council to participate in their celebration on March 21St. Recognizing the 2009 Luevano Foundation Benefactor Honorees, Educational Honoree and Scholarship Recipients Proclaiming April 29 -May 2, 2009, as DECA Week ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items except public hearings): Kathy Perez, representing Edify, spoke of anon-profit cause created to encourage leadership in youths and invited the community to a fundraiser on April 29tH Paul and Jennifer McAllen, residents, requested Council assistance with a code enforcement problem involving their tow truck parked on a residential street and the need for immediate access to the truck to fulfill terms of City contract. Mayor Pringle requested staff research and discuss the McAllen's concerns with the goal of finding a solution or convenient parking place for the vehicle. Konstantino Roditis, 24/7 Yellow Cab Company, addressing Items 15 & 16, voiced his concerns for A Taxicab in operating their taxi service when the firm's franchise had expired. Mayor Pringle responded Council had been concerned with moving A Taxi's franchise forward and did not want to disrupt service for residents and tourists of the community and had allowed the service to continue while the franchise was being reconsidered. Hugh McCutcheon, USA Women's Volleyball Team, requested Council's favorable approval in bringing the USA Women's Volleyball team from Colorado Springs to Anaheim to make it the home of both the gold and silver Olympic medalists. Mike Schroeder, resident, supported bringing the Women's Olympic Volleyball Team to Anaheim commenting on the fund-raising efforts which would help offset costs along with in- kind services to be provided to the team. A resident on Sunkist Street voiced her concerns regarding placement of a bustop and bench near her home citing the negative impacts she had observed. At the request of Mayor Pringle, Natalie Meeks, Public Works Director, would provide assistance. CONSENT CALENDAR: Council Member Hernandez removed Item No. 3 from the consent calendar for further discussion and Mayor Pringle removed Item No. 4. Council Member Sidhu waived reading in full of all ordinances and resolutions on the balance of the consent calendar and moved to adopt the consent calendar in accordance with the reports, City Council Minutes of March 10, 2009 Page 3 of 9 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. 1. Receive and file minutes of the Cultural and Heritage Commission meetings of July B105 17, 2008, September 18, 2008, October 16, 2008 and November 20, 2008; Budget Advisory Commission meeting of November 19, 2008; Library Board meeting of January 12, 2009 and Public Utilities Board meeting of January 28, 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. 5. Authorize the Fire Chief to execute documents related to the receipt and B129 administration of grant funds from the Fireman's Fund Insurance Company for the purchase and replacement of ageing fitness equipment and adjust funding accordingly. 6. Approve and authorize the City Manager to execute Amendment No. 1 to Temporary 2898.E.1 Assistance to Needy Families Vendor Agreement with Casa Loma College, Inc., increasing the subgrant amount from $100,000 to $200,000, for training expenses through June 30, 2009 for up to 22 new program participants. 7. Approve an engineering services agreement with RBF Consulting, in an amount not 5623 to exceed $189,000, for the design of the Citywide Sanitary Sewer System Repair and Rehabilitation Program, Phase III Group 1. 8. Approve an engineering services agreement with Psomas, in an amount not to 5624 exceed $290,000, for the design of the Citywide Sanitary Sewer Repair and Rehabilitation Program, Phase II Group 2. 9. Approve an engineering services agreement with PENCO Engineering, in an amount 5625 not to exceed $297,000, for the design of the Citywide Sanitary Sewer System Repair and Rehabilitation Program, Phase II Group 3. 10. Approve an Agreement for Acquisition of Mobile Home and Improvements with 5626 Plantation Mobile Estates, in the acquisition amount of $9,750, for one mobile home located at 1835 South Manchester Avenue, Space No. 74, for the Gene Autry Way (West)/I-5 Freeway HOV Interchange and Highway Project. 11. RESOLUTION NO. 2009-040 RESOLUTION OF THE CITY COUNCIL OF THE D129 CITY OF ANAHEIM proclaiming the termination of the local emergency pertaining to the Freeway/Triangle Complex Fire in the City of Anaheim. 12. RESOLUTION NO. 2009-041 A RESOLUTION OF THE CITY COUNCIL OF P110 THE CITY OF ANAHEIM vacating portions of public utility and pedestrian easements located near the terminus of Bluejay Lane pursuant to California Streets and City Council Minutes of March 10, 2009 Page 4 of 9 Highway Code Section 8330, et. seq. -Summary Vacation (Abandonment No. ABA 2008-00180). 13. RESOLUTION NO. 20009-042 A RESOLUTION OF THE CITY COUNCIL OF D182 THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Public Utilities Department). 14. ORDINANCE NO. 6130 (ADOPTION) AN ORDINANCE OF THE CITY OF D159 ANAHEIM creating an economic stimulus package for new non-residential development by temporarily superseding the provisions of various ordinances heretofore adopted relating to the required time of payment of specified development fees heretofore imposed (Introduced at Council meeting of February 24, 2009, Item No. 21). 15. ORDINANCE NO. 6131 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Section 4.73.200 of Chapter 4.73 of Title 4 of the Anaheim Municipal Code relating to term of nonexclusive taxicab franchise (Introduced at Council meeting of February 24, 2009, Item No. 25). 16. ORDINANCE NO. 6132 (ADOPTION) AN ORDINANCE OF THE CITY OF F130.2 ANAHEIM granting anon-exclusive franchise to A ***White and Yellow Cab, Inc., for the purpose of operating taxicab service in the City of Anaheim; and stating the terms and conditions upon which said franchise is granted (Introduced at Council meeting of February 24, 2009, Item No. 28). 17. ORDINANCE NO. 6133 (INTRODUCTION) AN ORDINANCE OF THE CITY C280 OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2008-00225; 1170 North La Palma Park Way). 18. ORDINANCE NO. 6134 (INTRODUCTION) AN ORDINANCE OF THE CITY C280 OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2009-00227; 2748 West Lincoln Avenue). 19. Approve minutes of the Council meeting of February 24, 2009. END OF CONSENT: 3. Authorize the Planning Department to initiate a Zoning Code Amendment pertaining C280 to the use of drought tolerant landscaping. Sheri Vander Dussen, Planning Director, indicated while the current zoning code promoted water conservation by allowing use of artificial turf and encouraging the use of water-efficient irrigation systems, it did not specifically address the use of drought tolerant or xeriscape landscaping. This code amendment, she explained, would address that issue. Council Member Kring remarked California had been facing drought conditions for the past three years and while residents and businesses had been asked to conserve the use of water voluntarily, she had requested the City consider a zoning code amendment which would also City Council Minutes of March 10, 2009 Page 5 of 9 promote water conservation by allowing drought tolerant landscaping and provide other options for residents and businesses. Council Member Hernandez pointed out this option was not mandatory and would be available on a voluntary basis only. Mayor Pringle voiced his concern in relaxing existing zoning code standards for neighborhoods and businesses, remarking he would not feel comfortable supporting an ordinance which did not include some green vegetation. Council discussed the possibility of including a percentage requirement for green landscaping. Mayor Pringle recommended staff begin the process and return with a drought tolerant proposal for Council's review, taking into consideration Council's suggestions. Council Member Kring then moved to approve Item No. 3, seconded by Council Member Hernandez. Roll Call Vote: Ayes - 5; Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 4. Authorize the City to negotiate agreements with USA Volleyball to establish Anaheim D116 as the "Host City of the USA Men's and Women's National Volleyball Teams," consistent with the terms and conditions set forth in the deal point summary and authorize the City Manager to execute such agreements. Mayor Pringle, with the consent of Council, asked for this item to be heard after public comments. He pointed out this agreement reflected the same terms as the previous agreement drafted for the USA Men's Volleyball team and that the Women's National Volleyball Team would add importance to the City's sporting interests. Council Member Kring moved to approve item No. 4, seconded by Council Member Galloway. Roll Call Vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. PUBLIC HEARINGS: 20. This is a public hearing to consider a resolution waiving fees applicable to the D129 reconstruction of structures damaged as a result of the Freeway Complex Fire. RESOLUTION NO. 2009-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM waiving building plan check and building permit fees, demolition permit fees, grading plan check and permit fees, sewer connection fees and other permit-related fees, including inspection fees, applicable to the repair or reconstruction of structures damaged as a result of the Freeway Complex Fire. Sheri Vander Dussen, Planning Director, reported last November the Freeway Complex Fire damaged more than 25 structures in Anaheim containing 117 residential units estimated at approximately $18 million. The area east of Weir Canyon and south of the 91 freeway had been most affected and most of the damage had been sustained by the Cascade apartment complex on Santa Ana Canyon Road and on properties located on Morningstar and Laurel Tree Drive and Jute Wood Street. The Cascade apartment complex, she explained, was the only multi-family development affected by the fires with a total loss of seven buildings including the club house. Within the single family neighborhood, seven homes were completely destroyed and four more homes sustained major damage. Ms. Vander Dussen indicated the average cost of building permits to rebuild a single family home that was completely destroyed would be about $12,000 and these fees would include building and grading permits, fire alarm and sprinkler permits and utility connection fees. Permit fees for City Council Minutes of March 10, 2009 Page6of9 reconstruction of the apartment complex were estimated at $354,000. Ms. Vander Dussen noted Council could decide to waive these fees for properties impacted by the fires as well as public utility fees, which would require action by the Public Utilities Board prior to Council approval. Public utility fees could not be waived by Council until May, 2009. She stated staff believed it was in the best interest of the City to facilitate restoration of the neighborhoods to their original condition as soon as possible. The anticipated amount of fees that could be waived could be as much as $540,000 which included temporary and permanent power and water service connection fees. This action, since City departments operated on a fee for service basis, would create a revenue shortage and necessitate the use of general fund reserves to make up the difference. Mayor Pringle asked for clarification on the utility charges and John Ramirez, Senior Planner, responded most of the fees related to abandonment of existing facilities and temporary or reconnection fees. In answer to Mayor Pringle's question regarding other impact fees, Ms. Vander Dussen stated there were generally no other impact fees unless the homeowner decided to expand the size of their home and if that occurred, the impact fees (school and park) would be based on the additional square footage added. Council Member Sidhu discussed whether homeowners received reimbursement from insurance for fees. Ms. Vander Dussen stated, in speaking to insurance agents and providing the homeowner carried appropriate insurance, these types of fees were reimbursable; however the homeowner would have to pay them up front. Discussion was held regarding property tax relief with Council Member Hernandez inquiring what the potential loss would be to the City. Mayor Pringle calculated the loss to be approximately $100,000, if all the damaged residential property value was downgraded to zero. Council Member Sidhu pointed out that compared to the actual loss suffered by these homeowners, including loss of contents within the homes; it had been his experience that insurance coverage rarely compensated 100 percent especially in restoring 20-year old homes in today's dollars. Mayor Pringle opened the public hearing for comments. Brian Stanley, Morningstar resident, explained he had lost an $850,000 home he had owned for two years. He added the Orange County assessor visited the sites two days after the fires and quickly reassessed the homes, dropping his value to about $400,000. He added homes would be expensive to build in today's dollars and that reduced permitting fees would significantly help these homeowners. He added Morningstar residents were discussing using solar power as a method to make homes more efficient and were working with the Homeowner's Association to meet their requirements for rebuilding. Susan Craft, Laurel Tree Drive resident, thanked City staff and other agencies for their assistance during the fires. She indicated her family wanted to remain and rebuild in Anaheim; they did not want to walk away from their home and was still paying on a mortgage for a home in which they could not live. She emphasized the waiver of fees would be greatly appreciated by the homeowners. A representative from StoneField Developing supported the waiver of permitting fees, pointing out San Diego had waived fees, including up to 499 square feet, if homes had been enlarged and in Rancho San Bernardo, school fees had been waived. With no other comments offered, Mayor Pringle closed the hearing. He commented there were costs associated with waiving City fees; however, he felt this was the right step to take City Council Minutes of March 10, 2009 Page 7 of 9 as homeowners began the process of rebuilding. Council Member Galloway indicated she was supportive of helping these residents and thanked them for taking the time to explain their situation. Council Member Kring remarked these fires could have happened to anyone, anywhere and at anytime and was supportive of using general fund monies to provide assistance. Council Member Sidhu stated that to rebuild an older home in today's dollars, the costs would be significantly higher and he would support allowing for increased footage up to 499 square feet, if residents wished to make minor modifications to their homes. Council Member Sidhu moved to amend the RESOLUTION NO. 2009-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM waiving building plan check and building permit fees, demolition permit fees, grading plan check and permit fees, sewer connection fees and other permit-related fees, including inspection fees, applicable to the repair or reconstruction of structures damaged as a result of the Freeway Complex Fire include waiving all fees related to increasing property up to 499 square feet, seconded by Council Member Galloway. Roll call vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 21. This is a continued public hearing to consider a resolution vacating a portion of an easement located at 570 Calle de Casas or vacating it in its entirety (Continued from Council meeting of January 13, 2009, Item No. 24). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of a Fire and Pedestrian Access Easement located at 570 Calle de Casas (Abandonment No. ABA2008-00179). OR P110 RESOLUTION NO. 2009-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a Fire and Pedestrian Access Easement located at 570 Calle de Casas (Abandonment No. ABA2008-00179). Mayor Pringle stated at the previous public hearing, Council had been asked to approve vacation of a fire and pedestrian easement to allow a property owner free use of that area. He added concerns had been raised by the homeowners association because of their continued use of the easement and Council requested the two parties sit down and discuss their impasse and come to some resolution. He noted Council had received two offer letters from each side. Mark Vukojovich, Assistant City Engineer, reported both groups and representatives had met on February 4th and attempted to resolve their impasse, however no resolution had been reached. He stated since then the homeowners association and applicant had exchanged offer letters which were forwarded to Council, and as it currently stood, the HOA was willing to agree with staff recommendation to vacate a 10 foot portion of the easement if vacation and public improvements were paid for by the applicant. The applicant was requesting a vacation of the full 20 feet and offered to dedicate a 10 foot portion and fee title to association, if the association paid for the improvements. He noted staff's recommendation remained as it was for the January meeting. City Council Minutes of March 10, 2009 Page 8 of 9 Mayor Pringle asked if the applicant, regardless of Council's action on this matter, would work with the homeowner's association in the future. The applicant responded that everything would remain on the table, but he would prefer to have the total easement vacated. Mayor Pringle asked if the applicant decided to build on the easement, would those changes need the homeowner's association approval. The applicant stated he would probably not need the homeowners' association approval for a wall if it was constructed per the association architectural regulations. Mayor Pringle remarked he would have preferred to have a member of the homeowners association present for questions and asked for Council's consideration on this matter. Council Member Galloway moved to approve RESOLUTION NO. 2009-044 OF THE CITY OF ANAHEIM vacating a Fire and Pedestrian Easement located at 570 Calle de Casas, seconded by Council Member Sidhu. Roll call vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. Report on Closed Session Actions: Acting City Attorney, Cristina Talley reported the City Council had authorized the City Attorney's Office to initiate two matters identified on the closed session agenda. Council Communications: Council Member Hernandez announced the shuttle launch of STS-119 with Anaheim resident Joe Acaba, NASA Astronaut on board, adding he would carry into space a memento from Anaheim. He also requested the discussion of universal design be placed on a future agenda focusing on building standards to address the needs for persons with disabilities. With regard to the U.S. Census, he stressed the importance of every citizen being counted as it impacted congressional seats, allocation of funds for school districts, public transportation programs for the elderly and disabled and emergency food and shelter programs. Council Member Galloway recognized public works city employee, Darren Strain, offering background and history on the street sweeper's employment with the City. Council Member Kring announced she had been appointed to a policy committee for the American Public Power Association to draft policies friendly to municipal utilities and that she had attended this meeting on behalf of the City. She added she would be in Washington, D.C. also on behalf of the city, attending the League of California Cities meeting, discussing and meeting with representatives on projects important to Anaheim. Council Member Sidhu announced the "Restoring the Community" Conference on Friday, March 13, 2009, hosted by the Mayor with the goal of bringing together leading thinkers on urban planning and design. He reported on his attendance at the Ponderosa school ground breaking which would serve 950 students and feature 38 classrooms. He had also attended the Community Services Department's 30th annual recognition banquet to honor and thank volunteers for participating in public service to the community and remarked he would also be attending the League of California Cities meeting in Washington, D.C. next week. Mayor Pringle reported on his February meeting with OCTA in Washington, D.C to discuss transportation projects with the Deputy Director of Transportation, Joel Szapat, Senator Barbara Boxer, Congressmen Jim Duncan, Bill Schuster, and Ed Royce as well as representatives of the White House intergovernmental relations office with the purpose of City Council Minutes of March 10, 2009 Page 9 of 9 addressing infrastructure issues focusing on high speed rail dollars. He was confident Anaheim would receive a significant amount of transportation dollars to help establish high speed rail in California and that staff had been working to prepare the environmental work on ARTIC and other specific projects to be ready to move forward. He added there were many transportation projects that would fall within the required economic stimulus fund deadlines and Anaheim would be prepared and ready to proceed. He ended by stating there had been good economic news recently and that the 3~d largest convention, the National Products Convention, had been held last week, attracting retailers from all over the western U.S. seeking products to sell. He noted convention attendance had been up 3 to 4 percent from last year. Mayor Pringle also announced the names of each Council designee for the Sister City Oversight Committee: Lisa Gin (Galloway), June Glenn (Sidhu), Linda Newby (Kring); and Sandy Day (Pringle). He noted Council Member Hernandez's appointment would be announced at a later date. ADJOURNMENT: At 7:31 P.M., Mayor Pringle adjourned the March 10, 2009 meeting to March 24, 2009 at 12:00 P.M. for purposes of a closed agenda -Public Employment: City Attorney. The next regularly scheduled Council Meeting would be March 31, 2009. Resp ully submitted, Linda N. Andal, CMC City Clerk