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2009/04/14ANAHEIM CITY COUNCIL REGULAR MEETING OF APRIL 14, 2009 The regular meeting of April 14, 2009 was called to order at 3:08 P.M. by Mayor Curt Pringle in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on April 10, 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. SEWER SYSTEM CAPITAL IMPROVEMENT PROGRAM UPDATE Mark Vukojevic, City Engineer, presented an update on the sewer capital improvement program. Providing background on the City's sewer system, he stated it was 560 miles in length, contained over 11,000 manholes with pipes varying from six to 33 inches in diameter, and that some of the first pipes constructed in 1908 were still in existence. In 2002, in conjunction with statewide rules for sewer systems significantly revised, the City recognized several areas of its sewer system lacked adequate capacity for current demand and future growth. The Department responded with a comprehensive study which included in-depth inspection and monitoring of every foot of pipe to be documented, graded and prioritized and assembled into comprehensive master plans individually approved by Council. The basic outcome of this exercise, he pointed out, was to identify a sizable need to increase pipe sizes for present demand and future growth as well as to identify specific sections needing minor and major repairs. In 2006, Mr. Vukojevic remarked, the final master plans were approved by Council and the sewer user rate was increased to support those large scale improvements. He added with this increase, Anaheim still offered one of the lowest sewer rates in the county. In 2007, he noted, Council approved atwo-phased approach for the $100 million of sewer improvements and authorized the sale of bonds to finance the first half of the phase which netted $45 million for an estimated 18 projects. He pointed out the Department, which had been committed to delivering those projects over the next three years, had now passed the halfway point for project delivery. Since 2007, the Public Works team worked to complete 15 large sewer projects totaling $22 million. Today, there were four in construction and more on the way. He emphasized Public Works staff had partnered with Public Utilities, the Redevelopment Agency and the Planning Department to deliver projects with the highest benefit to the community and that many of those projects allowed affordable housing projects to continue and saved millions of dollars due to their joint creative efforts. With the increased economic competition for construction projects, he remarked, staff was seeing an average 20 percent savings which allowed additional new projects to be built originally envisioned for future financing. He ended his presentation commenting the most important component to a well run sewer system was its maintenance program, explaining that every day the Department had crews City Council Minutes of April 14, 2009 Page 2 of 16 cleaning pipes using high pressure cleaning trucks, cleaning areas that needed special attention, and videotaping in order to solve problems and verify problems were fixed. As part of this program and in addition to its capacity building program, he stated the Department used available funding to put together another maintenance capital improvement program to repair cracked, offset and deteriorated pipes. Some pipes were completely replaced, others lined with new plastic coating and manholes were rebuilt to last another century. This program started in 2008, with one project completed, one in construction and four more in design. He added this was a good opportunity for the City to get discounted construction pricing for these projects which also provided high paying jobs, an important issue in today's economy. He noted the Department was moving ahead with new regulations, referencing agenda item No. 22, to approve a new sewer system management plan. ORANGE COUNTY GATEWAY PROJECT -GRADE BNSF SEPARATIONS UPDATE Paul Taylor, Orange County Transportation Agency (OCTA) Deputy Executive Director, updated Council on the project to improve the gateway to Orange County. He indicated the four year project to widen the remaining two miles of Interstate 5 from the SR-91 to the Los Angeles County Line began construction and was on schedule and within budget to be completed in the fall of 2010. The freeway widening was about two-thirds completed and OCTA had a joint effort with Caltrans to manage the construction and community outreach. GRADE SEPARATION PROJECTS Mr. Taylor stated there were a number of grade crossings scheduled for grade separation projects at certain intersections along the BNSF railroad lines. Seven projects were underway, two in the city of Placentia, managed by that city and four adjoining the City of Anaheim. Those intersections were at Kraemer, Orangethorpe, Tustin/Rose and Lakeview Avenue. There was also a project on SR-91 near Anaheim/Fullerton. He remarked these projects had a considerable impact on commuters as well as residents by reducing traffic delays and eliminating train horn warnings and also improving the flow of goods along the railroad lines. He explained that in November of 2006, the statewide bonds for infrastructure improvements were approved by the voters and OCTA was able to secure funding for eight projects from the trade corridor improvement funds (TGIF). The projects at Raymond and State College were in the environmental process with the remainder of the projects in the design stages. All projects were scheduled to be under construction by 2013. He discussed the constraints and challenges involved in this type of construction, where the right-of-way was tight and partial, full and temporary property easements must be acquired. In addition, traffic management plans had to be developed and the BNSF railroad operation kept in operation which would involve additional tracks to be in place to route freight trains and the Metrolink around construction areas. In addition, there would be construction noise and visual issues with construction activity and heavy equipment moving in and out of the project areas and a considerable amount of community outreach had to be provided for those surrounding areas impacted by each of the projects. Referencing the funding component, he remarked, OCTA was looking at ways to work around the challenge of the State not being able to raise funds in the bond market. He indicated the infrastructure bonds of 2006 were not sold for that reason and OCTA recognized the construction timetable was dependent on the flow of funds and also depended on agreements with BNSF to allow work to go on in their rights-of-way. He City Council Minutes of April 14, 2009 Page 3 of 16 emphasized this was an aggressive schedule to accomplish all the projects in the same time frame and anticipated cooperative agreements with Anaheim and Placentia relating to final management plans would be coming to council for approval, as well as final design plans when developed. Some discussion was held relating to funding concerns and the State's inability to sell bonds. Mayor Pringle pointed out the renewed Measure M funding would not be received until 2011 and he hoped by that time, the State's financial problems would have improved. Council Member Sidhu questioned whether any funds would be received as part of the federal economic stimulus package and Mr. Taylor responded that OCTA anticipated receiving $170 million but did not intend to use those funds for the grade separation projects. He added the guiding principle of the economic stimulus act was for projects committed to construction within two years and the grade separation projects did not meet that timeline. Mayor Pringle added that the first priority for those stimulus funds was to address the additional lane to be added to SR-91. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Mayor Pringle recessed to closed session for the following items: 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-EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Yorba Linda v. City of Anaheim, Orange County Superior Court Case No. 070008763 3. PUBLIC EMPLOYEE RECRUITMENT Title: City Manager At 5:30 P.M., Mayor Pringle and City Council returned from closed session to consider the remainder of the agenda. INVOCATION: Imam Mohammed Fagih, West Coast Islamic Society FLAG SALUTE: Council Member Lucille Kring PRESENTATION: Recognizing the CERT Graduates -Mary Jo Flynn, Disaster Preparedness Manager, introduced 10 of the 31 graduates, explaining CERT volunteers received training to assist in times of disaster. In this year alone, she pointed out, the program provided 294 volunteer hours during various City events. ACCEPTANCES OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming April 2009 as National Donate Life Month -Sonia Navarro, a representative from the National Donor Organization thanked Council for the proclamation which stressed the importance of becoming an organ donor. City Council Minutes of April 14, 2009 Page 4 of 16 Proclaiming April 19-25, 2009, as National Volunteer Week -Mary Jo Flynn, Disaster Preparedness Manager, accepted the proclamation remarking Anaheim's volunteers were appreciative of the City's support and encouraged anyone interested in volunteering for various City programs to join the Anaheim family. Proclaiming April 22, 2009 as International Family Justice Center Alliance Day in the City of Anaheim -John Welter, Police Chief, announced an international alliance conference would be held in Anaheim the following week and thanked Council for supporting the Family Justice Center, the only center of its kind operating in the county. Recognizing the recipients of the Orange County Hispanic Chamber of Commerce Estrella Awards At 5:15 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency (in joint session with the Anaheim City Council). ADDITIONS/DELETIONS TO THE AGENDAS: Public Hearing Item No. 32 was withdrawn by staff. PUBLIC COMMENTS (all items except public hearings): Joyce Crosthwaite, OC LAFCO, stated her agency was currently engaged in efforts to annex portions of the southwest Anaheim-County islands and had been working directly with residents to develop logical service boundaries in their area. In conjunction with that effort, her agency would waive any fees and provide staff assistance to residents wishing to be annexed. William Fitzgerald, resident, voiced his objections to a subsidy given to Lake Development for the property at Katella and Harbor Boulevard. Michael Baker, Boys & Girls Club of Anaheim, stated the Club had received a significant reduction in its CDBG allocations in a year when revenues were down 30 percent and service was up 24 percent. He requested Council reconsider its CDBG allocations emphasizing the Boys & Girls Club would welcome any additional funding. Mallory Vega, ACACIA, thanked the members of the Community Services Board that supported funding for this adult day care. Sharon Davis Smith, Council on Aging, thanked Council for the current recommendation of CDBG funding, explaining their organization provided case management for older adults and persons with disabilities as well as advocating for residents living in long-term care facilities. An unidentified neighbor near Pearson Park requested the City's help for park activities which included the possession and consumption of alcohol and had overwhelmed the neighborhood, especially during holidays. Nalia Kayali, Access California Services, requested Council reconsider its CDBG funding request. She indicated Access California was the only organization in this area serving new immigrants, refugees and new arrivals to adjust in the community, pointing out clients were up 35 percent this year but Access had received more than a 5 percent reduction from last year's grant. City Council Minutes of April 14, 2009 Page 5 of 16 Randy Clout, Community Senior Serve, also requested Council reconsider the CDBG decisions for funding this year. He explained the program required $700,000 annually to deliver its services to Anaheim. Its shortfall would be $106,000 and proposed funding of $61,000 would have a devastating effect on the program. Mrs. Hardin, resident, spoke of her special needs and the care she had received through Community Senior Serve. She urged City Council to reconsider its CDBG funding allocation for that organization. Jeff Belmont, legal counsel, stated Windsor Terrace HOA made a request for Council to rehear their decision on a 20-foot easement for fire and pedestrian uses in the Windsor Terrace complex. He indicated Council's focus had been on the fire usage component for which the Fire Chief determined there was no further need for the easement. Mr. Belmont remarked that for 30 years the public used this easement for access and ingress from the complex and no findings had been made regarding public use and requested Council to revisit that issue. Mayor Pringle questioned why representatives from the Windsor Terrace HOA were not present at the last Council meeting when a decision had been reached and Mr. Belmont indicated there were time constraints associated with the HOA's approval of his participation. Wayne Fisher, Windsor Terrace HOA, remarked their attorney submitted legal documents that said every homeowner had a right to this easement which had been maintained by the HOA since 1980. He indicated 88 percent of the homeowners had signed a petition requesting the easement be retained for their use. He asked Council to reconsider their decision or to modify it to allow both the homeowner and the pedestrians its use. Roland Michael, Windsor Terrace, stated the complex was in a fire danger area and for that reason, the easement should remain with the HOA. Chris Maya, resident, complained of public drunkenness, open alcohol consumption and dogs off leash in Pearson Park last Easter Sunday, requesting more help be provided to the park ranger. Mark Burrell, Windsor Terrace resident, stated he also applied for a rehearing on the pedestrian access issue feeling that not enough consideration had been given to pedestrian access rights. Sally Lawrence, Arthritis Foundation, remarked her organization had applied for CDBG funding and was the only non-profit to receive none. She outlined the services the Arthritis Foundation offered in conjunction with Anaheim Memorial Center, and their desire to increase those services to the community. Bob Curry, Community Services Board, remarked the Board had spent many hours reviewing applications, listening to oral presentations, and attempting to divide the CDBG monies with 40 percent going to programs that served youth, 30 percent to seniors and another 30 percent to low income families. He pointed out the CDBG allocation had been reduced for year 2010 by 15 percent and the Board members tried to pass-on the reduction in funding across the board; he believed their recommendations were fair and equitable. Sandy Day, resident, announced the first art expo to be hosted by the Anaheim City School District at the GardenWalk on Saturday, June 6, and invited the community to visit. City Council Minutes of April 14, 2009 Page 6 of 16 Linda Johnson, Anaheim City School District, remarked she hoped the Art Expo would continue on a yearly basis to showcase the talent and creativity of grades K through 6cn Earl Kelso, resident, remarked that again no CDBG funding would be spent in the east district. Mayor Pringle remarked that under CDBG guidelines, only federally eligible neighborhoods could be considered when allocating CDBG funds and not many areas in the east district were eligible. Albert Ohana, resident, spoke of a dog mauling which took place at Pearson Park on Easter Sunday, requesting Council's assistance in that matter. Police Chief John Welter would discuss the incident with Mr. Ohana and report back to Council on the legal responsibilities of dog owners. Steve Sheldon, representing Mr. Buckley of Windsor Terrace, stated he had presented testimony showing the property easement was not needed and pointed out the homeowners and HOA were aware of last week's Council meeting on the subject. At 6:18 P.M., Mayor Pringle recessed Council to consider the Redevelopment Agency Agenda, reconvening Council for the Joint Public Hearing at 6:19 P.M. JOINT REDEVELOPMENT AGENCY/CIT'Y COUNCIL PUBLIC HEARING: 2. A joint public hearing to approve a Disposition and Development Agreement with AGR-5659 Trucor, Inc. for the development of two homes located at 313 and 317 East Water Street, adjacent to the Colony Park neighborhood. Elisa Stipkovich, Director of Community Development Services, reported this item was a request by staff to approve a Disposition and Development (D&D) agreement with Trucor Inc., pointing out this site was part of a previous D&D with the same developer. She explained staff advertised a Request for Proposal in August of 2006 for 16 Agency-owned remnant sites and Trucor Inc. had been selected to develop six of those sites. A D&D was entered into in 2007, however, due to the change in the economic climate, she indicated this site had been removed from the agreement in August of 2008. With approval of this new development agreement, Trucor Inc. would purchase the site for $150,000 to develop it for single family homes for the purpose of selling those homes at market price rates. She acknowledged the current threshold sales prices for these two homes were $419,000 for 313 Water Street and $500,000 for 317 Water Street with the City to receive 75 percent of any proceeds above those figures. Mayor Pringle opened the public hearing and receiving no comments, closed the hearing Council Member Sidhu moved to approve RESOLUTION NO. 2009-060 OF THE CITY OF ANAHEIM approving a Disposition and Development Agreement with Trucor, Inc. and making certain findings in connection therewith, seconded by Council Member Kring. Roll Call Vote: Ayes - 5; Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. Mayor Pringle adjourned the Redevelopment Agency at 6:22 P.M. for the remainder of the Council agenda. City Council Minutes of April 14, 2009 Page 7 of 16 CONSENT CALENDAR: Mayor Pringle pulled Item No. 13 for discussion, Council Member Hernandez removed Item No. 10 and Council member Galloway removed Item No. 5. 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, certifications and recommendations furnished each council member and as listed on the Consent Calendar, seconded by Council Member Kring. Roll Call Vote: Ayes - 5: Chairman Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried (Council Member Galloway recorded a no vote on Item No. 28). 3. Receive and file minutes of the Cultural and Heritage Commission meetings of s1o5 January 15, 2009 and February 19, 2009; Public Utilities Board meeting of February 18, 2009; and Park and Recreation Commission meeting of February 25, 2009. 4. 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. 6. Authorize the Purchasing Agent to issue a purchase order to the lowest responsive n18o bidder, A-Z Emissions Group, in an amount not to exceed $538,635.23, for the installation of diesel emission control devices on 25 heavy-duty equipment vehicles for Public Works, Fleet Services Division, in accordance with Bid #7225. 7. Waive Council Policy 4.0 and ratify the purchase order to Simplex Grinnell LP, in the also amount of $35,421.76, for the survey and creation of as-built drawings of the fire/life D129 safety system in City Hall West in order to complete the building renovation for the Public Utilities Department. 8. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing nlso Agent to issue a Master Agreement to Versaterm for software maintenance and support of the Police Department's Computer-Aided Dispatch and Records Management System with the authorization to renew the agreement annually, subject to City Council approval of budget appropriations. 9. Approve a License Agreement with Anaheim Adult Education to provide English as a 5660 second language classes at the Ponderosa Park Family Resource Center's mobile modular unit. 11. Authorize the Executive Director of the Community Development Department to D155 submit a grant application on behalf of the City to the United States Environmental Protection Agency fora $500,000 Brownfields job training grant, authorize the Executive Director to execute all documents related to the acceptance and implementation of the grant and if awarded, amend the budget for fiscal year 2009/10 accordingly. 12. Approve the FY 2008-09 Annual Action Plan Second Amendment to provide for the D155 Community Development Block Grant funds from the U.S. Department of Housing and Urban Development, in the amount of $1,338,767, for the Colony Park undergrounding project and adjust funding accordingly. City Council Minutes of April 14, 2009 Page 8 of 16 14. Approve agreements with Iteris, Inc., Advantec Consulting Engineers, KOA 5663 Corporation, IBI Group, and RBF Consulting for on-call traffic engineering services for s637.o.02 a period of one year through January 13, 2010, with the option of annual renewals up 5661 5664 to a maximum total contract duration of five years. 5665 15. Approve the Agreement for Acquisition of Mobile Home and Improvements with 5666 Plantation Mobile Estates, in the acquisition payment amount of $10,500, for one mobile home located at 1835 South Manchester Avenue, Space 21, for the Gene Autry Way (West)/I-5 Freeway HOV Interchange and Highway Project. 16. Approve and authorize the City Engineer to execute the Final Map of Tract No. D175 17175, located at 5601 East Orangethorpe Avenue. 17. Approve and authorize the Public Utilities General Manager to execute atwo-year 2sls.nl.o.c.1 amendment to the pricing agreement with Equifax Information Services LLC reducing the cost of the California Utility Exchange services. 18. RESOLUTION NO. 2009-061 A RESOLUTION OF THE CITY COUNCIL OF THE D155 CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Community Development). 19. RESOLUTION NO. 2009-062 A RESOLUTION OF THE CITY COUNCIL OF THE D154 CITY OF ANAHEIM approving a records retention schedule for the Human Resources Department. 20. RESOLUTION NO. 2009-063 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos: 11281 and 11282). 21. RESOLUTION NO. 2009-064 A RESOLUTION OF THE CITY COUNCIL OF THE D11o CITY OF ANAHEIM vacating a public utility easement located at 1275 East Lincoln Avenue pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (Abandonment No. ABA 2009-00195). 22. RESOLUTION NO. 2009-065 A RESOLUTION OF THE CITY COUNCIL OF THE D175 CITY OF ANAHEIM approving the Sanitary Sewer Management Plan. 23. ORDINANCE NO. 6135 (ADOPTION) AN ORDINANCE OF THE CITY OF C28o ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code related to zoning (Reclassification No. 2008-00224; 1735-1739 West Lincoln Avenue; Introduced at Council meeting of March 31, 2009, Item No. 32). 24. ORDINANCE NO. 6136 (ADOPTION) AN ORDINANCE OF THE CITY OF c2so ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2008-00226; 1001 North Mayflower Street; Introduced at Council meeting of March 31, 2009, Item No. 33). 25. ORDINANCE NO. 6137 (ADOPTION) AN ORDINANCE OF THE CITY OF C28o ANAHEIM amending various sections of Title 18 of the Anaheim Municipal Code (Zoning Code Amendment No. 2008-00066; Introduced at Council meeting of March 31, 2009, Item No. 34). City Council Minutes of April 14, 2009 Page 9 of 16 26. ORDINANCE NO. 6138 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending and renaming Anaheim Municipal Code, Chapter 10.18 by adopting water reduction provisions applicable to reducing water usage (Introduced at Council meeting of March 31, 2009, Item No. 35). 27. ORDINANCE NO. 6139 (ADOPTION) OF AN ORDINANCE OF THE CITY OF F130.2 ANAHEIM amending the non-exclusive franchise of CABCO Inc. dba California Yellow Cab to extend the term of the franchise (Introduced at Council meeting of March 31, 2009, Item No. 39). ORDINANCE NO. 6140 (ADOPTION) OF AN ORDINANCE OF THE CITY OF ANAHEIM amending the non-exclusive franchise to Yellow Cab Company of the Greater Orange County, Inc., to increase the number of taxicabs which may be operated in the City of Anaheim and extend the term of the franchise (Introduced at Council meeting of March 31, 2009, Item No. 39). 28. ORDINANCE NO. 6141 (ADOPTION) AN ORDINANCE OF THE CITY C42o COUNCIL OF THE CITY OF ANAHEIM approving Amendment No. 13 to the Anaheim Resort Specific Plan No. 92-2 (SP92-2), amending Ordinance No. 5453, as previously amended, and amending zoning and development standards set forth in Chapter 18.116 of Title 18 of the Anaheim Municipal Code (Introduced at Council meeting of March 31, 2009, Item No. 41). Council Member Galloway recorded a no vote on fhis item. 29. ORDINANCE NO. 6142 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C28o ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2009-00228; 1750 and 1790 South Douglass Road). 30. Approve minutes of the Council meeting of March 31, 2009. END OF CONSENT CALENDAR: 5. Approve the appointment of Cristina Talley as City Attorney. D116 Council Member Galloway congratulated Ms. Talley on her appointment, pointing out that she had 25 years of experience and had participated in the City's recruitment process and been determined to be the best candidate for this position and moved to approve the appointment, seconded by Council Member Kring. Roll call vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 10. Authorize the Chief of Police to apply for the Community Oriented Policing Services D16o Hiring Recovery Program grant as part of the 2009 American Recovery and Reinvestment Act. Council Member Hernandez remarked the grant would provide for 30 sworn officers and questioned how those officers would be determined. Police Chief Welter responded that one of the Department's budget strategies was to leave certain positions open throughout the City Council Minutes of April 14, 2009 Page 10 of 16 next fiscal year while at the same time replace officers through this grant. This would allow them to operate their budget within requested guidelines and still be able to backfill for any open and unfunded positions. He added this grant would act as an insurance plan and allows the City to replace and retain officers and not lay them off. Council Member Hernandez stated he would support this grant to be used as a management tool to augment the Department and moved to approve Item No. 10; seconded by Council Member Galloway. Roll Call Vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 13. Approve the FY 2009-10 Annual Action Plan for federal Community Development Block Grant (CDBG), HOME Investment Partnerships and Emergency Shelter Grant program funds, in the total amount of $6,917,000, and designate the Executive Director of Community Development as the certifying official authorized to execute all documents related to the administration, management and implementation of the programs. Mayor Pringle remarked for the coming fiscal year, $702,000 of CDBG funds had been made available for public services, $353,000 of which was earmarked for nonprofit organizations providing services within the community, reduced from last year's share of $415,000. He expressed appreciation to the members of the Community Services Board that had provided funding recommendations for the CDBG grant monies to Council but also believed those allocations should reflect Council priorities as well. He suggested that rather than take on a new entity in this challenging fiscal climate, Council could eliminate funding the Red Sea Social Services agency and increase the Boys & Girls Club share by the $13,000 which would lessen the severity of their reduction. Council Member Galloway stated she preferred to have reductions remain consistent with all the organizations to be fair and believed Council should follow the recommendations of the Community Services Board. Council Member Hernandez concurred with eliminating the funding to the Red Sea agency as it seemed like a duplication of services and asked that some of the funds be shifted to Access California. Council Member Kring remarked she would not like to see the Red Sea funding dropped by more than $3,000 and would support some of those funds going to Community Senior Serve. Council Member Sidhu indicated he supported increasing the Boys & Girls funding by $13,000 and not taking on a new agency at this time. Mayor Pringle moved to eliminate funding from the Red Sea Social Services agency and to allocate an additional $8,000 to the Boys & Girls Club and $5,000 to Access California, seconded by Council Member Hernandez. Roll Call Vote: Ayes - 3; Mayor Pringle and Council Members Hernandez and Sidhu. Noes - 2: Council Members Galloway and Kring. Motion Carried. 31. Consider the request for rehearing submitted by Windsor Terrance Homeowners P110 Association and Mark Burrell, related to Abandonment No. 2008-00179 vacating a twenty-foot easement for fire and pedestrian access located at 570 Calle de Casas. Cristina Talley, City Attorney, stated Council could make a decision to rehear this item if they determined there were additional facts now presented that would give cause for a rehearing and the rehearing would then begin anew. Mayor Pringle remarked he had met with representatives from the homeowner's association today and while he understood their frustration, he did not intend to vote for a rehearing. He stated a legal issue as to whether the City should have an easement over a piece of property City Council Minutes of April 14, 2009 Page 11 of 16 in the Windsor Terrace neighborhood had been considered by Council at a previous meeting and determined that the City no longer felt there was a need to keep the easement. He added, if the homeowners association and the property owner could not reach agreement, there were other legal avenues for each to pursue. Council Member Hernandez concurred stating the Fire Department had evaluated the easement and determined it had no value as a public safety access and moved to deny the rehearing, seconded by Council Member Sidhu. Roll Call Vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion to deny the rehearing carried. PUBLIC HEARINGS: 32. This is a public hearing to consider the expenditure plan by the Police Department for funds of a Justice Assistance Grant, in the approximate amount of $700,000. This item wifhdrawn by sfaff. 33. CATEGORICAL EXEMPTION. CLASS 1 C220 CONDITIONAL USE PERMIT N0. 2008-05394 REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY NO.2008-00051 OWNER: Inc Aoun, P.O. Box 308, Buena Park, CA 90621 AGENT: 7-Eleven, 330 East Lambert Road, Brea, CA 92821 LOCATION: 1685 West Katella Avenue: This property is approximately 0.38 acre, having a frontage of 135 feet on the north side of Katella Avenue and 140 feet on the east side of Euclid Street, at the northeast corner of Katella Avenue and Euclid Street. The applicant proposes to establish a convenience market in an existing commercial building with a Type 20 (off-sale beer and wine) ABC license for the sales of beer and wine for off-premises consumption. 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: Approved CEQA, Categorical Exemption, Class 1 (Vote: 7-0) Approved Resolution No.PC2009-027, in part, to permit the convenience market with no sales of beer and wine (Vote: 5-2; Chairman Karaki and Commissioner Romero voted 'No')(PC2009-027) Public Convenience or Necessity No. 2008-00051-No action taken since alcohol sales were not approved as part of the conditional use permit. (Planning Commission meeting of February 18, 2009) (Appealed by Council Members Galloway and Kring) MOTION: S/K Categorical Exemption, Class 1 RESOLUTION NO. 2009-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2008-05394. RESOLUTION NO. 2009-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM finding and determining that the public convenience or necessity would be served by the issuance of an alcoholic beverage control license for the City Council Minutes of April 14, 2009 Page 12 of 16 premises located at 1685 West Katella Avenue, Anaheim, California (Determination of Public Convenience or Necessity No. 2008-00051). Mayor Pringle remarked his business had provided services to 7-11 corporation within the past year which meant he must declare a conflict of interest and would not participate in this matter and requested Mayor Pro Tem Hernandez conduct the public hearing. Sheri Vander Dussen, Planning Director, reported in February, the Planning Commission approved the applicant's request for a new 7-11 convenience market at the northeast corner of Euclid and Katella Avenue; however the Commission denied their request to sell beer and wine at this store. She noted the Commission's decision was appealed by two council members. The 7-11 proposed a 2,700 square foot convenience market in an existing commercial center that was recently renovated and awaiting the installation of landscaping. The market would be open at all hours of the day and night but state law limited alcohol sales between 6:00 A.M. and 2:00 P.M. During the hearing before the Commission, she stated, several members of the community expressed concerns about overconcentration of alcohol licenses in this vicinity and existing crime and homeless problems in the area. She also explained since there were eight off-sale licenses in the census tract and only five were permitted, a determination of public convenience and necessity was required. Based on testimony provided at the hearing, the Commission believed the area was over concentrated with off-sale licenses and that an additional beer and wine license could result in law enforcement problems. She noted there was an existing convenience market in the commercial center permitted to sell a full range of alcoholic beverages including individual containers of beer and wine and in the last year there had been three calls for police services at this center but none related to sale of alcoholic beverage. She ended her presentation remarking staff recommended approval of this request as the proposed market was not located in an area of high crime and the crime statistics for the existing market show alcohol sales did not result in crime or other problems in the area. Mayor Pro Tem Hernandez opened the public hearing, asking the applicant to offer a statement. Phillip Schwartz, consultant representing 7-11 Corporations, remarked that subsequent to meeting with the Planning Commission, many of the concerns of the existing liquor store had been eliminated, and Council should have correspondence from that store owner as well as the landlord to that effect. He added P&J Liquor had been in that commercial center a number of years and 7-11 looked forward to becoming a business neighbor. He added 7-11 was looking to expand and bring new facilities and services to Anaheim. Harvey Owen, Plaza center owner, appreciated Council's support of the proposed 7-11 store stating it would be a neighborhood store and would help the rest of the tenants in the Plaza. With no other comments offered, Mayor Pro tem Hernandez closed the hearing. Council Member Sidhu moved to approve Categorical Exemption, Class I, to approve Resolution No. 2009-066 of the City of Anaheim approving Conditional Use Permit No. 2008- 05394 and to approve Resolution No. 2009-067 of the City of Anaheim finding and determining that the public convenience or necessity would be served by the issuance of an City Council Minutes of April 14, 2009 Page 13 of 16 alcoholic beverage control license for the premises located at 1685 West Katella Avenue, Anaheim, California (Determination of Public Convenience or Necessity No. 2008-00051, seconded by Council Member Kring. Roll Call Vote: Ayes - 4: Mayor Pro Tem Hernandez and Council Members: Galloway, Kring and Sidhu. Noes - 0. Abstain - 1 (Mayor Pringle recorded conflict of interest on this item). Motion Carried. 34. CATEGORICAL EXEMPTION, CLASS 1 C28o ZONING CODE AMENDMENT N0. 2008-00071 CONDITIONAL USE PERMIT N0.2008-05369 VARIANCE NO. 2009-04771 OWNER: Sandy Stahl, ACR Trust, 1380 South Sanderson Avenue, Anaheim, CA 92806 AGENT: Nancy Parker, Quiel Signs, 272 South I Street, San Bernardino, CA 92410 LOCATION: Code Amendment - Citywide The applicant proposes an amendment to the sign code section of Title 18 "Zoning" of the Anaheim Municipal Code to permit freeway-oriented, freestanding readerboard signs for business schools. CUP and Variance Request - 1380 South Sanderson Avenue: This property is approximately 2.2 acres, with a frontage of 50 feet at the westerly terminus of Sanderson Avenue. The applicant also proposes to install a 65-foot high freeway-oriented, freestanding readerboard sign for an existing business school. The proposed sign is taller and larger than allowed by Code for freeway oriented signs. Environmental Determination: The proposed action is categorically exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 11 (Accessory Structures). ACTION TAKEN BY THE PLANNING COMMISSION: Denied Zoning Code Amendment No. 2008-00071 (Vote: 7-0) (PC2009-012) Denied Conditional Use Permit No. 2008-05369 (Vote: 7-0) (PC2009-013) Denied Variance No. 2009-04771 (Vote: 7-0) (PC2009-014) (Planning Commission meeting of February 18, 2009) (Appealed by applicant) MOTION: S/K Categorical Exemption, Class MOTION: S/K Uphold Planning Commission's decision denying Zoning Code Amendment No. 2008-00071. RESOLUTION NO. 2009-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying Conditional Use Permit No. 2008-05369 and Variance No. 2009-04771 (1380 South Sanderson Street). OR ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Subsections .010 of Section 18.44.050 and .010 of Section 18.44.100 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code relating to signs (Zoning Code Amendment No. 2008-00071). City Council Minutes of April 14, 2009 Page 14 of 16 Sheri Vander Dussen, Planning Director, reported ACR Trust (the applicant) was proposing a code amendment to permit freeway oriented free-standing electronic readerboard signs for business schools subject to approval of a conditional use permit. This amendment would allow the applicant to construct a new sign for an air conditioning school located at 1380 South Anderson Street adjacent to the 57 freeway. On February 18th, she stated, the Planning Commission recommended Council deny ACR Trust's request and also denied a conditional use permit to construct a 55 foot high freeway oriented sign that would include a readerboard for the existing air conditioning business school. The Commission also denied a variance to permit the sign to be taller and larger than the code allowed. She indicated the new sign was proposed to replace the existing pole sign in the same location and that the grade of the center was 20 feet below the grade of the freeway and the sign would be setback 150 feet from the freeway right-of-way. The applicant stated the purpose of the new sign was to provide better visibility next to the freeway due to the commercial center's grade level being lower than the freeway and because the business was difficult to find. The existing sign was 45 feet tall and the proposed sign would be 65 feet tall with both signs having 150 square feet of space. She noted code permitted a maximum height of 30 feet and a maximum sign face of 108 square feet and that if Council wished to approve the sign, an approval of a variance was required. Referencing electronic readerboards, Ms. Vander Dussen stated the zoning code currently permitted them for certain businesses and in conjunction with commercial recreation facilities, theaters, hotels and motels with minimum site area of four acres, public and private schools, auto dealers with a minimum site size of three acres, commercial retail centers with minimum site area of 25 acres and churches. The Commission, she explained, denied the applicant's request to add business schools to this list, finding it was not warranted and also determined readerboard signs were not appropriate for business schools anywhere in the city and expanding the number of businesses eligible for readerboards could have an adverse impact on City's freeways and major arterials. Mayor Pringle opened the public hearing and invited the applicant to speak. Rick Thomas, ACR Trust project manager, remarked his client submitted this application to the City 18 months ago, and understood the need for a conditional use permit, but felt a citywide code amendment unnecessary. He remarked the air conditioning and refrigeration center was a private school, training and certifying their students and the school had no other method other than trade magazines and job fairs to notify the public when classes were being held. Regarding the requested sign height of 65 feet, Mr. Thomas remarked that height was necessary as the property site was 20 feet below the freeway grade. Gary Quill, Quill Brothers Signs, stated the readerboards were regulated by Caltrans and could be regulated for static display. He stated the 65 foot height was needed in order to have the sign visible on the freeway based on his company's flag test and drive-bys. Jack Wilkerson, Air Conditioning Trust Funds, explained the apprenticeship trust was a five year non-profit program, regulated by the Department of Labor and the sign would provide a method to advertise the programs to attract new students and requested the various denials be reversed and the requested signs allowed. With no other comments offered, Mayor Pringle closed the hearing. City Council Minutes of April 14, 2009 Page 15 of 16 After discussion was held on the various large signs in existence near this location, Council Member Sidhu remarked Council had been looking for ways to remove freeway billboard signs and he would not be in a position to add any more signs on Anaheim's freeways. Mayor Pringle remarked that he would probably consider updating and replacing the existing sign and thought the applicant could utilize methods other than an electronic readerboard to advertise his business. Council Member Kring was in favor of updating the existing sign, with Ms. Vander Dussen pointing out, if the shape of the existing sign was changed, a variance would be required by code. Council Member Sidhu moved to approve Categorical Exemption, Class 1 and to uphold the Planning Commission's decisions denying Zoning Code Amendment No. 2008-00071 and to approve RESOLUTION NO. 2009-068 OF THE CITY OF ANAHEIM denying Conditional Use Permit No. 2008-05369 and Variance No. 2009-04771, seconded by Council Member Kring. Roll Call Vote: Ayes - 4: Mayor Pringle and Council Members: Galloway, Hernandez, Kring, and Sidhu. Noes - 1: Council Member Hernandez. Motion Carried. Report on Closed Session Actions: None Council Communications: Council Member Hernandez expressed his condolences to the families of 11 year old, Bentley Towet; Public Library Board Member, Burton Earl Fink; and Angels' pitcher, Nick Adenhart. He spoke of his attendance for the grand opening of the Diamond Apartment Homes and announced the down payment assistance program for qualified foreclosed residential properties in the City. Council Member Galloway spoke of her attendance at the Serang Church event held on Saturday, April 11`"; announced the International Family Justice Center Conference to be held on April 21-23, 2009 and the Denim and Diamonds Gala to be held on April 22, 2009. She also recognized City employee, Edgar Flores of the Convention Center. Council Member Kring spoke of her attendance at the grand opening of the Diamond Apartment Homes and expressed her condolences to the families of Burton Earl Fink and Nick Adenhart and requested the meeting be adjourned in their memory. Council Member Kring also requested the Public Utilities Department distribute flyers to businesses on methods of conserving water. Council Member Sidhu spoke of his attendance at the grand opening of the Diamond Apartment Homes and announced the AC-NET 2009 Clean Tech Business Plan Competition at Cal State Fullerton on April 15`" and the Health Fair to be held on June 7`" at the Brookhurst Community Center. He also expressed his condolences for Angels' pitcher Nick Adenhart, Courtney Stewart and Henry Pearson. Mayor Pringle spoke of his attendance at the Anaheim YMCA Good Friday breakfast. He spoke of the AC-NET 2009 Clean Tech Business Plan Competition and the Mayor Tech Scholar Program. . Adjournment: City Council Minutes of April 14, 2009 Page 16 of 16 At 8:57 p.m., Mayor Pringle adjourned the meeting in memory of Burton Earl Fink, Nick Adenhart, Courtney Stewart and Henry Pearson. Respe u submitted, Linda N. Andal, CMC City Clerk