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2009/08/11 ANAHEIM CITY COUNCIL REGULAR MEETING OF AUGUST 11, 2009 The regular meeting of August 11, 2009 was called to order by Mayor Pringle at 3:07 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on August 7, 2009 on the kiosk outside City Hall. PRESENT: Mayor Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley and City Clerk Linda Andal HOUSING ELEMENT /PRELIMINARY DISCUSSION OF AFFORDABLE HOUSING STRATEGIC PLAN: Elisa Stipkovich, Executive Director of Community Development, announced this was the first of two workshops to review the City's housing strategies and policies, with the second workshop scheduled for August 25th to address the extension of the Affordable Housing Strategic Plan "AHSP Background: The Housing Element, she explained, was a required element of the City's General Plan and was the city's primary housing policy document which detailed both existing and future long -term development needs. In the Housing Element, there were three key indicators which determined existing housing need: overpayment, overcrowding and substandard conditions. She remarked one quarter of Anaheim households experienced overpayment and /or overcrowding with 1,826 units considered substandard and 2,471 units within the City's Level III and Level IV priority neighborhoods also considered substandard and overcrowded. She added the age of housing was also an indicator of potential need for rehabilitation and of approximately 100,000 units in the City, 37,500 owner occupied units and 36,000 renter occupied units were built prior to 1980 making them over 30 years of age. Another category of existing need was "at- risk" units which were units tied to long -term affordable covenants. When those units were close to the expiration dates of the covenants, they would be considered at risk and the Housing Element identified 272 units that would be considered at risk during the time frame for this Housing Element, year 2006 to 2014. She indicated the Housing Element required Anaheim to describe how it intended to address existing needs and those programs identified in the Housing Element were: rental assistance, down payment assistance, rehabilitation programs, loan programs, preservation of at risk units and homeless prevention programs. Ms. Stipkovich provided a chart which identified affordable housing income categories. In Orange County, stating the median income for a family of four was $86,100. All income limits were then adjusted by household -size based on that median and fell into the categories of: extremely low, very low, low and moderate incomes. Mayor Pringle requested the chart and this presentation be displayed on the City's website as it was important for those interested in affordable housing to understand the incomes and family sizes related to each of the affordable housing categories. Ms. Stipkovich stated the Housing Element also required Anaheim to address future housing needs and that those housing projection needs or RHNA (Regional Housing City Council Minutes of August 11, 2009 Page 2 of 13 Needs Allocations) were provided to the City by Southern California Association of Governments "SCAG and the state. Those RHNA projection numbers were established by SCAG as Anaheim's fair share of the regional new construction needs for this new time period and the City was required to demonstrate that land use and zoning designations could accommodate the new construction goals and those 9,498 units could be built or could be accommodated through its land use policies. Of the 9,498 units, the Housing Element identified that Anaheim would expect to build 4,868 units during this new planning period. She emphasized the fact that the City was already three years behind the time frame of the Housing Element due to the State's delay in issuing new RHNA projections. Ms. Stipkovich confirmed Anaheim's general plan capacity well exceeded RHNA guidelines remarking the City had created more housing opportunities than required to provide more flexibility in addressing the proposed goals because there were more sites where the City could consider those opportunities. For this planning period, she pointed out, the City had already completed 933 units, starting back to year 2006 and the remaining goal of 3,935 units was to be constructed by year 2014. Past Housing Element Period 1998 to 2005:The previous Housing Element planning period was from 1998 to 2005 and as a comparison, Ms. Stipkovich pointed out the City had exceeded its construction goals by 1,145 units, exceeding the very low and low income by 392 and exceeding above moderate by 1,058 units. She noted that much of the above moderate success was due to the fact that there was an extraordinary housing market during that time frame. Referencing redevelopment law requirements, Ms. Stipkovich stated the Redevelopment Agency had an obligation to build 15 percent of all housing units within a project area as affordable and in Anaheim's case; the redevelopment requirement had been exceeded by 1,444 units. AHSP Annual Update: Providing the annual update on the Affordable Housing Strategic Plan "AHSP adopted in 2005, she indicated the City's key purpose was to allocate resources towards the production of affordable housing. The four primary objectives were: 1) to create 1,349 units as affordable family rentals, 2) to explore additional funding sources, 3) enhance zoning and building practices and 4) create a motel coordinator position. Significant progress had been made in the construction of affordable family units and to date 523 units were completed, 192 were under construction, 266 were currently applying for tax credits and 581 were proposed on agency -owned sites. To meet the objective of increased funding, the Agency had increased its tax increment requirement for set -aside from 20 percent to 30 percent which translated to approximately $8 million per year and in implementing the AHSP, she noted, the Agency expended $45.7 million in set -aside funds and was able to secure other funding from state and federal sources worth $19.8 million. Those funds, she stressed, facilitated Anaheim's ability to receive tax credit projects in the City valued at $101.2 million. She emphasized, the success of the AHSP relied heavily on the Agency's acquisition of sites and the selection of developers who pursued tax credit applications. Addressing the 3rd objective of enhancing zoning and building practices, Ms. Stipkovich remarked staff had revised the City's density bonus ordinance to offer developers additional incentives that went beyond state law and to date, five projects benefitted from the updated ordinance and additional affordable projects benefitted from an expedited entitlement and plan check process which reduced processing time by 20 days. She pointed out a proposed overlay zone which allowed housing on properties currently designated as non residential had been placed on hold due to the lack of economic 2 City Council Minutes of August 11, 2009 Page 3 of 13 feasibility. And, lastly, the fourth objective to create a motel coordinator was accomplished and the coordinator had worked with motel families to put them in touch with social services and to transition them into permanent housing. To date, 101 families had been transitioned and over 1,100 individuals received social services. She added other accomplishments during this period saw the preservation of 180 units that were at risk, the rehabilitation of 224 affordable rental units and the construction of 182 new affordable for -sale units. Extension of AHSP: Since its adoption in 2005, Ms. Stipkovich commented, the AHSP provided clear policy direction for the production goals and allocation of City resources and as the 4 year was reached, staff proposed draft recommendations for extending the Plan. In addition to completing the current construction goals, staff recommended extension of the plan to 2014 to make it consistent with the Housing Element. It was also proposed to broaden the scope of the plan to include home ownership and rehabilitation of units, in addition to the new construction goals. It was also recommended that the plan adopt 1,550 additional unit goals which would include multifamily rental, for sale housing, new construction, substantial rehabilitation of units and at -risk preservation. She explained that such was the preliminary recommendation and staff would discuss this with the community for their input prior to the next Council workshop. She added staff would also like to expand the program to consider addressing more of the existing needs in terms of overcrowding, overpaying and substandard conditions, consisting of down payment assistance, rental assistance, single family rehabilitation and continuation of the Section 8 program. Ms. Stipkovich ended her presentation stating the draft recommendations were based on the assumption that the City would continue to receive redevelopment funds from the State. She pointed out the State, to balance its budget, was taking redevelopment agency funds statewide and the City was preparing to litigate that issue. If that litigation was not successful, she would revise her proposed projections since they were based on using redevelopment set -aside funds and would return to Council for direction. Mayor Pringle discussed the State's takeaway of $1.7 billion in statewide redevelopment funds this year and an additional $350 million in the next fiscal year and the potential affect on funding future redevelopment set -aside dollars. He requested, should Council extend the Affordable Housing Strategic plan, a caveat be added to the Affordable Housing Strategic Plan which addressed the effects of any reduced redevelopment funds available during the AHSP period. Mayor Pringle invited public comments on this presentation. Caesar Covarrubias, Kennedy Commission, commended staff and the City in creating affordable housing for the community and enhancing neighborhoods as a result. He believed Anaheim, because of its aggressive purchase of affordable sites, was in a better position than most cities for continuing its affordable housing commitment. Mayor Pringle commented those sites had been accounted for in the current strategic plan. Council Member Galloway requested clarification on remaining parcels available for affordable housing. Ms. Stipkovich remarked that land purchases had been accounted for in terms of projects identified in the existing Affordable Housing Strategic Plan which addressed rental units only. As the scope of the strategy was broadened to include for sale units during the next phase, she stated, more sites could come into play. 3 City Council Minutes of August 11, 2009 Page 4 of 13 ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 3:52 P.M., Council recessed to closed session to consider the following items: CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Priceline.com Inc. et al. v. City of Anaheim et al., Orange County Superior Court, Case No. 30 -2009 00244120 and related cases. 2. CONFERENCE WITH LEGAL COUNSEL 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. 07CC08763. 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Juan Antonio Castaneda Franco v. City of Anaheim, Orange County Superior Court, Case No. 30 -2008 00115395. Mayor Pringle reconvened Council session at 5:00 P.M. Invocation: Dr. P. Wayne Palmer, Freedom Bible Church Flag Salute: Council Member Lucille Kring Acceptance of Other Recognitions (To be presented at a later date): Recognizing Martin A. Sklar on his retirement from Walt Disney Imagineering At 5:10 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and Anaheim Housing Authority (in joint session with the Anaheim City Council). ADDITIONS /DELETIONS TO THE AGENDAS: Staff requested Item No. 7 be withdrawn from the agenda. PUBLIC COMMENTS (all items except public hearings): Melissa Bellis, Health Educator with National Council on Alcoholism and Drug Dependence, Orange County, announced a new project in Anaheim Hills focusing on the prevention of under -aged drinking. The specific objectives were to increase parents and adult awareness about under -aged drinking and its adverse consequences, and to educate the community about effective strategies to reduce underage drinking. JOINT PUBLIC HEARING (AGENCY /HOUSING AUTHORITY /COUNCIL): 1. This is a continued joint public hearing among the Redevelopment Agency, D175 Housing Authority and City Council to transfer property located at 1272 E. Lincoln Avenue from the Anaheim Housing Authority to the Anaheim Redevelopment 4 City Council Minutes of August 11, 2009 Page 5 of 13 Agency and to approve the sale of this property to Taormina Family Capital Fund, LLC (Continued from Council meeting of July 28, 2009). City Council Action: Approve a Disposition Agreement between the Anaheim Redevelopment Agency and Taormina Family Capital Fund, LLC for the sale of the property located at 1272 E. Lincoln Avenue. Elisa Stipkovich, Executive Director of Community Development, reported this joint public hearing was to consider the disposition of property currently held by the Anaheim Housing Authority for intended use as an affordable housing site. As the Authority was unable to acquire additional property for a sufficiently large parcel to develop the site, staff recommended the Housing Authority transfer 1272 East Lincoln Avenue back to the Redevelopment Agency who had funded the property acquisition. Staff also recommended that the Redevelopment Agency then sell the property to Taormina Family Capital Fund as they were the adjacent property owner on both sides of this parcel and had offered fair market value for the property. She noted there would be a requirement for the owner to consolidate his parcels into one and a deed restriction would be placed on the property stipulating that requirement. The developer would also be required to continue to lease the site to the Anaheim Police Athletic League while the parcel was still being considered for future development. Ms. Stipkovich explained the Taormina Family Capital Fund had offered $675,000 for the property and that based on the City's own independent appraisal, it had been determined this offer was fair market value. She added the City had purchased the property for $528,000 and would receive net revenue to the Agency set -aside funds of $147,000 with this action. Mayor Pringle opened the public hearing. Council Member Galloway asked what would happen to the property once it was sold. Bill Taormina, developer, indicated the objective for the property was to build the Anaheim Resort Village apartments as an affordable housing project. In addition, a shuttle system to and from the Anaheim Resort for employees would be provided, an English language training center would be established, as well as a Boys and Girls Club annex and a large swimming pool and recreation area would be built on the Agency owned land. He indicated this would be a multi -story, high density, affordable housing project and he hoped the financing would be available within three to five years. With no other comments offered, Mayor Pringle closed the public hearing. Council Member Kring thanked Mr. Taormina for leasing the site to the Anaheim Police Athletic League at a nominal figure and moved to approve a Disposition Agreement between the Anaheim Redevelopment Agency and Taormina Family Capital Fund, LLC for the sale of the property located at 1272 E. Lincoln Avenue, seconded by Council Member Galloway. Roll Call Vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. Council session was then recessed while the Agency and Housing Authority agendas were continued, and upon the adjournment of the Agency and Housing Authority, Council reconvened at 5:16 P.M. CONSENT CALENDAR: Mayor Pringle indicated Item No. 7 had been withdrawn from the agenda and Council Member Hernandez requested Item No. 11 be removed from 5 City Council Minutes of August 11, 2009 Page 6 of 13 the Consent Calendar for further discussion. Council Member Hernandez 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 CaII Vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried; Item No. 14, Council Member Kring abstained from the approval of the July 21, 2009 minutes Ayes 4; Noes 0; Abstentions 1) 3. 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. 4. Accept the most responsive proposal from FLIR Systems, Inc., in the amount of D180 $858,411.98 including taxes, for an airborne, multi- sensor, camera system for the Police Department. 5. Waive the sealed bid requirement of Council Policy 4.0 and approve the AGR- 3115.D agreement with California Forensic Phlebotomy, Inc., in an amount not to exceed $102,000 including taxes, for phlebotomy services, for a one -year period with four one -year optional renewals, and authorize the Purchasing Agent to exercise the renewal options. 6. Authorize the Director of the Community Services Department to accept a D150 donation from the Anaheim Public Library Foundation, in the amount of $22,000, for Library collections and amend the Community Services Department fiscal year 2009 -10 budget accordingly. 7. Approve the Second Amendment to Agreement with ASM Enterprises, Inc. for AGR 2745.2 food and beverage service at the Dad Miller Golf Course. 8. Approve the revised project list as required by the California Department of D175 Finance for participation in Proposition 1B Local Streets and Roads Improvement, Congestion Relief, and Traffic Safety Account Funds (La Palma Ave., Serrano Ave., Olive St., and Katella Ave.- Storm Drain Only). 9. Approve the Addendum to Temporary Construction Easement with Automobile AGR- 5646.1 Club of Southern California for property located at 5500 East Santa Ana Canyon Road for the Santa Ana Canyon Road Street Improvement project from Lakeview Avenue to Imperial Highway. 10. RESOLUTION NO. 2009 -135 A RESOLUTION OF THE CITY COUNCIL OF AGR- 1464.V.2 THE CITY OF ANAHEIM approving the Second Amendment to the Facility Management Agreement with Anaheim Arena Management, LLC and approving the taking of related actions. 12. RESOLUTION NO. 2009 -137 A RESOLUTION OF THE CITY COUNCIL D159 OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Planning Department). 6 City Council Minutes of August 11, 2009 Page 7 of 13 13. ORDINANCE NO. 6153 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending subsection .010 of Section 18.38.240 and various sections of Chapter 18.44 of Title 18 of the Anaheim Municipal Code. (Introduced on July 28, 2009, Item No. 28). 14. Approve minutes of the regular meetings of July 21, 2009 and July 28, 2009. Council Member Kring abstained from the minutes of July 21, 2009. END OF CONSENT: 11. RESOLUTION NO. 2009 -136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manager or her D182 designee to submit an application on behalf of the City of Anaheim to the State of California and the California State Water Resources Control Board for the Expanded Use Clean Water State Revolving Fund Loan Program and, if awarded, authorizing the acceptance of such project assistance on behalf of the City of Anaheim. Don Calkins, Assistant General Manager, Water Utilities, remarked this item was for authorization to submit a grant application to the State for funding under the Federal American Recovery and Reinvestment Act of 2009. The application would be to fund design and construction of a storm water infiltration pilot project at the Utility Service Center located on Vermont Avenue by East Street and would take runoff from a large paved area and inject it into the groundwater basin following treatment to clean the water. This project, he noted, would help alleviate flooding which occurred during heavy rains, would reduce flows to the storm drain system and more importantly, help recharge the groundwater basin with treated storm water. If it proved successful, he remarked, this type of infiltration project could be used throughout the City and the County to help improve local groundwater supplies. Council Member Hernandez highlighted the City's effort to make the environment cleaner and set an example for other entities to follow in this effort at water recycling and conservation. Council Member Hernandez then moved to approve the RESOLUTION OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manager or her designee to submit an application on behalf of the City of Anaheim to the State of California and the California State Water Resources Control Board for the Expanded Use Clean Water State Revolving Fund Loan Program, and if awarded, authorizing the acceptance of such project assistance on behalf of the City, seconded by Council Member Kring. Roll Call Vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. PUBLIC HEARINGS: 15. This is a public hearing to consider authorizing the submittal of a HUD Section D155 108 Loan, amending the City's One -Year Action Plan for fiscal year 2009 -2010, authorizing the purchase of property located at 2600 East Miraloma Way and approving a $15 million increase in the fiscal year 2009 -2010 Community Development Department budget, contingent upon receipt of HUD 108 Loan funds. 7 City Council Minutes of August 11, 2009 Page 8 of 13 RESOLUTION NO. 2009 -138 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (I) authorizing the submittal of a Section 108 Loan Guarantee Application to the United States Department of Housing and Urban Development, (II) amending the City's One -Year Action Plan for fiscal year 2009- 2010 to include such application, and (III) making certain findings in connection therewith. Authorize the purchase of property located at 2600 East Miraloma Way, contingent upon receipt of HUD 108 Loan funds and a purchase price not to exceed the appraised value. MOTION: H/G Approve a $15 million increase in the FY 2009 -2010 Community Development Department budget, upon receipt of HUD 108 Loan funds. MOTION: H/G Elisa Stipkovich, Executive Director of Community Development, explained that Anaheim was eligible to participate in the Section 108 Loan Guarantee Program which allowed the City to borrow against future CDBG funds in order to fund large -scale CDBG eligible projects and repay the loan with future CDBG or other funds. To apply for the 108 Loan, the City must amend its FY 2009 -10 Annual Action Plan "AAP to incorporate the proposed 108 Loan Application and add the projects proposed for loan funding. She stated staff recommended the City apply for a $15 million Section 108 Loan to be repaid over a 20 -year period to fund four projects: Anaheim Family Justice Center Acquisition, Thornton Brady Storm Drain Construction, Miraloma Park Site Acquisition and Development, and the Packinghouse Historic Preservation Project. She added all costs were current estimates and the City could adjust project costs as needed within the $15 million budget. If approved by HUD, the 108 Loan funds would be available in early 2010 with the estimated annual loan payment reflecting $1.2 million, with approximately $800,000 funded from CDBG and $400,000 from Redevelopment Agency funds Mayor Pringle confirmed all of the proposed projects were in eligible target areas for use of CDBG funds, remarking he was supportive of maximizing the use of CDBG funds stating the City would get better value for construction dollars at this time rather than putting the projects off for the future and opened the public hearing for comments. Receiving none, he closed the public hearing. Council Member Hernandez moved to approve the RESOLUTION OF THE CITY OF ANAHEIM (i) authorizing the submittal of a Section 108 Loan, (ii) amending the City's one year action plan for FY 2009 -2010 to include such application and (iii) making certain findings, and to authorize the purchase of property located at 2600 East Miraloma Way, contingent upon receipt of HUD 108 loan funds and a purchase price not to exceed the appraised value and to approve a $15 million increase in the FY 2009- 2010 CDD budget, upon receipt of HUD 108 Loan funds, seconded by Council Member Galloway. Roll Call Vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. 16. CEQA CATEGORICAL EXEMPTION CLASS 1 C220 CONDITIONAL USE PERMIT NO. 2009 -05422 REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2009 -00060 OWNER: KF Harbor LLC, 6125 San Vicente Blvd., Los Angeles CA 90048 8 City Council Minutes of August 11, 2009 Page 9 of 13 AGENT: Jacob Poozhikala, 7101 Monroe Avenue, Buena Park, CA 90620 LOCATION: 859 South Harbor Boulevard REQUEST: The applicant proposes to operate a convenience market with the sales of beer and wine for off premises consumption in an existing commercial building. The applicant also requests a determination that the public convenience or necessity would be served by the issuance of a Type 20 (off sale beer and wine) alcoholic beverage license for this convenience market. ENVIRONMENTAL DETERMINATION: The proposed action is categorically exempt from the requirement to prepare environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). ACTION TAKEN BY THE PLANNING COMMISSION: Approved CUP No. 2009 -05422 (PC2009 -058) Approved PCN No. 2009 -00060 with deletion of Condition No. 5 (PC2009 -059) (VOTE: 4 -2; Chairman Karaki and Commissioners Buffa, Eastman, and Romero voted yes; Commissioners Agarwal and Faessel voted no; Commissioner Ramirez absent). (Planning Commission meeting of May 27, 2009; Appealed on June 15, 2009) RESOLUTION NO. 2009 -139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2009 -05422 (859 South Harbor Boulevard). RESOLUTION NO. 2009 -140 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 premises located at 859 South Harbor Boulevard, Anaheim, California (Determination of Public Convenience or Necessity No. 2009 00060). C.J. Amstrup, Planning Services Manager, reported on May 27 the Planning Commission approved a neighborhood convenience market which included sales of beer and wine in an existing commercial building located at 859 South Harbor Boulevard. The Commission's decision was appealed to the Council by Mr. Khoda Ostowari, who owned a nearby service station with a convenience market that sold beer and wine. In his appeal letter, Mr. Ostowari stated that he supported the convenience market but requested Council deny the sale of beer and wine as he believed his conditional use permit "CUP limited the number of Alcohol Beverage Control "ABC licenses and would cause his license to be revoked. Mr. Amstrup pointed out research on the original application determined while the original CUP included conditions that limited the number of ABC licenses, that condition was removed by the Planning Commission in 2003, which meant approval of this CUP would not jeopardize Mr. Ostowari's license. Mr. Ostowari also opposed approval of the ABC license due to the high crime rate in this area and that an overconcentration of ABC licenses made the determination of public convenience and necessity unnecessary since there were two other businesses with existing ABC licenses within short walking distances of this property. Mr. Amstrup pointed out that the property was in a reporting district having a crime rate of 154 percent above the City's average and that there were six existing ABC licenses for off sale consumption, when four were permitted based on population within the census tract and that the property was located within 400 feet of two churches and one preschool. Based on these facts, Mr. Amstrup informed Council that the Anaheim Police 9 City Council Minutes of August 11, 2009 Page 10 of 13 Department did recommend to the Planning Commission approval of the convenience market, but that the sale of beer and wine be denied. He further reported that the Police Department also provided conditions of approval in the event the Commission authorized the sale of beer and wine and that was to restrict the sale of singles. He stated the Planning Commission took into account the crime statistics, the number of licenses in the census tract and the recommendations of the Police Department in considering the applicant's request and included the Police Departments recommended conditions. Based on these facts, staff recommended approval of the CUP and denial of the requested appeal. Mayor Pringle opened the public hearing for comments. Mr. Ostowari, the appellant, stated the Planning Commission should have considered the issue of convenience and necessity to approve the CUP, as well as to consider the high crime rate in the area and the number of existing ABC licenses. He emphasized the crime rate for the area was 154 percent above average and the census tract allowed for four off -sale ABC licenses in the area when there were currently six. He also stated the Police Department had recommended the convenience store be approved and that the ABC license be denied. Since there were two locations within a 300 foot radius that had ABC licenses, Mr. Ostowari did not feel there was a necessity to add another one. Mr. Ostowari made it clear that he did not object to the convenience market but due to the over concentration of ABC licenses coupled with the high crime rate, he asked Council to reverse the Planning Commission's approval in granting the off -sale ABC license at this location. Mayor Pringle remarked that this neighborhood had no other grocery stores in the area of Harbor Boulevard and the sale of beer and wine in this grocery store would be a convenience to the neighborhood clientele using this store. Jacob Poozihikala, applicant, remarked his concept was for a specialized grocery store in a commercial complex, and he believed his business would improve the commercial center which now showed several vacancies. He requested Council's approval of his permit. With no other public comments, Mayor Pringle closed the public hearing. Mayor Pringle confirmed with staff that the owner of the service station would not lose his alcohol license with the approval of this conditional use permit. Council Member Sidhu asked Police Chief John Welter for clarification of the Police Department's recommendation and of the above average crime rate. Chief Welter responded that the Department had recommended approval of the convenience market and had requested a condition be placed on the permit prohibiting the sale of singles (beer and wine), if the ABC permit was approved. The crime rate was 154 percent above average; however he stated the department had only received a couple of calls for service in that area. Mayor Pringle pointed out the determination of an above average crime rate in a census tract was misleading. A census tract with commercial property as compared to a census tract with single family residential homes presented a challenge in denying a business right because more criminal calls could happen in a commercial area rather than residential. 10 City Council Minutes of August 11, 2009 Page 11 of 13 Council Member Galloway indicated she was familiar with this location and building having rented commercial space in that complex for several years. She added the grocery store would be advantageous to the families living in this area, many of whom did not drive and she would support a grocery store with the sale of beer and wine included. Council Member Hernandez concurred, stating he did not see the relationship between alcohol related crimes and a grocery store that included the sale of beer and wine products. He then moved to approve RESOLUTION OF THE CITY OF ANAHEIM approving CUP 2009 05422; and to approve RESOLUTION 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 premises located at 859 South Harbor Boulevard, seconded by Council Member Galloway. Roll Cali vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. 17. CEQA MITIGATED NEGATIVE DECLARATION C140 GENERAL PLAN AMENDMENT NO. 2008 -00467 LOCATION: Citywide REQUEST: The City of Anaheim proposes to amend the General Plan to update the Housing Element for the 2006 -2014 planning period. ENVIRONMENTAL DETERMINATION: A Mitigated Negative Declaration has been determined to serve as the appropriate environmental documentation for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). ACTION TAKEN BY THE PLANNING COMMISSION: Approved Resolution PC2009 -068 determining that a Mitigated Negative Declaration is the appropriate environmental documentation for this request and recommended City Council approval of GPA No. 2008 00467, including errata submitted at the meeting (VOTE: 5- 0;Chairman Karaki and Commissioners Ament, Faessel, Ramirez and Romero voted yes; Commissioners Agarwal and Buffa absent) (Planning Commission meeting of July 8, 2009) RESOLUTION NO. 2009 -141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2008 -00467 pertaining to the Housing Element. Sheri Vander Dussen, Planning Director, reported this general plan amendment would update the City's Housing Element for the 2006 -2014 planning period. Providing background on the process, she stated the City had begun public outreach efforts for the Housing Element, including evening and weekend workshops held across the City, attended by residents, housing advocates and other stakeholders. Council had also appointed a 10- member Housing Element ad hoc committee to assist with the update. In April of 2008, staff presented the Housing Element's policy program to Council at a workshop, followed in May by Council's review of the draft Housing Element and the authorization of its transmittal to the State Department of Housing and Community Development "HCD Since that time, staff worked cooperatively with HCD to insure documents complied with state law and received notice in June that the draft Housing Element was in full compliance. 11 City Council Minutes of August 11, 2009 Page 12 of 13 In response to comments from the State, Ms. Vander Dussen noted, staff made various changes to the document with the only significant policy revision related to identification of additional housing opportunity sites and the recommendation of an associated housing opportunity overlay zone. The opportunity site identified included approximately 200 parcels of land citywide that presently were not designated for residential land uses under the City's general plan while the overlay zone provided the owners of these sites with the option of developing their property with a residential land use consistent with the general plan or continue to use their property in a manner consistent with existing zoning designation. She pointed out Anaheim's overall Regional Housing Needs Allocation "RHNA for the 2006 -2014 planning period was 9,498 units, adding that the City was not required to build this number of units but had to demonstrate there was a general plan capacity to accommodate that number of units. In fact, she pointed out, the general plan could accommodate about 30,000 additional units so RHNA could easily be accommodated within existing land use designations. Specific construction goals were targeted at just under 5,000 units within five different income categories and she stated that target figure had been accepted by HCD. After the city received compliance letter form HCD, the draft Housing Element was presented to City's Housing and Community Development and Planning Commissions who unanimously recommended Council approval of the documents. She ended her presentation stating once the Housing Element had been adopted, it would be submitted to the State for final certification and recommended Council take action to approve. Mayor Pringle opened the public hearing and receiving none, closed the hearing. Council Member Hernandez stated there were a number of important components within the Housing Element such as universal design, sustainable development and green building concepts, child care design and others and commended staff for crafting such a comprehensive document. He then moved to approve RESOLUTION OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2008 -00457 pertaining to the Housing Element, 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: None Council Communications: Council Member Hernandez announced a car wash in support of donations for the 13 Marine Expeditionary Unit would be held at the East Anaheim Community Center on Santa Ana Canyon Road. He also announced that on August 21 and 22 a free foreclosure prevention workshop was offered at the downtown Anaheim Community Center hosted by the Community Development Department and California Senator Lou Correa's office, inviting interested persons to attend. Council Member Galloway recognized City employee Scott Koehm from the Planning Department. Council Member Kring remarked on the Anaheim Rotary and Anaheim Beautiful anti graffiti clean -up project and the improvements made to the Veterans First Living Facility 12 City Council Minutes of August 11, 2009 Page 13 of 13 at 1135 West North Street by Rebuilding Together Orange County and Veterans First of Orange County. She announced over 100 volunteers from various organizations made significant improvements to this facility. Council Member Sidhu congratulated theD.E.V.O.T.E organization for raising $2,375 towards the Relay for Life health community event held on August 8 and asked the community to support the U.S. Men's National Volleyball Team as they competed at the 2010 Men's World Championship Qualifications Tournament on August 15 -17 Mayor Pringle announced OCTA's new CEO, Will Kempton, formerly Director of Caltrans, would be attending the next meeting to share his commitment in getting Orange County moving and provide relief on the freeway system and support of transit. As the Chairman of California High Speed Rail Authority, he attended a workshop in Sacramento and detailed the progress being made as Anaheim was one of the premier segments of the high speed rail effort to build a system from San Francisco to Anaheim. Adjournment: At 6:24 P.M., with the consent of Council, Mayor Pringle adjourned the August 11, 2009 City Council meeting. Rejully submi ed, o Linda N. Andel, CMC City Clerk 13