2010/03/23ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED
MEETING OF MARCH 23, 2010
The meeting of March 23, 2010 was called to order at 3:00 P.M and adjourned to 4:30
P.M. for lack of a quorum. Mayor Pringle called to order the regular adjourned meeting
of March 23, 2010 at 4:32 P.M. in the Chambers of Anaheim City Hall located at 200
South Anaheim Boulevard. A copy of the agenda was posted on March 19, 2010 on the
kiosk outside City Hall.
PRESENT: Mayor Curt Pringle and Council Members: Lord Galloway, Bob Hernandez,
Lucille Kring and Harry Sidhu.
STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and
Assistant City Clerk Theresa Bass
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Council recessed to closed session for consideration of 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.
Invocation: Rabbi Mordecai Kieffer, Temple Beth Emet
Flan Salute: Council Member Bob Hernandez
Acceptance of Other Recoanitions (To be presented at a later date):
Recognizing Sandy Segerstrom Daniels for her contribution to the
Festival of Children Foundation
Proclaiming March 25, 2010, as Greek Independence Day
Recognizing the 2010 Luevano Foundation Honorees
Recognizing the Orange County Conservation Corps participants
Max Carter, Executive Director of OCCC, accepted the certificates on behalf of the
participants and thanked the City Council for their recognition.
At 5:07, Mayor Pringle called to order the Anaheim Redevelopment Agency, Anaheim
Housing Authority and Anaheim Industrial Development Authority (in joint session with
the Anaheim City Council).
Council Meeting Minutes of March 23, 2010
Page 2 of 10
ADDITIONS /DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda Items except public hearings):
Rosa Redon, US Census, provided an update to the 2010 Census, reporting the current
response rate was 16 percent and explaining the importance of residents returning their
census forms.
Gianna Solari, Solari Enterprises, thanked the Anaheim Fire and Public Utilities
Departments for their quick response to a fire incident on their property.
Mark, addressed comments to Item No. 20, expressing support in establishing a permit
parking district in the Bellevue neighborhood which would help relieve loitering issues as
well as parking problems.
Katie Swyce, addressed her comments to Item No. 20, citing her concerns with
individuals parking in her neighborhood.
Jay Guerrero, speaking to Item No. 20, supported the establishment of permit parking to
resolve overflow parking problems.
James Robert Reade, resident, criticized Police Department internal affairs investigation.
At 5:22 P.M., the City Council meeting was recessed to consider the Redevelopment
Agency, Housing Authority and Industrial Development Authority agendas, and
reconvened at 5:25 P.M.
CONSENT CALENDAR: Mayor Pringle pulled Agenda Item 20 from the consent
calendar for further discussion. Council Member Kring moved to waive reading in full of
all ordinances and resolutions and to adopt the balance of 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 Sidhu.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Hernandez, Galloway, Kring
and Sidhu. Noes - 0. Motion Carried
8. Approve Investment Portfolio Report for February 2010.
D117
9. Appoint the Interim Fire Chief, Larry Waterhouse, as Anaheim's alternate board
D129 member to the Orange County -City Hazardous Materials Emergency Response
Authority Board of Directors.
10. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the
D180 Purchasing Agent to issue a purchase order to Landis + Gyr, Inc., Georgia, in an
amount not to exceed $141,419 (including freight and tax), for the purchase of
Cellnet radio equipment for the Public Utilities Department for a one -year period
and authorize the Purchasing Agent to exercise two annual renewal options in
amounts not to exceed $151,763 per year.
11. Waive the sealed bid requirement of Council Policy 4.0 and ratify an increase of
D180 $149,910.24 to an existing purchase order to Air New Zealand Limited /Air New
Zealand Gas Turbines, bringing the total amount to $182,820.24 (including
Council Meeting Minutes of March 23, 2010
Page 3 of 10
freight and tax), for additional repairs to the combustion turbine generator for the
Public Utilities Department.
12. Approve and authorize the Executive Director to execute a Cooperation
6184 Agreement with the Redevelopment Agency, for the transfer of HOME Funds for
Casa Del Sol, an affordable housing project located at 1820 W. Gramercy
Avenue for families with developmental disabilities (Related to Agency Item
No. 01).
13. Approve the name of Anaheim Coves for the 14 -acre passive recreation /nature
3377.1 Park located west of Burris Basin bounded by Lincoln Avenue, Ball Road and Rio
Vista Street, approve Amendment One to Lease with Orange County Water
3377.I District (OCWD) to develop the 14 -acre passive recreation /nature park and a
License Agreement with OCWD for the pump house improvements.
14. Approve an agreement with Walt Disney Parks and Resorts USA, Inc., for the
6124.I adaptive traffic signal control improvements related to Disney's temporary off -site
parking lot.
15. Approve the First Amendment to Agreement with Accruent, Inc., amending the
existing agreement to reflect the new name Accruent, LLC.
16. Approve the Agreement for Acquisition of Real Property Easement Taking and
5407.I Temporary Construction Easement with the Redevelopment Agency, in the
settlement payment of $5,400, for a portion of the property located at 212 South
Atchison Street for the Rail- Highway Grade Crossings Safety Enhancement
project (RNVACQ2010- 00377).
17. Approve an agreement with ARUP North America, LTD, to provide a security
6157 system master plan design and implementation program for the Anaheim
Convention Center.
18. Approve the First Amendment to Agreement with The Planning Center,
3645.B.1 increasing the agreement amount from $97,875 to $118,600, for preparation of
the Platinum Triangle Expansion Area Environmental Impact Report.
19. RESOLUTION NO. 2010 -031 A RESOLUTION OF THE CITY COUNCIL
D175 OF THE CITY OF ANAHEIM authorizing the Director of Public Works or her
designee to submit an application on behalf of the City of Anaheim to the
California Department of Transportation for the Community -Based Transportation
Planning (CBTP) Grant Program, and if awarded, authorizing the acceptance of
such project assistance on behalf of the City.
If awarded, amend Public Works Department's budget for Fiscal Year 2009/2010
accordingly.
21. RESOLUTION NO. 2010 -033 A RESOLUTION OF THE CITY COUNCIL
D175 OF THE CITY OF ANAHEIM requesting temporary closures to Caltrans State
Route 57 northbound offramp for the Major League Baseball All -Star Game 5K
and Fun Run (July 11, 2010; SR -57 northbound at Katella Avenue).
Council Meeting Minutes of March 23, 2010
Page 4 of 10
22. RESOLUTION NO. 2010 -034 A RESOLUTION OF THE CITY COUNCIL
6158 OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manager, or
her designee, to accept on behalf of the City of Anaheim an Orphan Site Cleanup
Fund Grant from the State Water Resources Control Board for the remediation of
soil and groundwater contamination at 3720 W. Lincoln Avenue, and when
awarded, authorizing the Public Utilities General Manager, or her designee, to
take such actions in furtherance of the grant.
Authorize the Public Utilities General Manager to enter into an agreement with
the State Water Resources Control Board in substantial conformance with the
Draft Orphan Site Cleanup Fund grant agreement and to take such actions in
furtherance of the grant.
23. ORDINANCE NO. 6166 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Subsection .010 of Section 4.10.010 of Chapter 4.10 of
Title 4 of the Anaheim Municipal Code relating to commercial solicitation in the
Resort Area (Introduced at meeting of March 9, 2010, Item No. 17).
24. Approve minutes of the regular meetings of March 9, 2010.
END OF CONSENT CALENDAR:
20. RESOLUTION NO. 2010 -032 A RESOLUTION OF THE CITY COUNCIL
D175 OF THE CITY OF ANAHEIM establishing permit - eligible Parking District No. 3
(Cottonwood Bellevue area).
Natalie Meeks, Public Works Director, delivered a brief report on the Cottonwood
Bellevue parking district. She stated residents of this neighborhood, consisting of
Cottonwood Circle, Bellevue Drive, Bellevue Place, Citron Street, Irving Place and South
Street, had been working with the City to improve neighborhood parking conditions.
Traffic Control staff had observed these streets to be heavily parking during late night
hours with the largest demands along segments of Bellevue Drive and Cottonwood
Circle. Ms. Meeks indicated a community meeting wasn held last November to gain
neighborhood input on parking issues, inviting 72 residents and property owners in the
area and resulting in 11 attendees discussing parking improvement options. Concerns
were raised that two -hour parking and no overnight parking would be too burdensome
for residents and the consensus among the attendees was that the best solution was
parking by permit only from 1:00 a.m. to 6:00 a.m. A dual language survey was then
mailed to the 72 residents and property owners in January, 2010 with 26 responses
received in favor of the parking permit district. This response rate, she stated, exceeded
minimum participation required under the Permit Parking Code.
After a brief discussion of the merits of this request, Council Member Hernandez moved
to approve Item No. 20, seconded by Council Member Kring. Roll Call Vote: Ayes — 5:
Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0.
Motion Carried.
Council Meeting Minutes of March 23, 2010
Page 5 of 10
25. Find and determine that the 2009 Annual Housing Element Progress Report is
D155 exempt from the California Environmental Quality Act in that the activity is not
defined as a project and accept and direct staff to submit the report to the
Governor's Office of Planning and Research and the California Department of
Housing and Community Development.
Sheri Vander Dussen, Planning Director, reported the Housing Element is one of the
seven State - mandated elements of the City's General Plan and analyzes Anaheim's
housing needs for all economic segments of the community. She indicated that it
included numerous policies, programs and specific goals towards the production,
improvement and preservation of housing units throughout the City. Ms. Vander Dussen
indicted State planning law requires that cities provide an annual Housing Element
status report to the state by April 1 s ` of each year and the report before City Council
represents the first annual report for the City's current Housing Element and covers the
2009 reporting period.
Ms. Vander Dussen stated the report describes the progress made towards meeting the
City's regional housing needs assessment and also illustrates the City's progress
towards achieving its Quantified Objective, which represents the City's determination of
the number of housing units that can reasonably be produced during the current
planning period, while taking into consideration factors such as available funding,
infrastructure, and current economic conditions.
Ms. Vander Dussen further stated that based on the progress made to date, the City can
be expected to meet or exceed its Quantified Objective and are making significant
progress towards implementing the balance of the document's goals.
After Council discussion on the progress made, Council Member Kring moved to
approve Item No. 25, seconded by council Member Sidhu. Roll call vote: Ayes — 5:
Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0.
Motion Carried.
PUBLIC HEARINGS:
26.
D159
OWNER: Carole Helmin, Target Corporation, 1000 Nicoleft Mall, TPN -0910,
Minneapolis, MN 55403
APPLICANT: Beth Aboulafia, Hinman & Carmichael, LLP, 260 California
Street, Suite 1001, San Francisco, CA 94111
LOCATION: 8148 East Santa Ana Canyon Road
REQUEST: The applicant requests a Determination of Public Convenience or
Necessity to upgrade an existing ABC beer and wine license to distilled spirits
(for off - premises consumption) within an existing Target retail store.
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).
Council Meeting Minutes of March 23, 2010
Page 6 of 10
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council review of PCN2006- 00030A (DEV2009- 00100)
(VOTE: 4 -2; Chairman Romero and Commissioners Agarwal, Karaki and
Ramirez voted yes; Commissioners Buffa and Faessel voted no; Commissioner
Ament was absent) (Planning Commission meeting of February 17, 2010)
MOTION: K/G Determine that a CEQA Class 1 Categorical Exemption is
the appropriate environmental documentation for this request.
RESOLUTION NO. 2010 -035 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM granting Determination of Public Convenience or
Necessity No. 2006- 00030A to permit the upgrade of a Type 20 Off -Sale (Beer
and Wine) ABC license to a Type 21 Off -Sale General (Distilled Spirit) ABC
license (DEV2009- 00100).
CJ Amstrup, Planning Services Manager, reported the Target store owner located in the
Anaheim Hills Festival Center had requested an upgrade of the existing liquor license to
allow for the sale of distilled spirits for off -site consumption. Although liquor sales for off -
site consumption were permitted by right within the Festival Center, he explained, a
determination of public convenience or necessity (PCN) was required for this request
because of an overconcentration of liquor licenses within the census tract in which the
store was located.
On February 17, 2010, the Planning Commission considered the applicant's request for
a PCN determination with three of the six commissioners not supporting the request as
they believed the sale of distilled spirits was inappropriate in a department store
frequented by families with children. They also expressed concerns about adding
another full liquor license to this area. The other three commissioners supported the
request citing the planned expansion of the store's grocery area and the fact the request
was no different than a request for approving the sale of distilled spirits in a grocery store
also frequented by families with children. He reported, following a tie vote, the
Commission, by a 4 -2 vote, elected to refer the matter to the City Council.
Mr. Amstrup presented the following background information on the request. Alcoholic
beverages would be sold in an expanded grocery area being added in conjunction with a
planned store remodel and the area dedicated to alcohol sales would be limited to one
aisle of this 122,000 square foot store. He added sale of alcoholic beverages was
anticipated to generate three to five percent of the gross sales for the store.
He also informed Council that State law required cities to make a determination that
public convenience or necessity would be served in cases where a liquor license was
being requested in an area with an above - average crime rate or if issuance would result
in an over - concentration of licenses. In 2007, a PCN request allowing the sales of beer
and wine at this location was approved by the Planning Commission and a PCN
determination was required at that time because the property was located within a police
reporting district that had a crime rate above the citywide average and within a census
tract with an overconcentration of off -sale alcoholic beverage sales licenses. He
announced that Police Department staff indicated the crime rate in the surrounding area
was no longer above the Citywide average and calls for service to the Target store were
very low with none attributed to the sale of alcoholic beverages.
Council Meeting Minutes of March 23, 2010
Page 7 of 10
He further added that a determination of public convenience or necessity was required
for Target's liquor license upgrade as there was an overconcentration of licenses within
the census tract in which the Target store was located. Based on population, the census
tract could accommodate up to three off -site sales licenses and four licenses currently
existed in the tract. Mr. Amstrup pointed out Target proposed to surrender the existing
beer and wine license and eventually sell it to another business which would not
necessarily be sold to a business in Anaheim. If the license was sold to a business in
Anaheim, a conditional use permit, and /or possibly a PCN determination, could be
required for use in a convenience market or liquor store.
Further research revealed that since the original PCN approval in 2007, the sale of beer
and wine at this location had no negative impact on the surrounding community as the
store was primarily engaged in the sale of general retail merchandise. The sale of
alcoholic beverage would serve as convenience to the consumer who typically shopped
at this location for other general merchandise and would be a minor accessory
component of the store. He ended his presentation stating the conditions of approval
required continual monitoring of the site by store personnel to prevent on -site
consumption and recommended approval of this application.
Mayor Pringle opened the public hearing for comment.
Beth Aboulafia, applicant, concurred with the staff report, and spoke on behalf of the
request to upgrade Target's beer and wine license to the sale of alcoholic beverages in
conjunction with the store remodel.
With no other comments offered, Mayor Pringle closed the hearing.
Council Member Kring moved to determine that a CEQA Class 1 Categorical Exemption
is the appropriate environmental documentation for this request and to approve
RESOLUTION NO. -035 OF THE CITY OF ANAHEIM granting Determination of
Public Convenience or Necessity No. 2006- 00030A to permit the upgrade of a Type 20
Off -Sale (Beer and Wine) ABC license to a Type 21 Off -Sale General (Distilled Spirit)
ABC license (DEV2009- 00100); seconded by Council Member Galloway. Roll Call
Vote: Ayes — 4: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and
Sidhu. Noes — 0. Motion Carried.
27.
D159
00015
OWNER: William J. Stone, Senior Vice President, Excel Realty Holdings,
17140 Bernardo Center Drive, Suite 310, San Diego, CA 92128
APPLICANT: Ajesh Patel, Prospera Hotels, 333 City Boulevard West, Suite
1900, Orange, CA 92868
LOCATION: 321 West Katella Avenue
REQUEST: The applicant requests an amendment to Development Agreement
No. 99 -01 amending the date of proposed construction commencement for the
hotels and timeshare portion of the Anaheim GardenWalk project.
Council Meeting Minutes of March 23, 2010
Page 8 of 10
Environmental Determination: A Mitigated Negative Declaration, which was
previously- approved, 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:
Recommended City Council approval of Amendment No. 1 to the Second
Amended and Restated Development Agreement No. 99 -01 (DAG2010- 00001)
(DEV2010- 00015) (Resolution No. 2010 -010) (VOTE: 6 -1; Chairman Romero
and Commissioners Agarwal, Ament, Buffa, Faessel and Karaki voted yes;
Commissioner Ramirez voted no) (Planning Commission meeting of March 1,
2010)
MOTION: P/H Find and determine that the previously- approved
Mitigated Negative Declaration is adequate to serve as the required
environmental documentation for these requests.
ORDINANCE NO. 6167 (INTRODUCTION) AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM (i) approving Amendment No. 1 to
the Second Amended and Restated Development Agreement No. 99 -01 by and
between the City of Anaheim and Anaheim GW II, LLC, Gardenwalk Hotel I,
LLC and Westgate Resorts Anaheim, LLC (ii) making certain findings related
thereto, and (iii) authorizing the Mayor to execute said amendment for and on
behalf of the City.
Council Member Kring was excused from hearing this matter due to a potential conflict of
interest on this item and left the dais.
C.J. Amstrup, Planning Services Manager, reported Development Agreement No. 99 -01
was originally approved in 1999 along with the Pointe Anaheim Lifestyle Retail
Entertainment Complex and subsequently amended in April 2006 along with the
approval of the Anaheim GardenWalk project. In addition to the existing retail,
restaurant and entertainment uses, he stated, the project would include up to 866 hotel
rooms and up to 400 vacation ownership units. After approval of the DA 99 -01, rights
for the hotel development were then assigned to Prospera and rights for the timeshare
development were assigned to Westgate Resorts and construction of the retail
concourse and parking structure had been completed in 2008. This agreement also
required construction of the first hotel to begin before April 11, 2010 and construction of
timeshare units to begin before April 11, 2012.
On May 26, 2009, Council approved an Economic Assistance Agreement with
GardenWalk providing an economic incentive package aimed at attracting four -
star /luxury hotels to the GardenWalk project. Under the terms of the Economic
Assistance Agreement, construction of these hotels was to start by May 26, 2011 and be
completed within 36 months. This date is inconsistent with the April 11, 2010 start date
identified in the current Development Agreement and the applicant was proposing to
change the hotel construction date in the Development Agreement so that it matched the
date in the Economic Assistance Agreement.
Mr. Amstrup also indicated the project developer also requested the City amend the
Development Agreement to redefine the project description by combining the three
Council Meeting Minutes of March 23, 2010
Page 9 of 10
hotels as one project element consisting of one or two hotels, which would not change
the total number of 866 hotel rooms. In addition to deferring the construction start date
for the hotels, the developer requested the construction start date for the timeshare units
be deferred until no later than March 23, 2019. Under the current terms of the
Development Agreement, the timeshare portion was required to begin construction no
later than 24 months after all hotel rooms are built.
Ending his presentation, Mr. Amstrup indicated staff recommended approval of the
amendment in recognition of current market conditions which made compliance with the
current terms of the development agreement infeasible. The proposed amendment
would also reconcile the construction start dates in the development agreement with the
dates contained in the approved Economic Assistance Agreement. He added Council
had extended four Development Agreements associated with Platinum Triangle projects
in response to current market conditions. The proposed modifications to this
development agreement would provide the flexibility necessary to allow the developer to
construct these projects once market conditions improve.
Mayor Pringle opened the public hearing for comments.
Bill O'Connell, applicant, indicated he was in agreement with the staff report and looked
forward to approval of his request.
With no other comments offered, Mayor Pringle closed the public hearing.
Mayor Pringle moved to find and determine the previously mitigated Negative
Declaration was adequate to serve as the required environmental documentation for this
request and introduced Ordinance No. 6167 adding a condition to the Development
Agreement to ensure that the exposed rebar on the roof of the GardenWalk parking
structure is properly screened, seconded by Council Member Hernandez. Roll call vote:
Ayes — 4: Mayor Pringle, Council Member Galloway, Hernandez and Sidhu. Excused
absence: Council Member Kring (absent due to potential conflict of interest). Noes — 0.
Motion Carried.
REPORT FROM CLOSED SESSION: None
COUNCIL COMMUNICATIONS:
Council Member Hernandez reported the passing of Lynette Hannah from the
Treasurer's Office and retirees, Walter H. Hess and Forest P. Wolverton from the Police
Department. Council Member Hernandez also reported attending the National League
of Cities conference in Washington, D. C. on behalf of the City. He announced the
Harvest Food Drive and its various public drop -off sites available throughout the
community. He remarked the 13"' Marine Expeditionary Unit was collecting Easter
baskets and donations at City Hall until April 7 for children of deployed military and
reminded all citizens to participate in the 2010 Census currently underway.
Council Member Galloway recognized City employee, Ann Ora.
Council Member Kring reported she attended the National League of Cities conference
in Washington D. C. on behalf of the city, meeting with legislators related to Anaheim's
interests. She also announced Anaheim Public Library was sponsoring a poster contest
Council Meeting Minutes of March 23, 2010
Page 10 of 10
"Keep Anaheim Litter Free" for children K through 6 t ' grade and the Police Department
was holding a "Cops For Kids" fundraiser at Ruby's Diner on March 25
Council Member Sidhu congratulated Marcie Edwards, General Manager, and the Public
Utilities Department for the California Energy Commission approval of the Canyon
Power Project.
Mayor Pringle announced the groundbreaking of the Canyon Power Plant, a project
which would immediately create 200 construction jobs in the City, scheduled for May.
He commented the first military banner would be unveiled this week in honor of an
Anaheim resident killed in the line of duty. Mayor Pringle commented on his opposition
to red -light cameras in general and the Governor's proposal to add speeding violations
in conjunction with the red -light cameras. He was opposed to this action and requested
the City Attorney's Office draft a Charter amendment for Council's consideration
ensuring the citizens of Anaheim had a voice in this matter.
ADJOURNMENT:
At 6:43 P.M., with the consent of Council, Mayor Pringle adjourned the March 23, 2010
Council session.
ectfull submitted,
heresa ass
Assistant City Clerk