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2010/05/04ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF MAY 4, 2010 The meeting of May 4, 2010 was called to order at 3:00 P.M and adjourned to 4:00 P.M. for lack of a quorum. Mayor Pringle called to order the regular adjourned meeting of May 4, 2010 at 4:11 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on April 30, 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 City Clerk Linda Andal WORKSHOP: GRADE CROSSING SAFETY IMPROVEMENT PROJECT ON THE LOS ANGELES -SAN DIEGO RAIL CORRIDOR Natalie Meeks, Public Works Director, introduced Darrell Johnson, Deputy CEO, Orange County Transportation Authority (OCTA), to update Council on this project. Darrell Johnson began his presentation reporting that in 2005, the OCTA Board had approved a program of projects to expand Metrolink service focusing on moving the current Monday through Friday peak hour service to a more usable service throughout the day, on weekends and for late night activities. He indicated the program included a $380 million investment in new rail cars, stations, tracks and signal improvements. Fullerton and Laguna Niguel Stations were under construction and in terms of the railroad crossing safety enhancement improvements; there were a total of 51 in eight cities with 14 of the grade crossings within Anaheim. He added the grade crossing project was an $85 million program, fully funded at this point in time with a combination of Measure M 1 funds, Measure M 2 funds as well as Proposition 116 funds. Currently, he emphasized, this was the single largest safety crossing program in the United States and OCTA was working collaboratively with the Federal Railroad Administration (FRRA) and the California Public Utilities Commission (CPUC), both of whom referred to this program as a model of rail safety for the nation. He pointed out it was a comprehensive program, not phased, although it would take some time to construct and implement. It would be done over a relatively fast 20 to 24 month period and would place all of the crossings within the Metrolink system in Orange County into the same state of safety. Included in that program, was rail safety education, considered an important component for educating motorists, pedestrians, bicyclists and school children in understanding what the future of rail service would look like. More importantly, he emphasized, when all construction work was completed and capital improvements as well as crossing improvements were made, each individual city would be able to file a "Notice of Establishment' with the FRRA to establish a quiet zone. When that paperwork was filed, the locomotive horns would not need to be blown routinely at the 51 crossings, an important aspect of the program. Council Meeting Minutes of May 4, 2010 Page 2 of 8 He discussed construction, stating new medians were being added which would also coordinate traffic signals with rail signs so as trains approached the crossing, the street traffic signals would also be coordinated and traffic would move properly from a safety perspective as well as a traffic flow perspective. In addition, there would be pedestrian gating and sidewalks added where there were none as well as tactile stripping for ADA accessibility and safety. That construction model, he informed Council, would be the standard where sidewalks crossed the rail corridor. Mayor Pringle understood the medians were added to insure pedestrians did not venture around gates, and inquired if all four sides of the crossing would have a vehicular gate as well. Mr. Johnson responded that it depended on the individual crossing and a couple of other issues. As an order of preference, he further explained, the FRAA and CPUC started with 100 foot long medians, but for some sites, it was not possible to have a median on each side. In that case, two gates would be used, one on each side. An exit gate would be the third gate and possibly a fourth if needed. Pedestrian gates, he explained, would be added at every crossing where there was a sidewalk or if there was not a sidewalk, one would be added. When a train crossed, a vehicular gate would come down and in most cases there would be a median so pedestrians could not cut around the gate, and then there would be a gate that came out next to the sidewalk to completely seal off pedestrians, vehicles and bicyclists from the train crossing. One of the reasons for the pedestrian gate, he noted, was because during the planning stages, on -site analyses made it clear that there were far more pedestrian and bicycle activities than was thought and with (PODS and other technologies, the horns and whistles were not doing as much for safety as they hoped. From a safety perspective, he added, the gate was becoming more important particularly when there were multiple tracks. Mayor Pringle commented that because the FRAA wanted an entity to be liable if someone was hit by a train by jumping gates, OCTA was enhancing these grade crossings to the highest safety zone standard in order for cities to choose to go to the next step to a quiet zone by addressing liability. Mr. Johnson responded that was right, in general, however he added that federal law states if you follow these safety regulations, there should be no need for liability but if there was an issue, it would accrue to the entity that designated a quiet zone. He added only cities where crossings were located were the eligible public entities and OCTA could not make application for a quiet zone. Mr. Johnson provided a graphic representation of the rail corridor noting it was over 42 miles, with 51 grade crossings and about $170 million of construction work going on to support the service extension as well as a number of other projects, such as a grade separation underway in Irvine. This was important as OCTA could not do all of the construction at once while keeping 42 daily Metrolink trains, 22 daily Amtrak trains and 6 or 8 freight trains working. Thus, the work had to be scheduled in such a manner that kept streets open, trains operating and construction projects working in a safe and operable manner. To accomplish that, Mr. Johnson reported that a series of five groupings was created. The first group would be completely finished in August 2010. Anaheim was in Group 2 and Group 3 with two Metrolink lines, one for service out to Riverside, San Bernardino and Corona areas and the other line that served Metrolink and Amtrak service. Group 2 would be fully completed in November 2010 and in January 2011; the other segment of rail line in Anaheim was expected to be completed as well. Council Meeting Minutes of May 4, 2010 Page 3 of 8 He pointed out while cities had to file the specific document for a quiet zone, OCTA would work with each city in the county as well as FRAA and CPUC to insure the document contained the right information, was done in a comprehensive manner, was consistent with neighboring cities and that safety aspects were done in a collaborative manner. The time frame for receipt of quiet zone status should be within 21 days of application. He explained that the schedule was slightly later than originally proposed because there was a protest on signal materials late last year which cost OCTA some time. He noted that Proposition 116 funds which dated from the early 90's would sunset in June of this year, but the OCTA board went through many discussions and decisions to figure out how to retain the funds and not lose them. On April 7 he remarked, California Transportation Commission allocated just under $31 million in Prop 116 funds for the grade crossing program which delayed the schedule by four to six months to work through the funding process but proved profitable with the end result of saving $31 million in Measure M funds. He added OCTA was trying to recover as much of the original schedule as possible; they are working with each city to accelerate the permitting process, where appropriate, and also working with the contractor to increase the number of work crews. Most of the program, he commented, was funded with Measure M 2 with the exception being the $30 million of Prop 116. As Measure M 2 would not come into effect until April of 2011, the Prop 116 funds saved money in the capital program and the escalation of construction costs and cities received the benefit of safety sooner than if OCTA waited for the funds to arrive on a pay -as- you -go basis. He again emphasized, this was the largest quiet zone in the nation and the new rail cars being assembled in the inland empire would have 140 seats, a stainless steel shell and crash energy management/ safety features. Mayor Pringle remarked that the existing LOSAN railroad corridor was the main corridor going through the center of Anaheim Station to Santa Ana and was presently serviced by Metrolink and Amtrak with a few freight cars. He asked what the capacity would be when the voter approved Measure M 2 expansion plan was built -out. Mr. Johnson remarked that presently there were 42 Metrolink and 22 Amtrak trains per day and the full build -out would have 76 daily Metrolink trains running (every half hour throughout most of the day and every 15 minutes during the morning and evening peak hours.) Mayor Pringle added the high speed rail discussion contained a shared use option utilizing the same train corridor. He asked if addition of a third rail in that corridor would be necessary with or without high speed rail. Mr. Johnson responded that beyond the 76 daily train levels, more than two tracks would be needed. Mayor Pringle brought up this point to emphasize that with the Metrolink expansion plus maintaining at least the same amount of capacity for Amtrak service in that corridor, the service was pushing up against the two track capacity in the area south of Fullerton and there was a potential for high speed rail to relieve some of that capacity. Mr. Johnson added that in absence of high speed rail, the capacity of Metrolink service would have to be built out to service the demand that was believed to be between Orange County and Los Angeles, which might not be affordable by OCTA. By having high speed rail as a partner, the benefits with both regional trains and local commuter trips could be shared. Mayor Pringle stated Darrell Johnson was an expert on rail needs having formerly worked for Amtrak for a number of years as well as having overseen OCTA's rail Council Meeting Minutes of May 4, 2010 Page 4 of 8 program. The Mayor acknowledged there were critics of high speed rail saying it was unnecessary but there were plans already in place to add more Metrolink service approved by voters and there was now a need to discuss complementary ways to develop the entire system. Mr. Johnson added that he believed the San Diego /LA corridor was the best potential in the nation for high speed rail. In 1991, 1.7 million passengers were using that service and at the end of 2008, nearly 9 million passengers used the system. . Sarah Swenson, Community Outreach Liaison, reported a comprehensive focus was developed primarily on construction outreach which included any road detours, lane closures, night and weekend work and some of the disturbances that could have an impact to residents. The basis for the outreach was safety and to insure everyone knows to stay off the railroad right -of -way and train tracks. She indicated there was a project hot line and open houses were conducted, if cities chose to do so for communities. The safety messages, including bilingual messages, targeted all the demographics including children. She indicated the most recent, up -to -date information could be found on the OCTA website as well as Twitter and Facebook. ADDITIONS /DELETIONS TO CLOSED SESSION: None At 4:44 P.M., City Council adjourned to closed session for the following items: CLOSED SESSION ITEMS: 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 At 5:05 P.M., Council session was reconvened. Invocation: Pastor Joel Van Soelen, Anaheim Christian Reformed Church Flag Salute: Mayor Pro Tern Harry Sidhu Acceptance of Other Recognitions (To be presented at a later date): Recognizing the recipients of the Girl Scout Gold and Silver Awards Proclaiming May 2010, as Water Awareness Month - Don Calkins, Assistant General Manager, Water Services, accepted the proclamation on behalf of the Public Utilities Department. During this month, he announced Anaheim Public Utilities had a number of events, programs and incentives to encourage reduction of outdoor water use. The Anaheim Redevelopment Agency and the Anaheim Housing Authority were convened for a joint public comment session with the Anaheim City Council. Council Meeting Minutes of May 4, 2010 Page 5 of 8 ADDITIONS /DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): Casey Long, Chance Theatre, remarked there were two weeks remaining for "Welcome Home Jenny Sutter' encouraging the community to see this timely military drama. Paul Andreason, Anaheim Family YMCA, thanked Council for supporting the YMCA with grant funds and announced the June 6` Tenth anniversary celebration at Pearson Park. Robert Bullock, Maraga Street resident, requested Council's help with a neighbor who continually complained to the city on neighborhood code enforcement issues. He indicated various other residents were present as well and felt harassed by this situation. Mayor Pringle referred Mr. Bullock to the Planning Director who would discuss his concerns and provide Council with an update on this matter. James Robert Reade, resident, read a portion of his police report. CONSENT CALENDAR: At 5:21 P.M., Council Member Kring moved to waive reading in full of all ordinances and resolutions and to adopt the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the consent calendar, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Hernandez, Galloway, Kring and Sidhu. Noes - 0. Motion Carried 5. Receive and file minutes of the Budget Advisory Commission meeting of 8105 November 18, 2009. 6. RESOLUTION NO. 2010 -046 A RESOLUTION OF THE CITY COUNCIL D175 OF THE CITY OF ANAHEIM authorizing the Director of Public Works to protest or waive the City's right to protest the State Department of Transportation's written notice of its intent to relinquish certain highways, city streets, frontage roads and other local roads. 7. RESOLUTION NO. 2010 -047 A RESOLUTION OF THE CITY COUNCIL D160 OF THE CITY OF ANAHEIM ratifying the submission of a grant application by the City of Anaheim's Chief of Police's designee, on behalf of the City of Anaheim, to the California Emergency Management Agency, for the 2009 Urban Areas Security Initiative (UASI) grant program, and authorizing the acceptance of such grant on behalf of the City, and amending the budget for fiscal year 2009 -10 accordingly, and identifying projects scheduled for grant funding. Authorize the Purchasing Agent to make the appropriate purchases as approved by the Department of Homeland Security in the Investment Justification proposal, and if Council Policy 4.0 is in conflict with federal or state procedures governing this grant, waive those conflicting provisions of Council Policy 4.0 and authorize the Purchasing Agent to comply with the appropriate federal or state procedures with regard to purchases made under this grant. 8. ORDINANCE NO. 6170 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending subsection .020 of section 18.18.060 of Chapter 18.18 of Title 18 of the Anaheim Municipal Code relating to building height exception Council Meeting Minutes of May 4, 2010 Page 6 of 8 (Zoning Code Amendment No. 2010 - 00089; single - family homes within Tract No. 17289; Introduced at Council meeting of April 27, 2010, Item No. 24). PUBLIC HEARING: 9. CEQA MITIGATED NEGATIVE DECLARATION C280 GENERAL PLAN AMENDMENT NO. 2009-00475 RECLASSIFICATION NO. 2009-00229 (DEV2009- 00069) OWNER: Carl L. Karcher, Karcher Partners, P.O. Box 2985 Newport Beach, CA 92659 APPLICANT: James Yoder, Steadfast Companies, 4343 Von Karman Avenue Suite 300, Newport Beach, CA 92660 LOCATION: 401 West Carl Karcher Way and 1325 North Anaheim Blvd. REQUEST: The applicant proposes to redesignate the property from the Office Low and Industrial designations to the General Commercial land use designation and reclassify the property from the Industrial (1) and Transition (T) zones to the General Commercial (C- G)zone in anticipation of future commercial development. 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: VOTE: 7 -0 Recommended City Council adoption of General Plan Amendment No. 2009 -00475 (Resolution No. PC2010 -016) and approved Reclassification No. 2009 -00229 (DEV2009- 00069) (Resolution No. PC2010 -017), including revisions to the conditions of approval and mitigation monitoring program (Planning Commission meeting of March 15, 2010) MOTION: S/G Determine that a Mitigated Negative Declaration is the appropriate environmental documentation for this request. (Approved Vote: 5 -0) RESOLUTION NO. 2010 -048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2009 -00475 pertaining to the land use element (DEV2009- 00069). RESOLUTION NO. 2010 -049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Reclassification No. 2009 -00229 (DEV2009- 00069). At 5:34 P.M., the public hearing was considered. CJ Amstrup, Planning Services Manager, reported the applicant was proposing to change general plan and zoning designations on an 18 -acre property in anticipation of future commercial development. The property, owned by the Karcher family, had a Carl's Jr. Restaurant located on the Harbor Boulevard frontage, the Karcher Enterprises office building located on Anaheim Boulevard and another office building located on Carl Karcher Way. He stated the applicant proposed to amend the General Plan to redesignate portions of the property from low intensity office and industrial designations to the general commercial designation. He pointed out a portion of the property on the northeast corner of Carl Karcher Way and Harbor Boulevard already had this designation where the Carl's Jr. Restaurant was sited. He noted the applicant also proposed to rezone a portion of the property from the industrial and transition zones to Council Meeting Minutes of May 4, 2010 Page 7 of 8 the general commercial zone which was consistent with the proposed general plan designation and would accommodate future commercial development. The proposed CG zone permitted a broad range of retail office restaurant hotel and service uses. Mr. Amstrup stated staff recommended approval of the proposed land use changes as the property's size and exposure along two major arterial highways and the 91 freeway was conducive to successful retail and office development. He added the applicant was considering various potential development options if the proposed general plan amendment and rezone were approved with final development plans to be reviewed by the Planning Commission. Mayor Pringle opened the public hearing for comment. Jim Yoder, Steadfast Companies, remarked he was providing development and real estate services for the Karcher partners and the Karcher family. He remarked there were existing buildings on the property, including the Carl Karcher Enterprises office building where financing and information technology flowed into a secured office building. Another industrial building, now vacant, had a damaged roof and would be demolished as part of future redevelopment and a separate vacant corporate headquarters was now the home of UEI College, a school specializing in post secondary education and recently opened for business. All of this area, he remarked, would be part of the future redevelopment that would be brought through at a later time to the Planning Commission for consideration. He added his firm had been marketing this property for over a year to retailers, restaurants, financial institutions as well as hospitality and medical businesses and would continue to do so. The plan was to incorporate five to six buildings in the new redevelopment area in such a way that existing buildings became integrated and that circulation and access worked effectively. With no other comments received, Mayor Pringle closed the hearing. Council Member Sidhu moved to determine the Mitigated Negative Declaration was the appropriate environmental documentation for this request and to approve RESOLUTION No. 2010 -048 of the City of Anaheim approving General Plan Amendment #2009 -00475 pertaining to the land use element; and to approve RESOLUTION NO. 2010 -049 OF THE CITY OF ANAHEIM approving Reclassification No. 2009 - 002229; seconded by Council Member Galloway. Roll Call Vote: Ayes — 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes — 0. Motion Carried. Report on Closed Session Action: None Council Communications: Council communications were considered at 5:23 P.M. prior to the public hearing which had been duly noticed for 5:30 P.M. Mayor Pringle congratulated the Public Utilities team for today's groundbreaking of a 200 megawatt power plant in the Anaheim Canyon business area, the first power plant to be built in California in the last two years. He stated it was a tremendous achievement for the City to be able to provide clean power through natural gas - powered turbines equal to providing power to 150,000 homes. . Council Member Hernandez also commended City staff on the groundbreaking of the Canyon Power Plant and announced upcoming activities in recognition of Water Awareness Month. Council Meeting Minutes of May 4, 2010 Page 8 of 8 Council Member Galloway spoke of the tragic passing of Adrian Ramos and the East Street community's response to this tragedy. She invited all to walk with her at the Walk for Peace with the theme "Rising Above Violence" on Tuesday, May 11 • She also recognized City employee, Jennifer Evangelista, Code Enforcement. Council Member Kring announced the following upcoming events: West Anaheim Neighborhood Development Council's Annual BBQ to be held on May 8 Anaheim Firefighters' Association's annual "Fill- the - Boot" campaign to raise money for the Muscular Dystrophy Association to be held on May 15 at Harbor and Katella and the. Taste of Anaheim on May 13 taking place at the shops at GardenWalk. She added Anaheim would also be hosting a Wellness Seminar to be held on May 26 at the downtown community center. Council Member Sidhu, commented on the Canyon Power Plant project, stating it would create 200 new construction jobs and when completed, could be up and running within 10 minutes rather than the traditional 60 minutes. He indicated it could also be controlled remotely and was built with sustainable elements. All water to be used to cool down the system would be recycled water, the roof would have solar panels and ice terminal energy units would be used to clean the building. He commended staff for persevering with the permitting process. He further reported on his attendance at the 40 Annual Cinco de Mayo Fiesta at La Palma Park and commended the Paint Your Heart Out volunteers who painted 26 Anaheim homes for low /moderate- income seniors as well as the 180 parents who participated in the 5K Walk/Run to benefit Anaheim High School. He also announced the upcoming Orange County Job Fair on June 2 anticipating 150 -200 employers would be available for job seekers. Adjournment: At 5:52 P.M., with no other business to conduct, the May 4, 2010 Council meeting was adjourned. Respectfully submitted, ad� A,0(70 Linda N. Andal, CMC City Clerk