2009/02/24ANAHEIM CITY COUNCIL
REGULAR ADJOURNED MEETING
OF FEBRUARY 24, 2009
The regular meeting of February 24, 2009 was called to order at 3:00 P.M. and adjourned to
5:00 P.M. for lack of a quorum. Mayor Curt Pringle called the regular adjourned meeting of
February 24, 2009 to order at 5:00 P.M. in the Chambers of Anaheim City Hall located at 200
South Anaheim Boulevard. A copy of the agenda was posted on February 20, 2009 on the
kiosk outside City Hall.
PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, and
Harry Sidhu.
EXCUSED ABSENCE: Council Member Kring
STAFF PRESENT: City Manager Dave Morgan, Acting City Attorney Cristina Talley, and City
Clerk Linda Andal.
INVOCATION: Pastor Ed Bartel, Sunkist Community Church
FLAG SALUTE: Council Member Lorri Galloway
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Recognizing the recipients of the Anaheim Beautiful Wipeout Award
ADDITIONS/DELETIONS TO THE AGENDA: A revised staff report for Item No. 15
reflected a grant submittal amount of $150,000 rather than $450,000. The appellant in
public hearing Item No. 29 requested a continuance to the April 28, 2009 meeting.
PUBLIC COMMENTS (all agenda items except public hearings):
Karen Bloom, Public Affairs Council of Church of Latter Day Saints, announced Saviour of
the World, a musical drama presentation being offered to the community and invited the
Council to attend.
Alejandra Ponce De Leon, OCCORD community organizer, updated Council on a
community benefits forum held February 12th, in which interested citizens shared their
concerns and visions for the Platinum Triangle development and their desire to be a part of
the planning process. A petition in support of a community benefits agreement was
submitted.
Ramon Gonzales, resident and forum attendee, requested Council consider affordable
housing and employment opportunities for its low income population.
Giovanni Carlos, resident and forum attendee, urged that better employment opportunities
offering comprehensive medical coverage be considered for workers in the Platinum
Triangle.
Paulina Orlando, resident and forum attendee, spoke of the need for living wages for
employees in the Platinum Triangle.
City Council Minutes of February 24, 2009
Page 2 of 9
Erica Sanchez, resident and forum attendee, hoped for affordable safe housing within the
Platinum Triangle.
Renaldo Gutierrez, resident and forum attendee, urged Council to consider affordable and
safe housing, better paying jobs, and additional park space and schools within the Platinum
Triangle.
Kelly Acenas, resident and forum attendee, believed there was a need for more public
schools in the Platinum Triangle area.
Ruben Cortez, resident and forum attendee, stated he came to the United States in 1962
with the Bracero Program and there has been little change in the wages since that time and
asked Council to consider better paying jobs in the Triangle.
Rosaleen Andres, child and family advocate, urged Council to invest in early child care and
early education programs to increase the quality of life of children of low income families
within the Platinum Triangle
Alejandro Ortega, resident and forum attendee, requested more affordable housing,
additional school programs and the hiring of local residents and contractors offering living
wages be considered for Platinum Triangle development.
Arturo Kaneharo, resident and forum attendee, urged Council to consider the needs of the
community and create affordable housing, fair wages and accessible child care for those in
need in the Platinum Triangle.
Joy Fan Se, expressed concern for overcrowding in existing City schools, the safety of
students and also hoped for a community garden within the Platinum Triangle.
Theresa, resident, spoke of the need for affordable housing and its impact on families.
Art Montes, LULAC, urged Council to consider the needs of low income families for safe,
affordable housing, living wages and equitable services.
Yvonne Adriano, resident, spoke of existing overcrowded classrooms in Anaheim and the
need for more after school programs and more involvement for youths in the community to
combat gang activities.
Marianna Angeles, resident, spoke of the need for a community center with after school
activities and a community benefits agreement which would incorporate those ideas.
Jorge Flores urged Council to consider the youth of the community and their needs to keep
them away from gang activities.
Robert Notop, OCCORD, announced a report had been released on this date relative to the
City of Anaheim which revealed how low wages undermined families and the disparagement
and inequities between community needs in Anaheim neighborhoods.
Dwayne Roberts questioned whether Archstone remained the exclusive developer for the
Anaheim stadium property, recommending Council wait to see if that particular piece of real
estate increased in value due to the proposed ARTIC project. He added the City was in
need of more affordable housing, open space, youth centers and child care and should also
consider owning its own municipal transportation system to deal with traffic congestion.
City Council Minutes of February 24, 2009
Page 3 of 9
Mayor Pringle responded the exclusive negotiation agreement with Archstone had expired
and as the price and value of the Stadium property had gone down dramatically due to the
economic situation, Council elected to wait to see how the economic situation developed in
the future. He added, for any project contemplated for that redevelopment area, 30 percent
of the property tax would be earmarked for affordable housing.
CONSENT CALENDAR: At 5:53 P.M., Mayor Pringle removed Item No. 21 from 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 Galloway. Roll call vote: Ayes - 4: Mayor Pringle and Council Members: Galloway,
Hernandez and Sidhu. Noes - 0. Excused Absence - 1: Council Member Kring. Motion
Carried.
1. Receive and file minutes of the Park and Recreation Commission meeting of
B105 December 10, 2008 and Housing and Community Development Commission
meeting of January 7, 2009.
2. Review the need for continuing the local emergency heretofore proclaimed by the
D175 Director of Emergency Services as ratified by previous action of the City Council
concerning land movement and property damage in the vicinity of 357, 365 and 373
Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of
Anaheim, and, by motion, determine that the need for continuing the local
emergency exists.
3. Review the need for continuing the local emergency heretofore proclaimed by the
D129 Director of Emergency Services as ratified by previous action of the City Council
concerning the Freeway/Triangle Complex Fire in the City of Anaheim, and, by
motion, determine that the need for continuing the local emergency exists.
4. Approve Investment Report for month of January 2009.
D117
5. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the
D180 Purchasing Agent to issue a purchase order to Virco, in the amount of $73,085
(including tax and freight), for 200 ballroom chairs and 500 meeting room chairs for
the Convention Center.
6. Accept the low bid of Continental Western Transportation Company, in an amount
D180 not to exceed $156,811.70, for the purchase of asphalt emulsion for Public Works
Operations for a one year period with four one-year renewal options and authorize
the Purchasing Agent to exercise the renewal options, in accordance with Bid #7203.
7. Award the contract to the lowest responsible bidder, Christopher R. Morales, Inc., in
5615 the amount of $244,649, for the Traffic Signal Improvements at East Street and La
Palma Avenue, Brookhurst Street and Cerritos Avenue and Emogene Street and La
Palma Avenue and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions.
City Council Minutes of February 24, 2009
Page 4 of 9
8. Approve an Agreement for Acquisition of Real Property with Robert Morningstar, et
5616 al., in the acquisition amount of $2,468,820, for property located at 2181 West
Katella Avenue for the Katella Avenue Smart Street Project -Humor Drive to Jean
Street (R/W ACQ2005-00241).
9. Approve an Agreement for Acquisition of Mobile Home and Improvements with
5617 Plantation Mobile Estates, in the acquisition amount of $11,800, for one mobile
home located at 1835 South Manchester Avenue, Space No. 18, for the Gene Autry
Way (West)/I-5 Freeway HOV Interchange and Highway Project.
10. Approve an Agreement for Acquisition of Mobile Home and Improvements with
5618 Plantation Mobile Estates, in the acquisition amount of $12,650, for one mobile
home located at 1835 South Manchester Avenue, Space No. 25, for the Gene Autry
Way (West)/I-5 Freeway HOV Interchange and Highway Project.
11. Approve Amendment No. 1 to an agreement with Moore lacofano Goltsman, Inc., in
4026.1 the amount of $208,868, for consultant services to revise the existing construction
documents for Burris Basin Park Development Project and adjust funding
accordingly.
12. Approve the naming of the two park facilities by renaming the City's existing Colony
D150 Park to "Colony Square" and naming the Brookfield Homes' park development as
"Colony Park".
13. Appoint Kevin Dow and Todd Ament, representing business, and Dr. Ned Doffoney,
B105 representing education, to the Anaheim Workforce Investment Board for unexpired
terms ending June 30, 2009.
14. Approve the appointment of Thomas Morton to the position of Executive Director of
D124 Convention Center, Sports & Entertainment.
After adopfion of the consent calendar, Mayor Pringle announced Thomas Morton
had been selected as Executive Director of the Convention Center, Sports &
Entertainment department. City Manager, Dave Morgan reported that Mr. Morton had
17 years experience in facility management industry, and most recently serving as
General Manager of the Albuquerque Convention Center and prior to that holding
executive level positions both with the Forum and Long Beach Convention &
Entertainment. Mr. Morton addressed the City Council.
15. RESOLUTION NO. 2009-031 A RESOLUTION OF THE CITY COUNCIL OF THE
D129 CITY OF ANAHEIM authorizing the destruction of certain City records more than two
years old (Fire Department).
16. RESOLUTION NO. 2009-032 A RESOLUTION OF THE CITY COUNCIL OF THE
D160 CITY OF ANAHEIM authorizing the destruction of certain City records more than two
years old (Police Department).
17. RESOLUTION NO. 2009-033 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM authorizing the destruction of certain City records more than two
years old (Public Works Department) .
City Council Minutes of February 24, 2009
Page 5 of 9
18. RESOLUTION NO. 2009-034 A RESOLUTION OF THE CITY COUNCIL OF THE
Pi24 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties or interests therein (City Deed Nos. 11228 and 11229).
19. RESOLUTION NO. 2009-035 A RESOLUTION OF THE CITY COUNCIL OF THE
D150 CITY OF ANAHEIM authorizing the City Manager or his designee to submit a grant
application for Land and Water Conservation Fund Pioneer Park Project.
Item 19: Grant application amount revised to $150,000.
20. RESOLUTION NO. 2009-036 A RESOLUTION OF THE CITY COUNCIL OF THE
Dii2 CITY OF ANAHEIM amending Resolution No. 93R-153 pertaining to civil parking
penalties, Nunc Pro Tunc, to correct an inadvertent clerical error in Resolution No.
2007-165 previously adopted.
22. ORDINANCE NO. 6128 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Section 7.16.010.010 of Chapter 7.16 of Title 7 of the Anaheim
Municipal Code relating to consumption of alcoholic beverages (Introduced at
Council meeting of February 10, 2009, Item No. 18).
23. ORDINANCE NO. 6129 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Subsection .010 of Section 4.24.030 of Chapter 4.24 of Title 4
of the Anaheim Municipal Code, Nunc Pro Tunc, to correct a clerical error in
Ordinance No. 6122 previously adopted (Introduced at Council meeting of February
10, 2009, Item No. 21).
24. Approve minutes of the Council meeting of February 10, 2009.
END OF CONSENT CALENDAR:
21. RESOLUTION NO. 2009-037 A RESOLUTION OF THE CITY COUNCIL OF THE
D159 CITY OF ANAHEIM creating an economic stimulus package for new non-residential
development by temporarily superseding the provisions of various resolutions
heretofore adopted relating to the required time of payment of specified development
fees heretofore imposed.
ORDINANCE NO. 6130 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM creating an economic stimulus package for new non-residential
development by temporarily superseding the provisions of various ordinances
heretofore adopted relating to the required time of payment of specified development
fees heretofore imposed.
Sheri Vander Dussen, Planning Director, reported Council had previously approved a
residential fee deferral program to encourage the continued development of residential
projects during the current market downturn and was now considering deferred impact fees
to non-residential development to encourage a wider range of construction activities within
the City. Action on this resolution and ordinance, she added, would not only defer the
collection of all impact fees prior to issuance of a certificate of occupancy, but would in
addition, be extending expiration dates of plan checks and building permits for one year and
would grant additional extensions as long as there were no code changes included. She
explained the residential stimulus package had been well received and so far almost $2.5
City Council Minutes of February 24, 2009
Page 6 of 9
million in impact fees for approximately 500 units had occurred. She emphasized this action
was hoped to promote development of non-residential uses of buildings within the City.
Putting this action into perspective, Mayor Pringle remarked one developer who had
deferred $1 million in fees, stated he could build seven additional units this year which
equated to 10 full-time jobs per unit or 70 additional full time jobs generated as a result of
this stimulus package.
Council Member Hernandez voiced his support and moved to adopt RESOLUTION NO.
2009-037 OF THE CITY OF ANAHEIM, creating an economic stimulus package for new
non-residential development by temporarily superseding the provisions of various
resolutions heretofore adopted relating to the required time of payment of specified
development fees heretofore imposed, seconded by Council Member Sidhu and to
introduce Ordinance No. 6130 taking similar action. Roll call vote: Ayes - 4: Mayor Pringle,
Council Members: Galloway, Hernandez and Sidhu. Noes - 0. Excused Absence - 1:
Council Member Kring. Motion Carried.
25. ORDINANCE NO. 6131 (INTRODUCTION) AN ORDINANCE OF THE CITY
M142 OF ANAHEIM amending Section 4.73.200 of Chapter 4.73 of Title 4 of the Anaheim
Municipal Code relating to term of nonexclusive taxicab franchise
Council Member Galloway moved to introduce Ordinance No. 6131, seconded by Council
Member Sidhu. Roll call vote: Ayes - 4: Mayor Pringle and Council Members: Galloway,
Hernandez and Sidhu. Noes - 0. Excused Absence - 1:Council Member Kring. Motion
Carried.
26. RESOLUTION NO. 2009-038 A RESOLUTION OF THE CITY COUNCIL OF THE
F130.2 CITY OF ANAHEIM declaring its intention to amend the non-exclusive taxicab
franchises of Yellow Cab of Greater Orange County, Inc., and California Yellow Cab
to extend the terms thereof until February 14, 2012, providing for annual review of the
franchises pursuant to Section 4.73.200 of the Anaheim Municipal Code, as
.amended, granting twenty-five additional taxicabs to Yellow Cab of Greater Orange
County, Inc., and establishing the date, hour and place when and where any persons
having any interest therein or any objection thereto may appear and be heard thereon
(Public hearing scheduled for the Council meeting of March 31, 2009).
Acting City Attorney Cristina Talley presented a staff report relating to both Item No. 25 and
26. She reported at the last Council meeting, Council had directed staff to bring back an
amendment to the Code to establish and maintain a 10-year cycle for the award of taxicab
franchises beginning 2012 to allow all three franchises to be considered at the same time-
frame while still providing for an annual review of each franchise's performance. This action
would be accomplished through the adoption of an Ordinance, introduced in Item No. 25.
Item 26, she explained, was a resolution setting a public hearing to amend the franchises of
Yellow Cab of Greater Orange County and California Yellow Cab to extend the terms until
2012 and to grant an additional 25 taxicabs to Yellow Cab of Greater Orange County.
Council Member Galloway moved to approve RESOLUTION NO. 2009-038 OF THE CITY
OF ANAHEIM declaring its intention to amend the non-exclusive taxicab franchises of
Yellow Cab of Greater Orange County and California Yellow Cab to extend the terms until
City Council Minutes of February 24, 2009
Page 7 of 9
February 14, 2012, providing for an annual review of the franchises pursuant to code and
granting twenty-five additional taxicabs to Yellow Cab of Greater orange County and
establishing the public hearing date for same, seconded By Council Member Sidhu. Roll
Call vote: Ayes - 4: Mayor Pringle and Council Members Galloway, Hernandez and Sidhu.
Noes - 0. Excused Absence - 1:Council Member Kring. Motion Carried.
PUBLIC HEARINGS:
27. This is a public hearing to determine the public convenience and necessity to
F130.2 increase the number of taxicabs to 255 in the City.
RESOLUTION NO. 2009-039 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM finding and determining that the public convenience and
necessity require the operation of additional taxicabs in Anaheim and increasing the
number of taxicabs to 255.
Planning Director Sheri Vander Dussen stated Council had directed staff to present a
resolution setting the maximum taxicabs to be available in the City as 255. The proposed
resolution in Item No. 27 would set the public hearing date as March 31, 2009 and grant
Yellow Cab of Greater Orange County an additional 25 taxicabs to operate in the City. She
added the maximum of 255 taxis included all three franchise operations.
Mayor Pringle opened the public hearing.
Konstantino Roditis, 24/7 Yellow Cab, objected to the granting of additional permits to
Yellow Cab of Greater Orange County. He indicated his company had responded to the
Request for Proposal for a five year franchise after A-Taxi's franchise had expired, met the
requirements of the City and would benefit from the additional 25 taxicab permits when
Yellow Cab had stated they did not use their current maximum on a regular basis. Mr.
Roditis emphasized this action would place a burden on his company as without a franchise,
he would not be allowed to operate in the City until 2012.
With no other comments offered, Mayor Pringle closed the public hearing.
Council Member Sidhu moved to approve RESOLUTION NO. 2009-039 OF THE CITY OF
ANAHEIM finding and determining that the public convenience and necessity require the
operation of additional taxicabs in Anaheim and increasing the number of taxicabs to 255,
seconded by Council Member Galloway. Roll Call Vote: Ayes - 4: Mayor Pringle and
Council Members Galloway, Hernandez and Sidhu. Noes - 0. Excused Absence -
1:Council Member Kring. Motion Carried.
28. This is a continued public hearing to consider the introduction of an Ordinance
F130.2 granting anon-exclusive franchise for the purpose of operating a taxicab service in
the City (Continued from Council meeting of February 10, 2009).
ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM granting anon-exclusive franchise to Yellow Cab Company of
the Greater Orange County for the purpose of operating taxicab service in the City of
Anaheim; and stating the terms and conditions upon which said franchise is granted.
OR:
City Council Minutes of February 24, 2009
Page 8 of 9
ORDINANCE NO. 6132 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM granting anon-exclusive franchise to A White and Yellow Cab, Inc.,
for the purpose of operating taxicab service in the City of Anaheim; and stating the
terms and conditions upon which said franchise is granted.
Mayor Pringle moved to introduce Ordinance No. 6132, seconded by Council Member Sidhu.
Roll Call Vote: Ayes - 4: Mayor Pringle, Council Members: Galloway, Hernandez and Sidhu.
Noes - 0. Excused Absence - 1: Council Member Kring. Motion Carried.
29. Owner requests continuance to April 28, 2009.
CONT'D CEQA CATEGORICAL EXEMPTION, CLASS 1
04/28/2009 VARIANCE NO. 2008-04759
OWNER: Howard Knohl, 181 S. Cobblestone Lane, Anaheim, CA 92807
APPLICANT: Lane Curtis, 777 Peralta Hills Drive, Anaheim, CA 92807
LOCATION: 181 South Cobblestone Lane: Property consists of three separate
parcels under the same ownership with a combined area of 3 acres, having
frontages of 145 feet at the terminus of Cobblestone Lane and 125 feet on the north
side of Peralta Hills Drive, and a maximum depth of 569 feet.
Request to permit and retain a 8-foot high fence and 12-foot high gates within the
required front yard setback where a 3-foot high fence is permitted, and to permit and
retain a circular driveway in the front yard that is not located in tandem with an
enclosed garage.*
* The portion of this variance pertaining to the request to permit and retain a circular
driveway in the front yard that is not located in tandem with an enclosed garage has
been removed at the determination of staff that the variance is not necessary.
ACTION TAKEN BY ZONING ADMINISTRATOR:
Variance No. 2008-04759 Denied (Resolution No ZA2008-20)
(Appealed by Owner)
This item continued to April 28, 2009 at the request of the appellant.
Council Communications:
Council Member Hernandez thanked OCCORD for expressing their concerns regarding the
Platinum Triangle, remarking that affordable housing continued to be a concern of the
Council. He announced he had attended the opening of Elm Street Commons for 52 low and
very low-income affordable units within close proximity to City Hall and invited the community
to view them. He had also attended the special events at the Canyon Hills Library,
commemorating Abraham Lincoln.
Council Member Galloway spoke of her attendance at the Running Springs Elementary
community meeting hosted by the Anaheim Police Department to address an increase in
crime in the Hills area. She pointed out statistics had shown 91 percent of vehicle burglaries
occurred when stolen articles were left in plain sight recommending the community be more
aware when parking their vehicles. Council Member Galloway indicated she would regularly
recognize a city employee and this evening recognized Kathy Donglemans, providing
background and information on this human resources analyst. She thanked former council
member Richard Chavez for his support and commitment to the Elm Street Commons project
and thanked OCCORD for sharing their desires on development in the Platinum Triangle.
City Council Minutes of February 24, 2009
Page 9 of 9
Council Member Sidhu spoke of the Lincoln Bicentennial event and the Mayor's TechScholar
Program announcing the March 10, 2009 deadline to submit applications. He also spoke of
the success of the Elm Street Commons affordable housing project pointing out the City was
moving forward with such projects as funding permitted.
Mayor Pringle announced Council Member Kring was attending the semi-annual American
Public Power Association meeting in Washington, D.C. He spoke of the Mayor's TechScholar
Program and reported he would also be visiting Washington D.C to discuss the ARTIC
project. He also announced he would be hosting a conference, Restoring the Community,
on March 13, 2009 at the Disneyland Grand California Hotel with 80-85 firms seeking active
involvement in the City. He stated Request for Qualifications had closed this week and the
City would be selecting a design firm for the ARTIC project by the end of May. He added
$57 million dollars from Caltrans had been identified for this project and the City was
applying for $120 million additional funds through Measure M for high speed regional
connection, pointing out the Anaheim station would be the first place for spending those local
dollars. He added the City had been notified that $2.6 million was allocated for continuing
planning of ARTIC facility and that $50-100 million in road projects to OCTA would be
reflected in the building of a new eastbound lane on the 91 with Anaheim contributing $61
million.
Adjournment: At 6:43 P.M., with no further business to conduct, Mayor Pringle adjourned the
February 24, 2009 meeting.
Respectfully submitted,
Linda N. Andal, CMC
City Clerk