Loading...
01/26/2016 ANAHEIM CITY COUNCIL REGULAR AND REGULAR AJOURNED MEETING OF JANUARY 26, 2016 The regular meeting of January 26, 2016 was called to order at 3:00 P.M. and adjourned to 5:00 P.M. for lack of a quorum. The regular adjourned meeting of January 26, 2016 was called to order at 5:05 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda and related materials were duly posted on January 22, 2016. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris Murray and James Vanderbilt. STAFF PRESENT: City Manager Paul Emery, City Attorney Michael Houston and City Clerk Linda Andal. INVOCATION: Pastor Carl McAuley, The Rock FLAG SALUTE: Mayor Pro Tern Lucille Kring ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming February 2016, as American Heart Month Proclaiming February 2016, as Black History Month Shedrick Collins, Orange County Heritage Council, announced the 36th Annual Black History Parade and Cultural Faire would take place in Downtown Anaheim next Saturday, inviting all to attend. Proclaiming February 2016, as Career and Technical Education Month Proclaiming February 2016, as Make Kindness Contagious Month Proclaiming February 4, 2016, as World Cancer Day ADDITIONS/DELETIONS TO THE AGENDA: City Clerk, Linda Andal, advised of staff's request to continue Agenda Item No. 31, Sister City Commission appointment, to February 9th. With the consent of Council, Item No. 31, Sister City Commission appointment was continued to February 9, 2016. PUBLIC COMMENTS (all agenda items, except public hearings): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk, Linda Andal. Cecil Jordan Corkern quoted the scripture and spoke to the need for medical shelters for the homeless. Mark Daniels addressed the city's Pilot Public Safety Program, urging members of the community who were interested to attend the March 10th meeting to consider items of interest to the public, including body cameras and police-involved fatalities. City Council Minutes of January 26,2016 Page 2 of 27 William Fitzgerald, H.O.M.E., offered his political observations as to why the City Council reversed its position on the recommended districting map and district election sequencing and approved it at the last council meeting. Patsy Davis stated she was homeless and slept at Maxwell Park at Magnolia and Broadway. She objected to police officers evicting the homeless from the park in the early morning hours and particularly objected to having her items confiscated that included needed medications. She requested assistance from the City Council. Lou Noble, homeless advocate, announced he and others attended the Orange County Board of Supervisor's meeting this morning to submit a petition with over 1,800 signatures from homeowners as well as the homeless to request any type of emergency shelters to be provided as protection from the next rain. He remarked that in the last hear, homeless deaths had increased significantly and it was time for Anaheim to lead by example and be compassionate towards the homeless. R. Joshua Collins, homeless advocate, spoke in opposition to the taking of homeless belongings by the Anaheim Police Department, remarking it was a violation of 4th amendment rights and shameful for Anaheim, known as the City of Kindness, to have such a policy. Mayor Tait explained this matter was not on the agenda and therefore Council could not discuss nor take any action tonight. He also highlighted the city's efforts to address homelessness and the commitment of Orange County and Anaheim to house a shelter in this city. Charles Fuller, North Street resident, spoke in support of Agenda Item No. 20, related to permit parking. He spoke of the parking challenges residents in his neighborhood faced due to overflow parking from nearby apartment buildings and urged approval of permit parking as a solution. Barbara Noon, resident, spoke in support of short term rentals (STRs) stating her block long street had seen many changes over the years and the two vacation rentals homes in her neighborhood was seen as an improvement to the area. She urged residents to learn the rules and regulations for vacation rentals, and get to know the property owners to apprise them of any issues that arose stating that was a realistic and reasonable approach to addressing vacation rental impacts. Mayor Tait responded that a workshop on short term rentals would take place on February 23rd, inviting interested persons to attend. He additionally requested the City Manager provide Ms. Noon with STR regulations. Mike Robbins announced the conventioneers attending the NAMM (National Association of Music Merchants) event last weekend used short term rentals as hotels and hospitality suites attracting thousands of attendees to the neighborhoods instead of staying in the billion dollar support industry of hotels that surrounded the Convention Center. He wanted this practice to stop. Fernando explained he worked in Anaheim, servicing and maintaining pools for STRs and if he lost his accounts because of a ban, he would be unable to provide for his family. Alan Bynder, vacation rental owner, remarked he owned two STRs and comments such as the one brought up by a previous speaker regarding hospitality suites was a reasonable complaint and should have been enforced under the ordinance because it did not allow short term rentals City Council Minutes of January 26, 2016 Page 3 of 27 to be used for that purpose. He added his frustration was because the rules were not being enforced which was why complaints continued to be lodged. He also encouraged orderly civic meetings objecting to the mob mentality of some who spoke, and emphasizing individuals had a right to disagree. He pointed out he purchased the two homes in Anaheim because city staff indicated vacation rentals were allowed and provided him with a set of rules to follow. He added if a neighbor called him to solve a problem and he did not, then he should face license revocation as a result. Bob Donelson, Sherwood Village, supported large conventions such as NAMM, along with Disneyland for their positive impacts to the city, but he did object to short term rentals and their adverse impacts. He pointed out Garden Grove prohibited STRs in residential zones, and they should have been prohibited in Anaheim because businesses did not belong in residential neighborhoods. Pam Donelson stated the influx of renters in Sherwood Village from the NAMM attendees was too much for her neighborhood. She urged Council to listen to the residents, the families who were so impacted because 57 out of 221 homes in her complex were now short term rentals, and they should not have been allowed to happen. Mayor Tait pointed out there was a moratorium on STRs in effect and a workshop coming up soon conceding that the City Council would face a tough decision at that time. Camina Sylvestro remarked the Altrusa Club of Anaheim had partnered with the Anaheim Public Library and the Police Department for a month long program called "Anaheim Reads". The book selected for readers was the Maltese Falcon by Dashiell Hammett with libraries offering themed activities and programs for all ages during February and Katella High School forensic instructor Robert Kluck presenting a workshop on crime scene examination. The kickoff event was on January 30th with Police Chief Raul Quezada as guest speaker and the last event arranged on February 20th with a detective panel at the Central Library featuring Anaheim Police Department detectives discussing their work and methods. Douglas Zellmer, resident of a 287 unit condo complex across from Disneyland, stated it had been his experience that the people who visited his complex were families with children and he had no problems of any kind with noise, trash or with any of the other complaints mentioned. The complex used a security company that enforced zero tolerance for noise after 10 pm or before 8 am in the morning, and he added that the majority of the vacation renters departed at 8 am in the morning and did not return until 9 or 10 pm in the evenings. He emphasized if Council was considering allowing STRs, the contract should have the same rules and regulations for all and a way to control any issues. Jennifer Ayala, Loara Band Boosters, requested the community's assistance in helping send the Loara Marching Band to Washington D.C. this May for the National Memorial Day Parade. She thanked Mayor Tait for nominating the band, the only one representing California, and talked about the dedication and commitment of its band members. In an effort to raise $100,000, the Loara Band nonprofit was asking for donations through their Go Fund Me account or through their website, Ms. Ayala submitted flyers to the City Council. Andres Felipe Rivera, OCCORD, invited interested residents to attend the next Citizenship Fair on February 27th at the North Orange County Community College, to receive assistance in filling out citizenship applications for legal, permanent residents who had their green card for at least five years. This process included reviewing and processing the applications and providing City Council Minutes of January 26, 2016 Page 4 of 27 educational materials to prepare applicants for an interview and exam. He then translated his comments into Spanish. Robert Williams remarked that after reviewing the firefighters MOU and discussing it with them, he supported their contract and hoped Council would approve it as well. Regarding Item No. 8, fire extinguisher parts and maintenance, he was not comfortable taking the 3rd bid because the first two bids were disallowed and by rebidding the contract, a lower offer could come in lower than this 3rd bidder. Regarding Item No. 4, fire apparatus repair and service, he suggested that bid be reviewed as well to consider the most qualified and the most competent to repair fire engines rather than the lowest bidder. Victoria Michaels, resident, pointed out that she attended a homeless outreach program conducted by three CityNet individuals along with two police officers all of whom, in her viewpoint, were kind, considerate and compassionate to their clients. She also pointed out that Council Member Vanderbilt spent three hours walking and learning about homeless issues last week, asking many questions that showed his concern and care. In addition, she pointed out there was a bus that picked up homeless persons in the afternoon, transported them to the Armory for the night and released them in the morning as the National Guard used that facility for exercises, pointing this out because the impression given by speakers was that nothing was being done for the homeless when in reality, there was much effort put into helping the homeless in Anaheim. Ada Briceno remarked the mission of OCCORD was to bring families, workers and community organizations together to advocate for good jobs and strong neighborhoods. OCCORD objected to the STRs, stressing the vacation rentals were taking good jobs away from the hotel industry and hotel worker hours were being reduced as a result. She urged Council to take leadership on this issue and ban the short term rentals in Anaheim. Jeannie Robbins remarked this past weekend residents were faced with STR users coming to their neighborhoods during the NAMM Convention with multiple business groups, many of whom were showing their products at the trade show as well as at their rented homes. She emphasized these were not vacationers seeking a weekend at Disneyland, they were groups of individuals conducting their business operations and party plans in residential neighborhoods. She added Code Enforcement responded twice to one property, once at another site on the same block and at a third site where they received a "cease and desist" notice from the city for operating an STR without a permit. She felt the city neglected its duty to protect its residents and that it was time to do what was in the best interest of the residents and ban the STRs. Luisa Lam stated that for the last few weeks Sherwood Village had become a hostile environment because the residents were in the middle of a campaign with STR owners trying to remove the homeowner's association board that was implementing a 30-day minimum rental in the community and pitting renters against residents. She discussed an article highlighting the bad and in some cases, unlawful business practices employed by STR companies and the lack of parity between safety, security, and the need to address ADA regulations. Ms. Lam supported banning STRs in residential neighborhoods. Martin Lopez remarked the residents of his neighborhood were tired of dealing with impacts of short term rentals every day at Sherwood Village; i.e., trying to recall their board members and flooding homeowners with literature skewed on their behalf. As a union organizer, he pointed out there were workers being paid decent wages working at union hotels while a janitor for the City Council Minutes of January 26,2016 Page 5 of 27 short term rentals was being paid $10 an hour with no benefits, a practice that was not fair to the hotels and their workers by taking decent jobs away. He strongly urged a ban on STRs. John Guzman spoke in support of Agenda Item No. 20, parking permits, stating he would appreciate this area becoming a permit eligible parking area to allow for parking on Redondo Drive. Matt, stated he lived across the street from Downtown Disney, adding that one of his neighbors spoke about having no problems in the condominium complex because there was zero tolerance with their security agency when he had the opposite experience. Having lived there for 17 years, he knew most of his neighbors and families and now had no idea who was living in his area. He stated the renters were loud, parked their cars too close to residents' cars and in general were rude. He asked Council to ban the STRs as he saw no benefit to their operation. Victoria de Guzman addressed comments to the STRs, remarking she was forced to put cameras on her property for security and as a realtor, she no longer felt safe with the changing rental scene and the lack of enforcement. She also thanked Council for approving the districting map and sequencing of elections at the prior meeting. Arturo Ferreras explained he resided in Pepperwood Village which was at the back of Downtown Disney. The last time he spoke before Council, Kaleidoscope was the other half of his community and was taken over by STRs so now the area was a majority short term rental community. He urged Council to ban STRs as they were not only preventing residents from living peacefully but the owners were now suing the homeowners association in an effort to change the rules to benefit vacation rental owners. He added the property owners' interest was business and they were undermining the value and quality of life in neighborhoods. He asked for a complete ban on STRs in Anaheim. Paula Canales, 68 year resident, remarked there were not enough police officers in Anaheim to address all the changes she had seen and urged Council to increase the police force. Regarding the homeless situation, she concurred that a shelter was needed, but along with that was the need for programs to help them succeed. Al Salehi, Buena Park Library District, spoke in support of district elections, remarking the minority population in Anaheim was now becoming its backbone and was deserving of consideration and respect because there was a disproportionate amount of issues facing a minority community that deserved a bigger voice. He added that the North Orange County Community College District had gone to district elections since 2012 and analyzing achievement gaps, found that focusing on individuals rather than other categories could make a difference and he hoped this concept would also be embraced by the city. Ghianny Valencia, resident/resort area worker, pleaded for a ban on STRs, stating they were a huge problem in the city and should be banned. They brought no jobs to the city, destroyed neighborhoods and actually made it more difficult to find a decent place to live in the city. Rob McHause, resident, spoke in support of Item No. 20, permit parking on West and North Street speaking of the parking challenges his community faced. He appreciated the efforts of the Police Department, recommended the City Council consider more law enforcement officers, and complimenting the professional training those officers received. He recommended that anyone interested in getting involved with the department and the community, should participate in a PACE class. City Council Minutes of January 26, 2016 Page 6 of 27 Nikki Liu spoke in support of the service providers who worked for residential homes as well as STRs. She and her husband began a cleaning business four years ago with only a couple of workers and were now employing 16, adding that most of their business came from vacation rentals and without them, she would not be able to retain those employees. She believed the STRs had a positive economic impact to the city and families from around the world were able to enjoy what Anaheim had to offer. Jose Paulo McCallis, Loara High School teacher, spoke in support of the Loara High School band participating in the Memorial Day Parade in Washington D.C. and urged the city to support their funding efforts. He announced his personal $50 donation to that effort. He added that students in general were becoming civically engaged, studying issues happening in Anaheim, and he invited the community to attend a Civics Fair on April 20th to see what the students were doing in the community. Josh Koppel stated he owned a vacation rental in Pepperwood Village, and his first priority was to reach out and work with the neighbors so that any concern raised was relayed to him. The possibilities for vacation rentals, he believed, would benefit everyone as long as rules were enforced. Referring to the Pepperwood lawsuit, he pointed out that the vote from the membership for vacation rentals was 60 percent in favor and 14 percent against, so the majority of property owners were in favor of the STRs. Joanne Sosa spoke in opposition to the STRs, hoping they would be banned because it was a disruption to the lives of the surrounding neighbors. She also suggested the Mayor consider designating a day of kindness to focus on the homeless and involve the schools and various civic organizations to donate small items all in an effort to change people's conceptions about the homeless population. John, STR owner, stated he owned a vacation rental home in Anaheim for two years, utilized security cameras on his property and had yet to hear a complaint, adding that the only time he heard of any issues was in the council chambers. He retained camera footage of his sites for two years, and never had a problem, no parties, and renting only to families with kids who could not afford to stay in a hotel. Jose Rivera, Loara High School student, supported the Loara Band going to Washington, DC, remarking they were the very best in terms of talent and work ethic and they deserved to represent Anaheim and the school. COUNCIL COMMUNICATIONS: Mayor Tait requested the Canyon High School football team be recognized for their CIF Championship at an upcoming meeting. CITY MANAGER'S UPDATE: Paul Emery, City Manager, highlighted Item No. 3 referencing the appointment of Bill McLeod to the position of Human Resources Director, and detailing his extensive work experience. He also offered his thanks to Chris Chase who returned from retirement to serve as Anaheim's Interim Human Resources Director. CONSENT CALENDAR: At 6:46 P.M., the consent calendar was considered. Mayor Tait removed Item No. 23 for further discussion and Council Member Vanderbilt pulled Item No. 27. City Council Minutes of January 26, 2016 Page 7 of 27 Mayor Pro Tern Kring then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, in accordance with reports, certifications and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member Brandman. ROLL CALL VOTE: AYES —5: (Mayor Tait and Council Members: Bngndman, Kring, Murray and Vanderbilt) NOES — 0. Motion Carried 1. Approve recognitions to be presented at a later date recognizing Steve and Susan Faessel as winners of Cypress College's Anaheim Citizens of the Year for 2016 D116 Community Pride Poster Contest Winners, Ponderosa Elementary School Creative Writing Project Awards, and Youth Leadership America Graduates. D117 2. Approve the Investment Portfolio Report for December 2015. AGR-9613 3. Approve the appointment of Bill McLeod to the position of Human Resources Director and authorize the City Manager to execute an Employment Agreement with Mr. McLeod for said services. D180 4. Accept the bids of Fleet Services, Inc., Southern California Fleet Services, Inc., and Emergency Vehicle Group, Inc., in the combined amount not to exceed $200.000. for fire apparatus repair services and authorize the Purchasing Agent to issue three Master Agreements for a one year period with four one-year optional renewals and exercise the renewal options, in accordance with Bid #8638. D180 5. Accept the bid of McAvoy and Markham Engineering and Sa|en, in the amount of $94.500 plus applicable tax, for meter locks for the Public Utilities Department for a one year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal optiona, in accordance with Bid #8618. D180 Accept the bid of Aviation Specialties Un|innited, in an amount not to exceed $284.980 plus applicable tax, for 20 aviation night vision goggles and a five year service agreement for the Orange County Air Support Units and authorize the Purchasing Agent to issue a purchase order, in accordance with Bid #8642. D180 7. Accept the responsive and responsible bid of K8cKendry Door Sales, in the amount of $110.777. for removal and replacement of sally port doors located at the Anaheim Police C)opartrnant, in accordance with Bid #8580. 8. Accept the lowest responsive and responsible bid of Code Red Fire, Inc., in an amount D180 not to exceed $31.410 plus sales tax, for fire extinguisher parts and maintenance services for a one year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal oot|ona, in accordance with Bid #8587. D180 9. Accept the lowest responsive bid of Statewide Traffic Safety & Signs, Inc., in an amount not to exceed S32.294.70 including applicable tax, for the as-needed purchase of traffic cones and barriers for the Public Utilities Department for a one year period with four one- year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #8628. City Council Minutes of January 26, 201.6 Page 8 of 27 D180 10. Accept the lowest responsive bid of West-Lite Supply Company, in the amount of $229,347.25 plus applicable tax, for the as-needed purchase of security lights for the Public Utilities Department for a one year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal U[dions, in accordance with Bid #8614. 11. Accept the lowest responsive bid and approve an agreement with JL Landscape AGR'90I4 Services, in an amount not to exceed $80,640, for landscape maintenance services for fire and police sites for a one year period with up to four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #8533. 12. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a Master Agreement to Siemens Building Technologies, Inc., in the amount of$65,506, for an annual service for the Siemens automated HVAC control D180 system at the Anaheim Convention Center and authorize the Purchasing Agent to execute up to four annual renewals of the service agreement if requested by the Executive Director of the Convention Center, subject to available budget appropriations each fiscal year. 13. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Allen Instruments & Supplies, in the amount of D180 $46,520.95, for Trimble surveying equipment for the Public Works Department and authorize the Purchasing Agent to issue future Trimble equipment purchase orders when requested by the Public Works Director, not to exceed $100.000. inclusive of this purchase and subject to available budget appropriations. 14. Approve and authorize the City Manager to execute the following agreements for on-call AGR-8098.3� development and economic consulting services for the Community and Economic AGR-8060.2 Development eve|opnment [}mpmrtnnan\: Third Amendment to Professional Services Agreement 4sn'8008.2 (PSA) with M. Arthur Gensler &Associates, Inc., in an amount not to exceed $300.000; Second Amendment to PSA with Seibert Perkins Design, in an amount not to exceed $200.000; Third Amendment to PSA with CSG Financial Advisoro, in an amount not to exceed $100.000; and Second Amendment to PSA with Greenhaus, Inc., in an amount not to exceed $100,000. AGR'9615 15. Approve Master Agreements with C.W. Crosser Construction, Inc., Interior Demolitions, AGR-9616 Inc., Lake Arrowhead Construction, Inc. dba Macro-Z Technology Cornpony, Patriot AGR-9617 Environmental Services, Inc., Paulus Engineering, Inc., Two Brothers Construction AGR-9618 Corp.' and Vizion's West, Inc., for demolition, disposal/debris rennove|, erosion and AGR-9619 sediment control and immediate response services, authorize the Director of Public AGR-9620 Works to execute and take the necessary actions to implement and administer the AGR-9621 agreements and authorize de minimus changes as approved by the City Attorney. AGp_9622 16. Approve the Agreement for Acquisition of Real Property with Rikky L. Polizzi and Alanya L. Potapov-Polizzi, in the payment amount of$1,000, for partial acquisition of property City Council Minutes of January 26, 2016 Page 9 of 27 located at 2203 West Huntington Avenue for the Brookhurst Street Widening Project from the 1-5 to the SR-91 freeway (RNVACQ2013-00462). 17. Approve the Agreement for Acquisition of Real Property with Zahir Ahmed El Ali, in the AGR-9623 payment amount of$107,000, for partial acquisition of property located at 2209 West Coronet Avenue for the Brookhurst Street Widening Project from the 1-5 to the SR-91 freeway (R/WACQ2013-00459). D175 18. Approve speed lumps on Gain Street between Broadway and Orange Avenue as a traffic calming measure. P124 19. RESOLUTION NO. 2016-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11926, 11927, 11928 and 11929). 20. RESOLUTION NO. 2016-017 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM establishing Permit-Eligible Parking District No. 42 (Redondo North West Winter) and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3). 21. RESOLUTION NO. 2016-018 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM establishing Permit-Eligible Parking District No. 43 (Kenwood Boden) and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3). D154.4 22. RESOLUTION NO. 2016-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2015-196 for the purpose of modifying those classifications designated as Fire Safety Management. 24. RESOLUTION NO. 2016-021 A RESOLUTION OF THE CITY COUNCIL OF THE D154 CITY OF ANAHEIM establishing rates of compensation for classifications assigned to the Anaheim Municipal Employees Association, General Unit. RESOLUTION NO. 2016-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-093 for the purpose of creating, deleting, and/or modifying certain classifications designated as Administrative Management. RESOLUTION NO. 2016-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-096 for the purpose of creating, deleting, and/or modifying certain classifications designated as Supervisory Management. RESOLUTION NO. 2016-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-095 for the purpose of creating, deleting, and/or modifying certain classifications designated as Professional Management. City Council Minutes of January 26, 2016 Page 10 of 27 RESOLUTION NO. 2016-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-094 for the purpose of creating, deleting, and/or modifying certain classifications designated as Middle Management. 25. RESOLUTION NO. 2016-026 A RESOLUTION OF THE CITY COUNCIL OF THE D150 CITY OF ANAHEIM authorizing the Director of Community Services or his designee to submit an application on behalf of the City of Anaheim to the California Department of Parks and Recreation for funding necessary to construct the Manzanita Skate Park and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly. 26. RESOLUTION NO. 2016-027 A RESOLUTION OF THE CITY COUNCIL OF THE D150 CITY OF ANAHEIM authorizing the Director of Community Services or his designee to submit an application for housing related parks grant on behalf of the City of Anaheim to the Department of Housing and Community Development, and if awarded, authorizing the acceptance of such funding on behalf of the City and amending the budget accordingly. 28. ORDINANCE NO. 6355 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapters 10.19 and 18.46 of the Anaheim Municipal Code relating M142 to landscape water efficiency and determining that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15307 of Title 14 of the California Code of Regulations (Introduced at Council meeting of January 12, 2016, Item No. 15). C280 29. ORDINANCE NO. 6356 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2014-00279) (DEV2015-00041) (4540 East Riverdale Avenue) (rezoning from "7' Transition Zone to "RS-4" Single-Family Residential Zone) (Introduced at Council meeting of January 12, 2016, Item No. 25). C280 30. ORDINANCE NO. 6357 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Ordinance No. 6352, nunc pro tunc, to correct a clerical drafting error in Ordinance No. 6352, pertaining to the amendment of certain sections of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code. END OF CONSENT CALENDAR: Off consent items were considered at 7:19 P.M. 23. RESOLUTION NO. 2016-020 A RESOLUTION OF THE CITY COUNCIL OF D154.4 THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the Anaheim Firefighters Association, Local No. 2899. Chris Chase, Interim Human Resources Director, reported this item would approve a Memorandum of Understanding (MOU) between the city and the Anaheim Firefighters Association, a culmination of many months of negotiations related to terms and conditions of employment. He indicated the term covered the period of July, 2016 through July, 2018, and provided for a net seven percent increase during the term of that agreement. City Council Minutes of January 26,2016 Page 11 of 27 Mayor Tait explained the salary breakdown, with the MOU providing a four percent increase in salary this year, two percent next year, and four percent the following year. Mr. Chase concurred adding that the first four percent was actually an increase of three percent for the employee's pension contributions, so was essentially a net increase of one percent the first year. He noted it reflected a 10 percent full wage increase during the term of the contract but a net seven percent to the employee, due to the three percent increase in PERS contributions. Mayor Tait asked what the additional cost was to the city at the end of the contract with the response given that the overall cost of the agreement was about $2.7 million over the term. Mayor Tait remarked he would vote against this contract, adding it was a difficult vote for him to make, however, it spoke to what the city could afford and his main concern was pension costs for future employees. He asked what the average pension would be for an Anaheim firefighter with 30 years employment. Jason Motsick, Human Resources, responded the maximum pension benefit was 90 percent. Mr. Chase added that typically the annual compensation after 30 years on payroll was about $100,000 with Mayor Tait remarking it would reflect $90,000 a year at the 90 percent maximum. Mayor Tait explained that the state (CALPERS) allowed cities to drop that benefit number to 60 percent and he believed it should have been part of the negotiation package. He stated the city was not able to pay existing pension benefits and on the city's balance sheet, the unfunded pension liability was something like $580 million in a city that had a $280 million general fund. He pointed out it would show up on Anaheim's financial statement this year as a negative balance of about $420 million, which meant the city owed more money than it had. For this reason, he stated, the city should take advantage of everything the state offered for future employee in terms of pension benefits to maintain the vitality of the existing system and to pay obligations for current employees and retirees and therefore, he would vote against the Memorandum of Understanding. MOTION: Council Member Brandman moved to approve RESOLUTION NO. 2016-020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the Anaheim Firefighters Association, Local No. 2899, seconded by Mayor Pro Tern Kring for purposes of discussion. DISCUSSION: Mayor Pro Tem Kring remarked she would support this item as the Firefighters Association had not had an increase for seven years, would be paying an additional three percent on their pension benefit for a total of 12 percent and it would be the fair and honorable action to take. Council Member Vanderbilt clarified that if employees were not at the top step in their salary grade, they would continue to receive raises until the top step was reached. Mayor Tait reiterated that some employees had received raises; however, the firefighter salary range had not gone up during those seven years. Mr. Chase added that at least 70 percent of employees had been at the top step and he suspected it was an even higher percentage as this classification tended to be longer tenured. Council Member Vanderbilt recognized the fire profession had changed with national security issues and higher demands on the position including emergency preparedness unique to the city of Anaheim which he would factor into his vote on this item. ROLL CALL VOTE: AYES —4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt). NOES — 1: Mayor Tait. Motion Carried. City Council Minutes of January 26, 2016 Page 12 of 27 27. RESOLUTION NO. 2016-028 A RESOLUTION OF THE CITY COUNCIL OF 0182 THE CITY OF ANAHEIM modifying the Water Rates, Rules and Regulations by modifying rates for the sale and distribution of water as adopted by Resolution No. 72R- 600 and most recently amended by Resolution No. 2015-127 and determining said actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and section 15273(a) of Title 14 of the California Code of Regulations. Dukku Lee, General Manager Public Utilities, reported this item would modify the Department's water rates in order to recover the cost of operating and maintaining a reliable water distribution system even during times of conservation. The modifications included an increase to the fixed customer charge while ensuring that those who had conserved during the drought would continue to benefit from lower overall bills. To understand why this rate increase was needed, he explained the difference between the water utility's costs and revenue structures. Nearly half of the costs were fixed which meant the water utility would incur those costs each year regardless of whether or not customers conserved and it made no difference how much water was going through the pipes as those fixed costs still had to be paid. He indicated the water system was operated and maintained properly because of its use, not only for drinking water but also for fire protection. Fire flows to hydrants was a service provided with no attached revenue and the pipes were designed to provide sufficient pressures necessary for all the hydrants. Mr. Lee noted that only about ten percent of the water utility revenue was fixed through the customer charge with the remaining 90 percent of revenue relying on the amount of water consumed; when revenues declined due to conservation efforts that created a revenue shortfall. He pointed out that the city charter only allowed the Public Utilities to recover the costs to serve and had no profit margin that could be lowered and could not pick and choose which part of the system to maintain based on profitability. For the customers that had lowered their water usage during the drought, Mr. Lee reported the Utility structured the proposed water rate modifications in a way that customers who had reduced their water use by the state mandated 20 percent would still see lower water bills. Prior to the State mandate, residential customers were using about 20 billion units and would pay $52 per month for typical single family homes. Customers who had been able to conserve had lowered their usage by 20 percent down to 16 billion units and the resulting bill, even with the proposed rate modification reflected $47.50. He pointed out there were other water districts that had structured their rates so that no matter what the customer was doing there was still a bill increase. Mr. Lee emphasized the department would not recommend any rate change without looking internally first, although he emphasized, it was not a sustainable strategy to remain responsive especially during emergencies. He pointed out that compared to other water agencies, Anaheim remained very competitive with other Orange County agencies (30) and those costs did not take into account any property taxes that some districts used to supplement their revenues. He commented that a typical county resident would pay about 20 percent more than an Anaheim resident even with the proposed rate modification. City Council Minutes of January 26, 2016 Page 13 of 27 Mr. Lee ended his report stating this proposal took into account that customers were using less water with their bills still reflecting a savings but also recognizing the fact the Water Utility did need to recover enough revenues to retain a reliable water system. Council Member Vanderbilt expressed some concern about the process given the outreach that had already taken place, as he had hoped for a more robust opportunity for the public to discuss this proposal and suggested that moving forward. Mr. Lee explained the Department's significant outreach that included every customer receiving the Prop 218 noticing requirement and for anyone requesting it in another language, that request was accommodated. Information was also included in the bill insert, an article was placed in the Anaheim Magazine which was distributed citywide, and information placed in the libraries as well. Staff also attended all the community meetings in October and the quarterly neighborhood meetings to explain the rate proposal and had taken much time and effort to reach out to the public. Mayor Tait appreciated the thorough briefing adding that as explained to him, the city was losing money on the water utility and would essentially run out of reserves in about 150 days. He believed this was the responsible action to take now to continue to maintain the system and have reliable fresh water for the public and still give a slight decrease to those customers who had met the state mandate of 20 percent water reduction. Mayor Pro Tern Kring inquired if the drought ended and water use returned to normal, could those rates be decreased with Mr. Lee indicating they would be as the city charter did not allow the Water Utility to make a profit on water usage and staff would then return to Council with an adjustment proposal. He also added that the State had legislated continued reduction in usage and staff had seen a downward trend for 15 years irrespective of this recent drought, so that would be a factor in water usage as the general annual consumption had been trending lower. Council Member Murray took this opportunity to thank staff for the high caliber of work residents and businesses continued to enjoy from the Utilities Department that translated into a direct benefit to all. Mayor Tait concurred, remarking a ratepayer in Anaheim was paying one of the lowest rates in California. MOTION: Motion by Mayor Pro Tern Kring to approve RESOLUTION NO. 2016-028. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the Water Rates, Rules and Regulations by modifying rates for the sale and distribution of water as adopted by Resolution No. 72R-600 and most recently amended by Resolution No. 2015-127 and determining said actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and section 15273(a) of Title 14 of the California Code of Regulations, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members Brandman, Kring, Murray and Vanderbilt). NOES —0. Motion Carried. 31. Consider an appointment to the Cultural and Heritage Commission to fill an unscheduled B105 vacancy, term ending June 30, 2016 and Sister City Commission to fill two unscheduled vacancies, terms ending June 30, 2016 and June 30, 2017 (continued from Council meetings of December 15, 2016, Item No. 32 and January 12, 2016, Item No. 19). City Council Minutes of January 26,2016 Page 14 of 27 Cultural and Heritage Commission APPOINTMENT: Katie Filbeck (unscheduled vacancy of Chris Maya, term ending June 30, 2016) Council Member Murray nominated Katie Filbeck who was unanimously appointed to the Cultural and Heritage Commission. Sister City Commission APPOINTMENT: (unscheduled vacancy of Laurie Leonard, term ending June 30, 2016) APPOINTMENT: (unscheduled vacancy of Kyndell Thorson, term ending June 30, 2017) The Sister City Commission appointment was continued to February 9, 2016, PUBLIC HEARINGS: At 7:21 P.M., without objection, Mayor Tait moved to consider Agenda Item No. 35 prior to Item Nos. 32, 33 and 34. 35. This is a public hearing, held pursuant to direction given at the City Council meetings on December 15, 2015 and January 12, 2016, regarding the formation of and boundaries E127 for six City Council districts to be reflected in a districting map, including, without limitation, consideration, discussion, modification and action to introduce an ordinance adopting the City Council districting map recommended in the Final Report of the Anaheim Advisory Committee on Electoral Districts identified as "Recommended Plan (Map 3)," identifying which four City Council districts will hold elections in 2016 (to wit, Districts 1, 3, 4 and 5 in said map) and which two City Council districts will hold elections in 2018 (to wit, Districts 2 and 6 in said map), and addressing such other matters contained therein related to formation of six City Council districts. Determine that the ordinance described below is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, is not a project, as defined in Section 15378 of the State CEQA Guidelines and, further, is categorically exempt pursuant to Section 15320 of the CEQA Guidelines (Class 20, changes in organization of local government agencies). ORDINANCE NO. 6360 (INTRODUCTION)AN ORDINANCE OF THE CITY OF ANAHEIM amending Title 1 of the Anaheim Municipal Code to add Chapter 1.26 (Election of City Council members and Establishment of Council Member Electoral Districts) to establish districts for electing members of the Anaheim City Council "by districts" and election dates for Council districts commencing with the November 8, 2016 general municipal election (Implementing Districting Plan recommended by Advisory Committee on Electoral Districts). Michael Houston, City Attorney, remarked action on this ordinance would introduce the ordinance converting the city's election of council members from "at large" to "by Districts" starting with the 2016 election. The ordinance adopting districts and the districting plan was the City Council Minutes of January 26, 2016 Page 15 of 27 one recommended by the Advisory Committee on Electoral Districts as directed by the city council at the last meeting. As further directed by the Council at the January 12th meeting, the ordinance placed districts 1, 3, 4 and 5 on the 2016 ballot with Districts 2 and 6 placed on the 2018 ballot. He added if for some reason any substantive amendments were made to this ordinance tonight, then additional hearings would be required to adopt the ordinance as amended. Council Member Murray recommended the City Council move to introduce the ordinance at the earliest opportunity. Mayor Tait opened the public hearing for comments. Dr. Karen Stoyanoff, Unitarian Universalist Church, remarked she had worked with Clergy and Laity United for Economic Justice (CLUE) and they had requested she speak on this item. She was appreciative of Council's approval of the People's Map and the sequencing of district elections they supported and believed the essence of democracy was treating everyone fairly and giving all a chance to be heard and make themselves felt within the democratic process. She spoke of the importance of the community coming together to move this map forward and that Council be honored for recognizing that effort. Mark Daniels approved the Recommended Plan and district sequencing and was curious as to whether there would be field offices for Council Members, and whether there would be signs to identify the boundaries of districts. He hoped that future Councils would recognize the struggle it took to get to this point in time and was appreciative that Council was able to come to a unanimous decision. Martin Lopez, resident, talked about the process that brought about district elections, and the fact that so many members of the public participated and came out in big numbers to support the Recommended Map and election sequencing. Patricia Magana (through a Spanish interpreter) stated she was a resident and worked at the Disneyland hotel and was joyful at the outcome of the districting process. She thanked the judges, the people of Anaheim for supporting the Recommended Map, and the city for listening to the public's voices. Maria Ruiz, resident and Disneyland employee, expressed her happiness at the approval of the People's Map, thanking everyone involved in the effort. Jesus Villa thanked the retired judges and the people who had the will to come up with the Recommended Map and was glad that the city came together in this manner. William Fitzgerald offered his interpretation of why the People's Map and the recommended district election sequencing was approved. Bobby Donelson, Sherwood Village, asked whether the election sequencing would have three districts up for election in 2016 and 3 in 2018. Mr. Houston, City Attorney, stated the city charter provided that following the swearing in of the candidates elected in Districts 1, 3, 4 and 6, there would be a name drawn out of a hat and that candidate would have a two-year term instead of a four-year term that would solve the transition issue with respect to cycling of the city council elections per the city charter. Mr. Donelson appreciated the clarification but also wanted to go City Council Minutes of January 26,2016 Page 16 of 27 on record as supporting the ordinance and looking forward to the district 4th candidate, the area in which he resided. Gyianny Valencia, resident and worker in Disneyland Resort, thanked Council for reconsidering its position and approving the People's Map, and hoped the sequencing of Districts 1, 3, 4 and 5 would remain for the 2016 election. Marisol Ramirez stated she was here in support of the Recommended Map, as a member of OCCORD and as a long-time west Anaheim resident. She thanked the districting Advisory Committee for their dedication because without their unanimous vote and the community support throughout the entire process, the voices of the people would not have been heard. She noted OCCORD tackled the disenfranchised in several ways, by helping legal residents on the pathway to citizenship to knocking on doors to get the pubic out to vote. She urged Council to continue representing the voices of the public. Mryvette Judeh remarked this was a process that united people of different faiths, colors and races, pointing out that many had worked tirelessly as volunteers to make election by districts possible and she looked forward to Council ratifying their vote tonight and in February and going forward from that point on. With no other comments offered, Mayor Tait closed the public hearing. Mayor Tait remarked tonight's action was an introduction of the ordinance and on the February 9th meeting, Council would vote on the adoption of that ordinance. He added this was an historic vote that changed the way the city was governed in the future and brought government closer to the people. He expressed his appreciation to everyone involved from the volunteer judges to the consultants and city staff and to those members of the public who were passionate about their beliefs. MOTION: Council Member Murray moved to determine that the ordinance described below is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it would not result in a direct or reasonably foreseeable indirect physical change in the environment, was not a project, as defined in Section 15378 of the State CEQA Guidelines and, further, was categorically exempt pursuant to Section 15320 of the CEQA Guidelines (Class 20, changes in organization of local government agencies); and to introduce ORDINANCE NO. 6360 , AN ORDINANCE OF THE CITY OF ANAHEIM amending Title 1 of the Anaheim Municipal Code to add Chapter 1.26 (Election of City Council members and Establishment of Council Member Electoral Districts) to establish districts for electing members of the Anaheim City Council "by districts" and election dates for Council districts commencing with the November 8, 2016 general municipal election (Implementing Districting Plan recommended by Advisory Committee on Electoral Districts), seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES —5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES—0. Ordinance 6360 was introduced. City Council Minutes of January 26, 2016 Page 17 of 27 32. This is a public hearing to consider a resolution creating Underground District No. 64 — D182 Orangewood (continued from Council meetings of December 15, 2015, Item No. 34 and January 12, 2016, Item No. 23). RESOLUTION NO. 2016-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM forming Underground District No. 64 (Orangewood) and determining said action is exempt from the California Environmental Quality Act pursuant to Section 15302(c) of Title 14 of the California Code of Regulations. Mayor Tait remarked this item involved AT&T and as his firm had worked with them this past year, he declared a potential conflict of interest on the item and left the dais at 7:52 P.M. Janet Lonekker, Public Utilities Department, reported that since 1990, the undergrounding program had distinguished the city of Anaheim by improving electric reliability and the aesthetics of its major roadways. The item now before Council for consideration would approve the formation of the 64th underground district on Orangewood Avenue between Eugene Street located west of Harbor Boulevard and Lewis Street west of the 5 freeway. She indicated Ponderosa Park and Elementary Schools were along the proposed district and one of the reasons for recommending the project was to coordinate with other construction proposed in the area. She also noted that Southern California Edison (SCE) passed through a portion of the city and that the CPUC ruled they were not obligated to underground at their expense, therefore, Edison's high voltage lines located along Haster Street running north and south of Orangewood Avenue would remain overhead. She indicated Orangewood was a heavily traveled major roadway in an area of high density multi-family dwellings and some commercial businesses and Public Utilities would coordinate construction of this project with the Public Works Department and their planned street improvements to minimize impacts to traffic and maintain access to public parking for community use facilities like the Ponderosa Elementary School and Library for their education programs. Construction was planned for early 2017 for completion by the summer of 2018 subject to coordination activities with property owners and other agencies and utilities. Ms. Lonekker stated this was an area with heavy electrical use and this project was being implemented to avoid having to replace the utility poles and upgrade overhead wires in the interim. With new underground infrastructure, the Department would improve reliability and increase capacity, and would include new LED street lights and upgraded city fiber optics as well as resurfacing of the roadway once the project was completed. Council Member Vanderbilt inquired if there were any other developments closer to Harbor that might be in the works that would benefit from the timing of this project. Dukku Lee, Public Utilities General Manager, responded that because of the nature of this project, it was considered one of the major backbone systems so even the surrounding areas whether closer to Harbor or other new developments being considered, this increased capacity was going to bring system-wide improvements for the entire region in that southern portion of the city. He added, right now the Department was coming up against capacity with the current wires on the poles nearing capacity and it was necessary to do this project anyway and was timely because once the underground system was in place, it would be sized for future load in that area and be able to accommodate future expansion. Mayor Pro Tern Kring opened the public hearing for comments. City Council Minutes of January 26, 2016 Page 18 of 27 William Fitzgerald offered his views on the undergrounding utility program, city staff and council members, certain capital improvement projects and their funding costs and political makeup of the city. Mayor Pro Tem Kring emphasized there were so many inaccuracies in the statements made by the previous speaker, asking Mr. Lee to explain the setting/environment of this project area. Mr. Lee responded he could do so in the context of electrical service, stating the electrical circuit did not service Disneyland and only served the area surrounding the Ponderosa neighborhood with no affiliation to Disney. In terms of undergrounding projects that were recently completed, there were many projects in the west that included Magnolia, Brookhurst, La Palma, parts of Lincoln, and Dale, a significant amount of work that had gone on and available on the city's website so ratepayers could see where their undergrounding dollars were going. He added the Department recently had an audit that confirmed they were using revenues properly so he felt comfortable coming to the City Council with projects that addressed all of the criteria for selecting projects, including geographic diversity. He added where the city was limited was in the areas where Edison lines were overhead because the City could not pay for undergrounding of SCE lines, or AT&T or Time Warner Cable. Benita Gagne asked if AT&T and Time Warner were paying the costs for the entire project, including street resurfacing and other utility costs. Mr. Lee responded that with the formation of this district, the City Council was directing other utilities such as AT&T and Time Warner to underground their lines at their own expense. He pointed out this was done through a joint trench process, one trench in which each utility paid a pro rata share of the undergrounding. With no other comments offered, the public hearing was closed. MOTION: Council Member Brandman moved to approve RESOLUTION NO. 2016-029 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM forming Underground District No. 64 (Orangewood) and determining said action is exempt from the California Environmental Quality Act pursuant to Section 15302(c) of Title 14 of the California Code of Regulations, seconded by Council Member Murray. DISCUSSION: Council Member Murray remarked the undergrounding program had been a success story for the city and other cities were modeling programs along the same lines. It benefited property values, the security of the power lines and the improvement of local streets and roads with residents' property values benefiting from this program from east to the west. She appreciated the involvement of the civic committee that participated. Council Member Vanderbilt inquired about the future projects in the process with Mr. Lee responding a project had not yet been identified is it depended on funding availability and staff was reviewing the budget right now for the mid-year budget projects to determine if funds were available to support another project. ROLL CALL VOTE: AYES —4: (Mayor Pro Tern Kring and Council Members Brandman, Murray and Vanderbilt.) NOES — 0. ABSTENTION — 1: Motion Carried. At 8:11 P.M., Mayor Tait returned to the dais. City Council Minutes of January 26, 2016 Page 19 of 27 33. This is a public hearing to consider a request for a traffic impact and improvement fee D175 waiver for property located at 4100 E. La Palma Avenue (Building Permit BLD2015- 01370). Staff recommends denial of request. Natalie Meeks, Public Works Director, reported this request was to waive the traffic transportation fee the city implemented to offset the traffic impacts of new development in the city or for expansions of current development. The fee offset only a portion of those impacts, about 15 percent of the actual traffic impacts to the city, and the city funded the difference with other transportation funds or grant funding. She explained this fee was a requirement for Measure M eligibility and it was consistently implemented across all development in the city. In this specific case, she noted, the property owner was adding usable square footage on his property in the form of a mezzanine, adding an additional story inside his building which fell under the requirement for traffic and transportation fee. She stated staff believed the fee was applicable in this case. Mayor Tait opened the public hearing for comments, asking the appellant to address his issue. Mark Dooley, property owner of industrial building at 4100 E. La Palma, stated he was requesting a fee waiver from the city for a fee he was made aware of when he pursued permits for building a storage mezzanine on his property. He indicated the Planning Department disagreed with the storage mezzanine title, calling the construction a second story, which resulted in a $22,000 traffic impact and improvement fee. He remarked he was moving his motorcycles and antique cars from one part of his building to store on a 2,700 square foot mezzanine and that the city's Municipal Code Section 17.32.040.010 addressing exemptions included "any structure or any portion thereof devoted to parking of automobiles" which should exempt him from that fee. In addition, Section 17.32.080 of the Code addressing fee adjustments explained a waiver of the fee based upon the absences of a reasonable relationship or nexus between transportation impact of the development would apply in his case also because he was simply moving motorcycles and antique cars from one part of his building to another with no impact to roads, highways or streets. He then submitted the Municipal Code sections to the City Council. Mr. Dooley added there would be no employees working on the mezzanine, no business would be conducted there and the automobiles, motorcycles and parts had been sitting in his building for many years. In addition, no automobiles, motorcycles or parts would need to be delivered to his building because they were already located there. He also disagreed with the staff report, remarking that no part of the mezzanine would be used for the existing business or manufacturing operations and he was not in the truck and motorcycle parts storage business either. He explained his business was DG Performance Specialties and had been located in Anaheim since 1973 and he manufactured and sold motorcycle after-market products, pointing out that the business had downsized this past year because the motorcycle market had declined by seven percent in the past seven years. He added, now with less employees and less business due to the downturn, the transportation fee would place a burden on his business. William Fitzgerald spoke in support of the fee waiver for a small business that had been in operation since 1973 and in opposition to staff's recommendation. With no other comments offered, Mayor Tait closed the public hearing. City Council Minutes of January 26, 2016 Page 20 of 27 Council Member Vanderbilt inquired whether a condition could be placed on the property deed in case the property was sold, and at that point, the new owner would be subject to this fee. Ms. Meeks responded she was not sure if such a restriction on the property was possible. The City Attorney responded that the question was what it would take for the city to enforce such a provision and how it could be monitored and whether the appellant would agree as well as the mortgage lender. Ms. Meeks remarked the appellant was adding usable square footage to his building and the parking exemption referred to in the Municipal Code referred to employee parking, not for the parking of business equipment parts, etc. and would not apply in this instance. She also clarified that the transportation fee associated with his improvement was not $22,000, it was $3,834, Mayor Tait explained the larger fee was from the Transportation Corridor Agency, approximately $11,000 with Ms. Meeks concurring and adding that the city had no authority to waive or take any action on that fee. Mayor Pro Tern Kring stated she was on the Transportation Corridor Agency board and would discuss that fee with them at their meeting tomorrow. However, she pointed out, the property owner's business had been going through a down cycle because people were not buying motorcycles as they once did and right now, the site was a place to park his personal antiques with no impact to the streets or traffic. In addition having downsized his business from 168 to 30 employees, traffic impacts from his business were significantly less and she did believe that the structure and portion devoted to the parking of his personal vehicles should be exempt and she would support waiving the $3,834 fee. MOTION: Mayor Pro Tern Kring moved to waive the $3,834 Traffic Impact and Improvement Fee, seconded by Mayor Tait for purposes of discussion. DISCUSSION: Mayor Tait remarked the appellant had a point that the Municipal Code section on exemptions for this fee stated that "this chapter shall not apply to any structure or any portion thereof devoted to parking of automobiles." He felt the code was ambiguous, the appellant's interpretation was reasonable and he would support granting a waiver. Council Member Vanderbilt reported he had received an email from the appellant and acknowledged that receipt and had also attempted to communicate with the property owner. Mayor Pro Tem Kring disclosed she had spoken to the appellant; Mayor Tait indicated he had received a packet of information as well and Council Member Brandman indicated his office had also attempted to reach the appellant. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES—0. Motion Carried to grant the fee waiver. 34. ANAHEIM CANYON SPECIFIC PLAN PROJECT C330 ENVIRONMENTAL IMPACT REPORT NO. 2013-00348 C410 GENERAL PLAN AMENDMENT NO. 2014-00492 C420 SPECIFIC PLAN AMENDMENT NO. 2014-00065 C280 ZONING CODE AMENDMENT NO. 2014-00115 RECLASSIFICATION NO. 2014-00262 LOCATION: Anaheim Canyon encompasses approximately 2,600 acres in the northern portion of Anaheim, roughly bounded on the north by Orangethorpe Avenue, on the south by the Santa Ana River, on the east by Imperial Highway (SR-90), and on the west by the Orange Freeway (SR-57). City Council Minutes of January 26, 2016 Page 21 of 27 PROJECT: The Anaheim Canyon Specific Plan (ACSP) Project would update and consolidate two specific plans (the Northeast Area Specific Plan and the PacifiCenter Anaheim Specific Plan) and the Scenic Corridor Overlay Zone, as it relates to Anaheim Canyon, into one new specific plan. The Northeast Area Specific Plan currently guides development for most of the industrial area in Anaheim Canyon, and the PacifiCenter Anaheim Specific Plan covers approximately 26 acres at the southwest corper of La Palma and Tustin Avenues. The goal of the ACSP is to encourage sustainable development and create a business environment attractive to a wide variety of industries, especially high tech, green, and new energy businesses. The ACSP is anticipated to remove regulatory obstacles to the reuse of existing structures and promote infill development of currently vacant or underutilized properties. It would also facilitate and encourage use of non-vehicular transportation by improving the Anaheim Canyon Metrolink Station and providing sidewalks, bike lanes, and trails. The ACSP would promote the use of sustainable building systems through a variety of zoning, building, and utilities incentives. At buildout, the ACSP would allow for the redevelopment of existing uses, resulting in approximately 47 million square feet of non-residential land use and 2,919 dwelling units. There are currently approximately 27.9 million square feet of non-residential buildings in the ACSP area, and the Proposed Project would result in the potential to develop an additional 19.6 million square feet of non-residential building area. All of the potential residential units would be located within Development Area 3 (DA-3), Transit Oriented Development Area surrounding the existing Metrolink station. There are currently 312 multi-family residential units that exist in DA-3. Approval of the Anaheim Canyon Specific Plan Project includes approval of the following requests: • General Plan Amendment No. 2014-00492: Amend the General Plan Land Use, Circulation, Green, Economic Development, and Community Design Elements to provide consistency with the Anaheim Canyon Specific Plan. • Specific Plan Amendment No. 2014-00065: Rescind the PacifiCenter Anaheim and Northeast Area Specific Plans and adopt the Anaheim Canyon Specific Plan in their place. • Zoning Code Amendment No. 2014-00115: Amend Title 18 (Zoning) of the Anaheim Municipal Code to (a) rescind Chapter 18.106 (PacifiCenter Anaheim Specific Plan No. 88-3 (SP88-3) Zoning and Development Standards) and Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP94-1) Zoning and Development Standards), (b) adopt Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zoning and Development Standards), and (c) amend other portions of the Anaheim Municipal Code to be consistent with the addition of the new Chapter 18.120. • Reclassification No. 2014-00262: Apply the zoning and development standards of the proposed new Chapter 18.120 to those properties within the Anaheim Canyon that are currently classified under the SP 88-3 Zone, the SP 94-1 Zone, the "I" Industrial Zone, the "C-G" General Commercial Zone, the "T" Transition Zone, and the Scenic Corridor (SC) Overlay Zone. Environmental Determination: Environmental Impact Report No. 2013-00348 analyzes the environmental effects of the Draft ACSP to the degree of specificity required by Section 15146 of the State CEQA Guidelines. Significant effects on the environment anticipated as a result of implementation of this project include air quality, greenhouse gas emissions, City Council Minutes of January 26, 2016 Page 22 of 27 noise, and transportation and traffic. The proposed certification of EIR No. 348 includes adoption of a Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring Program No. 312 and a Water Supply Assessment. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council certification of Environmental Impact Report No. 2013- 00348, including the adoption of a Statement of Overriding Considerations, Mitigation Monitoring Program No. 312 and the Anaheim Canyon Specific Plan Water Supply Assessment; and, approval of the General Plan Amendment, Specific Plan Amendment, Zoning Code Amendment and Reclassification, with the modifications recommended by staff in the staff report and at the meeting. (Resolution Nos. PC2015- 083, PC2015-084, PC2015-085, PC2015-086, PC2015-087) VOTE: 5-0 (Chairman Lieberman and Commissioners Caldwell, Henninger, Ramirez and Seymour voted yes. Commissioners Bostwick and Dalati were absent) (Planning Commission Meeting of October 19, 2015). RESOLUTION NO. 2016-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM certifying Final Environmental Impact Report No. 2013-00348 and adopting Findings of Fact, a Statement of Overriding Considerations, Mitigation Monitoring Program 312 and a Water Supply Assessment for the Anaheim Canyon Specific Plan and related actions (DEV2011-00125). RESOLUTION NO. 2016-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2014- 00492 for the Anaheim Canyon Specific Plan Area (DEV2011-00125). RESOLUTION NO. 2016-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting Specific Plan Amendment No. 2014- 00065 rescinding Pacificenter Anaheim Specific Plan No. 88-3 and Northeast Area Specific Plan No. 94-1, and adopting Anaheim Canyon Specific Plan No. 2015-1 (SPN2014-0065) (DEV2011-00125). Approved, as amended ORDINANCE NO. 6358 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM (1) amending Section 6.28.010 (Beekeeping Prohibited) of Title 6 of the Anaheim Municipal Code; (2) amending Sections 18.18.020 (Delineation Of(SC) Overlay Zone Boundaries) of Chapter 18.18 (Scenic Corridor (SC) Overlay Zone), 18.38.025 (Alcoholic Beverage Manufacturing) of Chapter 18.38 (Supplemental Use Regulations), 18.38.125 (Emergency Shelters) of Chapter 18.38 (Supplemental Use Regulations), and 18.48.020 (Application and Permit Requirements) of Chapter 18.48 (Recycling Facilities) of Title 18 (Zoning) of the Anaheim Municipal Code; (3) amending Table 90-A Zone Correspondence of Section 18.90.100 (Former Zones) of Chapter 18.90 (General Provisions) of Title 18 (Zoning) of the Anaheim Municipal Code; (4) rescinding Chapters 18.106 (Pacificenter Anaheim Specific Plan No. 88-3 (SP 88-3) Zoning and Development Standards) and 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code; and (5) adding new Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-01 (SP2015-01) Zoning and Development Standards) to Title 18 (Zoning) of the Anaheim Municipal Code. Ordinance Introduced. City Council Minutes of January 26,2016 Page 23 of 27 ORDINANCE NO. 6359 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2014-00262) (DEV2011-00125). Ordinance Introduced. David Belmer, Planning Director, remarked the Anaheim Canyon Specific Plan (ACSP) had been presented to the Planning Commission last October who unanimously recommended its approval to the city council, adding that the plan had been initiated long before his arrival in the city. He introduced Susan Kim, Principal Planner, to present the report. Ms. Kim remarked the Anaheim Canyon Specific Plan was a 2,600 acre industrial area located in the northern portion of Anaheim, between the 57 Freeway and Imperial Highway north of the 91 freeway, a major employment center providing nearly 40,000 jobs to the region. She noted in 2011, the city was awarded a grant from the California Strategic Growth Council to prepare a specific plan for this area and the primary goal of that effort was to create a business environment attractive to a wide variety of industries while encouraging sustainable development practices. Before receipt of the grant funding, she indicated staff began meeting with several area property and business owners and local real estate brokers to discuss the area's future and steps the city should take to attract new businesses and encourage existing businesses to stay and expand. Those stakeholders were the Anaheim Canyon Advisory Group, who helped to identify issues and opportunities within Anaheim Canyon and served as a liaison between the city and the local business community. Community meetings were also held with other members of the development and business community, residents, employees, interdepartmental staff and other governmental agencies. She added a key part of this outreach was a survey about what amenities should be added or expanded. Ms. Kim reported that through this outreach staff also identified the need to create clear and flexible zoning rules. A vision statement was developed during the outreach process identifying the Canyon as an innovative and dynamic business environment offering opportunities for growth, development and sustained success with clear policies and principles in place. She explained the ACSP would replace two existing specific plans, the Pacific Center's Specific Plan approved in 1989, and the Northeast Area Specific Plan approved in 1995. The Pacific Center's Specific Plan was designed to implement a mixed use development that would include offices, retail, restaurants and a hotel with supporting services to encourage transit use and facilitate business operations, and she pointed out, much of the plan had been implemented, however it had not been developed to its maximum potential. She added that in recent years there had been requests to incorporate transit-oriented residential development within and adjacent to this specific plan area and that the proposed ACSP would provide for mixed use residential development at this location and across the street on the eastside of Tustin Avenue. The Northeast Area Specific Plan was intended to provide for a wide variety of industrial and commercial uses in generally the same area as the ACSP; however the zoning regulations within this plan were outdated, cumbersome and somewhat inflexible. She indicated the proposed plan would update and streamline those regulations. Details of the proposed specific plan were as follows: 1) The proposed plan was divided into chapters in a clear, concise manner and focused on imagery to convey planning and policy ideas. ..��.., rrr rr� LAIT T IUUT lJVC1 IQV - City Council Minutes of January 26, 2016 Page 24 of 27 2) The specific plan themes of economic development, creating high quality jobs, and encouraging sustainability were also woven throughout the document and created the brand for the Anaheim Canyon. 3) The plan would structure the development areas and development standards to streamline the permitting process for businesses and industrial uses while protecting industrial uses from incompatible uses. 4) Development Area 1 provided locations for light and heavy industrial uses while Development Area 2 provided locations for recycling facilities. Development Area 3 provided a location for mixed use residential development in walking distances to Anaheim Canyon Metrolink station, and Development Area 4 provided locations for the development of locally serving commercial and retail amenities. Development Area 5 provided locations for larger regional serving commercial, entertainment and medical uses. In certain cases, residential mixed use development could also be permitted in the development area. Development Area 6 included the Santa Ana River and the water retention basins. Development Area 7 was south of La Palma Avenue and west of Kraemer and was intentionally flexible to allow a wide range of commercial and industrial uses which was reflective of the areas' existing development patterns. 5) These development areas would be regulated by a new section of the city's zoning code that streamlined 190 pages of existing code into a concise 28 pages of tables and easy to read requirements. Ms. Kim explained there were also additional key features of the specific plan, as follows: 1) To improve open space areas within Anaheim Canyon, the city would work with other agencies including the OCWD to improve open space access and activities. 2) Proposed roadway improvements would promote the brand, improve the area's image and enhance sustainability through complete street features that would insure the public rights' of way were designed for all types of users, such as pedestrians, bicycles, automobiles, buses and trucks. 3) To make all this work the plan included a clear and strategic implementation action plan that organized physical improvements, policy and regulatory changes, and coordination activities. 4) Key to this implementation plan was the launching of marketing strategy designed to promote the opportunities provided by the new specific plan and help city staff coordinate actions and help the community understand the types of investment Anaheim is willing to make in the Canyon. Ms. Kim reported that state law required specific plans to be consistent with the General Plan and to do that, the proposed actions for Council's consideration included amendments to the General Plan Land Use Plan, Circulation, Green, Economic Development and Community Design elements of the General Plan. A zoning code amendment was also required to rescind the area's two specific plans and replace them with the new one. In addition, properties within Anaheim Canyon would no longer be subject to the requirements of the Scenic Corridor Overlay Zone as the natural features of the Overlay Zone were intended to protect specimen trees and hillside views, and did not exist in this area and were unnecessary to address. In addition, an environmental impact report (EIR) was prepared to analyze environmental impacts associated with the Anaheim Canyon Specific Plan with mitigation measures prepared to mitigate any significant impacts. Those impacts that could not be fully mitigated included air quality, greenhouse gas emissions, noise, traffic and transportation. Ms. Kim reminded Council that state law allowed agencies to certify an EIR that disclosed significant and unavoidable impacts if City Council Minutes of January 26, 2016 Page 25 of 27 it determined that the benefits of the proposed project outweighed the significant impacts. She also noted the benefits of this project included future economic growth, increased employment opportunities, a reduction in per capita vehicle miles traveled, promotion of sustainable development and the provision of housing near transit. Staff had also received a letter from CALTRANS on this date regarding the project and the EIR's evaluation of impacts to state highway facilities and a copy of that letter was provided to Council as well. She indicated the comments in the letter asked for clarification of information previously provided to CALTRANS and did not pertain to the adequacy of the EIR and that staff believed these comments could be addressed through further coordination with CALTRANS and should not impact certification of the EIR. Ms. Kim ended her report stating the proposed ACSP would preserve and protect this area as a major employment center for Anaheim and the region and that the streamlined development regulations and processes included in the plan would achieve the goal of ensuring that Anaheim Canyon remained a competitive business and employment center that greatly strengthened the economy, Mayor Tait opened the public hearing for comments. Philip Schwartz, representing one of the stakeholders in that area, Dominion Properties, remarked he had read and understood the staff report, the specific plan and the environmental documents. He asked for a minor correction on the staff report, page 6, requesting that three more words be crossed out, i.e., "residential or other" in the line to protect the integrity of residential and other. By deleting those words, he felt it would clarify the point that the city was interested in protecting the industry against sensitive uses. He emphasized this correction was discussed with staff and they were in agreement with the deletion because the statement still maintained the desire the city had to protect those areas. On behalf of Dominion Properties, he appreciated all the work put into this project and looked forward to offering businesses an opportunity for new and exciting ventures for the city. William Fitzgerald spoke in opposition to the specific plan and objecting to the five minute time limit for comments. None of his additional comments related to the proposed specific plan. With no other comments received, Mayor Tait closed the public hearing. Council Member Brandman then moved to approve Agenda Item No. 34, with an amendment to Section 4.1 of the Specific Plan Amendment No. 2014-00065, as mutually agreed upon, seconded by Mayor Pro Tern Kring. The action included the following: • to approve RESOLUTION NO. 2016-030, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM certifying Final Environmental Impact Report No. 2013- 00348 and adopting Findings of Fact, a Statement of overriding Considerations, Mitigation Monitoring Program 312 and a Water Supply Assessment for the Anaheim Canyon Specific Plan and related actions (DEV2011-00125); and • to approve RESOLUTION NO. 2016-031, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2014-00492 for the Anaheim Canyon Specific Plan Area (DEV2011-00125); and • to approve RESOLUTION NO. 2016-032, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting Specific Plan Amendment No. City Council Minutes of January 26, 2016 Page 26 of 27 2014-00065 rescinding Pacificenter Anaheim Specific Plan No. 88-3 and Northeast Area Specific Plan No. 94-1, and adopting Anaheim Canyon Specific Plan No. 2015-1 (SPN2014-0065) (DEV2011-00125) as amended; and • to introduce ORDINANCE NO. 6358 , AN ORDINANCE OF THE CITY OF ANAHEIM (1) amending Section 6.28.010 (Beekeeping Prohibited) of Title 6 of the Anaheim Municipal Code; (2) amending Sections 18.18.020 (Delineation Of (SC) Overlay Zone Boundaries) of Chapter 18.18 (Scenic Corridor (SC) Overlay Zone), 18.38.025 (Alcoholic Beverage Manufacturing) of Chapter 18.38 (Supplemental Use Regulations), 18.38.125 (Emergency Shelters) of Chapter 18.38 (Supplemental Use Regulations), and 18.48.020 (Application and Permit Requirements) of Chapter 18.48 (Recycling Facilities) of Title 18 (Zoning) of the Anaheim Municipal Code; (3) amending Table 90-A Zone Correspondence of Section 18.90.100 (Former Zones) of Chapter 18.90 (General Provisions) of Title 18 (Zoning) of the Anaheim Municipal Code; (4) rescinding Chapters 18.106 (Pacificenter Anaheim Specific Plan No. 88-3 (SP 88-3) Zoning and Development Standards) and 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code; and (5) adding new Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-01 (SP2015-01) Zoning and Development Standards) to Title 18 (Zoning) of the Anaheim Municipal Code; and • to introduce ORDINANCE NO. 6359, AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2014-00262) (DEV2011-00125). DISCUSSION: To the question posed were the suggested changes made by Dominion Properties acceptable to staff, Mr. Belmer responded that he had discussed that change with Mr. Schwartz and supported it. Mayor Tait asked if an existing industrial building would have restrictions placed on them as a result of the proposed Specific Plan with Mr. Belmer responding that within the proposed plan, there were generous legal non-conforming provisions that would allow any legal non-conforming business to continue to operate indefinitely and even expand beyond what would normally be allowed in a legal non- conforming situation. He pointed out this was a priority as the intent of the Specific Plan was to make it easier on the business community and to make sure they had those protections. Mayor Tait appreciated staff's hard work in putting this vision together with a freedom-based approach that allowed more options to find the highest and best use for this area. ROLL CALL VOTE: AYES —5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt.) NOES—0. Motion Carried. COUNCIL COMMUNICATIONS: Mayor Pro Tern Kring announced the Black History Parade to be held on February 6th and congratulated Natalie Meeks, Rudy Emami and Public Works staff for receiving the Governor's Environmental and Economic Leadership Award for ARTIC. Council Member Murray announced the Access California Gala on February 6th at the Anaheim Hilton, highlighting the critical services this organization provided to the Muslim and Arab refugees coming to American from war torn areas. City Council Minutes of January 26,2016 Page 27 of 27 Mayor Tait reported on his attendance at the US Conference of Mayors in Washington, DC, his participation on the immigration taskforce where he served as Chair, the opening of the Saint Joseph headquarters, bringing 900 jobs to downtown Anaheim on Center Street Promenade, and announced the State of the City to be held on February 9 at the City National Grove of Anaheim. ADJOURNMENT: At 8:58 RM., Mayor Tait adjourned the January 26, 2016 council session, remarking the next meeting was scheduled for February 9, 2016. Re-4-ctfully submitted, 410` till Linda N. Andal, CMC City Clerk