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2013/01/15ANAHEIM CITY COUNCIL REGULAR MEETING OF JANUARY 15, 2013 The regular meeting of January 15, 2013 was called to order at 3:03 P.M. in the chambers of Anaheim City Hall, located at 200 Anaheim Boulevard. Present: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, and Kris Murray. Mayor Pro Tern Eastman joined the dais at 3:23 P.M. Staff Present: City Manager Bob Wingenroth, City Attorney Cristina Talley, and City Clerk Linda Andal WORKSHOP — PLUG -IN ELECTRIC VEHICLES READINESS UPDATE Dukku Lee, Public Utilities Department, provided an update on electric vehicles focusing specifically on plug -in electric vehicles (PEVs); i.e., vehicles receiving all or part of its power from batteries, which could be recharged by plugging into an electrical resource. Hybrid vehicles that did not plug -in to recharge were not considered PEVs. He indicated technology had progressed since the 1990's when General Motors came out with the EV -1 in 1996. At that time there were two real concerns or challenges to purchasing electric vehicles: i) the extreme cost of manufacturing as the technology was not fully developed at that time and ii) range anxiety, as vehicles offered only 40 to 50 miles per charging event. Now, he stated, major auto makers were developing the next generation of PEVs: from the Toyota Rav -4 built in 1997, the 2008 Tesla Roadster, the 2010 Chevy Volt and Nissan Leaf, and the newest Toyota Prius edition. The Nissan Leaf, a 2010 battery- powered vehicle had a range of 73 miles per charge, while the hybrids had a more extensive range using gas power in addition to the plug -in electrical resource with the 2012 Prius offering a range of 540 miles. He stated manufacturing was still in its infancy stage and still progressing with models ranging from $32,750 for the Prius, to well over $100,000 for the Tesla Roadster. There were federal and state incentives to encourage PEVs and currently they made up .3 percent of total U.S. auto sales. The federal incentive offered a tax credit up to $7,500 toward a purchase /lease of a new qualified PEV while the California Air Resources Board (CARB) provided rebates up to $2,500. In addition, single occupants of PEVs had free access to California High Occupancy Vehicle (HOV) lanes. The fuel cost comparison utilized a Toyota Corolla, gasoline powered vehicle, providing 30 MPG and about $167 per month as a typical monthly fuel cost. The Nissan Leaf offered 99 MPG and $68 typical monthly fuel cost while the Chevy Volt hybrid offered 37 MPG for gas, 94 MPG electricity and $79 typical monthly fuel cost. Mr. Lee stated Anaheim currently had about 20 PEVs, and if forecasts were correct, would increase that number to 8,000 by 2020. He added that even with 8,000 PEVs, the impact to the local grid was six Megawatts (MW), or 1% of Anaheim's system peak. New legislative directives were already in place. AB 118 established low carbon fuel standards for vehicles sold between 2015 and 2025 such that one out of every seven vehicles sold would be alternatively fueled by 2025. The California Energy Commission accelerated PEV infrastructure, promoted public outreach, and issued grants for vehicle improvements. For fleet operators with 15 or move vehicles, the Air Quality Management District and CARB required fleets to purchase /lease low emission vehicles (not limited to PEVs). Anaheim had two PEVs Council Minutes of January 15, 2013 Page 2 of 23 and 35 natural gas vehicles in the Utility Fleet which total 168 vehicles including heavy duty trucks. Private utilities were also required to offer PEV specific time -based rates to encourage nighttime charging and private utilities were prohibited from owning or operating public charging stations to avoid monopolizing the market. Charging Level 1 was a standard 120V outlet, needing 8 -12 hours of charging and Level 2 with a dedicated 240V circuit, using 3 -8 hours for charging. For Level 1, there was no additional cost to a resident if a 120V outlet was available. For Level 2, out of pocket expenses would run between $500 to install a new 240V circuit breaker, up to $4,000 if the entire meter panel was older, undersized or had no available space for a new breaker and must be re- wired. For businesses, the cost would vary significantly based on the amount of digging and electrical upgrades needed. Permitting and Incentives Mr. Lee indicated up to a $1,500 rebate was offered for charger installation, and building permits for basic installation had been streamlined for residents. Anaheim also offered time -based rates to encourage nighttime charging when grid impacts were lower. Other neighboring cities offered rebates from $100 in Burbank and up to $2,500 in Riverside. There were 21 public charging stations around the city and 9 fleet charging stations. He added most chargers had been upgraded to the new standard connector through grants from the Department of Energy and the Air Quality Management District. Anaheim's Strategic Direction: Anaheim would engage in the legislative process to minimize impacts to Anaheim electric ratepayers and where it made sense, adopt strategies that were consistent with mandates to private utilities. In addition, the permitting process would be streamlined, such as over - the - counter issuance for a basic PEV charger installation and to offer financial tools and options for utility rates that encouraged nighttime charging. The department would also upgrade the local grid to support PEVs coincident with other planned capital improvements and use grant funding opportunities to upgrade public charges to minimize stranded investments. There would also be a minimal number of older chargers maintained to accommodate vintage PEVs. Other directives would focus on testing and evaluating new technologies and providing on -line PEV resources for customers. Lastly, the department would participate in a joint study with other Southern California utilities to insure seamless charging across territories and standard charger installation processes. Council Member Murray inquired whether electric zipcars had been considered to encourage efficient travel in the Convention Center or ARTIC with Mr. Lee responding there were be charger installations available in those areas and staff could look at opportunities for this type of transportation, especially in the ARTIC area. There was additional dialogue on whether the Anaheim's grid could be impacted in the future as PEVs became more popular. Ms. Edwards, Public Utilities General Manager remarked that at this time there was enough supply and infrastructure to accommodate this technology. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS Cecil Jordan Corcoran wondered if PEVs could be self- charging. Maria Rias, resident, strongly urged council to move toward district elections in order for neighboring communities to have good representation. Council Minutes of January 15, 2013 Page 3 of 23 Ms. Riviera, resident, discussed the lack of resources in her community and the need for local district representation to receive a fair share of the city's resources. She felt the time and money spent on research and committees could be better used elsewhere in the city and asked for district elections now rather than later. Pedro Almovar remarked he had lived and worked in Anaheim for over 20 years, holding down two jobs and running a small business as well. He talked of the graffiti problem and how it affected his business and the non - responsiveness of the Police Department to that problem. He urged council to allow representation for his community to help with local problems. Isabel Rivera, resident, asked council to make a decision now for district elections. She wanted to be allowed a voice and a vote in the city. An unidentified speaker indicated the same power struggles had been going in Anaheim's diverse communities for over 60 years. He discussed his problems with Heritage Ranch, and asked for a meeting with the City Manager and the Mayor. At 3:50 p.m., Mayor Tait recessed to closed session for the following items. CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATON (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Salvador Guillen v. City of Anaheim, USDC Case No. SACV 11 -01157 JST (ANx) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (F) of subdivision (d) Of Section 54956.9: One Potential Case 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 554956.9 of the Government Code) Name of Case: Kush Kingdom et al. v. City of Anaheim, Orange County Superior Court Case No. 2012 — 00592649 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case No. 2012 - 00579998 At 5:11 P.M., Council returned from closed session. INVOCATION: Pastor Wayne Palmer, Freedom Bible Church FLAG SALUTE: Council Member Kris Murray PRESENTATIONS: Presenting Miss Anaheim Fall Festival and Miss Teen Anaheim Fall Festival Mayor Tait took a moment to recognize Frank and Sally Feldhaus for spearheading efforts to bring back the Anaheim Fall Festival, congratulating them for the continued success with this community event. Carolyn Carpenter, Fall Festival president, introduced Lori Dinwiddie who Council Minutes of January 15, 2013 Page 4 of 23 recognized Ivana Mendez, Miss Anaheim Fall Festival and Michaela Walker, Miss Teen Anaheim Fall Festival Recognizing Gina Munoz on receiving the Anaheim Beautiful Wipe Out Award Sandra Sagert, Anaheim Beautiful, along with Ms. Jeanne Tran of Senator Correa's office, presented a certificate of recognition to Gina Munoz for her quick action resulting in the arrest and conviction of a graffiti tagger in her neighborhood. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at later date): Recognizing George Kalogridis, President — Disneyland Resort, for his contributions to the Disneyland Resort ADDITIONS /DELETIONS TO THE AGENDA: Agenda Item No. 11, a resolution regarding a grant application, was withdrawn by Fire Department staff as a result of funding. PUBLIC COMMENTS (all agenda items, except public hearings): Cecil Jordan Corcoran, Outreach Homeless Ministries, discussed issues surrounding security, gang activities, and local origination cable programming. Genevieve Huizar, resident, announced she would remain strong as she reflected on the death of her son and reported on the progress of the community's goal to stop police harassment and demand more humane tactics. An unidentified individual recounted the officer involved shootings that had occurred this summer and the resultant protests by the community and ongoing intimidation by officers. James Robert Reade discussed the lifestyle of the Eastside gang members and actions that should be taken to have gang tattoos removed. Joanne Sosa, Take Back Anaheim, remarked that developer Bill O'Connell was asking for the transient occupancy tax incentive to once again be reconsidered by this city council. She pointed out that over 20,000 residents were against this incentive and Take Back group would immediately begin a campaign to protest this action. William Fitzgerald, Anaheim Home, opposed Item No. 2 on the agenda, alleging it was an abuse of the California Mills Act. Carol Latham praised the Grand Plaza opening held last Saturday and announced the next quarterly Art Crawl on February 9 Sonia Hernandez spoke about her brother's death alleging he had been killed by an Anaheim police officer armed with a semi - automatic rifle. Danny Ramirez, Hollydale community, spoke against the Anaheim Police Department and their actions against community members and his support of a civilian oversight committee for the Police Department. Council Minutes of January 15, 2013 Page 5 of 23 Donna Acevedo spoke of her son's death at the hands of a police officer and the subsequent harassment she received by Officer Dan Hurtado and the complaints she filed with Internal Affairs. Steve McKay remarked he represented the Anaheim Canyon Community Coalition to give a voice for the Anaheim Hills residents, and was here specifically to support the Civilian Oversight Committee and opposed granting transient occupancy tax subsidies to developers. Two members of the Youth Leadership America, a nonprofit organization teaching high school students how to be leaders, invited council to their annual graduation on January 31S showcasing youth's accomplishments over the past year. Dr. Bob Simpson, Cypress College, promoted the College's annual fundraiser, the Americana Awards, to be held on February 23 at the Disney Grand Ballroom. This fundraiser provided for student scholarships, emergency situations, student loans and last year over $300,000 was distributed to direct student support and he encouraged the city council to support this year's event honoring Man of the Year, Trevor Hoffman. Jacob, an Anaheim Bald Eagles Patrol Scout, presented cookies to the city council. Jean Thaxton spoke out against officer involved shootings and the need to provide better education and training of all police officers. German Santos, resident, discussed issues he had with Garden Grove Police, Anaheim Police and Los Angeles Police Department related to racial discrimination. Dorothy Rose announced the next Orange County Symphony would take place on February 10 at Servite High School and would welcome 137 young people from Anna Drive and areas in Santa Ana with underserved youths. Terry Thaxton, representing her brother, Michael Nida, killed in Downey, stated her brother was unarmed and fearful of his life and was shot with a machine gun. The Nida organization supported the families of innocent victims of police brutality, organizing protests and marches and demanding training for every officer in every city in this county. Teresa Smith, mother of Caesar Cruz, supported the implementation of a civilian oversight committee remarking she had been fighting for this for a long time as a way to improve community relations. Ron Bengochea, resident, stated he was encouraged by an article on Anaheim elected officials focusing on a fresh start with priorities on improving neighborhoods, increasing police and fire personnel, parks and libraries. Natasha Lucero, student, called for an internal investigation of Anaheim's Police Department to address the community's fear of officers and recent incidents of brutality. Renee wondered how an officer who was involved in two fatal shootings in less than two years could be released to patrol streets, without having emotional symptoms. An unidentified speaker, discussed racial profiling and the mistrust it causes in the community, workplace and schools. He recommended a civilian oversight committee with an independent Council Minutes of January 15, 2013 Page 6 of 23 panel of citizens to highlight the work of the Police Department in addition to providing suggestions on improvement. Kerry Conlon, Anaheim Police Officer Association, remarked that over the last ten years many changes had been put in place in the Department, which made activities more transparent. With the many policies and procedures in place, the Association did not feel a civilian oversight committee was warranted at this time. An unidentified speaker discussed the disparity between Anaheim Hills residents and working class citizens in the community. He alleged police harassment, corruption, and escalation of the protesting that occurred in July was by outside police agencies. Dr. Patricia Adelaken, resident, reminded the community of Dr. Martin Luther King, Jr. stating his message was relevant today. She asked that tonight's meeting be dedicated to Dr. Martin Luther King as the 50 anniversary of the march on Washington, D.C. Duane Roberts, resident, strongly supported the establishment of a civilian oversight board to maintain watch over the Police Department. Helen Garner, resident, asked for a geographic analysis of spending before identifying a percentage of the transient occupancy tax for neighborhoods. This analysis would take the politics out of budgeting, and determine if spending was balanced, based on population, age of neighborhoods, etc. CONSENT CALENDAR: Mayor Tait removed Item No. 10 for further discussion. Council Member Kring waived reading in full of all ordinances and resolutions and to approve the balance of the consent calendar as presented, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 1. Receive and file minutes of the Budget, Investment and Technology Commission 8105 meeting of June 13, 2012 and Public Utilities Board meeting of November 14, 2012. 2. Designate 839 North Citron Street as a citywide "Historically Significant D155 Structure." 3. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Philips Healthcare, in the amount D180 of $34,722.90 (plus tax), for HeartStart monitors for Anaheim Fire Emergency Medical Services. 4. Award the contract to the lowest responsible bidder, Arnaz Engineering AGR -7442 Contractors, Inc., in the amount of $712,000, for Pressure Regulating Station Nos. 28, 45 and 59 rehabilitation projects and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 5. Approve the Final Map and Subdivision Agreement with Tu Van Nguyen and AGR -7443 Vickie Nguyen for Tract No. 17115 located at 1741 South Easy Way. Council Minutes of January 15, 2013 Page 7 of 23 6. Approve an agreement with VolunteerMatch.com, in the amount of $7,500, for a AGR -7444 one year pilot to develop a web -based networking portal that will enhance the Anaheim community's ability to better connect with local nonprofits and volunteer opportunities. 7. Approve and authorize the Public Utilities General Manager to execute and take necessary actions to implement and administer Utility Agreement No. 12-UT- AG R-7445 1210, and any related documents, with the State of California Department of Transportation for reimbursement of costs and expense for the abandonment and relocation of water facilities owned by the City and authorize an amendment to revenues and expenses, in the amount of $2,400,000, in the Public Utilities Department's fiscal year 2012/13 budget. 8. Authorize the Public Utilities General Manager to terminate the Phase I Renewable Development Agreement with Southern California Public Power AGR- 5577.1 Authority ( SCPPA), and other SCPPA participants, and approve and authorize the Public Utilities General Manager to execute and take the necessary actions to implement and administer the Phase II Renewable Development Agreement, and any related documents, with SCPPA. 9. RESOLUTION NO. 2013 -001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of P124 Anaheim certain real properties or interests therein (City Deed Nos. 11524, 11525, 11526 and 11527). 11. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit a grant application on behalf of the City of Anaheim to the California Office of Traffic Safety for the FY 2014 Office of Traffic Safety Grant and, if awarded authorizing the acceptance of such grant on behalf of the City and amendment of the budget accordingly. Item No. 11 withdrawn by staff 12. RESOLUTION NO. 2013 -004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit R100 a cost sharing matching grant application on behalf of the City of Anaheim to the Department of Homeland Security for the 2012 Fire Prevention and Safety Grant and, if awarded authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year in which the grant is awarded. 13. RESOLUTION NO. 2013 -005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Community Services R100 Director, or his designee, to submit a cost sharing matching grant application for funding from the Urban Forestry Grant Program Entitled, "An Urban Forest For Every City," as provided through Proposition 40 and /or Proposition 84 and, if awarded, authorizing the acceptance of such project assistance on behalf of the City and amending the budget accordingly. Council Minutes of January 15, 2013 Page 8 of 23 14. ORDINANCE NO. 6261 (ADOPTION) AN ORDINANCE OF THE CITY M142 COUNCIL OF THE CITY OF ANAHEIM amending various Chapters of Titles 4 and 18 of the Anaheim Municipal Code, nunc pro tunc, to correct clerical errors in Ordinance No. 6245, previously adopted (Regulatory Relief Task Force recommendations) (Introduced at Council meeting of December 18, 2012, Item No. 26). 15. ORDINANCE NO. 6262 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Table 20 -D (Development Intensities: Platinum Triangle AGR- 5230.A Mixed Use (PTMU) Overlay Zone) of Section 18.20.040 (Development Districts) AGR- 5025.A of Chapter 18.20 of Title 18 of the Anaheim Municipal Code. ORDINANCE NO. 6263 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving that certain First Amended and Restated Development Agreement No. 2008 -00002 (Development Agreement No. 2008- 00002D) by and between the City of Anaheim and Shopoff Advisors, L.P. for the Platinum Gateway project (DEV2012- 00059); making certain findings related thereto; and authorizing the mayor to execute said agreement for and on behalf of the City. ORDINANCE NO. 6264 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving that certain First Amended and Restated Development Agreement No. 2007 -00002 (Development Agreement No. 2007- 00002B) by and between the City of Anaheim and Shopoff Advisors, L.P. for the Platinum Vista Project (DEV2012- 00060); making certain findings related thereto; and authorizing the Mayor to execute said agreement for and on behalf of the City. (introduced at the Council meeting of December 18, 2012, Public Hearing Item No. 32). 16. ORDINANCE NO. 6265 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending portions of Chapter 18.116 of C280 Title 18 of the Anaheim Municipal Code (Zoning Code Amendment No. 2010- 00093; DEV2010- 00044) (Introduced at the Council meeting of December 18, 2012, Public Hearing Item No. 33). ORDINANCE NO. 6266 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Ordinance No. 5454, as previously amended (Miscellaneous Case No. 2010 - 00484) (Public hearing held at the Council meeting of December 18, 2012, Item No. 33). 17. ORDINANCE NO. 6267 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM establishing the campaign contribution limit for the election E127 cycle commencing January 1, 2013, pursuant to Anaheim Municipal Code Section 1.09.050. 18. Approve minutes of the Council meeting of December 11, 2012 and December 18, 2012. Council Minutes of January 15, 2013 Page 9 of 23 END OF CONSENT CALENDAR: 10. RESOLUTION NO. 2013 -002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the electric rates, rules and regulations D182 by modifying Rule No. 3 for the sale and distribution of electricity as adopted by Resolution No. 71 R -478 and most recently amended by Resolution No. 2012- 044. RESOLUTION NO . 2013 -003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the water rates, rules and regulations by Modifying Rule No. 3 for the sale and distribution of water as adopted by Resolution No. 72R -600 and most recently amended by Resolution No. 2012- 045. Marcie Edwards, Public Utilities General Manager, explained the Regulatory Relief Task force reviewed the regulatory environment in Anaheim and developed a set of recommendations that intended to help reduce regulatory barriers between individuals and their pursuit of the American dream. In specific response to the task force recommendations, the Utilities pursued a variety of programs, each centered on one or more of the recommendations as to how the regulatory impact on customers could be improved. Today's agenda item, she stated, was a result of one of those on -going programs, a systematic review of the rules and regulations governing utilities service in Anaheim. There were about 30 rules for water and for power, with the majority defining rates and the terms under which the utility service would be provided, historically based on providing consistency to all customers and classes and meeting all rules and regulations. These rules, she further explained, were free standing, meaning they could be reviewed rule by rule, as opposed to making changes to a number of them at once which could have unintended consequences. Rule 3 was the first rule under review, the charge to establish service. Currently a customer was charged $10 to establish a new account to cover application processing and credit checks which were required by federal law. The first suggested modification to this rule was to allow flexibility in the application of that charge to better suit a variety of situations as opposed to just imposing it on a blanket basis. In certain instances, such as a name change, or tenant transfer of account between roommates, there would be no need for a $10 service charge. The second amendment would allow seniors, the disabled, and military veterans who were income qualified at 80 percent or less of the Orange County median to have the charge waived entirely, although they would still be required to pay their utility bills. She noted the financial impact of providing such flexibility to certain customers would be about $6,000 a year. Mayor Tait appreciated this start in making less burdensome rules and regulations for the community and moved to approve RESOLUTION NO. 2013 -002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the electric rates, rules and regulations by modifying Rule No. 3 for the sale and distribution of electricity as adopted by Resolution No. 71 R -478 and most recently amended by Resolution No. 2012- 044; and to approve RESOLUTION NO. 2013 -003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the water rates, rules and regulations by Modifying Rule No. 3 for the sale and distribution of water as adopted by Resolution No. 72R -600 and most recently amended by Resolution No. 2012- 045; seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring, and Murray). Noes — 0. Motion Carried. Council Minutes of January 15, 2013 Page 10 of 23 19. Approve the Santa Ana River Parkway Minimum Sign Guidelines and Santa Ana D150 River Parkway Public Art Policy Community Services Director Terry Lowe reported in 2006, leaders from Orange, Riverside and San Bernardino counties and cities formed the Santa Ana River Trail and Parkway Partnership — a regional collaboration of cities and counties adjacent to the Santa Ana River working together to complete the 100 mile long trail from crest to coast. The Partnership was asking participating cities to adopt minimum sign guidelines and an art policy for the sections of the Santa Ana River and parkway within their city limits. He then introduced Patricia Lock - Dawson, principal consultant to the Santa Ana River Trail and Parkways Partnership to offer a more in- depth explanation. Ms. Dawson remarked that Anaheim had the most frontages on the Santa Ana River of any city in the watershed. She noted that since the 1960's, stakeholders and decision - makers endeavored to build a 100 -mile long trail from the crest of the San Bernardino mountains to the coast of the Pacific Ocean, traveling through three counties, 15 cities and multiple jurisdictions. The vision was for a mosaic of uses, parks, urban and wild all connected by a common thread and easily accessible by foot, horseback and bicycles. In 2005, the partnership was borne between the three counties and the Santa Ana Watershed Project Authority. She noted Curt Pringle was the first Anaheim appointee with Mayor Pro Tern Eastman currently sitting on the policy advisory group. She added this project was effective as it joined public and private resources, used existing authorities and created no new government. The Policy Advisory Group consisting of elected officials and the Technical Advisory Committee made up of parks managers, transportation agencies, Corps of Engineers and State Parks, all maintained its own autonomy but worked collaboratively for continuity and consistency to coordinate work and funding across the jurisdictional lines. She emphasized after 40 or 50 years of work, this trail would be finished in 2015. The biggest challenge was in working with the Army Corps of Engineers to coordinate trail construction and access through the Prado Basin and working with transportation agencies to complete the trail through the 91/71 freeway expansion area. As a leader in the watershed, Anaheim was asked to be the first city in the county to adopt the sign guidelines and public art policy. The sign guidelines were minimal, the big issue was for safety and wayfinding for trail users and to insure there was consistency as well as flexibility to add the City's own unique character to the sign. Mayor Pro Tern Eastman remarked this was a beautiful trail and in many areas appeared to be in the middle of the wilderness. Users would be able to bicycle from Anaheim out to San Bernardino, and those in San Bernardino will be able to come to the ocean. She then moved to approve the Santa Ana River Parkway Minimum Sign Guidelines and Santa Ana River Parkway Public Art Policy, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray. Noes — 0. Motion Carried. 20. Review and consider information on police oversight models and provide further D116 direction to staff. City Manager Bob Wingenroth remarked that since last summer he had talked with hundreds of Anaheim's 3,000 employees as well as countless community members and business leaders and almost each person agreed that the protests in July were not focused singularly on the Police Department. While it is the Police Department on the front line of the community during good and bad times, it was the job of the city team to take care of the community and to Council Minutes of January 15, 2013 Page 11 of 23 continue to improve. He added that the Police Department had systems of review already built into their processes and thanked the Chief and his staff for the level of review he already had in place as well as his openness and support as they researched and discussed additional oversight models over the last several months. Current Review Processes By law, Mr. Wingenroth stated, complaints filed against the police department must be investigated, and were investigated, by the Internal Affairs Bureau (IAB) which is a separate arm of the department. If IAB found any officer's actions were criminal, that officer would be prosecuted similar to any citizen. If an officer's actions were improper but not criminal, the officer may be disciplined by the Chief of Police. All complainants were notified in writing after the complaint was reviewed. He added that complaint forms were available and the Department continued its efforts to make it easier for residents to submit complaints and was currently seeking feedback by optimizing the PD website, offering complaint forms in multiple languages and additional locations in which to submit complaints. Regarding internal investigations, Mr. Wingenroth remarked the PD currently had a process in place that included internal and external agencies who investigated serious incidents. There was a major incident review team (MIRT) comprised of trained lieutenants who responded to all serious incidents, conducted complete administrative investigations to determine whether the officer's actions were in accordance with department policy, and to identify and report any weaknesses, failures or shortcoming which could be eliminated or minimized by improvements in training, tactics or policy. If MIRT found an officer's actions fell outside department policy or potentially amounted to misconduct, a personnel investigation was then conducted. There were also independent investigations that occurred when there was an incident involving the use of deadly force or when an officer's weapon was discharged and hit a person. He noted the District Attorney's (DA) Office was responsible for completing an independent criminal investigation to determine if the officer's actions were within the law, arriving on scene to collect evidence, data, and gather statements in order to conduct a comprehensive criminal investigation. The DA's investigation results were then made public in a report which was available to the public and posted on the PD's website. The next layer of review was through a contract with an independent auditor for all instances of lethal force involving an officer. Currently, the city used the Office of Independent Review (OIR) to insure fairness, accuracy, and independence with the investigation. The OIR, he explained, was a civilian oversight agency staffed by a team of attorneys with background in criminal law and civil rights. They provided recommendations on policy, training, equipment, and reform to assist the department in areas they may need to improve. In 2004, Mr. Wingenroth pointed out, the Police Chief established the Chief's Advisory Board — comprised of 22 members representative of Anaheim ranging from community members, school representatives, faith -based organizations and human relations representatives that were all vested in the success of residents and neighborhoods. The board served as a conduit for information sharing between the PD and the community regarding needs, interests and public awareness. The board members appointed must be Anaheim residents, or Anaheim business owners. He added the Chief's Advisory Board provided recommendations to the police chief regarding formation of strategies and assisted with reviewing impacts of law enforcement on issues that affected the community. Over the past nine years, this board led to enhanced youth programs, improved neighborhood and business watch strategies and increased community awareness of PD activities. Council Minutes of January 15, 2013 Page 12 of 23 Mr. Wingenroth then provided details on four civilian oversight models, as follows: Auditor Ombudsmen Model — in this model a professional was authorized to review complaints and internal affairs investigations. The auditor was authorized to review, monitor, or audit the department's complaints. If the IA investigation was insufficient, the auditor may ask for further investigation or may be authorized to conduct an independent investigation. Monitoring and Review Model — an individual or firm was authorized to review internal affairs investigations of complaints and find whether they were adequate or not and whether they agree or disagree with the findings. This model may recommend further investigation, issue policy recommendations, and may provide community reassurance of the investigations and provide transparency. Citizen Review Board — in this model a board of individuals was authorized to review investigations and find them adequate or not and state whether they agreed or disagreed with the findings. This model may recommend further investigation and issue policy recommendations. This model may provide community reassurance of the investigation by allowing various members of the community to participate. On the other hand this model required a lot of time and labor of volunteer citizens and relied on appropriate training and confidentiality of all members. Investigative Model — an independent agency or board was authorized to investigate complaints, review all police reports related to an incident, may be authorized to conduct interviews and investigate the incident themselves. Typically investigative models were comprised of experienced civilian investigators and they could be costly to implement. The City Manager stated council may consider drawing on the Chief's Advisory Board to provide community input. They could be asked to review investigations and serious incidents and determine whether they believe an investigation was adequate and state whether they agree or disagree with the findings. The advisory board may also provide recommendations for improvement to the City Manager and their report could be made public. The City Manager would review the recommendations and based on that provide appropriate direction to the police chief. He added the Chief's Advisory Board could then still continue to advise the police chief on community topics of importance to residents and the department in an effort to continue fostering a climate of mutual respect and safety in the community. This approach took advantage of an existing and well established advisory board to serve our community and could serve as a conduit also hearing from the public in an impartial matter. Council Member Murray asked the Chief to speak to how the Chief's Advisory Board was created and what benefits he had derived from this program. Chief Welter responded when he first joined Anaheim he requested his command staff recommend members of the community that represented its diversity and could give good advice and not be reluctant to voice their opinion nor challenge the Department on its actions and activities. In addition to those recommendations, he included members of Los Amigos, some of the school districts and other organizations and people he thought would benefit the board based on his examination of the history of Anaheim. He added that in the first year the board came up with working on gang problems, and for 18 months the board invited every group that had anything to do with gang intervention to stop, prevent, and engage people in the prevention of gang membership and gang violence. Out of that study, a chart was created that looked at the gaps and whether there were opportunities for partnerships and where there were redundancies. The board found there was no instruction at all regarding graffiti or gang affiliation in elementary schools and yet there Council Minutes of January 15, 2013 Page 13 of 23 was information that kids in elementary school were being enticed in gangs and some were dropping out of school in fourth, fifth and sixth grades. Out of that came GRIP, piloted in two elementary schools in Anaheim and was such a success that it grew to 18 or more schools in Anaheim and 70 schools around the county, receiving several grants from the State to continue these efforts. Currently, the Board just completed efforts on improving business watch, neighborhood watch and faith -based groups and how they interact in the Department and community in crime prevention efforts. He added there were straightforward, frank and heated debates over issues, including officer involved shootings, gang injunctions and other items; and the Board had served this community well. Council Member Murray asked for statistics on numbers of calls for service and escalation of gang activity and other data. Deputy Chief Raul Quezada reported in 2012, there were 132,038 calls for service generated for citizens via 911 or report calls. There were a total of 50,449 calls generated by officers during traffic stops or pedestrian stops. In 2012 there was a total of 44 complaints filed, 19 of those were external complaints by citizens calling in or filling out a complaint form. Twenty -five were internally generated as a result of command staff review and reports anticipating there might have been a problem specifically with the use of force. The Department was budgeted for 351 officers, although currently 340 positions were filled. For patrol officers, there were less than 36 officers out on patrol in one shift, not including traffic or gang officers. In 2012 there were a total of 8 gang - related homicides, 50 gang related assaults with a gun, 48 gang assaults with other weapons and 62 guns seized from gang members in the same year. There were, he stated, a total of 36 documented gangs in Anaheim with a total of 1,716 documented gang members. Council Member Brandman reiterated and expanded upon the existing layers of oversight currently in use to gain a clearer understanding of the process. Chief Welter explained OIR had been used for the last four years and was involved in every incident that happened in 2012 and he had taken their recommendations regarding training and policy to eliminate or at least reduce situations of deadly force. He added the DA's office started releasing more detailed reports which was at the request of the Anaheim PD to gain more transparency, and to see more information made public about the shootings in which officers were involved. Chief Welter added he had terminated 15 -17 employees during his tenure here, one of them for being involved in a shooting where no one was hit, but that personnel matters were not discussed because personnel had their right to privacy. Council Member Kring asked if the Chief felt comfortable with the Advisory Board and its mix to look into allegations of excessive force. Chief Welter responded the Board was diverse enough, honest enough and frank enough to have the ability to question and were picked to be on that board for exactly that reason. Mayor Pro Tern Eastman indicated there were a consistent group of people who regularly attend council meetings with grievances and concerns and she wanted to find a way to continue to address those concerns. Chief Welter indicated he had an open door policy, was available to meet with any individual, and again explained the complaint process in place. Mayor Tait directed staff to pursue the approach as outlined in this report and come back with the best option and method of success for a civilian oversight committee, seconded by Mayor Pro Tern Eastman. Council Member Murray asked that comparisons be included as to how other cities handled this issue and looking at what those models of success were. She also asked that goals and metrics for achieving those goals be included. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. Council Minutes of January 15, 2013 Page 14 of 23 B105 21. Appointment to complete an unexpired term on the Public Utilities Board, term to expire June 30, 2015 (Council Member Jordan Brandman). Appointment: Diane Quezada Singer Council Member Murray nominated Diane Quezada Singer, Council Member Kring nominated Abulmageed Abdulrahman and Mayor Tait nominated John Leos to the unexpired term on the Public Utilities Board. Roll Call Vote for Mr. Abdulrahman reflected Ayes — 1: Council Member Kring. Noes — 0. Abstentions — 4:(Mayor Tait and Council Members: Brandman, Eastman and Murray.) Nomination Failed. Roll Call Vote for Mr. Leos reflected Ayes — 1: Mayor Tait. Noes — 0. Abstentions — 4:(Mayor Pro Tern Eastman and Council Members: Brandman and Murray.) Nomination Failed. Roll Call Vote for Diane Quezada Singer reflected Ayes — 5 and Ms. Singer was unanimously appointed to the Public Utilities Board. 22. Review regional appointments and (re)appoint representatives to serve on these regional boards and agencies. B105 Fire Training Joint Powers Authority: APPOINTMENT: Council Member Kring (Vacant, held by former Council Member Galloway) Mayor Tait nominated Council member Kring who was then unanimously appointed to the Fire Authority. Four Corners Transportation Coalition (3 -year term, ending December 2015): APPOINTMENT: Council Member Brandman (currently held by Council Member Eastman) Mayor Pro Tem Eastman nominated Jordan Brandman for this appointment and Mr. Brandman was unanimously appointed. Orange County -City Hazardous (HAZMAT) Emergency Response Authority: APPOINTMENT: Council Member Kring Vacant, held by former Council Member Galloway) Mayor Tait nominated Council Member Kring who was unanimously appointed to the HAZMAT Authority. Metropolitan Water District: (RE) APPOINTMENT: Council Member Murray (currently held by Council Member Murray) Council Member Murray was unanimously reappointed to the Metropolitan Water District board. Orange County Sanitation District: APPOINTMENT: Council Member Kring (Currently held by Council Member Eastman) Council Minutes of January 15, 2013 Page 15 of 23 Council Member Murray nominated Jordan Brandman and Mayor Tait nominated Council Member Kring. Roll Call Vote for Council Member Brandman reflected Ayes — 3: (Eastman, Brandman and Murray); Noes — 0, Abstention — 2: (Tait and Kring.) Roll Call Vote for Council Member Kring reflected Ayes — 3: (Tait, Eastman and Kring); Noes — 0; Abstention — 2: (Brandman and Murray). As the votes were tied, a second vote was taken. The second vote for Council Member Brandman reflected Ayes -2: (Brandman and Murray); Noes — 0, and Abstention — 3: (Tait, Eastman and Kring). A second vote for Council Member Kring reflected Ayes — 4: (Tait, Eastman, Kring and Murray); Noes — 0; Abstention — 1: Brandman. Ms. Kring was appointed to the Orange County Sanitation District board. ALTERNATE: Council Member Brandman (Vacant, held by former Council Member Sidhu) Council Member Brandman was unanimously appointed as the alternate. Santa Ana River Flood Protection Agency: APPOINTMENT: Council Member Murray (currently held by Council Member Eastman) Council Member Murray was unanimously appointed to the Santa Ana River Flood Protection Agency. ALTERNATE: Mark Vukojevic (currently held by Mark Vukojevic, Staff) City Engineer Mark Vukojevic was unanimously reappointed as the alternate. Southern California Association of Governments (also, Orange County Council of Governments) (2 -year term, effective May 31): (RE) APPOINTMENT: Council Member Murray (currently held by Council Member Murray) Council Member Murray was unanimously reappointed to SCAG and OCCOG. ALTERNATE: Council Member Eastman (currently held by Council Member Eastman) Council Member Eastman was unanimously reappointed as alternate. Transportation Corridor Agency, Foothill Eastern: APPOINTMENT: Council Member Kring (currently held by Council Member Murray) Council Member Kring was unanimously appointed to the TCA. ALTERNATE: Council Member Murray (currently held by Council Member Eastman) Council Member Murray was unanimously appointed as the alternate. PUBLIC HEARINGS: P121 23. This is a public hearing to consider a resolution to determine the public interest Council Minutes of January 15, 2013 Page 16 of 23 and necessity for acquisition of portions of property located at 1810 South State College Boulevard /2020 East Katella Avenue for the Katella Avenue improvement project (State College Boulevard to Lewis Street). RESOLUTION NO. 2013 -006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1810 South State College Boulevard /2020 East Katella Avenue for the purposes of the Katella Avenue improvement project 1A (RAN ACQ 2011-00413). Natalie Meeks, Public Works Director, reported this resolution was for the acquisition of right -of- way necessary for the construction of the Katella Avenue Improvement Project 1A from State college Boulevard to Lewis Street. This project would widen Katella from 400 feet east of State College to Lewis Street to accommodate four thru -lanes in each direction. The project included new sidewalks, curb and gutter, pavement overlay, traffic signal improvements, landscape median and parkways, and drainage improvements consistent with the Platinum Triangle implementation plan. The project will relieve existing and future traffic congestion and enhance aesthetics by implementing design features of the PTMLUP. The project was environmentally cleared thru EIR339 certified in October 2010. Construction is scheduled for next summer, critical to stay in compliance with funding requirements and to adequately phase planned construction projects within the area. The proposed acquisition consists of a permanent acquisition for road right of way and public utility and a temporary construction easement. The road right of way is limited to landscaped area on the property and does not impact the building, parking or operation of the site. As with all projects, staff would continue to work with property owner and contractor to maintain access to the property throughout construction. An offer was made to the property owners on March 20, 2012 and staff had been in negotiations for nearly a year but had been unable to reach agreement and obtain executed acquisition documents. In order to insure proceeding with the project on schedule, staff recommended adopting the proposed resolution of necessity. Ms. Meeks responded that they would continue to work with the property owner to reach agreement and obtain a negotiated settlement. Mayor Tait opened the public hearing indicated testimony would be limited to following five issues only: 1) whether the public interests and necessity require the project, 2) whether the project was planned and located in a manner that would be most compatible with the greatest public good and least private injury, 3) whether the property sought to be acquired is necessary for the project, 4) whether the offer required by Government Code Section 7267.2 was made to the owner or owners of record and 5) whether the City met all other prerequisites to the exercise of eminent domain in connection with the property. William Fitzgerald, Anaheim Home, objected to the eminent domain actions for this property Cecil Jordan Corcoran offered unrelated comments. Mayor Tait closed the public hearing. Council Member Kring moved to approve RESOLUTION NO. 2013 -006, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1810 South State College Boulevard /2020 East Katella Avenue for the purposes of the Katella Avenue improvement project 1A, seconded by Council Minutes of January 15, 2013 Page 17 of 23 Council Member Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 24. Continued public hearing. C250 VARIANCE NO. 2012 -04899 (DEV2010- 00113A) OWNER: The Church in Anaheim, 2528 West La Palma Avenue, Anaheim, CA 92801 APPLICANT: The Church in Anaheim, John Pester, 2431 West La Palma Avenue, Anaheim, CA 92801 LOCATION: 2560 East La Palma Avenue To permit a six -foot high fence within the required front setback area of an existing church. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). ACTION TAKEN BY THE PLANNING COMMISSION: Approved staffs recommendation to deny Variance No. 2012 -04899 - Resolution No. PC2012 -079 (VOTE: 6 -1; Chairman Ramirez and Commissioners Agarwal, Faessel, Lieberman, Persaud and Seymour voted yes. Commissioners Bostwick voted no) (Planning Commission meeting of November 5, 2012) (Appealed by John Pester, The Church in Anaheim) (Continued from Council meeting of December 18, 2012, Item No. 30). RESOLUTION NO. 2013 -007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying Variance No. 2012 -04899 and making certain findings in connection therewith. Sheri Vander Dussen, Planning Director, announced the Planning Commission denied The Church in Anaheim's variance request to construct a six -foot fence within the 15 -foot front setback area of an existing church on November 5 th and now The Church was appealing that decision to the city council. She explained the wrought iron fence was to be used to control pedestrian and vehicle access and would run the entire width of the property along La Palma Avenue in an effort to deter trespassing, vandalism, and graffiti. She pointed out city code limited fence height in front yard setbacks to three feet, which meant the fence as requested, would require approval of a variance. Staff advised the applicant that, although the required findings for approval of a variance could not be made, a six foot fence could be placed in other locations that would provide security for the building and site, and would not require a variance. Two options were suggested by staff. The first alternative, Ms. Vander Dussen stated, would connect the side walls of the property with the church building and the second was to locate a fence in front of the building behind the parking area. She noted while the applicant chose not to pursue these options, staff felt that any loss of parking and accessibility to the roof of the building by trespassers could be overcome by using a swing gate design for the fence or rolling gates on the second option. She noted The Church elected to move ahead with the variance request and as justification for allowing a six foot fence, submitted several examples of churches with fences in the front yard setback that exceeded three feet in height. Ms. Vander Dussen indicated staff researched these examples and found that all were constructed prior to 1999, the year the City adopted the existing code limiting front yard fencing to three feet. Because these fences met development Council Minutes of January 15, 2013 Page 18 of 23 standards at the time they were constructed, they were considered legal non - conforming and may legally be retained while any new front yard fences exceeding three feet in height may only be approved through a variance process. Approval of a variance, she further explained, required that special circumstances related to parcel size, shape, topography, location or surroundings existed; and that the special circumstance would deprive the property of privileges enjoyed by other nearby properties with the same zoning classification. As this was not the case for this property, the Planning Commission denied the variance request determining no special circumstances existed. She ended her presentation stating staff recommended Council deny the appeal and requested variance, adding that staff was available to continue to work with church representatives to identify fencing and security measures that addressed their concerns regarding graffiti, vandalism and trespassing. Mayor Tait opened the public hearing, establishing guidelines and time limits for speakers. John Pester, speaking on behalf of the Church of Anaheim, stated the appeal was based on new information and the inability to respond to staff comments after the Planning Commission public hearing closed. While security, safety, and graffiti were still underlying concerns, he stated The Church of Anaheim would focus on responding to three specific staff comments raised after the Planning Commission public hearing was closed. The first comment indicated any permitted use was attached to the land, not the property owner and should the church be sold at some future date, the fence would be allowed so long as the use remained the same. Mr. Pester emphasized that The Church of Anaheim would have no issue with agreeing to a condition that in the event of the future sale of the property, the fence would be removed, understanding that the value of the property might be decreased by that action. He added The Church had no intention of moving and had invested over $600,000 in improvements to the site with an additional $20,000 to include the requested fence. The second comment was consideration of additional conditions. He noted staff had indicated a tentative set of conditions was drafted in the event the Planning Commission approved the variance request. While these conditions were not presented publicly, he indicated The Church would be agreeable to accepting the City's terms and hoped for an opportunity to review those conditions in the future. The third comment related to the precedent setting nature of this variance. Mr. Pester stated a Commissioner inquired whether any fences had been constructed in the front yard setback similar to this proposal, after the 1999 code was updated and staff replied that The Church of Anaheim would be the first to be constructed since that date and he felt that argument was persuasive as the Commissioner's considered the matter. Mr. Pester later determined that statement was incorrect. After thorough research of all assembly properties catalogued from the phone book and using Google map to determine which of those 300 sites contained fences in the front yard setback in excess of three feet, 23 sites were identified and visited. Of those sites, he explained, four with the newest construction were selected and conditional use permits for those properties were requested. Three of the sites were zoned prior to 1999. The fourth site, 220 East Palais was granted a conditional use permit in 2006. The Planning Commission also requested an existing chain link fence on that site be upgraded to a six foot wrought iron fence, effectively granting a defacto variance without one being requested. Given this additional information, Mr. Pester added, along with The Church of Anaheim's willingness to work with staff regarding conditions, he urged council to reverse the Planning Commission's decision and approve the variance request. Council Member Murray remarked that the staff report indicated the Police Department and Planning Department offered to meet with The Church to address safety and security measures, asking if those meetings took place. Mr. Pester responded the meetings did not take place as the options were discussed at the Planning Commission and the meeting with the Police Council Minutes of January 15, 2013 Page 19 of 23 Department was related to lighting issue, however, he added The Church looked forward to that meeting regardless of the outcome of this appeal. Council Member Eastman appreciated the thorough presentation, inquiring whether there had been any discussion of using landscaping to improve the aesthetic value of the fence or property. Mr. Pester stated The Church would be open to that idea. William Fitzgerald, Anaheim Home, supported the variance request as a security measure for The Church of Anaheim. Cecil Jordan Corcoran spoke on matters unrelated to this public hearing matter. Ted Hague stated The Church acquired that property 2.5 years ago, made improvements to it and was now looking for a way to prevent future tagging of the property with its easy access to the roof. He would be happy to use landscaping of the City's choice for a more pleasing exterior and hoped the same rights would be granted to this facility as was extended to other churches in Anaheim. Mr. Pester asked council to disregard Mr. Fitzgerald's comments as they were not comments The Church could support. Council Member Brandman suggested using a wrought iron fence with a curved top, often used in public schools to deter trespassers from climbing over the tops of a fence. Mayor Tait confirmed that staff had not been able to locate any variance granted for fences since 1999, although Mr. Amstrup indicated one could have been constructed without a permit. Mayor Tait stated the code had been amended in 1999 to eliminate residents from bringing fences out to the front of their property for aesthetic reasons. Mayor Pro Tern Eastman felt there were some exceptions to this property, as it was not contiguous with other properties and with the new information brought forward, she would be in favor of approving the variance. Council Member Kring concurred as long as the condition that the fence be removed, if the property were to be sold. Mayor Tait closed the public hearing. Mayor Pro Tern Eastman then moved to approve the variance request, seconded by Council Member Kring. Mayor Tait indicated he could not support the variance because a precedent would be set and he believed there were no special circumstances to be found to grant the variance. Council Member Murray concurred, stressing the need to keep standards in place citywide. She preferred to find another solution that would achieve The Church's goals without requiring a variance. Council Member Brandman concurred remarking he would like to help facilitate other options to satisfy The Church's security concerns. Roll Call Vote: Ayes — 2: (Mayor Pro Tern Eastman and Council Member Kring. Noes — 3:(Mayor Tait and Council Members Brandman and Murray.) Motion Failed. Mayor Tait then moved to approve RESOLUTION NO. 2013 -007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying Variance No. 2012 -04899 and making certain findings in connection therewith, seconded by Council Member Murray. Roll Call Vote: Ayes — 3: (Mayor Tait and Council Members: Brandman and Murray). Noes — 2:(Council member Eastman and Kring.) Motion Carried. Council Minutes of January 15, 2013 Page 20 of 23 25. Appellant requests continuance to the Council meeting of February 5, 2013. CONDITIONAL USE PERMIT NO. 2008- 05348A (DEV2012- 00069) C220 OWNER: Grace OC Church, 8095 Crystal Drive, Anaheim, CA 92808 APPLICANT: Development Advisors, LLC, Greg McCafferty, 2390 E. Orangewood Avenue, Suite 510, Anaheim, CA 92806 LOCATION: 8095 East Crystal Drive To amend an existing conditional use permit to allow expanded service hours and activities for an existing church. Environmental Determination: The proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 1 (Existing Facilities). ACTION TAKEN BY THE PLANNING COMMISSION: Approved Conditional Use Permit No. 2008- 05348A with modifications to Condition Nos. 2, 3, 5 and 8 (Resolution No. PC2012 -089). Vote: 5 -1. Chairman Ramirez and Commissioners Bostwick, Faessel, Lieberman and Persaud voted yes. Commissioner Seymour voted no. Chairman Agarwal was absent (Planning Commission meeting of November 19, 2012) (Appealed by Bob Chapman /Crystal Savi Industrial Center Owners Association) RESOLUTION NO. 2013 -008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit No. 2008 -05348 and making certain findings in connection therewith (DEV2012- 00069). Director Sheri Vander Dussen reported the Planning Commission approved an amendment to a conditional use permit to expand the services and activities at Grace OC Church. The Commission's decision was appealed by representatives of the property owner's association of the industrial park where the church was located. She indicated in 2008, a conditional use permit was approved to allow a church at this location with fewer parking spaces than required by Code. Under the existing conditional use permit, the church was permitted to hold services on Sunday mornings and bible study on weeknights. The new proposal added additional services on Sundays, extended the study meetings on the weekdays, added music lessons on Tuesdays and Thursdays, and a live entertainment venue for youth on Friday and Saturday nights. Part of this approval, she explained, included a variance for the number of parking spaces for the church as there were not enough parking spaces on the church property, it was required to provide additional parking spaces through recorded parking agreements on adjacent or nearby properties. A parking study demonstrated there was a surplus of parking spaces available to accommodate the church activities as requested, since these neighboring properties had different hours of operation than the church. The original approval of Grace Church required the church to enter into agreements to provide required parking as long as the church operated at this site. The appellant maintained that the expanded church uses were not compatible with the surrounding industrial development and was also concerned that church activities in the evenings could create a safety hazard to pedestrians and vehicle traffic. Council Minutes of January 15, 2013 Page 21 of 23 Ms. Vander Dussen stated the Planning Commission determined the proposed church operations were compatible with the surrounding uses, provided the church complied with conditions of approval to ensure safety and security for the church and the other businesses in the industrial park. These conditions prohibited outdoor activities and specified all activities must end no later than midnight. A plan must also be submitted to the Police Department for review and approve identifying measures to ensure the safe assembly and movement of people and vehicles. The appellant also stated that the CC &Rs of the industrial center did not give individual property owners the authority to enter into private parking agreements with other properties; only the property owner's association had the authority to approve such agreements and the church and the property owner's association were currently in mediation to resolve this dispute. If the church was unable to secure off -site parking as a result of the mediation or other legal actions, the conditional use permit would not be valid and the church would not be able to operate. She pointed out the church representatives were aware of this possibility. On a related note, she indicated the appellant requested a continuance of this hearing to February 5 to allow time for additional mediation hearings; however, there was no guarantee that the parking issue would be resolved by this date. Ms. Vander Dussen remarked Council had the discretion to continue the hearing, or take action this evening. She added that because the expanded activities were proposed during off -peak hours in the evenings and weekends, the Planning Commission found that the church would be compatible with other office and industrial uses in the business park. The parking study also demonstrated that there was adequate parking for the new church services since the other businesses are closed. For those reasons, staff recommended Council uphold the Commission's decision Mayor Tait opened the public hearing, establishing guidelines and speaking limits. Bob Chapman, property owner and president of Crystal Savi Industrial Center Owner's Association, remarked the permit was granted based on the representation there was sufficient parking contingent on parking agreements the applicant stated were valid. Mediation was currently scheduled on January 23r and he requested council deny the permit or delay their decision until the pending litigation was resolved. He added the expanded uses was not the legitimate land use approved by the city and the developer and those new uses must meet criteria for additional traffic and safety study related to night club use. He urged council to deny the request or at least delay any approval until the pending mediations concerning the validity of the parking agreements was resolved. Mike Ellis stated he had worked at Crystal Savi Industrial Center for ten years and there were safety concerns regarding lighting for entering and exiting the property in the evening hours. He believed additional studies were needed as the expanded use had safety risks for a business development not designed for these uses. Greg McCafferty, Development Advisors, representing Grace OC Church, stated nothing had changed since 2008 when the Church was approved. The parking agreements furnished then were the same three properties which totaled 190 spaces. When the church was approved in 2008, there were 118 parking spaces required, and the 190 total spaces exceeded that requirement. The activities taking place were youth activities only. He added the church also requested the association allow additional lighting which was denied. He noted the land use matter had been decided in 2008 and a traffic study was not required as it did not meet the threshold to require a study. He added the church was exhausted emotionally and financially and had been harassed for the better part of the year. The businesses close to the church supported their activities and the businesses with issues, were those located the furthest away. Council Minutes of January 15, 2013 Page 22 of 23 The church pastor remarked their facility was a church to meet the needs of groups in the community, focused on character building in children, business conferences, and safe alternatives for kids and teens. He added this was a church that believed in improving lives and because music was used to create moments and opportunities for life change, that it had been characterized as a dry night club, which was not the case. Brian Jarrett worked in the industrial center for over 12 years, and felt the property site at nighttime was a safety issue without lighting. Robert Rainer remarked this was an issue regarding parking arrangements and a conditional use permit. He added there was very minimal traffic going through the center at 10 or 11 pm. LJ Vacker, 8075 Crystal owner, supported the church stating it was a perfect scenario with members attending on weekends and at night. He believed the church should be granted the permit. Richard Newland, corporate counsel for Crystal Savi property owners association ( CSICOA), remarked the buildings may be privately owned but everything else was common area and the common area was managed, operated and maintained by the CSICOA. The permit was based on invalid and /or rescinded agreements and the CSICOA was in the process of mediation and litigation if necessary. He added the safety of the community was of concern to all and the liability they could incur. Jerry Kavakian, business owner, spoke in support of the church. Mayor Tait closed the public hearing. He stated this issue was a private matter and the church deserved their answer this evening. As the City's business was land use, he moved to approve RESOLUTION NO. 2013 -008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit No. 2008 -05348 and making certain findings in connection therewith, seconded by Mayor Pro Tern Eastman. Each of the council members indicated they had met with representatives of the applicant, thoroughly studied the materials presented, and felt comfortable making a decision on this matter. Mayor Pro Tern Eastman added that the city had determined churches were appropriate in industrial zones, a perfect fit on nights and weekends, able to use all the parking available at that time. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray. Noes — 0. Motion Carried. Report on Closed Session Actions: None Council Communications: Council Member Kring highlighted the Martin Luther King Jr. holiday and recent passing of Kitty Preston. She also spoke about the Grand Plaza dedication on January 11 and asked Council to consider rescheduling the September 3, 2013 council meeting. Council Minutes of January 15, 2013 Page 23 of 23 Council Member Murray spoke about her attendance at the Grand Plaza dedication with its free concert for the community. She recognized the loss of Pat Connor and Kitty Preston. Council Member Brandman also spoke about the Grand Plaza dedication and thanked former Mayor Pringle and former Council Members Lorri Galloway, Harry Sidhu and Bob Hernandez for their work in making this expansion possible. He asked staff to return to council with a study session on partnerships with schools, providing translation services during council meetings, and to schedule employee performance evaluations for council appointees for the meeting of January 29. Adjournment: Mayor Tait adjourned the January 15, 2013 meeting in celebration of Martin Luther King, Jr. Day and in memory of Pat Connor and Kitty Preston. Linda N. Andal, CMC City Clerk