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2013/03/26ANAHEIM CITY COUNCIL REGULAR MEETING OF MARCH 26, 2013 The regular meeting of March 26, 2013 was called to order at 3:07 P.M. in the chambers of Anaheim City Hall located at 200 Anaheim Boulevard. The meeting notice, agenda and related materials were duly posted on March 22, 2013. Present: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, and Lucille Kring. Council Member Kris Murray joined the dais at 3:22 P.M. ANAHEIM OUTDOORS CONNECTIVITY PLAN WORKSHOP D150 Terry Lowe, Parks and Recreation Director, remarked the Anaheim Outdoor Connectivity plan was envisioned years ago to create a network connecting schools, parks, libraries and other key city facilities to the various neighborhoods in Anaheim. That concept evolved into a focus aimed at maximizing green space throughout the City by identifying a system of green corridors to connect residents, visitors and employees to both existing and planned high density areas. The plan would include projects that emphasized shade trees, pocket parks, open spaces, a river walk, multi -modal and non - motorized trails, and pathways. Demonstration gardens, wildlife corridors, bioswales and other storm water filtration and collection systems that would benefit Anaheim would also be considered. He reported the Anaheim Outdoor Connectivity plan was funded through a $250,000 grant from the State of California Urban Greening Planning Grant Program and $200,000 from Southern California Association of Governments (SCAG) under the Compass Blueprint Demonstration Program. In addition, the plan reflected input from a broad cross - section of community residents and stakeholders, neighborhood councils, homeowners associations, historic preservation organizations, equestrian and biking clubs and many others. He noted that a task force had been convened to oversee the development of the plan to insure it was comprehensive and reflected a coordinated approach to the issue of trail integration into a regional perspective with neighboring cities. Mr. Lowe introduced project managers Pamela Galera and Rick Barrett to update council on the details of this plan. Ms. Galera recognized the various city team members who were engaged in developing the Anaheim Outdoors Connectivity Plan. She indicated a blueprint for success had been identified looking for opportunities to connect people to people and places, and creating meaningful open space by building on existing plans, developer and stakeholder interests along with job creation and improving property values. Numerous meetings were held with the core team meeting weekly, the city team on a quarterly basis, monthly task force meetings, and meetings with stakeholders and community the were involved as well. All of these agencies, she pointed out, came to the table to help achieve the goals and the anaheimoutdoors.com website was launched to publicize upcoming meetings and have documents available for public review immediately. Rick Barrett indicated one of the first tasks undertaken was a study of existing and planned bike routes with over 200 miles of new bike routes for the city identified. One of the challenges established was to identify 100 acres of new parks and open space and working with the community and task force, this process now identified 130 acres of new parks. He pointed out the additional bike routes, when implemented, would offer opportunities to bike more and drive Council Minutes of March 26, 2013 Page 2 of 17 less, equivalent to 120,000 vehicle miles less traveled which would result in significant reductions in greenhouse gas emissions. He explained, the key policies of this plan would encourage non - motorized transportation by allowing businesses to provide bike racks and benches to promote biking and walking. Bicycle - friendly streets would be created by adding bike routes and amenities on streets whenever roadways were improved. Vacant public parcels provided an opportunity to add pocket parks, landscaping, habitat and recreation, and a stronger connection to nature would be created by adding trails, bike routes and habitat - friendly landscaping. He stated the urban forest could be expanded by providing additional street trees whenever streets were improved, and provide new trees in parks and public properties to offset existing trees. In addition, accessibility could be improved by providing new sidewalks, trails and new curb cuts throughout Anaheim to promote walkability and by encouraging community gardens, corner markets, and farmer's markets throughout Anaheim, fresh food access, and a healthy lifestyle would be promoted. Mr. Barrett added that when this plan began the initial goal was to connect schools and libraries to neighborhoods, but community input had voiced several concerns. To address those concerns, the goal was to build the community by providing opportunities for neighbors to get to know one another through community gardens and dog parks; to build upon community pride, interpretive and cultural features would be used. Connectivity would be improved by getting people out of their cars by creating bike and pedestrian networks regionally, and a river loop using the San Gabriel and Santa Ana Rivers had now been identified. The plan also included the creation of outdoor fitness uses by capitalizing on creating a river park and cultural plaza and transforming utility channels into active recreational land. Ms. Galera remarked the plan also included recommendations for sustainable landscapes by creating green streets and adopting a California landscape palate that would minimize water and be sustainable. It also addressed an opportunity to enhance the financial aspect of community investments and new parks, and open space presented opportunities for fund raising and cultural events. She noted safety was a real concern of the community and the plan included recommendations for safety with many members of the task force, such as Edison and the railroads, were involved in the plan and in the discussion for safety. Ms. Galera added the plan identified 18 opportunity sites for implementation and staff could immediately pursue funding for these priority projects. She highlighted five of the 18 opportunity sites. She noted utility easements represented an opportunity to connect the community and the entire Carbon Creek Channel provided an opportunity to connect schools, employment, parks and neighborhoods. Schweitzer Park had already been completed, and there was a utility road that could be converted to trails. Another example of working with utility agencies was Crescent Basin, a 12 -acre site used for water conservation purposes that could be used for open space trails and fitness areas. The Energy Field extension was another key link in the plan, with approximately five acres, located between the existing energy field and Walnut Street. The vacant land could be better used for improved drainage, sustainability and recreational purposes. The Cerritos Corridor greenbelt was a 14 acre site that presented many opportunities and advantages for trails and open space. It was situated in a low lying area of the city and could serve as storm drainage and offered many ops for working with railroad and working with SCE on better utilization of that utility corridor with the addition of trees and trails. Ms. Galera remarked the city had great success with the Anaheim Coves project by improving vacant land owned by the Orange County Water District and promoting health, improving Council Minutes of March 26, 2013 Page 3 of 17 connectivity, increasing recreation, and fostering a sustainable landscape - a project that added value to the community. She noted there were eight community goals and nine policy considerations that Council would consider next month. Council Member Kring was an advocate of dog parks and appreciated their inclusion in the plan. She added that a river walk that included JetJam power boats or similar water vehicles or sailboats would be a real draw for Anaheim, including outside dining and a method to attract neighboring Orange residents from across the river. Ms. Galera responded there were several potential bridges being considered over the river and one had been identified at the Honda Center, with owner Tim Ryan responding positively to that proposal. Mayor Tait concurred with Council Member Kring, and suggested a possible injection of groundwater from the Orange County Flood Control Department was worth pursuing to enhance river use. Council Member Murray concurred remarking a waterfront destination would also feed into the value and development of ARTIC as well. Mayor Pro Tem Eastman looked forward to collaborating on a vision statement for Anaheim's future and Council Member Brandman congratulated staff for offering a comprehensive proposal that was progressive and conservative in the best tradition of Anaheim. Mayor Tait remarked that in the interest of abundant caution, he would abstain from participation on Item No. 1 of the closed session. At 3:36 P.M., council recessed to closed session for the following items (Mayor Tait temporarily during discussion of Item No. 1 and returned to closed session for Item No. 2): CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Subdivision 54956.8 of the Government Code) Property: 2000 East Gene Autry Way, Anaheim, CA (Angels Stadium of Anaheim) Agency Negotiator: Tom Morton Negotiating Parties: Angels Baseball, LP, City of Anaheim Under Negotiation: Price and Terms of Lease 2. PUBLIC EMPLOYEE APPOINTMENT (California Government Code Section 54957(b)(1)) Title: City Attorney AT 5:04 P.M., Council returned from closed session to consider the following agenda items. Invocation: Pastor Nigel Morris, Vineyard Christian Fellowship Flag Salute: Council Member Lucille Kring Presentations: Recognizing the founders of the Art Crawl Experience On behalf of the founding committee of the Art Crawl, Carol Latham thanked the city for recognition of this effort and introduced the founding members. She remarked that together with art galleries, artists, Anaheim Arts Council, and the Cultural and Heritage Commission, the Art Crawl exposed the community to art in a variety of forms, through a progressive stroll through the downtown area, an experience to be enjoyed throughout the year. Council Minutes of March 26, 2013 Page 4 of 17 Acceptance of Other Recognitions (To be presented at a later date): Proclaiming March 31, 2013, as Cesar Chavez Day Mr. Mendoza remarked that Sacramento legislators recently recognized agribusiness as an industry and the labor intensive farm work sector that followed in the path of Cesar Chavez who promoted non - violence and responsible civic demonstrations. Mr. Mendoza accepted the proclamation on behalf of the United Farmworkers of America. Proclaiming April 8, 2013, as Holocaust Remembrance Day in Israel Council Member Brandman accepted this proclamation on behalf of the Jewish Community, telling of a personal family story that emphasized the need for remembrance of the Holocaust and tolerance for all people. Proclaiming April 9, 2013, as National Service Recognition Day Proclaiming April 7, 2013, as Walk for Kids Day A representative on behalf of Ronald McDonald House remarked this charity provided comfort, care and support to families of critically ill children throughout southern California and encouraged the community to participate on Walk for Kids Day on April 7 a fund - raiser for the McDonald House charity. Recognizing the Eli Home on their 30 Anniversary Recognizing the recipients of the Women's Division, Anaheim Chamber of Commerce, Educator Spotlight Awards Mariellen Sereno remarked it was the 50 anniversary year of the women's division of the Anaheim Chamber of Commerce, a philanthropic arm of the Chamber. She thanked the city for recognizing the recipients of the Educator Spotlight Awards, identifying seven teachers who stood out in their respective fields. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): Cecil Jordan Corcoran, Outreach Homeless Ministries, updated council on gang activities and homeless issues. James Robert Reade discussed specific Citron Street gang members and related events. William Fitzgerald, Anaheim Home, voiced his opinion of city council activities. Natalie Lawares, student of Adelaide Price Elementary School, remarked there should be a crossing guard appreciation day in Anaheim to recognize crossing guards who kept children safe regardless of weather conditions or other challenges. Olivia Moreno, elementary school student, offered ideas on how to demonstrate appreciation to crossing guards, recommending Anaheim not fall behind other cities that already recognize the value of crossing guards. Council Minutes of March 26, 2013 Page 5 of 17 An unidentified male remarked there was a potential for civil unrest once the Orange County District Attorney's office released their investigative reports regarding officer involved shootings. He urged the community to protect businesses and residents should such protest occur. Duane Roberts, resident, strongly objected to the Orange County Human Relations participating in the police oversight committee as he had proof that the non - profit organization contracted with the Police Department for services annually and that the membership dues were part of the Police Department budget as well. He believed the organization could not be trusted to be fair and impartial on police matters. Jeanette Lister, resident, stated she was employed by Aramark, and she along with co- workers expressed concerned for the continuation of their jobs as the Aramark lease expired and Anaheim Arena Management took over the food and beverage portion of the Honda Center business. She stated a third of the Honda Center workers lived in Anaheim, urging council to represent them as well. Jeff, resident and grill cook at Honda Center, remarked the loss of 500 jobs at the Honda Center would have an impact on local and federal taxes and urged the city to help retain these jobs. Lisa Peterson, resident, had worked for the Honda Center for 13 years, and expressed her concern over not knowing whether her job would continue as Arena Management took over Aramark's contract. Gigi Fusco Meese, Anaheim Performing Arts Foundation, urged the community to visit their website at www.apacf.org to find out about upcoming events, adding that the goal and focus of the Foundation was to build a new state -of- the -art performing arts venue. Michael Kehoe, referencing Item #30, indicated a letter had been submitted to staff regarding his client's concerns. In 1999, he explained, a developer worked with the city to address the Gene Autry way project and how it would impact the hotel site already in place. Part of that discussion was on the triangle parcel which was to become part of the hotel ownership upon completion of the Gene Autry Way project. In 2009, the city adopted a resolution of necessity and said that it would convey in fee, the triangle parcel and today, Mr. Kehoe remarked, staff proposed a resolution that encumbered the entire parcel with easements never identified earlier and his client had serious concerns over the changes that were proposed. He indicated there were no documents, no evidence in support of this finding and no details to explain how the $50,000 value was determined for the parcel. He did not want the city to adopt a resolution different from the one proposed in 1999 and felt the offer to convey the triangle parcel in fee should be as discussed in 1999. Ron Bengochea, resident, thanked all those who had worked at the Glover Stadium baseball field to prepare it for a tournament which hosted 32 teams. Referencing the police oversight committee, he believed such a committee would undermine the department and that the process in place for internal investigations was appropriate. Christopher Smith stated he and other Honda Center workers were seeking help from the city to retain their jobs at the Honda Center as the Aramark contract expired. Randall Swenson, resident, stated he and his wife Jane were the parents of Roscoe Cambridge who was shot and killed by Michael Bustamante in January of 2012, and the impact that event had on their lives. He believed the truth had never been exposed and the police officer should have called for help or chosen less lethal options than the action he took. Council Minutes of March 26, 2013 Page 6 of 17 Rene remarked the community did not agree with the findings of the Orange County District Attorney's office related to the officer - involved shootings in Anaheim. She believed the police oversight committee was used as damage control to distract the citizens from the real issue, the management and control of the police department. Michael Buss, Arts Council, announced the funding for organizations such as the Anaheim Arts Council, was through fund - raising efforts and encouraged the community to attend the April 4th Wine & Cheese Soiree, at the Anaheim White House in support of cultural and artistic activities of the community. German Santos, resident, stated he objected to Chief John Welter's response that Mr. Santos was not a subject of investigation by the Anaheim Police Department. He stated three generations of the Anaheim PD and several other law enforcement agencies had caused him irreparable harm and he would continue to inform people of the wrongs he suffered. Monica Young, Honda center worker, urged the city to encourage Anaheim Arena Management to meet with the food and beverage service unions to discuss their future at the Honda Center. Juanita Rosales, Honda Center cook, asked that the city help the food and beverage workers retain their jobs. Beatrice, Unite Here, Local 11, stated over 5,000 workers in Anaheim were represented by Local 11, 400 plus in the Honda Center. She urged the city to not only represent the resort district businesses but to represent the working residents as well. An unidentified male spoke on behalf of local business owners and residents near La Palma Park. With up to 70 homeless and transients pitching tents and sleeping in the park each night, residents were significantly impacted and business customers were staying away. He emphasized the community surrounding La Palma Park was pleading for a permanent solution to this problem. Nicholas Ferrara, resident near La Palma Park for over 20 years, remarked the homeless had taken over this local community park, impacting residents, businesses and property values as well. An unidentified lady emphasized it was time for the city to do something about the homeless problem and build needed shelters rather than hotels. Tina Quintina spoke in support of Honda Center service workers asking council to intervene on their behalf. Alexandra Lopez addressed the specifics of her brother's death, calling for Chief Welter's resignation and remarking the community would unite to put a stop to police involved fatalities. Sonia Hernandez remarked it was her brother's birthday and she, along with the community wanted justice. An unidentified speaker read quotes from recent appointees to the citizen's advisory committee on elections, announcing it appeared these individuals had already made up their mind on redistricting and that the system was rigged. Council Minutes of March 26, 2013 Page 7 of 17 Alexandra Ariza, Supporters of Anaheim Police, remarked the police were here to protect and serve the people of Anaheim and that citizens were not stopped for no cause. Dr. Wayne Palmer, resident, addressed numerous quality of life issues on Lincoln Avenue and submitted a packet of information to Council. Jose Vargas spoke in support of a police advisory commission. Joanne Sosa discussed the need for a police oversight committee, remarking the community would not be satisfied until justice was received and transparency present in the Police Department. CONSENT CALENDAR: At 6:38 P.M., the consent calendar was considered. Council Member Murray requested Item No. 4 be removed from the consent calendar for further discussion, Council Member Kring pulled Item No. 30, Mayor Pro Tem Eastman removed Item No. 5 and Mayor Tait pulled Item Nos. 20 and 33. Council Member Brandman then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, seconded by Council Member Kring. Mayor Tait remarked he would abstain on Item No. 4 as his firm had worked with Lennar Communities, Item No. 13 as his firm had worked with the County of Orange, Item No. 21 as his firm had worked with OCTA and SCE and Item 22 as his firm had worked with AT &T. 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 Public Utilities Board meeting of January 23, 2013, B105 Community Services Board meeting of October 11, 2012, Cultural and Heritage Commission of November 15, 2012 and Library Board meeting of February 11, 2013. D117 2 . Approve the Investment Portfolio Report for February 2013. D114 3. Reschedule the regularly scheduled Council, Housing Authority, and Public Financing Authority meetings of May 7, 2013 to May 14, 2013. 6. Authorize the Purchasing Agent to increase the amounts of the current master D180 agreements with Trillium USA and Clean Energy, in the total amount of $100,000, to maintain a continuous supply of compressed natural gas for the City's fleet vehicles. 7. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing D180 Agent to issue a purchase order to TargetSafety.com, Inc., in the amount of $75,000 per year, for Target Solutions online training programs for the Anaheim Fire and Human Resources Departments. 8. Accept the lowest responsive bids of American Asphalt South, Inc., and TLG Paving D180 Company, Inc., in a combined amount not to exceed $1,845,660, for the as- needed slurry and crack sealing services, 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 #7810. 9. Award the contract to the lowest responsible bidder, IBN Construction, Inc., in the AGR -7525 amount of $295,000, for the Schweitzer Park Restroom Remodel project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Council Minutes of March 26, 2013 Page 8 of 17 10. Award the contract to the lowest responsible bidder, Steiny and Company, Inc., in the AGR -6320 amount of $452,338, for the Ball Road Highway Safety Improvement Program /Project from Brookhurst Street to Knott Avenue and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 11. Approve Contract Change Order No. 1, in the amount of $371,521.76, in favor of USS AGR - 5762.11.0.2 Cal Builders, Inc. for the Water Recycling Demonstration project. 12. Approve an Agreement for Acquisition of Real Property (Public Utility Easement and Temporary Construction Easement), in the payment amount of $93,711, with AGR -7527 McDonald's Corporation and an Agreement for Acquisition of Real Property (Temporary AGR- 7527.1 Construction Easement), in the payment amount of $9,079, with McDonald's Corporation and A &R Management and Development Co. for the property located at 1810 South State College Boulevard /2020 East Katella Avenue for the Katella Avenue Improvement 1A Project (State College Boulevard To Lewis Street; RM ACQ2011- 00413). 13. Approve the Cooperative Agreement with the County of Orange for funding and AGR -7528 construction of Lincoln Avenue from Rio Vista Street to Riverbend Parkway project. Mayor Tait recorded an abstention on this item as his firm had worked with the County of Orange. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. 14. Waive Council Policy 4.0 and approve an agreement with Avalanche 3D Entertainment LLC, in the amount of $50,000, for professional video services for the Anaheim Regional AGR -7529 Transportation Intermodal Center. 15. Approve an agreement with AODI, Inc., dba Ontes Creative, in an amount not to exceed $40,000 annually, to design graphic communication elements for a term of five years AGR- 2996.D and authorize the City Manager, or his designee, to execute any related documents to administer the agreement. 16. Approve an agreement with Anaheim Family YMCA, a non - profit corporation, and YMCA of Orange, a non - profit corporation, to utilize Canyon High School pool to conduct public AGR - 6724.6 swim lessons for the residents of Anaheim on behalf of the City. 17. Approve and authorize the City Manager to execute an agreement, and all related documents, with Paul Maurer, dba Paul Maurer Shows, for the Cinco de Mayo Fiesta AGR - 4525.8 carnival operations at La Palma Park (May 2 -5, 2013). 18. Approve and authorize the City Manager to execute the Second Amendment to Professional Services Agreement with Leighton and Associates, Inc., to extend the AGR- 3481.A.2 agreement for an additional three years and increase the maximum compensation from $250,000 to $500,000, for on -call environmental assessment and remediation services. 19. Approve and authorize the City Manager to execute the First Amendment to AGR - 7288.1 Professional Services Agreement with Comprehensive Housing Services, Inc., to extend the agreement for an additional two years and increase the maximum compensation from $75,000 to $250,000, for on -call labor compliance services. 21. Approve and authorize the Public Utilities General Manager to execute and to take the AGR -7530 necessary actions to implement and administer the License Agreement, and related Council Minutes of March 26, 2013 Page 9 of 17 documents, with BNSF Railway Company for the installation of underground electric utility infrastructure for the Tustin Avenue /Rose Drive railroad grade separation project. Mayor Tait recorded an abstention on this item as his firm had worked with OCTA and SCE. Roll Call Vote: Ayes — 4 (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. 22. Approve a Joint Trench Master Agreement with Pacific Bell Telephone Company, dba AT &T California, to facilitate joint trench construction and cost for Public Utilities D182 Department construction projects within the City and authorize the Public Utilities General Manager, to execute agreements, together with any revisions that the City Attorney determines to be de minimis, and take the necessary actions to implement and administer the agreements. Mayor Tait recorded an abstention on this item as his firm had worked with AT &T. Roll Call Vote: Ayes — 4 (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. 23. Authorize and adopt an amended Renewable Portfolio Standard Policy (RPS Policy) for the City to include a cost limitations provision and an update to the renewable energy resources plan, and authorize and direct the Public Utilities General Manager, or her D182 designee, to prepare, execute, and submit any and all related documents as are necessary or advisable to implement the RPS Policy, as amended, consistent with the mandates of state law. 24. RESOLUTION NO. 2013 -042 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM authorizing the destruction of certain city records more than two years old (Public Works). 25. RESOLUTION NO. 2013 -043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing Permit - Eligible Parking District No. 23 ( "Walnut D175 Canyon Reservoir") and designating Flicker Court and Thrasher Way north of Laketop Drive as "Permit Parking Only" streets. 26. RESOLUTION NO. 2013 -044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim P124 certain real properties or interests therein (City Deed Nos. 11542, 11543, 11544, 11545). 27. RESOLUTION NO. 2013 -045 A RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11546 and11547). 28. RESOLUTION NO. 2013 -046 A RESOLUTION OF THE CITY COUNCIL OF Pilo THE CITY OF ANAHEIM vacating an access easement located over property generally known as 801 South Bluebird Circle, pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (Abandonment No. ABA2012- 00249). RESOLUTION NO. 2013 -047 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. 11549 and 11550). Council Minutes of March 26, 2013 Page 10 of 17 29. RESOLUTION NO. 2013 -048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the sale of certain city owned property located at P109 508 East Vermont Avenue (APN 234 - 121 -07) (ABA 2010 - 00188). 31. RESOLUTION NO. 2013 -050 A RESOLUTION OF THE CITY COUNCIL OF P178 THE CITY OF ANAHEIM accepting irrevocable offers of dedication of certain real property and /or facilities. 32. RESOLUTION NO. 2013 -051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Community Services Director, or his designee, D150 to submit a cost sharing grant application for funding from the Urban Forestry Grant Program entitled, "An Urban Forest For Every City," 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 and rescinding Resolution 2013 -005. 34. ORDINANCE NO. 6273 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2012 - 00251; DEV2012- C280 00143; 1256, 1266, 1272, 1280 -90 East Lincoln Avenue and 113, 115 and 117 South Fahrion Place) (Introduced at the Council meeting of March 5, 2013, Item No. 14). 35. Approve minutes of the Council meetings of February 19, 2013, March 5, 2013 and D114 March 20, 2013. END OF CONSENT CALENDAR: 4. Determine, on the basis of the evidence submitted by Lennar Platinum Triangle Partners, LLC, that the property owner has complied in good faith with the terms and AGR -3750 conditions of Development Agreement No. 2005 -00008 for the 2012 review period for the development of the A -Town Metro project in the Platinum Triangle. At 6:42 P.M., Mayor Tait indicated he would record an abstention on this item as his firm had recently worked with Lennar Partners, and left the dais. Mayor Pro Tern Eastman requested a brief staff report on this item. Sheri Vander Dussen, Planning Director, announced in 2005 a development agreement was executed between the City and Lennar for the development of the A -Town Metro project. The 48 acre site was located southwest of the intersection of Katella and State College, included 2,681 residential units and nearly 230,000 square feet of commercial space. In the agreement, council was required to determine annually whether the property owner complied in good faith with the terms and conditions of the agreement, those conditions requiring the completion of 700 dwelling units, on site roadways and a' /z acre community park by 2015. She added Lennar was ahead of schedule as all buildings on the property were demolished and on -site infrastructure improvements including streets had been installed. Additionally, she pointed out, representatives from Lennar indicated their intent to move forward with development of this key site in the Platinum Triangle and staff anticipated receiving revised plans for the project in the near future, to be reviewed by the Planning Commission and ultimately by City Council. Council Member Murray appreciated an overview of this project as many residents and business owners had inquired about its status and she was pleased to see it back on track as Council Minutes of March 26, 2013 Page 11 of 17 economic conditions improved and moved to approve the item, seconded by Council Member Kring. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. Mayor Tait returned to the dais at 6:44 P.M. 5. Accept the 2012 Annual Housing Element Progress Report and direct staff to submit the D159 report to the Governor's Office of Planning and Research and the California Department of Housing and Community Development. Council Member Eastman asked for a brief update on the Housing Element process, appropriate in light of the recent appointments made to the Ad Hoc Housing Element Committee. Sheri Vander Dussen, Planning Director, explained the Housing Element was a required element of the city's General Plan. The 2006 -2014 Housing Element had been adopted by council and certified by the California Department of Housing and Community Development in 2009 with state planning laws mandating a status report to be filed by April 1" of each year. The report was to include progress the city made in meeting Regional Housing Needs Allocation (RHNA) as well as the goals and objectives outlined in the Housing Element Implementation Program for Year 2012. She indicated RHNA was 9,498 dwelling units for that planning period, although the City was not required to build that many units but was required to demonstrate there was enough land available to accommodate that many units in the planning period. She stated all of the sites designated to comply with RHNA had a general plan designation for residential development and staff was working on a code amendment that would apply a residential overlay to these properties and the Planning Commission and City Council should be reviewing those zone changes this summer. The Housing Element also included a quantified objective (i.e., the number of housing units the city determined would be reasonable to be produced during this planning period). She indicated staff was allowed to take factors into consideration such as available funding, infrastructure and the current economic conditions, stating that the city's quantified objective for this planning period was 4,868 units. To date, she remarked, the city issued 4,134 permits for units and was well on the way to meeting that goal. This was possible, she explained, even though the city's ability to continue to support the production of affordable housing was severely limited due to the loss of the Redevelopment Agency resulting in the loss of about $15 million annually in tax increment financing. The Housing Element also included a housing policy program for the 2006 -2014 planning period and progress had been made there as well. Construction began on the Cherry Orchard apartments, construction and sales for Phase II I Colony Park were under way and she anticipated commencement of Phase IV of Colony Park which would include both market rate and affordable owner - occupied housing units in the downtown area. Despite the recent funding reductions from the elimination of the Redevelopment Agency, she pointed out the City continued to make significant progress toward implementing the goals and policies in the Housing Element which demonstrated a long -term commitment to insuring the housing needs of the community were recognized and effectively addressed. She noted staff looked forward to working with the ad hoc committee on the revised Housing Element for the next planning period, and still expected to be able to meet expectations of the state even without redevelopment agency funds. Council Minutes of March 26, 2013 Page 12 of 17 Mayor Pro Tern Eastman was proud of the fact the City was trying to fulfill their goals identified in the 2009 Housing Element document even without agency funding and moved to approve Item No. 5, seconded by Council Member Brandman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 20. Approve and authorize the Public Utilities General Manager to execute and take the necessary actions to implement and administer the First Amendment to Agreement, and AGR- 5762.111.1 related documents, with Dudek, increasing the total compensation amount from $790,900 to $982,984, for construction management services for the Water Recycling Demonstration project. Mayor Tait asked for more details on this proposed 20 percent increase in budget and why it was needed. Marcie Edwards, Public Utilities General Manager, reported there were two related items on this agenda; one was an extension to the water recycling construction agreement itself, and Item 20, the construction management portion of that contract. The reason for the extension for both items, she explained, were the same; there was roughly a 9 -10 month extension caused by unforeseen conditions once boring began. She added that regardless of reviewing the maps and performing analyses, abandoned telecommunication vaults had been found which extended the project time substantially. The other aspect, Ms. Edwards remarked, had to do with permitting of the system. This water recycling system was fairly unique and was not permitted up front, but would be permitted after the fact, once it was up and running and collection of data occurred. The permitting process took longer than expected and the construction management contract had to be extended for a brief period of time. Ms. Edwards indicated construction would be completed in April and the facility should be fully on line, permitted, and operating by June. Ms. Edwards added that for purposes of comparison, the industry standard for construction management was typically between 10 -12 percent of a project and that even with this increase; the Department was still at approximately 11 percent. Mayor Tait then moved to approve Item No. 20, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes - 0. Motion Carried. 30. RESOLUTION NO. 2013 -049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving conveyance of city -owned property located at 1929 P124 through 1937 South Manchester Avenue. Council Member Kring requested a staff report since an earlier public speaker addressed his comments to this issue. Natalie Meeks, Public Works Director, reported this action would transfer property, i.e., remnant parcels from full property acquisitions necessary for the Gene Autry Way project, and transfer them to the adjacent hotel property (where the city required a partial take of some parking area). With this transfer of property, the lost parking would be restored on their site in an effort to mitigate any damages (all of which was part of the current litigation process involving the city and the hotel owner). Council Member Kring remarked other issues had been addressed during public comments relating to this item and requested staff respond to those comments. Dave Cosgrove, Rutan & Council Minutes of March 26, 2013 Page 13 of 17 Tucker, remarked a letter commenting on Item No. 30 had been received by his office today; however, there was nothing in the letter that dissuaded city staff from recommending Council go forward with this resolution of conveyance. To address Mr. Kehoe's earlier comments, he believed the hotel owners were making a legally incorrect characterization with respect to the original approvals that permitted the hotel to be built in 1999. There were discussions regarding some adjacent properties at that time by certain representatives of the city that amounted to an invitation to the owners to engage in an agreement, however, he pointed out, that agreement never came to fruition and similar circumstances existed today when the city invited the hotel owners during the design of this project and parking mitigation and the owners refused to engage staff at that point. He added the owner was now attempting to argue that the passage of the original conditional use permit imbued certain vested rights not found in the conditional use permit and staff had previously testified in deposition that they did not think those vested rights were there. Regarding the 2009 resolution of necessity, Mr. Cosgrove stated there was nothing inconsistent with what was being recommended by staff. The resolution was proposing to convey the property in fee, the resolution never said it would be an unencumbered fee, and was proposing to have certain easements consistent with other easements on the adjacent property as specified in the resolution of necessity. He noted the department was in a quasi - legislative mode and he believed all the findings that were needed in terms of the thresholds and the findings called for under the city charter to allow the city to fulfill the promise made in connection with the resolution of necessity and implement a parking mitigation plan as part of the project, were made. Mike Kehoe, speaking on behalf of hotel ownership, remarked there were entitlements the Planning Commission gave to the hotel development in 1999 that addressed the resort standards, the standards that would apply to the hotel property when the Gene Autry Way project was completed. There were also depositions taken of staff and in those depositions, Senior Planner Ted White indicated that the discussions in 1999 regarding a solution, was the same project as existed today. With regard to the statement that the remnant was worth over $50,000, Mr. Kehoe emphasized there was no evidence to support that figure and whether it was quasi - legislative or not or had to do with standard review in court, there should be some evidence on which decisions were based. Referencing the 2009 resolution of necessity, Mr. Kehoe stated, the resolution before council on this date was inconsistent with the resolution adopted in 2009, and none of the easements staff was proposing to encumber on the triangle parcel and authorize conveyance was not a part of the 2009 resolution. Council Member Kring remarked she and Mayor Tait had served on the City Council in 1999 and she was also present in 2009, asking what solution Mr. Kehoe would be satisfied with to move this project forward. Mr. Kehoe remarked if the city was going to convey this property, it should be consistent with the entitlements applied in 1999 and should not be conveyance that was encumbered with a 40 foot wide easement and with other easements when that was not part of the discussion in 1999 and not included in the 2009 resolution. Mayor Tait asked if it was implicitly stated the remnant parcel would be an unencumbered piece of property with no easements. Mr. Kehoe responded the staff report addressed interim and ultimate conditions for the 1999 conditional use permit for the hotel. The ultimate condition was the condition of the property dealing with the Gene Autry Way construction and as part of that agreement staff wanted the hotel developer to show how parking would be provided on site consistent with the setbacks and the standards applied to the rest of the hotel property. The parking study showed an on -site subterranean structure and surface parking on top as the hotel was required to comply with resort zone standards. The city was now saying it would not comply with the Council Minutes of March 26, 2013 Page 14 of 17 standards that were applied to the 1999 conditional use permit and the only way they were able to park on the property without a structure, was to do away with the entitlement standards that were applied to the hotel development. He added that was significant as 75 units per acre density allowed for 407 rooms and if the allowed density had been used to develop the hotel, it would have had an additional 40 rooms and generated much more income for the hotel and transient occupancy tax. The reason the developer could not do more was due to setbacks and standards that were required for the property. Mr. Kehoe emphasized staff was applying a different standard (a two foot setback) which was materially different from what his clients got when they invested over $40 million to develop hotel property. He added, developers invested based on the entitlements received in 1999 and the fundamental problem was that those entitlements were now being changed. There should be an offer of conveyance without encumbrances and there should be proposed terms of what the conveyance means. If his client accepted property, did they waive rights to damages, or rights to compensation from another city property? He asked the proposed resolution not be adopted that encumbered the property with easements not mentioned in the prior resolutions and that the terms be consistent with entitlements of the property. Mr. Cosgrove responded by stating the proposed mitigation left the hotel property with a net positive in terms of the number of parking spaces and that it was a false premise that the city was going against an earlier conditional use permit and somehow violating some implicit or implied condition on the conditional use permit. He added what was measured here and what was ultimately measured was an eminent domain action and what was the damage to the property because of that action. The property owner was invited on three separate occasions to discuss the alignment and how they wanted the property configured and in each instance, no response had been received. The City then configured the mitigation plan for city -owned property devoted to the same type of surface parking on site and he believed there was a net positive in terms of parking space for the hotel. Mr. Cosgrove further stated he did not believe what was being proposed to council was in any way inconsistent with those prior entitlements and did not believe it was inconsistent with the resolution of necessity. Regarding the $50,000 threshold figure, that number was based on staff's experience in acquiring a number of other properties, looking at $2 per square foot value for this kind of property. He added it was safe to assume this property would be worth more than $2 a square foot and even if it was not, that was a threshold requirement for the findings staff was asking council to make. If the property was more than $50,000, then the findings were appropriate; if not, then those findings were not necessary and there was no problem. Mayor Tait invited any other member of the public to speak on this item. With no comments offered, the comment portion of this item was closed. Director Natalie Meeks added the city recently sold properties in less expensive areas of the city, i.e., 6,000 square feet for well over $100,000, and this parcel was much larger and in a generally higher priced area, so it was a professional staff judgment that this triangle was worth more than $50,000. Council Member Kring then moved to approve RESOLUTION NO. 2013 -049 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving conveyance of city -owned property located at 1929 through 1937 South Manchester Avenue, seconded by Mayor Pro Tern Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. Council Minutes of March 26, 2013 Page 15 of 17 33. RESOLUTION NO. 2013 -052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the City Attorney to waive outside law firm's D112 professional /ethical conflicts and execute conflict waiver requests. B105 Mayor Tait requested an explanation of this item. Michael Houston, Interim City Attorney, stated when an attorney represented a client and another client or former client may be adverse or potentially adverse to the first client in a matter whether it be transactional or litigation, California rules of professional responsibility required that the attorneys seek an informed written consent of both of those parties in order to engage in representation. Historically, Anaheim with the amount and breadth of legal services it provided, used outside counsel who occasionally came to the city requesting that they waive that conflict. Mr. Houston's understanding was that when Mr. White was the city attorney over a decade ago; council was approving each and every one of those conflict waiver requests and was instructed by council to effectively waive those conflicts on behalf of the city as the city attorney. That practice, he explained was never memorialized in a written resolution and his request was that this practice continue through a formalization of that process by adopting a resolution that would authorize the city attorney to waive those conflicts. As a side note, Mr. Houston stated he was a contract city attorney on behalf of his law firm and in the unlikely event his law firm needed a conflict waive, he would recuse himself from any consideration and refer the matter to staff. Mayor Tait moved to approve RESOLUTION NO. 2013 -052 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the City Attorney to waive outside law firm's professional /ethical conflicts and execute conflict waiver requests, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 36. Appoint a representative to the Cultural and Heritage Commission, to complete an unexpired term ending June 30, 2015, and the Library Board, term due to expire June 30, 2013. Cultural and Heritage Commission Appointment: Jimmie Romero (June 30, 2015) (unscheduled vacancy of Al (Alkamalee) Jabbar) Council Member Brandman nominated Jimmie Romero to the Cultural and Heritage Commission, seconded by Mayor Pro Tern Eastman. No other names were offered and Mr. Romero was unanimously appointed to the position. Library Board Appointment: Stan Oftelie (June 30, 2013) (unscheduled vacancy of Robert Baeza) Mayor Pro Tem Eastman nominated Stan Oftelie to the Library Board remarking that while she had been contacted by two former members of the library board who were interested in participating on the Library Board, Mr. Oftelie was a resident and an author, and expressed interest in this commission only, and Mayor Pro Tern Eastman believed he might be the ideal appointee to this commission. Council Member Murray nominated Susan Faessel for consideration as well. Council Member Brandman stated he had requested Mrs. Faessel apply for the Library Board as her experience on the board was pivotal in rebuilding further library services. He hoped to include Stan Oftelie for the next opening on the board. A straw vote for Mr. Oftelie reflected Ayes — 3; (Chairman Tait and Council Members Eastman and Kring. Council Minutes of March 26, 2013 Page 16 of 17 Abstentions — 2: Council Members Brandman and Murray). By affirmation, Council Members Murray and Brandman changed their vote to Aye and Mr. Oftelie was unanimously appointed to the Library Board. Report on Closed Session Actions: None Council Communications: Mayor Pro Tern Eastman reported on her attendance in Sacramento with local and state representatives to discuss transportation issues and disclosed her expenses. She also spoke of the ACCESS para- transit service contract and the Metrolink Angels Express train to Angel Stadium. She noted the Renew West Anaheim community meeting had been formed to address crime and safety issues along Beach Boulevard and her attendance at the grand opening of Alta -Med providing various types of health care for anyone in need. Council Member Kring spoke about her attendance at the grand opening of Alta -Med and highlighted the work of Grandma's House of Hope, encouraging residents to donate gently used furniture towards that effort. She spoke of her attendance at Senator Sharon Quirk - Silva's Women of Distinction recognition ceremony with Esther Wallace receiving the 2013 Woman of the Year award, announced the Good Friday breakfast on March 29 put on by the YMCA and wished everyone a Happy Passover and Happy Easter. Council Member Murray spoke of the City's Youth Service Assessment report and the results of that report prepared in cooperation with schools, non - profits, faith -based organizations and parents. She presented the 2013 Home Improvement Program to encourage property owners to make investments in their properties similar to the effort launched in 2003 and requested it be considered as part of the next budget cycle. She wished everyone a Happy Passover and Happy Easter. Council Member Brandman discussed the City's Annual Recognition Luncheon and thanked Council for their support in providing full translation services for City Council meetings, which began at tonight's meeting. He clarified his request from the Council meeting of March 5 and requested staff prepare a resolution for Council consideration modeled along the lines of AFUCIO resolution of supporting a road map for citizenship for aspiring Americans and the recently adopted Orange County Business Council's federal immigration policy and ask that this matter be agendized on April 16 regarding immigration reform. Mayor Tait spoke of his attendance to the Palacio Senior Apartment 20 Anniversary and his meeting with business owners on Beach Boulevard who were enthusiastic about the Renew West Anaheim effort. He announced the launch of the Anaheim Volunteer Match site and shared acts of kindness from students of Schweitzer Elementary School. He also shared that he would be attending a conference in Chicago to speak to the civic federation and the Chicago Federal Reserve Bank about economic development and specifically what Anaheim was doing on Regulatory Relief. Council Minutes of March 26, 2013 Page 17 of 17 Adjournment: At 7:46 P.M., with no other business to consider, Mayor Tait adjourned the March 26, 2013 city council meeting. Re fully submitted, Linda N. Andal, CIVIC City Clerk