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2013/12/17ANAHEIM CITY COUNCIL REGULAR MEETING OF DECEMBER 17, 2013 The regular meeting of December 17, 2013 was called to order at 3:07 P.M. in the chambers of Anaheim City Hall. The meeting notice, agenda and related materials were duly posted on December 13, 2013. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille Kring and Kris Murray STAFF PRESENT: City Manager Marcie Edwards, City Attorney Michael Houston and City Clerk Linda Andal WORKSHOP — SHORT -TERM RENTAL HOUSING Greg Garcia, Deputy City Manager, reported this workshop would address staff's research on short term or vacation rentals in Anaheim. The question of taxation or transient occupancy tax (TOT) would not be addressed at this time, he explained, as it required voter approval involving a lengthy process should Council wish to consider that component and staff planned to provide additional analysis on this topic before returning to the Council with details. Short term rentals referred to residential properties that allowed temporary occupancy for a time period ranging between three to 30 days and were often booked through on -line listing services such as VRBO.com, HomeAway.com, or booking.com, as well as by word of mouth through individual websites designed by property owners. He indicated a web search revealed a number of options for short term rentals in Anaheim and appeared to be gaining popularity with families with multiple children who used this option as an affordable alternative to booking multiple hotel rooms on vacations. Web sites such as TripAdvisor.com were also available which searched for vacation rentals by identifying specific dates and specific vacation locations. Mr. Garcia indicated staff also researched how other cities handled short-term rentals, looking for the best practices available and how cities similar to Anaheim in terms of tourism addressed those business ventures. As part of that research, staff also met with members of the Anaheim Rental Alliance, a community group representing the interests of short-term rental owners. Currently, he reported, there was no program in place in the city of Anaheim to regulate short- term rentals; i.e., no permit process and no business license required. Consequently, when these businesses called and inquired what the process was to operate short-term rentals in the community, no regulatory information could be offered. Many cities, he pointed out, enacted regulatory programs that could include any combination of the following elements: a mandatory registration process, a short-term rental permit, a business license registration fee, and posting of a short-term rental permit and business license in each property run as a vacation rental. Other elements included publication of the regulations, a mandated emergency contact so that cities could reach the property manager immediately if an issue arose, the creation of best practices literature, restrictions related to occupancy, length of stay, noise, trash and parking, the requirement to provide written notification to neighbors that they were operating this business, and the fact that most cities charged TOT as well. Cities involved in this preliminary analysis were Encinitas, La Quints, Newport Beach, Palm Springs, San Francisco, Santa Cruz, Seal Beach and Solana Beach. Other cities outside of California were surveyed as well and included Austin, Texas, Chicago, Illinois, Miami Beach, Florida and Orlando, Florida. City Council Minutes of December 17, 2013 Page 2 of 16 Today, Mr. Garcia stated, there were more than 200 short -term rentals operating in Anaheim, with most were located within 1.5 miles of the Resort area. They ranged in price from $79 per night up to $725 per night with some being small family homes and others containing seven to eight bedrooms. To answer the question as to why the city should consider regulating these rentals, he emphasized it was important to know who was out there and how they were operating in order to handle any issues that came up and to effectively address complaints the received by the city. Mr. Garcia suggested a good program could discourage objectionable behavior and protect the owners as well as the neighborhoods. He explained, the goals for regulating short-term rentals was to identify the number of short- term rentals in the City, verify that properties met basic health and safety standards, encourage neighborly conduct of short-term guests in residential neighborhoods, limit undesirable activities and to legitimize this operation as a viable lodging option for visitors. With that in mind, he offered the following recommendations for the establishment of a regulatory program: • a mandatory registration for each property with a $250 registration fee to cover the cost to monitor and inspect the site; • issuance of a rental ID number to be included in any advertisements so staff could ensure all rentals were included; • the provision of an emergency contact to respond to issues at all times and in an expedient manner; • a city webpage containing all short-term rental information and necessary registration forms; • a Good Neighbor brochure designed for distribution to all vacation rental owners and guests; • use of the existing 311 /Anaheim Anytime /enforcement to receive calls from the community regarding the rentals; • a minimum stay of three consecutive nights; • mandatory placement of the short-term rental registration in a conspicuous place on the rental sites; • maximum occupancy of four persons per bedroom; and • trash /refuse restrictions as well as noise limitations between 10 P.M. and 7 A.M. Mr. Garcia enlarged upon some of the goals listed above. Using existing 24 hour telephone lines and other means would enable residents and short -term rental operators to connect to the city whether it was for complaints, information, or other questions. The Good Neighbor brochure would be designed and distributed to all short -term rentals so that upon entering a property in Anaheim, the brochure would outline the good neighbor policies and what the expectations of the guests and the owners would be. A minimum stay of three consecutive nights was used to limit those groups who might have plans to rent a large home for one night and cause problems in a neighborhood. The mandatory placement of the registration in a conspicuous place on the site would verify the permit number and make it official. Related to the maximum occupancy number of four persons per bedroom, Mr. Garcia remarked, it should cut down on the larger homes that would advertise for space for up to 40 people in the home. Lastly he noted, there would be specific enforcement provisions for violating terms of the regulatory permit program; i.e. civil citations, criminal charges, and inspection fees depending on the types and reoccurrence of violations. He added this was not intended to be a symbolic City Council Minutes of December 17, 2013 Page 3 of 16 program and would mirror the existing code enforcement procedures that would allow the short- term rental program to be adopted seamlessly into Anaheim's existing regulatory efforts. He provided a chart comparing enforcement costs with other similar cities, showing that Anaheim's $250 registration fee fell within acceptable limits as did its occupancy limits and noise restrictions. He added that most cities collected transient occupancy tax and staff would follow -up this workshop with additional information for Council's review. Mr. Garcia remarked that staff had also met with stakeholders in the community and would continue that good relationship for feedback as the program was developed. The next step, after receiving input from council, would be to return with an ordinance in early 2014. Mayor Tait opened the workshop for public comments. Adam Wall, Anaheim Rental Alliance, announced that he was a member of a group of over 50 local owners of vacation rental properties who felt that rentals offered value to the city in attracting tourists who might otherwise not visit. He stated the draft program was fair in protecting members of the community and giving staff the ability to handle an incident immediately, if necessary, and it also recognized that vacation rentals were run well by people who lived nearby and took their community seriously. Cecil Corcoran, Outreach Homeless Ministries, offered personal comments unrelated to the subject matter. Julie Burnett, resident, opposed short -term rentals, remarking her neighborhood homes were built for Disney workers in 1966, adding the area was zoned for residential not commercial and she preferred a relationship with long -term neighbors, not short-term renters. An unidentified individual from the Anaheim Rental Alliance stated that as an association they were doing everything possible to maintain their properties and to follow every ordinance and rule of the city. She concurred that keeping a three day minimum stay would mitigate the issue of renting a house for one day of potential partying. Gail Anderson, resident/realtor, remarked she had sold three properties that the owners were planning on using as vacation rentals, remarking that each of these owners were looking forward to having this business and earning extra money. She added that she lived close to a fully- operating short term rental and had no problem with the operation and her son was considering turning a long -term rental into a short-term site and would work with the city to accomplish that. She appreciated the Rental Alliance group and looked forward to becoming an integral part of the ongoing process. Robert Burnett, resident, remarked he had a short-term rental across the street, next to him and behind him. He felt there should be some policy in place to make sure those rentals were spaced so that not every home was rented out in any one neighborhood. Mayor Pro Eastman disclosed she had two short-term rentals in her neighborhood asking if there was a potential conflict of interest with her discussing this issue. Mr. Houston, City Attorney, recommended that in an abundance of caution, she not participate in the discussion. At 3:42 P.M., Mayor Pro Tern left the dais. Council Member Kring appreciated staff updating council on this subject and commented the recommendations were a good starting point towards developing a program. Council Member City Council Minutes of December 17, 2013 Page 4 of 16 Murray thanked the residents for bringing their concerns to the attention of the city as it considered developing a policy to manage this growing industry and making sure there were parameters in place to protect long -term residents who resided next to short-term rentals. Council Member Brandman appreciated the Anaheim Rental Alliance for their collaboration as a stakeholder in this business, adding that he might possibly have a short-term rental within 500 feet of his home also. Mr. Houston responded that since Mr. Brandman had no specific knowledge of a vacation rental in his proximity, he could continue the dialogue on this matter. Mayor Tait wondered why no business license was currently required for vacation rentals by owners, possibly falling under the home -based business component. Sandra Sagert remarked Anaheim's tax code did not specifically address this type of business and if transient occupancy tax were to be imposed it would be subject to voter approval as a new tax. He asked if any tourist destinations similar to Anaheim had any policies addressing short-term rentals with Mr. Garcia indicating that San Diego did not but all of the cities on the preliminary survey list charged transient occupancy tax for those businesses. Mr. Garcia added a more exhaustive survey would be completed which included Orange County cities and tourist destinations in California at a minimum. Mayor Tait appreciated staff's efforts and the involvement of the Rental Alliance, remarking it was a growing industry and should be addressed. The workshop was then concluded. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Before adjourning to closed session, Mayor Tait indicated he would recuse himself from Item No. 3 on the closed session agenda as his firm had worked for one of the parties in that matter within the past year. Mayor Pro Tern Eastman returned to the dais and the meeting was subsequently adjourned to closed session at 3:52 P.M. CLOSED SESSION ITEMS: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case No. 2012 - 00579998 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Subdivision 54956.8 of the California 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 Payment Regarding Lease 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of Subdivision (d) of the California Government Code Section 54956.9. (Two cases). (Mayor Tait declared a conflict and did not participate in this item.) City Council Minutes of December 17, 2013 Page 5 of 16 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Estate of Manuel Diaz et al. v. City of Anaheim, United States District Court, Court Case No. SACV 12 -01897 JVS (RNBx) At 5:16 P.M., Council session was reconvened and the agenda resumed. INVOCATION: Rabbi Joel Berman,Temple Beth Emet FLAG SALUTE: Council Member Jordan Brandman PRESENTATIONS: Recognizing Malcolm McDonald, creator of handmade wooden toys for children Mayor Tait highlighted the efforts of retired resident, Malcolm McDonald, who crafted approximately 200 wooden toys each year, sending boxes of them to Africa as well as distributing them to the Anaheim community, an act of kindness he performed for many years and continued to do. ADDITIONS /DELETIONS TO THE AGENDA City Clerk, Linda Andal reported staff requested Items No. 21 and 22 be removed from the agenda. Mayor Tait, with the concurrence of City Council, removed Item Nos. 21 and 22 from the agenda as requested by staff. PUBLIC COMMENTS (all agenda items): Senator Lou Correa talked about the need for open spaces in densely populated urban cities like Anaheim, urging the Council to retain any open park space for current and future public use. He reflected on the Santa Ana River Conservancy, a three county agency that he helped create establishing 120 miles along the Santa Ana River as a conservancy. Mentioning the proposed power plant on Ball Road Basin, he emphasized if Anaheim needed legislative help to ensure any uses around that area should pass through the local planning process, he was prepared to carry that legislation on behalf of the city. Prior to receiving public comment, the City Clerk read a brief decorum statement addressing guidelines for public comment. Cecil Corcoran, Outreach Homeless Ministries, discussed the status of his bible review. Denis Hardin, resident, co -owner of three automobile dealerships in Anaheim, spoke in support of Item No. 25, a resolution to oppose special districts from circumventing Anaheim's city planning process. He explained the proposed power plant on Ball Road Basin would negatively affect his business as it would be located within 200 feet of his dealerships. He explained that Phoenix Club Drive, a three lane road that accessed the auto dealers and the Honda Center was already crowded and a $500 million construction project and its associated traffic would certainly affect his business. In addition, the noise and pollution caused by the construction and the power plant itself would make it difficult to conduct his business outside and could affect the annual $2 million sales tax revenue stream to the city. He thanked the city for offering to purchase the land as an alternative and for staff being present at the Orange County Water Board (OCWD) meetings to testify against the plant and looked forward to working with the city to stop this proposal from going forward. City Council Minutes of December 17, 2013 Page 6 of 16 Todd Ament, Chamber of Commerce, spoke in opposition to OCWD's proposal to lease the Ball Road Basin for the purpose of building a power plant, an area containing the auto mall, Honda Center and Angel Stadium, and $1 billion of gross annual sales per year with 3,000 associated jobs. He stressed that a power plant on that site would have a negative impact on retention and future growth of jobs in that area and that the Chamber was actively working with the community to stop that proposal. Interested persons could visit www.stopthepowerplant.com site for additional information and help in the fight to protect those properties. He also spoke to the need to retain Angels Baseball in Anaheim, encouraging the city to continue to negotiate and find the best development opportunity for the stadium property to keep the team in Anaheim to continue their revenue generating effects. Paul Andresen, YMCA, remarked it had been over 20 years that Anaheim YMCA and the city had formed a collaboration which benefited thousands of youths and families through programs like Anaheim Achieves and through the use of city facilities. On this agenda, he added, were the plans for Ross Park which would allow YMCA to continue to serve thousands of youngsters and families in the future; he encouraged council's support for that item. Steve Faessel, Planning Commissioner, addressed his remarks to Agenda Item No. 25, stating that since the start of the process of locating a power plant on the Ball Road Basin, residents and businesses along with the City Council and bi- partisan legislators had been against the project believing it would be incompatible with the surrounding community, next to commercial land uses and close to residential and recreational areas. He urged Council to aggressively oppose this plan and facilitate an alternative use for the 19 acre site. Steven Jacobson, resident, discussed Item No. 8 on the agenda, remarking that for several reasons the residents of Felicidad Street requested the alley driveway from the strip mall on West Street be closed for the purposes of safety, crime reduction, and traffic flow. He detailed the many problems impacting the community from bar patrons using that exit to avoid using La Palma or Magnolia where police might be patrolling to taggers, drug dealers, and others using the darkness of that area for unacceptable purposes. He asked Council's support for approval of that closure. Daniel DeMeyere, resident, asked that the Brookhurst street improvement project be stopped due to its impacts to his neighborhood and remarked on his dissatisfaction in discussing his concerns with the city and /or contractors and the inability to get the results he desired. Simon Zhou and Cecelia Zhou of Youth Leadership of America explained the program that mentored high school students to become leaders in the school and in the community and invited Council to attend their graduation celebration on January 31 William Fitzgerald, Anaheim Home, objected to the no camping in parks ordinance, explaining his viewpoint and blaming three of the current council members for approving the ordinance. Mayor Tait responding to Mr. Fitzgerald's comments, emphasized there was a decorum policy in effect specifically to discourage the types of comments made by Mr. Fitzgerald, and he was apologetic and regretful that these comments continued. Council Member Kring added that the park ordinance was passed by a unanimous vote and that so far 33 homeless families were taken off the streets and located into better living conditions. Council Member Murray remarked that the city was working diligently to find permanent and long -term solutions to the homeless situation and in the interim, had matched funding with the City of Fullerton to extend the City Council Minutes of December 17, 2013 Page 7 of 16 Armory's use for the winter months so the homeless had a safe and warm place to sleep at night. Yvonne Washington, Caltrans, provided an update on State Route 91, with a land extension and reconstruction project scheduled for late January. She indicated the construction would consist of a 1.6 mile, $46 million project to relieve existing weaving and merging maneuvers on the west bound 91 Freeway. Specifically, the westbound 91 off -ramp at Tustin Avenue would be reconfigured to a two lane exit with the on -ramp reconstructed and lengthened as well due to a new auxiliary lane on the main line. She emphasized the 2008 annual average daily traffic on the westbound 91 at Tustin Avenue was 113,000, projected to increase to 139,000 in 2035 and this effort would provide much needed relief. Ron Bengochea, resident, addressed Item No. 7 on the agenda, questioning the purchase of automated license recognition camera systems with a $196,000+ price tag, especially when it appeared to be of more benefit to the county than to the city of Anaheim. He also supported efforts to stop the power plant from being constructed on the Ball Road Basin, adding that it would also not benefit Anaheim residents directly and would function to support the California grid system. Michael Baker, Boys and Girls Club of Anaheim, discussed the holiday events occurring in Anaheim on behalf of the kids in the community. The Rock Church brought in 15 tons of snow and placed it behind the Boys and Girls Club and any child in Anaheim was able to visit and play in that snow. He was also supportive of the YMCA and their partnership with the Boys and Girls Club. He was appreciative of the City Manager in giving him the opportunity to serve on the committee to interview the candidates for police chief remarking that Raul Quezada was the best candidate for that position. Mr. Baker then invited members of the community to participate in the gift wrap session on December 23 to wrap 2,000 presents for the families of motel kids as well as those in priority neighborhoods, emphasizing that gifts for teens was still needed as that age group was often overlooked during the holidays. Chris Locke, Anaheim Visitors & Convention Bureau, discussed Angels Baseball negotiations, expressing support for the outreach plan put in place to advance the goal of keeping the Angels in Anaheim. Part of the framework being discussed in those negotiations, she stated, involved the addition of more dining and shopping opportunities in and around Angel Stadium and that those new businesses meant more employment for citizens as well as more revenues coming into the city. She added as the election season began, city leaders should not forget the Angel fans that lived and worked here in Anaheim. Kevin Logan, resident, supported parks instead of power plants, but indicated he wished to address his comments solely to Angels Baseball. He recommended that the public inclusive process used by the city of San Diego when negotiating with the Padres be utilized rather than the outreach process outlined by staff. Specifically, he remarked, San Diego used a task force of 17 diverse citizens who investigated the Padre's financial situation and the practices of other major league baseball teams. A second task force of 18 appointed citizens held 56 public meetings on ballpark planning, evaluated seven sites and made recommendations to the city of San Diego after a two year process. He recommended Council reject staff's plan for a series of workshops and direct them to a public participation plan similar to that of San Diego worthy of the scale of the Angels Baseball contract. Greg Diamond commented on number of subjects while also requesting Council address the article by Matt Cunningham at Anaheimblog.net, quoting the Angel's spokesperson who stated City Council Minutes of December 17, 2013 Page 8 of 16 the idea of developing the stadium property originated with the city, rather than with Angels Baseball, specifically as a method of funding much needed stadium improvements. An unidentified individual thanked council for their support for the tree lighting ceremony in Anaheim Hills, remarking it was a great community event for that area and residents looked forward to continuing the tradition. Theresa Smith expressed her distress over Matt Cunningham's prayer vigil and how those words affected her. Donna Acevedo characterized the blogs found in Anaheimblog.net as bigotry paid for by the Chamber of Commerce. In addition, she commented that Council Member Murray's initiative to remove blight eradication in residential neighborhoods was impacting residents and asked that community meetings be held at Paul Revere to let the people know what was going on. Council Murray responded that additional workshops were planned for the ordinance which addressed rental housing quality assurances for those renting in the community with the goal of ensuring every renter had a safe and high quality standard of living regardless of their income level. Cynthia Ward, resident, addressed a comment to the potential power plant proposed for Ball Road Basin. Specifically, while she opposed the project for that site, she felt Council should take specific actions setting policy on this issue during a public meeting and hold back on any litigation with OCWD in recognition of the need to retain a future working relationship with the board and in light of the fact their actions followed state law. She also objected to the fact that this council meeting was the last for 2013 and no audit from the Chamber of Commerce had been received as was required. Regarding Angels Baseball, she emphasized that the city would be negotiating in bad faith if they tried to take one of the deal points identified in the Memorandum of Understanding with the baseball team away. COUNCIL COMMUNICATIONS: Mayor Tait addressed comments made by William Fitzgerald and other public speakers and their lack of compassion he also responded to comments regarding the homelessness in the City. Mayor Pro Tem Eastman expressed sorrow for the mothers who lost their children and that written articles had caused them more distress. CONSENT CALENDAR: Council Member Murray removed Item Nos. 3, 8 and 18 for further discussion. Mayor Tait declared a potential conflict of interest on Item Nos. 16 and 17, as his firm had worked with Orange County Transportation Authority in the past. 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, in accordance with reports, certifications and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. D117 1. Approve the Investment Portfolio Report for November 2013. D117 2. Approve the 2014 Investment Policy for the City. City Council Minutes of December 17, 2013 Page 9 of 16 D116 4. Adopt a list of recurring annual recognitions for the 2014 calendar year and issue these recognitions accordingly. 5. Determine on the basis of the evidence submitted by AP Urban Anaheim, LLC that the AGR -3639 property owner has complied in good faith with the terms and conditions of Development Agreement No. 2005 -00007 for the 2012 -13 review period for a 336 -unit multi - family residential project at 1331 East Katella Avenue and 1725 -1755 South Auburn Way in the Platinum Triangle. 6. Accept the low bid from SIGMAnet, Inc., in the amount of $1,044,949.84 plus applicable D180 sales tax, for the purchase and installation of EMC equipment for a citywide replacement of the Storage Area Network, in accordance with Bid # 8018. 7. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Vigilant Solutions, in the amount of $196,607 plus D180 applicable tax, for the purchase and delivery of Automated License Plate Recognition camera systems to be distributed and deployed as needed for regional, county -wide use in Orange County, with none of the cameras being designated for specific use in Anaheim. D114 9. Approve minutes of Council meeting of November 5, 2013. 10. Approve and authorize the Director of Public Works to execute and take the necessary or advisable actions to implement and administer the Property Management Agreement, and any other related documents or agreements, with LPC Transit Management, LLC for AGR -7913 the day -to -day management, operation and maintenance at ARTIC and authorize the Director of Public Works to work with LPC Transit Management, LLC and the transit service providers, including the Orange County Transportation Authority, to transfer existing transit services from the current Anaheim Station to ARTIC and provide additional transit services at ARTIC. 11. Approve a Second Amendment to Agreement C -3 -4658 with Western Transit Systems, AGR- 4658.2 Inc., extending the term of the agreement through December 31, 2018 for the Senior Mobility Program. 12. Approve and authorize the Director of Community Services, or his designee, to execute AGR- 7014.1 and administer a Lease Agreement with the Anaheim Family YMCA for the Ross Park Expansion Project. 13. Consider the terms and conditions of the Master Utility Pole Lease Agreement, including Exhibit B (Annual Pole Lease Charges) and direct staff to present, no earlier than 30 Al23 days hereafter, the Master Agreement for consideration and action at a subsequent Council meeting, as required by State law. 14. Approve and authorize the Public Utilities General Manager to execute and take the necessary or advisable actions to implement and administer a License Agreement, and AGR -7914 any other related documents, with the Southern California Gas Company to attach, install, operate, and maintain advanced meter facilities on City of Anaheim street light poles. City Council Minutes of December 17, 2013 Page 10 of 16 15. RESOLUTION NO. 2013 -182 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM requesting temporary closures to Caltrans 1 -5 offramps for Tinker Bell Half Marathon (January 19, 2014; Southbound 1 -5 at Harbor Boulevard, Northbound 1 -5 at Harbor Boulevard, and Southbound 1 -5 at Disney Way). 16. RESOLUTION NO. 2013 -183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit D175 four improvement project(s) grant applications to the Orange County Transportation Authority for funding under Project O - the Regional Capacity Program under Measure M2 on behalf of the City of Anaheim, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year accordingly. Mayor Tait recorded an abstention. Motion by Council Member Brandman to approve, 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. 17. RESOLUTION NO. 2013 -184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM certifying that Anaheim has the resources to fund the projects submitted for inclusion in the FY 2014/15 -FY 2019/20 Transportation Improvement D175 Program and affirming its commitment to implement all of the projects submitted in the Program. Mayor Tait recorded an abstention. Motion by Council Member Brandman to approve, seconded by Council Member Kring. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 19. RESOLUTION NO. 2013 -186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Modified City of Anaheim Transmission Owner D182 Tariff and authorizing the Public Utilities General Manager to file the modified tariff with the Federal Energy Regulatory Commission and take such actions are necessary to administer and implement the modified tariff. By this resolution, determine that additions and modifications to the City of Anaheim, California Transmission Owner Tariff FERC Electric Tariff are exempt under the California Environmental Quality Act, Section 21080 (b)(8) of the Public Resources Code and Title 14 of the California Administrative Code, Section 15273(a). 20. RESOLUTION NO. 2013 -187 A RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM accepting a certain deed conveying to the City of Anaheim certain interests in real property (City Deed No. 11614). 21. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHIEM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11615 and 11616). Item No. 21 was removed from agenda at the request of staff. City Council Minutes of December 17, 2013 Page 11 of 16 22. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of public service easement generally located at 3311 East La Palma Avenue pursuant to California Streets and Highway Code Section 8330, et seq., - Summary Vacation. (Abandonment No. ABA 2013 - 00265). Item No. 22 was removed from agenda at the request of staff: END OF CONSENT CALENDAR: D154 3. Approve the appointment of Raul Quezada to the position of Chief of Police. Marcie Edwards, City Manager, stated she was recommending City Council confirm the appointment of Raul Quezada as the city's Police Chief. She noted he had served in the acting capacity during this recruitment process and not only successfully managed the department but showed a passion in serving the residents and visitors of the community. With over 20 years in law enforcement, beginning with the Los Angeles Police Department, Chief Quezada had a B.S. degree in professional studies from CSULB and was completing his masters in criminal justice. Council Member Murray offered her congratulations, stating she had the opportunity to work with the chief during his interim capacity and recognized his connection to the community and the spirit and commitment to public service he brought to this position. Council Member Kring congratulated Chief Quezada and the department for their outstanding work this Friday in quickly apprehending an assault/carjacking suspect during the early morning hours. She also expressed her congratulations to the chief, stating he had earned respect not only from the community but from, the rank and file and she was appreciative of his positive presence in any situation. Mayor Pro Tern Eastman joined the congratulatory remarks, emphasizing that Chief Quezada stood head and shoulders above the other candidates and with his knowledge of Anaheim, would be a real asset to the city. Council Member Brandman appreciated the thorough nationwide vetting process which saw Chief Quezada raise to the top. Mayor Tait thanked the city manager for her recommendation, congratulating the chief on his great job as the interim police chief providing exemplary leadership, integrity, trustworthiness and kindness. Council Member Kring moved to approve Item No. 3, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. Chief Quezada introduced his family and command staff, remarking he looked forward to the challenges and the work to be done and was very appreciative of the remarks offered tonight. D175 8. Approve a 90 -day trial closure of the public alley connecting Magnolia Avenue and Felicidad Street adjacent to 1001 North Magnolia Avenue as a temporary traffic calming measure. Natalie Meeks, Public Works Director, reported this item would close an alley that accessed a residential neighborhood from commercial property. She indicated there had been an ongoing discussion with this neighborhood to see whether or not this was the right action to take to prevent traffic between the alley and the residential neighborhood. She added that while some residents would have to extend their commute because the alley was regularly used to access an arterial street, staff believed the 90 -day trial would work. Residents would then find that the City Council Minutes of December 17, 2013 Page 12 of 16 access was still adequate for their neighborhood and the city could then move forward with a more permanent solution. Council Member Murray thanked staff and the residents who requested this action and worked together for a solution and moved to approve Item No. 8, seconded by Council Member Brandman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 18. RESOLUTION NO. 2013 -185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or his AGR -7915 designee ( "Director ") to accept all grants from KaBOOM! on behalf of the City of Anaheim for the installation and maintenance of playground equipment at John Marshall Park, and authorizing the Director to execute all required grant documents. Approve and authorize Director of Community Services to execute and take the necessary actions to implement and administer the KaBOOM! Letter of Intent and authorize the Director of Community Services, or his designee, to act as the agent of the City on all matters concerning this grant program and to accept future stipends and funds received from KaBOOM! for maintenance of the playground equipment at John Marshall Park. Terry Lowe, Director of Community Services, reported this resolution for Council's approval would allow for the installation and maintenance of the fifth KaBOOM playground built in cooperation with the business community. This particular non - profit, with strong representation from the YMCA as well as all of the residents who volunteered, built parks throughout the city and this project was located at John Marshall Park, particularly significant as John Marshall School was being rebuilt from the ground up and there would be a new school in that area soon. In the meantime, he remarked, the neighborhood would get to enjoy a new park thanks to the labor of these volunteers and the efforts of Anaheim's corporate partners and non - profit community. Council Member Murray thanked staff and the community who made this program possible and KaBOOM and Disney along with the many sponsors and volunteers. She added it was making a difference in the city, turning existing older parks into more vibrant spaces for children and families to use. She then moved to approve RESOLUTION NO. 2013 -185 OF THE CITY OF ANAHEIM authorizing the Director of Community Services or his designee ( "Director ") to accept all grants from KaBOOM! on behalf of the City of Anaheim for the installation and maintenance of playground equipment at John Marshall Park, and authorizing the Director to execute all required grant documents and to take the additional actions outlined in the staff report, seconded by Council Member Kring. Mayor Pro Tern Eastman emphasized these playgrounds were remarkable efforts by staff in coordination with KaBOOM participants to keep these projects coming one right after the other to benefit neighborhoods throughout the city. Council Member Kring added one of the components of these parks was that kids in the adjoining schools designed the playgrounds specifically for their needs and had a vested interest in it. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. City Council Minutes of December 17, 2013 Page 13 of 16 23. Nominate and [re]appoint one representative to the Orange County Vector Control Board D113 of Trustees, to either a two year term ending December 31, 2015 or four year term ending December 31, 2017. APPOINTMENT: Lucille Krinq (Incumbent, Council Member Kring) Council unanimously reappointed Council Member Kring to a four -year term. 24. Nominate and appoint a Council Member to serve as Mayor Pro Tern for the 2014 D113 calendar year. Appointment: Kris Murray Mayor Tait was in favor of the tradition of honoring each Council Member by serving in the position of Mayor Pro Tem, and offered Kris Murray's name in nomination, 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 and Ms. Murray was unanimously appointed as Mayor Pro Tern for year 2014. 25. RESOLUTION NO. 2013 -188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM setting forth council policy regarding the applicability of the R100 City's planning process to governmental agencies Greg Garcia, Deputy City Manager, reported, this resolution was to make clear to both the public as well as to government agencies that should there be a plan to acquire, develop, or dispose of property in Anaheim, such plan must comply with the city's planning and zoning requirements, particularly where the proposed use would result in environmental impacts in the city and use designations. He added while there were a number of exemptions to these requirements in state law, it was still good policy for Council to go on record and be very clear of what their expectations would be of those engaged in land use issues in Anaheim. He further noted while not on the agenda tonight, the Orange County Water District's (OCWD) recent lease of a property in Anaheim to a private power plant developer had led to questions as to how and to whom Anaheim's planning processes applied. This action also led to the following recommendation that not only the agencies themselves be put on notice but that those who served on legislative bodies of governmental agencies as representatives of the city of Anaheim should also uphold and communicate this particular policy to those agencies as well. Council Member Murray remarked that a recent precedent had been set that she believed was harmful to governance at local and regional levels and that it was of great importance that special districts understood the city's policy. Specific to OCWD's recent actions, she remarked it was unfortunate that the city found itself in this position in opposition to their actions; however, this item was not solely about that issue. The precedent that was set was damaging and it was important that the community have a voice and she urged Council to support a position that insured the community had a say and a stake in the process as it pertained to short-term and long -term land use planning. Mayor Pro Tern Eastman remarked as a former planning commissioner, land use decisions were important to the citizens and necessary for local control and she would support this effort. City Council Minutes of December 17, 2013 Page 14 of 16 Council Member Murray moved to approve RESOLUTION NO 2013 -188 OF THE CITY OF ANAHEIM setting forth council policy regarding the applicability of the City's planning process to governmental agencies, 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. 26. Discussion of ongoing negotiations with Angels Baseball and Pacific Coast Investors regarding Angels Stadium and the Stadium District and provide direction to staff, if D124 desired, as well as, receive and comment on Angels Baseball negotiations outreach efforts. Tom Morton, Convention Sports and Entertainment Director, reported that staff had been requested to develop a series of public workshops to update the community on Angels Baseball negotiations and to solicit additional ideas. Along with that staff was asked to specifically identify those workshop dates and January 14 and January 30 were now scheduled to conduct community -wide workshops to be held in the evening hours at the Anaheim Convention Center. These workshops would invite all residents, businesses and stakeholders and would include an outline of why negotiations were taking place, a discussion of mutual goals for the city and Angels Baseball, a discussion of major league baseball marketplace, a discussion of the benefits to the city and the communities from Angels Baseball, a discussion on the current lease agreement and an outline of the negotiation framework, the process, and development opportunities available within the stadium district. In addition to these community workshops, he explained staff had and would conduct individual briefing sessions with civic organizations and neighborhood groups with several meetings already held this month and more lined up for the month of January. He emphasized should an organization be interested in a session, they could send a request to Baseball Workshop at Anaheim.net or inquire on the city's website www.Anaheim.net/baseball. Concurrent with the workshops and briefing sessions, staff would also agendize an update on the progress of negotiations on every third regularly scheduled council meeting, specifically to educate and receive input on topics including appraisal and land valuation methodologies, comparison of other major league baseball agreements, a history of team relocation in professional sports, key lease terms currently in place with the Angels, the economic impact of major league sports in conjunction with ancillary development, and economic benefits of the stadium site with and without the Angels. These meetings, he explained, would assist in the establishment of a strong foundation for the city council to make important decisions during the process. Council Member Murray responded that she looked forward to attending the workshops and hearing back from the community about the program and appreciated the amount of outreach staff was gearing up to conduct before any final agreements came before Council for approval. Council Member Kring asked that someone address Ms. Ward's earlier comments about the Angels negotiations. Tom Morton replied that the Memorandums of Understanding happened to be agreements to negotiate in good faith, and only a limited set of components within the MOU's were binding which was an obligation to enter into a lease extension and to negotiate in good faith. Council Member Kring remarked the MOUs were not a "done deal" and suggested interested persons attend the workshops, ask their questions regarding the negotiations, and get their answers. City Council Minutes of December 17, 2013 Page 15 of 16 Mayor Tait remarked there was an article in the Register that stated the proposal on the stadium property in the MOU was generated by staff, asking for confirmation of that statement. Mr. Morton remarked that the reference in the article to the statement made by the Angels spokesperson regarding the use of stadium land surfaced initially in very early discussions or brainstorming meetings, not only internally among staff but at later dates with Angels' representatives present. Mayor Tait stated he liked the idea of public participation but was unsure what the input would be in those workshops, whether it was about the framework for discussion or the future deal. Mr. Morton responded that staff hoped to be able to discuss not only the components within the MOU as a framework for discussions but also the chance to discuss opportunities that were not considered in the MOU that could be brought into a negotiated term for the Angels to continue to play baseball in Anaheim. Mayor Tait added that discussions should include talking about the economic value of the Angels remaining in Anaheim as well as the economic value of what the city provided to Angels Baseball and to PCI by allowing the team to play in the stadium, and the value of the stadium itself to the team. Mr. Morton replied it was not only the MOU's that would be discussed, but what the existing lease entail, what were the deliverables, how did that lease come about, what were the opportunities that other major league baseball teams had, what did the marketplace look like, and what else was going on along with the process and how that process had and would continue to take place. In addition, a discussion about the development opportunities for that land, and how the appraisal would figure into the discussion at some point would be included. Mayor Tait requested that when agreement was reached, that the public be giving adequate notice, possibly one or two months for public input before council took action on the agreements. He also requested that a discussion about what the city gave to Angels Baseball and PCI be included and a discussion on the value of having the word "Anaheim" as part of the team name as well. Mr. Houston responded that if a development agreement was part of this process, it would include an ordinance requiring a first and second reading so at a minimum there would be two meetings required for that particular action. Mayor Tait asked if there would be a second MOU needed or a replacement MOU that would take into account all aspects of the negotiated agreements. Marcie Edwards responded that regardless of whether there was a replacement MOU or an amended one, there would be a significant amount of public process, vetting and involvement. She added that his comment about including the value of the city and its assets to the Angels was critical and had been discussed at the staff level, and also pointed out that the naming rights were still on the table. In addition, she had requested a variety of information from a certified MAI appraiser, including the concerns Mayor Tait had outlined and dependent upon timing and its usage in the negotiations, it would be made available to the public at a later date. Council Member Murray to approve Item No. 26, seconded by Mayor Tait. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Approved. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS: 7:19 P.M. Council Member Brandman reported his attendance at the Orange County Choral Society's Holiday Carol in downtown Anaheim and his appreciation of the festive holiday atmosphere on Center Street Promenade. He discussed the various community giving opportunities including City Council Minutes of December 17, 2013 Page 16 of 16 the Fire Department's Spark of Love toy drive and urged the community to remember the men and women in the military, especially the city's adopted 13 MEU as well as those in need. Council Member Murray announced the various holiday events occurring in Anaheim: the 27 Annual Nutcracker ballet at the City National Grove, Santa visiting Anaheim Town Square, the 2nd Harvest Food Bank Drive that sought canned goods for their Bag of Hope project, and the Boys and Girls Club gift wrapping event on December 23` She spoke of the book "Nurturing Healing Love: A Mother's Journey of Hope & Forgiveness" written by Scarlett Lewis, a mother whose son Jesse was a victim of the Sandy Hook Elementary School tragedy, providing each council member with a copy. Council Member Kring announced the Santa visits at the Anaheim Libraries and Cops for Kids toy drive asking for volunteers to wrap and distribute the toys on December 23` She also discussed the Bloom Energy project at the Honda Center, using fuel cells which produced 80 percent of the energy they needed, one of only two national hockey teams that had this type of technology in place. Mayor Pro Tern Eastman announced the Annual Holiday Brunch at K&A's on Center Street Promenade, a business that began the tradition of offering a free holiday brunch and toys for those who attended. She was appreciative of her term as Mayor Pro Tem, discussed her service on the OCTA board, emphasizing the extension of the 91 freeway toll road into Riverside would do much to help relieve the "Corona crawl" situation. Mayor Tait thanked Mayor Pro Tern Eastman for her service as Mayor Pro Tern during this year and emphasized the city was working on an overall strategy to address the homeless situation and to roll out a permanent program before the winter shelter closes in the spring. He added that any interested person could access www.anaheim.net /homelessness and retrieve information on the Anaheim Coming Home program. He talked about the restaurants and supermarkets getting together to figure out a system to get food to those in need and looked forward to working with this program in the future. He ended his comments with the story of Sgt. Bowe Bergdahl who had been held by the Taliban since June 2009 as a prisoner of war and how supporters were sending holiday cards to Sgt. Bergdahl in care of the White House in an effort to bring Sgt. Bergdahl home. Each of the council members again congratulated Police Chief Raul Quezada on his appointment, looking forward to working with him in the future and wished everyone the happiest of holidays as year 2013 ends. ADJOURNMENT: With no other business to conduct, Mayor Tait adjourned the December 17, 2013 council meeting at 7:39 P.M. R tfully s ubmitted, Andal, CIVIC City Clerk