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2014/03/25ANAHEIM CITY COUNCIL REGULAR MEETING OF MARCH 25, 2074 The regular meeting of March 25, 2014 was called to order at 3:06 P.M. in the chambers of Anaheim City Hall. The meeting notice, agenda and related materials were duly posted on March 21, 2014. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille Kring and Kris Murray. STAFF PRESENT: Interim City Manager Paul Emery, City Attorney Michael Houston, and City Clerk Linda Andal. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION WORKSHOP: Terry Lowe, Director of Community Services, explained the annual Housing and Urban Development CDBG process, was a program that allowed for up to 15 percent of each year's grant funds to be spent on public service that served low income residents and /or neighborhoods by either the city or outside agencies. He remarked Anaheim's Community Services Board (CSB) was responsible for screening and evaluating CDBG funding requests submitted by local nonprofit organizations by reviewing and assessing each organization's funding application, an 11 page document containing the following: background, operational goals and objectives, productivity levels, proposed budget, financial status including current and proposed revenue sources, personnel and other operating expenses, and a financial audit if the organization grossed over $2 million or more in annual revenues. The Community Development Department staff would then evaluate each organization's accounting and programming policies and procedures. In early 2000, Mr. Lowe remarked, a new funding strategy was developed that focused on three specific areas: services to children and youth (with priority given to those services that promoted the healthy development of at risk youth), services to frail elderly and senior citizens and services to under - served and disenfranchised families, immigrants, and disabled populations. In 2011, following Council direction regarding annual funding recommendations, the CSB reaffirmed that it was essential to the well- being of the community to align their funding recommendations in support of programs and services that met the basic needs of residents and promoted the safety, stability, and healthy development as well as self- sufficiency for those three established priorities. Additionally, the Board created five guidelines that helped develop their funding recommendations for City Council consideration: 1) to award a grant of at least $10,000 minimum to any single agency, 2) to maintain good faith objectives to fund new agencies that met critical community needs, 3) to limit maximum grant funding to any single agency to not exceed 20% of total funding available under the Public Service Cap, which allowed resources to fund additional agencies; 4) to maintain the option, when necessary, to recommend reduced funding to returning or currently funded agencies in order to allocate funding for new agencies for programs or services that met a critical community need, and 5) to maintain the option to make "no funding" recommendation to any agency with sufficient justification. Mr. Lowe stated the Board targeted funding recommendations to the three specific focus areas, and using their guidelines to help in the decision - making process, a balanced and fair funding recommendation was provided City Council Minutes of March 25, 2014 Page 2 of 19 to City Council for consideration, with the understanding the ultimate approval of the distribution of those funds was the responsibility of Council and could be adjusted at their discretion. CDBG FUNDING TIMELINE: Mr. Lowe explained the funding process began in March with review and modification to the funding application, an instruction guide to be submitted to the board for review and approval, then transmission to Community Development staff for review and inclusion of federal requirements. In April, a public notice was advertised in local newspapers announcing the availability of CDBG funds (a federal requirement) and a pre - application meeting was scheduled in May for agencies to ask questions of staff regarding the process. He added the applications and instructions were available on the city's website as well. The deadline for submittal of the applications to the Community Services Department was the last Friday in June, and those applications were reviewed for completion and follow -up with the non - profit agency staff, as needed. The applications were then submitted to Community Development staff for review and determination of eligibility and at the conclusion of that process, accepted application packets would be distributed to the Community Services Board for review in anticipation of oral presentations in September. This, he explained, offered the Board an opportunity to discuss any aspect of the application with non - profit agency staff. October and November were reserved for the Board to meet and discuss the merits of every proposed program and project submitted; and at the end of those meetings the Board would reach a consensus and approve preliminary funding recommendations. Those recommendations traditionally consisted of three levels of funding: 1) funding equal to the previous year, 2) a ten percent reduction over the previous year, and 3) a 20 percent reduction. He explained this was done to accommodate the fact that federal funding to the city had been reduced significantly over the past few years and Community Development staff did not receive official notification of their funding award until April or May of the following year. In December, the preliminary funding recommendations for public service programs were transmitted to the Community Development Department for presentation and final approval by the Community Development Advisory Committee (CDAC) and once approved, the entire action plan comprised of CDBG, HOME, and ESG programs were submitted for Council's approval. Following that, the annual action plan was then due to the federal HUD in May or June. Mr. Lowe stated for FY 2014/15, the CDBG funding recommendations reflected 14 agencies with 18 programs or services proposed. Level 1 funding reflected $308,000, Level 2 funding was $277,500, and Level 3 funding was $246,500. He added staff anticipated hearing from the federal government in May or June of this year, at which time the CSB would be reconvened and make any adjustments to their preliminary funding recommendations based on the total amount to be received. Council Member Brandman remarked he had requested this item be agendized because he realized the Community Services Board was functioning under guidelines that were not codified by the policy body and he felt the CSB should operate under the same directives as similar boards such as the Planning Commission, Public Utilities Board, and Library Board. Additionally, since the Board had seen continued funding reductions during the recession which would likely continue until the federal budget recovered, he suggested that for the purposes of budget reduction only, that the board give priority to City Councii Minutes of March 25, 2014 Page 3 of 19 nonprofit agencies who had at least 50 percent plus one of their service budget committed to the city of Anaheim rather than an agency that covered all areas of the county. He added he had spoken to the current and past chairs of the Community Services Board about the need to have clear direction from the City Council as they were forced to make these reductions. Mayor Pro Tern Murray concurred with the policy direction outlined. Council Member Kring concurred as well after Mr. Lowe confirmed that the funding for regional agencies such as Senior Serve used their Anaheim CDBG grant funds specifically to address the needs of Anaheim seniors. Mr. Lowe suggested it might be prudent for staff to look at the data and determine how this policy might affect nonprofit agencies and return to Council with that information or a recommendation to achieve the same goal in a different manner. Council Member Eastman was also supportive of Mr. Lowe's suggestion. Mayor Tait agreed with the spirit of Council Member Brandman's request, however, wanted to ensure there were no unintended consequences. Council Member Brandman restated it was Council's responsibility to provide general guidelines but to also make clear what the priorities were in the form of a policy, not a mandate, that emphasized Council would favor locally based nonprofits versus regional or statewide agencies as it related to reductions in funding. Mayor Tait concurred asking that as funds were lessened, that the $10,000 minimum grant might need to be increased due to the time and efforts the CSB, CDAC, and staff put into granting these public service fund amounts annually. PARK SYSTEM OVERVIEW Mr. Lowe reported that last October, the department provided a presentation on the recreational facility needs of residents that focused on funding of projects within and adjacent to the Platinum Triangle (PT) and at that time, Council ,Member Brandman requested a similar workshop for projects outside the PT area which this workshop would now cover. He explained that to fund development of new parks and provide for the addition of new amenities in existing city parks, Anaheim received park development fees from new residential developments built in the city in accordance with the Quimby Act, established in 1975 and amended in 1982. As the city's population grew, the need for additional parkland did as well with the national standard for park acreage ranging from 6.25 to 10.5 acres per 1,000 persons. Anaheim's standard, updated in 1980, was two acres per 1,000 residents, with the current ratio coming close to that figure at about 1.96 park acres per 1,000 people. Those revenues were separated in two categories; i.e. housing development within the Platinum Triangle (Fund 71) and those from development outside the PT (Fund 216). As recreation needs continued to increase throughout the city, he stated, staff projected an increase in additional funding for the PT over the next few years while the remainder of the city was essentially built out and revenues received from developers outside the PT being lower and resulting in challenges for the department to meet recreational demands of a growing community. Mr. Lowe stressed that the Quimby Act specified park fees received in a particular area were to be spent on improvements in the area in which fees were received and that the amount, location of land to be dedicated, or the fees to be paid should bear a reasonable relationship to the use of the park and recreational facilities by future residents of that subdivision. The Quimby Act funds, he added, could not be used to offset staffing, operations, maintenance, or the purchase of materials or supplies, or to replace maintenance City Council Minutes of March 25, 2014 Page 4 of 19 equipment. The current established fees for residential development outside the PT was $6,936.46 for a single - family detached home, $5,388.14 for a single family attached home, $6,998.39 for 2 -4 apartment units, $5,408.78 for 5 or more apartment units, $4,149.49 for mobile homes, versus $8,114.01 for units in the Platinum Triangle. Those fees had not been adjusted since FY 05/06 when they were increased by 15 percent. Mr. Lowe indicated Anaheim had adopted an ordinance enacting its own version of the Quimby Act, required as a condition of approval of a subdivision, and mandating the dedication of land, the payment of a fee in lieu of dedication or a combination of both for parks and recreational purposes and over the years, the city had benefitted from both methods. He added funds from the Quimby Act also contributed to improvements to existing parks such as new restrooms, upgraded playgrounds and other amenities and in addition to those funds, the department also aggressively pursued grant monies for new amenities; those funds, however, had been drastically reduced on the state and federal levels in recent years. The current Anaheim land value was estimated at $2.6 million per acre by the city's consultant, Keyser Marston Associates. Mr. Lowe then pointed out the four most recent new parks: Anaheim Coves, Colony Park, Founder's Park, and Paul Revere Park, varied in terms of size and amenities such as restrooms and other uses with the average cost per acre for development of the parks at just over $1.5 million. Because the fees were not adjusted since 05/06 and the cost of both land and development increased significantly, he stated the current fee should be significantly higher than the existing fee, although staff was not suggesting fees be raised to reflect today's cost of land and development, only that it should be higher than it was due to the many needs of the aging park system. He indicated staff recommended consolidating the fee from six categories to two to simplify the fee structure necessary because the 2010 census calculated the density differently than in the past, using single family dwellings and multi- family dwellings per federal guidelines. An overview of the projected revenues, expenditures, and fund balances for Fund 216 was provided for this FY 13/14, 14/15, and 15/16. He reiterated developer fees throughout the city continued to decrease and fees received would not be sufficient to meet infrastructure needs and to supplement the gap, the department continued to pursue grant opportunities from non - profits, state, local, and federal sources. He then provided details on grant reimbursements anticipated for the 13/14 projects noting that most grants only funded new amenities and not infrastructure needs such as replacement of playgrounds and restrooms. For FY 2013/14, the following projects were outlined: Manzanita Park had been damaged by vandals in a fire a year ago, but would be restored and improved with insurance money. He added 216 Funds and the Boys and Girls Club would manage this site with improvements being made to accommodate their program. Schweitzer Park was now completed, with the replacement of existing restrooms and playground equipment, one of five KaBOOM projects so far and funded by a grant from housing - related parks program in the amount of $357,000. City Council Minutes of March 25, 2014 Page 5 of 19 • The completed Anaheim Outdoors Connectivity Plan was approved by Council last April, fully funded by Prop 84 Urban Green grant and a grant from Southern California Association of Government (SCAG). • He added SCAG was now funding the update to the Bicycle Master Plan that would incorporate the alignments and objectives of the connectivity plan into the city's general plan. • Paul Revere Park, earlier this year, celebrated its groundbreaking with construction to begin in April and completed in the fall, funded through Land and Water Conservation Grant and CDBG funds. • Improvements to the restrooms and playground in Sage Park represented amenities in great need of replacement throughout the park system, and he noted, staff had compiled a list of similar aging infrastructure citywide that amounted to many millions of dollars. For this project, the restroom and playground would be replaced with the majority of funding coming from two separate funding cycles made available through the state's housing - related parks program. • The Pearson Park Cactus Garden restoration project was a chance to restore a historic treasure to a special feature at Pearson Park, addressing existing deficiencies and replanting specimen species to reflect the original intention of Rudy Boysen's plan for the garden. • KaBOOm playground projects had been a great partnership with the city, the Disneyland resort and YMCA, with five playgrounds completed so far and the most recent completed at John Marshall Park this last weekend. He noted these efforts brought the community together through volunteerism and a commitment to their neighborhood park by creating playgrounds that were respected and protected by those residents. • Staff was currently working on construction documents for two dog parks, one in the undeveloped area on the west side of Olive Hills Park which would include a restroom, a perimeter walking and jogging path, and separated small and large dog use areas with agility equipment, benches and native plant material. The second dog park would be open on the eastern open area in La Palma Park and would include fencing, separated small and large dog use areas, additional trees, benches and drinking fountains. La Palma's construction plans were currently under review in the Public Works Department and expected to be open this summer, while the Olive Hills construction should be completed this winter. • Residents from the neighborhood around Little People's Park requested a facelift for their area and as a result of three community meetings, a design plan was created to replace the existing gazebo and drinking fountain, as well as upgrade and increase the size of the turf area. A low decorative fence would be placed around the perimeter of the park to prevent small children and balls from going into the street, benches and barbeques would be added, and the existing basketball court would be reconfigured so that full court games could be played, as requested by the youth in the neighborhood. • Residents of the Park Circle neighborhood, located west of Euclid and north of Ball, requested that a city owned parcel and maintained median in their cul -de -sac located at 924 South Park Circle be converted into a pocket park. Two community meetings were held with residents asking for a playground, picnic area, turf area, increased lighting and improved parking, a small park that would offer a needed walk -to destination to the many residents who lived in the dense multi -story apartments in that area. • Last October, the city celebrated groundbreaking of the new Mira Loma Park and Family Resource Center, currently under construction and scheduled to be completed this fall. City Council Minutes of March 25, 2014 Page 6 of 19 This effort was primarily funded with a Prop 84 grant with some supplemental CDBG funds. New capital projects proposed for FY 2014/15 reflected the following: • Pelanconi Park Restoration project would remove a tangle of invasive, non - native plants and replant them with native plant materials, enhancing residents outdoor experience as well as the habitat for birds and other wildlife, with over $195,000 funded from Habitat Conservation Fund. • YMCA users requested and staff concurred that improved lighting and a walking path along Edison Park would enhance the park's service to the neighborhood. • The city applied for a $650,000 grant from housing - related parks program to replace the park control building at Stoddard Park which also included new restrooms. • Chaparral Spray Park splash pad offered an opportunity to revitalize a currently unused portion of the park, designed as a waiting area that had not been in service since the mid -70's and would bring much summertime heat relief to the children of the west side of the city, at an estimated cost of $600,000. • The Carriage House in Founder's Park was in need of a shade area on the south side in order to increase usability, with Mr. Lowe indicating this feature was deleted from the original construction project due to lack of funding which was now available at an estimated cost of $75,000. • Downtown Community Center - the seniors at this community center requested the city install outdoor exercise equipment to increase health and mobility around the turf area located outside the multi - purpose room. Staff anticipated people of all ages would enjoy this equipment and hoped to expand the application throughout the park system; estimated cost of $100,000. • Brookhurst Community Center had both long and short-term needs with the short term needs requiring improvements to the check -in area and additional shade on the patio, which would increase the usability of the center. Mr. Lowe remarked that in the near future development fees outside the PT would be greatly reduced at a time when the urban area was denser and the park system continued to age. The department had always sought alternative funding sources and in the 1980's, Mr. Lowe remarked he was responsible for coordinating the city's master planning process for facilities in west Anaheim with stakeholder input from a broad cross section of this region, a process that resulted in development of the new Haskett Library, the West Anaheim Youth Center and Police Station, a new fire station at Twila Reid Park, the expansion of Maxwell Park into the Edison easement, and the walking and biking trails in the Carbon Creek and Edison Right -of -Ways. The expansion of the Brookhurst Community Center accommodated senior citizen and special population needs and was the only project in the study not yet completed. This project, he added, would benefit the community and the senior and special needs population and would give the west side a facility that was badly needed; however those improvements remained out of reach without an innovative funding strategy. He noted it was nearly funded when the city was in the final submittal process for a Prop 84 grant with two projects, the Brookhurst Community Center Expansion and the Tiger Woods Learning Center and ultimately the Learning Center won the grant award. Similarly, La Palma Park and Glover Stadium, which originally opened to the public as the city's second park, had the potential to be developed as a more active sports park in response to the great demand for these facilities in Central Anaheim rather than the largely passive space that City Council Minutes of March 25, 2014 Page 7 of 19 most of this park currently provided. It could easily be designed to continue as an excellent special events site for large annual festivals while meeting the sports needs of the youths of central Anaheim, however, the cost to do so, he remarked, prevented staff from bringing this vision to reality. Mayor Pro Tern Murray commented that an extraordinary amount of parks and community spaces had been entitled through supplemental funding over the last couple of budget cycles, thanking staff for maximizing state, local, and other federal funding opportunities. She inquired whether a sports field near the Honda Center was still being pursued with Mr. Lowe responding that the Ball Road Basin was a once in a lifetime opportunity and staff was currently working through that process. He noted the energy company had a contract with Orange County Water District for another couple of years but that staff continued to express their support for a sports field. Council Member Kring was appreciative of the proposed dog parks while acknowledging there should be one in the west and south areas of the city as well. She also remarked residents had requested benches, which had been removed from Stoddard Park and that the trees that had died be replaced with Mr. Lowe indicating he would get back to Council with a report. Mayor Pro Tern Murray remarked that she and Diane Singer of Orange Unified School District, would like to work with staff to create a memorial for K -9 officers in the city and that a dog park seemed appropriate for a privately funded memorial, asking that Mr. Emery agendize that for a future meeting. Council Member Brandman asked what the funding status was for the Brookhurst Community Center improvements. Mr. Lowe responded the city was given a gift in the 80's for the planning of a new therapeutic center and those funds were still in the Community Services Foundation. He remarked that site could be expanded to the north and the west, already contained significant parking spaces and consolidating the uses at the therapeutic center was planned by moving a 100 year old farmhouse off Maxwell Park and onto Brookhurst. The site would also see the eventual replacement of the moonscape playground into an adaptive play park that could be used by those in wheelchairs and walkers, a more efficient use by including all uses on one campus. He emphasized it hadn't happened yet because the funding was in the millions of dollars. Mr. Lowe added he would update that estimate for council's information. Council Member Brandman asked if Brookhurst improvements were possible by reprioritizing funding by the end of the decade with Mr. Lowe responding projections showed there would not be enough residential development between now and the end of this decade and if all the funds were lumped into one project, there would still be restrooms, playgrounds, irrigations systems all over the city that must be addressed, because infill dollars fixed many of the small problems throughout the city. Discussing La Palma Park, Mr. Brandman indicated there had been some discussion about engaging the largest client of Glover Stadium, the school district, to determine their priorities since it was known they were considering a school bond. Mr. Lowe remarked, other than a conceptual plan, the Redevelopment Agency originally had funds earmarked that would have replaced the natural turf with synthetic turf, but with the loss of the Agency, staff now continued a high standard of maintenance to ensure the turf was safe for high school baseball players. Since the stadium was only used a couple of days a week, there was a lot of downtime to allow staff to keep it at the level it was today. Mr. Lowe added he did share with the school district the possibility of getting future funds for the synthetic turf because he wanted to ensure they were supportive of City Council Minutes of March 25, 2014 Page 8 of 19 that change, and he remarked, they were. Once implemented, the general public could use the stadium seven days a week to maximize its revenue potential to help offset the operational cost. Mr. Lowe indicated he had not reached the point as to whether the Districts would contribute funds toward that improvement, although he did inquire whether they would prefer a separate football and baseball stadium on behalf of Council Member Brandman's earlier request with the answer given that the facility was adequate as is, although the District would appreciate more use of it. Mr. Lowe pointed out another issue; once the structure of La Palma Park was changed, it would trigger ADA mandates increasing the cost of the project. In the long term, he felt the needs would still be there and this facility should stay on the list for funding opportunities in the future. Council Member Brandman remarked that given the school district's use of Glover and the potential for soccer fields on that sight, he suggested Mr. Lowe discuss this with the school district to suggest a partnership in light of their proposed bond issue to move this project forward in the next three years with Mr. Lowe concurring. Mayor Tait appreciated the great condition of Glover Stadium, indicating the department may want to reprioritize projects and consider grants related to water or energy conservation as potential funding mechanism. He added that Little League organizations carried their own baseball mounds for Boysen Park, suggesting staff discuss this with the Sports Council to see if permanent mounds were possible. Mr. Lowe suggested staff look at that from a field -by -field basis to make sure there were no unintended consequences from constructing permanent mounds. Mayor Tait then inquired if the Tennis Center was off the drawing board, with Mr. Lowe responding it was part of the Platinum Triangle area and at this point there were several other projects prioritized above the Tennis Center. Mayor Tait also requested a copy of the Tennis Center operator's contract and inquired if there would be a restroom in Little People's Park with Larry Pasco, Community Services Department, confirming that at the last community meeting, the vote was overwhelmingly to reject the proposed restroom due to safety concerns. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Cecil Jordan Corcoran, Outreach Homeless Ministries, addressed personal matters unrelated to the closed session items. 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, Pacific Coast Investors, LLC, City of Anaheim City Council Minutes of March 25, 2014 Page 9 of 19 Under Negotiation: Price and Terms of Payment Regarding Lease At 5:15 P.M., Council returned from closed session. INVOCATION: Kaushik Patel, Gayatri Consciousness Center FLAG SALUTE: Council Member Lucille Kring ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming March 31, 2014, as Cesar Chavez Day Proclaiming March 2014, as National Athletic Training Month Proclaiming March 31, 2014, as Major League Baseball Opening Day Proclaiming April 6, 2014, as Walk for Kids Day Proclaiming April 1, 2014, as National Service Recognition Day Alisha Smith, ATvantage Athletic Training and Dale Miller, Anaheim Unified High School District certified athletic trainer, thanked the city for recognizing National Athletic Training Month. Mr. Miller stated the school district currently employed trainers as teachers and outside staff who worked closely with ATvantage Athletic Training to ensure high school students had certified trainers available to them and urged the city to support the state assembly bill requiring athletic trainers to be licensed. Ernesto Medrano accepted the proclamation for Cesar Chavez Day, speaking of his personal relationship with Mr. Chavez, an advocate of non - violence in his successful fight to get farmworkers the right to collective bargaining. Mr. Medrano remarked that although Anaheim City Council had passed a resolution supporting immigration reform, that reform had not yet been enacted and there was still work to be done. Greg Ericksen, Corporation for National Community Service, announced that on April 1St mayors from across the country would be recognizing the impacts of Americorp and SeniorCorp volunteers who made a difference in people's lives, daily. Specific to Anaheim, he thanked ACCESS California, one of Americorp grantees, an organization that promoted self- sufficiency in underserved communities with an emphasis on Muslim and Arab American populations. John Carpino, speaking on behalf of the Angel's Corporation, thanked the city for recognizing major league baseball opening day, remarking the club was looking forward to 2014 season with the freeway series beginning Saturday night against the Dodgers and on March 31S against the Seattle Mariners. He added Angels Baseball Foundation was hosting a 5K run on March 29 to benefit the Angels Foundation, inviting the community at large to attend in support of an organization that had donated over $500,000 to Anaheim -based non - profit groups. Noel Burcellis, Orange County Ronald McDonald House with intern Jessica Castronuovo, announced the Walk for Kids Day, a fund - raiser to benefit the local Ronald McDonald's House. He stated their mission was to provide care, comfort and support to families with seriously ill children. She shared that last year over 2,600 guests stayed at the house, many from local surrounding areas and some from international countries here because of the Children's City Council Minutes of March 25, 2014 Page 10 of 19 Hospital of Orange County (CHOC) facility. He encouraged the community to participate and support this mission with details to be found on their website. At 5:35 P.M., the Anaheim Housing Authority was called to order (in joint session with the Anaheim City Council). ADDITIONS /DELETIONS TO THE AGENDAS City Clerk, Linda Andal announced staff's request to continue Item No. 16 to April 1. With the consent of Council, Mayor Tait continued Agenda Item No. 16 to April 1, 2014 as requested by staff. TRANSPORTATION CORRIDOR AGENCY (TCA) UPDATE: Lisa Telles, Chief Communication Officer, presented a PowerPoint presentation providing details on changes coming up for California toll road travelers. She reported the TCA managed the toll road system that included the 73, 133, 241, and 261 state routes, the largest network of routes in the state that also included the SR91 express lane using a transponder as a method of payment. In May, she reported, cash collection was being eliminated as a result of a three year study which revealed customers did not want to stop at a toll booth, a trend that was occurring throughout the country. She emphasized nearly 250,000 people used the toll roads each day and about 83 percent used the express lane transponder as a method of payment. The toll roads would be converted to all electronic tolling with four new methods of payment being introduced and for the more than 80 percent of toll road drivers who already paid electronically using FasTrak, the conversion to all electronic toll collection would be seamless and uneventful. With five ways to pay tolls (FasTrak, three new Express Account types, and a One - Time -Toll option), TCA offered a payment method that would work for every driver, no matter their method of payment. 1) For the 91 express lane transponder, travelers would pay the lowest tolls on the toll roads and the transponder allowed travelers to drive and pay tolls electronically on any tolled bridge, lane, or road in California. Accounts could be replenished using credit card, cash, or check and the $2 monthly maintenance fee would be waived for each $25 incurred on the toll roads. Those who used the transponders every day would have a lower toll with the monthly fee waived if the traveler used it three trips a month. 2) Express Account — Prepaid — the prepaid tolls would be charged based on a reading of the license plate at a tolling location and accounts could be replenished using a credit card, cash or check, with no transponders needed. The account would be valid to pay tolls on the 73, 133, 241 and 261 state routes. 3) Express Account — Charge: A credit card would be charged every day a traveler passed through a tolling location based on the license plate, with no transponder issued and the account valid only on tolls on the 73, 133, 241 and 261 state routes. 4) Express Account — Invoice — Participants would receive a monthly invoice itemizing accumulated tolls based on license plate readings at tolling locations, with no transponder issued and valid only on SR 73, 133, 241 and 261. 5) She explained there was also an option for visitors, a one -time toll which allowed visitors to drive on the toll roads and post -paid within 48 hours on line or through TCA's mobile app. She reminded the community that purple was the color for tolling nationally and if travelers were anywhere in the country, they should pay attention to the lane color identification, in case it was purple. She added there was a one -time offer which would end this weekend, and if participants City Council Minutes of March 25, 2014 Page 11 of 19 signed up for either an Express or FasTrak account before March 31S an additional $30 would be put into the traveler's account. She reiterated, if vehicles had a transponder, there was no action to take; the transponder could be used for other toll roads throughout California. CITY COUNCIL COMMUNICATION: Council Member Kring remarked she made a careless insensitive statement in an online news group that did not reflect her true values, apologizing unreservedly for the statement she had made earlier. PUBLIC COMMENTS (all agenda items): City Clerk, Linda Andal, offered guidelines for members of the public who wished to comment. Cecil Jordan Corcoran, Outreach Homeless Ministries, provided details on the status of his anticipated biblical magazine. Mark Daniels, resident, encouraged the community to come together and to end the divisiveness that continued to separate the community with each incident that involved a fatality caused by law enforcement. Bob Walters, Freight Management, expressed his efforts to get Republic Waste Management to return his dumpsters to an enclosure on their site, to meet the city's regulations and address urban blight. Mayor Tait requested the City Manager look into this and update the Council. Daniel DeMeyere, spoke of issues arising from the Brookhurst Street Improvement project, especially tagging concerns at the railroad site, the bus shelters and other areas, providing photographs to verify his complaints. Mayor Tait requested the City Manager address these concerns with the graffiti removal company. Jasmine West, resident, remarked the City Attorney examined her case of cyber stalking and determined the case could not be proven beyond a reasonable doubt. She explained how she and her mother had been victimized, believed they had been discriminated against and had their civil rights violated. She again asked the city for assistance. Mayor Tait requested the City Manager and City Attorney look into this matter and report back. Michael Houston, City Attorney, responded that prosecutions by the city attorney's office were done in the name of the people of the State of California, and as a result when the city attorney's office investigated and either decided or declined to press charges or file criminal complaints, it did so in the name of the people of the State of California and it was not appropriate for the City Attorney to report back to Council on a matter like this. Mayor Tait appreciated Ms. West's comments, indicating the City Attorney was independent from Council on these matters. Michael Buss was appreciative of the volunteer recognition event hosted at The Grove of Anaheim last week and for the city's support. He addressed the comments made by Jasmine West, remarking he had known her since she was 12 and that both she and her mother were people of high moral standards and great integrity and yet had become the victims of harassment. He remarked they were having a difficult time and the harassment should be investigated by the police department or attorneys to find a remedy. Mayor Tait remarked the police department would continue to follow up on this matter. Renee objected to Chief Quezada's remarks following the recent police - involved fatality. She followed this statement by naming officers she considered to be a liability to the city. City Council Minutes of March 25, 2014 Page 12 of 19 Sonia Hernandez, Young Survivors Legacy Support Network, spoke of her brother's death, Police Chief Quezada's remarks, and why family members established the Young Survivors organization as a way to help the kids in the neighborhood find a better path. She stated families wanted justice and answers because without that, there would never be peace for them. John Dunton recognized the Anaheim Fire Department for their fast response time and thanked Firefighter /Paramedic Craig O'Hara for his quick actions when Mr. Dunton collapsed several months ago. James Robert Reade read statements from his website, www.manuelanaeldiaz.com, that specifically called out alleged gang members, families, and behaviors in a provocative manner. The mayor called the chambers to order, apologizing for the comments made and asking Mr. Reade to be civil and respectful in his comments. Mr. Houston confirmed that both the city and state code concluded that not only was a speaker's privileged constitutional right protected, it was immune from liability. David Ramirez, Young Survivors, remarked there were statements made after this recent shooting that reflected an attitude that a certain class of people did not count, not only in Anaheim but in Orange County. He advised that attitude would change by electing representatives who reflected Anaheim's diversity. He was disturbed by the city's inability to stop slanderous and incendiary comments during meetings and that the troubled law enforcement system had no options for young men to rehabilitate themselves. Genevieve Huizar read the names, ages and circumstances surrounding the death of 12 young men who lost their lives through officer involved shootings. She voiced her anger over the death of her son and the other young men. Dr. Michael Moutrief, teacher, spoke on behalf of Jasmine and Nancy West, stating as a character witness he had knowledge of Jasmine being the recipient of unwanted, salacious emails and a web site that used her name was false and threatening in its content. He asked the city to protect minors from these types of cyber threats. Mayor Tait requested Deputy Chief Harvey look into this matter again. Michael Baker, Boys and Girls Club, thanked the City for its continued support and spoke of the success of his recent fundraiser. He stated the organization would continue its outreach efforts to expand into as many priority neighborhoods as possible operating on a seven day a week basis. Richard Adams, resident, requested Agenda Item 21, be pulled from the consent calendar as he would like to understand the goals, plans, and objectives of the program. Joanne Sosa invited the public to a town hall forum on the 31 st to speak about the homeless outreach task force and Anaheim city services, to be held at the ESCRI address on East Street. Jim La Pointe, American Indian Movement, remarked his organization was helping to start a Cop Watch program in Anaheim to hold police officers accountable for their actions and behaviors and would also be pushing for a proposal to require officers wear cameras similar to the pilot program utilized in the city of Rialto. Donna Acevedo, resident, spoke out against the death of Robert Moreno Jr. by Anaheim police officers and how it impacted her and the community. She addressed Chief Quezada's City Council Minutes of March 25, 2014 Page 13 of 19 leadership, Council Member Kring's remarks after the fatality, and the selection process for members of the proposed Public Safety Board. Carlos Becerra, speaking on behalf of Liberated Youth, remarked the community was taking a stand on police brutality aimed at Anaheim's youths through the Cop Watch initiative. An unidentified speaker announced that residents and allies had organized and would be filming Anaheim law enforcement personnel. An unidentified speaker spoke to the upcoming election process and probable outcome. Linda Labatos, resident, expressed distress over the recent shooting fatality and subsequent insensitive remarks made by a city official. Theresa addressed her comments to the proposed Public Safety Board, the need for police officers to use cameras while on duty and Council Member Kring's remarks. Theresa Smith expressed sorrow to the family of Robert Moreno, Jr. and anger over remarks that followed his death. Greg Diamond announced Anaheim was being sued over the approval of the Anaheim Convention Center bonds and as part of that suit, he was seeking the elimination of the Anaheim Public Financing Authority. He discussed summary execution and its application to earlier statements made regarding the death of Robert Moreno Jr. and the need for police officers to wear cameras during the course of work. Zia spoke of her personal background and challenges and the difficulties facing those who could not break out of the continuing spiral of poverty. Mary Daniels, resident, remarked times were changing and more individuals, groups, and government bodies were demanding transparency relating to police brutality and officer - involved fatalities. She reported Los Angeles had a system to review internal sheriff's reports regarding shootings and the California Supreme Court was also pressing the city of Long Beach to name officers involved in shootings. Regarding the Public Safety Board, she felt nothing of substance was addressed in the document creating the board and that Anaheim must make officers accountable and should do it immediately. An unidentified speaker talked about her life growing up on Balsam Avenue, a rundown area with graffiti, roaches, and rats, asking why her side of Anaheim lacked city resources while other neighborhoods enjoyed those benefits. She remarked her community was angry because nothing changed and they wanted a better life for their children. Aline King, a member of Justice Warriors, a group of family members of victims of police brutality who were coming together to bring awareness to the plight of people of color, talked about the Cop Watch program being enacted in Anaheim. Brian Chuchua invited the community to visit Grover Field on Friday, Saturday, Monday and Tuesday to watch 78 high school teams participating in a high school baseball tournament. City Council Minutes of March 25, 2014 Page 14 of 19 William Fitzgerald emphasized the importance of free speech, remarking without it, there would be no opportunity for the community to vent its anger. He then made certain allegations about supporters of the Anaheim Convention Center expansion. Wendy Ortiz, resident, remarked she would also be part of the Cop Watch community -based police accountability program stating the group was being very transparent in their proposed actions because they wanted to make sure they were safe and would not be the recipients of retaliation by those officers. Ms. Paulis remarked he lived in Ponderosa area and those residents had been Cop Watching for some time. He explained the impacts when youths who violated probation were taken away for months at a time, missed school which resulted in 15 to 20 year olds who were illiterate with no prospects for the future. COUNCIL COMMUNICATIONS Mayor Tait responded to comments regarding retaliation and the need for decorum during a Council meeting. He assured the public that nobody would be retaliated against by exercising their right to speak. CITY MANAGER'S UPDATE None At 7:10 P.M., council session was recessed to consider the Housing Authority agenda, reconvening at 7:11 P.M. CONSENT CALENDAR: Council Member Kring removed Item No. 13 from the consent calendar for further discussion with Mayor Tait pulling Item No. 21. Council Member Kring then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, in accordance with reports, certifications and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member Eastman. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 5. Receive and file minutes of the Parks and Recreation Commission meeting of January 8105 22, 2014, Sister City Commission meeting of January 27, 2014, Library Board meeting of February 10, 2014 and Community Services Board meeting of February 13, 2014. D117 6. Approve the Investment Portfolio Report for February 2014. 7. Appoint Phillip Campanelli, representing the business sector, and reappoint Janet Coe, representing the public sector, to the Anaheim Workforce Investment Board to four -year 6105 terms, ending March 24, 2018. 8. Accept the 2013 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. 9. Accept the lowest responsive bid from Geary Floors, Inc., in an amount not to exceed D128 $143,040, for wood floor replacement services for the Brookhurst Community Center, in accordance with Bid# 8083. City Council Minutes of March 25, 2014 Page 15 of 19 10. Accept the lowest responsive bid from Howard Ridley Company, Inc., in an amount not D155 to exceed $129,978, for repair services for the City Hall parking structure, in accordance with Bid# 8105. 11. Award the contract to the lowest responsible bidder, Arizona Pipeline Company, in the AGR -8018 amount of $3,610,000, for the Underground District No. 62 Miraloma Way project, Phase 1 Construction, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 12. Award the contract to the lowest responsible bidder, California Professional Engineering, AGR -8019 Inc., in the amount of $227,460, for the Lincoln Avenue and Westchester Drive Traffic Signal System Improvement Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 14. Approve the Final Map and Subdivision Agreement with Brookfield Anaheim Blvd, LLC for Tract No. 17350 located at 518 -538 South Anaheim Boulevard to construct a 2 -lot, AGR - 5964.1 40 -unit condominium project that will include four affordable units. 15. Approve the Assignment and Assumption Agreement and Release with Clark AGR - 7317.0.1 Construction Group and Vector Foiltec for the warranty for the ETFE roof system for the Anaheim Regional Transportation Intermodal Center. 16. Approve the Grant Deed and Purchase and Sale Agreement, in the amount of $75,000, Al23 with Gateway Apartments II, LLC and Sangster Family Limited Partnership (Sangster) for the purchase of city -owned property adjacent to 2020 East Orangewood Avenue and 2112 South State College Boulevard and authorize the Public Works Director, or her designee, to execute other documents, as required, to finalize conveying the land to Sangster. This item was continued to April 1, 2014 as requested by staff. 17. Approve and authorize the Planning Director to execute the Third Amendment to AGR- 7053.A.3 Agreement with Jon S. Traw, P.E., increasing the agreement amount by $100,500 for consulting services for the Planning Department. 18. Approve Professional Services Agreements with six consulting firms for as- needed AGR -8021 AGR consultant support in the areas of planning, traffic engineering, parking, and architectural -8022 design review and authorize the Planning Director to execute the individual Agreements AGR -8023 and other related documents necessary to implement the agreements (Iteris, Inc., AGR -8024 Kunzman Associates, Inc., Lilley Planning Group, LSA Associates, Inc., M. Arthur AGR -8025 Gensler & Associates, Inc., and, RRM Design Group). AGR- 4860.A 19. Approve and authorize the Public Utilities General Manager to execute and take the necessary actions to implement and administer a Water Education Agreement, and any AGR- 2726.D related documents, with the Municipal Water District of Orange County, in an amount not to exceed $70,000 with an additional $10,000 contingency, for a grade- specific water education program to public and private Anaheim Kindergarten through 5th grade students. 20. Adopt the updated Renewable Portfolio Standard Policy (RPS Policy) which includes the D182 Enforcement Program and an update to the renewable energy resources procurement City Council Minutes of March 25, 2014 Page 16 of 19 plan and authorize and direct the Public Utilities General Manager, or designee, to prepare, execute, and submit any and all documents as are necessary or advisable to implement the RPS Policy, as updated, consistent with the mandates of state law. 22. RESOLUTION NO. 2014 -048 A RESOLUTION OF THE CITY COUNCIL OF Pilo THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA 2013- 00263) (Public hearing scheduled for April 22, 2014). 23. RESOLUTION NO. 2014 -049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM expanding Permit - Eligible Parking District No. 6 and D175 designating Simmons Avenue from Haster Street to the west end of street as 'Permit Parking Only" street within Permit - Eligible Parking District No. 6 and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(B)(3). 24. RESOLUTION NO. 2014 -050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM finding that it is in the best interest of the City to authorize the AGR -8027 sale of city owned property located at 2123 West Sunrise Avenue and authorize the City to enter into a Purchase and Sale Agreement with Masciel Family Trust A, dated March 9, 1998 (ABA2010- 00185). 25. RESOLUTION NO. 2014 -051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain city records more than D160 two years old (Police Department). 26. RESOLUTION NO. 2014 -052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms D154.1 and conditions of employment for employees in glassifications represented by the D154.2 Anaheim Municipal Employees Association, Clerical Unit. RESOLUTION NO. 2014 -053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the Anaheim Municipal Employees Association, General Unit. 27. ORDINANCE NO. 6298 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim c2so Municipal Code relating to zoning (Reclassification No. 2014 - 00260; 1771 South Brookhurst Street) (rezoning this property from the General Commercial zone to the Single - Family Residential zone). D114 28. Approve minutes of Council meeting of February 25, 2014. END OF CONSENT CALENDAR D116 13. Approve holding a candlelight memorial service on May 19, 2014 to honor veterans and their families. City Council Minutes of March 25, 2014 Page 17 of 19 Council Member Kring requested the May 19 date be changed to May 17, 2014, Armed Services Day, seconded by Council Member Eastman. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried. 21. RESOLUTION NO. 2014 -047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the acquisition of a 3.073 -acre (approximate) AGR -8026 unimproved parcel of real property known as Assessor's Parcel Nos. 073 - 083 -33 and 073 - 083 -34 in the City of Anaheim form Karcher Partners, LLC and determining that said acquisition is exempt from the provisions of the California Environmental Quality Act (CEQA) under section 15004(b)(2)(A) of the State CEQA guidelines. Kristine Ridge, Deputy City Manager, reported this item was for the adoption of a resolution to approve a purchase agreement permitting the city to acquire a three -acre parcel within city limits. She emphasized it was only for the purchase of the property, and that no use for that site had yet been determined, adding that should a future use be proposed, it would return to Council for final action. Council Member Brandman moved to approve RESOLUTION NO. 2014 -047 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the acquisition of a 3.073 -acre (approximate) unimproved parcel of real property known as Assessor's Parcel Nos. 073 - 083 -33 and 073 -083- 34 in the City of Anaheim form Karcher Partners, LLC and determining that said acquisition is exempt from the provisions of the California Environmental Quality Act (CEQA) under section 15004(b)(2)(A) of the State CEQA guidelines, seconded by Council Member Kring. AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried. 29. Discuss and review the existing contract for advocacy services with Sloat Higgins AGR- 2781.A Jensen & Associates and direct staff to take any such actions relating to the contract, as necessary. Greg Garcia, Deputy City Manager, reported at the direction of Mayor Tait, staff was asked to bring forward for review the city's contract for state advocacy services with Sloat, Higgins, Jensen and Associates. He stated the City had used this firm since 2003, renewing the contract in December 2011 for a one year term, with the option to renew for two additional one year terms, adding that the current contract was set to expire on December 31S of this year. Mr. Garcia remarked that Moira Topp had served as the city's primary advocate responsible for the day -to -day advocacy work and contact with city staff. Her services included representation with the legislature, the Governor's office, state agencies and key legislative staff. He outlined the specific goals and objectives within the contract. This February, he remarked, as a result of allegations from a civil lawsuit by a former Sloat employee against the firm for wrongful termination, the Fair Political Practices Commission (FPPC) fined Kevin Sloat and Sloat, Higgins Jensen & Associates for violations to the Political Reform Act by making non - monetary campaign contributions to elected state officers and candidates for elected state office as well as arranging for gifts to state legislatures that exceeded the gift limit for lobbyists. He indicated Mr. Sloat worked cooperatively with the FPPC through the investigation and took steps to ensure future compliance with Political Reform Act. During this time, Moira Topp continued to assist in the strategic legislative program, work that City Council Minutes of March 25, 2014 Page 18 of 19 had been important to Anaheim in the navigation of the legislative process and to achieve some of the city's strategic goals in the state. Mr. Garcia indicated the city recently learned Ms. Topp would be separating from the firm and forming her own independent lobbying firm, adding Council now had another option to consider, that is, pursuing a new independent agreement with Ms. Topp in consideration of the number of issues in which the city was involved. Mayor Tait remarked that he recognized this firm had been an effective lobby for Anaheim over the years but he understood this fine was one of the largest in history levied on a lobbying firm in California and he did not feel it was appropriate for the city of Anaheim to continue with this firm and moved to terminate the contract and follow that up with a Request for Proposal for another firm, seconded by Council Member Eastman. Ms. Eastman stated that the city was in the beginning of a legislative session and that it might be beneficial to Anaheim to continue its relationship with Ms. Topp possibly on an interim basis. Council Member Brandman asked if the Mayor would be willing to amend his motion to consider entering into discussions with Ms. Topp regarding a possible interim agreement while staff pursued the RFP process. Mayor Tait remarked it would make better sense to direct staff to search for the best replacement on an interim basis and let staff have that discretion. Mr. Emery remarked there was a 30 day notice required in the contract to give Sloat, Higgins and Associates notice of termination which would offer staff the time to consider a new lobbyist. Mayor Tait moved to terminate the contract with Sloat Higgins Jensen & Associates, within the bounds of the contract, and directed staff to find a qualified replacement, seconded by Council Member Eastman. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray). NOES — 0. Motion Carried. 30. Appoint a representative to the Community Services Board to complete an unexpired B105 term ending June 30, 2016. Community Services Board Appointment: Linda Barnett (June 30, 2016) (unscheduled vacancy of Frances Noteboom) Council Member Eastman nominated Linda Barnett to the Community Services Board, seconded by Mayor Pro Tern Murray with Council Member Kring nominating Olivia Marsh. Roll Call Vote for Ms. Barnett reflected AYES -4: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) ABSTENTION — 1: Council Member Kring. Council Member Kring withdrew her nomination and Ms. Barnett was unanimously appointed to the Community Services Board. REPORT ON CLOSED SESSION ACTIONS None COUNCIL COMMUNICATIONS Council Member Eastman spoke of her attendance at the Boys and Girls Gala fund - raiser. She announced the Relay for Life event in June, the 13th MEU Adoption Committee's 2014 Easter Drive and the Library Foundation mystery author luncheon and silent auction on April 6th Council Member Kring spoke of her attendance at the Boys and Girls Gala fund - raiser, Saint Catherine's 125 anniversary celebration, the 5 KaBOOM Park at John Marshall Park and the City Council Minutes of March 25, 2014 Page 19 of 19 Bark for Bruno event. For those who were concerned about no programs for kids after school, Ms. Kring pointed to Cops for Kids, Anaheim Achieves, Ponderosa School and Playground, and Anaheim's library system, all offering after school programs for youths. Mayor Pro Tern Murray highlighted the Park System Overview workshop, encouraging citizens to review the information online and see what the city had earmarked for the future. She requested staff develop a program to recognize employees for their dedicated service to the community and start recognizing those employees who were front line responders for everyday calls for service. She acknowledged the KaBoom build day with hundreds of volunteers updating the John Marshall Park playground, congratulated St. Catherine's on their 125` anniversary, and spoke of the Boys and Girls Gala, a fundraiser that offered a breadth of programs helping children in Anaheim citywide. Ms. Murray then touched on the recent tragic events, encouraging the residents to come together and support the community and its police department. Council Member Brandman announced the 13th MEU Adoption Committee's 2014 Easter Drive and offered contact information for those who wanted to participate. Mayor Tait spoke of the recent events that occurred and emphasized now was the time for the community to come together. He expressed his support for the community and the police department. ADJOURNMENT With no other business to conduct, Mayor Tait adjourned the March 25, 2014 meeting at 7:51 P.M. i spec ully submitted, Linda N. Andal, CIVIC City Clerk