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2014/07/15ANAHEIM CITY COUNCIL REGULAR MEETING OF JULY 15, 2014 AND REGULAR ADJOURNED MEETING OF JULY 15, 2014 The regular meeting of July 15, 2014 was called to order at 3:00 P.M. in the chambers of Anaheim City Hall located at 200 Anaheim Blvd and adjourned to 3:30 P.M. for lack of a quorum. The regular adjourned meeting of July 15, 2014 was called to order by Mayor Tait at 3:34 P.M. The meeting notice, agenda and related materials were duly posted on July 11, 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 AND ECONOMIC DEVELOPMENT UPDATE — THE FUTURE WITHOUT REDEVELOPMENT Director of Community Development John Woodhead introduced the workshop with a brief promotional video of downtown Anaheim, showing the evolution of a 30 year process to resurrect a vibrant, flourishing downtown and the effort to fulfill a promise made to the community. The Guide for Development of the Greater Downtown contained master plans that directed the development over the years as seen in its civic uses, pedestrian - friendly streets and improved landscaping, public art, and a thousand new urban residential homes. With the opening of the Packing House on Memorial Day, the downtown was believed to have the necessary resources to thrive and evolve for the future and become one of the prominent features supporting the Resort. Mr. Woodhead explained that economic development in Anaheim took many forms over several decades, from public /private partnerships with Disney to create the Anaheim Resort, with Angels Baseball to create Angel Stadium and with the Anaheim Ducks to create the Honda Center. He noted that from time -to -time the city established economic assistance programs targeting automobile dealerships and upscale hotels and emphasized a business - friendly environment by expediting the building permit process along with expanding infrastructure to support new development by the Redevelopment Agency, Public Works and Public Utilities departments. The goal, he stated, was to attract private development in order to generate jobs and tax revenue for the city and in conjunction with that effort, public and community gathering spaces were created as well, which was important since neighborhoods did not generate tax revenues sufficient to provide for their necessary services and support. Mr. Woodhead indicated the most recognizable example of economic development for community investment was the Anaheim Resort, an area that generated about $45 million in net revenue for the city's general fund and accounted for nearly 20 percent of all general fund services. He stated a decade's long effort to redevelop the downtown had seen the construction of City Hall West Tower, the AT &T building, Anaheim Ice, Disney Travel, as well as the Center Street retail space and its 465 CIM residential units. In addition, Brookfield's 700 Colony Park residences were built, the Domain's 100 urban townhomes and flats were constructed and the LAB's repositioning of Center Street was completed. He added the heart of the city was now reestablished with an emphasis on City Council Minutes of July 15, 2014 Page 2 of 24 celebrating the past and reestablishing the historic neighborhood fabric that distinguished the area in the 1930's and 40's. REDEVELOPMENT AGENCY DISSOLUTION IMPACTS Mr. Woodhead stated that one of local government's primary economic development tools had been the Redevelopment Agency and with its dissolution, the city lost an annual revenue stream of $47 million and more than $1 billion over time. He emphasized that loss was significant; however, the city had been able to secure 33 acres of property worth in excess of $35 million for the Housing Authority, along with a loan portfolio in excess of $15 million, an annual revenue stream nearing $2 million, and $40 million in restricted revenues all for the purpose of affordable housing development. He pointed out the city was in a battle with the State Department of Finance (DOF) over the retention of an additional 97 acres of property worth over $100 million, as well as proceeds to be derived from the sale of those lands for the implementation of Anaheim's redevelopment plan, a fight he believed would eventually be won by the city. He explained the city was the beneficiary of nearly 11 percent of the former Redevelopment Agency's tax increment not needed to satisfy the agency's debt. More importantly, he explained, the overwhelming success of Anaheim's first redevelopment project, incorporating the Canyon and the downtown, served as an example that successful economic development should follow three simple principles: to create and follow a broad comprehensive plan for the types of development to encourage; to recognize and honor the fact that consistent implementation of the plan by the public and private sectors would take time; and to recognize and address those instances in which it made no economic sense for the private sector to implement the plan without public sector assistance. In alignment with those principles, Anaheim already established several comprehensive plans, i.e. the General Plan, various specific plans, transportation, infrastructure and utility plans, redevelopment plans, public safety plans, and a guide for development and priority neighborhood revitalization plans. He added staff was currently putting together a specific plan for Beach Boulevard with input from the west Anaheim community to further refine development goals for that area. He noted those plans intersected in many areas of the city to form comprehensive plans and where they intersected was where the most important development opportunities should be exploited and in many instances, those comprehensive plans had been implemented over the course of many years. Millions of dollars had been invested in public infrastructure in the Anaheim Resort, the Canyon area, downtown, and in west Anaheim where over $100 million had been invested over the last decade alone. In addition, tens of millions of dollars had been invested in priority neighborhoods such as Paseo Village (formerly the Romneya neighborhood), Hermosa Village (formerly Jeffrey Lynne area), and the Arbors at Vintage Crossings, formerly known as Avon Dakota. In other instances, he stated, Anaheim's public investment in implementing comprehensive plans was sufficient to encourage private investment as seen by the ongoing growth of the Canyon area and an additional 1,500 three -star rooms was being developed in the Resort District with the downtown area looking at private sector initiated housing developments at Anaheim /Lincoln and Anaheim /South Street. City Council Minutes of July 15, 2014 Page 3 of 24 Mr. Woodhead remarked that redevelopment in general was based on the belief that the private sector acting alone could not eliminate blight in certain parts of the community and that the revitalization of Anaheim's priority neighborhoods required significant public investment. In addition to providing enhanced services in those neighborhoods, several million dollars in public assistance was required to induce private development in Paseo Village, Hermosa Village, and the Arbors at Vintage Crossings. Even in the Resort, he emphasized, the city's ability to use various public resources helped stimulate large private investment as seen by the expansion and repositioning of the Disney Resort properties and the hotel development currently underway. CURRENT ECONOMIC AND COMMUNITY DEVELOPMENT RESOURCES: Mr. Woodhead emphasized the Anaheim Resort remained the primary economic engine of the city and the most significant generator of net revenue to the general fund for general services supporting all communities. He added the investments in the Resort that began in 1996 to revitalize the city's tourist - serving infrastructure and expand the industry paid huge dividends by nearly doubling TOT revenues over the last decade. He added, those efforts should continue through the expansion of the Convention Center and the construction of ARC. Over the last ten years, staff also attempted to attract the development of a new upscale hotel market in the Resort because it was believed that the revenue per acre of a three -star hotel could triple while not putting at risk the success of existing hotels. What was missing from this mix, he stated, was the development of hotels with a four - diamond rating, indicating it was apparent that the current Resort District could not support private development of such hotels without additional public investment. One option, he stated, was to revisit policies giving careful consideration to ensure fiscal incentives did not burden existing taxpayers or the general fund, but instead offered a positive net return to the city. Recently, he remarked, the city took action to enhance Resort revenues by approving economic assistance agreements for two upscale hotels at GardenWalk. Separate from the Resort District, Mr. Woodhead explained, the disappointing sales tax generation of automobile dealers was also being addressed through the recently adopted auto dealership economic assistance program as a way to grow general fund revenues. Staff would also be exploring whether the existing dealers might consider establishing a self- assessing business improvement district as a method to enhance their business and increase sales. An opportunity had been presented by the state to establish a new revenue stream by the creation of a messaging platform involving high definition displays along the 57 corridor. This platform could be extended in various forms to other targeted and limited areas in the city for purposes of enlivening public spaces, entertaining, and informing residents and visitors and, he pointed out, preliminary estimates indicated the platform could be financially beneficial to the City. Mr. Woodhead commented the redevelopment legacy assets were already dedicated for the required public sector assistance necessary to continue the implementation of the redevelopment plan. He suggested the city should continue to invest the housing assets by constructing boulevard housing along Anaheim Boulevard and revitalizing priority neighborhoods. Additionally, after the city successfully gained control of the redevelopment properties, they should be developed in accordance with the City Council Minutes of July 15, 2014 Page 4 of 24 redevelopment plan and the proceeds used from property sales to finish efforts in the downtown, an exemplary economic and community redevelopment project that took years to complete and now had the private sector poised to continue the downtown redevelopment on its own. Mr. Woodhead concluded his presentation with a second promotional video and commenting that despite the loss of the Redevelopment Agency, there were exciting opportunities to continue the economic and community development in a post Redevelopment Agency era. Mayor Pro Tern Murray thanked staff for an extraordinary presentation that showed how two decades of hard work and commitment made Anaheim a shining example of how to do redevelopment right. She requested the video be made available on the city's website for the public to recognize the good work that was being done. Council Member Kring remarked there had been some talk of legislation bringing back redevelopment in Sacramento, with Mr. Woodhead responding that he looked forward to what may be proposed next year. Council Member Eastman asked if there had been any progress in the discussions with the DOF on some of the properties that were purchased long ago, such as the site on the corner of Lincoln /Beach Boulevard. Mr. Woodhead replied with respect to housing assets, staff had been waiting for the State Controller's Office to perform an audit on transfers related to those assets and could not get title to properties and transfer them to developers for housing until that audit occurred. He added within the last ten days, legislation was passed in Sacramento on a vote of 78:0 to remove the State Controller's Office from that aspect of oversight. On the Redevelopment side, the city had to perform certain actions that DOF agreed with and once done, the city was invited to submit to the DOF a long -range property management plan that addressed what the city intended to do within the framework of the law for all real property that the Successor Agency held, that is, the 97 acres worth over $100 million (i.e. Westgate, Anaheim /Ball, and Anaheim /SR 5). He stated the DOF had been sitting on it for the better part of a year and had no timeframe by which they needed to act. He indicated a recent bill had passed that extended the time before the fire sale of properties was mandated for an additional year. He emphasized there was really no compromise to be reached with the DOF and the city was waiting for them to take action so that a lawsuit could be filed. With regard to Westgate, Mr. Woodhead indicated remediation had been completed and removal of the gas extraction system was underway in an effort to ready the site for a developer in accordance with a plan incorporating the state agency regulatory demands. Mayor Tait commented there were some properties more important to the city than others which could be sold in order to get development moving, asking if that type of discussion had taken place with the DOF. Mr. Woodhead replied the DOF requested more information as they did not understand how the parcels corresponded with the city's property description and staff had been waiting for most of the year for a response. In terms of possible negotiation with the DOF on the parcels, he stated the properties the city acquired for development sites far outweighed those sites the city would be willing to relinquish in a fire sale. He added most of the parcels were developable sites and were purchased with that goal in mind. Mayor Tait inquired whether the proceeds of any property sale would go to the State with Mr. Woodhead replying that the legislation did not state that and if an entity was able to categorize properties as acquired and intended for government use, a city could transfer those properties outright to the city for City Council Minutes of July 15, 2014 Page 5 of 24 subsequent redevelopment in accordance with their plan and would be able to retain the proceeds to further implement the plan. He added the DOF disagreed with that premise and essentially that would be the essence of an eventual lawsuit. Mayor Tait asked about plans for Anaheim Boulevard. Mr. Woodhead stated staff should know within the next month whether or not those properties in the downtown slated for affordable housing were free to move forward. Other sites on Anaheim Boulevard were involved in the redevelopment situation and waiting for the DOF to approve or deny the plan. ADDITIONS/DEL TO CLOSED SESSION: None CITY ATTORNEY COMMENTS Michael Houston, City Attorney, reported pursuant to Government Code Section 54954.5(c) with respects to Closed Session Item No. 01 there are facts and transactional occurrences relating to an incident involving an employee /employer dispute that might result in litigation against the City which were presently known to the potential plaintiffs. PUBLIC COMMENTS ON CLOSED SESSION ITEMS Cecil Jordan Corcoran, Outreach Homeless Ministries, offered personal comments unrelated to the closed session items. At 3:12 P.M., the City Council recessed to closed session for consideration of the following items. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of the California Government Code Section 54956.9: One potential case 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the Government Code) Agency Designated Representative: Kristine Ridge, Jason Motsick Name of Employee Organizations: International Brotherhood of Electrical Workers, Local #47 3. 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 Under Negotiation: Price and Terms of Payment Regarding Lease At 5:09 P.M., Council returned from closed session. INVOCATION: Pastor Nigel Morris, Vineyard Church of Anaheim FLAG SALUTE: Council Member Jordan Brandman City Council Minutes of July 15, 2014 Page 6 of 24 PRESENTATIONS: Recognizing Nahla Kayali, Executive Director, Access California Services Mayor Tait congratulated Nahla Kayali for being recognized as a Caesar Chavez Champion of Change recipient, one of ten honored by President Obama for her services to new immigrants and refugees in America. Ms. Kayali remarked that all services had been provided in the city of Anaheim and in 2013, over 8,700 clients were helped to adjust to their new country through Access California Services. ACCEPTANCE OF OTHER RECOGNITIONS (TO BE PRESENTED AT A LATER DATE): Recognizing the 2014 Eid Festival Rida Hamida accepted the proclamation on behalf of the EID festival, remarking the holiday was to observe the end of the holy month of fasting, Ramadan, and would be held on August 2 -3, 2014, a time of peace and reflection for all. At 5:40 P.M., Mayor Tait called to order the Housing Authority for a joint public comment session with the City Council. ADDITIONS /DELETIONS TO THE AGENDAS: Staff requested Item No. 18, an amended lease agreement with Rancho Del Rio Stable, be withdrawn from the agenda. PUBLIC COMMENTS (all agenda items, except public hearing): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk, Linda Andal. Cecil Corcoran, Outreach Homeless Ministries, discussed his film- making venture related to the teachings of the Bible. Daniel DeMeyere, addressing the Brookhurst Street Widening project, handout out a number of photos of areas of concern he had with the construction project. Kurt Vanderwest indicated he rented property in Anaheim off Anaheim Way for the last four years for his business operation and earlier this year was issued a 3 -day notice to quit. He had asked the management company for a six month extension to wind down his business operations and received no response asking for help from the city. Mayor Tait requested staff look into this request. Mary Sitter remarked the La Palma Park Area Renewal Coalition recommended a plan to transform that area into a productive, law- abiding safe zone rather than a homeless shelter intake facility. Ms. Sitter urged Council to consider other sites for such a shelter that would not impact residential areas, suggesting sites on 901 or 853 East Cerritos as being more appropriate. She added the La Palma Park neighborhood had been impacted by the homeless siting crime, drug use and other violations and asking that their needs be taken into account as well. Craig Durfey invited Council and the community to experience "Re:lmagine Garden Grove — A Downtown Open Streets Event" to be held on Sunday, October 12, 2014. The purpose was to experience a car -free downtown environment and celebrate the community in partnership with City Council Minutes of July 15, 2014 Page 7 of 24 CARS, the producers of CicLavia. He also advocated for bicycle rack legislation as a first step to addressing alternative vehicle use. Daniel Finley introduced himself as the new executive director of the Muzeo, remarking he looked forward to working with the city and was appreciative of its support. Carol Latham invited the community to the Muzeo open book series on Thursday, July 17 featuring author Stephen Faessel discussing early Anaheim. In addition, a screening of "Watershed," a documentary produced and narrated by Robert Redford that discussed the history of the Colorado River and offered solutions for the American West would be shown on July 19th. She also announced that on August 9 the next Arts Crawl Experience entitled "Swinging on the Promenade" was offering an evening of events to celebrate the arts in the downtown, inviting all to attend. William Fitzgerald, resident, objected to various capital improvement projects, the downsizing of the police department, and announced that four of the five current council persons were running for reelection this November. An unidentified speaker named the officers involved in using excessive force when arresting Lamar Moore on November 7, 2013. She announced the video of this event was available on YouTube highlighting public safety issues in Anaheim. Referencing the Anna Drive memorial to Manuel Angel Diaz, she believed it should remain as it was important to the residents of that neighborhood. Joanne Zuniga, Normandy Park Apartments manager, stated the residential permit parking surrounding the apartments was forcing tenants to park blocks away from their homes, making it a struggle for residents who worked night shifts to find available parking. She stated there were 88 apartments that allowed one space per resident at the site, and with multiple family members driving, they were being pushed further and further from their residences. She asked on behalf of the Normandy Park renters that a solution be found that allowed renters to either park on Nutwood or to be able to purchase parking permits. Eduardo Verde, speaking on behalf of his mother, Blanca Verde, remarked parking was an issue to every renter in the Normandy apartments and it was unfair that renters could not purchase parking permits that were available only to homeowners. He added his mother worked and came home at 2:00 A.M. with no available parking spaces nearby, and she was uncomfortable roaming the streets at that hour looking for parking and then having to walk back to the apartments. Patricia Nicaiso stated she rented a three bedroom apartment for her family of four and there were three drivers now as her daughter needed to drive to college, adding that she was one of the few residents renting a second garage at $50 a month. She had called the city requesting to buy a parking permit and was told she could not do so as she was not a homeowner, remarking this was unfair as she had been a resident for 12 years, and paid taxes while homeowners had wide driveways and access to two -car garages and were given access to parking permits as well. She respectfully requested the ability to purchase parking permits so that her daughter who worked at McDonalds on weekend nights would not be put in danger by parking far away from the apartments during early morning hours. Ramon Herrera discussed his parking situation as well, indicating he and his wife lived with his son's family, each with different jobs requiring separate vehicles asking the city for a solution to City Council Minutes of July 15, 2014 Page 8 of 24 this problem. Mayor Tait asked if Mr. Herrera had received notice for the public hearings related to parking permits on Nutwood recently. Mr. Herrera indicated he had received notice but did not attend as the notice initially indicated permit parking would have been in one section; now that permit area was expanded and the problem exacerbated. Isabelle Ortiz stated she had a disabled uncle living with her in the Normandy apartments and a police officer had told her she could park nearby with a handicapped permit and she ended up receiving two citations for doing so. Mayor Tait indicated the Police Chief was present and could discuss the rules regarding handicapped tags and whether there was an appeal process. Mayor Tait remarked Council Member Eastman believed a blue painted curb for handicap in front of the apartment offer a solution in that specific case. Maurice Turner, resident, explained he was a member of the Police Chief's Advisory Council and as such had the opportunity to ride along with Officer La Palma, an experience that gave him an understanding of the amount of calls received and types of services offered and the protocol followed by well- trained officers. He appreciated Council's support for the department and the effort made to recruit more officers to continue the good work of the department. Paula Bass, Normandy apartment resident, spoke of her family's difficulties in finding parking spaces, remarking her car had been vandalized and she had been harassed by homeowners who believed renters were second class citizens. She requested Council consider changing policy and allowing apartment renters to purchase parking permits. Kieran Scott, resident, stated the parking permit program was functioning well because Nutwood Street was safer, no longer congested with cars and the 35 mph speed limit was working with residents able to exit their driveways safely. He remarked if any policy changes were made, he and other residents would be back to register their concerns. Carmen Carillo, Normandy Apartments, asked Council for resolution of this parking problem and for the same rights given to homeowners. Loner Myers, resident, opposed approval of Item No. 17 related to public financial support of the Muzeo adding as with any non - profit organization receiving municipal funds, there should be an audit and accounting of funds before additional monetary support was given. He believed that after seven years of operation, the Muzeo should be self - sufficient by this time. Evelyn Vigara spoke about the death of Manuel Angel Diaz and the need for his family and neighborhood to keep his memorial in place. Lamar Moore, resident, described how he had been treated at the hands of the Anaheim police for an incident that he was not involved in, charged with resisting arrest which was subsequently changed to disturbing the peace. Mayor Tait requested Mr. Moore discuss his allegations with Police Chief Quezada. Zuniga stated she had been working to make positive changes on Anna Drive, cautioning the city that removal of the Manuel Angel Diaz memorial would make the situation worse for that community. She invited the city council to visit Anna Drive often to see what was happening there and to help bring about improvements to quality of life matters. City Council Minutes of July 15, 2014 Page 9 of 24 Theresa voiced her concern that Lamar Moore had been slapped by an officer, asking when the cameras and recording devices were going to be put in place and used by police officers, as promised. Genevieve Huizar stated she had received a letter from the city asking that she remove her son's memorial because it could incite residents of the neighborhood. She asked Council to allow the memorial to remain or provide an alternative such as a plaque in its place. Joanne Sosa, Take Back Anaheim, stated that for the last couple of years the memorial on Anna Drive for Manuel Diaz had become a symbol of strength for the neighborhood and it should not come as a shock that removal of this memorial would be upsetting for those residents. She suggested a permanent bronze sign or cross be considered for all the youths that had lost their lives and to encourage a better path and relationship with the community. Donna Acevedo, resident, requested Agenda Item 29 be removed from the consent calendar for discussion purposes with Mayor Tait responding that it was his intent to do so. She remarked as a new resident of Anna Drive, the Manuel Diaz memorial meant a lot to her and the families who tried to make better lives for themselves. Mark Daniels, resident, suggested the city meet in the middle for the betterment of the community, have a dialogue regarding the Diaz memorial with residents of Anna Drive and offer a solution for a neighborhood that would never forget the incident that happened there. It was his belief this method could be used in other priority neighborhoods when matters of concern occurred as well and make the most of the Act of Kindness initiative promoted by the city. Greg Diamond announced that the Coalition of Anaheim Taxpayers for Economic Responsibility (CATER) believed Measure C passed on incomplete and /or inaccurate information given, adding it was marketed simply as a group of technical fixes to modernize outdated language in the charter. One of its elements, he explained, was the combining of the City Treasurer position with that of the Finance Director and placing the Treasurer under the authority of the City Manager, thereby removing the ability for checks and balances between those two positions that managed the city's finances. In addition, Measure C removed the requirement that the City Manager post a surety bond, an action that would protect the public from any potential malfeasance. Cynthia Ward remarked that after the recent election, it was found that some misinformation had been presented to the voters about the charter amendments and CATER would speak out against and in opposition to their implementation. Referencing Item No. 17 on the agenda, Ms. Ward remarked the manner in which it was presented on the agenda was vague and unclear and there was no way the average citizen could understand that the city would be converting a line of credit to a grant worth about $1 million over four years to the Muzeo operations. Regarding Item No. 21, Ms. Ward stated Mayor Pro Tern Murray promoted the establishment of a Police K9 memorial in the new dog parks without the use of public money adding that placing memorial artwork now would leave no incentive for people to contribute to its cost. She also recommended the Cultural and Heritage Commission have some input into the artwork selection before a decision had been made. Theresa Smith remarked it was important for her and the community to keep the memorial for Manuel Angel Diaz, and if the city objected to what was currently there, an alternative should be considered such as a tree or bench in his name. City Council Minutes of July 15, 2014 Page 10 of 24 John Lane, Preservation Partners, thanked the city for approving the issuance of bonds through the Housing Authority to help preserve a senior affordable housing complex, the Village Center Apartments, for the next 55 years. In addition, his company offered to cover $10,000 towards a memorial for Anna Drive residents. Mayor Tait asked the city manager to consider what was said today regarding the memorial on Anna Drive and find some middle ground that was sensitive to the needs of the family and community. COUNCIL COMMENTS None CITY MANAGER'S UPDATE Paul Emery announced upcoming Neighborhood Council meetings with staff intending to provide a 2014/15 budget presentation as well as information on upcoming projects in their respective neighborhoods. CONSENT CALENDAR: Mayor Tait removed Item Nos. 17, 21, 29 and 30 for further discussion and declared a potential conflict on Item No. 4 indicating he would abstain on that vote. Council Member Eastman then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, in accordance with reports, certifications and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member Brandman. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried. 4. Determine on the basis of the evidence submitted by the property owner, that it has AGR- 5026.A complied in good faith with the terms and conditions of Development Agreement No. 2006 -00002 for the 2013 review period for the A -Town Stadium project in the Platinum Triangle located at the northeast corner of Orangewood Avenue and State College Boulevard. Mayor Tait abstained on this item. Roll Call Vote: AYES — 4: (Mayor Pro Tem Murray and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. ABSTENTION — 1: Mayor Tait. Motion to approve carried. 5. Approve in the naming of The Wolff Company Platinum Gateway and Platinum Vista D150 apartment community park site dedication as Coral Tree Park, located at 917 East Katella Avenue. D150 6. Approve in the naming of City property currently being developed as a park site, as Circle Park, located at 924 South Park Circle. 7. Accept the lowest responsive bid of American Chemical and Sanitary Supply, in the amount of $211,675.00 plus applicable tax, for the purchase of paper products for the D18o Anaheim Convention Center for a one year period with four one -year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid # 8238. 8. Accept the lowest responsive bid from Preferred Paving Company, Inc., in the amount of D180 $151,108, for asphalt repairs and slurry seal services for various parking areas around the Stadium, in accordance with Bid # 8236. City Council Minutes of July 15, 2014 Page 11 of 24 9. Accept the lowest responsive bid and execute an Agreement with Marina Landscape, AGR- 2728.E Inc., in the amount of $1,071,250.00 for landscape maintenance services for eastern section of the Anaheim Resort for the Public Works Department, for a one -year period with up to four one -year optional renewals; and authorize the Purchasing Agent to exercise the renewal options, all in accordance with Bid # 8240. D180 10. Accept the lowest responsive bid from Slater Waterproofing, Inc., in an amount not to exceed amount of $140,732.40, for repair services for the Convention Center parking structure, in accordance with Bid # 8230. 11. Accept the lowest responsive bids of Allen Tire Company and RJ and JJ Enterprise, in an aggregate amount not to exceed $210,821 including tax, for the purchase of D180 automotive tires for Public Works, Fleet Services Division for a one year period with four one -year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid # 8145. 12. Accept the lowest responsive and responsible bid and approve an agreement with Mr. Window Cleaning, in the amount of $366,835, for pressure washing and power AGR -8298 scrubbing services of amenities and hardscapes in the Anaheim Resort for the Public Works Department, for a one year period with up to four one -year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid # 8182. 13. Award the contract to the lowest responsible bidder, Asphalt, Fabric and Engineering, AGR -8299 Inc., in the amount of $329,575, for the construction of La Palma Dog Park and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 14. Adopt a seven -year Transportation Capital Improvement Program in order to fulfill part of the Renewed Measure M eligibility requirements to enable receipt of local formula based D175 funding. 15. Approve an Agreement with Dougherty and Dougherty Architects LLP, in an amount not to exceed $996,216, for the preparation of construction documents, construction AGR- 7731.1 observation, and post- construction services for the Ponderosa Park and Family Resource Center project at 2100 South Haster Street and authorize the Community Services Director to increase the contract amounts by up to 10% if such increase is necessary. 16. Approve the First Amendment to a Lease Agreement with GOALS, Inc., to continue operation of Community Sports Complex Site at City -owned property located at 1170 N. AGR - 5315.1.1 La Palma Parkway for the purpose of conducting sports and social programs for underprivileged area youth. 18. Approve and authorize the City Manager, or his designee, to execute and administer the First Amendment to Lease Agreement with Robert G. Jones, dba Rancho Del Rio Stables, to extend the lease an additional 12 months to allow $36,000 in rent credit to pay the cost of correcting additional deferred maintenance and performing property upgrades. This item was withdrawn from the agenda by staff, therefore, no action was taken. City Council Minutes of July 15, 2014 Page 12 of 24 19. Approve and authorize the City Manager, or his designee, to execute and administer the R100 First Amendment to Professional Service Agreement with Pacific Edge Engineering, Inc. extending the term of the agreement to June 30, 2017 for environmental assessment services including Phase I and Phase II assessments, remedial action plans, and site remediation work. 20. Approve and authorize the Public Utilities General Manager or designee, to execute and AGR- 8300.0.1 take the necessary actions to implement and administer Magnolia Power Project Greenhouse Gas Compliance Instrument Agreement with Southern California Public Power Authority and the cities of Burbank, Cerritos, Colton, Glendale, and Pasadena. 22. RESOLUTION NO. 2014 -117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain city records more than D159 two years old (Planning Department). 23. RESOLUTION NO. 2014 -118 A RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain interests in real properties (City Deed Nos. 11690, 11694, 11695, 11697, 11701, 11702, 11704, 11705). 24. RESOLUTION NO. 2014 -119 A RESOLUTION OF THE CITY COUNCIL OF D129 THE CITY OF ANAHEIM authorizing the Fire Chief, or his designee, to submit a grant application on behalf of the City of Anaheim to the Fireman's Fund Insurance Company Heritage Program, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly. 25. RESOLUTION NO. 2014 -120 A RESOLUTION OF THE CITY COUNCIL OF D129 THE CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Fiscal Year 2013 Assistance to Firefighters Grant Program, authorizing the Anaheim Fire Chief to execute all required grant documents, and amending the budget for fiscal year 2014 -15 accordingly. 26. RESOLUTION NO. 2014 -121 A RESOLUTION OF THE CITY COUNCIL OF Dlso THE CITY OF ANAHEIM authorizing the Director of Community Services, or his designee, to submit the Kraemer Pocket Park Project Application on behalf of the City of Anaheim to the California Natural Resources Agency for the Environmental Enhancement and Mitigation Program (EEMP) and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly. 27. RESOLUTION NO. 2014 -122 A RESOLUTION OF THE CITY COUNCIL OF 13130 THE CITY OF ANAHEIM declaring its official intent to reimburse certain Electric Utility Fund expenditures from the proceeds of bonds or other obligations. 28. RESOLUTION NO. 2014 -123 A RESOLUTION OF THE CITY COUNCIL OF D182 THE CITY OF ANAHEIM determining that permitting eligible customer - generators to aggregate their load from multiple meters will result in an increase to expected revenue obligations of customers that are not eligible customer - generators. City Council Minutes of July 15, 2014 Page 13 of 24 31. ORDINANCE NO. 6302 (ADOPTION) AN ORDINANCE OF THE CITY OF 0280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2012 - 00248; DEV2011- 00110)( 200 -282 North Lemon Street, 107 -127 West Lincoln Avenue and 120 West Cypress Street -AT &T Property) (Introduced at the June 17, 2014 Council meeting, Item No. 31). D114 30. Approve minutes of Council meetings of February 18, 2014, April 22, 2014, May 6, 2014 and May 13, 2014. END OF CONSENT CALENDAR: 17. Approve and authorize the Director of Community Services to execute Amendment No. 3 to Property Operating Agreement with the Muzeo Foundation for the continued AGR- 4839.3 operation of the Muzeo. Terry Lowe, Community Services Director, reported this item was an amendment to an operating agreement with the Muzeo Foundation, a contract that had been in place for the last seven years. He stated the primary purpose of this city -owned facility was to attract people to downtown Anaheim and this amendment provided for an extension of this agreement until year 2019. The amendment would change the payment schedule for the draw on the line of credit from a calendar year to a fiscal year, set the amount of the loan that could be recast into a grant with successful fundraising from its current level of $200,000 to $250,000 and remove the former Redevelopment Agency from a three way agreement. Mayor Tait remarked this agenda item was vague in its description on the agenda asking for confirmation that the Muzeo would be granted $1 million over a four year period. Mr. Lowe remarked under the terms of this amendment, if the Muzeo was successful in raising $250,000 a fiscal year, then the funds would become a grant instead of a loan and over a four year period would total $1 million. Mayor Tait suggested this be worded as entering into an obligation for $1 million over a four year period in the future and include more detail so the public would understand the terms of the agreement. Mr. Lowe explained the 100 year old Carnegie building had undergone major renovation to make it earthquake proof and as part of the complex behind the Carnegie Library, the Muzeo as well as a local history room were included. Mayor Tait confirmed no rent had been charged for the Muzeo and asked what the total subsidy had been over the years. Mr. Lowe responded the Muzeo drew $114,000 the first year, $200,000 for the following years, and there was a $500,000 line of credit in the first year of the second amendment followed by three years of $200,000 in funding for a total of $1.3 or $1.4 million thus far. Mayor Tait stated he believed it was fundamentally appropriate for the city to invest in cultural activities, however, the total amount given to one institution while others received little or none was a concern to him. He added the contract was implemented before he took office, and that the change in the fiscal year would add an additional $125,000 to the contract while the Muzeo appeared to have minimum attendance to warrant this support. For those reasons he suggested a shorter term of six months or one year with substantially less than $1 million in funding to provide council an opportunity to rethink the direction of the Muzeo. Council Member Kring responded that she was on the board of the Muzeo Foundation along with many other community and business members and had seen the energy and activity of the various programs scheduled and would be supporting this item. City Council Minutes of July 15, 2014 Page 14 of 24 Council Member Brandman then moved to approve Item No. 17, seconded by Mayor Pro Tern Murray. Discussion: Mayor Pro Tern Murray stressed that the Muzeo was an important asset to the city, had opened during the height of economic recession and was more about quality of life than profitability. She added, it was the downtown cultural center with a wide array of programs to supplement arts education at a time when art had declined dramatically in schools and through private fund - raising efforts, every student was guaranteed free entrance. Council Member Eastman added that the Muzeo was an important part of the community, along with parks and libraries and contributed to the quality of life in Anaheim. Mayor Tait indicated it was somewhat confusing when a loan was used regarding financing, because in reality, if the Muzeo Foundation raised the $250,000, the City would give, not loan, the funds to the Foundation. Mr. Lowe concurred, stating that extensive research had gone into developing this concept and from the beginning, the concept of providing some level of financial support was not unique and happened in most museums operated by municipalities throughout the country the intent was to create an incentive for the Muzeo to push for higher quality of exhibits and tasking them with the responsibility of raising more revenues to ensure quality exhibits. Mayor Tait remarked he had been one of the founding donors for the Muzeo and was willing to compromise and give the operation a chance to improve in a year and see if they reached a point to self -fund. He asked if a substitute motion would be acceptable with Council Member Brandman indicating he would stay with staff's recommendation. Roll Call Vote: AYES — 4: (Mayor Pro Tern Murray and Council Members: Brandman, Eastman, and Kring.) NOES — 1: Mayor Tait. Motion Carried. 21. Authorize a $25,000 donation to the Anaheim Community Foundation to fund the initial development and production of two K -9 Monuments at the La Palma Dog Park and the D116 Olive Hills Dog Park. Mayor Tait remarked Mayor Pro Tern Murray had made the statement that the K9 memorials would be accomplished with private monies, not public. He would not support this request for a $25,000 donation believing it would be more meaningful to the community if they were involved in making that memorial happen. Interim City Manager Paul Emery explained that this April, Council approved a plan to form a committee of community members to lead an effort to place a monument that honored Anaheim's K -9's that served the city. Those monuments were planned for La Palma Park, opening this November, as well as Olive Hills Dog Park opening in the spring of 2015. He reported the fund - raising committee had just been formed and in an effort to insure the monument was completed by November, an initial deposit was required to retain the services of an artist with the anticipation these funds would be reimbursed. He stated the Anaheim Community Foundation approved a request to establish a fund for the administration of donations and the committee created a fund - raising campaign and now had a website, c .Kash orK9 & com, up and running. He added staff was recommending approval of this request in anticipation of reimbursement from donors. Mayor Pro Tern Murray remarked there was a broad community group leading this funding effort and a number of artists had reached out to the group, with one in particular who had created artwork for the state Officer K9 memorial, a bronze statue the group thought would be ideal for Anaheim. She added a good suggestion had been made earlier to have the committee send the renderings to the Anaheim Cultural and Heritage Commission for review and approval City Council Minutes of July 15, 2014 Page 15 of 24 before entering into any contracts, which she felt was a positive step. The fundraising effort was moving forward with the goal to make it a broad community effort that reaches residents of all economic background regardless of age, and she looked forward to programs that would engage the community and get them involved in this effort. Mayor Pro Tern Murray moved to approve Item No. 21, seconded by Council Member Kring. Roll call vote: AYES — 4: Mayor Pro Tern Murray and Council Members: Brandman, Eastman and Kring.) NOES — 1: Mayor Tait. Motion Carried. 29. RESOLUTION NO. 2014 -124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA authorizing formation of a joint powers authority AGR -8297 with the Anaheim Housing Authority; approving the execution of the Joint Exercise of Powers Agreement; and determining such action is exempt from the Environmental HP1188 Quality Act (CEQA) pursuant to CEQA guidelines sections 15060 (b)(3), 15378 (b)(4) and 15378 (b)(5) (Anaheim Housing and Public Improvements Authority) (related to Council Item No. 01). Mayor Tait indicated this resolution was a companion item related to Item No. 1 on the Housing Authority agenda that was discussed at length and that he would be voting against approval of this request as he had earlier explained. Council Member Brandman moved to approve RESOLUTION NO. 2014 -124, OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA authorizing formation of a joint powers authority with the Anaheim Housing Authority; approve the execution of the Joint Exercise of Powers Agreement; and determining such action is exempt from the Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections 15050(b)(3), 15378(b)(4) and 15378(b)(5) (Anaheim Housing Public Improvements Authority); seconded by Council Member Eastman. Council Member Eastman reiterated this joint powers agreement was not being formed strictly to be able to address the expansion of the Convention Center; it was also replacing an entity that was taken away with the dissolution of the Redevelopment Agency and would act as a financing vehicle for other community needs as necessary. Mayor Tait asked that the statement he made during consideration of Item No. 1 of the Housing Authority agenda be incorporated, as follows: Mayor Tait remarked that a few weeks ago, the City Council approved by a 4:1 vote a 200, 000 square foot expansion of the Anaheim Convention Center by granting the issuance of bonds which would result in a $15 million annual debt payment for 30 years. The mayor did not believe revenues to be derived from this proposed expansion would come close to paying for the construction and that the construction debt would end up being an obligation of the general fund which would impact those core services provided through general fund revenues. For those reasons, he explained, he voted against the expansion financing and would vote against this proposal as well, emphasizing that a 30 year debt encumbrance of this size was also a matter that should be put before the public for a vote. Mayor Pro Tern Murray asked staff if the financing plan that was put together for the Convention Center expansion impacted general fund services. Debbie Moreno, Finance Director, replied the city had maintained those obligations without any negative consequences to the general fund and as the financing plan was contemplated, based on estimates of consultants and staff, ii was projected that this plan would generate new revenue to the city. Mayor Tait pointed out if the revenues did not come in as projected, then there would be a risk to the general fund. Ms. City Council Minutes of July 15, 2014 Page 16 of 24 Moreno indicated there was some risk either way, whether the city decided not to proceed or to proceed with the Convention Center expansion. Michael Houston, City Attorney, clarified the City Council was acting only on the formation of Joint Powers Authority and that during the discussion, staff had provided answers to questions raised on the dais but those issues were not being acted upon at this time. Prior to roll call vote, City Clerk Linda Andal requested the Council restate who placed the motion and seconded the motion, as a result of hearing two motions on the table. Mayor Tait and Council confirmed the record should reflect motion by Council Member Eastman, Seconded by Mayor Pro Tern Murray. Roll Call Vote: AYES — 4: (Mayor Pro Tem Murray and Council Members: Brandman, Eastman and Kring.) NOES — 1: Mayor Tait. Motion Carried. 30. RESOLUTION NO. 2014 -125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA reciting the fact of the Special Municipal E127 Election held on June 3, 2014, declaring the results and such other matters as provided by law. Mayor Tait remarked that an earlier speaker had commented negatively on Measure C, a component of the June 2014 city election, and that he had voted not to put that measure on the ballot because it contained a number of topics in the measure which he felt should be voted upon separately. He would however vote to certify the results of the election and moved to approve RESOLUTION NO. 2014 -125 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA reciting the fact of the Special Municipal Election held on June 3, 2014, declaring the results and such other matters as provided by law, seconded by Council Member Kring. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray. NOES — 0. Motion Carried. 33. RESOLUTION NO. 2014 -126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (1) approving the issuance of not to exceed $140,000,000 B137.1 aggregate principal amount revenue refunding bonds of the California Municipal Finance Authority; (11) approving the forms and authorizing the execution of an Installment Purchase Agreement, and Indenture of Trust, an Escrow Agreement, a Continuing Disclosure Agreement, a Purchase Contract and other related documents; (III) approving the delivery of an Official Statement; and (IV) approving certain actions in connection therewith. Dukku Lee, Public Utilities General Manager, reported this item was for the refunding of revenue bonds related to existing debt for the utility electric infrastructure to take advantage of lower interest rates, an action that would reduce interest costs by approximately $42 million as well as accelerate payments to reduce the term by 7 to 9 years (from 2035 to as early as 2026). He explained that the bonds spread the cost of capital intensive electric infrastructure over the life of the equipment, and included transformers, wires, and substation equipment. He added staff was able to leverage the AA- credit rating to achieve lower interest rates and that rating had been recently affirmed by both S &P and Fitch with a stable outlook because of the economic recovery and modestly improving financial metrics for the Utility Department. He also pointed out those improving financing metrics revealed a 17 percent differential between Anaheim's electric utility rates and other cities in Orange County for a typical single family home. Council Member Kring moved to approve RESOLUTION NO. 2014 -126 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (1) approving the issuance of not to exceed City Council Minutes of July 15, 2014 Page 17 of 24 $140,000,000 aggregate principal amount revenue refunding bonds of the California Municipal Finance Authority, (II) approving the forms and authorizing the execution of an Installment Purchase Agreement, and Indenture of Trust, an Escrow Agreement, a Continuing Disclosure Agreement, a Purchase Contract and other related documents; (III) approving the delivery of an Official Statement; and (IV) approving certain actions in connection therewith; seconded by Council Member Eastman. Discussion: Mayor Tait applauded staff's effort at decreasing the term of the loan and using the money saved on interest rates to pay down the existing debt. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray. NOES — 0. Motion Carried 34. Discussion regarding the Anaheim Youth Services Assessment and the Accelerating D150 Change Together Program. Terry Lowe, Director of Community Services, introduced this status report on a collaborative process related to initiatives identified in the Anaheim Youth Services Assessment, entitled Accelerating Change Together or ACT. BACKGROUND: In the spring of 2012, he reported the Disneyland Resort donated funding to the Anaheim Community Foundation for a study of the current state of after - school programming for school -aged youth in Anaheim, identified by census tract in order to determine where gaps in service existed. The Olin Group completed the study in February of 2013 and a public forum was held to release the results and begin discussions on a strategic collaborative effort to address findings of the report. He added, in addition to addressing the needs in the most underserved areas of Anaheim, reaching out to older youth (the most difficult group to reach) and improved communication with providers and those they hoped to serve were set as goals to immediately address. Mr. Lowe stated he would provide an overview of what had been accomplished so far in reprioritizing existing resources and addressing established priorities followed by a presentation from Shelley Hoss, Orange County Community Foundation president for the last 14 years who would address the business sector's involvement. Mr. Lowe remarked that while there were already opportunities for Anaheim's youth, awareness of the programs and access to information as found to be a challenge throughout the surveyed focus groups. The elimination of the quarterly activity guide to all Anaheim residents some years ago and language barriers were identified as key factors for this lack of awareness which resulted in the creation of a periodic English /Spanish guide being produced detailing free or low cost community services, programs and resources for families. Additionally a community services summer showcase was implemented in May with over 1,500 in attendance, offering information on summer programs available for children and their families, including day camps, aquatics, classes, library programs, the arts, sports leagues, concerts and many other resources. To avoid duplication and concentrate all available resources where they could do the most good, Mr. Lowe indicated the Anaheim Human Services Network which dissolved during the recession was reinstituted and now had 134 participating agencies since their first meeting in August 2013. At the network meetings, agencies shared information and resources, problem - solved service delivery issues and collaborated to more effectively serve youth and families in the community. To build program capacity, the department's Fun on Wheels mobile after - school recreation program was developed last fiscal year with supplemental funding City Council Minutes of July 15, 2014 Page 18 of 24 approved by Council for those children with little access to outdoor activities. The mobile recreation vans visited ten underserved neighborhoods weekly with two neighborhoods served each day offering fitness, art, sports, nature and homework help to over 5,500 youths since September 2013. In an effort to further strengthen nonprofit partners, he stated the city was assisting GOALS with development of Dreamscape 2, a youth sports complex adjacent to La Palma Park on city owned property. Staff had also worked closely with a new organization, Higher Ground, by accommodating their program at Lincoln Park. This organization offered a variety of recreation, sports and service programs to children and their parents in one of the identified underserved areas. Golf operations was also involved in this process through First Tee of Orange County which provided young people with character building and life skill lessons using golf as the platform operating out of the Islands Golf Driving Range in Anaheim. The development of new facilities to support healthy families was identified as a priority by Council, and the new Mira Loma Park and Family Resource Center in the underserved high density neighborhood of Park Lane would provide a variety of human services and opportunities to connect with local youth and help improve the lives of residents when it opened this fall. He added the department was continuing to partner with the Boys and Girls Club of Anaheim to develop a new primary club site as part of the rehab of the recreational facility at Manzanita Park and the development of a new family resource center and gymnasium, as well as the complete redesign and enhancement of Ponderosa Park would serve the high density Haster /Orangewood neighborhood. Mr. Lowe reported that a revelation from the assessment was Anaheim's staggering teen pregnancy rate, twice as high as the county average. Consequently, using Project SAY (Support Anaheim's Youth) in partnership with AltaMed Health Services, a comprehensive teen pregnancy prevention curriculum was developed and so far provided 185 teens with 18 hours of health education with more to come. Programming and opportunities for teens was expanded by creating Project SAY Teen Centers at Ponderosa Park Family Resource Center and the Brookhurst Community Center, in addition to existing teen centers at the West Anaheim Youth Center and downtown Anaheim Youth Center. He noted jobs for young people was also found to be high priority in the assessment and a counselor training program in conjunction with summer day camp program was developed to provide teens who were pre - employment to learn how to lead young children in games, arts and crafts, excursions and to learn valuable leadership and customer service skills. The teens also received instruction in job interviewing, resume writing and training in CPR and first aid; he noted over 130 young people were registered for this program and the department hoped to hire them when they came of age. A special show was also added to the schedule at Pearson Park amphitheater last summer which was attended by over 500 young people and staff expected to continue this type of programming and for attendees to grow in the future. Another project that would soon be considered by Council was the development of an aquaphonic farm near Boysen Park to produce food with a percentage of the yield going to local food banks. He added that an important component was a youth internship program to teach and certify PROJET SAY participants in organic farming. As for the library operation, he remarked the public library adjusted their programming to align with the objectives of this initiative and currently there was a system -wide effort underway to ensure every child in Anaheim had a library card beginning with the senior and junior high school students, followed by a similar effort at elementary schools, branch by branch. And with no new resources, the library operation was expanding art and cultural programming specifically targeting school age children as well as creating workshops designed to engage young people in contemporary City Council Minutes of July 15, 2014 Page 19 of 24 issues including bullying prevention, financial management, teen dating violence awareness, self- esteem and job training. Two additional library staff members approved by Council would be assigned to further expand responses based on the needs addressed within the assessment. Shelley Hoss, Orange County Community Foundation, reported on what the business and philanthropic community had been doing to join in this effort to help Anaheim achieve its full potential for all residents. She stated the study brought focus and clarity on issues that were most in need of attention and a unity of leadership over what needed to be done. She added following the study, there was some strategic planning to create a road map for action and this led to a landmark partnership between Disneyland, Angels Baseball and the Ducks who pledged $3 million over three years to address the most compelling needs of that study and approached the Community Foundation at that time because of their expertise in grant making and in leading community initiatives in Orange County. She emphasized that ACT was a targeted response to that study with a collaborative approach and specific goals, unique because of their decision to pool resources and give up control of those funds. Other nonprofits were invited to participate and as a result of that sense of inclusion, the first granting pool expanded from $1 million to $1.5 million within a couple of months. Ms. Hoss explained that ACT was a grant program to provide services to Anaheim youth targeted to ages 13 — 18 and represented already existing programs that could be expanded but also effective programs from other parts of the county to begin to make Anaheim a part of their service area. She added this was a long -term approach to solving some of the deeper programs and not just a short three - year program. Moving forward, this April ten inaugural grantees were awarded funds, a diverse group of about 25 strong and if the circle was drawn further out, dozens of non - profits here in Anaheim as well as partners throughout the county would be directly reaching more than 1,500 Anaheim at risk youths over the next year with tutoring in STEM (science, technology, engineering and math) education, job training, youth leadership, gang reduction and teen pregnancy, all of the issues that were highlighted in the assessment. She remarked the initial $3 million commitment from Disney, the Angels and the Ducks was viewed as seed money for a much broader and longer term effort and the result would not just be that the funding was provided but that a stronger set of relationships and collaborations facilitated by Terry Lowe and his staff would be developed and the Orange County Community Foundation was proud to be a partner in this effort. Mayor Tait thanked the Disney Corporation, Arte Moreno and Ron Samueli for their leadership in encouraging the rest of the business community to participate in this important initiative and the Orange County Community Foundation for their focus on Anaheim marshaling resources and connections to deliver needed services. Mayor Pro Tern Murray remarked there had also been a significant public investment made as well in parks, community centers and libraries because of the growth in economic vitality to the three organizations that provided seed money. Council Member Eastman offered her congratulations adding that Disney, Angels Baseball and the Ducks organization gave so much back to the Anaheim community in so many ways and this was an incredible gift to the youth of Anaheim. Council Member Kring thanked Disney for recognizing the need to reach out to underserved youths and hiring the Olin Group to conduct an assessment. Council Member Brandman believed this effort would leave an indelible mark for generations to come. Council Member Kring moved to support the ACT Program, seconded by Mayor Pro Tern Murray. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried. City Council Minutes of July 15, 2014 Page 20 of 24 35. Discussion of the Stadium Cost Analysis and provide direction to staff, if desired, on its D124 public release Mayor Tait remarked Angel Stadium and its surrounding land belonged to the citizens of Anaheim and he believed they had the right to information regarding the replacement cost appraisal of that property and moved to make this appraisal public. Tom Morton explained an appraisal of the Stadium and been presented at the May meeting and this additional scope of work had been requested and incorporated the replacement cost new of a stadium equivalent to Angel Stadium, the range of cost sharing or cost reductions that major league baseball teams experienced in other cities and a further examination of demolition costs. Mayor Tait responded he had requested a replacement cost appraisal for that site and whether or not additional information had been provided, he moved to make all information available to the public. Mayor Pro Tern Murray asked staff it was advisable and in the best interests of the City to release all of the financial documentation before negotiations were completed. After some discussion, Paul Emery responded that staff did not believe the information was necessary to be released to the public at this time for purposes of negotiation, however, he added, when a deal was reached, staff would release that information to make it part of the complete record prior to any Council action on an agreement. Council Member Eastman explained that her instinct was to wait until negotiations were concluded and that Council had an agreement to consider before releasing the Stadium Cost Analysis. Mayor Pro Tern Murray reported the appraisal of the stadium had been released to the public because Council agreed it was something that should be provided since the memorandum of understandings was an open and transparent process. She urged that negotiations move forward as quickly as possible, an agreement be brought back, and that all of this information that was part of the negotiation process could then be made available before council acted on final terms of an agreement. Council Member Kring also objected to the release of additional information at this point in time, stating the city needed to move forward, negotiate in good faith and get a deal. Mayor Tait disagreed remarking this was relevant information and one of the ways to determine the replacement value of the stadium and surrounding property and should be available to the public. With no second offered, the motion failed. PUBLIC HEARING: 36. CONDITIONAL USE PERMIT NO. 3339A (DEV2014- 00015) OWNER: Vince Corsello, Circle K Stores, Inc., 255 E. Rincon Street, Suite 100, Corona, CA 92879 AGENT: Ahmad Ghaderi & Adolfo Gomez, A &S Engineering, 28405 Sand Canyon Road, Suite B, Canyon Country, CA 91387 C220 LOCATION: This 0.59 -acre property is located at 400 North Lakeview Avenue, at the northeast corner of Lakeview Avenue and McKinnon Drive. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Conditional Use Permit No. 3339A (DEV2014- 00015). Vote: 6 -0 Chairperson Ramirez and Commissioners Agarwal, Bostwick, Caldwell, Lieberman and Seymour voted yes. Commissioner Persaud was absent. (Planning Commission May 19, 2014) (Appealed by Sabnom Rahman and Ali G.M. Shamsher, dba Canyon Liquor). City Council Minutes of July 15, 2014 Page 21 of 24 RESOLUTION NO. 2014 -027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit No. 3339 and determining said action is exempt from the California Environmental Quality Act pursuant to Section 15301 of Title 14 of the California Code of Regulations. OR RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying an amendment to Conditional Use Permit No. 3339 and making certain findings in connection therewith Sheri Vander Dussen, Planning Director, reported that in May the Planning Commission unanimously approved an amendment to a conditional use permit (CUP) to allow the sale of beer and wine at a Circle K convenience market that operated in conjunction with a Mobile gas station on Lakeview Avenue, required because the original CUP for the market did not allow for the sale of alcoholic beverages. She stated at the Planning Commission hearing five people spoke in opposition to the request and four letters of opposition were received, and those opponents had expressed concern over the number of restaurants already selling alcohol within two miles of this business along with the potential for increased crime and traffic that could result from another alcohol related use. Concerns were also shared regarding how the sale of alcoholic beverages at the convenience store would negatively impact sales at the nearby Canyon Liquor Store. The Planning Commission recognized that Circle K operated as a good neighbor at this location for 20 years causing no problems in the nearby community and recent striping improvements on Lakeview alleviated traffic concerns regarding access to the property. The Commissioners also recognized their decision must be based on the appropriateness of the land use and not economic impacts to nearby businesses, therefore based on the good track record of this business, the Commission approved Circle K's request to sell beer and wine. An appeal was subsequently filed by the owner of Canyon Liquor stating that the Commission did not consider the convenience market's proximity to a nearby school and residential properties or a petition signed by residents and business owners opposed to the permit. The appellant also felt the Planning Commission should have considered the increased competition that alcohol sales would have had on his liquor store and that if they approved alcohol sales for Circle K, the hours of operation should be restricted. Ms. Vander Dussen explained the Circle K was about 800 feet from a private elementary school on Riverdale Avenue, west of Lakeview Avenue and 90 feet from the nearest residential property across McKinnon Drive. The zoning code did not require a minimum distance between schools or residential uses and businesses that sold alcohol and she noted, the Commission recognized that Canyon Liquor was about 70 feet from the nearest residential property and within a similar distance from the nearest school, and had operated without any negative impacts to the surrounding community. The Commission also noted this neighborhood had a low crime rate and that beer and wine sales would be accessory to the sale of non - alcoholic beverages, snacks and other general merchandise at the convenience market. Based on these facts, she explained, the Planning Commission found that the sale of beer and wine would be appropriate at this location. As discussed at the Commission hearing, she remarked, increased competition between businesses was not a permitted finding for denial of a CUP. City Council Minutes of July 15, 2014 Page 22 of 24 With regard to hours of operation, Ms. Vander Dussen reported Canyon Liquor was required to stop alcohol sales by 10 p.m. on week nights and 11 p.m. on weekends, a restriction that was imposed by the State Department of Alcoholic Beverage Control (ABC) and that the appellant believed that sales of alcohol at Circle K should have the same time restrictions as Canyon Liquor. Since ABC imposed time limits on all off -sale licenses when property was within 100 feet from a residential property, ABC staff had indicated that a similar restriction would likely be imposed on Circle K if the CUP was approved. Ms. Vander Dussen remarked that the appellant's request had been carefully reviewed by staff and recommended Council deny the appeal and uphold the Commission's action amending the CUP to permit the sale of beer and wine at this location. Mayor Tait opened the public hearing, setting guidelines for participants. Sabnom Rahman remarked that he and his wife operated a "Mom and Pop" store 60 feet from Circle K and that he opposed granting the CUP for the reasons stated in his letters to the Commission and the Council. He commented that the sale of beer and wine was 60 percent of his business and with Circle K offering similar merchandise at lower costs because they did not depend on the sale of beer and wine to survive, he would be forced to end his operation after 16 years of hard work. He added Canyon Liquor had been operating since 1988 with restricted hours from 9:00 AM to 10:00 PM Sunday through Thursday and 9:00 AM to 12:00 AM on Fridays and Saturday because the Alcoholic Beverage Control Board stated it would be contrary to public welfare and morals. He emphasized if one license was contrary to the welfare of the neighborhood, how could the city justify the issuance of this CUP for a gas station with ancillary food and beverage sales for 24 hours /day. Mr. Rahman added that the city had also given Circle K permission for 25 percent of their display area to be dedicated to beer and wine when they actually proposed five percent. He added with Circle K in direct competition with his business, he would be unable to keep his Mom and Pop store going. Rona Drew, Development Manager /Circle K, remarked she was responsible for new store growth and beer and wine sales for Circle K. She stated the Commission considered the zoning code, the census tract data which allowed for two alcohol licenses, and the Police Department's report that crime data was under the city average. She added Circle K was a publicly traded company with standards, policies and procedures to ensure the business was well operated and that beer and wine was a complement to an existing business and in this country, free enterprise was a right. Martha stated she lived three blocks away from Circle K expressing her concern over the sale of alcohol in a gas station and the potential of contributing to drunk driving along with the traffic it would bring which had increased dramatically since Circle K owned this site for the last two - three years. She added in the mornings, there was backup traffic due to the fleet activity at the gas station, urging the council to consider those impacts to nearby residents. William Fitzgerald, Anaheim Home, remarked the primary issue was allowing a gas station to sell alcoholic beverages located less than % mile from an elementary school. He strongly objected to the sale of alcohol at gas stations, making it convenient for drivers to purchase and use as evidenced by drunk driving statistics. City Council Minutes of July 15, 2014 Page 23 of 24 Sabnom Rahman remarked that America was for free enterprise, fair competition but not for large corporations taking over small business enterprises. He urged the council to vote their conscious and preserve this Mom and Pop store. With no other comments offered, Mayor Tait closed the public hearing. Council Member Kring inquired why 25 percent of the display area was approved for the sale of beer and wine in this conditional use permit, when the Circle K had asked for five percent. Ms. Vander Dussen remarked that the city had a condition that limited store areas to 25 percent of display space for sales of beer and wine, and that the Commission had approved that condition, although, she commented, Council could modify that restriction. At this point, Ms. Kring remarked, she was inclined to deny the appeal, but would like to modify the sales display area to a smaller number and to see the store hours reflect the same restrictions as Canyon Liquor. Council Member Eastman remarked the sale of beer and wine at a gas station was of concern to her along with the fact there was considerable opposition from the neighborhood as evidenced in the petition submitted, therefore she was inclined to side with the appellant. Mayor Tait remarked the appellant made a compelling argument and while he could not factor in the concern over competition, he would affirm the Commission's decision and ask that the display area be confined to five percent of the business as Circle K originally requested. Regarding hours of operation, he asked for input. Ms. Vander Dussen added if ABC imposed operating hours, then the applicant could petition the ABC to change their hours. If Canyon Liquor was able to get their hours changed, they would have to amend their conditional use permit to do so. Mayor Tait stated he would prefer the hours to be an ABC issue and moved to uphold the Planning Commission's decision. Mr. Houston, City Attorney, remarked his sidebar with the Planning Director was to suggest Council might want to inquire of the applicant whether they would be agreeable to those conditions on the record. Amad Ghaderi, Circle K, remarked as far as the hours of operation, he would appreciate it if that would be an ABC issue. In terms of the display area, he would like the same 25 percent condition as the appellant to allow him some flexibility. Council Member Brandman asked what was the rationale for the original request of five percent of display area for Circle K's beer and wine sales. Mr. Ghaderi responded there had been early discussion held with staff with the understanding there would be limited square footage for display area and was most likely the reason it was submitted as five percent. He added five percent was the minimum that would make any of those products feasible to be sold, but that 15 percent would be greatly appreciated. Mayor Tait remarked he would stay with the five percent display area with no restriction on hours of operation and moved to approve RESOLUTION NO. 2014 -027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit No. 3339 and determining said action is exempt from the California Environmental Quality Act pursuant to Section 15301 of Title 14 of the California Code of Regulations; seconded by Council Member Kring. Roll Call Vote: AYES — 4: (Mayor Tait and Council Members: Brandman, Kring and Murray.) NOES — 1: Council Member Eastman. Motion Carried. City Council Minutes of July 15, 2014 Page 24 of 24 REPOR ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS: Council Member Eastman updated the community on Anaheim's homeless initiative, called Coming Home Anaheim. To date over 68 households (120 individuals) were placed either in permanent housing through different partnerships or reunited with family all over the country. She added the city was committed to addressing homelessness, looking at all options and hopeful that the county would locate a facility they would purchase for that effort as well as looking at other compassionate options to get people off the street. She reported Mito, Japan students would be hosted in Anaheim the last week of July as part of the Sister City experience. Council Member Kring announced the American league won the All Star game, 5 to 3 and Angel player Mike Trout had a triple and a double and named MVP player of the game. She requested the city address the issue of prostitution in the west end of Anaheim, remarking that the city of Stanton voted to authorize publishing the names of Johns who had been arrested and convicted of solicitation of a prostitute, and requesting that Anaheim do the same. She congratulated the Police Department for their response to the shooting incident on the 91 freeway on Monday, July 21S Mayor Pro Tern Murray remarked the Jarvis Taxpayers Associated had drafted a resolution in support of Proposition 13 to prevent any legislative attempt to limit the rights of property owners that were afforded to all California taxpayers under Prop 13, asking that a similar resolution be considered by council. She encouraged the community to participate in fundraising efforts for a K9 memorial through Vt°vyw.Kash•° K9s.c and offered her prayers in support of Adela Jauregui who continued to battle severe health challenges. Mayor Tait remarked a 6 th grader, Amber De Los Santos, passed away this week from leukemia after a lengthy battle, asking that the meeting be adjourned in her memory. Adjournment: At 10:17 P.M., Mayor Tait adjourned the July 15, 2014 meeting in memory of Amber De Los Santos.