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2014/08/12ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF AUGUST 12, 2014 The regular meeting of August 12, 2014 was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned meeting of August 12, 2014 was called to order by Mayor Tait at 4:04 P.M. in the chambers of Anaheim City Hall located at 200 S. Anaheim Boulevard. The meeting notice, agenda and related materials were duly posted on August 8, 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. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:04 P.M., Mayor Tait adjourned to closed session for consideration of the following items. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 of the California Government Code) Position: City Manager, City Attorney, City Clerk and City Treasurer 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Chris Chase Position: City Manager, City Attorney, City Clerk and City Treasurer 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Kristine Ridge & Jason Motsick Name of Employee Organizations: Anaheim Police Management Association (APMA), Anaheim Municipal Employees Association (AMEA) Part-Time Unit, Teamsters, Local 952 4. 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 Council returned from closed session at 5:15 P.M. to reconvene the city council meeting. INVOCATION: Pastor Roger Frick, Zion Lutheran Church City Council Minutes of August 12, 2014 Page 2 of 14 FLAG SALUTE: Council Member Lucille Kring PRESENTATIONS: Recognizing the United States Men's National Indoor Volleyball Team for their August 13 match against Iran Men's National Volleyball Team in the USA Volleyball Cup at the Anaheim Convention Center Arena Kerry Klostermann, Managing Director of Team USA Volleyball (USAV), remarked it had been 35 years since the Iran Volleyball Federation had played in the United States inviting all to attend the USAV Cup competition scheduled to take place on August 13 at the Convention Center. Mohammad Reza Darvarzani, President of Iran Volleyball Federation, accepted the certificate of recognition announcing agreement had been reached with USA Volleyball and he looked forward to continuing cooperation between the two nations. Recognizing Anaheim Police Officers Jake Gallacher, Leslie Vargas and Program Coordinator Georgina Meza for their dedicated service to the Junior Cadets of the Cops 4 Kids Program Police Chief Raul Quezada recognized members of the Anaheim Police Department who were instrumental in managing very successful youth mentoring programs geared towards promoting positive relationships between police officers and disadvantaged youth in the city. Cops 4 Kids board member Joe Vargas stated the focus of these programs were to give Anaheim's youth the opportunity to succeed and become respectable citizens and was an effort well worth undertaking. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming September 2014, as Childhood Cancer Awareness Month Proclaiming August 12, 2014, as International Youth Day Queen Kwembe, Savanna High School, thanked Council for recognizing the youth of Anaheim and the goal they played in the community through volunteer work and participation in programs such as Project S.A.Y. Proclaiming September 8, 2014, as International Literacy Day Kimberly Vig, Literacy Program Foundation, spoke of the program to enable at -risk and disadvantaged youth to increase their reading skills with the goal of becoming self - sufficient and productive members of society and announcing an upcoming gala fund - raiser in September. At 5:32 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, referencing Agenda Item No. 15, advised staff requested that approval of the agreement with Trauma Intervention Program, Inc. include a not to exceed amount of $180,000 consistent with the amount stated within the agreement. No objection stated by Council. OTHER AGENCY REPORTS City Council Minutes of August 12, 2014 Page 3 of 14 Orange County Supervisor Shawn Nelson announced that Orange County Transportation Authority (OCTA) board members and staff were presenting plans for the OC Loop at various meetings throughout Orange County, a vision for 66 miles of seamless connectivity for biking from inland reaches to southern California beaches. He stated a portion of this trail was through Anaheim via the Santa Ana River, the most heavily used recreational trail in the county and a Class 1 bikeway. Seventy percent of the trails were already in place and used by thousands, with nearly 46 miles of existing off - street trails along the San Gabriel River, Coyote Creek, Santa Ana River and Coastal /Beach pathways. He stated the goal was to close the remaining gaps, including a loop around Anaheim, using various grants available through SCAG and AQMD. He also reported that a segment involving the railroad right -of -way was a complicated matter and he believed Senator Diane Feinstein would support funding for this last component of the trail. Completing the loop, he emphasized, would turn underutilized space along rivers and railroad rights -of -way into a countywide community amenity, increasing property values and improving quality of life by offering access to recreational activities and a connection to the environment. Funding to complete the loop was projected at $225 million with OCTA anticipating funding $4.5 million for 2015. Mayor Tait stated this amenity benefiting people countywide would not have happened if it were not for Supervisor Nelson's drive and vision, thanking him for his commitment. Mayor Pro Tern Murray added her appreciation for helping the county win awards on a regional basis for the transportation models Mr. Nelson advocated. District Manager Michael Hearst, remarked Orange County Vector Control was a public health organization, not a pest control agency and as such, was outreaching to cities regarding West Nile Virus, a vector -borne disease spread by mosquitoes. He addressed preventive measures to take, reminding all that mosquitoes needed water to reproduce and elimination of standing water was the easiest method to interrupt their life cycle. He noted Santa Ana had been hit the hardest with nine people infected with Anaheim having one case so far. His agency had expanded mosquito surveillance and trapping, having identified sources by partnering with Orange County Sheriff helicopters to spot out of service swimming pools, a likely source of mosquitoes. In addition, outreach had been increased and staff was walking door -to -door canvassing neighborhoods asking residents to drain water, to take care not to overwater lawns or while washing cars to prohibit runoff into street gutters and flood control channels. These efforts, he emphasized, were making a difference. Ending his report, Mr. Hearst encouraged all municipalities to promote the use of mosquito repellent. PUBLIC COMMENTS (all agenda items, except public hearings): Cecil Jordan Corcoran encouraged viewing local origination television as a means of keeping informed on community matters. William Fitzgerald, Anaheim HOME, offered his opinion of the ARTIC station, warning of a safety issue stating freeway drivers would be distracted by the ARTIC decorative lights. He also addressed the election in November offering his assessment of candidates. Jeanine Robbins addressed the city's vehicle permit parking policy, declaring she felt it was discriminatory. She explained the only access to Stoddard Park (with no on -site parking lot) and the nearby elementary school with limited on -site parking was by parking on city streets. Her residential street, Flippen Way, was used by parents dropping off their children to school and picking them up, used by a disabled group who lunched there every day, and by local City Council Minutes of August 12, 2014 Page 4 of 14 gardeners, Federal Express and UPS deliverymen who lunched there as well. In addition, the park was used for soccer and baseball practice /games and many families who regularly picnicked there, who used the park for its intended purpose. She strongly disagreed with prohibiting parking on neighborhood streets to block access to a public park and a school, adding that minority residents should be able to vote on permit parking that impacted their quality of life and without their input, racial discrimination followed; she requested Anaheim's permit parking policy be reviewed. Diane Alexander Patterson, remarked there were members of the audience from West Ordway, a neighborhood of 14 residential homes of which 13 were either original owners or adult children who bought back into the neighborhood. She submitted a petition from neighbors on Ordway and Della Lane who were opposed to rezoning this quiet residential neighborhood to vacation rental properties. She detailed the issues caused by one such rental at 1646 West Ordway that had an illegally converted garage used as a 5 th bedroom /bathroom that was advertised as sleeping 20. She addressed the noise from parties that impacted the neighborhood until the early morning hours, making the point the home was rented consistently and the nuisance never stopped. She requested Council's assistance with this neighborhood problem. Mayor Tait referred Ms. Patterson to Deputy City Manager, Greg Garcia. Robert Huard, also residing on Ordway, added his concerns with this vacation rental site, and the real impacts to nearby neighbors by renters who did not abide by the rules. Mayor Tait requested the City Manager investigate whether the recently adopted vacation rental ordinance was being enforced properly. Mike Eveland remarked he worked at Disney in animation for the last 15 years on a 3:00 AM shift and lived next to the vacation rental property on Ordway. He stressed the considerable impact this property had on his quality of life, not only with disturbing his sleep but also with beer bottles and cigarette butts regularly tossed over his backyard fence. Council Member Kring remarked she was very familiar with this neighborhood and had contacted the property owner regarding the issues that had been identified in addition to city code enforcement about the illegal garage conversion. Council Member Eastman remarked this was the city's first attempt in regulating vacation rentals and should the ordinance require amendments, Council had the ability to take that action. She encouraged neighbors to report all problems and to allow the city to address their concerns. Daniel DeMeyere, resident, addressed the impacts to his neighborhood as a result of the Brookhurst Street Widening Project. He requested a meeting be scheduled with the City Manager and staff for residents and business owners to address their concerns. Mayor Tait requested staff accommodate the requested meeting. R. Joshua Collins, Homeless Advocates for Christ, reported on a Homeless Bill of Rights for California, encouraging the city to endorse legislation that protected the civil and human rights of the homeless. In addition he believed outsourcing jobs by big corporations was linked to unemployment and homelessness, encouraging the public to boycott businesses such as Disney and The Gap for this practice. James Robert Reade read a posting from his website, City Council Minutes of August 12, 2014 Page 5 of 14 Ron Bengochea encouraged residents to register and vote in the November election. Referencing the districting ballot measure being considered, he believed it would create a divide in the community and preferred having the ability to vote for the best qualified candidates and having all Council Members be responsive to him, rather than one. Speaking to the Brookhurst Street Widening project, he opposed widening the street and then adding an island that essentially restricted residents and emergency vehicles from direct access to a neighborhood. Jeannette Saldivar, Benito Juarez community, remarked as a parent she was reaching out to the city because Principal Robert Baeza had been transferred from Juarez elementary school against the wishes of the parents who believed he exceeded expectations with students and had their best interests in mind. She expressed regret that Dr. Jose Moreno, a school board member, did not respond to the parents' requests for assistance and why she was asking the city to help. The City Clerk announced that Agenda Item No. 27, the Ball /Sunkist Intersection Improvement Project, and reminded the public that that the public comment portion of that hearing was closed at the July 22 Council meeting and that the appropriate time for interested parties to address this item would be during this three minute comment period. Stephanie Stieler, First Lodge International Foundation, spoke in support of extending City Net agreement, which provided various collaborative services to help prevent and combat homelessness. She asserted the program was working and was such a worthy effort because all the agencies, non - profits and faith -based organizations were working together to get the homeless off the street on a case -by -case basis. Cynthia Schaldenbrand addressing Item No. 27, remarked she and her client met with Public Works staff at the request of Council, and reviewed staff's preferred plan; agreement had been reached on a number of points while agreeing to disagree on others. She explained a copy of her detailed notes from that meeting and a PowerPoint presentation was available for Council's review, emphasizing that her client stressed this intersection improvement was not needed. However, should Council go forward with the project, Ms. requested council consider the following on behalf of the Plaza landowners when making their determination; i.e., the parking lot was currently 58 feet wide and would be reduced by another six inches with the plan proposed by staff, and should actually be 60 feet wide to work properly. In addition, her clients would be losing the green areas that abut the lot. Dr. Jose Moreno remarked he made the decision to run for City Council to bring about balance to neighborhoods and fairness to the city, to engage its residents and listen to their concerns, and to promote a budget that was fair with a deeper engagement in neighborhoods and an investment in children. COUNCIL COMMUNICATIONS Mayor Pro Tern Murray emphasized the city was coming back stronger out of a deep recession over the last two years, and was able to balance the budget and reinvest heavily in neighborhoods. Mayor Pro Tern Murray encouraged residents to visit the city's website to view the number of projects planned throughout the City and requested the City Manager consolidate information regarding projects and Council's action. She added the majority of the 100 capital projects and service enhancements over the last two years was in the downtown and distressed areas as well as the west end of the city, and invited community City Council Minutes of August 12, 2014 Page 6 of 14 members to take a look at a map in city hall lobby identifying those projects and services and get the facts for themselves. CITY MANAGER'S UPDATE None At 6:47 P.M., the Council meeting was briefly recessed to consider the Housing Authority agenda and reconvened at 6:48 P.M. CONSENT CALENDAR Mayor Tait pulled Agenda Item No. 17 from the consent calendar for further discussion and Council Member Eastman removed Item No. 15. Council Member Kring 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: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried. 8105 3. Receive and file minutes of the Park and Recreation Commission meetings of March 26, 2014 and May 28, 2014, Cultural and Heritage Commission meeting of June 19, 2014 and Public Utilities Board meeting of May 28, 2014. B128 4. Approve the fiscal year 2013/14 write -off of uncollectible miscellaneous accounts receivable totaling $902,136. D182 5. Approve and authorize the Public Utilities Department fiscal year 2013/14 net write -off of uncollectible utility customer accounts totaling $765,504. D180 6. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to DDL Traffic, Inc., in the amount of $98,585.10, for the purchase and installation Global Traffic Technologies Opticom system components for the expansion of the City's Emergency Vehicle Preemption Traffic Systems. 7. Award the contract to the lowest responsible bidder, Pro Tech Engineering Corporation, AGR 8327 in the amount of $417,500, for the traffic signal system improvements at Lincoln Avenue and Rio Vista Street, Lincoln Avenue and Kingsley Street, Anaheim Shores Drive /Fairview Street and La Palma Avenue, and Broadway and Loara Street and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 8. Award the contract to the lowest responsible bidder, IBN Construction, Inc., in the AGR -8328 amount of $928,000, for the Sage Park Restroom and Play Area Renovation Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 9. Approve the Agreement for Acquisition of Real Property with Cecil Y. Addenbrooke, in AGR -8329 the acquisition payment amount of $442,000, for property located at 1232 North Brookhurst Street for the Brookhurst Street Improvement Project from 1 -5 to the SR -91 Freeway (R/W ACQ2013- 00451). AGR -8330 10. Approve the Agreement for Acquisition of Real Property with Maggie Yu, in the acquisition payment amount of $420,000, for property located at 1236 North Brookhurst City Council Minutes of August 12, 2014 Page 7 of 14 Street for the Brookhurst Street Improvement Project from 1 -5 to the SR -91 Freeway (R/W ACQ2013- 00452). AGR -8331 11. Approve the Agreement for Acquisition of Real Property with Roger and Yazmin Alarcon, in the acquisition payment amount of $457,000, for property located at 1164 North Brookhurst Street for the Brookhurst Street Improvement Project from 1 -5 to the SR -91 Freeway (R/W ACQ2013- 00442). 12. Approve an agreement with National Railroad Passenger Corporation, in the amount of $752,016, for the procurement, design, development, installation and integration of the AGR - 8246.1 Anaheim Regional Transportation Intermodal Center Passenger Information Display System and authorize the Public Works Director to approve additional expenditures for work not included in the scope of services, not to exceed 15% of the agreement amount. 13. Approve three (3) Pipeline License Agreements (Agreements) with Burlington Northern AGR -8332 Santa Fe Railway Company (BNSF) for the installation of a 12" water line, an 8" sewer AGR - 8332.1 line and a 48" storm drain line across the BNSF corridor at Lakeview Avenue and AGR - 8332.11 Orangethorpe Avenue and authorize the Public Utilities General Manager and Public Works Director to execute all other related documents and to take such actions as necessary to implement the Agreements. 14. Approve the Dynamic Scheduling Agreement for Scheduling Coordinators (Agreement) AGR - 3712.2.1 with the California Independent System Operator and authorize the Public Utilities General Manager, or his designee, to execute the Agreement, amendments to the attachments of the Agreement and any other related documents, and to take any and all actions necessary to implement and administer the Agreement. AGR - 5792.6 16. Approve an agreement, with SRA International, Inc., for intelligence analyst services, the costs for which are reimbursed by the Urban Areas Security Initiative funding, and authorize the Chief of Police, or his designee, to take all actions on behalf of the City as provided in the agreement. P124 18. RESOLUTION NO. 2014 -142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11707, 11708 and 11709). C350 19. RESOLUTION NO. 2014 -143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Negative Declaration for the Well No. 59 Project and determining its adequacy to serve as the required environmental documentation pursuant to the California Environmental Quality Act (CEQA). T105 20. RESOLUTION NO. 2014 -144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 06 -2 (Stadium Lofts). RESOLUTION NO. 2014 -145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle). City Council Minutes of August 12, 2014 Page 8 of 14 21. RESOLUTION NO. 2014 -146 A RESOLUTION OF THE CITY COUNCIL OF D182 THE CITY OF ANAHEIM determining that a procurement target for energy storage systems is not appropriate due to lack of cost - effective and viable options and authorizing the Public Utilities Manager or designee to prepare, execute, and submit documents and take such actions as necessary in connection with determination made hereunder (AB 2514). 22. RESOLUTION NO. 2014 -147 A RESOLUTION OF THE CITY COUNCIL OF D154.5 THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications assigned to the part -time customer service employees represented by the International Brotherhood of Electrical Workers, Local 47. 23. RESOLUTION NO. 2014 -148 A RESOLUTION OF THE CITY COUNCIL OF D154.3 THE CITY OF ANAHEIM amending Resolution No. 2014 -097 which established rates of compensation for classifications designated as Police Safety Management. RESOLUTION NO. 2014 -149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014 -092 which established rates of compensation for classifications designated as Executive Management. RESOLUTION NO. 2014 -150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Police Management Association and the City of Anaheim. 24. ORDINANCE NO. 6303 (INTRODUCTION) AN ORDINANCE OF THE CITY C280 OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2013 - 00254; DEV2013- 0056)(1619 South Euclid Street). 25. ORDINANCE NO. 6304 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim C280 Municipal Code relating to zoning (Reclassification No. 2014 - 00266; DEV2013- 00015)(1807 -1855 West Orange Avenue). END OF CONSENT CALENDAR 15. Approve an agreement with Trauma Intervention Program, Inc., in an amount not to exceed $4,500 $180,000, for a five year term for on -scene emotional and practical AGR- 7287.A support to the victims, families, and others during and after emergencies, and at other times when requested by first responders. This item was approved with the not to exceed amount of $180,000 consistent with the Trauma Intervention Program, Inc. agreement. Rusty Coffelt, Deputy Fire Chief, reported the Fire Department was asking for approval of a five year agreement with Trauma Intervention Program (TIP) for the delivery of on- scene, emotional and practical support to victims, families and others during and after emergencies and at other times when requested by first responders. In 2012, Council approved a two year agreement with TIP and since that time had seen real benefits from this service with over 1,200 intervention services performed at a cost of 10 cents per resident. He explained the Department often had City Council Minutes of August 12, 2014 Page 9 of 14 no opportunity to stay and offer support and assist family members or victims, and this program allowed for that level of care. At this time, staff was requesting a five year agreement at a cost of $35,300 per year for a total of $180,000 with funding already allocated in the Department's FY 2014/15 budget and future years subject to Council's approval of budget appropriations at that time. Council Member Eastman indicated there were many and varied traumas that happened to residents and/or visitors unexpectedly and a need for first responders to immediately return to duty. She noted these generous volunteers offered support and guidance; a value she believed far outweighed the cost for training and equipping those volunteers. She then moved to approve Agenda Item No. 15, a five year agreement for TIP services at a cost not to exceed $180,000, seconded by Mayor Pro Tern Murray. Discussion: Council Member Kring drew attention to the fact that even though volunteers were not paid, there were four TIP staff members with salaries and operational needs to fund. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried. 17. Approve and authorize the City Manager to execute and administer an agreement with City Net, in an amount not to exceed $160,000, to provide various services to help AGR- 7999.11 prevent and combat homelessness. Kristine Ridge, Interim Assistant City Manager, reported this item was for the recommended approval of an agreement with City Net to continue to assist the city on addressing the homeless in the community. She indicated City Net had seen impressive results in the last six months using collaborative partnerships with non - profits and faith -based groups already in the community, pointing out their efforts removed individuals off the street, leveraged additional resources and reduced police calls for service. Brad Fieldhouse, City Net Executive Director, advised that as of January 1 st to today's date, 119 households (192 individuals) were moved off the streets or out of parks, and were on their way to supportive housing in various manners. He stated that every single household or individual had a story to tell, and that the efforts of many collaborative partners using the same strategy on a case -by -case basis had seen successful results. George Grayson, City Net, illustrated one such story, a 57 year old woman, a cancer patient, who had been living in La Palma Park for some time would have her Section 8 vouchers reinstated and a furnished apartment at Lodge Manor waiting for her once her medical treatments were completed. He thanked the city for their confidence in City Net and the opportunity to help the homeless. Mayor Tait explained the city of Anaheim addressed the homeless situation as a community issue, thanking City Net for their collaborative efforts in bringing faith -based organizations, non - profits, and many others to work together solving each individual problem. Mayor Tait then moved to approve Agenda Item No. 17, seconded by Mayor Pro Tern Murray. Discussion: Mayor Pro Tern Murray inquired if the school districts were involved with Ms. Ridge responding a special education program, in conjunction with the Illumination Foundation, identified youth within the Anaheim school districts who were facing homelessness. Ms. Murray recommended that process remain and that students were tracked with outreach going out to help those families as well. Council Member Eastman remarked she had accompanied Ms. Ridge on a field trip to check out a homeless shelter with another incredible success record in City Council Minutes of August 12, 2014 Page 10 of 14 San Diego and found they had placed 850 people in permanent or supportive housing in less than 18 months, in a slightly different process. Sharing Anaheim's program, she remarked, it was evident to her that the city was on the right track. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried. 26. RESOLUTION NO. 2014 -151 A RESOLUTION OF THE CITY COUNCIL OF 0182 THE CITY OF ANAHEIM modifying and ordering the implementation of the Water Reduction Plan of Chapter 10.18 of the Anaheim Municipal Code in compliance with recently adopted mandatory drought regulations of the State Water Resources Control Board. Dukku Lee, Public Utilities Department, updated Council on the drought situation in California that impacted long -term water storage supplies. He informed Council that this July, the State Water Resources Control Board implemented an emergency regulation that identified four specific types of outdoor water use that was now restricted throughout the state and that each water agency must comply with or face fines up to $10,000 a day. He then listed those mandatory restrictions: • No outdoor irrigation that caused excessive runoff; i.e. pooling of water on hardscape and water running into gutters and sprinklers; • No washing of motor vehicles unless the hose was fitted with shutoff nozzle; • No washing down of driveways or sidewalks with water, however, there was an exception for public health conditions; • No use of potable water for fountains and other water features unless the water was recirculated. Mr. Lee announced after reviewing these four restrictions, staff concurred they were reasonable and that the attached resolution would bring the city into compliance with those measures. He accentuated education and outreach as the most effective tool in reducing water waste and promoting conservation in Anaheim, noting staff was using personal contact, door hangers and other media to inform customers. He remarked the resolution also included additional measures related to timing of outdoor water that would be applicable to all city and private facilities to reduce loss from evaporation and there was a moratorium in place on fire hydrant flushing, a practice to keep water quality levels high. Furthermore, staff had been investigating recapturing technologies so that if a hydrant needed flushing, the runoff could be collected and used for other non - drinking purposes. He pointed out this community had been responsive to calls for conservation for some time now and over the last decade, the number of residential customers increased by five percent while the average residential water use decreased from 108 gallons per person, per day, to 93 gallons per person, per day, a 15 percent reduction. Since the Governor's drought declaration this January, Mr. Lee emphasized the Department had been stepping up conservation messages and had seen a three percent decrease versus the same time last year and had also received a number of applications for turf replacement rebates which should mean there would be more water conservation coming in as residents or businesses installed their drought tolerant landscape or artificial turf. He pointed out that replacing 1,200 square feet of turf would save 50,000 gallons of water per year and the water bill reduced by about $140. Moreover, Utility staff had been promoting water conservation City Council Minutes of August 12, 2014 Page 11 of 14 programs and asking field employees as well as retired employees to be part of customer education and outreach efforts. From feedback received from Council last May, staff had also encouraged restaurants to place placards on tables so that water was not served unless requested, and those placards were offered at no cost to any participating restaurants. Future efforts would include a public service video for Channel 3 and a banner message to remind customers about how to save water and receive details about rebates. Council Member Kring inquired if CALTRANS was on board with these mandates with Mr. Lee remarking discussions were held with CALTRANS staff and they were also aware of the state mandates. Don Calkins, Water Manager, added that staff had been working with CALTRANS and they had established a goal of reducing their water use by 50 percent and were more aggressively dealing with this situation by installing weather based irrigation controllers. Council Member Kring emphasized that the Fire Department was cutting back as well, although at times, "wet training" was still used. Council Member Kring moved to approve RESOLUTION NO. 2014 -151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying and ordering the implementation of the Water Reduction Plan of Chapter 10.18 of the Anaheim Municipal Code in compliance with recently adopted mandatory drought regulations of the State Water Resources Control Board, seconded by Council Member Eastman. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried. PUBLIC HEARINGS C350 27. This is a continued public hearing to consider a resolution approving the Mitigated Negative Declaration and Mitigation Monitoring Plan and determine their adequacy to serve as the required environmental documentation for the Ball Road and Sunkist Street Intersection Improvement Project (continued from July 22, 2014, Item No. 29). RESOLUTION NO. 2014 -152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Mitigated Negative Declaration and Mitigation Monitoring Plan and determining their adequacy to serve as the required environmental documentation for the Ball Road and Sunkist Street Intersection Improvement Project. Public Works Director Natalie Meeks introduced Acting City Engineer Rudy Emami, who would present steps the city had taken with regard to a discussion that was held with the property owners of Sunkist Plaza. BACKGROUND: Mr. Emami remarked that Ball Road was one of three access points to the 57 freeway with an average daily traffic of over 51,000 vehicles per day and Sunkist Street served traffic volumes of 15,500 cars per day with a peak hour of almost 13,000 vehicles and without this project, would be classified as an E or F level of service (F being failing). The current situation saw vehicles queuing for about 2,000 feet at the Ball Road intersection and taking multiple cycles to get through the intersection. The northbound 1 Lane was blocked as vehicles waited for an opening to turn left through the queuing and when an opening occurred and traffic moved, the southbound traffic was further delayed. In addition, he stated, there was the potential for a rear -end collision of the stopped northbound vehicles as vehicles made left turns and the view of oncoming cars in Lane 2 was restricted. Often, he commented, the backup north along Sunkist could take three signal cycles with the backup looking north along Sunkist taking just as long. City Council Minutes of August 12, 2014 Page 12 of 14 Mr. Emami remarked staff analyzed four different alternatives and their impacts, presented them to the community in 2011 and heard and addressed their primary concerns: that is; loss of on- street parking on Ball Road which was addressed by eliminating the widening on the northwest segment of Ball; property acquisition concerns and loss of parking on private property which was solved by limiting the cross section to the bare minimum while still maintaining the objectives of the project. Other mitigation would see phased construction implemented, access requirements maintained to allow businesses to remain open during construction, and the use of signage to facilitate access to the Plaza. In addition, other neighborhood friendly requirements were included in the building specifications to solve construction impact concerns. He stated this redesign alternative offered the greatest public good and the least private injury, met the overall purpose and need for the project to relieve current and future congestion on both streets, and would provide an ADA compliant bus stop and improved bike safety on Sunkist. He explained Ball Road would be widened by 8 feet east of Sunkist; Sunkist would be widened by 10 feet south of Ball and 11 feet north of Ball, adding one thru lane on the Ball Road westbound direction and maintaining a dedicated right turn lane; and also providing dual left turn lanes on Sunkist in the southbound direction. At the previous meeting, he stated, the owners of Sunkist Plaza spoke of their concerns. Staff had since met with the family and attorney to clarify the scope of the project and explained the measures being taken to minimize impacts. The preferred alternative was explained along with its specific impacts to their property. Mr. Emami reported staff was able to maintain all existing parking on their property, although there were a few parking spaces lost on city property. Another change saw a slight shift in the Sunkist driveway to improve the existing line of sight when exiting the property, emphasizing that staff would continue to work with the landowner to best locate this position. From that meeting, he pointed out, staff also heard a concern regarding left turns out of Sunkist side of the property and added KEEP CLEAR stenciling on Sunkist for a clear path out of the Plaza. One of the property owner's biggest concern was the impact to parking, with Mr. Emami stating that in the proposed project, the parking stalls as well as the drive aisles remained in their existing location, and the only difference being the overhang of vehicles onto a landscaped strip owned and maintained by the city which would not interfere with pedestrians using the sidewalk. Moreover, each retailer in the shopping center would be given a contact person to resolve any issues that came up during construction, which would begin after acquisition was completed. Council Member Kring remarked she had no problem at that intersection; however, she planned her use when school drop -offs or pickups were not an issue. Ms. Meeks responded that traffic problems tended to occur during peak hour morning and evening in all intersections of the city, but in this instance, it was not just the school causing congestion, it was general traffic at an intersection that was one of the main entrances from the 57 freeway into the city. The reality was, she emphasized, that this intersection was congested and would continue to worsen if no mitigation measures were taken. Mayor Tait remarked in his mind the project was necessary and appreciated staff's assurance to deal with problems that occurred with the least impact to this area. The hearing was closed and Council Member Eastman moved to approve RESOLUTION NO. 2014 -152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Mitigated Negative Declaration and Mitigation Monitoring Plan and determining their adequacy to serve as the required environmental documentation for the Ball Road and Sunkist Street Intersection Improvement Project, seconded by Mayor Pro Tem Murray. Roll Call Vote: City Council Minutes of August 12, 2014 Page 13 of 14 AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried. Mayor Tait recognized a number of individuals who just entered Council Chambers, remarking they were a number of young soccer players and their families who had come to the meeting asking why they were not able to play soccer at their local park. He invited Community Services Director Terry Lowe to address this concern. City Attorney, Michael Houston remarked it would be appropriate to ask questions of city staff and staff could respond, but that discussion on the topic should be limited as it was not an agendized item. Mr. Lowe stated it was his understanding that a group of soccer players, who had been playing soccer for some time but were not affiliated with an organized group because of the costs involved, was unable to play on their local field today, due to another group who was permitted to play there. He added the city had around 70 youth sports organizations playing in parks throughout the city. In this instance, he remarked, staff would meet with the group and find them a place to play without the need to join an organized league. Translation: Language. Spanish. Theresa Bass, Assistant City Clerk, translated the information provided by Mr. Lowe and comments by Mayor Tait, to the players and their families. Mayor Tait made the point that this was a good civics lesson for the young resulting in a positive experience and outcome and he was appreciative of staff's assistance. 28. This is a public hearing to consider approval of a resolution creating Underground District No. 63 (Lincoln /Rio Vista). RESOLUTION NO. 2014 -153 A RESOLUTION OF THE CITY COUNCIL OF T107 THE CITY OF ANAHEIM creating Underground District No. 63 (Lincoln /Rio Vista) and determining said action is exempt from the California Environmental Quality Act pursuant to guideline section 15302(c). City Clerk Linda Andal announced the public hearing, stating public comment period was limited to five minutes. Dukku Lee, Public Utilities, announced at the last meeting Council approved a five year plan consisting of various projects placing overhead utilities underground to improve service reliability and beautify major corridors. This item would establish the 63r district on Lincoln, crossing the 57 freeway over to Rio Vista, and up and over the 91 freeway. Formation of the district he remarked compelled other agencies with facilities on utility poles such as phone, cable TV and internet providers to underground wires at their expense. One of the major characterization of this district, he emphasized, was the undergrounding of two freeway crossings along the 57 and the 91 freeways and to accomplish this, the department would be installing multiple casings about 10 to 15 feet below the freeway. As with any undergrounding project, he added, staff would work with the community to place electrical facilities in areas causing the least impact to the neighborhood; construction would occur in mid -2015 subject to coordination activities with CALTRANS and other communication companies. Mayor Tait opened the public hearing for comments and receiving none, closed the hearing. Council Member Kring moved to approve RESOLUTION NO. 2014 -153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM creating Underground District No. 63 City Council Minutes of August 12, 2014 Page 14 of 14 (Lincoln /Rio Vista) and determining said action is exempt from the California Environmental Quality Act pursuant to guideline section 15302(c), seconded by Council Member Eastman. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried CONTINUED CLOSED SESSION At 7:43 P.M., Council recessed to continue consideration of remaining items on the closed session agenda and reconvened council agenda at 7:56 P.M. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS: Council Member Eastman congratulated Public Utilities and Planning Departments on their recognition from the ACCOC Golden Hub of Innovations and spoke of a new business opening in Anaheim, Rita's Italian Ice. She requested staff work on setting a date for the next military banner and the unveiling of the Purple Heart City sign. Council Member Kring announced the 9/11 Day of Remembrance Ceremony at the Anaheim Convention Center Grand Plaza, congratulated Bruno for receiving the 2014 Canine Excellence Award by The American Kennel Club and the Anaheim Police Department for arresting the suspect in the July 14, 2014 fatal shooting of Agustin Villages. She spoke of National NIGHT Out and their activities and thanked the Anaheim Police and Fire Department and the various support units for their participation. Mayor Pro Tern Murray spoke of her attendance at a dinner with the United States Men's National Indoor Volleyball Team and announced the following upcoming events: the United States Men's National Indoor Volleyball Team match against Iran Men's National Volleyball Team on August 13 th ; " Keep the Angels In Anaheim" rally at the Catch Restaurant; YMCA "Escape the Heat" free public swimming on August 16 and 17 KABOOM! Play Together Festival on August 16 and 17 and Community Health Fair on August 17 She highlighted several community projects and reminded the public that maps were available at City libraries and in the lobby at City Hall showing project locations. Mayor Tait reported his attendance at the US Conference of Mayors and congratulated all the volunteers that participated in the Eid Festival and Father Joe Boules on the opening of the Sunday school facilities at St. Verena Coptic Orthodox Church. He spoke of the Magnolia School District program that provided free swimming lessons to every 3rd grader and his attendance at the Anaheim Police and Fire National Night Out. ADJOURNMENT With no other business to conduct, Mayor Tait adjourned the August 12, 2014 meeting at 8:13 P.M.