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2014/09/23 ANAHEIM CITY COUNCIL REGULAR MEETING OF SEPTEMBER 23, 2014 The regular meeting of September 23, 2014 was called to order by Mayor Tait at 3:07 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 September 19, 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. ANAHEIM REGIONAL TRANSPORTATION INTERMODAL CENTER (ARTIC): Natalie Meeks, Public Works Director, updated Council and the community on the ARTIC project, a regional transportation hub that would offer local and regional transit choices in one location where freeways, major arterials, bus routes and the rail system intersected. She noted the facility was already recognized as a landmark and that Anaheim's vision of an iconic transportation center had been realized, bringing attention to the transit opportunities now available in Anaheim and in Orange County. The construction project was on time and on budget, a significant achievement for a project of this size, and Clark Construction would have it substantially completed in November, allowing for service providers and tenants to prepare for a December opening. Currently, she stated, the building was enclosed and work was underway on interior improvements and exterior flatwork and landscaping. The rail and platform work were also in the finishing phases with Ms. Meeks pointing out that half of the value of the project was reflected in the rail and site improvements. She indicated the original construction contract was $126 million, with change orders adding $4.6 million, and while that was a substantial figure, it was only 3.6 percent of the construction cost and considered low for a construction project of this significance. Ms. Meeks remarked the primary function of this facility had always been the ease of access and connectivity for transit users. Several renderings showing the operation of the facility and the public circulation element were provided with Ms. Meeks pointing out the various features of the site. The Transit Plaza was located on the north- facing front of the building; one parking lot was located in the front adjacent to Katella Avenue, another was situated behind the platforms, and the parking spaces in the stadium parking lot could be accessed from the north -end of the platforms. She indicated staff was negotiating agreements with tenants as well as service providers and had finalized agreements with the following: Amtrak, Metrolink, OCTA, ATN, Coach USA, Greyhound, other shuttle and bus providers, as well as taxis and special bicycle amenities. The ARTIC facility would be managed by Lincoln Property Management, whose responsibilities included technology and communications, parking security, janitorial, marketing, special events and leasing. She added that Lincoln was awarded the management contract in December 2013 and had been working with the city on developing advertising and sponsorship programs as well as securing a major maintenance firm for the site. Additionally, staff was working on leasing the retail areas with the first lease finalized with Lost Bean, a gourmet and sustainable coffee and tea shop and the second lease with Mission Market, a convenience store that staff believed was a good fit for Anaheim as it focused on innovative design, intelligent management and that staff would earn well above minimum wage; Mission Market had already begun recruiting locally. Two large restaurant spaces were available on the second floor with City Council Minutes of September 23, 2014 Page 2 of 18 Ms. Meeks indicating staff was in final negotiation process with those tenants. In addition to the restaurants, there was space for property management offices, a conference room and other ancillary uses. She pointed out there were great views to be seen from the mezzanine level and seating, charging stations, retail and other back of house uses would be located there. In addition, the public would be able to access the bridge to the platforms at the south -end of the building. The drop off area would see the public move up to the ticket/lobby area via escalators, up again to retail and restaurants and up one more level to the visitor area and the concourse bridge. She pointed out the river trail, east of the facility, would now offer a connection to the bikeway trail and via a recent grant that had been received, the city would add some improvements along the bikeway with lighting and a wider path to separate the bicyclists from the pedestrians who also wanted to enjoy the river views. Ms. Meeks reported that the major maintenance management agreement for the ARTIC facility was on tonight's agenda to hire a firm to manage the essential infrastructure and building systems, grounds maintenance and other related facility management activities that were required to support this LEED Platinum high -tech design. An advertising vendor agreement was in the negotiation stages and staff anticipated it would be ready for Council consideration for the October agenda and would help offset the operational costs for ARTIC. The department had also been working on a program to educate the public about the ARTIC facility, how they could use it, how it could be a benefit to them and to capitalize on the attention the facility was generating. That outreach included numerous presentations on ARTIC, what it would offer now and in the future, along with tours organized as part of the education element. She noted the department was also forming alliances with local entities, business owners, and stakeholders in an effort to create a continuous platform to support ARTIC from the opening date to beyond. One of those community alliances, she announced, was in conjunction with Alzheimer's Awareness week, when ARTIC went purple to bring attention to that disease and to involve the facility with community events. During October, the ARTIC website would go live and allow the department to transition from the current website which was designed around planning, construction and information on the more technical aspects of the design, to a more useful website for transit users. She indicated that staff was also developing a presence on social media as a way to disseminate specific content on an ongoing basis to engage with the public. Ms. Meeks indicated staff would continue to pursue revenue contributions to offset ARTIC operating costs involving retail leasing, adding that some transportation providers were also leasing space from the city. In addition, Lincoln Property Management would be marketing special events, parking, indoor and outdoor advertising, billboards, charging stations that were advertising sponsors while another firm was marketing ARTIC naming rights. Avalanche 3D was assisting the city with time lapse video clips on the construction and educational videos highlighting the LEED aspects of the project which would be available in kiosks within the building and for schools and organizations. She noted Avalanche was also producing a 3D documentary about the facility and showed a short clip of that video that highlighted the properties of the EFTE translucent building material that was so unique to ARTIC. Ms. Meeks ended the presentation stating ARTIC had already received a number of awards as a result of nominations submitted from various sources; i.e. contractors, consultants, and those working on the project. The grand opening was scheduled for December 13 with a large public gathering expected to explore ARTIC, enjoy the festivities and to interact with many community partners including the Anaheim Ducks, Angels Baseball and Disney. In addition, on December 8 a VIP event was scheduled for elected officials, project partners and the media to participate in the official ribbon cutting and dedication ceremony for ARTIC. City Council Minutes of September 23, 2014 Page 3 of 18 Mayor Pro Tem Murray remarked this facility would serve generations of travelers in Anaheim and would be the centerpiece of the LOSAN Corridor and make travel efficient for residents and visitors. She was appreciative of the thoughtful design and functionality and the passion for all those who worked on the project, and the fact that it would open on time and on budget. With no questions by Council, at 3:37 P.M., Mayor Tait called to order the Successor Agency to the Anaheim Redevelopment Agency and the Anaheim Public Financing Authority, for a joint session with the City Council related to closed session Item No. 01. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Cecil Jordan Corcoran spoke on matters unrelated to the closed session items. At 3:40 P.M., council recessed to closed session. CLOSED SESSION: Anaheim City Council, Successor Agency to the Anaheim Redevelopment Agency, and the Anaheim Public Financing Authority: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Coalition of Anaheim Taxpayers for Economic Responsibility; and Inland Oversight Committee v. City of Anaheim et al, Orange County Superior Court Case no. 30- 2014 - 00722291 City Council: 2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Initiations of litigation pursuant to paragraph (4) of subdivision (d) of the California Government Code Section 54956.9: Two potential cases. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Names of Related Cases: A White and Yellow Cab, Inc. v. City of Anaheim, OCSC Case No. 30- 2010 - 00424283 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Names of Related Cases: Rafael Gonzalez et al. v. City of Anaheim et al., 9th Cir. Case No. 11 -56360 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 of the California Government Code) Position: City Manager, City Attorney, City Clerk and City Treasurer 6. 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 City Council Minutes of September 23, 2014 Page 4 of 18 7. 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., Anaheim City Council reconvened from Closed Session and the Successor Agency to the Anaheim Redevelopment Agency and the Anaheim Public Financing Authority were adjourned. INVOCATION: Pastor Kerry Duerr, Prince of Peace Lutheran Church FLAG SALUTE: Mayor Pro Tem Kris Murray PRESENTATIONS: Recognizing D.E.V.O.T.E. Members Lisa Monteiro, Margaret Furtado, Shelly Russell, and Norissa Cuyno -Ennis for going Above and Beyond Interim City Manager Paul Emery remarked the Above and Beyond recognition was established specifically to celebrate the efforts of city employees and the services they provided; Mayor Tait then introduced four D.E.V.O.T.E. members identifying the specifics services they offered as a way to give back to the Anaheim community. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming September 27, 2014, as World Tourism Day Jay Burress, Anaheim /Orange County Visitor & Convention Bureau, accepted the World Tourism Day Proclamation expressing appreciation to city leaders for recognizing the importance of the tourism industry in Anaheim and the positive impacts it brought to the community. Proclaiming October 5 - 11, 2014, as Fire Prevention Week Jeff Lutz, Anaheim Fire Marshall, invited the community to the Ready, Set, Go Block Party on October 4 at Fire Station 10 as part of Fire Prevention Week, and to also remind the community that fire season was now year round. He addressed the California drought conditions that exacerbated wildfire conditions and the importance of being well informed on fire prevention methods which could be found on the department's website. Recognizing Jerri Rosen, Working Wardrobes Proclaiming October 2014, as Domestic Violence Awareness Month Deputy Chief Harvey announced October was Domestic Violence Awareness Month, and that the Orange County Family Justice Center which opened in 2006, focused on domestic violence prevention. Recognizing the 2013 -2014 Miss Anaheim Fall Festival and Teen Ambassadors City Council Minutes of September 23, 2014 Page 5 of 18 Proclaiming October 6, 2014, as World Habitat Day Sharon Ellis, Habitat for Humanity, announced October 6 was set aside as a day to support housing for all and to promote awareness of the need for affordable housing in this community and the surrounding areas as well as globally. At 5:23 P.M., the Anaheim Housing Authority was called to order for a joint public comment session with the Anaheim City Council. ADDITIONS /DELETIONS TO THE AGENDAS: City Clerk Linda Andal reported staff requested the following agenda items be withdrawn from the agenda: Nos. 3, 4, and 5 on the Housing Authority agenda and Item Nos. 28, 29, 30 and Public Hearing Item No. 35 on the City Council agenda. With no objection from Council, Mayor Tait stated these items were removed from the agendas. PUBLIC COMMENTS (all agenda items): Assemblywoman Sharon Quirk -Silva offered an annual update on legislative activities: • A recent public safety event was held in Anaheim regarding earthquake safety, fraud and senior scams • AB 1560 passed, the California Competes Tax Credit, to offer incentives to businesses by increasing economic development credits each year by $25 million, called a job creator by California Chamber of Commerce. • Sitting on the Higher Education Committee, members were looking at student debt, preying on students by credit card companies as well as graduation rates. • Sitting on the Transportation Committee, discussions addressed taxis, Uber and Lyft ride sharing and whether the state needed to get involved regarding safety and insurance. • Working with Mayor Pro Tem Murray on sex offender legislation, she stated the number one goal was to keep children, families, neighborhoods, parks and public places safe. t As Veteran Affairs Committee Chair, she reported members were committed to increasing the rate at which veterans connected to benefits they earned by advocating for programs that linked veterans with federal benefits, increased access to higher education, transitional and supportive housing and promoting increased health care services • Ms. Quirk -Silva reported there were six legislative bills passed, and eight bills were now awaiting the Governor's signature. One was AB 1453, the Orange County Veterans Cemetery Bill, a bi- partisan effort working closely with the city of Irvine which voted unanimously to convey 125 acres for this site. She urged the community to call the Governor asking that he sign the legislation that had a deadline date for approval by September 30 Mayor Pro Tem Murray thanked Assemblywoman Quirk -Silva and her staff for working on the sex offender legislation so that cities could govern on issues of sex offenders in parks and for all her efforts on behalf of veterans. Mayor Pro Tem Murray added Anaheim had partnered with her office on a number of programs, including the Job Fair this year, making sure there was a component to help veterans transition back into the work force. Ms. Quirk -Silva mentioned that Prop 41 which was focused on veterans housing passed in June and there would be stakeholders meetings within the next several months with an RFP to follow. Congresswoman Loretta Sanchez presented her annual update to the community stating as a member of the Armed Services Committee and Homeland Security, much of the work that went City Council Minutes of September 23, 2014 Page 6 of 18 on in Washington dealt with strife worldwide. Issues closer to home was reflective of the high cost of housing in Orange County and the effects of the housing loan crisis. She sought ways to save homes, supported funding to NeighborWorks, a nonprofit that helped create jobs while offering foreclosure prevention services to residents, and was able to get many refinanced before the crisis peaked. She put funds into the Neighborhood Stabilization Program, working with the city of Anaheim to get 21 homes out of foreclosure, to get them out of rundown neighborhoods, and rehabbed those homes for first -time working class families. She supported changing the tax law that no longer taxed individuals whose lending institution forgave a loan. She remarked on September 7 her office hosted a housing resource workshop to help homeowners learn about Keep Your Home California, a federally- funded program that helped qualifying homeowners retain their home if they suffered a financial hardship. Congresswoman Sanchez also worked to get funding for ARTIC, a forward thinking project that would make Anaheim even more important. Her office was also seeking to fund more international flights at John Wayne Airport and in this past year, had over $3 million in grant funding given to organization with work within Anaheim, i.e. children with disabilities and their families, homeless prevention for at risk veterans and providing assistance to their families, assisting low income parents pursue a secondary education by offering child care, and was currently working on increasing the number of Pell education grants to bring down the cost of borrowing for students so they had an opportunity to make a life for themselves in the future. Mayor Tait requested Congresswoman Sanchez and Assemblywoman Quirk -Silva let the service men and women know how much the city of Anaheim appreciates their service to our country. Cecil Jordan Corcoran addressed his comments to the war against ISIL. Jennifer Lucera Jones, representing Autism Speaks, invited the community to an upcoming fundraiser on December 7 a walk to be held at Angel Stadium. She reported one out of 68 children in the nation were diagnosed with autism, which covered a broad spectrum of high functioning to very low functioning individuals and hoped the community would show their support in December. Daniel DeMeyere, resident, reported the following issues regarding the Brookhurst Street Improvement project and submitted pictures: the weeds were cut only on his block with cuttings left in place, a tree in the middle of the island had been dug up and left to die, the sidewalks on the eastside were not finished and the entire west side of the sidewalk had been closed to pedestrians for two days, a violation of ADA regulations, and the graffiti between the walls and the homes had not been addressed. Kurt Brunner, resident, remarked that he and four neighbors had met with the City Manager and several city employees to discuss concerns regarding the construction on Brookhurst Street. The issues discussed were how this project could be considered a benefit to his neighborhood as property owners were required to drive additional miles for ingress /egress into their neighborhoods, some homeowners had been displaced and property values decreased. In addition, the completion had been delayed and there were some concerns raised relative to the contractor's competency and the construction award process. Mr. Brunner stated the neighborhood's primary concern was the need for a traffic signal at the intersection of Brookhurst and Crestwood and a petition with 82 signatures had been submitted in support of that request. He urged Council to install a signal at that intersection to address safety concerns. Mayor Tait requested a report from staff on this matter. City Council Minutes of September 23, 2014 Page 7 of 18 William Fitzgerald spoke in opposition to Agenda Item No. 35, the rezoning of parkland to industrial use. He alleged that the zoning change was solely to benefit the Disney Corporation and urged the community to not reelect council incumbents in November because of their ties to Disney. John Dunton, resident, urged Council to act quickly to retain Angels Baseball, remarking they were negotiating with three different venues with the intention of leaving Anaheim. He indicated he had also initiated an FBI investigation of Craig Hunter on behalf of a number of police department personnel who wanted justice for Hunter's wrongdoings as an Anaheim police officer. Aviella Winder, Do the Right Thing Program, remarked the Police Department would be honoring children in the community for "doing the right thing" with the first award scheduled for November 19 asking that nominations be submitted on the Cops4Kids website. "Mama" Breezy Mae, Santa Ana Civic Center Round Table, spoke on behalf of the homeless in Anaheim, asking that bathrooms remain from 6:00 a.m. to 10:00 P.M. at Maxwell Park. She talked about the challenges living on the streets and encouraged the city to offer housing to those who were handicapped, senior citizens, and the homeless. Don, Civic Center Round Table, spoke to the need for restroom facilities for the homeless emphasizing that people were on the streets because they had no other place to shelter. He stated that a homeless shelter in Clearwater, Florida was open 24/7 allowing the homeless to cook meals and take showers, and that such facilities should be available for all. Mayor Tait explained the Coming Home Anaheim program in which nonprofit agencies, churches and other agencies collaborated on services that had been effective in getting the homeless off the streets and that the county was working on a full -time shelter in this area. He requested the City Manager discuss the options available to those in Maxwell Park. Massimo Mariui remarked the Civic Center Round Table was formed in Santa Ana because there was no task force helping the homeless and the police were citing those that stayed at the civic center. He added citations were also given to those in Maxwell Park which compounded their problems and while the homeless were in the parks, the bathrooms should remain open and stocked for their use. R. Joshua Collins, activist for homeless, stated individuals had been ticketed for minor offenses in La Palma Park when the park closed at 10:30 P.M., and he had personally interacted with an Anaheim code enforcement officer and had filed a complaint. He talked about selective enforcement in which vehicles in disrepair were targeted for citations. Stephanie Stieler, First Light International Foundation, expressed her gratitude for police personnel who worked on the Anaheim homeless team, specifically to Lt. Steve Marcin and Sgt. Mike Lozeau because the team depended on them to approach the homeless and explain what was happening and how the city's programs worked. She added that CityNet was able to place 80 to 90 people in homes, a time consuming effort to find out a person's background and history and to interview them on a one -to -one basis to find the right fit for that person. Kimberly Aronoff, Anaheim Arts Council, invited the community to attend a fundraising luncheon on October 15, 2014 at the White House Anaheim for a short presentation and open discussion on the future of arts and business in Anaheim. City Council Minutes of September 23, 2014 Page 8 of 18 Michael Buss, Anaheim Arts Council, announced the Sacred Arts Festival ending on March 21S which would take the form of a tour of ten houses of worship in Anaheim, open to the general public to see faith as it was expressed through the arts. In November, the Arts Council would recognize art in public places, and he encouraged the public to submit their recommendations. He also mentioned the Muzeo was exhibiting American Quilts in the Modern Age and the Orange County Symphony was resuming another season of music in October. Erica Miller, Chance Theater, thanked council and the community for support of their annual gala. She announced the 2014 Los Angeles Stage Alliance Ovation Award nominees had been announced and Chance Theater took home two nominations, Lysistrata Jones for best musical and best choreography. She also spoke of the coming season performances. James Robert Reade read a posting from his website. Greg Diamond requested Council address why the city deleted certain agenda items related to the loaning of funds from the Housing Authority to the city and ultimately to the Successor Agency. In his view the loan was not legal and he asked whether that supposition had been confirmed. Mark Daniels, resident, objected to James Robert Reade's statements, remarking that instead of focusing on that type of negativity, the public should be reaching out to those in need and to use this forum in a positive manner. Ron Bengochea, resident, discussed his viewpoint of the upcoming ballot measure seeking to establish districts in the City for the election of City Council Members in the future. He remarked the current at -large system meant that all five council members represented the city as a whole and that any resident could approach any one member to have their issues discussed. He added that Disney was one of the major sources of revenue to the general fund and would continue to be influential under either electoral system. Victoria de Gomez, resident, supported the need for housing and to address the needs of the many veterans who were homeless as well. COUNCIL COMMUNICATIONS: Mayor Pro Tem Murray responded to William Fitzgerald's comments stating his comments were false and without merit and that the budget was balanced, cash reserves were being restored, and Council unanimously approved 100 new projects that were investments in the community citywide. Mayor Tait remarked that he strongly disagreed with comments made by Mr. Reade this evening and over the years; however, he recognized his right to voice his opinion whether it was slanderous, racist or mean - spirited. Council Member Eastman remarked she had advocated for civility during council meetings and as such, the City Clerk read a decorum statement prior to opening public comments, but understood that civility could not be forced. CITY MANAGER'S UPDATE: Paul Emery, Interim City Manager, responded to complaints regarding homeless issues at Maxwell Park and confirmed that restrooms were open daily from 6:00 am until 10:00 pm when the park closed and that the police department provided enforcement to ensure the public was not sleeping in the park overnight. Representatives from City Net were also in attendance and City Council Minutes of September 23, 2014 Page 9 of 18 staff had provided them contact information from a number of individuals who discussed the homeless in Maxwell Park this evening for follow -up by City Net staff. At 6:47 P.M., the Anaheim City Council session was recessed to consider the Housing Authority agenda and reconvened again at 6:48 P.M. CONSENT CALENDAR: Mayor Tait remarked he would abstain on Item Nos. 17 and 18 as his firm had done volunteer work on GOALS and on Item No. 19 as his firm had worked with ABM. He then pulled Item Nos. 8, 25, 26 and 27 for further discussion to allow staff to address the reason for withdrawal of certain other agenda items. Council Member Kring removed Item No. 24 from the consent calendar for further discussion. 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 to each City Council Member and as listed on the consent calendar, with the exception of the previously deleted agenda Item Nos. 28, 29, and 30, seconded by Council Member Kring. Roll CaII Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray). NOES — 0. Motion Carried. 6. Receive and file minutes of the Sister City Commission meetings of April 28, 2014, May B105 19, 2014 and July 21, 2014, Library Board meeting of August 11, 2014, and Public Utilities Board meeting of June 25, 2014. 7. Authorize a letter to the Orange County Board of Supervisors in support of the 0144 Environmental Impact Report for the extension and amendment of the John Wayne Airport (JWA) Settlement Agreement, specifically the "Proposed Project" alternative, which proposes an increase in the annual passenger cap and the number of average daily departures from the airport while memorializing many of the neighborhood - friendly protections currently in place at JWA. D117 9. Approve the Investment Portfolio Report for August 2014. 10. Accept the bids from Barcodes LLC and Crossroads Software, Inc., in the amount of D180 $82,164.20 and $27,679.00 plus tax, respectively, for electronic citation equipment for the Anaheim Police Department, in accordance with Bid # 8281. 11. Award the contract to the lowest responsible bidder, Asplundh Construction, Corp., in AGR -8415 the amount of $7,659,777.77, for the Underground District No. 57 Phase 2 Dale Avenue Construction Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 12. Approve the Purchase and Sale Agreement and Grant Deed with Nam Van Nguyen and P109 Joseph D. Hoang, in the amount of $185,000, for the sale of a new lot created by the AGR -8416 assembly of remnant property located at 1508 and 1512 South Brookhurst Street through Lot Line Adjustment No. 0000707 (APN Nos. 128 433 -01 and 128 - 433 -02) (Brookhurst Street Widening). 13. Approve the Final Map and Subdivision Agreement with Watt Communities at Circa LLC AGR -8417 for Tract No. 17618 for property located at 801 South Anaheim Boulevard for a 42 -unit residential condominium subdivision. City Council Minutes of September 23, 2014 Page 10 of 18 AGR -8418 14. Approve the Agreement for Acquisition of Real Property with Ajit Thakrar and Jyoti P121 Thakrar, in the acquisition payment amount of $452,000, for property located at 1172 North Brookhurst Street for the Brookhurst Street Improvement Project from 1 -5 to the SR -91 Freeway (R/W ACQ2013- 00444). 15. Approve and authorize the City Manager, or his designee, to execute and administer the AGR-6020.0 Workforce Investment Act Subrecipient Agreements with North Orange County Regional Occupational Program and Orange County Conservation Corps. to implement comprehensive youth development programs through June 30, 2015 for eligible youths ages 16 -21. AGR- 1324.B.1 16. Approve and authorize the Human Resources Director to execute the First Amendment to Agreement with Project Partners, Inc., adding the classification of Senior Engineer to the temporary employment services agreement. 17. Approve a Lease Agreement with GOALS, Inc. (Growth Opportunities through Athletics, Learning & Service) to develop a second youth sports complex at 1160 Homer Street for AGR- 6828.11 a period of five years with an option for an additional five -year term, and determine that in accordance with Section 15070 of the California Environmental Quality Act Guidelines and on the basis of the Negative Declaration prepared for the proposed project, that approval of the lease will have a Tess than significant impact upon the environment. Mayor Tait recorded an abstention on this item. Motion E /K; Approved Vote: AYES - 4: Mayor Pro Tem Murray and Council Members Eastman, Brandman and Kring. NOES — 0. ABSTENTION - 1: Mayor Tait). Motion Carried. 18. Approve the Seventh Amendment to License Agreement with Growth Opportunities AGR-3450.7 through Athletics, Learning & Service (GOALS) to make temporary building improvements to Martin Recreation Center, located at 1151 N. Anaheim Blvd., for the purpose of conducting sports and social programs for under - privileged area youth. Mayor Tait recorded an abstention on this item. Motion E/K; Approved Vote: AYES - 4: (Mayor Pro Tem Murray and Council Members Eastman, Brandman and Kring). NOES — 0. ABSTENTION - 1: Mayor Tait). Motion Carried. 19. Approve and authorize the Director of Public Works to execute and take the necessary actions to implement and administer the Major Maintenance Agreement, and any related AGR -8419 documents or agreements, with ABM Onsite Services -West, Inc., in the amount of $481,282 from commencement date through June 2015, $928,898 for fiscal year 2015/16, and to be adjusted annually thereafter, for maintenance services for the Anaheim Regional Transportation Intermodal Center for a term of five years with up to two, one -year extensions. Mayor Tait recorded an abstention on this item. Motion E/K ; Approved Vote: AYES - 4: Mayor Pro Tem Murray and Council Members Eastman, Brandman and Kring. NOES — 0. ABSTENTION - 1: Mayor Tait). Motion Carried. 20. Approve and authorize Executive Director of the Convention, Sports & Entertainment Department to execute and take the necessary actions to implement and administer an AGR -8420 agreement, and any related documents, with Smart City Networks Limited Partnership (SCN) designating SCN as the exclusive technology service provider throughout the Anaheim Convention Center for term of seven years with two renewal options as provided in the agreement. City Council Minutes of September 23, 2014 Page 11 of 18 0160 21. RESOLUTION NO. 2014 -163 A RESOLUTION OF THE CITY COUNCIL OF 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 Selective Traffic Enforcement Program (STEP) /AVOID Lead Agency Grant, authorizing the Chief of Police to execute all required grant documents, and amending the budget for fiscal year 2014 -15 accordingly. 22. RESOLUTION NO. 2014 -164 A RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11733, 11734, 11735, and 11736). P124 23. RESOLUTION NO. 2014 -165 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 No. 11728). 28. Staff requests to withdraw this item. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Cooperation Agreement (City /Housing Authority Loan Agreement - $2,537,362 ROPS III Period Excess Expenditure) by and between the City of Anaheim and the Anaheim Housing Authority and making certain findings in accordance therewith (continued from meeting of September 9, 2014, Item No. 25; related to Authority Item No. 03). Agenda Item No. 28 withdrawn from the agenda; no action taken. 29. Staff requests to withdraw this item. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Cooperation Agreement (City /Housing Authority Loan Agreement - ROPS II Prior Period Adjustment) by and between the City of Anaheim and the Anaheim Housing Authority and making certain findings in accordance therewith (continued from meeting of September 9, 2014, Item No. 27; related to Authority Item No. 04). Agenda Item No. 29 withdrawn from the agenda; no action taken. 30. Staff requests to withdraw this item. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing revisions to a Cooperation Agreement (Brookfield DDAs) by and between the City of Anaheim and the Anaheim Housing Authority and making certain findings in accordance therewith (continued from meeting of September 9, 2014, Item No. 29; related to Authority Item No. 05). Agenda Item No. 30 withdrawn from the agenda; no action taken. 31. ORDINANCE NO. 6306 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending and restating Subsection .010 of Section 1.01.389 of Chapter 1.01 M142 of Title 1 and Sections 6.44.010, 6.44.150 and 6.44.180 of Chapter 6.44 of Title 6 of the Anaheim Municipal Code relating to nuisances. D114 32. Approve minutes of the Council meetings of August 12, 2014 and August 19, 2014. City Council Minutes of September 23, 2014 Page 12 of 18 END OF CONSENT CALENDAR: D159 8. Adopt the Phase II recommendations of the Mayor's Regulatory Relief Task Force and authorize the City Manager to implement recommendations accordingly. Planning Director Sheri Vander Dussen reported that in December of 2011, Council adopted recommendations of the Mayor's Regulatory Relief Task Force, recommendations that were focused on building a freedom culture, streamlining development processes and reducing taxes and fees. She noted, almost all of the recommendations had been implemented and achievements so far included the creation of a business assistance program to offer concierge services to all businesses seeking building permits, modifications to various codes and utility rules to promote freedom, and reductions in the time required to process discretionary applications for development. She explained that in the second phase, the task force convened with new members to provide fresh perspectives with Dr. Tom Turk from Chapman University continuing to chair the group. That second phase focused on barriers that often impeded the entrepreneurial spirit of businesses and the recommendations focused on opportunities to further reduce the impact of fees, enhance coordination of multijurisdictional regulations, leverage the brand of Anaheim and duplicate existing successful specific plans. Ms. Vander Dussen noted that city staff had already made progress in implementing many of the recommendations as outlined in the staff report and one success to highlight was the Brew City Initiative which eliminated the need for microbreweries to obtain conditional use permits. This initiative also enhanced coordination with the County Health Department by convincing them to move out of the brewery regulating business in favor of compliance with State standards and as a result there were five breweries currently operating in Anaheim and two more in the process of obtaining permits. Ms. Vander Dussen remarked there were other strategic initiatives to address recommendations that had not yet been implemented and staff recommended City Council adopt the recommendations of the task force and direct the City Manager to implement the recommendations accordingly. Mayor Tait thanked staff for embracing this program and bringing about an attitude of freedom and kindness in support of small business. Mayor Pro Tem Murray congratulated staff for their efforts and Mayor Tait for his leadership which resulted in a number of relief programs in place which she hoped to see continued and when budgets allowed, to revisit some of the programs offered in the past that gave relief to individuals and homeowners across the city. Mayor Tait moved to approved, seconded by Council Member Eastman. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray). NOES — 0. Motion Carried. D112 24. RESOLUTION NO. 2014 -166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, to reduce prostitution and prostitution - related crimes by publishing the names of individuals convicted of soliciting prostitution in the City of Anaheim and continuing to lead the Orange County Human Trafficking Task Force. City Attorney Michael Houston reported that prostitution and solicitation of prostitution were prohibited by state law and was shown to be a threat to the health, safety, and general welfare of a city and its community. Those threats related to higher crime rates, establishment and City Council Minutes of September 23, 2014 Page 13 of 18 attraction of drug markets and organized crime, parking and traffic problems, economic harm to businesses in the vicinity, reduction of property values and a significant use of police services to respond to incidents. He added that prostitution also contributed to a growing local, regional and global sexual trafficking and human trafficking epidemic in which women and children were forced into commercial sex and other similar involuntary activities. He reported that a number of jurisdictions, including the cities of Stanton and the Orange County District Attorney's office had turned to publicizing the names of individuals who solicited prostitutes as a strategy to combat this social problem because studies indicated that those soliciting prostitution were more fearful of being identified publicly than of their often minor criminal sanctions. Staff recommended, at the request of Council Member Kring, that Council adopt a policy of publicizing the names of convicted "Johns" as a strategy to curb prostitution and human trafficking with no names being made available for public review until all criminal proceedings, including all potential appeals, were concluded. Mr. Houston commented that the Anaheim Police Department was also a key member and lead agency of the Orange County Human Trafficking Task Force and staff recommended that the department continued in this role. Council Member Kring remarked that the residents and businesses along Beach Boulevard had suffered the impacts of prostitution, human trafficking and illegal drugs for some years and was the reason why she requested this policy be considered for Anaheim. She believed it was one more tool the city could use to address a community problem and moved to approve RESOLUTION NO. 2014 -166, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, to reduce prostitution and prostitution - related crimes by publishing the names of individuals convicted of soliciting prostitution in the City of Anaheim and continuing to lead the Orange County Human Trafficking Task Force, seconded by Mayor Pro Tem Murray. Discussion: Mayor Pro Tem Murray thanked the Police Department for their innovative efforts to combat human trafficking, which often involved children as young as 12, and hoped more city's would adopt this type of legislation. Mayor Tait remarked the Anaheim Police Department was taking a humane approach and looking at prostitutes as victims. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried. The staff report addressed Item Nos. 25, 26 and 27 respectively. 25. RESOLUTION NO. 2014 -167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Cooperation Agreement (Loan Agreement AGR -8421 pursuant to Health & Safety Code Section 34173(h) - $2,537,362 ROPS III Period Excess Expenditure) by and between the City of Anaheim and the Successor Agency to the Anaheim Redevelopment Agency, increasing the Community Development Department Budget and making certain findings in accordance therewith (continued from meeting of September 9, 2014, Item No. 26). 26. RESOLUTION NO. 2014 -168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Cooperation Agreement (Loan Agreement pursuant to Health & Safety Code Section 34173(h) - ROPS II Prior Period Adjustment) AGR -8422 by and between the City of Anaheim and the Successor Agency to the Anaheim Redevelopment Agency, increasing the Community Development Department budget City Council Minutes of September 23, 2014 Page 14 of 18 and making certain findings in accordance therewith (continued from meeting of September 9, 2014, Item No. 28). 27. RESOLUTION NO. 2014 -169 A RESOLUTION OF THE CITY COUNCIL OF AGR- 7464.A THE CITY OF ANAHEIM authorizing revisions to two Cooperation Agreements (LAB AGR- 7602.I.A DDA and Brookfield DDAs) by and between the City of Anaheim and the Successor Agency to the Anaheim Redevelopment Agency and making certain findings in accordance therewith (continued from meeting of September 9, 2014, Item No. 30). City Manager Paul Emery announced this item was a result of questions brought up at the last meeting regarding ROPS and repayment. Mayor Tait added there had been a lengthy discussion as to the legality of the Housing Authority lending money to the City, asking if clarification had been received from outside counsel. John Woodhead, Community Development Director, stated his legal counsel was still indisposed due to surgery and since the Housing Authority was in a gray area and there was an alternative way to proceed that was clear and would have legal authority to go forward, he requested that the Housing Authority items (28, 29, and 30 and related Housing Authority Agenda Item Nos. 3, 4 and 5) be withdrawn and that staff go forward with a loan from the City of Anaheim to the Successor Agency. Mayor Tait supported that recommendation which would cover obligations of the Successor Agency to be ultimately reimbursed by the State in the future. He then asked if there was any risk to the general fund with this loan. Mr. Woodhead responded there were two issues with the State Department of Finance (DOF), the first was they mistakenly changed a number which resulted in a deficit cash flow to the City of $1 million, a number he explained, that had been generated by the City, verified by the County Auditor Controller and recognized in a preliminary letter to the city by the DOF. In their final letter to the city, that number had been mistakenly changed by DOF and off by $1 million. He stated DOF then explained the method to use to recover that money, that is, through a city loan process and Anaheim would know in November 2014 whether the ROPS items were approved. The second item was related to expenditures that the city made for which DOF monies had not been received; these expenditures had been recognized as valid, enforceable obligations but were more than was asked for in that period of time. DOF again asked that a loan from the city be made to cover the shortfall and they would honor it on the subsequent ROPS. Mayor Tait then moved to approve RESOLUTION NO. 2014 -167, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Cooperation Agreement (Loan Agreement pursuant to Health & Safety Code Section 34173(h) - $2,537,362 ROPS III Period Excess Expenditure) by and between the City of Anaheim and the Successor Agency to the Anaheim Redevelopment Agency, increasing the Community Development Department Budget and making certain findings in accordance therewith; and to approve RESOLUTION NO. 2014 -168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Cooperation Agreement (Loan Agreement pursuant to Health & Safety Code Section 34173(h) - ROPS II Prior Period Adjustment) by and between the City of Anaheim and the Successor Agency to the Anaheim Redevelopment Agency, increasing the Community Development Department budget and making certain findings in accordance therewith; and to approve RESOLUTION NO. 2014 -169, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing revisions to two Cooperation Agreements (LAB DDA and Brookfield DDAs) by and between the City of Anaheim and the Successor Agency to the Anaheim Redevelopment Agency and making certain findings in accordance therewith; seconded by City Council Minutes of September 23, 2014 Page 15 of 18 Council Member Eastman. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion to approve Item No's 25 through 27 carried.) B105 33. Consider appointment to the Budget, Investment and Technology Commission to fill an unscheduled vacancy, term expiring June 30, 2016. Budget, Investment, and Technology Commission Appointment: (unscheduled vacancy of Andrew Cho) At the request of Council Member Brandman, this item was continued to October 7, 2014. 8105 34. Receive a report on the Sister City Commission outlining the Commission's mission, goals and membership and discuss and provide direction to staff as appropriate. Greg Garcia, Deputy City Manager, remarked that prior to the Sister City Commission, all Sister City related activities were coordinated and managed by the Anaheim Sister City Association, a nonprofit group of residents formed in 1976. In 2009, after considerable debate and discussion with members of the Sister City Association, Council established the Anaheim Sister City Commission in order to revitalize the existing sister city relationships with Mito, Japan and Vitoria - Gasteiz, Spain as well as the process for adding any new sister city partners. Council sought to refocus the goals of the program to share ideas in business, the tourism industry and potential international trade. Currently, he stated, there were two sister city relationships: Mito, Japan and Vitoria Gasteiz, Spain with cultural exchanges occurring annually to and from Mito and a few delegations visiting from Vitoria - Gasteiz, located in the Basque country of Spain between 2011 and 2013. He reported that recently a pilot worker exchange program had been initiated in which members of the Planning Department traveled to Vitoria - Gasteiz to study transportation planning efforts and that Anaheim had recently hosted a member of their government this past week. He explained the plan was to expand that program and offer opportunities for other Anaheim employees to gain knowledge of government programs. He pointed out that Vitoria - Gasteiz was named the green capital of Europe in 2012 and the Spanish capital of gastronomy, a major attraction for travelers looking to experience local foods and world- renown wines. Mr. Garcia indicated the Commission consisted of 15 members, each serving three years with no more than two consecutive terms. Those members must be residents or have a vested interest in Anaheim and the success of the Commission, allowing Council to fill vacancies from different sectors in Anaheim, such as business, tourism or education. The goals of the Commission were economic development, government collaboration, and cultural exchange. He added that while cultural exchanges had done well in the past, the commission was reaching out to the government in those cities as well as seeking partnerships with economic goals in mind. An official delegation from Mito would be visiting next month as part of the government collaboration, the pilot worker program would continue and expand and the student exchange remained strong. In addition, he pointed out, the Commission was partnering to promote Vitoria wines among the tourists in Anaheim as their wine region was second to none. Fundraising efforts by the Commission would also continue in an effort to cover their needs. And, lastly, the City Council Minutes of September 23, 2014 Page 16 of 18 Commission was exploring a relationship with Pudong, China, a region that included Shanghai which would soon be welcoming Shanghai Disney and was a natural Zink between the two cities. He noted a delegation from the Commission visited Shanghai at their own cost to make initial connections and a delegation would soon be visiting Anaheim to meet and discuss moving that relationship forward. With the normal turnover of commission members, Mr. Garcia encouraged Council to consider appointing members from diverse sectors of the community. Council Member Eastman asked if there was a way to actively recruit members with Mr. Garcia remarking more could be done in that area. Mayor Pro Tem Murray also felt it was important that Commission members were aware of their responsibilities beforehand and also wondered if there were opportunities for the city to support the organization. Council Member Eastman remarked that at one point she requested the boards and commission application be reviewed to ensure the applicants were aware of what was expected from them with Mr. Garcia responding staff would work with the City Clerk on that matter. Council Member Brandman thanked the chair and Commission Members who attended this meeting, and looked forward to filling vacancies. Mayor Tait wondered if the membership should be expanded to allow for an executive committee and the various subcommittee members to help out on the various programs, adding that he would like to see what other cities do across the country. PUBLIC HEARING: 35. Staff requests cancellation of this public hearing. This hearing will be rescheduled and re- noticed to a future meeting date. GENERAL PLAN AMENDMENT NO. 2014 -00496 RECLASSIFICATION NO. 2014 -00269 (DEV2014- 00045) Location: The 7 acre property is located at 1710 — 1730 South Anaheim Way, approximately 530 feet south of the centerline of Anaheim Boulevard. To amend the General Plan Land Use designation from Parks to Industrial for a vacant property previously proposed as a park site; remove the Park designation from figures in the General Plan Land Use, Circulation and Green Elements; and, rezone two of the four parcels from the Commercial (C -G) zone to Industrial (I) zone. Environmental Determination: The City Council will consider whether a Negative Declaration is the appropriate environmental documentation for this request under the California Environmental Quality Act. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council approval of the General Plan Amendment and Reclassification. Recommended to City Council that the seven acres being taken out of the park inventory by this action be replaced with seven acres of parkland elsewhere in the City, excluding the park site being considered at the Ball Road basin. Vote: 5 -0. Chairman Seymour and Commissioners Caldwell, Dalati, Lieberman and Ramirez voted yes. Commissioners Agarwal and Bostwick were absent. (Resolution Nos. PC2014 -067 and PC2014 -068 (Planning Commission Meeting of August 11, 2014). As previously reported by the City Clerk, at 7:26 P. M. Mayor Tait again announced this item canceled, with the hearing to be rescheduled and renoticed to a future date. City Council Minutes of September 23, 2014 Page 17 of 18 REPORT ON CLOSED SESSION ACTIONS: City Attorney reported on Closed Session Item No. 2. The City Council unanimously authorized the City Attorney to initiate litigation against two parties. The parties, the matter, and other particulars would be disclosed once the action commenced. Mayor Tait reported on Closed Session Item Nos. 5 and 6 stating the City Council unanimously authorized a salary adjustment of 1% for the City Manager, City Clerk and City Attorney; and a $400 annual adjustment for the City Treasurer. COUNCIL COMMUNICATIONS: Council Member Brandman recognized September as National Preparedness Month and extended best wishes to the Jewish community celebrating the upcoming holiday of Rosh Hashanah and Yom Kippur. Mayor Pro Tem Murray spoke of her attendance at the Access California citizenship class celebration and announced the following upcoming events: Corks for Kids on September 26 the Military Banner Ceremony on September 29t and the Ready, Set, Go Block Party on October 4 She spoke of the increasing number of medical marijuana dispensaries and asked staff to review steps that could be taken to address the issue. She wished everyone in the Jewish community a safe and happy Yom Kippur and Rosh Hashanah. Council Member Kring requested staff draft one comprehensive ordinance for the November 18 meeting covering all smoking establishments to address at least regulating the number of smoke shops and smoking cafes, their proximity to each other, proximity and distance from residences, schools and other businesses, and types of activity allowed. She congratulated the Anaheim Police Department Homeless outreach team who collaborated with Orange County Superior Court Judge Joe Perez in the implementation of the Homeless Outreach Court which provided participants access to resources and skills to regain self - sufficiency. She spoke of the work of the Orange County Human Trafficking taskforce, announced the Veteran's Day celebration on November 8 and wished the Jewish community a happy Yom Kippur and Rosh Hashanah. Council Member Eastman announced the upcoming free family movie nights at Ponderosa Park and the Downtown Community Center and the library fundraiser at Ruby's on September 27 She spoke of her attendance at the GBS Linens' 30 Anniversary celebration and requested a proclamation be presented to them. Mayor Tait spoke of his attendance at the See's Candies re- opening, the grand opening of the new dental office of Maria Balagtas, DDS, the OC Family Justice Center Toast for Hope fundraiser, and the Oktoberfest Opening Day Parade. He responded to an article written about him and stated his position on the Angels' negotiations. City Council Minutes of September 23, 2014 Page 18 of 18 ADJOURNMENT: With no other business to conduct, Mayor Tait adjourned the September 23, 2014 council meeting at 7:51 P.M. Res.- - fully submitted, Linda N. Andal, CMC City Clerk