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03/03/2015ANAHEIM CITY COUNCIL REGULAR AJOURNED MEETING OF MARCH 3, 2015 The regular meeting of March 3, 2015 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 March 3, 2015 was called to order at 4:06 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 February 27, 2015. PRESENT Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris Murray and James Vanderbilt. STAFF PRESENT: Interim City Manager Paul Emery, City Attorney Michael Houston and Acting City Clerk Theresa Bass WORKSHOP: ANAHEIM FIRE & RESCUE STRATEGIC PLAN 2015 -2020 AND STANDARDS OF COVERAGE UPDATE Fire Chief Randy Bruegman thanked council for their support of the department, pointing out he hoped they had the opportunity to view one of the two new fire apparatus on display in front of city hall. He added it had been designed by the Department's apparatus committee and from an ergonomics standpoint was a very functional piece of equipment. He also recognized members of the Chief's advisory group who met quarterly and who vetted some of the Department's planning efforts before bringing the Strategic Plan and Standards of Coverage update to city council for their consideration. In early 2013, he remarked, he had submitted a comprehensive Standards of Coverage which reflected the logic behind the development of the Strategic Plan, documents that resulted from an 18 month planning process involving 30-40 community members, business leaders and city departments. Eleven strategic recommendations came out of that process and he briefly discussed the accomplishments /status of those recommendations. Strategic Recommendations for 2013: 1. Agency Accreditation: The objective was met in March of 2014. 2. Preemption for Signalization: All fire apparatus were fitted with emitters and 40 intersections had been retrofitted to date. 3. Implementation of Blue Card Hazard Management Training for Field Officers: All captains and senior level officers completed the first phase of Blue Card training (50 hours on line) with 63 individuals participating in that process so far and three days of intensive training to begin in three months when the training center was completed. That training, he added would focus on the first 10 to 15 minutes of incident management for field officers. 4. Resource Deployment: Engine 8 was back in service using existing staffing, a 6 th ambulance had been placed into service, another relocated and paramedics were placed on Trucks 1, 2 and 8 which reflected a shift in field resources. 5. North Net Training Center and JPA Updates: The joint powers agreement was updated and the training center remodel was currently underway. City Council Minutes of March 3, 2015 Page 2 of 15 6. Build a New Emergency Operation Center at, or Adjacent to, the Vermont Site: The chief indicated the Vermont site was one of the department's capital projects going forward. 7. Develop and implement a Community Risk Reduction Plan This plan was in place and would be an ongoing objective and a program in the next strategic plan. 8. Web -based Training Platform The Target Solutions training platform was implemented for the department and would be rolled out citywide beginning next year through Human Resources for all city employees. 9. Implement the recommendation in the Regionalization Report He remarked the department would not move forward with this recommendation now as it was not a viable option as the cities of Orange and Fullerton who were part of that original recommendation were not engaged at this point. He added that option would be kept as a future consideration. 10. Upgrade the 800 MHz CCCS - Countywide Coordinated Communications System This upgrade which was a countywide process would move forward because it was a multi- use process for all public safety and city /county users throughout the County. 11. Develop a plan to address the effect of Healthcare Reform on EMS Chief Bruegman remarked the department recognized where they need to go in the future to address healthcare reform. Moving forward with the next five year plan, he indicated staff began with three basic questions. The first question, how to become more competitive in the future was related to long -term costs and becoming as efficient as possible. It was also about intellectual capital due to the loss of senior field and command officers and focusing on the skill sets needed to address young officers with lower experience levels though additional training and more hands on events; this effort was currently in place. The second question, how to add value beyond the 911 call, he explained, the department interacted with just a small portion of the population on 911 service calls. To be connected with the community, an important goal for his department, he stressed that value must be added beyond dealing with emergencies and could be addressed through the Community Risk Reduction Plan and Community Relations Plan. The third question, how to re- engineer and re -tool the profession in the future, reflected the need to be adaptive and innovative in looking at different strategies moving forward. STRATEGIC PLAN 2015 — 2020 RECOMMENDATIONS: Chief Bruegman announced that the updated Strategic Plan for years 2015 - 2020 resulted in eight recommendations for the department, as follows. Recommendation 1 : To maintain agency accreditation — The basis of agency accreditation was about continuous improvement and about institutionalizing the thought process that it was necessary to continue to look at and adapt what was being done today to make the department more efficient and effective in the future. He added the department was trying to accomplish this through a testing and budget process aligning organizational functions and applying performance indicators as a method of measuring accomplishments. Recommendation 2 : Conduct an Insurance Service Office (ISO) Review - Chief Bruegman reported that a couple of years ago Anaheim went down to a Class 2 rating versus a Class 1 rating in 2000, losing over 10 points which was a significant shift. That shift was reflective of the City Council Minutes of March 3, 2015 Page 3 of 15 department addressing a significant city budget deficit at that time which resulted in taking two units out of service. While he had anticipated a ratings drop, he did not anticipate one of over 10 points and after six months of investigative work, staff found the ISO were using the wrong number of personnel on duty every day when they conducted the 2000 evaluation. He added ISO revamped their suppression rating schedule and added community risk reduction and other programs seen in the accreditation log. He noted ISO was scheduled to be in Anaheim again on March 25 The recommendation was to go through the review process to determine where Anaheim rates today and based on that rating, the department would conduct a cost benefit analysis and understand from ISO what it would take to return to a Class 1 rating. Following that staff would have a discussion with city council as to whether it was prudent or not to take any additional steps and would work with the insurance commission as well as ISO to determine what the impact was on residents and businesses if Anaheim was rated a Class 1 organization. Recommendation 3 : Install Emergency Vehicle Preemption Traffic System on all City traffic signals - Chief Bruegman indicated that the department was going through the vehicle preemption system, seeking a supplemental budget to accomplish a portion each year and in ten years' time, all traffic signs would have been addressed which would significantly improve response times and safety. Recommendation 4 : Develop and implement a Community Risk Reduction Program — This year he remarked, staff was conducting home safety visits, completing 55 so far and focused on the installation of smoke alarms but also the connectivity to the community in identifying other services that could be provided by other agencies. He emphasized that connecting veterans, elderly person or individuals needing medical care to the right service was a service that would be rolled out heavily this year focusing on multi - family residential, single family homes and wildland urban interface. Recommendation 5 : Continue the upgrade of the 800 MHz Countywide Coordinated Communications System (CCCS) — The chief explained this was a big ticket item, a $14 million upgrade and he had been working with the City Manager's Office and the Police Department to develop a financing plan and upgrade schedule with Countywide Communications. He noted that the good news was the longer the project was prolonged, the technology cost became less expensive and he had seen the price go down twice in the last two years. He added a portion would be completed every year but in 2018 and 2019, the major infrastructure upgrade would need to be replaced. Recommendation 6 : Design a plan to implement an Integrated Mobile Health Care Division — Chief Bruegman remarked this recommendation (related to the former Strategic Plan 11 recommendation) was worded in this manner to give the department latitude in developing a plan. He believed within the next 5 to 10 years, the fire service and emergency medical service would play a significant role in mobile health care and its relationship to hospitals and insurance providers to offer a different type of care in the future. It was not clear what the service would look like, however he anticipated economics and revenues that could help pay for and implement this service. The concept of treating and releasing an individual in the field versus taking them to the emergency room with a battery of tests being given was cheaper on the health care system and better for the customer. He stated the community care response unit should be put on the road this April, through an agreement with CARE Ambulance as a partner in this program as well as Kaiser Permanente of Orange County who had given a $210,000 grant to help launch this unit. He noted the ambulance was being equipped and interviews were underway for nurse practitioners and the plan was to begin with a 40 hour week in April, City Council Minutes of March 3, 2015 Page 4 of 15 selecting different time schedules to determine what the impact would be on the community. He emphasized this was a pilot program and the department would learn as the process rolled out and Anaheim would be the first city in California to implement this program. Recommendation 7 : Begin the implementation of the Capital Improvement Plan — The chief thanked council for their support on funding two fire stations with the bond proceeds from the Convention Center. Three other capital projects had been identified over the course of several years: the need to replace the emergency operation center, a dated structure which may not be fully functional in a major earthquake or catastrophic event; and two other stations — one part of the original strategic planning process and standard of coverage, the new La Palma station at Euclid, and the second station in the Platinum Triangle which would be funded by impact fees. He pointed out that two of the three proposed stations would be paid for by the City of Anaheim and would be carried forward as part of the capital plan. Recommendation 8 : Begin the implementation of the multiyear staffing plan - In answer to the city council's request for a mid -year staffing plan, he responded with the following built around flexibility, expanding community outreach efforts, community risk reduction activities and enhancing customer service experience. Outlined in this multi -year plan were 66 sworn positions and 14 civilians. He emphasized this proposal would be vetted each budget year and the department would make the case to the city manager's office and articulate their needs, however, if money was no object, this would be the current goal and would be updated each year to ensure the plan was relevant. Mayor Pro Tern Kring remarked water supply appeared to be a qualification considered for a Class 1 rating, asking if the drought had any impact on how communities were graded. Chief Bruegman responded the factor taken into account was the amount of underground water available and the city ranked 38.7 out of 40 points allotted for water support. Council Member Murray envisioned the mobile health care unit providing a citywide benefit to the community asking about the funding for the current program. Chief Bruegman responding that funding for one unit was available through the current fiscal year and he would ask for another supplemental budget to keep it in service for 12 months and during that time an analysis would be conducted as to how well it worked and how local hospitals could use it and help reduce costs for the future. He added that this unit was modeled after a program in Mesa, Arizona that now had a behavioral health mobile unit coupled with paramedics and nurse practitioners to address mental health calls or substance abuse problems rather than take these individuals to the emergency room and spending 2 -3 days there before being cleared to go home or to another facility. He pointed out Mesa took eligible patients from the field to a facility that could actually help them, reducing costs for all. Ms. Murray asked if this unit would be responding to emergency calls principally or would it offer inoculations, vaccinations or other needs for those who were uninsured with the chief indicating that initially they would be responding to low acuity calls coming through the 911 system that currently responded with an engineer and three or four personnel along with a paramedic team. It would be an adjunct to the 911 system to begin with and as the process moved forward and considered other arenas of health care, other guidelines and infrastructure would have to be put in place. She asked if there were state and federal grant opportunities to fund these types of units and were they operating elsewhere. Chief Bruegman replied this would be the first community care response unit in California with several in other states. He pointed out Mesa, Arizona had just received a $12.5 million CMS federal grant and had four of these units in service 24 hours a day, a pilot program to determine how this system worked. Mesa was also working with Medicare to try and City Council Minutes of March 3, 2015 Page 5 of 15 determine how it would fit into the Medicare /Medicaid system as well. Council Member Murray emphasized this was a noteworthy effort asking that the city look into partnering with the state to see if there were sources of funding that could be utilized. Chief Bruegman concurred, stating this was a viable option and hopefully there would be state grants in the future to continue the success. Lastly, Ms. Murray inquired what it would take to get the department back to prerecession levels for personnel. Chief Bruegman indicated that during the budget reductions strategies four years ago, 24 positions were removed and that while the Strategic Plan for the next five years proposed an additional 66 sworn positions, he emphasized his aim was to deploy resources differently than in the past, to be more adept in the field with various units staffed with two, three or four along with specialized units like the community care response units to be more effective in the future. Council Member Murray indicated she would be supportive of returning the department to a Class 1 rating and appreciated the thorough plan offered today. Council Member Vanderbilt inquired if the community care response model might offer follow -up care based on funding via the Affordable Care Act. Chief Bruegman emphasized the nurse practitioner would be a CARE employee with Kaiser Permanente providing a grant that the city would manage. The first part of the program was built around the 911 system only in which dispatch personnel would determine the severity of calls and dispatch the community care unit when appropriate, which he indicated was about 35 to 40 percent of calls and the pilot program would evaluate how that program worked. There might be an opportunity to move into other health care arenas as an adjunction to the 911 system that could provide homecare follow -up, inoculations for the community in a field system, however, he stated, the department was not trying to get into that function at this time. At 4:57 P.M., Mayor Tait called a brief recess, reconvening the city council agenda at 5:11 P.M. INVOCATION Rabbi Joel Berman, Temple Beth Emet FLAG SALUTE Council Member Kris Murray PRESENTATIONS OC Human Relations Annual Report Leticia Mata reported on activities that occurred in Anaheim in partnership with OC Human Relations to manage challenging issues, such as hate crime and hate incidents. She reported over 600 various cases had been mediated, violence prevention programs for nearly 17,000 Anaheim youths were conducted to create safe school climates, a summer leadership camp and a year internship in human relations was offered as well as the "Skills for Success" program for at risk teens. Agency staff also taught a parent leadership workshop, provided consulting services to principals of Katella and Savannah high schools and participated in an interfaith dialogue on immigration for Anaheim residents. Over the past 22 years, she stated, the organization partnered with the city to build understanding and positive relations among its diverse residents, to overcome divisiveness and assist during crisis situations. She thanked the city for their continued support of OC Human Relations agency. Eleanor Heng then presented a certificate of recognition to the City of Anaheim for its commitment to encouraging mutual understanding among residents, eliminating prejudice and discrimination. Recognizing Anaheim Police Officers Angelica Mejia and German Alvarez for their efforts to go Above and Beyond City Council Minutes of March 3, 2015 Page 6 of 15 Chief Raul Quezada recognized two Anaheim police officers for assisting a 90 year old woman living in a residential assistance home, going above and beyond what was expected of them and showing such care and compassion. Cooking and cleaning, washing dishes and taking care of laundry was an unanticipated kindness by these officers with Mayor Tait remarking the city council was proud to recognize their efforts. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming March 2015, as Music in Our Schools Month Dorothy Rose, Orange County Symphony, remarked the after school instrument program began in 2013 with 14 schools and 1,300 students and this year had expanded into 18 schools with over 1,600 students. Mike Anderson, president of the Symphony, was grateful for the city's recognition of their efforts, speaking on behalf of the charitable guild and advisory board and members of the symphony. He commented those instruments and lessons were making a real difference to so many of the kids in the school district. Mayor Tait added this would not have happened without the dedication and passion of the OC Symphony and the volunteers and musicians who donated their time to those students. Proclaiming March 2015, as National Athletic Training Month Alisha Pennington, owner of Advantage Athletic Training, thanked the city for recognizing National Athletic Training Month, and for acknowledging the good work of athletic directors in high schools across the city committed to preventing injuries and encouraging students to stay health and active. Proclaiming March 2015, as National Professional Social Worker Month Mike Ryan, OC Social Services Agency, spoke of the collaborative relationship the agency had with the city of Anaheim which made them better able to serve the clients and residents of the city. With the Ponderosa Family Resource Center which partnered with Anaheim /Fullerton Family Resource Center and the Orange County Family Justice Center, the Social Services Agency was able to assist with children and victims of human trafficking, adult services as well as children and family assistance programs to meet the needs of the citizens of Anaheim. Recognizing Kiwanis International on its 100th Anniversary Susan Faessel and Joe Daly spoke to the 100 anniversary celebration of Kiwanis International, with a breakfast event scheduled for March 12 She talked about the history of the Kiwanis and their international partners and the Up with People initiative building community parks throughout the world. She added the Kiwanis Club, its volunteers, and service clubs were here to support the city of Anaheim when needed. ADDITIONS /DELETIONS TO THE AGENDA None PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum statement was provided by Acting City Clerk Theresa Bass. Daniel DeMeyere, resident in area of West Crestwood and Brookhurst, had called Anaheim Anytime regarding graffiti in his neighborhood which had been partially removed, suggesting the City Council Minutes of March 3, 2015 Page 7 of 15 wall be lighted to prevent graffiti in the future. He objected to the placement of the bus stop from the north side of the street to the south, the undergrounding of electrical wires which stopped short of his home and the trash remaining on the county side of the street. Mayor Tait requested a report on the status of the county improvements. Sheri Lusk, owner of a four -plex on Bush /Cypress, requested an appeal of a code violation asking her to remove a concrete barrier in the parkway and requiring it be landscaped. She appealed on the basis: 1) that landscaping during a drought situation with the city urging conservation did not make sense, and 2) handicapped parking signs and one -way poles had been installed in the concrete by the city. Mayor Tait remarked this was most likely due to conflicting codes, asking Ms. Lusk to get together with Planning and Public Works staff to review her situation. Lacey Kelly, Association of California Cities - Orange County, addressed her comments to Agenda Item 11, encouraging approval of the Taxpayer Protection resolution, remarking her organization had long supported the spirit and letter of Prop 13 and other taxpayer measures that mandated high voter thresholds. Patrick Pepper, SOAR advisory committee and former chair of Budget, Investment and Technology Commission, stated Anaheim's mid -year budget review revealed General Fund revenues were projected to be higher than budgeted by $1,500,000, emphasizing the Finance Department along with the Budget Commission were doing well ensuring revenue projections were realistic and achievable to allow for expenditures on the city's infrastructures to keep residents safe and enhance neighborhoods. In 2004, he pointed out transient occupancy tax was 30 percent of general fund revenues and now reflected 44 percent and with the addition of new hotels he anticipated it would account for 50 to 60 percent in the coming years. In addition sales and use taxes were projected to be $71.5 million and Measure M2 revenues of almost $36 million would be used to improve transportation throughout the county. He approved the expansion of the convention center, stating it was vital to the continued success of the resort area. He supported the Anaheim Taxpayer Protection Act, remarking he had heard candidates during the recent local election state they were open to new utility taxes, sales taxes and gate taxes and requiring a 2/3 vote of the council to put any tax measure on the ballot was important to the citizens. He believed that protection and encouragement of economic growth was needed, not the creation of new taxes to impact that growth. William Fitzgerald, Home Owners Maintaining our Environment, opposed the Taxpayer Protection resolution stating it would tie the hands of future council from considering an admission tax on Disneyland and offered his opinion as well on city dog parks. Keoki Deporter reported he had a problem with surging power from an underground electrical cable causing damage to various technologies in his home. Mayor Tait requested staff meet with this resident and discuss his concerns. Manny Monroy requested the city's assistance regarding the use of surveillance cameras by a neighbor, adding he felt they were aimed at his windows and he was concerned for the safety of his family. Mayor Tait requested a report on the use of surveillance cameras on private property, asking that a survey regarding other cities' regulations be a part of that report. R. Joshua Collins, homeless advocate, talked about the challenges of the homeless with mental illnesses, who were jailed with no treatment, released and then found themselves back in jail. City Council Minutes of March 3, 2015 Page 8 of 15 Treatment centers for the mentally ill were needed rather than the current process and he hoped to have a discussion with the Community Services Director on this issue. Mayor Tait remarked this was a complicated issue with many factors involved and encouraged a discussion with staff. Lou Noble, homeless advocate, urged the creation of emergency safe zones for the homeless, where they could retain their property and not be afraid, adding that homeless advocates understood the challenges and could offer solutions. Victoria Michaels submitted a letter of protest to the Orange County Register and read that letter into the record regarding her request to revisit the agenda item requesting reinstatement of the Mayor's Assistant's salary. Cynthia Ward spoke in opposition to Agenda Item 11 stating it would be referred to as a taxpayer disenfranchisement act if approved, and requesting it be pulled and reconsidered and that the issue concerning the powers of a joint powers authority (JPA) be addressed as well. Greg Diamond objected to Agenda Item 11, remarking it was hypocritical because bonds and joint powers authorities could obligate the city's general fund for large sums of money, which in the case of the convention center was $500,000. He stated the bond financing shifted the burden of taxation from this council to a future council. He suggested amending the resolution to state council members could not vote for a bond in their capacity as a JPA unless there were four votes for approval. He further added Agenda Item 11 was a way to make an admission tax for Disney difficult to approve. Gloria Ma'ae remarked that Anaheim residents and neighborhoods were the largest beneficiaries of tax revenue generated by visitors to the resort district, adding that the tax on tourism was the single largest source of general fund revenue for Anaheim, ten times greater than any other city in Orange County. She added that none of this would be possible without Disneyland as the majority of tourists came to visit Disneyland, stayed in Anaheim hotels generating TOT and sales taxes. She further added Disney Corporation gave generously to Anaheim and other cities in the county and were involved in many nonprofits in the community and she would expound on their generosity at future meetings. COUNCIL COMMUNICATIONS None CITY MANAGER'S UPDATE None CONSENT CALENDAR: Council Member Vanderbilt removed Item No. 9 from the consent calendar. Mayor Pro Tern Kring moved to waive reading in full of all ordinances and resolutions and to adopt 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 Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt.) Noes — 0. Motion Carried B105 1. Receive and file minutes of the Public Utilities Board meeting of November 19, 2014. 2. Approve Proclamations and Certificate of Recognition to be presented at a future Council meeting for April as Month of the Military Child, Paul Andresen, winners of the D116 City of Anaheim Community Pride Poster Contest, Anaheim Assistance League Anaheim's 75th Anniversary and the 2014 Mills Act recipients. City Council Minutes of March 3, 2015 Page 9 of 15 AGR- 7959.1 3. Approve the First Amendment to Settlement Agreement and General Release of Claims with Jose Moreno, Amin David and Consuelo Garcia (Moreno et al. v. City of Anaheim) to allow the advisory committee for electoral districts to be comprised of a panel of retired judges who are residents of Orange County. AGR -4829 4. Determine on the basis of the evidence submitted by Prologis, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 2006 -00004 for the 2014 review period for the Experience at Gene Autry Way project in the Platinum Triangle located at the southwest corner of South State College Boulevard and Gene Autry Way. 5. Determine on the basis of the evidence submitted by Platinum Vista Apartments L.P., that the property owner has complied in good faith with the terms and conditions of AGR -5025 Development Agreement No. 2007 -00002 for the 2014 review period for the Platinum Vista Project in the Platinum Triangle located at 1015 and 1105 E. Katella Avenue. 6. Determine on the basis of the evidence submitted by Platinum Gateway Development Company, L.P., that the property owner has complied in good faith with the terms and AGR- 5030.A conditions of Development Agreement No. 2008 -00002 for the 2014 review period for the Platinum Gateway Project in the Platinum Triangle located at 915 East Katella Avenue. 7. ORDINANCE NO. 6316 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending (1) Table 4 -F (Maximum Structural Height: Single - Family c2so Residential Zones) of Section 18.04.070 (Structural Heights) of Chapter 18.04 (Single - Family Residential Zones) of Title 18 of the Anaheim Municipal Code; (2) Table 4 -1 (Minimum Setbacks: Single - Family Residential Zones) of Section 18.04.100 (Structural Setbacks) of Chapter 18.04 (Single - Family Residential Zones); (3) Section 18.06.060 (Structural Heights) of Chapter 18.06 (Multiple - Family Residential Zones) of Title 18 of the Anaheim Municipal Code; and (4) Section 18.06.160 (Residential Planned Unit Development) of Chapter 18.06 (Multiple - Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code (Zoning Code Amendment No. 2014 - 00120; Increasing the permitted height of detached single - family residences from two stories to three stories in the Single - Family Residential and Multiple - Family Residential zones) (Introduced at Council meeting of February 24, 2015, Item No. 21). c280 8. ORDINANCE NO. 6317 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending various tables and sections of Title 18 (Zoning Code) of the Anaheim Municipal Code based upon the finding and determination that said ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines (Zoning Code Amendment No. 2014 - 00121; Modification to permitted land uses, development standards, procedures and definitions) (Adjustment No. 7 to the Anaheim Resort Specific Plan (SPN92 -2U)) (DEV2014- 00123) (Introduced at Council meeting of February 24, 2015, Item No. 22). City Council Minutes of March 3, 2015 Page 10 of 15 END OF CONSENT CALENDAR: 9. ORDINANCE NO. 6318 (ADOPTION) AN ORDINANCE OF THE CITY OF 0280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2014 - 00273) (DEV2014 -0046) (701 East Cypress Street, Rezoning from Single - Family Residential and Industrial Zones to Small Lot, Single - Family Residential Zone) (Introduced at Council meeting of February 24, 2015, Item No. 23). Council Member Vanderbilt remarked he lived far enough from this project not to be impacted by this reclassification; however, as a member of a homeowner's association with other properties close to this site, he would abstain from voting on the matter. City Attorney Houston remarked that while Council Member Vanderbilt participated on the initiation of this ordinance, he was abstaining on this matter as a precautionary act, although he was not required by law to do so. Mayor Tait moved to adopt Ordinance No. 6318 of the City of Anaheim amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2014 - 00273) (DEV2014 -0046) (701 East Cypress Street, Rezoning from Single- Family Residential and Industrial Zones to Small Lot, Single - Family Residential Zone), seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 4: (Mayor Tait and Council Members Brandman, Kring and Murray). NOES — 0. ABSTENTION — 1: Council Member Vanderbilt. Motion Carried 10. Consider appointments to the Budget, Investment and Technology Commission to fill 6105 two unscheduled vacancies, terms ending June 30, 2015 and June 30, 2018. APPOINTMENT Daniel Fierro (June 30, 2015) (unscheduled vacancy of Trevor Austin) Mayor Pro Tern Kring nominated Dale Laizure, Mayor Tait nominated Brian Chuchua and Council Member Murray put forth the name of Daniel Fierro. ROLL CALL VOTE for Dale Laizure: AYES — 1: Mayor Pro Tern Kring. ABSTENTIONS — 4: (Mayor Tait and Council Members Brandman, Murray, and Vanderbilt). ROLL CALL VOTE for Brian Chuchua: AYES - 2: (Mayor Tait and Council Member Vanderbilt). ABSTENTIONS — 3: Mayor Pro Tern Kring and Council Members Brandman and Murray). ROLL CALL VOTE for Daniel Fierro: (AYES - 5:(Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt. Mr. Fierro was unanimously appointed to the Budget, Investment and Technology Commission. APPOINTMENT Steve Martinez (June 30, 2018) (unscheduled vacancy of Maurice Turner) Mayor Tait nominated Brian Chuchua for the position and Council Member Brandman nominated Steve Martinez. ROLL CALL VOTE for Brian Chuchua: AYES — 2: (Mayor Tait and Council Member Vanderbilt. ABSTENTION — 3: (Mayor Pro Tern Kring and Council Members Brandman and Murray). City Council Minutes of March 3, 2015 Page 11 of 15 ROLL CALL VOTE for Steve Martinez: (AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). Mr. Martinez was unanimously appointed to the Budget, Investment and Technology Commission. E127 11. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2016 and ordering the submission of a proposed amendment to the City Charter to the electors of said city at said election (Measure No. _ - Require 2/3 Vote of the City Council to Propose Taxes, aka "The Anaheim Taxpayer Protection Act "). Michael Houston, City Attorney, announced that at Council Member Murray's request, his office drafted a proposed charter amendment that would require a 2/3 vote of the full city council to place city council sponsored tax proposals before the voters. Currently, the city Charter and legislation related to charter cities required a majority vote of the council to place tax measures on the ballot excepting certain transaction and use taxes and certain school facility bonds requiring a 2/3 vote. He pointed out because Anaheim was a charter city it was not compelled by the provisions of Proposition 62 that required a 2/3 council to put general taxes on the ballot. He added that Anaheim's Charter already included examples of a supermajority vote of the council but that this proposed amendment would only apply to city council sponsored tax measures and would not apply to citizen sponsored initiative petitions submitted to the council. It would apply to both general and special tax measures and to all actions considered to be a tax such as imposing an extension for an increase in taxes. Mr. Houston added that this amendment could not alter constitutional requirements for voter approval or timing of tax elections, such as general taxes that must be placed on an election where a governing body was up for election unless there was a unanimous vote by the council to do so or procedural requirements having to do with hearings and notices that were necessary when certain tax measures were placed on the ballot. Approval of this resolution, he stated, called for a general election on November 8, 2016 for this measure. Council Member Murray remarked she would open discussion on this item by moving to have RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2016 and ordering the submission of a proposed amendment to the City Charter to the electors of said city at said election (Measure No. _ - Require 2/3 Vote of the City Council to Propose Taxes, aka "The Anaheim Taxpayer Protection Act ").approved by council, seconded by Mayor Pro Tern Kring. DISCUSSION: Council Member Murray stated Proposition 62 had been approved by California voters to put a 2/3 vote requirement in place for all general law cities with charter cities exempted from that requirement. As the state's constitution required new taxes or tax increases by cities to be approved by voters, this charter amendment now before council for consideration would insure that any proposed tax measure in the City of Anaheim would also require a 2/3 vote of the city council to place it on the ballot. She indicated that Anaheim had enjoyed successful public /private partnerships for years with the resort district, stadium and the convention center generating the bulk of city revenue through private economic development and recent projections for the end of the current fiscal year showed that revenues exceeded projections making it possible for millions of dollars of new investments in neighborhoods. She City Council Minutes of March 3, 2015 Page 12 of 15 felt it was important to make sure the same voter thresholds and protections in place for general law cities were also in place for Anaheim as a charter city, asking for the council's support. Mayor Pro Tern Kring remarked this resolution would not take the vote away from the citizens of Anaheim, it would simply require a 2/3 vote of the council members to place a tax measure on the ballot. The voters then had the right to approve or reject that measure and she would be supporting this item. Council Member Vanderbilt wondered what the basis of the lawsuit was related to Proposition 62 with Mr. Houston responding the issue with respect to case law was the city of San Leandro and in that case, the city adopted and placed on the ballot a tax measure without complying with the 2/3 vote required in the Government Code. San Leandro was then sued and in response to that lawsuit, stated Proposition 62 did not apply to charter cities and the court concurred. As a result of that case law, a court of appeals established that charter cities need not comply with Government Code Section 57324; Proposition 62 was a statutory initiative and not a constitutional amendment. He added the majority of Proposition 62 was then superseded by the passage of Proposition 218, a constitutional amendment regarding procedures in a state constitution for placing general and special tax measures before the voters including voter requirements and other procedural items. Oddly, he pointed out, the one remaining vestige of Proposition 62 still enforced, was the provision related to voter requirement to place general taxes on the ballot and as that was not part of the California constitution and because of the Trader Sports decision, it was not applicable to charter cities. Council Member Vanderbilt requested clarification on special taxes, general taxes and their differences. Mr. Houston replied a general tax levied for general governmental matters and did not specify the purpose or use for those taxes, such as Measure N on Anaheim's ballot asking to continue a transfer of certain utility revenues to the general fund with no limitation on the use of those funds as they were for general government purposes. A special tax was a tax earmarked for a specific purpose. He added this measure would apply to both special and general taxes. Council Member Vanderbilt inquired if a TOT tax for short-term rentals would be covered by this amendment with Mr. Houston replying that taxation of short-term rentals was not something that required further approval because it was already covered by the Municipal Code and by prior voter approvals, even though that tax would be for a new use although not much difference if a new hotel was constructed. He inquired if there was a statewide initiative that made medicinal marijuana dispensaries legal in the future, would a statewide tax be considered. Mr. Houston remarked that historically the state had not imposed a special tax on medical marijuana dispensaries; however a number of cities that engaged in the regulated use of dispensaries did apply such a tax and if Anaheim passed this amendment and decided to regulate and tax those uses, it would fall under the 2/3 council vote to place that tax on a ballot as opposed to the majority vote which was the existing requirement. Mayor Tait asked if the city always had a 50 percent requirement to put a measure on the ballot with Mr. Houston explaining that it was his understanding that was the case with some exceptions, a provision in the Revenue and Taxation Code that required transfer and use taxes to have a 2/3 vote, however as a general matter, the majority vote rule applied. Mayor Tait asked for a report on what other charter cities were doing as well as an opinion from the bond raters as to whether making it tougher to place a tax on the ballot made an impact on credit ratings. He stated council had borrowed $200 million for the convention center, $200 million for ARTIC, around $300 million for a street car and had promised a $158 million subsidy for a hotel City Council Minutes of March 3, 2015 Page 13 of 15 and if those projects did not turn out as anticipated, the city would be responsible for those payments. Mayor Tait added that he was concerned about tying the hands of future councils and being fiscally responsible and moved to table this item in order to get additional information as he requested, seconded by Council Member Vanderbilt. The city attorney remarked a motion to table when seconded, stopped debate on the first motion. DISCUSSION: Council Member Brandman recommended a motion to postpone rather than a motion to table the matter. Discussion followed regarding the merits of a motion to postpone to a date certain. Mayor Tait remarked he would stay with the motion to table. ROLL CALL VOTE: AYES — 2: (Mayor Tait and Council Member Vanderbilt). NOES — 3: (Mayor Pro Tern Kring and Council Members Brandman and Murray). Motion to table failed. Mayor Tait remarked the motion to approve this item had been made by Council Member Murray earlier and seconded by Mayor Pro Tern Kring. DISCUSSION: Council Member Murray questioned whether there was anything in the charter amendment that would impact the city's bond rating in some manner. Finance Director Debbie Moreno replied without talking to the rating agencies, she did not believe that the action to change the voter threshold for placing a tax measure on the ballot would have a significant impact on how agencies would rate credit risk because the city was not anticipating any increased taxes and ratings would not be based on any future taxes that could be raised. Council Member Murray stressed it was important to understand that some of the programs identified earlier as having a cost impact to the city had a dedicated source of funding and that TOT incentives that were recommended by staff and approved by the council had economic studies conducted that showed their funding would be based on new revenues that exceeded the amount of the subsidy and were not putting the city in a long -term financial risk. She emphasized this amendment was about conformity with general law cities and insuring if there was a tax being considered by the council in the future, that it would have a 2/3 vote of support behind it before it went to the electorate for their consideration. Additionally, a number of the tax proposals addressed over the last couple of years; i.e., sales tax, use taxes, utility taxes and gate taxes had a cost of living impact and reflected a higher proportion of a low income person's income versus a more affluent resident and should not be enacted without the full support of the city council in line with the statewide initiative that was approved. She did not see a benefit in waiting. Council Member Brandman remarked he did not understand the immediate need to take action, and that Anaheim was a taxpayer friendly community and he did not think that would change. He also had a procedural issue with this proposal because it had been an issue since the 2002 court decision and recommended it be publicly discussed during the next charter review analysis. Council Member Murray stated she had raised this issue during her oath of office ceremony because the city was moving to a new form of governance and there had been a number of candidates who talked about funding their priorities and indicated they would embrace the types of taxes mentioned and she believed there was a time relevance to bringing this matter before council at this point of time and having it before the voters during the next election and asked for council's support. City Council Minutes of March 3, 2015 Page 14 of 15 Mayor Tait restated when a bond underwriter looked at a city, the question of what would happen if the city did not have funds to pay off their debt would be asked and part of that answer was the ability to tax. If this measure made it tougher to put a tax measure on the ballot, he believed it was something bond underwriters would consider; pointing out the Finance Director had indicated she was not certain as to whether or not this would have an impact. Council Member Vanderbilt inquired if bonds were refinanced today versus in December of 2015, would bond underwriters look at the city differently with Ms. Moreno restating she could not state for certain but it was her belief underwriters only took into account the revenues the city was entitled to presently at the current tax rate and were not looking toward the future ability to tax because it required a vote of the people. That premise would not change in December 2016, she emphasized. Mayor Tait believed the current system worked well and as an example he pointed to Measure N that was put on the ballot for the people to validate a transfer that was occurring. He disagreed with that tax, but the majority of the council wanted it on the ballot and the electorate voted it down; in his opinion, that process worked. Mayor Pro Tern Kring emphasized there were two different kinds of bonds, General Obligation bonds which must go to the voter of the people and revenue sharing bonds which did not require voting by the electorate because there was a specific revenue source to pay them back. Discussion continued. Council Member Murray remarked the issue was whether to increase the threshold to 2/3 to put tax measures before the voters and she did not want to wait ten years for another charter review. Mayor Tait remarked if council was considering this amendment, it should also consider going to the electorate for significant borrowings as well. Council Member Brandman remarked he would not support this resolution but also wanted to clarify that Measure N was not a tax, and called for the question to end debate. ROLL CALL VOTE: AYES — 3 (Mayor Pro Tern Kring and Council Members Brandman and Murray.) NOES — 2: (Mayor Tait and Council Member Vanderbilt). Motion to call the question failed. Council Member Murray emphasized Anaheim was one of the most fiscally sound cities in the state with a restored reserve, health care lifetime medical benefits eliminated for future employees and a trust in place to cover the rest, positioned to restore police and fire and invest hundreds of millions of dollars in neighborhoods — all because the city had an economic model that was working. As governance moved to a new paradigm, she wanted additional taxpayer protection by instituting a voter threshold that was already required for general law cities and hoped to move forward with that amendment tonight. Council Member Vanderbilt indicated he would move to continue this item until April 7, 2015 with the consideration of this resolution subject to the information being provided on credit rating and credit worthiness impacts. Mr. Houston remarked that a report that discussed the effect on credit worthiness and credit ratings with respect to borrowing transactions had been requested by Mayor Tait, who also stated he would like an opinion from a rating agency. In addition Mayor Tait requested staff prepare an item that reaffirmed the city charter relative to the use of joint powers authority for borrowing purposes and a separate item that would require a public vote for significant bond issuances to be considered. ROLL CALL VOTE for substitute motion to continue to April 7, 2014. AYES — 4: (Mayor Tait and Council Members Kring, Murray and Vanderbilt). NOES — 1: Council Member Brandman. Motion Carried. City Council Minutes of March 3, 2015 Page 15 of 15 COUNCIL COMMUNICATIONS Council Member Brandman provided an update on the Beach Boulevard Specific Plan, gave information about the recently issued Request for Proposal, and indicated that the Community Outreach summary report had been shared with the community and was available online at www.Anaheim.net/improvetheboulevard. Council Member Murray reported she and Council Member Vanderbilt had attended the State of the County address by Supervisor Todd Spitzer regarding the importance of cities across the county to work together on economic, social and homeless issues. She announced the opening of the La Palma Park Dog Park on Saturday, March 7th and thanked Mayor Pro Tern Kring for her leadership with that program. Council Member Vanderbilt invited all to attend the opening of the La Palma Park Dog Park, remarking it was a social service provided by the City to bring people together in the community. He also requested staff agendize a discussion of a smoking ordinance for parks, a request brought to his attention by community members. Mayor Pro Tern Kring announced the activities scheduled for Saturday, March 7th for the dedication of the La Palma Park Dog Park, stating that she had been pushing for this park since 1999 and was pleased to see it come to fruition. She spoke of her attendance at Baden - Powell Elementary School on February 28th for Read Across America Day, congratulated Officer Jake Gallacher on his promotion to Sergeant and his dedication to the Cops4Kids program and announced the annual Tip -A -Cop event benefitting the Special Olympics scheduled for Thursday, March 12 at Bubba Gump Shrimp Company. She mentioned her attendance with Council Member Brandman at the Cypress College Americana Foundation Dinner honoring Reon Boydstun Howard and announced the Volunteer Recognition Lunch on March 18th at the Grove. Mayor Tait reported that he and his wife, Julie, had participated in Read Across America Day at Baden - Powell Elementary School on February 28th and at Westmont Elementary School on Monday, March 2nd, announcing that students at Westmont were participating in a reading challenge donating books to CHOC. Mayor Tait requested staff place an agenda item on April 7th for a ballot measure related to borrowing money through Joint Powers Authorities. He also asked for a separate agenda item on the same date referencing the 15,000 signature initiative related to a TOT subsidy for hoteliers that it be decided by the people rather than the council. ADJOURNMENT: At 7:48 P.M., without further business to conduct, Mayor Tait adjourned the March 3, 2015 council meeting. Respectfully submitted, I Theresa Bass, MC Acting City Clerk