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04/21/2015ANAHEIM CITY COUNCIL REGULAR AND REGULAR AJOURNED MEETING OF APRIL 21, 2075 The regular meeting of April 21, 2015 was called to order at 3:00 P.M. and adjourned to 3:30 P.M. for lack of a quorum. The regular adjourned meeting of April 21, 2015 was called to order at 3:34 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 April 17, 2015. PRESENT Mayor Pro Tern Lucille Kring and Council Members: Jordan Brandman, Kris Murray and James Vanderbilt ABSENT: Mayor Tom Tait (excused) STAFF PRESENT: Interim City Manager Paul Emery, City Attorney Michael Houston and City Clerk Linda Andal WORKSHOP: COMMUNITY SERVICES CAPITAL IMPROVEMENT PLAN UPDATE Terry Lowe, Community Services Director, announced he would provide an overview of recent capital planning and development efforts along with recommendations for future development for the next fiscal year. PARK SYSTEM FUNDING: To fund the development of new parks and provide new amenities for existing parks, he explained the Department received park development fees from new residential development projects due to the state Quimby Act; funds that were restricted for use in the same general area in which residential construction took place to relieve the impact of new residents on the park system and also restricted from use for maintenance and operation. The park development fees were divided into four zones; Platinum Triangle, West, Central and East, with most of the funding capital coming from the development of the Platinum Triangle. There were currently 13 projects in progress throughout the City that he outlined for the Council. He indicated staff would also be recommending, following the renovation of the Manzanita Park Recreation Center, that the Boys and Girls Club transition into this facility from their current location downtown and give them their first permanent building in Anaheim. Other highlights included the development of the city's second dog park in Anaheim Hills and a small neighborhood park in West Anaheim, in addition to a number of restroom and playground replacements. Mr. Lowe recalled that about fifteen years ago, a comprehensive community input process resulted in a vision plan for facility development in West Anaheim, the police substation, Youth Center on Beach Blvd, the Haskett Library, Reid Park Fire station, and the expansion of Maxwell Park. The only project left to be completed was the expansion and modernization of the Brookhurst Community Center which would include a dedicated space for senior programming and relocation of the Anaheim Therapeutic Recreation Center from its current site. He pointed out this would transform the 38 year old meeting facility into a multi -use, multi - generational community center similar to the downtown facility and open up more green space at Maxwell Park. He added this project would be timed to coincide with the development of a state- of -the- art accessible playground designed to accommodate people with special needs. Another significant development would be the master planning for La Palma Park to include use for youth sports which could accommodate three full size soccer fields. It would also modernize City Council Minutes of April 21, 2015 Page 2 of 26 Glover Stadium and Dee Fee Field to include synthetic turf. The planning effort would further include a future phase for the development of the adjacent properties that the City purchased over the last 20 years for the expansion of this park. Mr. Lowe remarked the original Environmental Impact Report (EIR) for the development of the Platinum Triangle specified that fees and limited dedication of park land received from residential construction would be used for the development of park amenities in the Platinum Triangle. The EIR also addressed the impact on three parks located just outside of the Platinum Triangle's boundaries by stating that "the Proposed Project would significantly increase usage at existing City parks and recreational facilities, including Ponderosa Park, Juarez Park, and Boysen Park." Subsequent legal opinions received from the City Attorney's Office have interpreted that park fees from housing developments inside of the Platinum Triangle could be used to upgrade the facilities in the these three parks, as well as the development and purchase of new recreational sites in the Platinum Triangle's "sphere of influence" just outside of the area's boundaries. In addition to parks that the developers would build, Mr. Lowe indicated Magnolia Park was the first one in service and the first phase of Anaheim Coves was completed and heavily used by the public. The nearest community park to the Platinum Triangle development was Boysen Park, an area where children from these residential units would be able to play Little League, Bobby Sox softball, and soccer. The department's plan for Boysen had been to renovate it in three phases; i.e., the first phase was already completed, the second was for the complete renovation of the historic Wagner House on the property and the adjacent Anaheim Tennis Center, while the final phase would be the development of the rest of the park timed with the demolition and replacement of Roosevelt Elementary School which uses part of the park as its playground. Currently, he stated, staff was working closely with the Orange County Water District to extend Anaheim Coves up river in a continuing effort to engage the Santa Ana River wherever it touched the city and with Southern California Edison to secure some land in an easement area that could serve as another park for the Platinum Triangle. He pointed out this piece of land would be given to the city at no cost as a condition of the Anaheim /SCE franchise agreement and would feature basketball courts, picnic areas and exercise equipment. Mr. Lowe noted that the department's most ambitious step forward in the use of these fees was for the complete renovation of Ponderosa Park to include a skateboard facility, spray park, family resource center, and gymnasium. He added these facilities would complete the vision that was collectively established by stakeholders and resulted in a beautiful new school and library branch for the Haster- Orangewood Neighborhood. For the next fiscal year, he reported staff recommended the implementation of phase two of the renovation of Boysen Park to include the restoration of the Wagner House and the Anaheim Tennis Center, per community planning efforts and contractual obligations with the operator of the center. At the same time, the planning process for phase three would be done in conjunction with the Anaheim City School District, youth sports organizations and park neighbors. Additionally, he recommended continuing discussions with the staff of the OCWD concerning the purchase and development of a large sports park at the Ball Road Basin site. A slide showing a summary of funding for the proposed projects was shown, detailing the projected fund balance, anticipated fee projections and expenditures, including Ponderosa and Boysen Parks and the expansion of Anaheim Coves. Part of this strategy, he commented, City Council Minutes of April 21, 2015 Page 3 of 26 involved recommending the sale of city land at Anaheim Way, land that was purchased as a prospective park site with funding from the first developments in the Platinum Triangle. For several reasons, staff determined that park site was not suitable, as its irregular shape would only allow one soccer field and parking, and it was situated on a one -way freeway frontage road that made getting to the site difficult. More importantly, he emphasized, since the city purchased this site, AQMD standards changed and for health and safety reasons, they do not recommend building outside sports facilities within 500 feet of a freeway. He explained this site was directly beneath the Santa Ana Freeway, purchased for $4 million which would need to be repaid to the Platinum Triangle fund for future development. The good news was the land had been recently appraised for over $8 million and the department had received unsolicited offcers for the land in excess of $10 million. Lastly, he commented, along with continuing efforts to replace aging restrooms, playgrounds and other features on parks throughout the City, staff further recommended that any net proceeds for the sale of Anaheim Way be allocated to improving and expanding La Palma Park. For the Brookhurst Community Center modernization and expansion project, staff recommended developing a master plan for the design so that costs for the development could be estimated, followed by a joint public /private fundraising campaign with the non - profit service provider at the Anaheim Therapeutic Recreation Center, Ability First, an effort that should help tap into private charitable resources that might not be available for government agencies in addition to normal grant funding sources. Council Member Murray commented on the importance of making these types of investments in the city and looked forward to accelerating La Palma and Boysen Parks and viewing the plans for Ponderosa. Council Member Brandman requested details on the La Palma Park renovation and using net proceeds from Anaheim Way Site to fund that effort. Mr. Lowe remarked the vision for that park went back decades with a strategy of purchasing as much land as possible and expanding it with sports field. Currently, he indicated, the city owned all but two parcels of land adding that the UCI lease would expire in 2017 and his recommendation would be to get that parcel back. He stated the high school was the primary user of Glover Stadium and it was kept in pristine condition specifically for high school baseball, although with the addition of synthetic turf, a concept that had already been vetted by the school district, that facility could be used every day and still be kept in the best condition for the school. He remarked the structures would remain in Glover as the seating capacity was adequate; it was the playability that should be maximized. To the question was there enough funding for that vision, Mr. Lowe responded funding for the outside fields would be a priority and he hoped the bonds going through right now would have some funding provided for renovation of existing parks and fields, and various parks and recreation supporters were lobbying for that component. Council Member Brandman appreciated staff's efforts and requested a workshop specific to La Palma Park and what it would take to complete the vision for a great athletic park be scheduled. Council Member Murray added she wanted staff to be cognizant of the maintenance and upkeep of Anaheim's parks during the coming budget workshops, and consider options that might best address this concern, possibly bringing back in -house resources. ADDITIONS/DELETIONS TO CLOSED SESSION None City Council Minutes of April 21, 2015 Page 4 of 26 PUBLIC COMMENTS ON CLOSED SESSION ITEMS Cecil Jordan spoke of an unrelated item to closed session. At 4:12 P.M., Mayor Pro Tern Kring recessed to closed session for the following items: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Gonzalez et al. v. City of Anaheim et al., USDC Case No. CV10 -4660 PA (SHx) consolidated with SACV 10 -1608. 2. PUBLIC EMPLOYEE APPOINTMENT (Section 54957 of the California Government Code) Position: City Manager 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Chris Chase Position: City Manager At 5:04 P.M., Anaheim City Council returned from closed session. INVOCATION: Pastor Penny Tucker, Hope Community Church of Anaheim FLAG SALUTE: Council Member Jordan Brandman PRESENTATIONS: Recognizing the Community Pride Poster Contest Winners Sandra Sagert, Anaheim Beautiful, announced the winners of the 2 nd Community Pride Poster, contest offered to students from public elementary schools, grades 1 through 6, and introduced those award winners. She indicated the posters would be displayed on the Anaheim Beautiful website and the Public Works Recycling website, with themes that reflected recycling, anti - littering and anti - graffiti. Recognizing the Special Olympics World Games Tim Redmond, Special Olympics expressed appreciation for Anaheim hosting Special Olympic delegations from the countries of Senegal and Canada, adding that 80 other communities were hosting delegations as well to give them a taste of American culture and get the athletes ready to compete on July 25 at the Coliseum. Bill Shumard added that 7,000 athletes from 177 countries were participating in this event and presented Anaheim with the Special Olympic host town flag in recognition of their service. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming May 11 -15, 2015, as Bike to Work Week Tim Shaw announced Orange County Transit Authority were strong supporters of active transportation and worked to improve bike safety as evidenced by the proposed Orange County Loop, a 66 mile loop of bike and pedestrian inland and scenic pathways. He added on May City Council Minutes of April 21, 2015 Page 5 of 26 14 Metrolink was offering free rides for those with bikes, a way to spread the word about OC Bike Month. Proclaiming April 28, 2015, as World Day for Safety and Health in the Workplace Bill Taylor, Safety Manager, announced the city was seeking to build a culture of safety and health in the workplace, asking employees to report any unsafe conditions to eliminate injuries in the workplace. Proclaiming May 5, 2015, as Cinco de Mayo Felipe Guerena announced that the city had hosted a Cinco de Mayo fiesta for over 45 years that had been supported and attended by city leaders, and he looked forward to another successful event. Proclaiming April 19 - 25, 2015, as Tree Appreciation Week — Clare Nelson, Tree Power remarked that in honor of Tree Appreciation Week and Arbor Day, Public Works was partnering with Anaheim Public utilities and the Community Services Department with a tree planting /education opportunity for kids. She pointed out 569 trees had been planted in 15 parks through a CALFIRE grant and that the Tree Power program would plant its 50,OOO tree in 2015. Proclaiming May 2015, as Jewish American Heritage Month Rabbi Joel Berman, Temple Beth Emet, revealed a number of facts regarding Anaheim's Jewish heritage, stating one third of the original 50 founders were Jews and that Benjamin Dreyfuss, a vintner who managed the Anaheim Wine Grower's Association, owned the largest winery in the state and served as the first Mayor of Anaheim. Proclaiming May 2015, as Asian American Pacific Islander Heritage Month Mary Ann Foo, Orange County Asian Pacific Islander Community Alliance, appreciated Council's recognition of a significant Asian and Pacific Islander population in Anaheim and Orange County. Ashley Sherry spoke to the youth and education scholarship programs this organization offered and its FAFSA Completion Program with the goal of increasing the college going culture among high school campuses by assisting all students in gaining access to higher education. Proclaiming May 3 - 9, 2015, as Wildfire Awareness Week Fire Marshall Jeff Lutz along with Smoky the Bear, announced May 2n would see the kickoff of the fire safety community garden and encouraged citizens to visit the website and check out the Ready, Set, Go program to get prepared for the wildfire season. Proclaiming May 12, 2015, as International ME /CFS and Fibromyalgia Awareness Day Harvey Carden remarked this disease was a complex multi- system disorder with no effective treatment or cure. He appreciated the city bringing attention to a medical condition that had not received the proper research it deserved. City Council Minutes of April 21, 2015 Page 6 of 26 At 5:37 P.M., Mayor Pro Tern Kring called to order the Anaheim Housing Authority (in joint session with the Anaheim City Council). ADDITIONS /DELETIONS TO THE AGENDAS: City Clerk, Linda Andal, announced staff's request to withdraw Item No. 27, as indicated on the agenda. PUBLIC COMMENTS (all agenda items). Prior to receipt of public comments, a brief decorum statement was provided by City Clerk, Linda Andal. Carmen Rivera, resident, spoke on behalf of her Walmart co- workers, seeking Council support in assuring the employees of the Convention Center retained their jobs. She emphasized that any prospective company coming in should value these long -term employees who could offer stability, flexibility, knowledge and experience, and view them as assets. Mayor Pro Tern Kring requested an update from the City Manager on this issue with Mr. Emery responding that a Request for Proposal was underway which included language to work with employee representatives to ensure the rights of existing workers who served the city well at the Convention Center were protected. William Fitzgerald objected to actions taken during closed session oral comments and spoke against the denial of ballot measures that were considered at the April 7, 2015 Council meetings, claiming the vote favored the Disney Corporation's interests and offering his opinion as to why Council Members rejected the measures. Referencing a point of personal privilege, Mayor Pro Tern Kring responded to Mr. Fitzgerald's comments stating Disney had never held a fund - raiser for her and pointing out that during closed session public comments, comments should address only those closed session items listed. Mr. Vanderbilt, referenced a point of personal privilege as well, stated his vote on the April 7 th ballot measures was based on merit and in the best interest of the citizens of Anaheim as he explained to the public at that meeting. Council Member Murray objected to Mr. Fitzgerald's comments, stating he often crossed the barriers into libel but that the first amendment allowed him to do so. Elva Rubacalva, representing 28,000 Disneyland resort cast members, announced the Resort was the recipient of the 2015 Governor's Environmental and Economic Leadership award for its commitment to waste reduction, reuse and recycling, California's highest environmental honor. In addition, the Resort won the US Environmental Protection Agency Good Recovery Challenge in the theme park category for achieving the highest percentage increase in food recovery in the nation having diverted more than 7 million pounds of food scraps from landfills for processing into feed nutrients for farm animals in just 18 months. She also informed Council that the Circle D Corral was the first theme park in the nation to receive Gold Level Zero Waste Certification. Larry Slagle addressed the Convention Center groundbreaking on this date, the 7 th expansion of the facility, pointing out an Anaheim based construction company had been selected for the design /build services. He indicated over 50 groups had expressed interest in the new space with 10 groups already booking their dates. Daniel DeMeyere, regarding Brookhurst Street Improvements, spoke about safety concerns with the current bus stop, urging the city to have it moved. He also recommended lights to keep tagging to a minimum at the wall of the football field north of his home, a problem he and his neighbors faced since completion of the project. Mayor Pro Tern Kring requested the city speak to OCTA of a potential safety issue re the bus stop and to look at tagging and possible lighting of the field wall. City Council Minutes of April 21, 2015 Page 7 of 26 Dr. Devera Heard, Santa Ana resident, presented the city with a VVP award for their support and attendance in recognition of Black History Month. A multi- ethnic parade and cultural fair was held in Anaheim last February, and Ms. Heard introduced Cedric Collins and Cathy Woodward who were instrumental in putting on the event. Estelle Collins expressed distress over her treatment by an ARCO employee at the gas station located on Katella and State College Boulevard, remarking that customers should be treated with respect. R. Joshua Collins, Homeless Advocates for Christ, stated Anaheim needed a homeless bill of rights and that the homeless in Maxwell Park were regularly harassed by police or code enforcement having their property confiscated as a result. He expected the city to respond to his concerns. Mayor Pro Tern Kring requested the City Manager look into Mr. Collins' comments and report back to Council. She also explained that public comments were a time reserved for the public to speak on issues and not a time for discussion. She pointed out Anaheim had an aggressive homeless task force that involved many departments, churches, social workers and other nonprofit agencies, but that the establishment of a shelter, an effort Council supported at the last meeting, took time and could not be built overnight. Lou Noble thanked the city for approving the shelter at 1000 Kraemer Place in Anaheim, a site that had been disclosed in the Register weeks before it was approved by Council. He pointed out as the Armory closed, there were hundreds of elderly, disabled or veterans now on the streets who were in danger from criminals and the police who infringed on their rights. He also supported a homeless bill of rights. Linda Lobatos explained that her nephew, Mario Ocala, had been hit by a driver under the influence on Gilbert Street and Guinida Lane, an accident, she believed could have been avoided if there were street lights on both streets. Mayor Pro Tern Kring responded that this area was shared by the county and the city; requesting staff engage the county. Mark Daniels spoke about a recent article on ARTIC which reported a $2 million operating deficit at the end of this fiscal year, with City Council considering options to cover that revenue loss. He stated ridership numbers did not match assumptions made, and that the city should address this problem before it took on another with the street car project. Cynthia Ward addressed comments to the ARTIC revenue deficit, laying the fault at city staff for providing incorrect assumption data, suggesting ATID fund the remaining ARTIC operating costs and the proposed street car project be canceled with those funds shifted to ARTIC as the data behind that project used the same assumptions as ARTIC. She objected to officers harassing the homeless and objected to considering fireworks during the existing drought conditions. She remarked her neighborhood was an environmentally sensitive historic district, and this ordinance effectively pushed fireworks usage there while exempting the hills and industrial /commercial areas. She also opposed the Honda Center arena acquiring 70 percent of the fireworks proceeds with nonprofits only receiving 30 percent, asking this item be pulled and council revisit it with a safer version. Victoria Michaels, resident, objected to Council Members leaving the dais or speaking to staff while constituents offered comments. Council Member Murray responded that City Council attended meetings that began at 3:00 P.M. for workshops and closed sessions with agendas that lasted well into the evening and it was necessary to excuse themselves for personal needs. City Council Minutes of April 21, 2015 Page 8 of 26 Mayor Pro Tern Kring remarked that audio of the meeting was available in bathrooms or in the back room in which every word spoken could be heard. COUNCIL COMMUNICATIONS: None CITY MANAGER'S UPDATE: None At 6:25 P.M., the City Council session was briefly recessed to consider the Housing Authority agenda, and reconvened at 6:39 P.M. CONSENT CALENDAR: At 6:39 P.M. Council Member Vanderbilt removed Item Nos. 8, 9, 11 and 24 from the consent calendar for further discussion. Council Member Murray then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, in accordance with reports, certifications and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member Kring. Roll Call Vote: AYES — 4: (Vice Chair Kring and Council Members: Brandman, Murray and Vanderbilt.) NOES — 0. ABSENT — 1: Mayor Tait. Motion Carried B105 2. Receive and file minutes of the Budget, Investment and Technology Commission meeting of December 17, 2014, Community Services Board meeting of January 8, 2015 and Library Board meeting of March 9, 2015. D116 3. Approve a Proclamation to be presented at a future Council meeting for Fair Housing Month. D117 4. Approve the Investment Portfolio Report for March 2015. 5. Award the contract to the lowest responsible bidder, Caltec Corporation, in the amount AGR -8802 of $523,000, for the Stoddard Park Restroom Renovation, Expansion and Site Improvements Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 6. Accept the lowest responsive bid of Pricon Inc., in the amount of $234,710 including tax, D180 for the purchase of computer networking equipment for the Community Services Library Division and authorize the Purchasing Agent to execute the purchase order, in accordance with Bid # 8451. D180 7. Accept the low bid of Energy Options, Inc., in an amount not to exceed $152,676, to refurbish two cooling towers located on the rooftop of Anaheim West Tower, in accordance with the scope of work, specifications, terms and conditions of Bid # 8431. D154 10. Approve the appointment and stated benefits of David Belmer to the position of Planning Director, effective May 26, 2015. AGR -8803, 12. Approve and authorize the City Manager, or designee, to execute and take necessary 5221.A, 8804, action to implement and administer the Professional Services Agreement, and related 8805, documents, with Bureau Veritas North America Inc., CSG Consulting, Inc., Interwest 8806 Consulting Group, Inc., Jason Addison Smith Consulting Services, Inc., DBA Jas Pacific, and The Code Group, Inc., for as needed consulting services to support the Planning City Council Minutes of April 21, 2015 Page 9 of 26 16. Approve the Temporary Construction Easement Agreement with the Association of Islamic Charitable Projects, in the amount of $7,000, for property located at 1136 North AGR -8810 Brookhurst Street for the Brookhurst Street Improvement Project from 1 -5 to SR91 (R/WACQ2013- 00438). 17. Approve an agreement with Group 4 Architecture, Research + Planning, Inc., in an AGR 8811 amount not to exceed $231,587, to provide architectural and design services for the renovation and re- design of the Euclid and Sunkist branch libraries. AGR - 7155.3 18. Approve Amendment No. 3 of the Right of Entry and License Agreement with Asplundh Construction Corporation (Licensee) for the purpose of increasing Licensee's space to the adjoining lot at 1730 Anaheim Way an additional 54,740 square feet. 19. Approve an agreement with Anaheim Family YMCA, a non - profit corporation, and Young Men's Christian Association of Orange, a non - profit corporation, to utilize the Canyon AGR- 6729.D High School pool to conduct public swim lessons for the residents of Anaheim on behalf of the City. The City Clerk reported, in accordance with Government Code Section 1091.588, Mayor Pro Tem Kring who served as a YMCA director could cast a vote on this item. 20. Approve a contract with CGI Technologies and Solutions, Inc., in an amount not to AGR- 5154.A exceed $1,762,578, for the upgrade of the City's existing ERP System covering the Financial, Budget, Human Resources and Payroll systems from version 3.7 to version 3.10 and authorize the Finance Director to execute the software upgrade and implementation agreements and any additional agreements, change orders, purchase orders, and related documents as necessary for the implementation of this upgrade. 21. Approve and authorize the Public Utilities General Manager to execute and take necessary actions to implement and administer a consulting engineering services AGR -8812 agreement, and related documents, with Psomas, in the amount of $1,059,941 and a fifteen percent contingency, if needed, for the La Palma Complex Reservoir Rehabilitation and Pump Station Replacement Project. Department and authorize minimal changes that do not substantially change the term and conditions of the agreements, as determined by the City Attorney. AGR -8807, 13. Approve and authorize the Public Works Director to execute and take necessary action 8808, 6599.A, to implement and administer the Professional Services Agreement, and related 6598.A, documents, with CH2MHILL; EcoNomics, Inc.; HF &H Consultants, LLC.; MSW 6675.A, Consultants, Inc.; R3 Consulting Group, Inc.; and Stearns, Conrad and Schmidt 6597.A Consulting Engineers, Inc. for as- needed solid waste consultant services to the Department of Public Works and authorize minimal changes that do not substantially change the term and conditions of the agreements, as determined by the City Attorney. AGR -8809 14. Approve the Final Map and Subdivision Agreement with TREF3 Anaheim, LLC, for Tract No. 17796 at 1311 -1349 North Blue Gum Street for the establishment of a seven -lot industrial subdivision. AGR- 5658.A.1 15. Approve the Amendment to Waste Disposal Agreement with the County of Orange to continue importation to the county landfill system for five years through June 30, 2025. 16. Approve the Temporary Construction Easement Agreement with the Association of Islamic Charitable Projects, in the amount of $7,000, for property located at 1136 North AGR -8810 Brookhurst Street for the Brookhurst Street Improvement Project from 1 -5 to SR91 (R/WACQ2013- 00438). 17. Approve an agreement with Group 4 Architecture, Research + Planning, Inc., in an AGR 8811 amount not to exceed $231,587, to provide architectural and design services for the renovation and re- design of the Euclid and Sunkist branch libraries. AGR - 7155.3 18. Approve Amendment No. 3 of the Right of Entry and License Agreement with Asplundh Construction Corporation (Licensee) for the purpose of increasing Licensee's space to the adjoining lot at 1730 Anaheim Way an additional 54,740 square feet. 19. Approve an agreement with Anaheim Family YMCA, a non - profit corporation, and Young Men's Christian Association of Orange, a non - profit corporation, to utilize the Canyon AGR- 6729.D High School pool to conduct public swim lessons for the residents of Anaheim on behalf of the City. The City Clerk reported, in accordance with Government Code Section 1091.588, Mayor Pro Tem Kring who served as a YMCA director could cast a vote on this item. 20. Approve a contract with CGI Technologies and Solutions, Inc., in an amount not to AGR- 5154.A exceed $1,762,578, for the upgrade of the City's existing ERP System covering the Financial, Budget, Human Resources and Payroll systems from version 3.7 to version 3.10 and authorize the Finance Director to execute the software upgrade and implementation agreements and any additional agreements, change orders, purchase orders, and related documents as necessary for the implementation of this upgrade. 21. Approve and authorize the Public Utilities General Manager to execute and take necessary actions to implement and administer a consulting engineering services AGR -8812 agreement, and related documents, with Psomas, in the amount of $1,059,941 and a fifteen percent contingency, if needed, for the La Palma Complex Reservoir Rehabilitation and Pump Station Replacement Project. City Council Minutes of April 21, 2015 Page 10 of 26 P124 22. RESOLUTION NO. 2015 -148 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. 11827). 23. ORDINANCE NO. 6323 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Title 6 (Public Health and Safety) of the Anaheim Municipal Code M142 to permit the sale and discharge of safe and sane fireworks within certain areas of the City based upon the finding and determination that (1) the sale of fireworks is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15304 of the State CEQA guidelines and (2) the discharge of safe and sane fireworks is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the state CEQA guidelines and is not a "project ", as defined in section 15378 of the state CEQA guidelines. ORDINANCE NO. 6324 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Title 18 (Zoning Code) of the Anaheim Municipal Code to include the definition of fireworks and to permit the sale of fireworks as a temporary use within the arena district of the Platinum Triangle Mixed Use (PTMU) Overlay Zone based upon the finding and determination that the sale of fireworks as a temporary use within the arena district of the PTMU Overlay Zone is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15304 of the State CEQA guidelines. 25. ORDINANCE NO. 6325 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending and restating subsection .130 of Section 6.44.010 (Nuisances) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal M142 Code relating to nuisances based upon the finding and determination that the subject matter of this 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 and is not a "project ", as defined in section 15378 of the State CEQA guidelines. D114 26. Approve minutes of the Council meeting of March 17, 2015. END OF CONSENT: Council Member Vanderbilt stated he had pulled Item Nos., 8, 9 and 11 from the consent calendar as they were somewhat related and he wanted to offer his viewpoint on the process. He understood that Item No. 11 was a contract with a firm to lobby on behalf of the city in the State capitol and to work on legislation of importance to the city, either in support of or in opposition to bills that would impact citizens and that it offered a process in which the city could take formal positions on legislation of importance. He added that process was separate from the recommendation for Item Nos. 8 and 9, in which letters of support or opposition would be sent. He suggested that in a future discussion Council consider a process in which the city's lobbyist evaluated legislation that was proposed to be supported or opposed and that a more formal method, i.e. a resolution rather than a letter be considered, and that the timing of submittal of that resolution be considered as well. Council Member Vanderbilt remarked he was supportive of Item No. 11, however, he felt the comments he had made were important when he discussed Item Nos. 8 and 9 and the position he would take. Mayor Pro Tem Kring suggested Item No. 11 be considered before Item Nos. 8 and 9. City Council Minutes of April 21, 2015 Page 11 of 26 11. Approve an agreement with Topp Strategies, in the amount of $10,000 per month, for AGR- 8136.A state advocacy services for a term of eighteen months with an option for the City Manager to extend the agreement for three one -year renewals (Continued from Council meeting of April 7, 2015, Item No. 17). Council Member Vanderbilt moved to approve Item No. 11, seconded by Council Member Brandman. Roll Call Vote: AYES — 4: (Mayor Pro Tern Kring and Council Members Murray, Brandman and Vanderbilt). NOES — 0. ABSENT — 1: Mayor Tait. Motion Carried. D116 8_ Oppose California Senate Bill 128, a bill that would legalize assisted suicide in California. Mayor Pro Tern Kring explained she had requested Council consider opposing SB128 at this time, as it had made its way through subcommittees and it was important to make the city's position known before the Governor's signature. She added that as a Catholic, she could not support this legislation as there were other palliative ways for the end of life to be handled and should council not approve the item, she would send a personal letter under her signature. Council Member Murray also supported a more cohesive and collaborative process related to government affairs, both in Sacramento and in Washington, D.C., and from her position, a more comprehensive legislative and intergovernmental relations strategy was needed so the city's lobbyist had a roadmap going forward. She added that occasionally bills came up unexpectedly and that she would support approval of Item No. 8. Mayor Pro Tern Kring then moved to approve Item No. 8, seconded by Council Member Murray. Roll Call Vote: AYES — 2: (Mayor Pro Tern Kring and Council Member Murray). NOES — 2: (Council Member Brandman and Vanderbilt). ABSENT — 1: Mayor Tait. City Clerk, Linda Andal, announced that in accordance with City Council Rules, this item would be continued to May 5, 2015, as a result of a tie vote. D116 9. Oppose, unless amended, California Senate Bill 355, a bill that would reduce Orange County's voting representation on the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy Board. Deputy City Manager Greg Garcia, reported this item would authorize a letter to oppose unless amended, action that resulted from the prior council meeting in which an amendment was recommended that rather than oppose the bill, the city take an oppose unless amended position and offer a solution that would achieve the bill's intent while also protecting Orange County's membership on the Rivers, Mountains and Conservancy Board. Mr. Garcia reported that amendment had been made as suggested and if approved by council, a letter would be sent to the bill's author. Council Member Brandman moved to approve Item No. 9, seconded by Council Member Vanderbilt. DISCUSSION: Council Member Vanderbilt confirmed that staff would make the city's lobbyist aware of the city's position on this legislation and direct them to work closely with the author and City Council Minutes of April 21, 2015 Page 12 of 26 the remainder of the delegation in Sacramento to advance Anaheim's interest in amending SB 355 to benefit the city and the county. Roll Call Vote: AYES — 4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray, and Vanderbilt). ABSENT — 1: Mayor Tait. 24. Authorize the City Manager, or his designee, to enter into a letter agreement with AGR -8813 Anaheim Arena Management outlining the manner in which fireworks sales will occur at the Honda Center. Deputy City Manager Greg Garcia remarked Item No. 24 would authorize the City Manager or his designee to enter into a letter agreement with Anaheim Arena Management (AAM) outlining the way in which firework sales would take place at the Honda Center. With Measure E passing last summer, he explained council was now authorized to regulate safe and sane fireworks, adding that staff prepared a package of amendments to the Municipal Code that would allow the city to regulate sale and use of fireworks citywide. As part of that package, staff proposed that one location within the city be authorized for the sale of those fireworks, i.e., the Honda Center which was located within the arena district designated Platinum Triangle Mixed Use Overlay Zone. In conjunction with Anaheim Arena Management, he reported, staff created a model program in which AAM would act as a qualified owner to sell fireworks during a designated sales period at the Honda Center with part of that arrangement including a letter agreement to outline certain conditions for sales on that site. Mr. Garcia delineated the letter agreement explaining a nonprofit program would be established in which qualified Anaheim based organizations could register with AAM so they could participate and share in revenues generated by sales and that the portion of gross revenues for qualified organizations to receive would be defined. He indicated that after researching other firework sales models, staff and AAM designed a program in which only nonprofits would receive funds and a lottery system would not be required for those nonprofits to participate. Specifically, the nonprofit program contained the following: 1) AAM would agree to remit to qualified Anaheim nonprofit organizations 30 percent of the gross fireworks sales generated by supporters of the nonprofits through the program via flyers or other documentation that fireworks purchasers would bring to the Honda Center; 2) AAM would remit 10 percent of gross fireworks sales to the Anaheim Community Foundation for support of local community events and organizations, not to exceed $100,000; and 3) the letter agreement with AAM would become operative after the second reading of related ordinances on May 5, 2015. Mr. Garcia ended the presentation indicating there was no budget impact to the city as Anaheim Arena Management was responsible for the establishment of the nonprofit program, including registration and qualification. Further, AAM would be responsible for facilitating the sale of fireworks onsite at the Honda Center and for distribution of the revenues as outlined. Council Member Vanderbilt reported he had been briefed on this matter several weeks ago and believed it was a thoughtful approach to addressing the public's request for fireworks. His concern was that by having AAM man the fireworks stand at one location, the nonprofits could lose revenues as normally firework stands had been completely staffed by volunteers, not paid personnel. He pointed to an article on Huntington Beach's fireworks sales, utilizing a lottery system for 15 permits, which indicated the city should have generated $75,000 per stand or $1,125,000. Anaheim, with a potential 35 permits for nonprofits could possibly double that amount of revenue and with 70 percent of the nonprofits only eligible for 30 percent of the revenue generated, Mr. Vanderbilt believed revenues would be lost. Mr. Garcia offered insight City Council Minutes of April 21, 2015 Page 13 of 26 into the thought process for establishing this type of program versus the lottery system used in Huntington Beach that offered 15 out of 83 qualified applicants a share of the revenues. In this model, he indicated staff tried to establish a method to benefit all nonprofits that wanted to participate and was the rationale for a 3 I party partnership being considered. The Honda Center would bear the burden of all costs associated with fireworks sales, putting together the nonprofit program, registering nonprofits, advertising, building booths, and encouraging nonprofit supporters to purchase those fireworks. Under other models, he explained, the nonprofits would be lucky to get a permit, find a location for their stand and possibly pay a fee for it, including insurance in some instances, as well as fronting the cost to buy the fireworks. Under this program, the Honda Center would bear the burden and associated costs for the program, with the nonprofits receiving a portion of the revenues. For the first year, Mr. Garcia pointed out staff believed 30 percent was appropriate and after speaking with many nonprofit organizations that had reached out to the city after passage of Measure E, they appeared to be satisfied because if they registered and qualified as a nonprofit their organization would have the ability to receive proceeds. In exchange, the Honda Center would make this an event and try to bring in as many people as possible. He added this was a pilot program and since it had been decades since fireworks were sold in Anaheim, staff believed this was a fair model that could be amended as appropriate after analyzing the results from the first year. Mayor Pro Tern Kring remarked that since this was a pilot program, the Honda Center would not have the cost of building stands each year and could pass those savings onto the nonprofits. Mr. Garcia remarked that he envisioned the stands being a temporary structure approved and inspected by the Fire Department and rebuilt each year, but felt other savings could be found, all of which would be evaluated after the pilot program. Council Member Murray appreciated staff's thoughtful approach to the voter's approval of having safe and sane fireworks available in Anaheim. She inquired how that safe component would be addressed while the fireworks were being sold and used and requested Fire Chief Bruegman respond. Chief Bruegman stated the ordinance Council introduced earlier outlined several factors to address the safety of the community, the most significant being the identification of a high fire hazard area in which no fireworks would be allowed; that area was east of Highway 55 and south of the 91 freeway and had been classified as such by the state. In addition, a condition had been added to the ordinance that should there be a red flag condition on July 4 the city could stop the use of fireworks and try to select another day for that event to occur. He added staff had researched the National Weather Service and found no instances where a red flag condition occurred on that date but that the condition would insure the city had some control in place if necessary. The other component, he noted, was related to enforcement and should there be an increase in the illegal use of fireworks in the first or second year, enforcement of the ordinance by both police, fire and code enforcement would be critical going forward, whether it was for illegal fireworks but also if safe and sane fireworks occurred on days not allowed. He emphasized the voters had spoken and staff was prudent in outlining how this process would be as safe as possible and believed this model provided for a better opportunity for more of Anaheim's nonprofits to share in revenues and that all aspects of the ordinance would be evaluated, including cleanup and enforcement to bring back a holistic overview of how the program fared. City Council Minutes of April 21, 2015 Page 14 of 26 Council Member Murray thanked Anaheim Arena Management for stepping up and taking care of the logistics, providing a single location for nonprofits to participate versus scattered booths across the city which made oversight more difficult. She looked forward to seeing the follow -up analysis and allowing the public to weigh in on the issues, positive or negative, that surfaced. Council Member Brandman moved to approve Item No. 24, seconded by Council Member Murray. Roll Call Vote: AYES — 3: (Mayor Pro Tern Kring and Council Members Brandman and Murray.) NOES — 1: Council Member Vanderbilt. ABSENT — 1: Mayor Tait. Motion Carried. PUBLIC HEARINGS: 27. This is a public hearing relating to the implementation of the water reduction plan of Chapter 10.18 of the Anaheim Municipal Code in compliance with recently adopted mandatory emergency drought regulations of the State Water Resources Control Board and Water Code. Item No. 27 was withdrawn by staff. 28. This is a public hearing to consider a resolution vacating a public alley at 1001 -1021 North Magnolia Avenue extending westerly from Magnolia Avenue to Felicidad Street. Pilo RESOLUTION NO. 2015 -149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a public alley at 1001 -1021 North Magnolia Avenue extending westerly from Magnolia Avenue to Felicidad Street (Abandonment No. ABA 2014 - 00288). Natalie Meeks, Public Works Director, announced this alley abandonment was located behind a shopping center that connected one of the arterial corridors to a neighborhood and the city had received complaints related to cut - through traffic and other problems. She explained there had been a pilot project to close this alley for a certain period of time, and the neighbors had been polled and staff meeting with them on multiple occasions to insure the alley closure solved their concerns. As the neighborhood was in favor of closing this alley, staff was moving forward with the vacation which also worked with the setback and landscape areas associated with the redevelopment of the shopping center. Mayor Pro Tern Kring opened the public hearing William Fitzgerald opposed the abandonment, stating it was a giveaway of 4,000 square feet of city owned property he believed was valued at $200,000 and that staff had not been truthful about the facts. Mr. Fitzgerald made a number of other allegations related to ex parte communications. With no other comments offered, Mayor Pro Tern Kring closed the public hearing. Michael Houston, City Attorney, responded to claims made by the prior speaker stating legislative actions did not require council members to identify ex parte communications related to this specific public hearing as well as the Housing Authority public hearing, as they were both legislative acts. Public hearing Item Nos. 29 and 30, he pointed out, included quasi - adjudicatory actions and required Council Members to identify their ex parte contacts, if any. Council Member Vanderbilt requested staff respond to earlier comments posed in opposition to this abandonment. Public Works Director Natalie Meeks explained the abandonment was City Council Minutes of April 21, 2015 Page 15 of 26 requested by the property owner in order to renovate and reconstruct a commercial retail center. The value of the City's interest in the alley would be offset by the property owner's additional dedication of street right -of -way along Magnolia, La Palma and Felicidad consistent with the general plan so the city would be able to widen its streets in the future in exchange for an alley that was a detriment to the neighborhood. Council Member Murray thanked staff for working with the property owner and the surrounding residents remarking the abandonment was in the best interests of all. Council Member Murray moved to approve RESOLUTION NO. 2015 -149 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a public alley at 1001 -1021 North Magnolia Avenue extending westerly from Magnolia Avenue to Felicidad Street (Abandonment No. ABA 2014 - 00288); seconded by Mayor Pro Tern Kring. Roll Call Vote: AYES — 4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt). NOES — 0. ABSENT — 1:Mayor Tait. Motion Carried. Mayor Pro Tem Kring requested Item No. 30 be considered prior to Item No. 29, due to the lengthy public hearing anticipated for Item No 29. While the minutes maintain the numerical order of the agenda items, for the record, action on Item No. 30 was considered prior to Item No. 29. 29. MITGATED NEGATIVE DECLARATION C350 GENERAL PLAN AMENDMENT NO. 2014 -00497 C280, RECLASSIFICATION NO. 2014 -00272 0220, TENTATIVE TRACT MAP NO. 17819 C250 CONDITIONAL USE PERMIT NO. 2014 -05769 VARIANCE NO. 2015 -05004 (DEV2014- 00033) APPLICANT: McEb, LLC, 2390 East Orangewood Avenue, Anaheim, CA 92806 LOCATION: 2848 and 2901 - 2905 East South Street The following land use entitlements are requested to permit the development of a 20- unit small -lot single family residential project: Amend the General Plan land use designation for a portion of the subject properties from Open Space and Parks to Low Density Residential; reclassify the subject properties from RS -3 (Single Family Residential) and T (Transition) Zones to the RS -4 (Single Family Residential) Zone; a conditional use permit to allow a small -lot single - family residential development with modified development standards; and, a variance to allow (i) driveway lengths less than required by the Zoning Code and (ii) a deviation from the City's private street standard pertaining to parkway widths. Environmental Determination: The City Council will consider whether a Mitigated 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 as follows: Conditional Use Permit No. 2014 -05769 and Variance No. 2015 -05004 (DEV2014- 00033) - Condition No.7, modified; Condition No.42 and 43, added; all relating to biological mitigation. Added condition of approval stipulating that the CC &Rs include language requiring residents to park in their garages. (Resolution No. PC2015 -025, PC2015 -026, PC2015 -027, PC2015 -028) City Council Minutes of April 21, 2015 Page 16 of 26 VOTE: 6 -0 Chairman Seymour and Commissioners Bostwick, Caldwell, Dalati, Lieberman and Ramirez voted yes. Commissioner Agarwal was absent. (Planning Commission Meeting of March 23, 2015). RESOLUTION NO. 2015 -150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting a Mitigated Negative Declaration for proposed General Plan Amendment No. 2014 - 00497, Reclassification No. 2014 - 00272, Conditional Use Permit No. 2014 - 05769, Variance No. 2015 -05004 and Tentative Tract Map No. 17819, and making certain findings in connection therewith (DEV2014- 00033) (2848 and 2901 - 2905 East South Street). RESOLUTION NO. 2015 -151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2014 -00497 and making certain findings in connection therewith (DEV2014- 00033) (2848 and 2901 - 2905 East South Street). ORDINANCE NO. 6326 (INTRODUCTION) AN ORDINANCE 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 - 00272) (DEV2014- 00033). RESOLUTION NO. 2015 -152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2014 -05769 and Variance No. 2015 -05004 and making certain findings in connection therewith (DEV2014- 00033) (2848 and 2901 - 2905 East South Street). RESOLUTION NO. 2015 -153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 17819 and making certain findings in connection therewith (DEV2014- 00033) (2848 and 2901 - 2905 East South Street). City Clerk, Linda Andal announced the public hearing as a quasi - judicial hearing and the public comment time limitations. Mayor Pro Tern Kring disclosed she had met with the developer on a couple of occasions regarding this project and received emails from residents in the area; Council Member Murray indicated she had also received a briefing as well as emails from residents in the area. Council Member Vanderbilt reported he had also received emails from residents in the area but had not met with nor was asked to meet with the developer. Jonathan Borrego, Planning Services Manager, reported this item was a request to permit a 20 unit, small lot single family residential project on South Street and included an amendment to the city's general plan, a zone change, a conditional use permit, a variance and a subdivision map. He indicated the Planning Commission had reviewed this proposal at a March 23r public hearing, and after receiving much public testimony, in favor and in opposition to the project, unanimously recommended Council approval of the requested actions. Mr. Borrego provided the following project details: The 3.4 acre project site was located at the eastern end of South Street, adjacent to the Santa Ana River, currently undeveloped except for two water pump houses operated by Orange County Water District which would remain. Surrounding land uses included single family residents to the north and west, apartments to the northwest and the Santa Ana River including the Anaheim Coves Trail to the south and east. City Council Minutes of April 21, 2015 Page 17 of 26 • The site was designated for low density residential, open space and park land uses for the city's general plan, intended to reflect the Santa Ana River's use as both a passive and active recreational amenity. To accommodate the proposed development, Mr. Borrego explained the applicant requested a general plan amendment to redesignate most of the site to low density residential, however, a small portion would continue as open space. Low density residential would allow for development of detached single family homes at a maximum density of 6.5 units to the acre, however, he pointed out, the proposed project reflected a density of 6.4 units per acre, just below the maximum allowed by the general plan. He added the northern portion of the project site was zoned single family residential (RS3) while the southern portion was zoned transitional and the applicant requested rezoning the entire project to the single family RS4 zone, a designation generally used for small lot, single family development. Mr. Borrego stated the subdivision map included 20 residential lots ranging between 3,400 to 8,100 square feet in size, with 13 homes to be directly accessed from South Street and seven homes fronting a private street at the north east corner of the site. Project details and amenities: • The proposed homes would include four and five bedrooms ranging from 2,200 to 2,745 square feet in size and were designed with varied architectural styles. • The development would include a 7,770 square foot pocket park at the terminus of South Street, accessible to the public but maintained by the newly created homeowners association. • Park amenities would include benches, a drinking fountain and a dog waste dispensary and the park would be planted with native California landscaping designed to complement the landscaping planted on the adjacent Anaheim Coves Park and trail. It would also include a path providing direct public access to the Anaheim Coves trail which bordered the south and east boundaries of the project site. Conditional Use Permit Request In addition to the general plan amendment and zone change, Mr. Borrego explained a conditional use permit (CUP) was required to develop the small lot homes which would allow an additional level of review to insure the project's compatibility with surrounding uses. He added with the RS4 zone a developer could also request modifications to certain development standards through the CUP process and specific to this development, the applicant proposed setback modifications for the rear yard setbacks of two lots that were 12 to 13 feet deep when 15 feet was required by code. He reported staff believed the modification was justified due to the irregular shape of that area of the project site and because the yards would still be deep enough to offer usable outdoor spaces for its residents and were not adjacent to existing single family residences. The Planning Commission concurred with staff's recommendations and recommended approval of the CUP and revised setback to the City Council. Variance Request Mr. Borrego stated the project also included a variance request which would allow shorter driveways than permitted by the zoning code. While the code required a 20 foot long driveway for single family residences, 18 foot long driveways were proposed for nine of the lots. He remarked staff and the Planning Commission considered the request and agreed that the unusual size and shape of the site supported the finding necessary for a variance, adding that 18 feet was consistent with the typical parking space in a commercial parking lot and had been used in other Anaheim communities without negative impacts. In City Council Minutes of April 21, 2015 Page 18 of 26 addition, each home would have a 20 foot deep two -car garage that could accommodate larger vehicles. A modification to Anaheim's private street standards was requested as well for the private street proposed in this development. Mr. Borrego stated the standard required a six foot wide parkway and a four foot wide sidewalk on the east side of the street and as proposed, the east side would have a three foot wide parkway with a four foot wide sidewalk with a landscaped area on the west side to capture water runoff. He noted the city engineer reviewed and recommended approval of this request because of the unique shape of the property and because the street design would still have a safe and attractive pedestrian path of travel to and from the surrounding neighborhood pocket park and trail; findings with which the Planning Commission concurred. CEQA Requirements Mr. Borrego reported this project's potential impact on the environment had been analyzed and a mitigated negative declaration was prepared in compliance with CEQA that included technical studies, air quality, geology and soils, traffic and biological resources. That document was circulated to the various public agencies as well as a notice of availability to the surrounding neighborhoods and comments had been received from the U.S. Fish and Wildlife Service as well as a resident from the adjacent neighborhood both referencing potential biological impacts. He indicated a response was prepared by the applicant's biologist and mitigation measures related to biological resources, air quality, cultural resources, hazardous materials and geology and soils were included in the mitigation monitoring plan and once these measures were implemented, staff believed the project impacts would be reduced to a level considered "less than significant ". He added that during the Commission hearing, several neighbors offered public testimony with those in support indicating they approve of the enhanced access to the Anaheim Coves Trail and the high quality design of the homes. Concerns raised by project opponents related to potential parking and traffic impact with both staff and the Commission concluding the concerns had been thoroughly analyzed and addressed. Concerns had also been expressed related to the condition of the soil and its suitability for development which resulted in the consultant's geotechnical study recommending all unsuitable soil within the project site be excavated and refilled with clean material, compacted prior to construction and that a proposed mitigation monitoring plan included conditions that required the applicant to submit detailed final grading plans and soils reports prior to the issuance of building permits. He noted staff believed the mitigation was adequate to insure safe development of the site with no impact to surrounding areas. Other neighbors expressed concern regarding the removal of large pine trees located along South Street and how this might affect area wildlife and a biological study was conducted with mitigation measures incorporated to protect the wildlife and birds. One neighbor expressed strong opposition to the project because the view from her home would be obstructed. Mr. Borrego pointed out the Commission carefully considered that concern on March 23 but concluded that views were not protected by the City's laws and that the developer took significant steps to reduce the visual impact of the development on the adjacent neighborhood. He added with respect to the potential loss of open space, staff considered the applicant's request to amend the city's General Plan, remarking the Anaheim Coves Trail Improvements were completed and no further park improvements were proposed by the city at this location. Consistent with staff's recommendation, the Planning Commission found the project as designed would serve to enhance public access to the adjacent open space entry by providing a direct trail connection through the project site and determined this project served a public benefit that compensated for the elimination of land currently designated as parks and open City Council Minutes of April 21, 2015 Page 19 of 26 space. He ended the presentation remarking the project had been thoughtfully designed to minimize impacts and concurred with the Planning Commission's recommendation to approve the development and related actions. Mayor Pro Tern Kring opened the public hearing. Greg McCafferty, representing McEb LLC, a McCafferty/Taormina partnership, remarked there had been a significant amount of work done to ensure this site could be developed in a safe and efficient manner, outreaching to neighbors and keeping them informed at key points in the process along the way. He indicated the project had gained and earned the support of neighbors directly contiguous for the site except for the Bartolone residence on Cinda Street, remarking an agreement had not been reached. As a good faith gesture, he did locate the largest lot next to that residence and set it back significantly, pointing out the setbacks of the resident's home were closer to the lot line that the proposed homes would be. He purchased the site in 2014, was adding a mini -park in excess of 7,000 square feet and a trail access instead of the existing access over a dirt embankment to reach the trail, all to be maintained by the developer. He commented the estimated price of the two -story homes would be around $650,000, higher that the resale value in the area and consistent with the neighborhood. He emphasized one -story infill projects did not pencil out economically pointing out he was building a quality development which fit in with the surrounding neighborhoods. Referencing a petition against the project that was submitted, he stated that many of the signatures were not from this area. The following speakers were identified as residents within the noticed project area Randall Barry, a resident of Standish Avenue north of South Street, expressed concern over traffic, stating there could be as many as 200 additional vehicles using South and Standish Street which would have an impact on this quiet cul -de -sac. He opposed the taking away of park and open space and rezoning to residential that would double the density of the current neighborhood. He was also concerned that nine 53 year old pine trees would be removed and disrupt the blue heron and white egrets nesting in those trees. Terry Clausen, Westgate Street, supported the Lakehouse project for offering single family detached homes rather than condominiums or apartments that had once been proposed for the site. He believed the value of his own property would increase and looked forward to easy access to the Coves trail, although he would prefer no street signage pointing to the trailhead be added. Once the development was in place, he further added, the disturbances caused by teens that loitered on the property would end and he urged Council approval of the project. Richard Goodwin, Westgate Street, remarked that what this developer proposed, as compared to earlier attempts at development, he believed was the most compatible with the neighborhoods. He appreciated the way the homes would face on the lots and understood CC &R's would require garages and driveways remain as the primary parking for those homes. He believed the developer had done much to address the concerns of the neighborhood. Robert Miller, S. Cinda Street, remarked his objection was to the development that would occur along South Street, although he was willing to go along with plans for the section on the north part of South Street. His concern was that a number of old grove trees that had been part of the landscape for over 50 years were nesting areas for migratory birds. In addition, the soil instability which could be seen through photographs he hoped the city would display was a City Council Minutes of April 21, 2015 Page 20 of 26 concern as well. Mr. Miller was allowed to continue his remarks when the technological difficulty in his photo presentation was solved. At this point in the hearing, Council Member Brandman remarked that as he was away from his chair at the time ex parte communications were disclosed, he wished to acknowledge that he had received correspondence and had met with various community members and developer advisors on this item. Pat Bartolone, Cinda Street, remarked she had lived at this address since 1966 and when the home was purchased, she was told that the area behind was not suitable for anything except a park, along with others in her neighborhood. She pointed out everyone along South Street to the stop sign and next to the southern section were against the project and signed a 300+ petition to that effect. She believed the site was unsuitable for development, stating a topographic map report of the geological study showed aerial photos from 1938 to the present revealing this area was never more than a sandy riverbed surrounding by orange groves and that the previous owner, Orange County Water District and Mr. McCafferty were aware of the soil conditions. Ms. Bartolone stated she had seen the land change from flat sand into a 180 foot deep sand pit, and had provided photos of severe soil erosion that occurred in the 60's and 70's to the Planning Department to no avail and was now offering that information and photographs to the Council Members. She requested Council reject the recommendation of the Planning Department to rezone the land from open space to residential, or at least postpone any decisions until the full Council was in session. She also pointed out that some of the signatures on the petition were signed by trail users, who worked in the area and used the trail during breaks. Kimberly Keyes speaking on behalf of the Lakehouse project, remarked she had lived on Westgate drive for over 30 years, noting that seven of the proposed homes would be located directly behind her home. She stated that after OCWD designated the property as surplus, she was concerned about any development, especially worried about losing the privacy she had enjoyed for years. She believed this developer had come to the community with a plan respectful of the neighborhood and would maintain the integrity of the existing community. She emphasized the developer had worked closely with the residents, making it clear they wanted the community's support and she was looking forward to the improvements and increased property values that the Lakehouse project would provide. Mr. Miller resumed his presentation, showing a photo of the Burris Basin looking west with a cliff side drop close to the fence line, another photo of the shear drop with the Bartolone house, a photo of the row of pine trees that would have to be cut to complete the development, along with various other perspective views that highlighted his concerns. He recommended the city get additional geological input because he believed the soil condition warranted more study. Timothy Williams, Standish Avenue, remarked that he also supported development on the northside of South Street, but that too many homes were being packed into the area south of South Street. He urged Council to visit the site and envision whether 20 homes would fit on that site, emphasizing that a slight reduction in the number of homes would make a difference to the neighborhood. The following speakers were outside of the noticed project area (3 minutes): William Fitzgerald opposed the development, stating the petition had nine valid points that should be considered. City Council Minutes of April 21, 2015 Page 21 of 26 An unidentified speaker opposed the project for the following reasons: 1) when the Cove Trail was constructed, the South Street entrance was not considered suitable for a parking lot for the trail, 2) typically homes with 4 to 5 bedrooms required more than two vehicles; and 3) how would no parking on the street be enforced. He requested Council delay the vote and consider the matter when the full Council was in session. Theresa Anderson remarked she had not been aware of this project until recently and when the Anaheim Coves trail was constructed she was concerned it would bring in increased traffic. She also had serious concerns regarding the trees on South Street that had been there for over 50 years. She believed this was too dense a development and that they did resemble existing homes and would have a fair amount of traffic impact in the area. She believed Anaheim Coves was originally created to be a habitat for preservation of the killdeer birds, egrets and other migratory birds and that this development would disrupt their nesting cycles. Greg McCafferty remarked the issue of suitability of the site for development was a fallacy and city staff had their own geologist review his geologist's report and concurred with the recommendations of the soil study that stated with appropriate grading and mitigation for the foundations, development could go forward. As he was unable to come to an agreement with Ms. Bartolone, he focused on the neighboring community and their concerns. He added the development did not warrant a traffic study but one was conducted because of the change in the general plan to adjust the assumptions in the city's traffic model. He pointed out the study showed a .10 delay in the stop sign, and traffic would not be an issue. Regarding the trees, he would comply with the Migratory Bird Act and would not remove the trees during nesting season. He pointed out the development would have two garage spaces and two driveway spaces, enough for four vehicles, so parking would not be an issue either. He would also widen South Street to its maximum right -of -way to be consistent with the rest of the neighborhood with 23 trees planted, sidewalks and parkways to meet city standards. Mayor Pro Tern Kring closed the public hearing. Mayor Pro Tern Kring wondered if any of the 50+ trees could be moved to another location with Mr. McCafferty remarking that when grading began, the root systems would be cut and the trees could not be saved, however, he intended to plant 23 trees and native plantings in the new pocket park along with vines along the Cove Trail. Council Member Brandman requested locations for the 23 threes with Mr. McCafferty stating each of the front areas of the yard would have trees and to the extent possible, he would work with the Parks Division on other locations. For the pocket park, he believed they were California Oaks and if there was more room for trees, he would add them. Regarding parking, Mr. Brandman asked if there was a restriction on the curbs abutting the homes with staff responding it did not prohibit anyone from parking on the street but restricted homeowners from cluttering their garages and requiring they be used for the primary intended purpose. Council Member Vanderbilt announced he briefly met with Mr. McCafferty this afternoon for five minutes but did not have a chance to ask questions. He inquired if there had been other development proposals for this site with Mr. Borrego remarking various proposals had been brought forward on both pieces of land. From staff's perspective he believed this was a superior design to what had been entitled before, although those entitlements expired a number of years ago. He added that over the course of the years staff talked to other developers about the property including the piece on the south end and while nothing formally City Council Minutes of April 21, 2015 Page 22 of 26 was filed; other concepts did include a product at higher density as well. Mr. Vanderbilt asked if the petition submitted was valid with Mr. Houston responding a petition had no legal weight regardless of where those that signed the petition resided. Mr. Vanderbilt then asked if there was any inclination for council to continue the item as requested; no formal motion was offered. Council Member Murray reported she had toured the area because she wanted to see it from a residential perspective, adding that clearly there were streets in that area that needed paving. She hoped this community was part of the paving plan recently adopted for some of the Anaheim's older neighborhoods. Referencing parks and open spaces, she stated there was a huge commitment by the city to capture open space for park uses and the workshop held earlier today provided details on those plans. Voicing her support of this project, she offered the following comments: 1) the vast majority of homeowners in this area were supportive of the developer, appreciative of the time and effort the developer put into outreach; 2) the city also had an obligation to build quality and affordable housing to accommodate Anaheim's growing population; 3) the Planning Commission unanimously approved the project having put time and resources into reviewing materials before a decision was made; 4) the current Planning Commissioners were not seated when Mr. McCafferty was on staff, some time ago, and there was no pre- existing relationship; and 5) the developer included a pocket park and agreed to widening the street and other infrastructure along with the development. Mayor Pro Tern Kring voiced her support as well, remarking 50,000 new homes were needed in the county within the next ten years to accommodate the job force, and this development would produce quality homes for this neighborhood. Council Member Brandman stated he had listened and understood the concerns raised and had also visited the site a number of times and recognized the difficulty neighbors had in seeing vacant parcels developed nearby. He assured the public this would be a quality project when completed and believed it would be a benefit to the neighborhood in the long run. Council Member Vanderbilt explained he tried to be as critical as possible on behalf of the people affected by the project, adding that clearly the majority of people most impacted were supportive. It appeared the property had been available and for sale for some time and that other development had been considered with higher density numbers but he believed this development was consistent with the general plan for this area and that much consideration had been given to the community on the part of the developer to mitigate any concerns. He was supportive of the project for those reasons. Council Member Murray then moved to approve: RESOLUTION NO. 2015 -150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting a Mitigated Negative Declaration for proposed General Plan Amendment No. 2014 - 00497, Reclassification No. 2014 - 00272, Conditional Use Permit No. 2014 - 05769, Variance No. 2015 -05004 and Tentative Tract Map No. 17819, and making certain findings in connection therewith (DEV2014- 00033) (2848 and 2901 - 2905 East South Street); and to approve • RESOLUTION NO. 2015 -151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2014 -00497 and making certain findings in connection therewith (DEV2014- 00033) (2848 and 2901 - 2905 East South Street); and to introduce City Council Minutes of April 21, 2015 Page 23 of 26 • ORDINANCE NO. 6326 AN ORDINANCE 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 - 00272) (DEV2014- 00033); and to approve • RESOLUTION NO. 2015 -152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2014 -05769 and Variance No. 2015 -05004 and making certain findings in connection therewith (DEV2014- 00033) (2848 and 2901 - 2905 East South Street); and to approve • RESOLUTION NO. 2015 -153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 17819 and making certain findings in connection therewith (DEV2014- 00033) (2848 and 2901 - 2905 East South Street), seconded by Mayor Pro Tern Kring Roll Call Vote: AYES — 4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt.) NOES — 0. ABSENT — 1: Mayor Tait. Motion Carried. 30. MITGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT NO 2014 -00498 C350, RECLASSIFICATION NO. 2014 -00274 0410, VARIANCE NO. 2015 -04992 C280, (DEV2014- 00126) 0250 APPLICANT: Shari Cipolla, The Assistance League of Anaheim, 10537 Santa Monica Boulevard, Suite 250, Los Angeles, CA 90025 AGENT: Sheldon Anderson, MSC -DV Anaheim, LLC, 1104 Corporate Way, Sacramento, CA 95831 LOCATION: 1341 West La Palma Avenue. Request for: (1) a General Plan Amendment to redesignate the property from the Institutional to the Office -Low land use designation; (2) a Reclassification to rezone the property from the RM -4 (Multiple Family Residential) zone to the O -L (Low Intensity Office) zone; and (3) A Variance to allow fewer parking spaces than required by the Zoning Code to construct a two -story medical office building. 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: (1) a General Plan Amendment to redesignate the property from the Institutional to the Office -Low land use designation; (2) a Reclassification to rezone the property from the RM -4 (Multiple Family Residential) zone to the O -L (Low Intensity Office) zone; and (3) a Variance to allow fewer parking spaces than required by the Zoning Code to construct a two -story medical office building. (Resolution Nos. PC2015 -021, PC2015 -022, PC2015 -023). VOTE: 7 -0 Chairman Seymour and Commissioners Agarwal, Bostwick, Caldwell, Dalati, Lieberman and Ramirez voted yes. (Planning Commission Meeting of March 23, 2015). RESOLUTION NO. 2015 -154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting a Mitigated Negative Declaration for proposed General Plan Amendment No. 2014 - 00498, Reclassification No. 2014 -00274 and Variance No. 2014 -04992 and making certain findings in connection therewith (DEV2014- 00126) (1341 West La Palma Avenue). City Council Minutes of April 21, 2015 Page 24 of 26 RESOLUTION NO. 2015 -155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2014 -00498 and making certain findings in connection therewith (DEV2014- 00126) (1341 West La Palma Avenue). ORDINANCE NO. 6327 (INTRODUCTION) AN ORDINANCE 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 - 00274) (DEV2014- 00126). RESOLUTION NO. 2015 -156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Variance No. 2014 -04992 and making certain findings in connection therewith (DEV2014- 00126) (1341 West La Palma Avenue). City Clerk, Linda Andal announced the public hearing as a quasi-judicial hearing and the public comment time limitations. Jonathan Borrego, Planning Manager, reported this request was related to a proposed development of a two -story medical office building at 1341 W. La Palma Avenue adjacent to the Anaheim Regional Medical Center adding the requested zoning actions included an amendment of the General Plan, a zone change and a parking variance. He indicated this 36,000 square foot property contained a thrift store on site surrounding by single family homes to the north, west and south and the medical center to the east. The Planning Commission had reviewed the proposal at a public hearing held on March 23 and unanimously recommended Council approval. Project Details: • The applicant would demolish the existing thrift store building and construct a two -story, 14,000 square foot medical office building, accessed by one driveway along La Palma Avenue; • New eight foot high block walls would be constructed along the north and west property lines adjacent to the single family homes; • Except for parking, the proposed development met all applicable zoning standards including those related to height, building setbacks and the provision of on -site landscaping; • The medical office building would be occupied by a kidney dialysis clinic with 37 dialysis stations, exam rooms, offices and laboratories; • The existing dialysis clinic was now located in the adjacent hospital and the applicant would relocate the facility to this site and continue to treat patients from the hospital. • Typical hours of operation would be 8:00 AM — 5:00 PM, Monday — Friday. General Plan Amendment Mr. Borrego indicated a general plan amendment was required to construct the medical office building and the applicant wished to redesignate the property from institutional to low intensify office to allow for office development of up to three stories in height. He indicated the development as proposed would be a significant reduction than what could otherwise be built on the site under the existing general plan designation. The applicant also proposed to rezone the property from RM4 or multiple family residential to low intensity office, consistent with the requested general plan designation. He explained this requested zone would allow low rise office uses compatible with the adjacent hospital site and residential neighborhood. Variance While the medical building was allowed by right under the requested zoning, Mr. Borrego stated the applicant requested a parking variance as the zoning code required 85 City Council Minutes of April 21, 2015 Page 25 of 26 parking spaces while 56 were being proposed. A parking study was prepared by a licensed traffic engineer and submitted to justify the requested variance. Parking counts taken on two business days at a similar dialysis clinic took into account patients and employees and determined there should be 1.17 patients per station. Since 37 stations were proposed for this facility, the parking demand reflected 43 spaces, and staff, believed that the 56 spaces being provided was adequate and supported the variance request. CEQA A negative declaration and initial study was prepared in accordance with CEQA to evaluate the potential environmental impacts of the project and concluded there would be no significant environmental impacts with no public comments received during the 20 day public review period. Mr. Borrego remarked the Planning Commission supported the development project and the requested actions and recommended approval to the City Council. Mayor Pro Tern Kring opened the public hearing for comments Jamie Noel Miller, the architect representing Market Street Development, thanked staff for their thorough report, adding that most of the clients were dropped off at the clinic, stayed for treatment between three to four hours and did not generate much traffic. William Fitzgerald spoke against this project citing spillover parking concerns related to Anaheim Memorial Hospital. Council Member Vanderbilt asked if there was an opportunity for shared parking between the two parking lots with Mr. Borrego responding that at this point in time, a shared agreement was not being recommended, however, it was something that could be considered in the future if needed. Council Member Murray moved to approve the following: • RESOLUTION NO. 2015 -154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting a Mitigated Negative Declaration for proposed General Plan Amendment No. 2014 - 00498, Reclassification No. 2014 -00274 and Variance No. 2014 -04992 and making certain findings in connection therewith (DEV2014- 00126) (1341 West La Palma Avenue); and • RESOLUTION NO. 2015 -155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2014 -00498 and making certain findings in connection therewith (DEV2014- 00126) (1341 West La Palma Avenue); and to introduce • ORDINANCE NO. 6327 (INTRODUCTION) AN ORDINANCE 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 - 00274) (DEV2014- 00126); and to approve • RESOLUTION NO. 2015 -156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Variance No. 2014 -04992 and making certain findings in connection therewith (DEV2014- 00126) (1341 West La Palma Avenue); seconded by Council member Brandman. AYES — 4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt.) NOES — 0. ABSENT — 1: Mayor Tait. Motion Carried. City Council Minutes of April 21, 2015 Page 26 of 26 REPORT ON CLOSED SESSION ACTIONS: None Council Member Vanderbilt expressed his appreciation to the Muzeo and Anaheim Union High School District foundation for providing the art exhibit for high school students. He had also attended the East Anaheim Neighborhood Council meeting, thanking staff for their efforts. Council Member Murray discussed here attendance at the Boys and Girls Club annual gala, remarking on its success, raising funds to continue serving Anaheim's distressed neighborhoods and highlighted the groundbreaking of the Convention Center's 7 th expansion. She announced the following upcoming events: Dia de El Nino event on April 25th and the Annual Job Fair on June 17 th. Council Member Brandman spoke of the ground breaking of the Anaheim Convention Center and announced the 9 th Annual Free Health Fair scheduled for May 29 - 30. He requested consensus from the City Council for a special meeting on May 5 to consider a funding agreement for a homeless shelter site with council agreeing to call a special meeting for this item, if necessary as determined staff. Mayor Pro Tern Kring commended the collaboration of Public Works and the Orange County Sanitation District to quickly clear a sewage overflow from a manhole. She spoke of the Boys and Girls Club Gala, announced the KaBoom! playground build -out on May 2 " reported on the ground breaking of the Anaheim Convention Center, and spoke about her attendance at the National Association of Black Engineers convention. She congratulated John Machiaverna who succeeded Michael Baker as executive Director of the Boys and Girls Club. ADJOURNMENT With no other business to conduct, the meeting was adjourned at 9:23 P.M. R p tfully submitted, Linda N. Andal, CMC City Clerk