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2014/02/18ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF FEBRUARY 18, 2014 AND THE REGULAR MEETING OF FEBRUARY 18, 2014 The regular meeting of February 18, 2014 was called to order at 3:00 P.M. in the chambers of Anaheim City Hall and adjourned to 4:30 P.M. for lack of a quorum. The regular adjourned meeting of February 18, 2014 was called to order at 4:35 P.M. The meeting notice, agenda and related materials were duly posted on February 14, 2014. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille Kring and Kris Murray. STAFF PRESENT: City Manager Marcie Edwards, City Attorney Michael Houston and City Clerk Linda Andal. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:36 P.M., Council recessed to closed session for consideration of the following items. CLOSED SESSION ITEMS: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Estate of Manuel Diaz et al. v. City of Anaheim, United States District Court, Court Case No. SACV 12 -01897 JVS (RNBx) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Subdivision 54956.8 of the Government Code) Property: 2000 East Gene Autry Way, Anaheim, CA (Angels Stadium of Anaheim) Agency Negotiator: Tom Morton Negotiating Parties: Angels Baseball, LP, City of Anaheim Under Negotiation: Price and Terms of Lease At 5:27 P.M., City Council returned from closed session. Invocation: Father Boules, Saint Verena Coptic Orthodox Church Flag Salute: Council Member Lucille Kring Presentations: Proclaiming Anaheim as a Purple Heart city Mayor Tait introduced members of the Veterans Working Group promoting Purple Heart City designation to honor men and women in the armed forces, and also thanked Council Member Eastman for bringing this to the attention of the city. City Council Minutes of February 18, 2014 Page 2 of 17 Acceptance of Other Recognitions (To be presented at a later date): Recognizing the Cypress College Foundation Men of the Year, Distinguished Business Award and President's Distinguished Service Award Recipients Recognizing Inline Distributing Company Scott Bader, Inline Distributing Company thanked the city for recognizing and welcoming Inline to the community, emphasizing his firm cared about customers, employees and the community and would be responsible citizens for the City of Anaheim. ADDITIONS /DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items except public hearing): The City Clerk provided a brief statement on public comment guidelines for speakers. Judith Ann Colette announced the Creative Identity artwork exhibit to be shown at the Muzeo, a program of therapeutic and expressive arts for adults with intellectual and developmental disabilities. She extended invitations to the council and the community to enjoy this program beginning March 1st. Dr. Cynthia Smith and George Gilliam, Executive Director, spoke to the mission and values of the program offered in Anaheim via its school system and the talent that "Transcends Boundaries" for these artists and performers. Rose Tingle extended an invitation for a meeting of importance on February 20 at the headquarters of the Voice of Orange County, a non - partisan investigative agency reporting on many issues in Orange County. This roundtable discussion would speak to the Orange County Animal Shelter facility, a 73 year old building that had since deteriorated with age, which took in about 28,000 animals per year. It served various cities, including the city of Anaheim, and a total population of about 2 million. She remarked complaints to the Board of Supervisors for 17 years yielded no solution for a new shelter, and she hoped Anaheim would send a representative and be part of the discussion. Ron Bengochea, resident, addressed his comments to Item No. 4, stating it was confusing to him and he hoped the vote on whether council members were elected by district or at large was going to be on the ballot for the voters of Anaheim to determine. He had his own opinion on which option would be best for Anaheim and asked council to keep an open mind and listen to the voters. James Robert Reade, resident, addressed various gang members and the increasing gang activity in the city. Michael Baker, Boys and Girls Club, announced the March 22 annual gala fund raiser, urging the Council and community to attend and support the organization. Donna Acevedo, resident, addressed the proposed Public Safety Board, stating that the Anaheim Community Coalition had submitted a plan to the City with specific recommendations. She could not support Item No. 6 remarking she felt it was a waste of time and resources as presented because it lacked power and would be ineffective while giving a false impression of real oversight. City Council Minutes of February 18, 2014 Page 3 of 17 Mary Daniels, resident, remarked while the Public Safety Board plan covered a number of organizational aspects such as budget, staffing, police and fire practices, and certain police incidents it did not explain how the board would address complaints against police officers. She added there were no police complaints on file because the community did not trust the police to follow up on their concerns and were afraid of retaliation and that the outrage over police behavior shown in the past underscored the need to address these types of grievances. Theresa Smith, resident, was concerned about how the members of the Police Safety Board would be selected and whether the process would be transparent. She would like to be part of that process or to see how members were chosen and recommending those members be individuals familiar with the community. Greg Diamond discussed a recent news article about Arte Moreno's meeting with the city of Tustin to discuss the potential of moving Angel's Baseball. Cynthia Ward, resident, also discussed Angels Baseball, remarking the City of Anaheim had now been served with a lawsuit by the Coalition of Anaheim Taxpayers for Economic Responsibility, because of dissatisfaction over negotiations and Arte Moreno's conduct toward the people and the city of Anaheim. An unidentified speaker suggested that Arte Moreno, after entering into a Memorandum of Understanding with the city of Anaheim had shown bad faith in meeting with Tustin to discuss the possibility of moving the Angels team to that city. Addressing the Police Safety Board, he was appreciative of the effort made to put a board in place but felt that nine randomly picked members was not appropriate and that individuals with knowledge and experience was needed. William Fitzgerald, Anaheim HOME, made a number of claims against the city council regarding ties to Disneyland and Angels Baseball negotiations. Council Member Kring rebutted comments made regarding Disney's purchase of its existing property. COUNCIL COMMUNICATIONS: Mayor Tait remarked that from January 21 -24 he attended the U.S. Conference of Mayors receiving airfare and hotel lodging on behalf of the city. CONSENT CALENDAR: Council Member Eastman removed Item No. 4 from the consent calendar, asking for a staff report as a member of the public had some questions on the proposed ordinance. Council Member Kring 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 Eastman. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 1. Receive and file minutes of the Sister City Commission meeting of November 25, 2013 B105 and Public Utilities Board meeting of December 18, 2013. 2. Accept the bids of LineGear Fire & Rescue Equipment, Galls LLC, and GRP2, in an aggregate amount of $246,836 (including sales tax), for uniforms and accessories for the X180 Fire Department, as required, for a one year period with four one -year optional renewals, and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #8111. City Council Minutes of February 18, 2014 Page 4 of 17 3. Rescind the award of contract to Alpha 1 Construction for the Paul Revere Park Project, authorize staff to pursue recovery of the associated bid security, award the contract for AGR -7997 the project to the second lowest responsible bidder, Yakar General Contractors, in the amount of $613,000, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. END OF CONSENT CALENDAR: 4. ORDINANCE NO 6294 (ADOPTION) AN ORDINANCE OF THE CITY OF E127 ANAHEIM amending and restating Chapter 1.25 of the Anaheim Municipal Code to alter iz7 the timeline for the establishment and implementation of residency districts and requirement that City Council Members be from residency districts and elected at large. ORDINANCE NO. 6295 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM establishing regulations pertaining to the authoring and signing of, delegation of, authority to file, and other matters relating to ballot arguments and rebuttal arguments with regard to charter amendment ballot measures submitted to the voters of Anaheim at the November 4, 2014 General Municipal Election requiring City Council Members (but not the Mayor) be residents of and elected by districts and increasing the number of City Council Members from four to six. Michael Houston, City Attorney, reported Council took a variety of actions related to the November 14, 2014 election at the last meeting and now Ordinance Nos. 6294 and 6295 were before council for adoption on the second reading, with one ordinance amending the Municipal Code regarding altering the timeline for the implementation of residency districts that Council approved last July and the other, an uncodified ordinance relating to certain procedural matters and nothing to do with the Charter Amendments proposed by the Charter Review Committee Council Member Eastman remarked she asked for that clarification so no person was left with the impression that single member districts were already decided, adding that issue would be on the ballot for all eligible Anaheim voters to consider. Council Member Eastman then moved to adopt Ordinance No. 6294 and Ordinance No. 6295, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried. E127 5. That the City Council by Resolutions revise Measure 1- Various City Charter Amendments, to remove proposed amendments to Section 1221 (water utility rate transfer to retail rates), repeal and approve various procedural resolutions relating to carrying out the June 3 , 2014 Special Municipal Election with the statewide primary election, and review, direct and /or amend, as deemed necessary, any charter amendments (Measure 2 and 4) that have been previously approved for submission to the electors of the city at the June 3, 2014 special municipal election and reflected in the procedural resolutions. RESOLUTION NO. 2014 -029 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Resolution No. 2014 -022 and ordering the submission of a ballot measure proposing amendments to the City Charter to the electors of said City at the Special Municipal Election to be held in the City in on June 3, 2014 (Measure No. 1 - -- Various City Charter Amendments). City Council Minutes of February 18, 2014 Page 5 of 17 RESOLUTION NO. 2014 -030 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repeal Resolution No. 2014 -024 and ordering the submission of a proposed initiative measure to the electors of said city at the special municipal election to be held in the City on June 3, 2014 (Measure No. 4 — Safe and Sane Fireworks). RESOLUTION NO. 2014 -031 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Resolution No. 2014 -026 and requesting the Board of Supervisors of the County of Orange to consolidate a Special Municipal Election to be held in the City in on June 3, 2014, with the statewide primary election to be held on that date pursuant to Section 10403 of the California Elections Code. RESOLUTION NO. 2014 -032 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Resolution No. 2014 -027 and authorizing members of the City Council to author and file written arguments and setting priorities for filing written arguments regarding city measures to be submitted to the electors of the City at the Special Municipal Election to be held in said City on June 3, 2014, and directing the City Attorney to prepare Impartial Analyses of such measures. RESOLUTION NO. 2014 -033 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Resolution No. 2014 -028 and providing for the filing of rebuttal arguments for city measures submitted to the electors of the City at the Special Municipal Election to be held in said city on June 3, 2014. Paul Emery, Assistant City Manager, reported that at the February 4 th Council meeting, the Charter Review Committee presented 22 proposed amendments to the City's Charter and staff recommended those amendments be grouped into four separate relatable measures and three of the four measures were approved by council and would be placed on the upcoming municipal election to be held June 3, 2014. At the direction of the city attorney, Measure 1 was revised to reflect the removal of Section 1221, utility rates, in order to comply with the requirements of Proposition 218 and general tax measures. These measures, he explained, could only occur when governing body members appeared on a ballot and as proposed in June, there were no governing members proposed on that ballot. The remaining amendments in Measure 1 remained unchanged as staff believed the amendments collectively were related to modernizing and updating the Charter. As a result of the removal of Section 1221, he noted staff had an opportunity to rephrase the ballot language to provide greater clarity to electors of the city while still maintaining the 75 word limit set by the elections code. He outlined the ballot language for Council and the public through a PowerPoint presentation. Council Member Kring stated she wished to discuss fireworks as a separate matter with the city attorney recommending the discussion take place prior to acting on this package because some of the changes could affect the procedural resolutions, in Item No's. 2, 3, 4 and 5. Mayor Tait recommended reviewing and commenting on the measures numerically, beginning with Measure 1. Measure 1 — Various City Charter Amendments Shall the Charter be amended to: modernize and remove outdated language to reflect changes in the City and law; authorize financial documents' availability in electronic format; update matters regarding boards /commissions; allow setting City Manager compensation by agreement, resolution or ordinance; authorize methods for selling municipal property; permit City Council to delegate Treasurer's City Council Minutes of February 18, 2014 Page 6 of 17 appointment/removal to City Manager; allow Treasurer and Finance Director to be the same person upon Council approval? Council Member Brandman remarked as the Council Member who proposed the Charter Review Committee, he was appreciative of the well- managed process and moved to approve the language as presented for Measure 1, seconded by Mayor Pro Tern Murray. DISCUSSION: Mayor Tait discussed the single subject rule related to state initiatives, recognizing that it was not mandated for charter amendments but remarking it should be applied in this case because the way in which a City Treasurer was appointed, which was a substantive change and should not be lumped in with modernizing or updating Charter language. For example, he pointed out, if a voter agreed with all of the other components within Measure 1, except the City Treasurer selection, it would make a yes or no vote confusing. He thought that component along with the 700 and 900 series and section 1222 should be enacted as separate amendments. The sale of municipal property required at least 2 /3 rds of members to negotiate and sell versus having fair market value determined by the purchasing agent in the best interests of the city reflected a form of checks and balances within the charter system and for that reason he would vote against this motion. AMENDED MOTION: Council Member Kring remarked she could agree with Mayor Tait's recommendation and he subsequently offered an amended motion to submit separate ballot measures for proposed charter amendments to Sections 701, 702, 900 series and 1222, seconded by Council Member Kring. DISCUSSION: Council Member Eastman remarked she was not comfortable with the lack of discussion and lack of consultation with staff to support or not support Measure 1 stating she would like more study. Ms. Edwards responded staff was prepared to take each item and discuss why they believed it belonged in the current measure and to be aware of the importance of timing to get these measures on the ballot. Mr. Emery remarked that staff was trying to bring the Charter into alignment with best practices and the appointment of the City Treasurer was not to change the methodology by which a City Treasurer was appointed, it was to give the Council the authority to designate how that appointment was made. Mayor Tait understood the rationale, asking if there was a reason why it should not be enacted as a separate initiative. Ms. Edwards responded that a number of cities were taking this action to provide for the flexibility to address financial aspects separately and that was why it was felt to be a good addition in terms of modernizing. Mr. Emery stated the next issue was the Board and Commissions and the importance of the Public Utility Board to be identified in the Charter, a ministerial action, but appropriate in updating and modernization. The 3 rd piece was regarding the sale of municipal property and to allow the Council to designate and define the mechanisms under which the sale of property could take place. Council Member Eastman remarked she now had the assurance that no powers would be taken away but that Council would have more flexibility in how it operated and would be supportive of Measure 1 as presented. Mayor Tait disagreed remarking the voters should be able to vote on each component of Measure 1. Roll Call Vote on Mayor Tait's amended motion, seconded by Council Member Kring. AYES — 2: (Mayor Tait and Council Member Kring). NOES — 3: (Mayor Pro Tern Murray and Council Members Brandman and Eastman.) Motion Failed. Earlier Council Member Brandman had moved to approve Measure 1 as presented by the adoption of RESOLUTION NO. 2014 -029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Resolution No. 2014 -022 and ordering the submission of a ballot City Council Minutes of February 18, 2014 Page 7 of 17 measure proposing amendments to the City Charter to the electors of said City at the Special Municipal Election to be held in the City in on June 3, 2014 (Measure No. 1 - -- Various City Charter Amendments), seconded by Mayor Pro Tern Murray. Roll Call Vote: AYES — 4: (Mayor Pro Tern Murray and Council Members: Brandman, Eastman and Kring.) NOES — 1: Mayor Tait. Motion Carried. Measure 4 — Safe and Sane Fireworks. Shall Anaheim City Charter Section 1214 be added to permit the sale, possession and use of safe and sane fireworks in the City of Anaheim if such activities comply with restrictions and regulations adopted by City Council ordinance? Council Member Kring remarked there was some concern expressed by members of the Charter Review Committee that they did not feel the use of fireworks was appropriate in the Charter as it was not a form of governance. She discussed the history of allowing safe and sane fireworks in Anaheim and recommended repealing that ban and allowing Council to then regulate the use of fireworks in the city now and in the future. She proposed an amendment to Measure 4 that would remove fireworks from the Charter, ask the voters to repeal the ban in Municipal Code Section 6.50.030 and allow Council to regulate fireworks. Mr. Houston explained that staff had drafted the amended language after a discussion with Council Member Kring, and as a functional matter, it would be the same outcome that would have occurred with the current Measure 4, except it would not be part of the Charter. Council Member Kring's moved was to adopt RESOLUTION NO 2014 -030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Resolution No. 2014 -024 and ordering the submission of a proposed initiative measure to the electors of said city at the special municipal election to be held in the City on June 3, 2014 (Measure No. 4 — Safe and Sane Fireworks), seconded by Mayor Tait. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray). NOES — 0. Motion Carried. The City Clerk announced approval of the remaining three procedural resolutions could be adopted with one vote and would include Measure 4 (Safe and Sane Fireworks) that was just adopted. Council Member Brandman moved to approve RESOLUTION NO. 2014 -031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Resolution No. 2014 -026 and requesting the Board of Supervisors of the County of Orange to consolidate a Special Municipal Election to be held in the City in on June 3, 2014, with the statewide primary election to be held on that date pursuant to Section 10403 of the California Elections Code, and to approve RESOLUTION NO. 2014 -032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Resolution No. 2014 -027 and authorizing members of the City Council to author and file written arguments and setting priorities for filing written arguments regarding city measures to be submitted to the electors of the City at the Special Municipal Election to be held in said City on June 3, 2014, and directing the City Attorney to prepare Impartial Analyses of such measures, and to approve RESOLUTION NO. -033 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Resolution No. 2014 -028 and providing for the filing of rebuttal arguments for city measures submitted to the electors of the City at the Special Municipal Election to be held in said city on June 3, 2014, seconded by Mayor Pro Tern Murray. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) NOES — 0. Motion Carried. City Council Minutes of February 18, 2014 Page 8 of 17 6. Public Safety Board update. D116 City Manager Marcie Edwards remarked this item was an informational report on the pilot Public Safety Board (PSB) and introduced Joseph Brann, an independent expert on integrated community policing, including crime reduction strategies, adoption of effective policies and problem solving measures for many cities nationally. Ms. Edwards pointed out Anaheim had a number of boards and commissions where the community provided reviews, recommendations or input on a variety of city services and as public safety accounted for nearly two - thirds of the city's general fund budget, the intent behind the formation of a pilot program was to gain the public's assistance in defining preferences for fire and police services and to better understand and integrate the public performance expectations into the goals of these agencies. She added that her support of this concept came from the many years of success as an administrator with the Public Utility Board, an entity that was key in developing strategies and approaches to best serve Anaheim. She indicated that board's input was and continued to be a critical part of the Utility Department's understanding of what the public they served, wanted, and needed. In developing this pilot program, Mr. Brann remarked it was apparent to him through the course of 45 years in active policing and public safety consulting, that there was no single answer or best approach model to fit all communities and the goal was to ensure everyone was committed to designing and implementing a model that worked with the stakeholders or community members themselves, along with police and fire personnel. He was supportive of Anaheim's program with the objective of finding a solution that fits this city and saw it as an evolving process where there was an opportunity to refine and adapt as the process moved forward. He indicated the pilot Board was intended to incorporate Anaheim residents and have them work directly with the city manager in reviewing items such as fire and police budgets, staffing levels, service delivery mechanisms, fire and police practices and certain critical incidents, including officer - involved shootings and use of force. He added the PSB would be involved in reviewing both Fire and Police Departments and emphasized while most earlier programs focused exclusively on police, the reality was the differing types of needs including looking at broader public safety policy issues, how dollars were spent, and whether the right strategies were in place and resources were deployed, all matters that could and should be addressed with community input at the table. Ms. Edwards remarked the recommended approach was a blended one, involving community members, drawing on the expertise of a professional independent external auditor with extensive experience in the examination of public safety and would allow for flexibility to easily make adjustments. There would be nine members drawn from four neighborhood council areas and a lottery approach was being used to provide an independent or transparent mechanism in selecting members. She emphasized it was challenging to satisfy all parties with this program and one of the reasons she recommended a pilot format was to use this group to help define many of the elements on which a variety of opinions were already offered. She added other criteria could have been used, such as industry experts or a panel of retired judges to select the members but that the lottery was chosen because staff was trying to signal independence and transparency. Some of the potential benefits of the PSB were designed to increase transparency, community engagement, and the delivery of public safety. By including residents and the external auditor, recommendations on a variety of public service practices to help promote further accountability, improve transparency, and delivery of service, should result in problem solving strategies through community engagement and an exchange of ideas. The PSB would also have access to an independent external auditor with extensive experience with public safety matters with other cities and agencies. City Council Minutes of February 18, 2014 Page 9 of 17 Under the pilot program, Ms. Edwards stated, staff would be recommending the scope of the external auditor be expanded to allow for real time monitoring of critical incidents, including officer involved shootings, use of force, and in custody deaths. In addition, the external auditor was an independent entity that would work under the City Manager's Office to monitor on -going administrative Investigations, provide public reports that may include recommendations on practices, procedures, training equipment, and potential other aspects to assist public safety personnel. Lylyana Bogdanovich, Senior Administrative Analyst, summarized the research efforts and analysis of various public safety review models pointing out the name or title did not necessarily reflect an accurate role or understanding of the board's duties and responsibilities. Research revealed that in California, boards that actually had investigative powers, used professionally trained independent investigators or internal affairs officers to conduct investigations and in reality, those boards were not authorized nor equipped to conduct criminal investigations in California; that was up to the District Attorney's Office or the Attorney General in making a determination of criminal culpability; citizen -based boards did not and could not conduct criminal investigations in California. Related to subpoena powers, while some bodies had been granted subpoena power, the practicality was that if the person subpoenaed did not voluntarily comply there were no practical means of enforcement and those boards who did have that power as part of their bylaws, did not use it for this reason. Ms. Edwards added that staff was not precluding the use of subpoena power, just pointing out the balance of similar agencies did not use that tool partly because state law made it impractical and there was no means of enforcing it. Ms. Bogdanovich reported that due to California laws, autonomous access to police personnel files and investigations was not provided to civilians; rather it was given to independent investigators or professional staff that reviewed public safety investigations. Regarding the review process, she noted professional groups and review boards all provided a form of public safety review by accessing or monitoring completed internal administrative investigations for fairness and completeness and through that process, the majority of California boards could make policy recommendations. Ultimately, she stated, citizen -based public safety boards could play a large role in improving the quality of life in the community as well as improving transparency. Research also revealed the majority of boards brought value to the role of reviewing public safety by developing recommendations, providing annual reports and conducting community outreach. Ms. Edwards indicated the next step in the establishment of the Public Safety Board was to make applications available sometime in March for 30 days or more depending upon the numbers of applications receive and to have members selected by the summer for the start of mandatory training. She heard comments from the community that this program did not go far enough, that police organizations felt it went too far and while neither side was happy, she felt this was the right place to begin, and would allow a group of residents to get engaged and involved to the extent they could help formulate ideas. Council Member Eastman was supportive of a pilot program to determine best practices and to come up with a program that fit the City. Council Member Kring asked what the cost would involve with Ms. Edwards stated she was recommending enhancement of the role of the external auditor regardless of the development of the associated Police Safety Board and therefore, the cost reflected the administration of organization of the Board and providing additional feedback. She was supportive of the lottery selection for members, remarking two members from each council district should offer a good cross section of the community. Council City Council Minutes of February 18, 2014 Page 10 of 17 Member Brandman was appreciative of the thoughtful approach and looked forward to seeing what the pilot program brought back to Council. Ms. Edwards remarked she had several discussions with staff who understood the criticality of continuing this effort and they had been working with the Police Chief who was a proponent of reaching out and involving the community, adding that even with her potential departure, she believed the program would move forward. Mayor Pro Tern Murray asked how a broader pool of applicants would be ensured with Ms. Bogdanovich outlining the various processes being utilized. Mayor Tait remarked he was supportive of the program believing it struck a good balance. PUBLIC HEARINGS: 7. VARIANCE NO. 2009 -04795 if Variance upheld, consider: C250 CONDITIONAL USE PERMIT NO. 3414 CONDITIONAL USE PERMIT NO. 2008 -05372 CONDITIONAL USE PERMIT NO. 2008- 05372A CONDITIONAL USE PERMIT NO. 3414 VARIANCE NO. 2009 -04795 CEQA CATEGORICAL EXEMPTION - CLASS 1: OWNER: Daniel Akarakian, 7343 Trask Avenue, Playa Del Rey, CA 90293 AGENT: Ware Malcomb, Ware Malcomb, 10 Edelman, Irvine, CA 92618 LOCATION: 5635 East La Palma Avenue To reconsider the findings for Variance No. 200 -04795 related to Conditional Use Permit No. 2008- 05372A and Variance No. 2012- 04917, which authorized the proposed construction of an approximately 3,900 square foot drive - through restaurant in conjunction with a 4,875 square foot retail building with fewer parking spaces than required by the Zoning Code and the installation of sign cabinets on an existing legal non - conforming freestanding sign at the subject property. ACTION TAKEN BY THE PLANNING COMMISSION: History of Planning Commission Actions: Planning Commission Meeting of January 13, 2014: Commission found and determined that previous findings to support the originally approved Variance did not exist and therefore denied Conditional Use Permit Nos. 3414, 2008- 05372, 2008- 05372A, and Variance No. 2009 -04795 (AYES: Bostwick, Caldwell, Persaud and Seymour; NOES Ramirez, Agarwal and Lieberman). Planning Commission meeting of January 27, 2014: Commission was unable to reach a majority decision on the resolution to revoke Variance No. 2009 -04795 by a 3 -3 vote AYES: Bostwick, Caldwell and Persaud; NOES: Ramirez, Lieberman and Agarwal; ABSENT: Seymour). The City Council will determine whether the action is within that class of projects which consist of the construction and location of limited numbers of new, small facilities or structures and is, therefore, categorically exempt from the provisions of the California Environmental Quality Act pursuant to Section 15303 of Title 14 of the California Code of Regulations. RESOLUTION NO. 2014 -034 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving (1) modifications of the conditions of approval of Conditional Use Permit No. 3414 related to a theater complex located at 5635 East La City Council Minutes of February 18, 2014 Page 11 of 17 Palma Avenue, and (2) the addition of new conditions of approval for Conditional Use Permit No. 2008 - 05372, Conditional Use Permit No. 2008- 05372A and Variance No. 2009 -04795 related to a proposed commercial retail center located at 5635 East La Palma Avenue. Mayor Tait declared his firm had worked with the architect in this matter and passed the gavel to Mayor Pro Tern Murray, leaving the dais at 7:31 P.M. Sheri Vander Dussen, Planning Director, explained this item was to reconsider the findings for a parking variance for a new McDonald's drive -thru and commercial building at the Cinema City site on La Palma Avenue. She provided a detailed report on the background and history of this proposed project. In 2009, the city approved a conditional use permit for a new 10,000 square foot building that included retail /restaurant space with an additional 1,500 square foot outdoor dining area. The approval gave a reduction in the number of parking spaces required by code and mandated improvements to the parking structure and pedestrian walkways to promote use of the structure. Ms., Vander Dussen noted that although approved, this project was never built and in January 2013, the Planning Commission approved an amendment to this permit modifying the project and permitting the construction of a McDonald's drive -thru restaurant as well as a 4,875 square foot of commercial building and outdoor dining area. Imperial Promenade Shopping Center, the adjacent landowner appealed the Commission's decision, with Council subsequently upholding the Commission's action. A subsequent request for a rehearing was denied with Council directing the Commission to reconsider the findings for the parking variance granted along with the 2009 project and 2013 approvals. Specifically, the Commission was directed to reconsider the result of the loss of 49 parking spaces at the adjacent bank property originally intended to be available for use when the parking variance was approved. Ms. Vander Dussen remarked that normally Council only considered appeals of land use decisions made by the Commission but in reviewing the parking variance, the Planning Commission considered the findings and voted 3:3 on December 16, 2013. With this tie vote the request was automatically scheduled for the next meeting on January 13, 2014 by a 4:3 vote and the Commission determining that the findings for the parking variance no longer existed, but that those actions could not be considered final until it adopted a resolution containing the findings to support its action. The resolution for the denial of the parking variance was then scheduled for January 27, 2014 and at this meeting the Planning Commission could not reach a final decision due to another 3:3 tie vote. Following rules and procedures, the matter now ended up before Council without action or a recommendation by the Planning Commission. PARKING VARIANCE: Ms. Vander Dussen explained the Cinema City site was built with a 1,795 seat multi- screen movie theater, 396 surface parking spaces and a 190 -space parking structure. To the east was the Imperial Promenade commercial center which had a variety of restaurants and retail shops and shared access with Cinema City from La Palma Avenue. The proposed project and existing theater required 662 parking spaces; however, only 456 parking spaces could be provided on -site after construction of the proposed buildings. She noted the permit for the most recent theatre expansion, approved in 1992, included three conditions of approval pertaining to the required parking, requiring that the theater must provide 80% of the Code required parking spaces; that any parking agreements for off -site parking must be reviewed and approved by staff; and, that follow up inspections by Code Enforcement and a status report to the Planning Commission must occur six months after the approval of the permit. As part of the parking variance being considered tonight, the applicant requested that the three conditions of approval be deleted from the original permit since the theatre operator City Council Minutes of February 18, 2014 Page 12 of 17 wished to provide less than 80% of the Code requirement and was no longer proposing to provide off -site parking spaces on the adjacent bank property. She also indicated the Code required a minimum of 662 parking spaces for all uses on the Cinema City site, including the existing theatre and other proposed uses. The applicant would provide 456 parking spaces, which amounted to 69% of what was required by Code and to support the required findings for the parking variance, the applicant offered a parking study which counted spaces on the property in April, 2013 to determine the current demand for parking at the theater. This study identified that the greatest number of cars parked on the property were 328 at 8 p.m. on a Saturday. The proposed restaurant and retail space would require 85 spaces per the zoning code, so this requirement was added to the observed theater demand for a total anticipated demand of 413 parking spaces. This anticipated demand, she noted, was 43 spaces less than the number of parking spaces that would be provided upon completion of the new project. Additionally, McDonald's and the restaurants in the commercial building would have a crossover of patrons with the theater, so the parking study anticipated further reductions in demand consistent with the Urban Land Institute's Shared Parking publication, which further reduced the demand for parking to 370 spaces. That study, she remarked concluded there would be adequate parking on the site to accommodate existing and proposed uses. Seasonal fluctuations were also considered with the heaviest demand occurring in the summer and holiday months and because the applicant's most recent counts were conducted in April, a slow month for theaters, his parking engineer consider the parking counts from a study prepared for a restaurant expansion at the adjacent Imperial Promenade property. The parking counts for that study were conducted in December, 2011 and included parking spaces on the theater property showing that the greatest number of cars parked on the theater property were 244 at 8 p.m. on a Saturday night, less than the parking demand observed in April. In order to validate the information contained in these studies, Ms. Vander Dussen stated staff visited the theater and Imperial Promenade properties on various occasions to personally assess this demand, on Veteran's Day and Thanksgiving weekend last November. During these visits, staff observed a significant number of parking spaces available on both properties and on the day after Thanksgiving at 8:30 P.M., observed only 65 spaces occupied in the parking structure and 359 spaces occupied on the surface parking lot. On November 18, Veteran's Day, staff visited the site mid -day and observed that the front parking lot was completely full and approximately half of the parking structure was in use. Based on the information included in these studies along with field observations, she indicated staff was confident there would be sufficient parking to support the proposed project. In analyzing future parking demand, one important point to consider was the fact that much of McDonald's business was conducted through its drive - through lane, which did not impact the demand for parking and additionally, the peak business hours of a McDonald's restaurant occurred during the breakfast and lunch hours when theater use was light. When this entitlement was amended by the Planning Commission in January 2013, Ms. Vander Dussen pointed out a condition of approval required the property owner to submit a circulation plan to staff demonstrating how the latest development proposal would address potential traffic and parking congestion on the property. With this proposal, the applicant included way- finding signs to direct vehicles to the front of the theater for drop -off and to the parking structure for long term parking. Projecting signs were also included on the theater building identifying the parking structure location and a digital counter indicating the number of available spaces in the structure. In addition, the applicant planned to improve the pedestrian connection between the City Council Minutes of February 18, 2014 Page 13 of 17 parking structure and theater entrance by installing an illuminated covered walkway along the east side of the building. It was staff's opinion that with all the improvements offered, there would be increased use of the parking structure beyond current levels. Regarding traffic congestion, staff recommended the closure of the first opening on the west side of the entry driveway leading to the theater's front parking lot. This closure would allow cars to move more freely to and from La Palma Avenue without cross - traffic. It would also create a few more parking spaces. She added staff was also recommending that the southbound exit drive to the signal at La Palma Avenue be painted to delineate two lanes, separating turning movements for eastbound and westbound traffic. The last recommendation was for a minimum of 42 parking spaces located within the south parking lot in front of the theater be subject to a maximum 1 -hour time limit; those spaces represented the demand identified in the parking study for the restaurants during typical peak hours for the movie theater and allow dining customers to park near the restaurants while encouraging theater customers to use the parking structure. Ms. Vander Dussen stated the Code required certain finds be made in order to approve a parking variance with staff determining those findings could be made, after careful consideration of the concerns expressed by the Planning Commission and based on the information in the applicant's parking study and staff's field surveys. For this reason, she indicated, the applicant clearly demonstrated there were enough parking spaces available on the property to accommodate the proposed uses Ms. Vander Dussen reported that after the January 27 Planning Commission meeting, a letter was received from an attorney representing the Imperial Promenade property that questioned staff's findings and claimed that the Commission's consideration of this matter did not follow proper procedure. Staff disagreed and provided a copy of the letter and staff's detailed response to the Council. Contrary to one of the claims made, she stated it was not required to make typical variance findings related to a property's size, shape or location when it came to the consideration of parking variances. The first finding was having adequate parking for the proposed uses and the submitted parking studies and staff's field surveys demonstrated this site would have adequate parking spaces to accommodate the proposed uses. The second and third findings addressed the impacts of the variance on adjacent properties and public streets and staff determined there would not be an increased demand for parking spaces upon the public streets or on adjacent properties because there were sufficient number of parking spaces provided on -site and on- street parking was prohibited on the adjacent public streets. The fourth finding addressed traffic congestion and because of the recommended conditions of approval with way- finding signs, it was determined there would not be an increase in traffic congestion because motorists would be clearly directed where to park and an existing congestion point would be corrected by the recommended driveway closure as pointed out earlier. The final finding, she remarked addressed access impacts to streets and adjacent properties and it was found this project would not impede vehicle access to or from adjacent properties or upon the nearby public streets because the flow of traffic to and from the site would be improved upon project completion. Ms. Vander Dussen ended her presentation recommending council determine that the evidence presented showed that all of the conditions for the issuance of a parking variance existed to uphold this variance request. Additionally, she recommended that Conditional Use Permit No. 3414 be modified to delete Conditions Nos. 28, 29 and 30, which were required in connection with the original theater entitlements. Lastly, she pointed out staff received an e-mail from Ms. Cynthia Wolcott requesting modifications to two conditions of approval and if council wished to City Council Minutes of February 18, 2014 Page 14 of 17 consider these conditions, staff was prepared to assist. A copy of a letter from Linscott, Law and Greenspan, dated February 12, addressing the points raised in Ms. Wolcott's February 6 letter was also provided to Council. Procedurally, Ms. Vander Dussen stated, since there was no draft resolution outlining findings to deny the variance, staff would prepare such a resolution based on the hearing this evening and that resolution would then be scheduled for review and adoption at a subsequent meeting on March 4 ", to allow council time to consider all of the recordings and documentation available on this matter. Should the variance be revoked, she noted it would be necessary to revoke the remaining entitlements for the Cinema City property, since there would not be adequate parking to accommodate the existing uses which could be done at the Planning Commission level or by the Planning Director either before the Commission or the City Council. Mayor Pro Tern Murray opened the public hearing for comments. Pete Mitchell, representing Cinema City Theatre, remarked there had been three City Council and two Planning Commission approvals of this project with staff's recommendations in total support for the development each time. He offered an Imperial Promenade leasing advertisement publicizing Cinema City for drawing strong foot traffic for nearby businesses, adding the area was a good place for tenants with a strong daytime population; this ad he remarked was from a neighbor who objected every step of the way for the enhanced development of Cinema City site. He reminded Council that Mr. Akarakian would agree to all the conditions stated in the July 11, 2012 letter, from valet parking to better lighting and signage. He emphasized the parking structure would work when improvements and resources were utilized to attract customers and pointed out that Imperial Promenade had been given a parking variance at 66 percent of their required spaces, while Cinema City Theatre requested a 69 percent variance, adding their application was approved on that basis with less surplus parking than his clients. Addressing McDonald's, Mr. Mitchell remarked it was a drive -thru restaurant that served existing customers and those who might drive by the street, and an appropriate tenant to bring into the site. He added the project meetings and the criteria articulated by staff clearly indicated there was enough parking for the development and looked forward to moving forward to bring vitality to an excellent project. Robert Abbitt, Citibank, remarked the parking space issue for his customers had been resolved. He added that the proposed project was aggressive and provided two quick service restaurants plus a drive -thru along with the building expansion and that the Planning Commission had issues arise in their December /January meetings. He asked if the project went forward, that an on -site parking guard service be required to make sure customers were monitored and use the parking structure rather than nearby parking spaces available at Imperial Promenade center. He asked that the valet proposal be considered and required as well. Britney DeBeikes, Imperial Promenade Shopping Center, remarked that the Planning Commission had a lengthy discussion about the necessary findings to support the parking variance and concluded that the findings could not be made. Specifically, they stated there was a parking problem and the problem would continue until there was evidence the parking structure was used, adding the proposed retail uses would increase the demand and competition for parking on the adjacent center. She added vehicular traffic from those retail uses would also increase traffic congestion and that vehicular ingress to and egress from the Imperial Promenade center would be impeded from the property. Ms. DeBeikes stated she hired an on -foot security guard to approach customers who used their parking spaces for long term parking, adjacent to the Inline stores with the result that nearly 200 cars were towed. She City Council Minutes of February 18, 2014 Page 15 of 17 added Imperial Promenade enjoyed the theater as a neighbor and the synergy that an entertainment center created but objected to the parking demand for the proposed retail uses stating the scope and size of the project was excessive and damaging. She urged Council to uphold the Planning Commission's decision. William Fitzgerald, opposed this development, remarking the parking structure was unsafe and surrounding neighborhoods must pay for special residential permits caused by the City Council reducing the need for parking required by the Municipal Code. With no other comments offered, Mayor Pro Tern Murray closed the public comment portion of the hearing. Council Member Kring disclosed that Mr. Mitchell called to tell her this item was on the Council agenda. She added this was the third or fourth time this development had been reviewed by the City Council and the Planning Commission and that at each and every time, staff supported approval of the development. She would again be voting to approve the variance asking that Imperial Promenade management give them a chance to work out any problems. Council Member Eastman recommended parking standards be reviewed and evaluated for the city in the future with Ms. Vander Dussen remarking the Commission shared a similar concern with staff to consider an update to those standards by the next fiscal year. Council Member Eastman was supportive of the project, stating McDonald's was a good use for the front of the site and she believed the improvements to the parking structure and walkway would improve utilization of the structure, asking staff if there were other suggestions or recommendations to get this project going forward. Ms. Vander Dussen responded that in Attachment 5 of the staff report, the applicant's letter explained some of the measures he would use, such as directional signs, walkway improvements, canopies, decorative lightings, removal of security bars and fencing, new stair enclosures, and upgrading the upper level enclosure to improve natural lighting. Operationally there would be signage installed, maps available inside the lobby indicating parking areas to be used by patrons and secondary exits from the theater, although no valet parking had been offered. Council Member Eastman suggested a prominent sign at each one of the two entrances from Imperial Promenade stating "No Theater Parking" would be helpful, especially with an arrow pointing customers into another direction. Ms. Vander Dussen remarked the Planning Commission could review the operation of the site after a certain period of time once the retail uses were constructed and operating to confirm that the conditions of approval were satisfied and to look at data that might have been submitted indicating theatre customers were parking on the adjacent property, with Council Member Eastman agreeable to that condition being added. Council Member Brandman remarked he had been in contact with representatives of the applicant and of interested parties for this project, stating that this was a better project for the several years it took to come to this point and added his support to the project. Mayor Pro Tern Murray stated she had received communication from the applicants, property owners and other interested parties, remarking she and her family lived close to the promenade and used this center often and she would be supporting staff's recommendations. Mr. Mitchell added the applicant would be happy to add the valet component during the business hours or in the evening, if needed. Mayor Pro Tern Murray wondered how to ensure harmony to patrons of the Imperial Promenade. She expressed concern over towing vehicles. Ms. DeBeikes responded there was signage in specific areas of the Imperial Center which stated "No Cinema Parking" where traffic City Council Minutes of February 18, 2014 Page 16 of 17 needs to remain fluid. She appreciated the suggestion that there should be a measure in place and looked to staff to work on the timeline and hurdles. Mayor Pro Tern Murray remarked that with the traffic and parking adjustments, both centers would be well - served and improved over today's operation. Council Member Eastman reported she had received a text from McDonald's asking if she had any questions and the response of no was given. Council Member Eastman moved to approve RESOLUTION NO. 2014 -034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving (1) modifications of the conditions of approval of Conditional Use Permit No. 3414 related to a theater complex located at 5635 East La Palma Avenue, and (2) the addition of new conditions of approval for Conditional Use Permit No. 2008 - 05372, Conditional Use Permit No. 2008 - 05372A and Variance No. 2009 -04795 related to a proposed commercial retail center located at 5635 East La Palma Avenue, seconded by Council Member Kring. Roll Call Vote: AYES — 4: (Mayor Pro Tern Murray and Council Members: Brandman, Eastman and Kring.) NOES — 0: ABSTENTION — 1: Mayor Tait. Motion Carried. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS: Council Member Eastman spoke of her participation in the homeless count, congratulated Walt Disney Elementary and Albert Schweitzer Elementary as one of Orange County's Best Elementary Schools, and commented on the Angels' negotiations. Council Member Kring spoke of her attendance at a fundraiser for Detective Jeff Tobin who was diagnosed with brain cancer and requested staff look into a water saving initiative for the city. Council Member Brandman spoke of his attendance to Access California's15 Anniversary, congratulated the Utilities Department for their Standard and Poor's AAA rating and announced the Cypress Americana awards dinner where Dr. June Glenn and Iry Pickler will be recognized. Mayor Pro Tern Murray congratulated Dr. June Glenn and Iry Pickler on their recognition. She announced the following upcoming events: Homeless meetings February 19 at the Gordon Hoyt Conference Center and February 20 at the Euclid Branch Library; conception design meeting for Little People Park on February 20 at the Anaheim Central Library, Cash for College workshop on February 20 at Loara High School, graffiti clean -up where volunteers are asked to meet at the Anaheim Central Library on February 22, and the Boys and Girls Gala on March 22. Mayor Pro Tern Murray requested the meeting adjourn in memory of Jim Fregosi, former All -Star player with the Angels and manager of Phillies City Council Minutes of February 18, 2014 Page 17 of 17 ADJOURNMENT: At 9:11 P.M., Mayor Pro Tern Murray adjourned the February 18, 2014 council meeting in memory of Jim Fregosi, former All -Star player with the Angels and manager of the Phillies. Re,spectfully submitted, IV 1 ;T Linda N. Andal, CMC City Clerk