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08/18/2015 ANAHEIM CITY COUNCIL REGULARA D AJOURNED MEETING OF AUGUST 18, 2015 Teleconference Notice: Pursuant to Government Code Section 54953, Subdivision (b), this meeting included teleconference participation by Council Member James Vanderbilt from Sheraton Indianapolis City Centre Hotel, 31, West Ohio Street, Indianapolis, ID 46204, Executive Board Room, 1st Floor. This Notice and Agenda was posted at the teleconference location and Public Comment on the agenda from this address was allowed pursuant to Government Code Section 54954.3 The regular meeting of August 18, 2015 was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned meeting of August 18, 2015 was called to order at 4:03 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda and related materials were duly posted on August 14, 2015. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris Murray. Council Member James Vanderbilt present via teleconference. STAFF PRESENT: City Manager Paul Emery, City Attorney Michael Houston and City Clerk Linda Andal. WORKSHOP: QUALITY RENTAL HOUSING UPDATE David Belmer, Planning Director, introduced Sandra Sagert, Community Preservation Manager, who had implemented the Quality Rental Housing regulations. He added this issue was different than short-term rental housing and staff was aware of the concerns that had been recently raised and was revisiting the ordinance with the idea of bringing back amendments. Mayor Tait remarked he would also like information on what the city could legally do, including implementing a moratorium on short-term rentals, if possible. Sandra Sagert explained the City Council had requested annual updates of the Quality Rental Housing Program and this workshop was the first update after the July 1, 2014 implementation of the program. She noted former Council Member Gail Eastman and Council Member Murray had participated in a ride-a-long with code enforcement staff on a rental property in 2012 and were concerned with the conditions they saw and the owner's non-responsiveness to bringing the property up to code. As a result, the Quality Rental Housing Program was created and adopted in March of 2014 and implemented July of that year. Key components of the program included a self-certification process for good landlords and a systematic approach following the Housing Element with the oldest, most dilapidated structures being in the west and central parts of Anaheim. She advised staff wanted an exemption for the newer structures built within the last 20 years, such as heavy fines for violators failing to make necessary abatement or causing egregious violations and to have an appeal process in place for violators to appeal before a committee comprised of their peers and resident leaders. The program budget was originally adopted with $380,000 to fund three full time code officers along with a one-time funding of$94,000 for purchases of vehicles and other equipment. This fiscal year, she pointed out the budget increased to $420,000 largely due to increased labor costs. Some of the equipment included in the budget was an "Inspection Kit" to help identify violations; i.e. moisture meter to identify water buildup in walls and potentially mold, an outlet meter pen that could identify if an outlet had electricity and assorted batteries, and small tools to assist renters in minor repairs. City Council Minutes of August 18, 2015 Page 2 of 17 The program was broken down into five phases, through a five year program across the city beginning at the far west side of town working easterly. A map showed the five phases, the number of rental properties in the program, and the number of units associated with those properties. She commented the total number of properties at this time was 2,911 with over 40,436 units included in the program; she added that those numbers would increase as structures aged and were no longer exempted. During the implementation period staff worked closely with many stakeholders, such as the California Apartment Association, the OC Apartment Association, the Pacific Association of Realtors, Tenants Together, and the Fair Housing of Orange County. From the otokeh0|dona, a process of best practices was identified as to what property owners should perform for tenants; she added, the process was quick for good landlords to complete and serf-certify. It also allowed staff to identify properties needing inspection and verification of possible substandard living conditions. The process began with a housing packet which included a cover letter explaining the program, its mission and goa|o, and the process by which to comply quickly. There was a 60 day or approximately two month time to return the packet, at which point the property could easily self- certify if the following e|1-certih/ ifthefo||OvviDg criteria was met: 1) the housing packet was at least 90% complete and accurate; 2) there were no validated substandard housing violations on the property in the last 12 months; and 3) the exterior property evaluation passed. Included in the packet was a Best Management Practices Questionnaire which had been revised after receiving feedback from a few property owners and tenant rights groups to reduce the intrusion of occupancy limits and property owner business operations. She pointed out, since these revisions were made, the city had not received any complaints regarding this questionnaire. Lastly and more importantly she stated, were the Declaration of Compliance form and Emergency Contact form. The Declaration of Compliance form was signed by the property owner or their representative certifying that all of their units met the minimum standard of living such as providing hot water, heat, CO2 alarms, etc. The emergency contact form, she exp|oined, had been beneficial in building better relationships with property owners and managers by being able to reach them for any problem that occurred on their property, whether by code enfoPoement, police or fire. She noted staff also wanted to make sure they were able to communicate with all stakeholders and provided all of that information on the city's website through a link for quality rental housing. She added this link not only provided a housing packet for owners but offered frequently asked quesdono, resources for tenants and ovvnena, and direct contact information for the three code enforcement officers assigned to this unit. Accomplishments to date show the program ahead of schedule. In the first year, phase one was completed which consisted of 476 properties (over 10,000 housing units) either self- certifying or having substandard violations abated. The unit was currently working Phase Il which ranged from Gilbert to Euclid moving west to east, consisting of another 498 properties with over 8.600 units reaching some of the older areas of the city. So far, 33 percent of citywide properties or 16,618 units were given housing packets and of those 65 percent or 12,838 units, were self-certified. Five percent of52properties failed and $11.232.68infines and fees were issued to violators with one criminal complaint filed. The encouraging news was that over $200,000 had been invested back into the properties through repairs and upgrades by property owners. Staff had received feedback from both owners and tenants that some improvements had been made even prior to staff inspecting the properties. This first year effort, she pointed out exceeded the mission's goals, invested value back into older residents, built positive relationships between residents and property owners, and |ast|y, improved the living standards in Anaheim. City Council Minutes of August 18, 2015 Page 3 of 17 She showed photos of the single criminal complaint that had been filed on a property located off Stinson, adding that staff would not have been able to inspect this property if not for this program and she hoped to be able to present positive results from this site. Other photos showed examples of the structural damage in aging properties, with staircases missing steps, a deteriorated balcony, broken hand rails, and inside units repaired by duct tape. She added it was particularly rewarding to see an owner fixing a deteriorated garage, replacing garage doors and stucco, and repainting the entire complex. She pointed out that not only were structural improvements being made but the interior living conditions were improved with remodeled kitchens in today's materials, significantly changing the quality of lives for these tenants. She reported on the positive feedback received not only from tenants, but from property owners. The next step would be to complete Phase 2 and begin Phase 3 during this fiscal year: addressing the most needed and aging properties in the city, i.e., the north and central portion of Anaheim. She reported it consisted of over 840 properties equating to 10,000 housing units. Phase 4 would being the following fiscal year in 2016/17 with Phase 5 ahead of schedule to be completed in FY 2017/18. She added the program must be on-going as more structures entered the program, including reevaluating properties in Phase 1. She added staff felt strongly that the mission, goals, and objectives were being reached through the early signs of success. Council Member Murray was pleased to hear this progress report on a program that took more than a year to develop with staff working together with stakeholders to generate a program acceptable to all parties. She acknowledged former Council Member Gail Eastman who was an instrumental part in the development of this program, thanked the code enforcement officers who volunteered for this assignment, and Sandra Sagert, remarking this success was a direct reflection of their work. She added if there was anything Council could do, such as partnering with home improvement stores to help offset cost, or any other idea to help facilitate this program, to let the City Council know. Mayor Pro Tern Kring commented that reducing city fees at the Planning Department counter might be an option to consider, asking staff to look into that. Mayor Tait appreciated the thoughtfulness of this program, and by not adding another layer of regulation,just targeting the badly run properties, was appreciated by him. He mentioned meeting with west Anaheim folks about motel properties, wondering if this program on rental properties could address some of the motel issues. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: William Fitzgerald remarked the closed session related to contracts for police and fire personnel alleging that Council was selling off parkland in order to have revenues to address police and fire salaries. City Clerk, Linda Andal, inquired if there were any public comments to be issued from the teleconference site with Mr. Vanderbilt responding there were none. 1. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Chris Chase, Jason Motsick Name of Employee Organizations: Anaheim Police Association, Anaheim Firefighters Association, Local 2899 City Council Minutes of August 18, 2015 Page 4 of 17 At 5:08 P.VN., City Council returned from closed session and Mayor Tait reconvened the Anaheim City Council meeting. Before moving onto the agendo. Mayor Tait requested a moment of silence in memory of Police Sergeant Todd Kridle. INVOCATION: Nathan Zug, Anaheim Fire Chaplain FLAG SALUTE: Council Member Jordan Brandman PRESENTATIONS: Recognizing Anaheim High School Essay Contest Winners, History Class Teacher and Youth on the Move organizer, Dr. Patricia Adelekan Mayor Tait announced the five winning essay writers and invited Dr. Adelekan to talk about the program. She remarked as Anaheim High School recognized her background and involvement with Dr. Martin Luther King, a teacher requested she speak to her students who were beginning a civil rights class. Over a period of five weeks, which included motivating speakers who addressed civil and human rights, the students were asked to do their own research on who their favorite civil rights and/or human rights person was and write a 700 word essay. Dr. Adelekan was proud of their efforts and of the Youth on the Move nonprofit that helped young people succeed in life with the help of positive community role models. Recognizing Mark Wolfer, Anaheim athlete and participant in the 2015 Special Olympics World Games Mayor Tait remarked a few weeks ago the Special Olympics were in town and as part of that event, the city had the joy and privilege of hosting the Canadian and Senegal national teams, an inspirational time for all involved. He thanked Angels Baseball and Disney for making that event memorable and then recognized Anaheim's own special Olympic athlete who competed in the 400 meter, 200 meter and 4w 100 meter relay, winning medals in all three events. David Armandariz, Special Olympics Regional Dinector, remarked the event was growing at an exponential level and as of today, there were 2,800 participants in Orange County. He thanked Anaheim for their partnership as a host town. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming August 16-22, 2015, as Chef's Appreciation Week ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk, Linda Andal. Cecil Jordan Corkin, Outreach Homeless Ministries, expressed concern about freedom of speech and the ability to speak out and have one's comments heard. William FitzQera|d, Homeowners Maintaining Our Environment, addressed his comments in opposition to Disneyland's daily fireworks display and the negative impacts on the surrounding community. R. Joshua Collins, Homeless Advocates for Christ, remarked information had come from the Department of Justice against criminalizing homelessness and confiscation of personal _- - - --��- City Council Minutes of August 18, 2015 Page 5 of 17 belongings by local government. He urged the creation of safe zones and for the city to be cognizant of the Department of Justice report. Lou Noble remarked he had been attending various meetings regarding the homeless shelter and had listened to the debate that occurred. He added that every time a shelter facility was proposed, the adjacent community spoke out against it using fear tactics. He pointed to a successful shelter in Irvine that caused no problems and was successful in returning the homeless to society. He stressed that Anaheim needed this shelter to prevent and end homelessness. Paul Hyek remarked he was one of the homeless that wanted a shelter and an opportunity to vxorh, get off the street and put his life together. He remarked there were many homeless individuals that had trades and could do much of the work themselves, needing only supplies and an opportunity. As a manager of one of these ahe|ters, he suggested using the talents of the homeless and constructing the shelter on a budget. Mayor Tait appreciated the comments and found the concept of interest. Dave Wen remarked on the lack of communication he as a homeowner received about the proposed homeless shelter on Kraemer Place. He concurred with the timing and the project but expressed real concern about the location because he believed placing a homeless shelter would negatively impact the surrounding residents and businesses. Chris Vance, Piano Empire mtoreoxvnor, remarked his business would be located directly across from the proposed homeless shelter and he believed it would directly impact his store that offered high-end luxury musical products to the community. He added all those within his industry believed his business would and in a slow death and while the city's intention was adrnirob|e, he believed it would harm the businesses and residents in that area and urged the city rescind its support. Marian Ampanan, reeident, expressed her concerns for the proposed homeless shelter on Kraemer Place. She was concerned with the safety of her family, neighbors, and the children walking to and from Rio Vista Elementary school and Valencia High. She spoke to the recent murder of several women by two transients staying in the area of Blue Gum and pointed out that in 2013, the Anaheim Police Department responded to an average of 503 homeless related calls for service each mnnnth, most of which were public nuisance or disturbance related. She added the police department started a program with a homeless outreach team that supposedly reduced their nunnberm, however she had a homeless woman with mental challenges living in the neighborhood, sleeping on the street corner. She recognized the need for a shelter and service facility but was fearful that this location was too close to homes and minors walking to and from school and urged the city to rescind its support of the shelter. Anne Chhouk, resident living close to the proposed Kraemer shelter spoke in opposition for herself and many of her family and neighbors that could not make the meeting. She stated her group was 800 people strong in opposing the shelter and asked the city to hear their concerns for safety and quality of life. Paul Hertzler, long-time resideOt, remarked he and his neighbors had no information on the details of the ohe|ter, asking how it would be run, how long someone could stay, how individuals were selected to stay in the she|ter, and whether it would be for families or individuals. He added someone should communicate to the residents in that area so they could understand City Council Minutes of August 18, 2015 Page 6 of 17 how the shelter would operate. He recognized the need for a shelter but was concerned Kraemer Place was not the right location. Erica Zhang, resident of Orange, lived off Riverdale near the proposed ohe|ter, remarking the site was too small and was close to parko, sohoo|a, and nearby residents and that some of the nearby businesses would be in jeopardy. She hoped a better location could be found. Chad Chriotenm, resident near Twila Reid Park, remarked there had been crime associated with the homeless problems and he shared the concerns of the residents close to the proposed homeless shelter. Regarding Twila Reid Park, he stated there were criminals living in front of neighborhood homes, watching residents come and go; there had been bremk-ins, a stolen car from a drivevvay, and a recent shooting in the park, all related to the homeless population. He asked the City Council to take a serious look at these problems and to ensure the safety of law- abiding tax-paying residents. Specifically, he requested Council approve Item No. 10 on the agenda, which limited overnight parking near Twila Reid Park on Holiday Street and to also consider future proposals such as speed bumps and the prohibition of smoking in public parks. Joanne Sosa remarked there was going to be public discussion of climate change signs and policy with Dr. Patrick Michaels of the CATO Institute on August 20th, at Servite High School. She reported the proceeds would benefit the Coalition of Anaheim Taxpayers for Economic responsibility—a nonprofit organization focused on transparency and accountability in government. Larry Sangiorg)o, remident, stated there was a lack of information regarding the proposed homeless shelter. He had attended the County's one briefing where questions were submitted in a written format and as far as he was avvare, answers had yet to be given. He stated that most people who were against the shelter were not hamrt|eas, and wanted a so|ution, but not in their backyards. He had paid a premium price to live in his neighborhood and was opposed to the idea of relocating homeless to his area because it was convenient. He suggested the county had multiple buildings that would be more suitable sites. Bill B}oney, business owner on Kraemer Place since 1972, emphasized the unintended consequences of placing a homeless shelter in the area would change a superior industrial area into an industrial slum. He added businesses had no bars on windows, no gates on dooro, and all that would change would be higher crime nateo, higher police presence needed, and higher police costs. Julie Brunette, reaident, complained about the turf removal rebate prognanl, explaining she was not eligible for a rebate because she removed the turf but did not replant her yard. She believed she was doing her part and was being punished because there were not enough plants. She requested a waiver to allow her to receive the rebate. An unidentified speaker addressed the proposed homeless shelter on Kraemer Place, stating it would be a detriment to the neighborhood and buaineoses, a safety concern for Rio Vista Park, a well-used neighborhood park. She urged Council to look at empty properties that would make for a better location than this site. Wes Speake, reaident, remarked he was here because of a flyer that was left on his doorstep not because the city asked him to attend to hear information on a homeless shelter. He wanted more information and the ability to ask questions and get answers. City Council Minutes of August 18, 2015 Page 7 of 17 Dave Wilk, GOALS, remarked that GOALS had served the city for the past 20 yeana, adding that Item No. 18 on tonight's agenda was a reframed license agreement to support the use of city properties which GOALS improved in collaboration with partners and would also enable use by the charter school that opened on Monday, the GOALS Academy. He added that 200 children were looking forward to having more play space during the day, even|Ogs, and after school through this lease agreement with the city. Don Dornneyer, Red Gun Creative Connpu8, indicated his company rented studio space to film and video productions with producers and directors from Korea, Japan, Hollywood and New York, who visited his facility in Anaheim. Red Gun handled a small part of the runaway production from Hollywood and worked with all the major car makers, apparel nm0pmnieo, phmrnnaoeuUcm|s, and others creating their digital content. He explained he had bought this property in Anaheim partly based on the promise implied in the name of the Anaheim Canyon Center for Advanced Technq|ogy, and for him it made no sense to place a homeless shelter in an industrial park. He remarked the Canyon Center was a great location for business but an isolated place otherwise, with no services, and few sidewalks. He strongly opposed the shelter, remarking it was not just the Center for Advanced Technology that was at stake, it was the future of all of Anaheim and he outlined the steps he would take to counter the placement of a shelter on Kraemer. Keith O|eson, rooident, remarked that one of the officers in the Police mounted unit, Eric Anderaon, had raised funds, bought small horses and transported them to the CHOC Hospital to brighten the lives of children undergoing serious medical treatment and giving out bandannas with the Anaheim Mounted Unit logo. Mr. Oleson and his friends supported that effort and collected $1.200 to donate to the Mounted Unit to continue their tradition of good will. Mark Daniels, raoident, remarked he would have suggested Harbor Boulevard and the 91 Freeway as a better location for a homeless shelter because it would have served both Fullerton and Anaheim easily. He suggested calling an emergency town hall meeting to enlighten interested persons about the details of the shelter planned for Kraemer Place. Victoria K8ichae|e, nsoident, thanked the city for fixing a sidewalk problem she brought to their attention. She also announced the speaking engagement of Patrick Michaels of the CATO Institute, to discuss climate change on August 20th adding it would not be a debate with his critics. She invited the community to attend, remarking it would benefit C/\TER, a non-profit organization and an Anaheim watchdog of city government. Yvette Lava||e, regident, remarked she was so grateful to have a choice that GOALS Academy offered to parents, adding in the past, her son did not have many options for a child with autism. She was a joyful volunteer of the Academy and hoped the city would lend its support. Michele Cavender, resident, remarked that shortly after moving to Anaheim, she realized how fortunate her family was to be able to send her son to GOALS for the sports, music and art options they might otherwise not have. She urged the city to support the Academy. Sam Cave nder asked the city to support his school. Debbie Schroeder, Academy director, explained GOALS opened yesterday with almost 100 percent attandance, inspiring to the Academy and its atmff, as parents and students looked forward to their future. She stated the Anaheim City School District had approved the charter school application, but it was not an easy process as they asked every conceivable question City Council Minutes of August 18, 2015 Page 8 of 17 and made them work hard to get the charter approved. She thanked the city for their support of GOALS which had led to amazing accomplishments in the past and looked to the city as leaders to be part of this process going forward. Cynthia Ward, resident, CATER, remarked was happy to comp tickets to attend the CATO Institute presentation on global warming, in recognition there might be a conflict in writing a check to benefit CATER when it had engaged in litigation against the city of Anaheim. She had hoped to get decision makers in Public Works and Public Utilities to attend because there were so many areas that were regulated in the name of climate change and global warning. Discussing bond funds, she stated the city was overpaying the bonds by S10 million a year because 100 percent of Disney revenues were needed to pay the LPMR back in 1996 and was no longer needed and yet the city was overpaying. She added there was no benefit to the city, it only paid for the Mickey and Friends parking garage oariior, a structure that would be turned over to Disney. Brian Chuchua remarked homelessness was a nationwide problem and he did not view them as criminals. He supported the homeless shelter and providing services to help them find work. He understood the city had purchased property at the 91 Freeway/Harbor Boulevard for a homeless facility; a site he believed would not affect any residents and would baa more appropriate location for such a facility. Jeannette Saldivar announced that the parents from Palm Lane Elementary School petitioned to convert their school into a charter school and that thankfully the court had ruled in their favor. Unfortunate|y, she pointed out, the Anaheim City School District was appealing that ruling and has set $678'000 aside—funds that could have been used for schools. She wanted the community to be aware that these funds were being used by the school district to appeal their charter school opp|icatinn, and would be expended on attorney fees when it should be used for the children. Brian Kaye remarked a number of city officials and police officers had made statements about him as a homeless person, alleging he had mental health and other issues. He took his speaking time to reiterate some of their comments about him. City C|erk, Linda Anda|, inquired if there were any public comments to be issued from the teleconference site with Mr. Vanderbilt responding there were none. COUNCIL COMMUNICATIONS: Council Member Murray requested staff work with the County to reschedule public forums relating to the homeless shelter pointing out there were legitimate concerns raised regarding the lack of public information. Council Member Vanderbilt reported he and former Council Member Eastman attended the forum regarding the homeless shelter on August 5, 2015, adding there were some remarks regarding lack of city representation at that meeting and both he and Mrs. Eastman were interested in hearing the proceedings and becoming more informed. City Council Minute5 of August 18, 2015 Page 9 of 17 CITY MANAGER'S UPDATE: Paul EnOery, City Manager, announced the next Advisory Committee on Electoral Districts meeting to be held on August 19, 2015 at 6:30 p.m. in the Anaheim City Council Chambers. They are working on the mapping process for the electoral districts. CONSENT CALENDAR: At 7:09 P.K8., the consent calendar was considered with Council Member Vanderbilt removing Item No. 15 for further discussion. Mayor Tait indicated he would record an abstention on Item No. 5 as his firm had worked with the County of Orange this past year and on Item No. 12, the Highlands CFD, as his home was in that district. Council Member Brandman then moved to waiving reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as praoentod, in accordance with reporta, certifications and recommendations furnished each city council member and as listed on the consent oalendor, seconded by Mayor Pro Tern Kring. City C|erh, Linda Anda|, took a voice roll call vote and advised all votes would be by voice roll call as required for teleconferenced meetings: ROLL CALL VOTE: AYES — 5: (Chairman Tait and Council Members: Brandrnan, Kring, Murray and Vanderbilt.) NOES—O. Motion Carried D117 1. Approve the Investment Portfolio Report for July 2015. AGK'9I92 2. Award the contract to the lowest responsible bidder, The Stone Co||ector, in the amount of$177.500. for the Pelanconi Park Drainage Improvements Project, adopt a CEQA finding of categorical exemption and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. D180 3. Accept the lowest responsive bid of RWP Transfer, Inc., in the amount of$97,255 plus applicable tax, for the purchase of engineered wood fiber (playground chips) for the Community Services Department for a one year period, and authorize the Purchasing Agent to exercise the renewal opUono, in accordance with Bid #8532. D180 4. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Westnet, Inc., in the amount of$137.035 including sales tax, for the purchase and installation of eight First-In Alerting master control units and the replacement of the existing public address system at Fire Station #1. 4Gp'9193 5. Approve and authorize the Finance Director to execute and administer an agreement with County of Orange for the collection of special taxes, fees, charges and assessments. Mayor Tait recorded an abstention on this item as his firm had worked with the County of Orange in the recent past. MOTION: B/K to approve. VOICE ROLL CALL COTE: AYES— 4: (Mayor Pro Tem Kring and Council Members: Brandman, Murray and Vanderbilt). NOES— O. ABSTENTION— 1: Mayor Tait. Motion Carried. O. Approve a Subdivision Agreement with La Palma/Miller Phase III, LLC, for Parcel Map AGR-7993.V� 2014-147 located at 3321-3325 East La Palma Avenue to establish a five-lot industrial subdivision. AGR-4777.0 xsn'6127.13 7. Determine the projects to be performed under the proposed Master Agreement shall be »Gx'47/6z categorically exempt under the California Environmental Quality Act, Sections 15301. AGR-2737.D AGR-7311.A AGR-7312.A AGR-2735.D AGR-7313.A AGR-5786.B AGR-2736 n City Council Minutes of August 18, 2015 Page 10 of 17 15302. 15303, and/or 15304 of Title 14 of the California Code of Regulations; approve and authorize the Public Utilities General Manager to execute and take the necessary actions to implement and administer a Master Agreement for electric utility conetruction, maintenance, repair and immediate response pjects between the City of Anaheim and Asplundh Construction Corp.. E.E. Electric, Inc., Hampton Tedder Electric Company, Henhe|a & McCoy, Inc., Herman Weissker, Inc., Hot Line Construction, Inc., International Line Builders, Inc., Michels Povver, Miron Electric Construction Corp.. PAR Electrical Contractors, Inc., and such other contractors prequalified by the City during the term of the Master Agreement, and authorize de minimis changes that do not substantially change the terms and conditions of the Master Agreement, as determined by the City Attorney. D182 O. Determine that the modifications to the electric natea, rules and regulations are exempt under the California Environmental Quality Act, in accordance with Section 21080(b)(8) of the Public Resources Code and Sections 15061(b)(3) and 15273(a) of Title 14 of the California Code of Regulations. RESOLUTION NO. 2015-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the rateo, rules and regulations for the sale and distribution of electricity as adopted by Resolution No. 71-478 and most recently amended by Resolution No. 2015-012 and determining said actions are exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080 (b)(8) and CEQA guidelines sections 15061(b)(3) and 15273(a). S. RESOLUTION NO. 2015'238 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Selective Traffic Enforcement Program (STEP) Grant, authorizing the Chief of Police to execute all required grant documents and amending the budget for fiscal year 2015-16 accordingly. 10. RESOLUTION NO. 2015-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM expanding Permit-Eligible Parking District No. 5 and designating HaViday Street from Orange Avenue to Rome Avenue as "Permit Parking D175 Only" street within Permit-Eligible Parking District No. 5 and determine the action is exempt from the California Environmental Quality Act pursuant to Regulation No. 15061(b)(3). 11. RESOLUTION NO. 2015-240 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM expanding Permit-Eligible Parking District No. 8 and designating Lullaby Lane from Loara Street to Gilbuck Street and Bayless Street from Cerritos Avenue to Lullaby Lane as "Permit Parking Only" street within Permit-Eligible Parking District No. 8 and determine the action is exempt from the California Environmental Quality Act pursuant to Regulation No. 15061(b)(3). 12. RESOLUTION NO. 3015-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community TlO5 Facilities District No. 1989-1 (Sycamore Canyon). City Council Minutes of August 18, 2015 Page 11 of 17 RESOLUTION NO. 2015-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989-2 (The Highlands). Mayor Taft recorded an abstention on this item as he resided within this community facilities district. MOTION: B/K to approve. VOICE ROLL CALL VOTE: AYES— 4: Mayor Pro Tern Kring and Council Members: Bnynoner\ Murray and Vanderbilt). NOES— 0. ABSTENTION— 1: Mayor Tait. Motion Carried. RESOLUTION NO. 2015-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989-3 (The Summit). RESOLUTION NO. 2015-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying speoiol taxes within City of Anaheim Community Facilities District No. 06-2 (Stadium Lofts). RESOLUTION NO. 2015-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle). 13. ORDINANCE NO. 6337 (ADOPTION) ORDINANCE8ORDINANCEOF THE CITYCOUNCILM142 OF THE CITY OF ANAHEIM adding Chapter 15.04 to Title 15 of the Anaheim Municipal Code pertaining to solar energy and expedited permitting procedures for small residential rooftop solar systems, based upon the finding and determination that said ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15D6O/c\/2\ and 15O8O/c\(3) ofthe State CEQA guidelines and isnot a project, as defined in Section 15378 of the State CEQA guidelines. (Introduced at Council meeting of August 4, 2015, Item No. 3). 14. ORDINANCE NO. 6338 (ADOPTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending Sections 18.24.030 (General Provisions) and 18.24.070 (Neighborhood Commercial District and Neighborhood Commercial-Mixed District) of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) {]ver/ay Zone) of the Anaheim Municipal Code 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 15080(o)(3) of the State CEQA Guidelines and is not a "Project", as defined in Section 15378 of the State CEQA Guidelines (Zoning Code Amendment No. 2015-00120) (Introduced at Council meeting of August 4, 2015, Item No. 31). 16. ORDINANCE NO. 6341 (ADOPTION) AN URGENCY ORDINANCE OF THE CITY 8130 OF ANAHEIM fixing and levying a property tax on the full cash value of all property within the corporate limits of the City of Anaheim for the fiscal year 2015/2016 and declaring the urgency therefor and that this ordinance shall take immediate effect (A copy of the full text of the proposed ordinance is available for review in the Office of the City Clerk). DI14 17. Approve minutes of the Council meeting of July 21, 2015. City Council Minutes of August 18, 2015 Page 12 of 17 END OF CONSENT CALENDAR: 15. ORDINANCE NO. 6340 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred toinTitle 1@ofthe Anaheim Municipal C280 Code relating to zoning (Reclassification No. 2014-00280) ([JEV2O14-0045) (1710 — 1730 South Anaheim Way) (Introduced at Council meeting of August 4, 2015, Item No. 35). Council Member Vanderbilt explained that he understood Mayor Tait's position that this site was important to retain because of the need for park space in the Platinum Triangle and that the Mayor hoped to see it developed. While he did not necessarily subscribe to that position for the reasons outlined by staff at the previous meeting, Mr. Vanderbilt was concerned about removing it from park inventory without having a replacement site. He requested details on the RFP process, the quest for new park locations, and whether or not there had been any consideration of selling the land outright rather than through an RFP process as it might produce more revenue in that manner. Mr. Emery remarked six proposals had been received through the RFP process and staff was developing an evaluation team and anticipated returning to Council with a recommendation in October. At this point there had been no other property identified in the Platinum Triangle as a potential park site and, he added, staff could follow up with a memo outlining the city's efforts and plans going forward. Regarding selling versus the RFP process, Mr. Emery noted staff had determined this was the best mechanism for disposal of the property and believed an RFP was the appropriate step to take to ensure compatibility and the highest and best use for that site. He added that the item on tonight's agenda was specific to the zoning of the property. Mayor Tait asked if Council was precluded from discussing other matters since they referred to the same seven acre site. City Attorney Houston remarked that if there were additional inquiries on the secondary item (the disposition of this property), it would be more appropriate to have that discussed as a separate agenda item at a future date. He added it might also be appropriate for it to be agendized in closed session if it related to real property negotiation. Bringing the public up to date, Mayor Tait stated this agenda item had been introduced at the previous meeting and referred to seven acres of property on Anaheim Way that was purchased in 2004 for parkland and was zoned for that use as well. Approval of tonight's recommendation would change the zoning from parkland to industrial to sell it to an industrial developer once the site was rezoned. Mayor Tait felt this action was premature because there was very little park space near the Platinum Triangle, an area that would eventually be built out for 28,000 residents with only four acres of park available when there should be 100 acres. For that reason he would vote against the rezoning. Council Member Murray confirmed the Planning Commission had fully reviewed this item and recommended approval to the City Council and that there was a commitment to find an equal or greater parcel to provide a much more accessible park in the Triangle. She added that she concurred with the Commission's request that any parkland purchased should be in addition to the Ball Road Basin, and that site should be pursued at the same time with the Orange County Water Oietrict, as it would create a sizable park facility with a true sports field. She pointed out the seven acre parcel was surrounded by industrial use, was confined and adjacent to a major freeway with enliaoiona, and a one-way access road. Given those |inlitmdonm, it seemed more appropriate to have that area stay commercial/industrial and find more appropriate park space in the Platinum Triangle. City Council Minutes of August 18, 2015 Page 13 of 17 MOTION: Council Member Brandman Moved to adopt ORDINANCE NO. 6340 , 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. 2014-00269) (DEV2014- 0045) (1710— 1730 South Anaheim Way), seconded by Mayor Pro Tern Kring. DISCUSSION: Mayor Pro Tem Kring remarked the economy was returning but that it would take years for the Platinum Triangle to reach buildout. This seven acre site had been purchased in 2004 with the city now having the ability to get two to three times the original purchase price, allowing the city to bank that for when available park land comes to the city's attention. Council Member Murray requested staff publicly commit to future places for recreational needs with Terry Lowe, Community Services Director, stating he was well aware of the impact of 28,000 people on an already overburdened park system and would actively seek play spaces for those new residents joining the Anaheim community. Mayor Pro Tern Kring added that the Mayor had indicated there were various park sites and schools near freeways but pointed out that most of those sites had been built many years ago when environmental concerns were not an issue. She added this was a freeway widening remnant and today people were more aware of health issues. Mayor Tait added that ideally parks would not be located next to freeways but the city went with what they had at that time, a concept that could be applied to these seven acres as well. VOICE ROLL CALL VOTE: AYES —3: (Mayor Pro Tem Kring and Council Members Brandman and Murray.) NOES —2: Mayor Tait and Council Member Vanderbilt. Motion Carried. 18. Discuss and consider a request submitted by Growth Opportunities Through Athletics, Learning & Service (GOALS) to utilize city properties for academic and school-time activities by the newly established GOALS Academy Charter School, consider approving AGR-9194 and take action on a lease agreement that would authorize GOALS to utilize the properties for charter school activities and direct the City Manager to execute the lease agreement (Continued from Council meeting of August 4, 2015, Item No. 34). Council Member Brandman requested a staff report on what had transpired since the August 4th Council meeting. Terry Lowe, Director of Community Services, remarked he met with representatives of the GOALS organization, three board members, as well as their executive director, and reviewed the terms of the agreement. What had changed in the agreement since August 4th was the termination clause; it was increased from 180 days to 240 days. He added there were a number of other issues discussed about continued use of this property by GOALS, and based the amount of time available, he had suggested and the group concurred, that the focus be on meeting the needs of the charter school which opened yesterday and to extend the agreement. He emphasized he was not particularly concerned about the length of the termination clause, because if the city was to make use of that land for a different purpose, notice would be much greater than 240 days as it would take at least two years plus from the time there was a conceptual project for La Palma Park to the beginning of construction. He also agreed to sit down and talk to GOALS about the future and their relationship with the city at another time. City Council Minutes of August 18, 2015 Page 14 of 17 Council Member Vanderbilt pointed out that the next agenda item talked about standardizing working with all charter schools in the future, wondering if the termination clause that was proposed to be amended in this item must be reflected any in future agreements with charter schools. Mr. Houston responded the change Mr. Lowe referenced related to protecting the city further from risk related to improvements or relocation and he believed it was the intention of staff for the following agenda item, to allow Council to consider future requests by other charter schools with an equal opportunity to city facilities for recreational purposes. This did not mean, he explained, that the terms of a particular agreement would always be the same as there could be different needs, different insurance requirements, and other factors to consider. Council Member Brandman requested Mr. Lowe explain the properties identified on the La Palma Park Parcel Map 267-131-05. Mr. Lowe pointed to the GOALS Academy building that was part of the property, adding that within the boundaries of the adjacent rectangle that was referred to as Dreamscape 1, there was an area that had been improved by GOALS for play space, soccer, a running track and tennis courts. Their headquarter building was located on that area as well. Dreamscape 2 was shown, a larger rectangle that was currently an empty lot but was under contract between the City and GOALS for development of facilities. Lastly, a smaller triangular piece on the lower right hand corner of the site contained GOALS community garden site. Council Member Brandman asked whether the lease agreement had been just revised due to the fact the area in Dreamscape 2 had not been developed, information that he had received from staff. Mr. Lowe indicated the primary purpose of standardizing the agreements was because the city wanted to have the flexibility to implement the Master Plan when Council direction was given to do so; he added that having the agreements consistent would allow that to happen. Council Member Brandman emphasized that while the standardizing was being considered, it was his understanding that the impetus for the revision was because Dreamscape 2 had not been improved. He emphasized if his understanding was correct and this City Council approved the GOALS Academy lease, GOALS would now have the right to fully develop Dreamscape 2 as part of this new charter school and populate it with a sports field, and so on. Terry Lowe responded whatever occurred on the site, the city would have to approve it first and at this point, the lot was vacant. Mr. Brandman believed the city would be obliged to approve it as part of the lease agreement and that this lease agreement, if approved, would be in alignment with the charter school application that was approved by the City School District. His point was the city planned on exiting sometime in the next two to three years from these agreements to be able to develop La Palma Park and now this Council would be going in a different direction and could allow further development for a non-general park use of the La Palma Park plan. He warned that this site would become a fully vested school on property for time immemorial. Mr. Lowe stated he believed the city was in a position where it could move forward with the vision for La Palma Park with a reasonable amount of time and notice to the user of the property. Discussion continued on various aspects of this agreement. Council Member Brandman explained that he believed if the lease agreement was approved, that administrative policy would be a moot point and the political will of the Council would have shifted. He believed the agreement would abrogate the commitment the city had made to generations of Anaheimers who had been expecting that full park buildup since the 1950's. With that said, Mr. Brandman remarked he could not, in good ooDocimue, vote to approve the lease agreement tonight. Council Murray stated she would rely on the commitments made by staff and the long history of assurances that the city would continue to expand the La Palma park space. She believed City Council Minutes of August 18, 2015 Page 15 of 17 GOALS would be an asset to the community but expressed her surprise to find that the Anaheim City School District, through a letter from Dr. Wagner, had abdicated any responsibility of the school district for the GOALS facility ib;elf, that the school district would not have a role in negotiating the charter school's use of city spaces, and that it was up to GOALS to implement a physical education and health curriculum. It was her opinion the school district was picking winners and losers between Palm Lane Elementary School and GOALS Academy and that the school district would expend over $600,000 to further fight the parents of Palm Lane and their efforts to implement a charter school. She was supportive moving forward with the agreement and GOALS Academy. Mayor Pro Tern Kring stated she had also been concerned about Dr. Wagner's letter in which she stated the charter school petition did not appear to specifically indicate that GOALS Academy planned to use city properties and/or land to operate a charter school program. She also agreed with Council Member Brandman that La Palma Park was promised as a sports park complex for residents, land that was purchased years ago as part of a master plan. She would not support the proposed ogreement, because she also believed the city would never get the land back and that the sports complex would never happen. While she was a supporter of GOALS and their partnership with the city, she could not support the agreement. Council Member Vanderbilt asked if there was a previous agreement in place that allowed GOALS to use one parcel and put in a community garden. Mr. Houston responded that the lease tonight, if adopted, would cancel and terminate prior use agreements and this would now be the definitive agreement. He added, if the city operated under a presumption that this lease was not approved tonight, the prior agreements, licenses and lease agreement did not allow, in any shape or form, the conduct of school activities to occur on the property that GOALS currently had a right to access. He continued that GOALS was only allowed to engage in certain afterschool activities and sports, and in that case, if the city were to enforce its rights, Mr. Houston believed they would be successful. Mr. Vanderbilt then inquired if adding the school programs with more risk, would the city be better or worse with Mr. Houston indicating the city would be better off as it was better protected. He added the caveat that enforcing a contract against a party in breach was always a difficult matter and one that would require judicial resources. Mr. Vanderbilt's last question was about exploring options for school sites on La Palma Park with Mr. Lowe remarking the plan was not to put a school on that property but for the land to be used for athletic fields for both a school and the city, much like other joint use facilities. He stated the earlier discussions were essentially conceptual and there were some conceptual drawings developed about what might be possible on the site but there were no long term negotiations about a school because of other discouraging factors regarding state regulations related to building schools MOTION: Mayor Tait moved to approve Item No. 18, seconded by Council Member Murray. DISCUSSION: Mayor Tait pointed out that before the city of Anaheim could consider expansion of La Palma Park, the church and motel properties would have to be acquired, followed by the development of a concept plan, and in the best case scenario it would be years before the expansion actually happened. In the meantime, the GOALS organization would use blighted vacant city lots and turn them into a playground at their own cost, using the site for playtime, recreation time and character development much as they had been successfully doing with the Martin Recreation Center. He believed this action to approve the lease was the right thing for the community. City Council Minutes of August 18, 2015 Page 16 of 17 He also remarked there were wonderful public schools in the city and GOALS had been granted the opportunity by the Anaheim School District to open a charter school. The parents who used the Parent Trigger Law for Palm Lane elementary also petitioned to have an existing school converted to a charter school, a completely different process from the GOALS Academy and that the school district was concerned about whether the process was done properly. ROLL CALL VOTE: AYES— 3: (Mayor Tait and Council Members Murray and Vanderbilt). NOES — 2: (Mayor Pro Tem Kring and Council Member Brandman). Motion Carried. 19. RESOLUTION NO. 2015-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting equal opportunity for charter schools chartered by school districts operating within city limits to access and utilize city facilities similar to D150 pre-existing joint use agreements for recreational space and determining said action is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15080(c)(2) and 15080/c\(3) and not a project under Section 15378. Terry Lowe, Director of Community Sarvicao, remarked at the request of Council Member Murray, a resolution was drafted to allow equal opportunity for charter schools that were chartered by school districts operating within the city limits of Anaheim. This would allow for schools within the seven school districts in/\naheirn, to have an equal opportunity to use city recreational facilities consistent with other joint use agreements. Council Member Murray remarked she had asked for this resolution because she felt it was important that the city provided equal opportunity to all residents who were granted charter school status; remarking this resolution would allow access to use city facilities similar to pre- existing joint use agreements for recreational space. She reiterated that a letter sent to the city by Dr. Wagner from the Anaheim City School District called out GOALS as an independent charter, a concept that was new to her as she had thought there would still be oversight by the school district. She pointed out the GOALS Academy received approval for this joint use of city property for charter school activities and she wanted that same option to be available to other charter schools such as Palm Lane Elementary. She pointed out this resolution made it clear that the city wanted to be engaged in making sure that any future charter schools had that same option available. MOTION: Council Member Murray moved to approve RESOLUTION NO. 2015-240. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting equal opportunity for charter schools chartered by school districts operating within city limits to access and utilize city facilities similar to pre-existing joint use agreements for recreational space and determining said action is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15060(o)/2\ and 15080(o)(3) and not a project under Section 15378, seconded by Mayor Pro Tern P{ring. DISCUSSION: Council Member Vanderbilt thanked staff for pulling this together so quickly and for Council Member Murray for requesting the action. He discussed the charter school applications process, remarking it was a complex procedure and he hoped the school district would move forward and accommodate the Palm Lane parents. Mayor Tait was supportive as vve\\, believing it was good policy to work with all aohoo}o, both public and charter. Council Member Brandman remarked the policy was unnecessary because once charter schools were City Council Minutes of August 18,2015 Page 17 of 17 approved, if there was a pre-existing agreement between the comprehensive site and municipality, they were bound to continue that agreement. ROLL CALL VOTE: AYES—4: (Mayor Tait and Council Members: Kring, Murray and Vanderbilt). NOES — 1: Council Member Brandman. Motion Carried. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS: Council Member Murray highlighted the work of Seneca Canyon Acres Ranch, specifically the GAIT program and requested a formal recognition be scheduled. She announced the K-9 Monuments Fund Raiser at the Anaheim Hills Golf Course on August 20th and thanked all those involved in the Caterina's Club Red Carpet Gala on August 30th at the Nixon Library. She highlighted the Star Wars themed-land announced by Disney Corporation at the D23 Expo. Council Member Murray requested this meeting be adjourned in memory of Sergeant Todd Kridle. Council Member Vanderbilt spoke of the Anaheim University graduation ceremony and commended Council Member Kring for speaking at that event and expressed his appreciation to staff for their attendance. He thanked Mayor Tait for his efforts in the City of Kindness Initiative. Mayor Pro Tern Kring spoke of her participation at the Anaheim University graduation ceremony, discussed the successful D23 Expo, and concerns regarding the West Nile Virus. She informed the community on the city's Turf renovation project and the pilot program to retire U.S. flags and also announced the CHOC and Anaheim Police Mounted Enforcement charity event at Ronald Reagan Park on August 30th. She requested Planning staff review the city's housing impact fees and also asked the meeting adjourn in memory of Sgt. Todd Kridle and of Thomas "Hoagie" Holguin. Mayor Tait announced the Caterina's Club Gala on August 30th. He also requested staff research the feasibility of placing a dog park at Ronald Reagan Park, as well as programs and policies to address the motel issues on Beach Boulevard and efforts toward making Anaheim a prominent place for filming by streamlining the process for location scouts. ADJOURNMENT: At 8:44 P.M., Mayor Tait adjourned the August 18, 2015 meeting in memory of Sgt. Todd Kridle and Thomas "Hoagie" Holguin. Rrpectully submitted, tv.61 I Linda N. Andal, CMC City Clerk