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03/22/2016 ANAHEIM CITY COUNCIL REGULAR MEETING OF MARCH 22, 2016 The regular meeting of March 22, 2016 was called to order at 3:06 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda and related materials were duly posted on March 18, 2016. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris Murray and James Vanderbilt. STAFF PRESENT: City Manager Paul Emery, City Attorney Michael Houston and City Clerk Linda Andal. WORKSHOP: Public Works Infrastructure Strategies and Priorities / City Infrastructure Construction Maintenance and Funding Strategies Natalie Meeks, Public Works Director, stated the department prioritized and implemented projects to preserve Anaheim's infrastructure. With the goal of managing and organizing the work to get the most out of every available dollar, she reported the department recently developed a strategic plan to align the mission and goals with its citywide work plan for the purpose of creating attractive, engaged neighborhoods, a safe and secure city, a thriving economic climate and an efficient and well-managed city government. The resulting plan established a road map of future departmental actions and anticipated results for the next five years by assessing the department's processes, programs, and needs to develop goals. She explained the goals had three themes; i.e. to maximize collaboration, enhance efficiencies, and increase stakeholder involvement pointing out the main concept the study reaffirmed was to enhance operations and level of services with staff then identifying specific action plans to help achieve each goal. Rudy Emami, City Engineer, discussed how the department prioritized and managed its capital improvement program (CIP) and the financial plan for the repair and construction of Anaheim's capital assets. Those assets included streets, bridges, transit, transportation, bike lanes, trails, sanitary sewers, storm drains, operations, and facilities. He indicated there were many factors that were considered important in this process: a Master Plan, Maintenance, Inter-Agency, Economic Benefits, Function, Safety, Collaboration and Community and there were many categories of assets that had master plans that showed current and future needs, an inventory assessment, and a roadmap to address deficiencies. Pavement Management Plan — Mr. Emami reported that one of those master plans was the Pavement Management Plan, a tool that assisted staff in finding the best strategies for providing and maintaining pavements in serviceable condition over a given period of time. It also evaluated pavement stresses and condition on a scale of zero to 100 (100 being best) and provided a generic remedy and associated costs to repair. He spoke to the importance of the plan and further pointed out that in addition to collaboration with external agencies, there were opportunities for partnering from within to minimize duplicated efforts and find ways for cost sharing and beneficial scheduling with Public Utilities or other city departments, such as timing the delivery of electrical undergrounding projects, and water and sewer line replacements with a pavement rehabilitation project. He also shared staff worked with students to take an active role in their community by doing walking surveys to identify obstacles and areas for improvement and educating fellow students City Council Minutes of March 22, 2016 Page 2 of 28 on making better choices to and from school. He reported Magnolia High School students worked alongside city staff and helped get a Safe Route to School grant to install a new signalized crosswalk at Magnolia and Winston. Mr. Emami explained this approach led to opportunities for external funding and leveraged city funds through grants or cost-sharing collaborations, adding that the department worked with many restricted funds that could only be used for its intended purpose and was not enough to meet all of the city's needs. To maximize capital investment, higher priority projects were identified that would multiply city funds and with that goal, the department still remained flexible and amenable to take advantage of these opportunities when they came up. He pointed out that public projects also spurred private investment as shown in the Resort District, the Platinum Triangle and most recently in the downtown area. One area that did not get as much attention was the strides made in the past ten years with the citywide sewer program and he briefly provided information about the program and the benefits thereof. The maintenance factor was measured by the project's ability to improve the overall reliability of infrastructure and to reduce maintenance efforts and expenditures. For example, he stated, the department was currently replacing old 6-inch sewer lines in the oldest part of the city, that cost about $14 million to maintain annually and after the project, that cost of maintenance would drop to about $30,000 a year. The community factor came into play through traffic calming petitions, safety concerns that were raised and low mobility or access issues. Through engagement with the stakeholders, staff assessed, documented, looked for opportunities to partner with neighborhood groups, schools and businesses, and to find solutions by incorporating those needs into projects. Examples of some of those concerns raised by the community were sidewalk gap closures, signalized crossings, speed bumps, and accessibility improvements. Once those priorities were set, the projects could be scheduled. BROOKHURST STREET WIDENING PROJECT: The Brookhurst Street Widening project was recently completed and Mr. Emami pointed out it used those priority factors discussed. It began as a street widening project from four to six lanes, staff identified it in the Master Plan of Arterial Highways and Circulation Plan as a major arterial operating at overcapacity and the last bottleneck segment of Brookhurst between the 1-5 and Pacific Coast Highway. The city partnered with the County of Orange for the street widening, the Cerritos Avenue Sewer Project and Public Utilities accelerated the undergrounding of all overhead lines ahead of the department's contractor and reduced potential coordination issues. That project, he pointed out, improved safety by providing opportunities to address site distance, vehicular movement conflicts, ADA access, storm water drainage and water quality. He emphasized staff was successful in competing for seven different outside funding sources, to leverage gas tax monies and the excess right of way created by the purchase of properties on the east side of the street enabled the department to obtain water quality funding grants to pay for enhanced treatment features. MAGNOLIA STREET IMPROVEMENTS: This was another recently completed project that benefited from using priority factors. Public Works and Public Utilities collaborated on this project and rehabilitated the road after undergrounding overhead lines and reducing necessary costs for pavement repairs. This coordination also minimized the inconvenience to the public by combining two projects, completing it in a much shorter time frame. • City Council Minutes of March 22, 2016 Page 3 of 28 Mr. Emami pointed out that every four years, the American Society of Civil Engineers gave out a report card that depicted the condition and performance of the nation's infrastructure. The nation's roads received a letter grade of D and California a low C due to existing conditions and lack of adequate funding. As a self-help county, Orange County was doing better with a B- and the city of Anaheim's present arterial highway system of 157 center line miles had an average paving condition index (PCI) of 73 which was considered fair. He noted while the condition score was trending upwards, it was the increased back log of streets rated at a 40 or below that was the most significant, explaining these were the streets that had failed and required full construction. He discussed the cost to reach the target average of PCI of 75, a good category, which would be about $10.6 million annually for the next seven years. TRANSPORTATION FUNDS: The department proactively sought to leverage the city's transportation funds with competitive grants and over the past five years achieved that with the city's Measure M2 share of gas tax dollars to obtain federal, state and OCTA grants for a total of $83.2 million in grants successfully secured by staff. That turned every $1 of city funds into $4 dollars of capital infrastructure and this 4:1 leverage ratio was a key performance indicator to insure an efficient and well-managed city. Mayor Tait inquired why the difference in funding between the years, funding he thought would have been more constant. Mr. Emami responded staff adjusted projects and their match requirements. He explained that there was typically about $3 million as the base gas tax and fair share monies received each year, and it fluctuated in 2014, when the department transferred gas tax monies to Operations to be used for every day maintenance repairs. Dan DeBassio, Public Works Operations Manager, remarked his crew of 100 managed a number of maintenance functions and services for the city, including the preservation of the Resort Management District, an important tourism asset that saw over 22 million visitors last year. Those functions and services included refuse removal, street cleaning, sewer and storm maintenance, landscape and tree maintenance, sidewalks, curbs and gutter repairs and many others: • The department managed the franchise agreement for the collection, processing and disposal of over 400,000 tons of solid waste annually, and the recently mandated five new organic recycling laws intended to help the state move towards a 75 percent recycling goal by 2020. Staff hoped to see a state-of-the-art waste to energy facility operating in Anaheim someday. • The street cleaning program had 15 sweeping routes serving the community weekly, including a night crew that swept the arterials, commercial areas and city facilities and also responded to after-hours emergencies. • Another part of the street cleaning program was the weed abatement and litter crews, with some of their responsibilities including city wide weed abatement, bus stop cleaning, homeless task force support, and responding to over 1,000 illegal dumping incidents annually. • Sewer and storm drain maintenance prevented sewage spills and flooding and maintenance activities within this program included sewer line cleaning and TV inspections, catch basin and drainage system cleaning and pump station maintenance. This unit, he stated also coordinated with the engineering division by identifying defects and providing information on the sewer and storm drain systems so projects could be initiated. City Council Minutes of March 22, 2016 Page 4 of 28 An example of this, he remarked, was the downtown sewer system constructed in the early 1900's and with piping six inches in diameter that was smaller than the current minimum diameter of eight inches. Over time, he explained the lines had fallen into disrepair and with an ever increasing downtown population; some of the lines were experiencing capacity issues. He noted PW operations had been addressing those issues with the Downtown Blitz program, with sewer crews cleaning all the downtown sewer lines on a bi-annual basis. He pointed out while the Downtown Blitz was an effective program for managing an aging sewer system, it was an ongoing burden of resources and PW operations and engineering divisions collaborated to address those maintenance and capacity issues with a program to improve overall performance, reduce maintenance costs and insure adequate capacity for future development. • Traffic systems maintenance included events and emergency traffic management, a communication network linking the traffic management center to the field and the maintenance of 321 signalized intersections. • Sign maintenance programs serviced all signs and striping citywide with this four-man crew cleaning, repairing or installing over 15,000 signs annually. Mr. DeBassio added that the crew also coordinated with the striping and pavement delineation contractor to asses and refresh all striping citywide, including school crosswalks every summer before school began and hung the American flags and holiday decorations. Mr. DeBassio stated the four most asked for maintenance programs by residents were streets, concrete, trees and landscaping. • The primary goal in street and alley maintenance was public safety and mobility. Public Works crews maintained the entire roadway network including arterial and residential streets and alleys. Maintenance crews repaired over 2300 potholes last fiscal year and on a positive note, that number trended down from a high of 5700 potholes in FY 10/11. Additionally these crews partnered with Public Utilities to assist in over 350 roadway related work orders per year. • The concrete maintenance program included sidewalks, curb and gutter and access ramps with the goal of improving pedestrian access while reducing city liability. This 4- man crew averaged 2,500 temporary repairs annually, and also assisted Public Utilities with any concrete related work orders. • Urban forestry included street trees and power line clearance maintenance programs, with over 90,000 trees in the combined inventory and the department oversaw the power line clearance program for the Utilities Department. Two tree coordinators provided customer service and contract administration for both programs. • Landscape maintenance offered instant gratification by making areas look better and improving the community in a short period of time. The challenge was maintaining an inventory of almost 6 million square feet citywide. Mr. DeBassio pointed out an interesting landscape feature added to the Brookhurst Widening project, a bioswale intended to beautify the corridor and treat storm water runoff at the same time. NEIGHBORHOOD IMPROVEMENT PROGRAM: Mr. DeBassio reported this concept was created to assess, prioritize funding, and implement work in neighborhoods in a fair and strategic manner. The projects followed a specific order; i.e., street tree maintenance including trimming, planting and removing; sidewalk, curb, gutter, access ramps, driveway repairs and reconstruction; pavement resurfacing and new striping; paving markers and signage including new street name signs and the focus was on customer service and public convenience. City Council Minutes of March 22, 2016 Page 5 of 28 He noted that bond funds of$9.3 million were being used on seven other neighborhoods and included 146 acres of pavement, reconstructing 2.9 acres of sidewalk and replacing 5.6 miles of curb and gutter. Three neighborhoods in the west were completed, one was underway, two in the east area were under contract and one neighborhood in the central area was in design. He pointed out that on tonight's agenda there was a request for a contract change order to add these seven neighborhoods to the current bond funded construction contract with the majority of the funding for these areas using FY 2015/16 gas tax monies. He added that the bond funds assessment of these seven neighborhoods was completed and they were now ready for construction and emphasized the contract change order was both cost and time efficient and would retain the same competitive price while expediting the work. FUTURE NEIGHBORHOOD PROGRAMS: Mr. DeBassio indicated the department used the pavement management system to help analyze the overall condition of the roadways and help develop priorities including the consideration of the following: field inspections, current maintenance costs, ongoing and upcoming undergrounding projects, requests received from residents and the annual budget to choose future neighborhood projects. A map delineated the neighborhoods that would be completed in 2018, those in 2019 and those in 2025, with Mr. DeBassio adding that this would conclude the first time going through the neighborhoods in recent times with a total cost for the seven year period estimated at $30 million. For the second time through neighborhoods, staff predicted the cost would be 30 percent less because walking through neighborhoods that were improved in 2010 found them to be in excellent condition after six years with minimal pavement and concrete repairs compared to the original project. Mayor Tait requested clarification on tree mitigation, asking if it meant removing many mature trees. Mr. DeBassio responded it was a combination of taking them out and working with arborists to do the necessary root pruning to make the sidewalk and roadway repairs without destroying the tree, adding that staff 's focus was on saving trees and always worked with residents before one was removed. ARTERIAL SIDEWALK PHASE 1: Mr. DeBassio explained this was a project made possible through a FY 14/15 mid-year budget amendment of $550,000. Staff partnered with Risk Management to analyze claims data because liability costs attributed to trip and falls had increased over the last couple of years. What resulted from that analysis was that the number of claims filed each year was relatively stable, however, the costlier claims had increased and pointed to an aging population with active lifestyles who sustained severe injuries. The decision was made to focus on arterial sidewalks as they were in close proximity to central facilities, were high pedestrian corridors, and part of an older infrastructure. Phase 1 was located in the east/west corridors from the west city limits to Euclid and was completed in January, repairing almost 22 miles of arterial sidewalk including over 3,000 grind locations and 40,000 square feet of sidewalk replacement, with a total cost of$575,000 or about $25,000 per mile. For Phase 2, the department was recommending implementing in FY 2016/17, the north/south corridors from the west city limits to Euclid. That project would repair almost 15 miles of arterial sidewalk at a cost of about $365,000. After Phase 2, there would be 116 miles of arterials remaining east of Euclid, estimated to cost nearly $3 million and five to seven years to complete the program (using an annual budget of $550,000). City Council Minutes of March 22, 2016 Page 6 of 28 ANAHEIM'S URBAN FOREST: Mr. DeBassio reported that PW began managing the urban forest in 2010 with a mission to establish a sustainable maintenance cycle and increase tree inventory. The last report showed the department completed its first cycle through the city in five years and since 2010, there had been over 3,000 trees planted. Fifty-five thousand trees were now scheduled for maintenance every five years, with a few exceptions. Some of the challenges with managing trees were diseases. He stated Santa Ana Canyon Road, with its wind row of Eucalyptus trees that dated back to the early 1900's was affected by disease and staff rated each tree for overall risk and prioritized removal if necessary and continued to evaluate with special attention paid to the Blue Gum species. WATER CONSERVATION: Since the onset of the drought, Mr. DeBassio pointed out the department had coordinated with Public Utilities to meet the city's 20 percent water conservation goals, replacing inefficient irrigation systems and controllers, reducing watering days, eliminating turf medians and replacing existing plants with drought tolerant species. He added that in less than 12 months, the Public Works landscape teams converted almost 500,000 square feet of turf medians to drought tolerant plants, and residents had complimented their efforts. The department had been approved for just under$900,000 in MWD water conservation grants, and he noted, this grant funding would be used to pay for the majority of the conversion projects. He ended his presentation noting that a combination of funding from seven different city funds in this fiscal year, paid for these operational expenses, at a total of$82.8 million with ten percent or $8.5 million coming from the city's General Fund. Director Natalie Meeks remarked the work was strategically planned, and at times plans were set aside to meet the immediate needs of the community. She remarked that PW employees were federally designated as first responders and often on the scene first in emergency events, such as sink holes, water main blowouts, traffic accidents or even the recent rain and wind events. Council Member Vanderbilt requested and received clarification on grant funding allocations and specific improvement projects. Council Member Murray acknowledged the extraordinary work of the department in bringing in a significant amount of additional funding to supplement the city's resources that made such a difference in extending budget dollars. Going forward, she requested that future maps show funding allocations by councilmanic districts that would be helpful both to residents who resided in the new districts as well as the new representatives. Council Member Vanderbilt asked if it was possible to have the detailed maps that were presented tonight enlarged for the public with staff indicating they would be posted on the department's website. Mayor Pro Tern Kring concurred in delineating projects in councilmanic districts and asked that the projects that were completed be included as well, so that the public had a complete picture of what was going on in their districts. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: City Attorney Michael Houston reported Closed Session Item No. 2 involved facts and circumstances that consisted of alleged breach of contract related to services provided by the City. 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(-Wm MANN Aq aouepuafe alooai gip pue oos!ouBJd Lies pue pu!gaq pue o6a!Q Lies 6u!ssedJns `e!woJ!!eO u! uo!Teu!Tsep isa6uoiis !INT age ewooaq o1 asJnoo uo sem w!ayeuy `eTep !anBJT uo podei &vis gL.OZ iienuer ays of 6u!pa000e let-11 Poppe aH 'LI.OZ Jo} pa!npagos Mou aaaM sd!gsuo!dweyo soITseuwAD OUT `}!nsaa a se pue}a)!Jew spods Jna}ewe an Ja}}e o6 0),po}}a an!ssaJ66e an!ToeoJd e `w!ageuy spods pagoune! A!iueoaa w!ageuy}!s!A paounouue ssaJng Aer •Ao!!od an!luaou! !BToy OUT Jo poddns ui aaay sem pue w!ageuy u! pan!! wogm J0 00t `saagwaw 000`9 paluesaadaa ag pavewai `Ja>{JOM 'Blow hags uo!}eaaue6 puooas a `opeIJnH wes 8Z io OZ abed 9TOZ `ZZ ipJew Jo salnu!W IPounoJ Alio City Council Minutes of March 22, 2016 Page 11 of 28 Renee Balenti spoke out against the Anaheim Police Department homeless liaison team, their actions against the homeless community and advocates, asking they be held accountable for their activities. Stephanie Burglin urged Council to reconsider their earlier decision and deny the rezoning for the residential development at 1609 and 1615 Cerritos Avenue, specifically because the size and shape of the site was not adequate to allow full development of the proposed units in a manner not detrimental to the area. Video testimony had been presented, as well as letters and phone calls from residents in a similar development on Orange Street, urging Council to not repeat the same mistakes on Cerritos. In addition, petitions and letters in opposition to the development had been submitted with Ms. Burglin asking why the weight of one letter from Esther Wallace was more important than the residents input. Ethel Halpern requested Council approve a rehearing for the rezoning of the Cerritos Avenue development project citing that none of the neighbors within direct proximity of the project had received notice. She alleged prior conversations between the developer and some of the Planning Commissioners and Council Members violated the Brown Act and pointed out that at no time was there conversation during the hearings about CEQA determinations being satisfied. For all those reasons, she was requesting a rehearing of the issue. Mark Daniels, District 1 resident, offered a number of comments: he opposed short term rentals on the basis that having a business venture in an established residential area was wrong; regarding the homeless issue, he suggested providing temporary structures or tents on some of the vacant lots of the city for their use; and he recommended getting big organizations to sponsor soccer fields and improve the aesthetics and maintenance of city parks. Zack Anderson, ironworker apprentice, supported the hotel incentive policy, stating it offered tradespeople a chance to put their skills and experience to work. He recommended voting against any efforts to delay the policy and move forward. William Fitzgerald, Anaheim HOME, recommended an agreement to use union people on subsidized economic development projects be implemented as part of the policy in support of the union members. Julie Brunette requested Council rehear the Cerritos Avenue residential project, remarking the community contributed to the rehearing fee in order to be able to restate their position. In addition, she indicated she had been trying for years to get lighting for Palm Lane Park in order for residents to be able to walk in the park during summer evenings. Ron Bengochea, resident, announced Loara High School held the 37th annual baseball tournament at Glover Stadium. He thanked the Parks Department for their assistance and congratulated the ground crews for the pristine fields that showcased the city and was appreciated by 32 teams from Los Angeles and Orange County. Cheryl Blethrow, addressing the requested Cerritos Avenue rehearing, stated that testimony, both written and verbal had been presented to Council supporting the denial of the requested rezoning and to require the developer to work within the existing RS-2 zoning codes. She then read an email from Marie Landers on Tedmar Avenue who took issue with the Collage development near her home that took away existing neighbors' privacy and would do the same on Cerritos Avenue. She urged Council to visit the Collage development to see the direct impacts and approve a rehearing for reconsideration of the Cerritos project. Ms. Blethrow City Council Minutes of March 22, 2016 Page 12 of 28 further added that Council gave weight to an Esther Wallace email and not to the emails of those who would live near the proposed development. Nicholas Blethrow urged Council to rehear the rezoning issue, adding that many neighbors had concerns about what happened at the previous hearing and general concerns about changing the zoning. He added most would have preferred the developer retain the existing zoning and build what was possible within those limits. Vern Nelson, OJ Blog, stated he was Anaheim's official troubadour and offered a song he composed about Council's actions referring specifically to approval of transient occupancy tax subsidies and the Anaheim Tennis Center improvements. Mayor Pro Tem Kring, as a point of personal privilege, objected to the speaker's reference to her religion. Jeff Letourneau reported the city agreed to the following: a $156 million TOT rebate for GardenWalk, a $200 million ARTIC facility, a $200 million Convention Center expansion, a street car project for $300 million and agreeing to a 45 year tax exemption on Disneyland admission price which translated to almost $1 billion in taxpayer monies with nothing requested in return. He emphasized if the city was going to give money away, it should have requested a number of things in return such as prevailing wage requirements, no eviction zones to address gentrification, and local hire mandates and whether or not those requests were successful, at least there would have been discussion on the subject. Regarding the Anaheim Tennis Center, he stated there was no evidence the tennis center lessee had lived up to his responsibility to give breaks to low income youths and partner with local schools and that information should be made available when the project comes before Council for consideration. He also concurred with Mayor Tait's proposal to purchase property adjacent to a school using the funds earmarked for the tennis center improvement funds. An unidentified speaker requested Council Member Vanderbilt visit her area to give some input into how the residents could improve their neighborhood with a number of issues to address concerning cars and malicious activities going on. Victoria Michaels remarked it was evident there was some dissension between the residents of Anaheim and the police officers but the majority of officers deserved respect. Regarding treatment of the homeless by police officers, she reported her ride along with CityNet staff and police officers on Wednesday and had seen well-trained officers do their jobs with respect and concern. Linda Lobatos, District 3 resident, objected to funding improvements to the Anaheim Tennis Center, suggesting Council consider investing in programs for Manzanita Park, possibly a soccer field. Regarding the homeless issue, she suggested using the ARTIC facility. She also announced her candidacy for the District 3 seat. Donna Acevedo, resident, spoke of the deaths by Anaheim police officers and the lasting effect it had on her life. She stated the Police Chief's explanation of how events unfolded at a planned KKK rally in Anaheim were not true and that he made the same statement to the Public Safety Board members, asking that Council hold him accountable for his statements. City Council Minutes of March 22, 2016 Page 13 of 28 An unidentified speaker remarked that in his neighborhood this morning was a line of vacationers coming from the STRs on the corner on their way to Disneyland. He was opposed to STRs and wanted to see people living in the community as neighbors, not as vacationers. Jeanine Robbins was not opposed to hotel subsidies but believed it was appropriate for residents to vote on these subsidies. Addressing short term rentals, she wondered why these mini-hotels were allowed in residential areas when they were taking business away from legitimate hotels. She urged Council to ban short term rentals. Brian Chuchua addressed the sale of fireworks, stating the revenues were supposed to go to nonprofits identified by buyers so that credit would be given to that nonprofit agency. He indicated that last year he tried to hand out flyers at the Honda Center and he was escorted off the property, asking that language be added to the ordinance to allow flyers to be handed out at the sales location. Regarding the Tennis Center, he was opposed to funding the improvements, because the private lessee was not paying a fair market value for the rent, i.e., he was paying 1140th of what the rent should be and the rest was subsidized by the city. He also asked if the 4- star hotel developers that were in discussions with the city would withdraw their plans if the hotel incentive policy did not go forward. Lisa Silver, Silver Investment Corporation, spoke to Agenda Item No. 9, asking that the request for rehearing be denied because the grounds for rehearing were without merit and the personal attacks and false assertions were irrelevant. She addressed the fairness of the process and the diligent oversight of the Planning Commission and the City Council in approving this residential project as well as others that had been developed in the city. She stated the project was a thoughtful and reasoned process with the planning staff and was not the original concept but a compromise that was acceptable to all, with the developer agreeing to reduce density, increase setbacks and restrict short term rentals on these units. Cynthia Ward requested an apology from the City Attorney for accusing CATER of tens of millions of dollars spent in delaying claims for the Convention Center. Regarding the hotel incentive policy, she supported having residents weigh in on that issue of developer subsidies and opposed the current process for the sale of fireworks being monopolized by one entity. COUNCIL COMMUNICATIONS: None CITY MANAGER'S UPDATE: None At 7:28 P.M., Council session was briefly adjourned to consider the agenda for the Successor Agency to the Redevelopment Agency, reconvening the council meeting at 7:29 P.M. CONSENT CALENDAR: Council Member Vanderbilt removed Agenda Item Nos. 6, 9, 20, 35 and 36 from the Consent Calendar for further discussion; Council Member Murray pulled Item No. 22. Mayor Tait reported he would abstain on Agenda Item Nos. 13, 14 and 29 as his firm had worked with the parties within the past year. Mayor Pro Tern Kring moved 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 Murray. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt.) Noes — 0. Motion Carried City Council Minutes of March 22, 2016 Page 14 of 28 B105 3. Receive and file minutes of the Community Services Board meeting of November 12, 2015, Public Utilities Board meeting of January 27, 2016 and the Library Board meeting of February 8, 2016. D117 4. Approve the Investment Portfolio Report for February 2016. 5. Approve the recognitions to be presented at a later date recognizing former Orange County Grand Jurors (Connie Adams, Maureen Collins, Lynn Cudd, Irene David, D116 Michael Dresser, Burnie Dunlap, Johnnie B. Hitt, Maxine Marcus, Viola Sadler, and Virginia Zlaket), Superintendent Mike Matsuda, Anaheim Union High School District, Mr. Martin Burbank for his college tuition donation to the Rio Vista Elementary Kindergarten class, Mills Act recipients, proclamation declaring May 21, 2016, as Kids to Parks Day, and the East West Community Church on its 25th Anniversary. 7. Accept the 2015 Annual Housing Element Progress Report and direct staff to submit the D155 report to the Governor's Office of Planning and Research and the California Department of Housing and Community Development. 8. Approve a revised construction schedule for the Green Alley Bio-Infiltration Project from D175 FY 15/16 to FY 16/17 (15-ANAH-ECP-3755). 10. Accept the lowest responsive bid from AW Associates, Inc., in an amount not to exceed $75,000, for fuel tank testing and certifying services for the Public Works Department for D180 a one year period with up to four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #8677. 11. Accept the lowest responsive bid of Academy Electric, Inc., in an amount not to exceed $111,450 plus applicable tax, for electrical maintenance services in the Anaheim Resort Maintenance District for the Public Works Department for a one year period with four D180 one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #8682. 12. Award the contract to the lowest responsible bidder, Asplundh Construction Corporation, in the amount of$304,101, for the Kathryn, Woodley and Ranchito Street Lighting AGR 9890 Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 13. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of$608,835.65, for the Broadway Street Rehabilitation Project from 200 feet west of Harbor Boulevard to Anaheim Boulevard, authorize the Finance Director to execute the AGR-9891 Escrow Agreement pertaining to contract retentions and determine said project is categorically exempt under the California Environmental Quality Act. Due to a potential conflict of interest, Mayor Tait abstained on this item. ROLL CALL VOTE: AYES— 4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt). NOES— 0. ABSTENTION— 1: Mayor Tait. Motion to approve carried. 14. Award the contract to lowest responsible bidder, R.J. Noble Company, in the amount of $844,707.20, for the La Palma Avenue Rehabilitation Project from Potomac Circle to AGR 9892 Yorba Linda Boulevard, authorize the Finance Director to execute the Escrow City Council Minutes of March 22, 2016 Page 15 of 28 Agreement pertaining to contract retentions and determine said project is categorically exempt under the California Environmental Quality Act. Due to a potential conflict of interest, Mayor Tait abstained on this item. ROLL CALL VOTE: AYES— 4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt). NOES— 0. ABSTENTION— 1: Mayor Tait. Motion to approve carried. 15. Authorize the Purchasing Agent to issue a change order to purchase order with Veteran's Communication Services, Inc., in the amount of$42,819, to provide additional D180 labor and materials necessary to complete the renovation of the public address/intercom system at the Police Headquarters. 16. Authorize the Purchasing Agent to issue a purchase order to Mallory Safety and Supply D180 LLC, in the amount of$112,311, for a trailer mounted generator and related accessories for the Anaheim Police Department, in accordance with the competitively bid US Communities Cooperative Agreement 4400001839 contract pricing. D180 17. Ratify an emergency purchase order to South Coast Mechanical, Inc., in the amount of $35,795, for providing emergency work to clean and repair the chilled water system for the cooling towers at the Anaheim West Tower. D180 18. Ratify an emergency purchase order to Demaria Electric Motor Services, Inc., in the amount of$23,969.40, for providing repair services for the trane chiller custom motor at the Anaheim Convention Center, Hall C. D180 19. Ratify purchase orders to Rain Water Solutions, Inc., in the total amount of$83,380.66, for rain barrels for the Anaheim Public Utilities Department. 21. Approve and authorize the Public Works Director to execute Contract Change Order No. AGR-9431.0.3 3, and any related documents, with All American Asphalt Inc., in the amount of $3,000,944.48, to include the neighborhoods of Key Lane, Biscayne, La Reina, Athena, Devonshire, Jerrilee and Westmont in the work being done for the Residential Street Improvement Project, Group 6. 23. Approve Amendment No. 4 to Cooperative Agreement C-9-0448 with the Orange County Transportation Authority extending the terms of the agreement for an additional twelve AGR-5707.4 months with no change in project cost for the Anaheim Regional Transportation Intermodal Center project due to administrative closeout activities. AGR 9894 24. Approve an agreement with Anaheim Aquatics Association to utilize the Canyon High School pool to conduct public swim lessons for the residents of Anaheim for one year and authorize the Director of Community Services to extend the agreement upon the same terms and conditions for no more than ten additional one year terms, in accordance with Bid #213-JH-12/17/2015. AGR-9895 25. Approve the Agreement for Acquisition of Real Property with Raquel S. Orozco, in the payment amount of$8,900, for the partial acquisition of property located at 2202 West Grayson Avenue for the Brookhurst Street Widening Project from the 1-5 to the SR-91 freeway (R/WACQ2013-00470). City Council Minutes of March 22, 2016 Page 16 of 28 AGR-9896 26. Approve the Settlement Agreement and Waiver of Claims with Kim Doan, in the payment amount of$3,000, for partial acquisition of property located at 1325 North Catalpa Avenue for the Brookhurst Street Widening Project from the 1-5 to the SR-91 freeway (R/WACQ2013-00458). 27. Approve an agreement with the Orange County Superintendent of Schools, operating AGR-9897 the Inside the Outdoors program, in an amount not to exceed $39,700 per year, to AGR-9898 provide environmental awareness and water education programs, and related activities, to Anaheim elementary students for three years with the option to renew for up to two additional one year terms; and an agreement with The Energy Coalition (TEC), in an amount not to exceed $40,000 per year, to provide energy efficiency education, and related activities, to Anaheim elementary, junior high and high school students for three years with the option to renew or up to two additional one year terms, and authorize the Public Utilities General Manager, or designee, to execute the agreements, and related documents, with the Orange County Superintendent of Schools and TEC and take the necessary actions to implement and administer the agreements. P124 28. RESOLUTION NO. 2016-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11946, 11947 and 11948). 29. RESOLUTION NO. 2016-048 A RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11951, 11952 and 11953). Due to a potential conflict of interest, Mayor Tait abstained on this item. ROLL CALL VOTE: AYES—4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt). NOES— 0. ABSTENTION— 1: Mayor Tait. Motion to approve carried. D175 30. RESOLUTION NO. 2016-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM expanding Permit-Eligible Parking District No. 13 and designating Agate Street from Beacon Avenue to Ball Road as "Permit Parking Only" street within Permit-Eligible Parking District No. 13 and determine the action is exempt from the California Environmental Quality Act pursuant to Regulation No. 15061(b)(3). 31. RESOLUTION NO. 2016-050 A RESOLUTION OF THE CITY COUNCIL OF AGR-9899 THE CITY OF ANAHEIM ratifying and approving the actions of the Anaheim Director of Public Works, or designee, in submitting a grant application on behalf of the City of Anaheim, to South Coast Air Quality Management District, through the Clean Transportation Funding Program, and in accepting such grant funds on behalf of the City of Anaheim and approving inclusion of such funds in appropriate fiscal year accordingly (compressed natural gas maintenance facility modifications). D175 32. RESOLUTION NO. 2016-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works, or a designee, to submit a grant application on behalf of the City of Anaheim to the California Energy Commission for the Energy Partnership Program, and if awarded, authorizing the acceptance of such funding on behalf of the City and amending the budget accordingly (energy audit of City Hall and East Anaheim Community Center). City Council Minutes of March 22, 2016 Page 17 of 28 33. RESOLUTION NO. 2016-052 A RESOLUTION OF THE CITY COUNCIL OF D155 THE CITY OF ANAHEIM accepting title to certain real properties from the Successor Agency to the Anaheim Redevelopment Agency pursuant to the Second Amended and Restated Long Range Property Management Plan (related to Agency Item No. 01). M142 34. ORDINANCE NO. 6370 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Sections 11.10.150 and 11.10.160 of Chapter 11.10 of Title 11 of the Anaheim Municipal Code (Camping and Storage of Personal Property in Public Areas) and Section 13.08.020 of Chapter 13.08 of Title 13 of the Anaheim Municipal Code (Public Parks — Prohibited Conduct Generally) to give the City Attorney discretion to charge violations of Chapter 11.10 and Section 13.08.020.080 as misdemeanors or infractions. (Note: due to an inadvertent clerical error, this ordinance was renumbered to 6370 following the introduction and subsequent adoption, previously numbered 6365). END OF CONSENT: D116 6. Adopt the 2016 Legislative Platform that guides the City's support of or opposition to, state and federal legislation and authorize City staff to contact federal and state representatives to advocate for legislative proposals consistent with the goals outlined within the 2016 Legislative Platform. MOTION: Council Member Vanderbilt requested this item be continued to the next meeting to allow an open period for public input on the document, seconded by Mayor Tait. DISCUSSION: Mayor Pro Tern Kring asked how the public would provide input on state and federal proposals especially with a document that addressed issues as they emerged. Greg Garcia, Deputy City Manager, remarked this was a tool cities used as a guide for advocacy both in Sacramento and in Washington, D.C. to watch for areas of concern and for staff to provide regular updates to Council. He added that at times staff needed to be able to react and contact legislative members and representatives on certain issues that required immediate action. He added that most of the items were general in nature with an emphasis on making sure there was local control on key issues. Mayor Pro Tern Kring pointed out the city had a lobbyist in Sacramento and in Washington, D.C. for this purpose. Mayor Tait commented this document was posted for the first time last Friday and Council Member Vanderbilt was suggesting a continuance to let the public take a look at the city's legislative platform. Council Member Murray was willing to wait two weeks, however she pointed out there were major regulatory matters that could have far reaching impacts on Anaheim during this legislative session and waiting any further would prevent lobbyists from taking action. Council Member Vanderbilt remarked he was not asking or suggesting there be extensive outreach, but for the sake of transparency, he recommended posting this on the city's website for comments. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES - 0. This item was continued to April 12, 2016. City Council Minutes of March 22, 2016 Page 18 of 28 C280 9. Deny the Request for Rehearing submitted by Cerritos Neighborhood Concerned Citizens, Linda Owen and Stephanie Burglin, relating to the approval of Reclassification No. 2015-00280, Conditional Use Permit No. 2015-05804 and Tentative Tract Map No. 17882 and related actions by the City Council at its meeting on February 23, 2016. Council Member Vanderbilt pulled this item from the consent calendar as there were several speakers who asked for consideration of the matter. Mayor Tait remarked he had voted against this project as he believed there were too many units, the site plan should be reworked and he was particularly concerned about the back yard being too intrusive to the neighboring homes. Having said that, he stated there were certain criteria the city was held to in a zone change rehearing and he would not be able to make the case that it was not a fair hearing, so he would support staff's recommendation on this matter. Mayor Pro Tem Kring added that several speakers had mentioned the Esther Wallace letter explaining that the reason she read it at the previous meeting and the reason it was sent to City Council was because Ms. Wallace had experience with Silver Oak and believed them to be a quality developer and in her experience, the developer's project had always raised property values of the neighbors. MOTION: Mayor Pro Tern Kring moved to deny the request for rehearing as identified in Item No. 9, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES— 0. Motion Carried. 20. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing D180 Agent to issue a purchase order to Vigilant Solutions, in the amount of$69,994.80, for ten stationary automated license plate recognition camera systems to be distributed and deployed as needed for law enforcement use within Orange County. Council Member Vanderbilt remarked he had pulled this in response to a comment from the audience about this being a deterrent and he was wondering if there was any consideration to signage alerting the public that this program existed and this technology was being used in the city. Police Chief Raul Quezada remarked the department policy that specifically addressed the uses of this type of equipment was on the department's webpage. He remarked Anaheim was not the only city in the county using it, but Anaheim managed the program and shared information with other departments including other counties. As to whether a sign would be posted indicating that license plates were being captured, the Chief indicated that before overt or public cameras go up, signs would be posted. He added there were also times when the department could post they were using the device for a specific reason. Council Member Vanderbilt asked if this was a stationary mounted device, with the response given that the equipment was portable and could be moved to different locations. MOTION: Council Member Brandman moved to approve Item No. 20, seconded by Mayor Pro Tem Kring. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES— 0. Motion Carried. City Council Minutes of March 22, 2016 Page 19 of 28 At 7:47 P.M., Mayor Tait declared a potential conflict on the next item, Item No. 22, as his firm had worked with the County of Orange this past year and turned over the gavel to Mayor Pro Tern Kring and left the dais. 22. Approve an agreement with the County of Orange, in an amount not to exceed $99,750, for the Armory Emergency Shelter Program, which the County will assign to its AGR 9893 contractor Mercy House Living Centers, Inc. to fund approximately twenty-one additional days of shelter at the Fullerton Armory Emergency Shelter. Community Services Director Terry Lowe reported this was a request from Council Member Murray in anticipation of continued rainy weather in April to extend the operation of the Fullerton Armory homeless shelter through April 15 of this year and introduced Sjany Larson-Cash to present the staff report. Ms. Larson-Cash reported this item was an agreement between the city and the County of Orange to provide funding extending the winter emergency homeless shelter at the Fullerton Armory through April 15th of this year. Mercy House was the selected shelter operator for both the Fullerton and Santa Ana National Guard Armories with the actual operational dates dependent on funding allocated to the service provider by the County of Orange. This year the armory opened on November 30 and was scheduled to close March 26. Additional funding of $99,740 was requested by the city to keep the armory open an additional 21 days as El Nino weather conditions were expected to continue into April. In addition, the city of Santa Ana was contributing an equal amount to fund the continued operation of the Santa Ana Armory as well. Council Member Murray thanked staff for their efforts in making sure the shelter was available for the additional 21 days and asking that the homeless population be made aware of the extension. MOTION: Council Member Murray moved to approve Item No. 22, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 4: (Mayor Pro Tem Kring and Council Members: Brandman, Murray and Vanderbilt). NOES —0. ABSTENTION (CONFLICT)— 1: Mayor Tait. Motion Carried. At 7:52 P.M., Mayor Tait returned to the dais. 35. ORDINANCE NO. 6366 (INTRODUCTION) AN ORDINANCE OF THE M142 CITY OF ANAHEIM amending Table 8-C (Temporary Uses and Structures: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of Title 18 (Zoning Code) of the Anaheim Municipal Code to permit the Sale of Fireworks as a Temporary Use within the "C-G" General Commercial Zone, the "C-NC" Neighborhood Center Commercial Zone and the "C-R" Regional Commercial Zone of the City located on either side of Brookhurst Street and on all similarly zoned properties located west of Brookhurst Street subject to the requirements of Section 6.40.030 (Safe and Sane Fireworks Prohibited) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code, based upon the finding and determination that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because it will not result City Council Minutes of March 22, 2016 Page 20 of 28 in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project", as defined in Section 15378 of the CEQA Guidelines. ORDINANCE NO. 6367 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Sections 6.40.010 and 6.40.100 of Chapter 6.40 (Fireworks) of Title 6 (Public Health And Safety) of the Anaheim Municipal Code relating to the sale of safe and sane fireworks, based upon the finding and determination that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines and is not a "project", as defined in Section 15378 of the State CEQA Guidelines. Greg Garcia, Deputy City Manager, reported the ordinances before council would amend Title 6 of the Anaheim Municipal Code regarding the sale of safe and sane fireworks and amend Title 18 to permit the sale of fireworks in a second location in Anaheim. After the passage of Measure E by Anaheim voters in 2014, Council approved a safe and sane fireworks implementation plan last year that included the following ordinances: 1)A zone code ordinance that allowed for the location of firework sales, (Honda Center), 2) a sales and use ordinance that established rules and regulations for the use of fireworks, and 3) the establishment of a nonprofit program to benefit local Anaheim organizations. The two ordinances for Council's consideration would make minor amendments to the overall fireworks program. The first ordinance would amend Title 18 of the Anaheim Municipal Code to allow for a second fireworks store in west Anaheim to better accommodate nonprofits and schools whose supporters resided in that area. The second location would be located on Brookhurst within a commercial zoned property. He advised the Planning Commission approved the amendment to Title 18 on March 2. The second ordinance would amend Title 6 of the Code in order to decrease the amount of fines for safe and sane fireworks violations. The current fines for first, second and third offenses were proposed to be reduced from $500, $1000 and $1500 to $250, $500, and $1,000. Mr. Garcia added that the rules and regulations in place would remain the same, as listed: • The sale of safe and sane fireworks were only allowed during a designated sales period — proposed to be between the hours of 10 am and 10 pm on the 28th of June through July 3, and between 10 am and 9 pm on July 4th • The discharge of safe and sane fireworks in the city is only allowed on the 4th of July from the hours of 10 am and 10 pm. • Under the regulations, it would continue to be unlawful to discharge any fireworks, including safe and sane fireworks, on any property in the Wildland Urban interface fire area, specifically designed as any area in the city of Anaheim located east of the Costa Mesa Freeway and south of the Riverside Freeway. • Additionally, the ordinance made it unlawful to discharge any safe and sane fireworks in the following areas: any public properties, city parks, any property within a commercial zone and any property within an industrial zone of the city. • Enforcement violations and regulations prohibiting dangerous or illegal fireworks would remain the same, $1,000 for the first offense, $2,000 for a second and $3,000 for a third offense. Staff was recommending reducing the fines for violations of safe and sane City Council Minutes of March 22, 2016 Page 21 of 28 fireworks with the first offense being a $250 fine, the second would be $500 and the 3rd offense would be $1000. Late charges were also reduced accordingly. Mr. Garcia stated that with Council approval, the city would enter into a letter agreement with Anaheim Arena Management (AAR)for the coordination and management of the sales program and the program would continue to be open to all qualified organizations in Anaheim. He added the ordinance defined qualified organizations as any Anaheim-based tax exempt charity or nonprofit association in the city for at least one year and provided benefits and/or services to the citizens of Anaheim, a school located within Anaheim, or any student group club or organization in an officially recognized school. The agreement would once again provide the nonprofits with 30 percent of the gross fireworks sales and in addition AAR would remit 10 percent, not to exceed $100,000, of gross fireworks sales to the Anaheim Community Foundation (ACF) for support of local organizations. He pointed out the program was open to all nonprofits and they would not have to enter into a lottery to participate, they would also not be responsible for staffing their own stand, finding a location nor paying for insurance or other costs associated with staffing. He added that last year, 60 nonprofits signed up for the program and he anticipated more would take advantage of it this year. Mayor Tait indicated an earlier speaker mentioned that nonprofits were not allowed to hand out flyers at the sales site with Mr. Garcia responding that was true because logistically it would have been awkward to have 60 nonprofits getting the attention of buyers. He added there was no rule stating the nonprofits could not be off premises and with the second location there could be an opportunity for that. He added staff was trying to make it easier for the nonprofits by allowing them to get credit on smartphones and would be getting the word out to the nonprofits as early as possible to have them mobilize their supporters via social media and other methods. Mayor Tait stated that in many cases, he suspected the majority of fireworks sales were made by people not affiliated with a nonprofit and therefore receiving no benefit. Mr. Garcia responded there was a benefit in that 10 percent of the gross went to the Anaheim Community Foundation (ACF) and last year it was $33,000. Council Member Vanderbilt remarked the last time this issue was discussed, the original staff proposal had a provision that allowed for firework use off curb and in the street asking if staff had reexamined this issue from what it was proposed three weeks ago. Mr. Garcia responded that language had been stripped from the ordinance and it would remain as it was last year adding that he hoped to deal with potential issues with better outreach, communication, and education in advance of the holiday to ensure residents understood the rules. Council Member Vanderbilt addressed his next question to Item No. 36 with the City Attorney remarking, that both Items 35 and 36 could be discussed together; however, any action on the items should be done separately in case of voting differences. Council Member Vanderbilt remarked that the total amount of sales was $350,000 with 30 percent distributed to the nonprofits and 10 percent to the ACF, amounts he thought were significantly lower than the public anticipated based on Measure E campaign material. He asked if there was any thought given to going with another operator for the Brookhurst location that would supply manpower without costs to increase the amount of funds versus overhead. Mr. Garcia replied that one of the advantages of AAM was their ability to staff and provide an environment that the Fire Department could oversee and ensure sales were going according to rules and regulations, and in addition to that, having AAM run the second store allowed the program to remain as is with all nonprofits benefitting from a share of the sales. He added staff did not think that would be the case if the program was bifurcated. City Council Minutes of March 22, 2016 Page 22 of 28 Council Member Murray remarked that nonprofits had no out-of-pocket expenses for this program and they could count on a stream of new revenues each year dependent on how hard they worked to get the word out for their individual programs versus the first year when there was only a couple of weeks for nonprofits to advertise and most likely why the volume was so low. Mr. Garcia stated the Honda Center had a list of all who participated last year and may have already been in touch with them. Ms. Murray added that AAM was providing a secure location, staffing, materials, insurance and security at their own cost and unlike other fireworks sales programs out there, the nonprofits put out no expenses to participate. Mayor Tait added that if the public thought the nonprofits would have benefited so little from this program, they would not have voted for it, adding the most an organization made was $2,000, although most made less than $500. He added the OC Register called this program a dud and highly criticized it; he believed the nonprofits could do much better by a program run in the traditional manner, with stands run by sports team boosters, churches and the like all over the city, so he would oppose this item. Mayor Pro Tern Kring disagreed, explaining the difference was that every nonprofit in the city of Anaheim had an equal chance of receiving revenues in this program, while other cities used a lottery system for their nonprofits. She added that very few things start out great the first year and she believed this was a win/win for all and would enthusiastically support it. MOTION: Mayor Pro Tern Kring moved to introduce Ordinance No. 6366 and Ordinance No. 6367, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 3: (Mayor Pro Tern Kring and Council Members Brandman and Murray). NOES — 2: Mayor Tait and Council Member Vanderbilt. The ordinances were introduced. 36. Authorize the City Manager, or his designee, to enter into a letter agreement with AGR-8813.A Anaheim Arena Management outlining the manner in which fireworks sales will occur at the Honda Center and a second location in west Anaheim. MOTION: Mayor Pro Tern Kring moved to approve Item No. 36, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 3: (Mayor Pro Tern Kring and Council Members Brandman and Murray. NOES — 2: (Mayor Tait and Council Member Vanderbilt). 37. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a proposed M100 amendment to the City Charter to the electors at the General Municipal Election to be held in said City on November 8, 2016 (Measure No. _- Voter approval Required for Waiver, Exemption or Refund of Transient Occupancy Taxes (TOT) as Economic Assistance for Hotel Developments and for Time Extensions under TOT Agreements, aka the "Let The People Vote Amendment"). Mayor Tait explained that he had requested this item be placed on the agenda explaining several years ago there was petition to require voter approval of certain economic assistance for hotel developments and time ran out and the effort fell short to get the required number of signatures for the ballot. He did not believe subsidies worked and as the city had a program in City Council Minutes of March 22, 2016 Page 23 of 28 place in which a transient occupancy tax (TOT) incentive was a component and discussions were now taking place with potential hotel developers, he wanted the voters to weigh in on those proposals. He pointed out the city was already committed to GardenWalk Hotel for a $158 million incentive and three or four more hotel projects in the works would have a serious effect on the city's finances. He pointed out this was not a "bridge the gap" type of subsidy, it was a 20 year commitment of the city getting only ten percent of the TOT generated, with 70 percent rebated back to the developer and 20 percent going toward bond payments. The resolution before Council would ask the voters to decide and since Mayor Pro Tern Kring had supported the "Let the People Vote" initiative before the election, he hoped she would support it tonight. MOTION: Mayor Tait then moved to approve the RESOLUTION OF THE CITY OF ANAHEIM ordering the submission of a proposed amendment to the City Charter to the electors at the General Municipal Election to be held in said City on November 8, 2016 (Measure No. _- Voter approval Required for Waiver, Exemption or Refund of Transient Occupancy Taxes (TOT) as Economic Assistance for Hotel Developments and for Time Extensions under TOT Agreements, aka the "Let The People Vote Amendment"), seconded by Council Member Vanderbilt for purposes of discussion. DISCUSSION: Mayor Pro Tern Kring remarked she had supported the initiative but after looking at the figures, it did not make sense to her. She presented a historical perspective on hotel incentives going back to 1999 with a proposal for the current GardenWalk site, stating subsidies offered during those years were greater than the current policy that included 20 percent of sales taxes generated and was offered to 3-star hotels. She indicated the city only had two four-diamond hotels, the Disneyland Hotel and the Grand Californian with $700/night rooms and that a 4-star hotel brought in an average of$350 to $400 a night, or more when a big convention was in town. She also pointed out as far as the $158 million associated with GardenWalk, the city had not paid a penny because the hotels were not yet built and that would hold true until the hotels were operating. She pointed out the reality was hotel developers needed the subsidy because of the bank financing needed for construction; the developers could not wait for an election to find out if a project was moving forward and would not want the added expense of campaigning on their behalf during that election process and lastly, it would cost the taxpayers $300,000 or more for a special election. She would not support this resolution. Council Member Murray stated the marketplace had shown that 4-diamond hotels were not being constructed without a subsidy. She emphasized the city's economic analysis had also shown there would be a windfall of brand new revenues coming into the general fund and that Anaheim would be in a better cash position with those hotels and this policy in place. She added the policy was specifically crafted to attract 4-star hotels to add to the city's inventory of quality family hotels and capture revenues from visitors who sought out high-end hotels. Council Member Murray then requested the city manager utilize these strategies in west Anaheim, hire a consultant with expertise to study west Anaheim, and return with an economic and incentive- based policy to secure high-end retail entertainment and commercial investment that area had been requesting for some time. She then asked that the policy and recommendations be presented at the first meeting in July. Mayor Tait stated he had voted for Doubletree Hotel with a $7 million subsidy although he now felt differently and would not support it. He also voted against the Lake project and against the Fry's Electronics $5 million subsidy, pointing out as a consequence of that incentive there were City Council Minutes of March 22, 2016 Page 24 of 28 no longer small electronics stores operating in Anaheim. He believed the city's responsibility was to create a level playing field for businesses and that subsidies favored one and not the other. He pointed out that the General Fund revenue was $280 million for this fiscal year, and $80 million of that went back into the Resort District to pay for infrastructure investments, leaving the city with a net $200 million to pay for city services, and in reality it was not that significant of an amount when compared to Santa Ana with $230 million in general fund monies. He believed the 4-star hotels would take business away from existing hotels, like the Hilton or Marriott and Anaheim would actually lose tax monies. As to the reason Mayor Tait requested consideration of this item, he stated Mayor Pro Tem Kring had commented at one point she believed in letting the public vote on this issue and Council Member Vanderbilt had not offered an opinion and he thought there might be three votes in support of this item. Mayor Pro Tern Kring remarked that initially this policy was looking at an 80 percent rebate and she did state she would not support that, however, she met with developers and they agreed to reduce the subsidy to 70 percent. She underscored that Anaheim needed hotel rooms of all sizes and with the Heart Association, NAMM, and Natural Products conventions, the Regis and Montage in other cities were getting TOT revenues that should be going to Anaheim. The tourism industry reported Anaheim needed at least 2,400 four-diamond hotel rooms to keep up with the pace of tourism activity and she fully supported the hotel incentive program and did not want to miss this opportunity for the city. Council Member Vanderbilt inquired if the resolution was approved and set for the November 2016 election, would anything considered by Council prior to this action be impacted with City Attorney, Mr. Houston responding in the affirmative that any action taken by the City Council prior to the charter amendment would not be subject to these provisions. Mr. Vanderbilt inquired if approval of this item might spur activity for more economic development because the policy would end with Mr. Emery responding that he could not speculate as to how the development community would respond but he understood that these types of projects took years to plan. Council Member Vanderbilt mentioned that he had previous concerns about the language used, i.e., "Let the People Vote Amendment" asking for a more neutral title to be used with Mayor Tait remarking he would be agreeable to that amendment. Mr. Houston explained that in the title of the resolution, he would strike the works "aka Let the People Vote Amendment" and in Section 1 of the Charter Amendment measure, strike Title Section 1, the only two places where this language appeared. AMENDED MOTION: Council Member Vanderbilt amended the previous motion to strike the language referenced in the last clause in the title "aka Let the People Vote Amendment" and also section 2 of the proposed charter amendment, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 2: (Mayor Tait and Council Member Vanderbilt). NOES — 3: (Mayor Pro Tern Kring and Council Members Brandman and Murray). Motion Failed. Council Member Murray remarked if this item was approved, it would bring an end to any 4- diamond hotel development in Anaheim. She believed the revenue generated would be significant and put Anaheim in an ever better financial situation than it currently was without burdening taxpayers and she was prepared to vote. Mayor Tait disagreed remarking he had talked to hotel experts and this was a hot market for luxury hotels with the cost to build about a $350 a key (room) and selling for about $500 a room, a significant profit for the developer. He added if the market did not support high-end hotels, then maybe a 3-star should be constructed instead and the city would receive the total TOT generated by that hotel. Council Member City Council Minutes of March 22, 2016 Page 25 of 28 Murray responded that the economic analyses performed over the last five years showed the revenue stream to the city, even during subsidy years was superior to 2-star and 3-star revenues generated and so far there had not been a single applicant seeking to build a 4-star in this or any other city in the region without an incentive based program in place. She pointed out that each proposed development that comes before the city would require its own economic analysis and public hearing before any decisions were made. Mayor Tait stated those economic studies in the past were wrong; specifically speaking to the concept the city would make $450 million in taxes over 20 years with the GardenWalk hotels. He emphasized when 70 percent or$158 million would be reimbursed to the developer, ten percent to the city would be around $14 or$14 million, not $450 million. Council Member Brandman remarked that the first policy issue he participated in was in January of 2012 where he spoke in favor of the GardenWalk economic development agreement and he did so because the city was in desperate need of good locally hired jobs created by this assistance agreement. At that time business and labor came together in favor with no single dissenting voice from the public. He indicated robust conversation occurred over the next five months and the conversation led to this issue being the primary issue in the election of 2012 in which he was a candidate and this issue was vigorously discussed in mass mailings, door-to- door outreach and at candidate forums and in his opinion the people through their election of representatives already had an opportunity to vote on this issue. Mayor Tait stated this was a fundamental disagreement on the role of government, and in his view, government should create a level playing field for everyone and because it was a fundamental question, he believed the public had the right to vote on the subject of subsidies. Council Member Vanderbilt remarked that he had asked for an amendment to the motion earlier and it failed, asking Mayor Tait if he would withdraw the original motion and reintroduce it striking the language he requested. Mr. Houston, City Attorney, remarked that once a motion was made and seconded it then became the property of the legislative body and needed action in order to dispose of it. ROLL CALL VOTE for Mayor Tait's motion to approve the resolution as presented and seconded by Council Member Vanderbilt: AYES— 1: (Mayor Tait). NOES —4: (Mayor Pro Tem Kring and Council Members: Brandman, Murray and Vanderbilt). Motion Failed. PUBLIC HEARING: 38. This is a public hearing to consider the proposed vacation/abandonment of portions of P110 excess street right of way adjacent to 1110-1150 North Anaheim Boulevard and 115-125 AGR-9900 West La Palma Avenue and approval of purchase agreement for excess right of way and remnant parcels (Abandonment No. ABA2015-00324). RESOLUTION NO. 2016-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating portions of excess street right of way adjacent to 1110-1150 North Anaheim Boulevard and 115-125 West La Palma Avenue (Abandonment No. ABA 2015-00324). Approve and authorize the Public Works Director to execute the Purchase Agreement with The La Palma Village Project Owner, LLC, in the amount of$1,050,000, for the sale of excess right of way and remnant property, authorize the Mayor to execute the Quitclaim Deed, authorize the Public Works Director, or her designee, to execute any City Council Minutes of March 22, 2016 Page 26 of 28 other documents, including escrow documents, as required to close escrow and authorize the City Clerk to deliver the resolution and Quitclaim Deed to escrow for recordation in the Orange County Recorder's Office. At 9:16 P.M., the public hearing on the proposed vacation and abandonment of certain portions of excess street right of way adjacent to 1110-1150 North Anaheim Boulevard and 115 — 125 West La Palma Avenue was considered. Natalie Meeks, Public Works Director, reported this item was related to the disposition of property at the corner of La Palma and Anaheim Boulevard resulting from a previous council meeting in which a development project was approved for housing in that area and the developer worked to acquire excess street right of way, easements and some excess redevelopment property now owned by the Successor Agency to the Anaheim Redevelopment Agency. These pieces of property would be combined and included in the development of that corner. Ms. Meeks stated as part of that negotiation, the intersection would be realigned and provide some additional pedestrian improvement and staff had negotiated a purchase price for the property of about $1 million and requested moving forward with transfer of the property to implement that development project. Mayor Tait opened the public hearing for comments. William Fitzgerald opposed this item, stating it would make an already congested traffic area worse. He pointed out the staff report indicated there was a higher assessment made for this property than the proposed purchase price of$1 million and the public had the right to know that figure. He then offered his perspective on staff and why Council would approve the request. Mayor Tait acknowledged the courts allowed offensive, profane language at the podium, however, he objected to personal comments against staff and offered an apology to all who had to listen. Victoria Michaels, resident, objected that Council Member Brandman's focus was on his computer screen rather than giving his attention to public speakers. As a point of personal privilege, Council Member Brandman explained the agenda and related exhibits were on the computer screen and the reason why council members turned to their screens at times for reference. Cynthia Ward thanked Mayor Tait for objecting to Mr. Fitzgerald's comments because to watch those statements go unchallenged made it appear Mr. Fitzgerald was equal to all other speakers who came before the city, which was not the case. She underscored there were a lot of citizens that did not agree with him. Council Member Vanderbilt inquired if Ms. Ward had an opinion on this public hearing item with Ms. Ward responding that she did wonder about the fact there was an appraisal made that appeared to be higher and that the city was adjusting the purchase price down but did not bring it up because she did not want to be associated with Mr. Fitzgerald. Mayor Tait stated that question would be asked. Bobby Donelson, resident, added that he was also curious about the comment referencing a high appraisal and that the public would be interested in knowing the details. With no other comments offered, Mayor Tait closed the public hearing. City Council Minutes of March 22, 2016 Page 27 of 28 Mayor Pro Tem Kring requested staff address the items of concern from the public about the appraisal. Public Works Director Natalie Meeks remarked both the city and the developer retained their own appraisers; the city's came in at approximately $1.3 million and the developer's appraiser was about $300,000, a significant difference in a complex appraisal with a number of different parcels in the land transaction. Some of the parcels had easements, some contained utilities which required a deduction for the cost of relocation along with the cost of acquiring the land. In addition, the developer would widen La Palma and improve pedestrian connections at that corner; and, collectively the city negotiated the purchase price to $1,050,000, a fair value based on the cost of relocation and improvements. Council Member Vanderbilt asked if there was ever an instance when appraisals were based on the intended use because that is what the buyer wanted to do with the land, adding that at one time this property was open space. Ms. Meeks responded it was appraised as commercial property because it was zoned as such at the time the appraisal was made, and not appraised as residential. She added it was typically done in this manner as it was the developer's risk to get the property rezoned; the city did not take on that risk, but transferred the property to the developer. Mayor Tait asked if the city was receiving top market value for this property with the Ms. Meeks replying the city would receive fair value and the dollar amount was closer to the city's appraisal and the decreased cost took into account the relocation of utilities and the improvements needed for the project. Mayor Tait asked if this was the best price the city could get for the property with Ms. Meeks responding the best value is in what could be done with the property by adjoining it to other land, as there was not much use in the land by itself, an odd configuration made up of a number of small parcels and not really large enough to accommodate a significant development. The appraiser looked at the highest and best use of the property which was adjoining it to adjacent property but that would limit the number of buyers which translated to some reduction in value because the pool of buyers was limited. She added, in her opinion, the city was receiving fair value for the land. MOTION: Mayor Pro Tern Kring moved to approve RESOLUTION NO. 2016-053, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating portions of excess street right of way adjacent to 1110-1150 North Anaheim Boulevard and 115-125 West La Palma Avenue -Abandonment No. ABA 2015-00324, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). Motion Carried. REPORT ON CLOSED SESSION ACTIONS: City Attorney Michael Houston reported the following: Regarding Item No. 2 on the closed session agenda, City Council authorized the City Attorney to initiate litigation by a unanimous vote, stating that once the case was initiated, the city on inquiry would disclose information as required by law. Referencing Item No. 3, the City Council authorized the City Attorney to initiate litigation and file cross complaints against the Magnolia School District and All City Management Services and directed staff to explore tolling such litigation against the school district as deemed appropriate by the city attorney if agreement as to tolling could be resolved. Mayor Tait, referencing closed session Item No. 4, reported the City Council unanimously accepted the resignation of City Attorney Michael Houston effective April 29, 2016, waiving the City Council Minutes of March 22, 2016 Page 28 of 28 60 day noticing requirement and thanked Mr. Houston for his professionalism and dedication while serving in this capacity and congratulated on his new position. COUNCIL COMMUNICATIONS: Mayor Pro Tern Kring thanked Michael Houston for his service and announced the Anaheim Family YMCA Good Friday Breakfast to be held on March 25. She spoke of her attendance at the annual Volunteer Recognition Luncheon and the National League of California Cities Conference in Washington. She highlighted the success of a new trolley program in Washington, DC and requested a proclamation to recognize Jonathan Esquivel, USA Olympic Boxer, as well as the April 7 Cops 4 Kids Foundation fundraiser to support his Olympic journey. She announced the Anaheim Performing Arts Gala on April 7 and the Police Department's open recruitment for officers and encouraged interested candidates to apply. Council Member Vanderbilt spoke of his attendance at the Police Department's weekly accident analysis meeting regarding making streets safer and the annual Volunteer Recognition Luncheon, the Rose Bush community meeting, and Public Works' street car open house at ARTIC. Council Member Murray reported her attendance at the National League of California Cities Conference in Washington and announced the unveiling of the K-9 Monument at the La Palma Dog Park on April 3. She requested an economic incentive policy for west Anaheim to be placed on the agenda for the first meeting in July and also requested the meeting adjourn in memory of the victims in Belgium. Council Member Brandman requested a proclamation to recognize Anaheim resident Don Mitchell, educator, for his years of dedication and service to students and announced the Anaheim free Health Fair to be held on April 2 -3, 2016. Mayor Tait spoke of his meeting with the Mayors, city managers and planning directors of Stanton and Buena Park regarding the Beach Blvd Coalition. He requested staff look into a pedestrian pathway along Santa Ana Canyon Road from Mohler Drive to the Festival shopping center and spoke about his attendance at Katella High School where he participated in a civic engagement event with high school seniors. ADJOURNMENT: At 9:58 P.M., the March 22, 2016 meeting was adjourned in memory of the victims in Belgium. ft,ctfully submitted, r fral°00 Linda N. Andal, CMC City Clerk