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05/17/2016 ANAHEIM CITY COUNCIL REGULAR AND REGULAR AJOURNED MEETING OF MAY 17, 2016 The regular meeting of May 17, 2016 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 May 17, 2016 was called to order at 4:02 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 May 13, 2016 PRESENT: Mayor Tom Tait and Council Members: Lucille Kring, Kris Murray and James Vanderbilt. Council Member Jordan Brandman joined the meeting during closed session. STAFF PRESENT: City Manager Paul Emery, Senior Assistant City Attorney Kristin Pelletier and City Clerk Linda Andal. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION ITEMS: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Pech v. City of Anaheim, et. al., OCSC Case No. 30-2014-00739259 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representatives: Bill McLeod, Jason Motsick Name of Employee Organizations: Anaheim Police Management Association, Anaheim Municipal Employees Association, General and Clerical Units, and Teamsters, Local 952 3. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: One potential case. At 5:08 P.M., City Council returned from closed session and the meeting was reconvened. INVOCATION: Jimmy Gaston, Church of Christ FLAG SALUTE: Mayor Pro Tem Lucille Kring PRESENTATIONS: Proclaiming April 2016, as Arab American Heritage Month and recognizing Hussam Ayloush, Belal Dalati, Nahla Kayali, Nesrine Omani, and Rashad Al-Dabbagh Mayor Tait recognized members of the Arab American community in Anaheim for the kindness and services they provided to new immigrants. Recognizing WaterSmart Landscape Award Winners City Council Minutes of May 17, 2016 Page 2 of 22 Sandra Sagert, Anaheim Beautiful, recognized three residential homeowners and three businesses that participated in the turf removal program, replacing lawns with native landscaping and low water use gardens. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming May 15-21, 2016, as Peace Officers Memorial Day and Police Week Police Chief Raul Quezada accepted the proclamation honoring fallen police officers and in appreciation of those who served to protect the Anaheim community. Proclaiming May 15-21, 2016, as National Prevention Week Proclaiming May 15-21, 2016, as Public Works Week Natalie Meeks, Public Works Director, recognized the men and women of the Public Works Department, highlighting this year's theme of"Always There", stating she appreciated being part of this Department for so many years. Proclaiming May 15-21, 2016, as National Women Veterans Recognition Week Proclaiming May 21, 2016, as Armed Forces Day Proclaiming May 21, 2016, as Kids to Parks Day Proclaiming May 22, 2016, as Harvey Milk Day Proclaiming May 24, 2016, as Eritrean American Independence Day Yohanna Salalet accepted the Eritrean American Independence Day proclamation, remarking it was an important event for Eritreans in their 30 year struggle for independence and would be celebrated on that day, offering invitations to the city council for a May 24th event. Proclaiming May 30, 2016, as Memorial Day Proclaiming June 2016, as Lesbian, Gay, Bisexual and Transgender Pride Month Porfi Alanis accepted this proclamation on behalf of the LGBT community, remarking there would be a celebratory parade in Santa Ana on June 25th to mark this event. At 5:27 P.M., Mayor Tait called to order the Successor Agency to the Anaheim Redevelopment Agency (for a joint public comment session with the Anaheim City Council). ADDITIONS/DELETIONS TO THE AGENDAS: City Clerk Linda Andal report Public Hearing Item No. 32 was withdrawn by the applicant. PUBLIC COMMENTS (all agenda items, except public hearings): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk, Linda Andal. She further announced a new public comment queuing system was being implemented this evening, to allow the public who had prepared comments to line up at the podium as their name appeared City Council Minutes of May 17,2016 Page 3 of 22 on the screen and for greater meeting efficiency. The queuing system provided the names of speakers visible in the Council Chambers and in the lobby/overflow room. Cecil Jordan Corken addressed the right of freedom of speech and the effect on local, regional and national elections. Frances Noteboom, short term rental owner/resident, took exception to being characterized as a nuisance or detriment to public safety and welfare, remarking that City Council had created a short term rental (STR) ordinance, she and her husband had received a permit to do business in Anaheim. She pointed out that the real nuisance and detriment to public welfare was gang activities, drug violations and the violence that recently took place in Anaheim. Ms. Noteboom submitted her full comments for the record. William Fitzgerald offered his perspective on the ethics of city elected officials and his personal views on recognizing Arab American Heritage month. Luisa Lam, resident, supported a special meeting for the STR ordinance on June 9th that had been mentioned earlier. She added that last Tuesday she and other STR opponents spoke to the Anaheim Union High School District board that unanimously supported a resolution requesting Anaheim take action to address and ameliorate impacts of short term rentals to schools and communities. She added that Loara students also conducted a presentation on how STRs were negatively impacting schools and neighborhoods. Mark Connor, Pharmacy Board Shop, spoke in support of Agenda Item No. 7, two skate parks planned for Schweitzer and Palm Lane Parks, and how it would positively benefit the youth in those neighborhoods. Mark Daniels found it difficult to understand Mr. Fitzgerald's mindset regarding comments he made of some of Anaheim's youth as they spoke in support of their family and religion. He also recommended a proclamation celebrating Anaheim's homeless advocates be prepared and that the city focus its attention on this significant issue in Anaheim. Lynn Cudd, long-time resident, remarked she raised her family across from Sunkist Library for 27 years and recently three homes had been converted to STRs, which changed the tone of the neighborhood and she urged Council to consider these impacts when making their decision on the STR issue. Rene objected to code enforcement's actions against the homeless population that cited and removed homeless properties, and the Anaheim Police Homeless Liaison compounding the problem. Regarding Cara Sandoval, she pointed out Ms. Sandoval was found not guilty and her arresting officer was found guilty of unlawful arrest. Jose Navarro, Katella student, pointed out there was heavy traffic on Citron Avenue at Benjamin Franklin Elementary School every morning due to rushed parents dropping off children in areas that caused problems by making illegal U-turns and causing other parents to wait. He recommended adding more police officers to Citron and Sunkist to help avoid accidents. Mayor Tait requested Police Chief Quezada take note of this problem. Darryl Strong, Katella student, addressed gang loitering in public parks used as hangout spots or for potential criminal activities. He recommended more frequent police patrol of city parks and for Council to make safety a priority. Mayor Tait suggested the student provide specific details to the Police Chief. City Council Minutes of May 17, 2016 Page 4 of 22 Jill Bolton, Disneyland Resort Corporate Citizenship Program, announced Disneyland was committed to supporting and enhancing open space for Anaheim kids and their families and for the past five years had partnered with KaBOOM to build seven new playgrounds in the city. She also highlighted projects that Disney provided monetary and volunteer donations. She added Disney valued its partnership with the city and the community and was proud to call Anaheim home. Melissa Cardenas, Katella student, spoke about traffic and cars blocking visibility that made it difficult to see cars entering or exiting a certain neighborhood. She suggested painting the intersection curbs red to increase safety for drivers and pedestrians. Antonio Abarca, Katella student, announced that parking was a huge issue for students and residents going to and from school and/or work adding to the stress of everyday life. Mayor Tait concurred that parking was a big issue and that the city was seeking solutions and provided his email address for those submitting potential solutions. Jillian Romo, Katella student, stated La Palma past Sunkist and parts of State College Boulevard were patchy and bumpy and not in the best condition for travelers. Mayor Tait referred the locations to Public Works Director, Natalie Meeks. Valerie Sandara urged the city to build shelters to house the homeless living in parks, near freeways and riverbeds. Mayor Tait responded the county was constructing a shelter off Kraemer just north of the 91 freeway that would have over 200 beds and various services to help as part of the efforts to rehouse and serve the homeless. Paul remarked he was one of the homeless living in parks and objected to police officers taking his belongings, remarking it just further oppressed the homeless and was not helpful nor was the practice of citing the homeless who left their property in parks to attend church meal services. R. Joshua Collins, Homeless Advocates for Christ, objected to the city proclaiming June as LGBT month and to the continuing harassment of Anaheim's homeless population, citing specific instances of concern. Lou Noble remarked that safe zones or tent camps had been offered in Ontario and Hawaii, efforts that had been proved successful and saved the expense of immediate housing and enforcement costs. Mayor Tait requested Mr. Noble participate in a meeting to be scheduled through his office to include the city manager, police chief and code enforcement to discuss the issues raised. Derinda McCashland spoke to the traffic study underway for Sunkist between Lincoln and Ball and the area between South Street and Wagner and the raising of the speed limit from 35 to 40 mph. She remarked that the city should be policing the area, not raising the speed limit because there was nothing there except schools, churches and residences. She reported there had been 129 car collisions in the area between South and Wagner in a three year period, with half of those accidents having injuries and asked the city to rethink raising the speed limit especially near the elementary school. Fernando Moran, Katella student, remarked Anaheim's parks were not in the best of conditions with soccer fields mostly dirt and playgrounds a danger to children because the layering over the playgrounds was made up of small pieces of wood that caused splinters when children fell City Council Minutes of May 17,2016 Page 5 of 22 on them. In addition, the bathrooms were rarely used by the public because of the unsanitary and unsafe appearance. Maria Rodriguez, resident, stated that once the sun set, the only source of lighting in many neighborhoods was from headlights. She felt it would be helpful for those who exercised in the evenings to have more lights. Mayor Tait remarked that the city was replacing a number of the aging street lights with LED lights that were brighter and more cost efficient, and that if Ms. Rodriguez had specific areas of concern, to pass that information on to the Public Utilities General Manager, Dukku Lee. Leslie Hernandez recommended additional police patrols throughout neighborhoods to address speeding vehicles or the placement of speed bumps that would allow children to play safely outside with their neighbors. Jason Sandoval objected to the behavior of police towards teenagers, not only from Anaheim, but in Costa Mesa and Garden Grove, adding they should serve and protect, and not act as another gang in town. Duane Roberts, resident, urged a ban on all STRs in Anaheim because of their destructive impacts on neighborhoods remarking neighborhoods and the public should take precedence over profit. Jazzlene Beltran, Katella student, spoke to the issue of parking in her neighborhood, remarking it was challenging for her parents to find parking after work because of spill over parking that occurred in the adjacent neighborhoods, forcing them to park further and further away from home. Angelica Guerra addressed a parking situation, an area in which the city recently created parking spaces in front of an apartment complex and along other streets, but actually did not help the situation because residents removed vehicles from garages and now parked them permanently in these newly created spaces. She asked council to address this issue and allow everyone an equal opportunity to park in the parking spaces and to find a solution to the issue that worked. Casandra Rocha, resident behind Boysen Park, suggested more park rangers be used at night in Boysen Park for those residents who ran or used the park during the evenings. Mayor Tait requested Ms. Rocha speak to Community Services staff to identify the specific areas of Boysen that needed lighting. Argelia Lopez remarked since the Packing House was opened, parking in the downtown area was a bigger problem than before and she felt there should be sufficient parking for all residents. April Gonzalez thanked Council for reallocating resources away from the Tennis Center to improvements to city parks, remarking Boysen Park was in need of better restrooms and better lighting, Gustavo Morales, Katella student, supported STRs, remarking it was an opportunity for homeowners to generate income and to attract tourists to Disneyland who were on a budget. City Council Minutes of May 17,2016 Page 6 of 22 Daniel Garcia discussed the issue of graffiti, remarking the graffiti hotline effort was not enough to solve the problem and suggested hiring additional graffiti removal staff to clean up, create additional jobs, and improve the aesthetics of Anaheim. Kelly Garbay requested additional lighting in Anaheim parks to address safety concerns for residents as well as additional trash cans and benches for seating. Mayor Tait asked for specific areas to be identified to park staff. Lorri Ferguson, resident, addressed her comments to Agenda Item No. 7, the skate parks to be built at Schweitzer and Palm Lane Parks. She indicated that Palm Lane Park was a small greenbelt area with no parking, no bathrooms, poor lighting and a location that received little attention from park rangers unless residents like her called to complain. She felt Palm Lane Park was too small to support a skate park and that it would increase the level of noise, trash, graffiti, street parking violations and petty crime that currently plagued this area. She had talked to Community Services Department staff about her concerns and if the city still felt this park was needed for before and after school and summertime use, she recommended the proposed skate board zone be relocated to nearby Willow Park on West Crone Avenue as it had the size and amenities that could better support the users of a new small skate park. Nohe Cornejo, Katella student, remarked he lived with his family in an apartment at East Santa Ana/Kroger Street and had a problem with a neighbor who played in their garage, DJ sized stereos late at night, causing him difficulty sleeping. His parents complained to the Police Department but had no response and had also tried to talk to the neighbors who were not receptive to their request. Mayor Pro Tern Kring suggested Noah meet with the Police Chief in the lobby to discuss his options. Bobby Donelson, Sherwood Village, remarked the city sought input from STR owners but not from neighbors with regard to the amortization period of existing businesses, adding he thought it should be 30 days from the time the proposed ordinance was approved. He stated he had lost confidence in city staff whose main concern was protecting existing STRs that should never have been allowed in residential areas in the first place, adding that the city's first priority should be with its residents and neighborhoods. He pointed out that Santa Monica approved an amortization period for their STRs, 30 days after the passage of their ordinance banning the businesses, while Manhattan Beach gave a longer period, passing a ban in June and allowing the remainder of the year for the amortization of existing rentals. He urged the ban of all current and future short term rentals with an amortization period for permitted businesses of 30 days after passage of an ordinance. Mike Eveland stressed that he had spoken out against STRs many times since STRs became a problem in his neighborhood and he was disturbed that it had taken this long for a decision and was worried about the outcome. Diana Garcia, Katella student, spoke to the challenges of finding handicapped parking for her family, stressing there should be more handicapped parking citywide. Jeanine Robbins, resident, remarked there was a meeting last night because residents were not happy with the way staff handled the STR issues. She stressed that hundreds of people including residents, teachers, students, clergy, hotel workers and politicians had voiced their frustration at the city for allowing STRs to operate in residential zones. Mike Robbins thanked neighbors, union workers, clergy and teachers who came out to protest this evening in an effort to ban STRs and support neighborhoods, families, schools and quality City Council Minutes of May 17, 2016 Page 7 of 22 of life in Anaheim. He emphasized that the community intended to stay involved to listen and understand issues and influence decisions going forward. Cynthia Ward, resident, addressed Item No. 1, remarking the city was paying out $800,000+ a year for monitoring and maintaining a system that looked at gases expelled at the Westgate Center, asking who was in charge of monitoring and maintaining the site. She objected to Disneyland hosing down pavement within the park and getting an exemption from the water district to do so, claiming they recycled the water. She emphasized the water was not recycled; Disney still used tap water and washed it into the sewer system where taxpayer's funds then recycled it, and requested the city address that issue. Regarding budget hearings, she asked that the city identify the departments that would be speaking on their specific budgets to make it easier for the public to comment. Regarding the upcoming hotel subsidies, Ms. Ward stated that the feasibility gap requirement had been removed and Mayor Pro Tern Kring had consistently stated that subsidies would be granted only if needed. Otherwise, she added, this would be a give of public funds, $144 million removed from Anaheim's economy forever by a Chinese investor. Arturo Ferreras, now residing on Palais Road, remarked that his neighborhood was a speed corridor on Euclid, from Loara to Palm Lane, and living there for just one week, he had seen cars at 40, 50 and 60 mph speeding in a neighborhood that contained three schools. He added that among the 41 homeowners in his neighborhood, 39 signed a petition for speed bumps and many were here to show their support. Regarding STRs, he remarked that coming from the Pepperwood and Kaleidoscope communities, he and residents would continue the struggle to ban the STRs and gain back their neighborhoods. Marian Garnica, Katella student, spoke to improving parks and public restrooms, pointing out the need to maintain fields and grassy areas and to remodel and update bathrooms, including the addition of privacy doors. Dale Janisch, Kaleidoscope Condominium Association, stated the five member board was made up of two owners who were residents, two STR owners and a long-term rental owner (Mr. Janisch), remarking the board unanimously submitted this letter to the City Council in the belief there would ultimately be a ban on STRs. The board was asking for an exemption on STRs in their specific condominium complex because they increased property values and the units that were once upside-down, were no longer a problem. He added that it did not make sense to have a 12 bedroom home on a cul-de-sac of 4 bedroom homes, but for Kaleidoscope, the STR business worked and he hoped Council would consider this letter in their final decision. Letter submitted for the record. Brenda Garcia, Katella student, stated that parking in her neighborhood was an issue because of spillover parking from other neighborhoods and residents placing trash cans curb side to save parking spaces. She asked for help from the city. Diana Robledo remarked not only was there a shortage of parking in her community but it was becoming serious when altercations occurred over parking. She encouraged City Council to find solutions for bigger parking structures. Sarah Mendoza, Katella student, remarked when a transgender person used a gender specific restroom, problems occurred such as teasing, harassment, embarrassment as well as actual harm. She added that people did not want to be stereotyped asking that non-gender specific restrooms be available at city buildings, offices and entertainment venues. City Council Minutes of May 17,2016 Page 8 of 22 Catherine Zane, Katella student, adopted two dogs from the Orange County Animal Shelter, remarking she hoped there was a way to find a new location for the shelter large enough to hold more animals and give them a greater chance for adoption, resulting in the euthanization of less strays. Diane Espinoza, Katella student, recommended more playground equipment at Boysen Park, plus an outdoor fitness course for parents to take advantage of when they took their kids to the park. Lastly, she would like to see doors on the restrooms as well as improved maintenance of the restroom structure. Justin Thao Paset offered a suggestion to cut down the incidence of graffiti by offering an art center, a wall of expression for those youths interested in Anaheim's cultural diversity and artistic appreciation. Jorge Lozano, on behalf of the students at Katella, thanked City Council for redirecting some of the funds for the Anaheim Tennis Center to the surrounding parks of Anaheim. Regarding bike lanes, he thought Sunkist, Ball Road, Lemon Street, La Palma Avenue and Anaheim Boulevard would benefit from the addition of bike lanes as well as lanes around school areas because many students' only method of transportation was bicycles. Mayor Tait responded that the city was working on a major bike plan, asking staff to take into consideration the specific streets noted by Mr. Lozano. Dan Paredes, CSUF student, remarked he had been homeless when he was 16 and never received any help from his city, although the Anaheim Union High School District and the McKinney-Vento federal program had come to his aid. He recognized the homeless situation was something that could not be fixed with one solution, but urged the city to do what it could to help the homeless. Eddie Hanna, W. La Entrada Circle, stated permit parking on Olive, North and West had been approved and his little cul-de-sac which was less than 100 yards was initially approved, but was now put on the back burner. He stated nine out of the 11 homes approved a petition for permit parking and he hoped it could be implemented as soon as possible and was here to bring it back to the city's attention. Mayor Tait responded that parking was a big issue in the city and it had been addressed with parking permits to maintain the neighborhood integrity, but a consequence of that was it pushed the parking issue out to other streets. He noted the Director of Public Works was here and would take note of his street, adding that it might be in the queue and ready to happen. Ron Michalsk, resident of La Entrada Circle, spoke in support of permit parking as well. Cecilia Ann Wilkes remarked that after the passing of her father, she sold her family's home in Sherwood Village to an owner who turned the unit into a short term rental. She pointed out that originally, Sherwood Village was established as a retirement home for those 55 years and older adding that some of those rules had changed over the years. She was concerned that renters did not have a vested interest in the community and expressed concern for residents who still lived in the complex. Regarding Palm Lane Park, for people walking their dogs at night, she reported the lighting was so poor and it had become a hang out place for teenagers and possible drug deals. Leslie Hernandez stated she lived in the gated apartments near the Convention Center, an area that contained 252 apartments with each apartment having 2-3 cars and sharing parking not only with apartment dwellers but with Convention Center attendees who did not want to pay City Council Minutes of May 17,2016 Page 9 of 22 parking fees. She added that verbal and physical fights had occurred and she would like to see this issue resolved by providing permits to residents who lived on those streets. Victoria Michaels, resident, thanked the restaurants that contributed gift certificates for the 13th MEU 5K/10K fundraiser scheduled for May 21st. Last year, this nonprofit, established by Carolyn Walters, donated $65,000 in scholarships to Camp Pendleton marine families, with Ms. Michaels remarking she should be recognized by Council for her kindness. She also pointed out that in April, Council had approved a 10 years contribution for a new Orange County animal shelter, stating that not all cities agreed to participate resulting in higher fees for the city of Anaheim. Brian Chuchua appreciated Mayor Tait's recent letter in the newspaper related to hotel subsidies to alert the community on what's happening in Anaheim. Jeanette Crether spoke in recognition of National Police Week, expressed her appreciation to Anaheim's police officers for their service to the city. Fred Cornejo, resident, appreciated the difficult job of City Council dealing with issues that affected so many. Regarding STRs, he suggested funding resources for enforcement would be put to better use towards additional police officers in the city. He strongly opposed STRs because of their impacts on neighborhoods and urged a ban on existing and future short term rentals in the city. COUNCIL COMMUNICATIONS: Mayor Pro Tern Kring addressed comments regarding increasing the number of police officers in Anaheim, reporting it had been a priority of the Council to hire 10 officers a year for a 4 year period and recruitments were ongoing in that process. She pointed out that for every 100 applicants received, only one or two met Anaheim's standards and reached the hiring stage. Council Member Vanderbilt responded to comments regarding issues relating to permit parking and requested staff look into options to generate more parking spaces, such as diagonal parking vs. parallel parking to avoid spillage into other neighborhoods which might bring some relief to those neighborhoods. Mayor Tait thanked the students of Katella High School for their civic participation and to address their concerns regarding restroom conditions at city parks, he requested that a discussion item for the June 21 meeting be agendized regarding upgrades to park restrooms. Mayor Tait further requested a discussion regarding the City's advertisement policy in the Anaheim Magazine also be placed on the June 21 agenda. CITY MANAGER'S UPDATE: Paul Emery, City Manager, thanked Natalie Meeks for her years of service to Anaheim, remarking this would be her last city council meeting. He announced the upcoming budget presentations to be held on June 14 and 21 at 3:00 P.M. to discuss police staffing and city park challenges. At 7:28 P.M. the City Council session was recessed to consider the Successor Agency agenda and reconvened at 7:29 P.M. City Council Minutes of May 17,2016 Page 10 of 22 CONSENT CALENDAR: Mayor Tait removed Item Nos. 3 and 7 from the consent calendar for further discussion and Council Member Vanderbilt pulled Item No. 25. Mayor Pro Tern Kring then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, in accordance with reports, certifications and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member Murray. Roll Call Vote: Ayes—5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt.) Noes—0. Motion Carried D117 4. Approve the Investment Portfolio Report for April 2016. 8105 5. Approve the Anaheim Workforce Development Board Recertification Request for program years 2016-2018, under the Workforce Innovation and Opportunity Act as a requirement of the State to recertify once every two years. D129 6. Adopt the amended City of Anaheim Hazardous Materials Area Plan, as revised in September 2015. D180 8. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to utilize the cooperative U.S. Communities, Contract#GENRL-20144654-00 to issue a master agreement to KONE Inc., in an amount not to exceed $350,000, for elevator and escalator maintenance and repair services at the Anaheim Convention Center for a one year period with two one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options. 9. Award the construction contract to the lowest responsible bidder, All American Asphalt, AGR 10063 in the amount of$589,270, for the Santa Ana Street Improvement Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 10. Award the construction contract to the lowest responsible bidder, The Stone Collector, in the amount of$455,500, for the Edison Park Improvements Project and direct and AGR-10064 authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 11. Award the contract to the lowest responsible bidder, Hot Line Construction, Inc., in the amount of$11,839,990, for the construction of the Underground District No. 63 AGR-10065 Lincoln/Rio Vista Project and direct and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 12. Award the contract to the lowest responsible bidder, Kana Engineering Group, Inc., in the amount of$9,882,367.95, for the construction of the Windy Ridge Water Storage AGR-6809.l Tank Project ("Project"), and direct and authorize the Finance Director to execute the AGR-6809-1 Escrow Agreement pertaining to contract retentions; approve and authorize the Public AGR-6809.11 Utilities General Manager to execute, implement and administer the First Amendment to Agreement with MWH Americas, Inc., in additional compensation amount of$311,360, increasing the total compensation to $1,634,099; and approve and authorize the Public Utilities General Manager to execute, implement and administer a Right-of-Entry and Use Agreement, including related documents when determined beneficial for the Project, with The Summit Community Association for construction of the Project; and authorize de minimis changes to the amendment and agreement that do not substantially change the terms and conditions as determined by the City Attorney's Office. City Council Minutes of May 17,2016 Page 11 of 22 13. Award and approve a master agreement, in substantial form, with six companies for AGR-10066 pavement delineation maintenance, repair, construction, assessment, and immediate AGR-10067 response (Orange County Striping Services, Inc., Superior Pavement Markings, Inc., J & AGR-10068 S Striping Company, Inc., BC Rentals, Inc., DBA BC Traffic Specialist, Sterndahl AGR-10069 Enterprises, Inc., and Cat Tracking, Inc.), in an amount not to exceed $50,000 per work AGR10070 order, and authorize and direct the Public Works Director to execute and take necessary AGR-10071 actions to implement and administer the master agreement. AGR-10072 14. Award and approve a master agreement, in substantial form, with ten companies for AGR-7675.A wastewater construction, maintenance, repair, and immediate response (Charles King AGR-10073 Company, Inc., David T. Wasden, Inc., Downstream Services, Inc., Mike Prlich and AGR-10074 Sons, Inc., Paulus Engineering, Inc., Ramona, Inc., Sancon Engineering, Inc., T.E. AGR 7677.A Roberts, Inc., Vasilj, Inc., and WA Rasic Construction, Inc.), in an amount not to exceed AGR-10075 AGR-10076 $500,000 per work order, and authorize and direct the Public Works Director to execute AGR-10077 and take necessary actions to implement and administer the master agreement. AGR-7679.A AGR-7680.A 15. Approve an agreement with Michael Baker International, in an amount not to exceed $2,494,628, for engineering services to implement traffic signal synchronization on La AGR-10078 Palma Avenue from Woodland Drive to Chrisden Street and increase the Public Works revenue and expenditure appropriation by $2,518,146 in FY 2015/16. 16. Approve the Landscape Maintenance Agreement with the State of California, acting by AGR 10079 and through the Department of Transportation, for the Brookhurst Street Widening at the SR-91 Freeway. 17. Approve and authorize the Planning Director to execute First Amendments to AGR-8023.1 Professional Services Agreements for as-needed consulting services with Lilley Planning AGR-8803.1 Group, increasing the maximum compensation amount by $550,000 for planning AGR-5221.A.1 services and approve amendments with Bureau Veritas of North America, Inc., CSG AGR-8809.1 Consultants, Inc., and Interwest Consulting Group, Inc., increasing the maximum, limit for each by $1,350,000, for building services. 18. RESOLUTION NO. 2016-067 A RESOLUTION OF THE CITY COUNCIL OF D154.7 THE CITY OF ANAHEIM approving a Letter of Understanding between the Teamsters, Local 952, and the City of Anaheim (establishing wages, hours, terms and conditions of employment— Head Parking Lot Cashier). 19. RESOLUTION NO. 2016-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit D175 applications on behalf of the City of Anaheim to the Department of Resources Recycling and Recovery for payment programs and related authorizations and to authorize acceptance of the funds if awarded. 20. RESOLUTION NO. 2016-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim P124 certain interests in real properties (Deed Nos. 11961, 11970 and 11971). City Council Minutes of May 17,2016 Page 12 of 22 21. RESOLUTION NO. 2016-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating easement for public utility and sanitary sewer line P110 purposes pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (ABA2015-00329) (1640 South Clementine Street; Country Inn and Suites Hotel). D175 22. RESOLUTION NO. 2016-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating Pembrooke Lane from Chalet Avenue to Harriet Lane as "Permit Parking Only" street within Permit-Eligible Parking District No. 40 ("Pembrooke Lane"). D175 23. RESOLUTION NO. 2016-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating Redondo Drive from North Street to North Street, North Street from 1336/1311 W. North Street to West Street, West Street from 939/1010 N. West Street to North Street, La Entrada Circle from West Street to end of street, Autumn Drive from West Street to Winter Street, and Fall Place from Summer Street to end of cul-de-sac as "Permit Parking Only" street within Permit-Eligible Parking District No. 42 ("Redondo North West Winter"). 0175 24. RESOLUTION NO. 2016-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating Ravenswood Drive from Dale Avenue to Shelli Drive, Shelli Drive from Ravenswood Drive to end of cul-de-sac, and west side of Dale Avenue from 1217 S. Dale Avenue to 2804 W. Ravenswood Drive as "Permit Parking Only" street within Permit-Eligible Parking District No. 44 ("Ravenswood Drive") and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061 (b)(3). P110 26. RESOLUTION NO. 2016-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA 2016-00337) (portion of South Street adjacent to 2848-2908 East South Street and 2900 East Lincoln Avenue) (public hearing scheduled for June 21, 2016). C420 27. ORDINANCE NO. 6371 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending subsections .020 and .040 of Section 18.108.040 of Chapter 18.108 of Title 18 of the Anaheim Municipal Code, relating to Specific Plan No. 90-1 for the Festival Regional Shopping Center, based upon the finding and determination that this ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 of the State CEQA Guidelines (Specific Plan Adjustment No. 2016-00067) (Introduced at Council meeting of May 10, 2016, Item No. 10). M142 28. ORDINANCE NO. 6372 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 14.40 of Title 14 of the Anaheim Municipal Code relating to speed limits on city streets (Introduced at the Council meeting of May 10, 2016, Item No. 11). D114 29. Approve minutes of City Council meeting of April 12, 2016. City Council Minutes of May 17,2016 Page 13 of 22 END OF CONSENT: 3. Receive and file the Public Works Department's plan to actively seek grant funding for D175 the planning, environmental, engineering and construction of the extension of the Santa Ana Canyon Road Multi Use Trail from Fairmont Boulevard to Festival Drive. Mayor Tait explained he had requested this item be placed on the agenda as there was a trail path along Santa Ana Canyon that was well used by pedestrians and he would like to see it extended east to South Festival Drive to complete the last leg to the Festival Shopping Center. Natalie Meeks, Public Works Director, remarked the trail path had been embraced and used by the community and the department looked forward to extending that walkway east, although she pointed out it was a difficult project with grading issues as well as slope variations. She introduced City Engineer Rudy Emami to provide details on the proposed extension. Mr. Emami indicated that in 2013, the existing multi-use trail was completed via a competitive grant through the Orange County Transportation Authority. At the request of Mayor Tait, staff looked into an extension of that trail and determined a plan to go forward. He showed before and after photos of the existing trail, pointing out that there was a flatter grade to work with and wider sections between the property lines and the end of the roadway that allowed the incorporation of a water quality swale to get drainage off the street and treat it prior to reaching the storm drains and aesthetic landscaping. He indicated the extension of the trail would be divided into two segments; the first would run from Fairmont to Eucalyptus Drive and because this segment had some of the flatter grades, the completed project would look similar to what was done before. The second segment had more challenges due to the road narrowing and the median actually disappearing into the roadway with some steeper slopes on the south side of the street. Mr. Emami reported staff looked at a variety of alternatives and sections to get through this area for safe pedestrian access and also to reduce the costs as much as possible to make this a competitive project for grant submittals. For this segment, he explained the swale between trail and the proposed curb would be eliminated to add more safety from the roadway and the grade would be raised to elevate pedestrians and minimize the use of any retaining wall or structural components in the project, thereby reducing the cost. The engineer's estimate for the first segment was $1.3 million and $1.75 million for segment 2 (mainly due to additional fill needed), for a total cost of$3.1 million. Mr. Emami reported staff was putting together a grant application, gathering support letters to apply for the Active Transportation Program through the California Transportation Commission, a program that did not require matching funds from the city. The challenge for that grant, he noted, was from statewide competition and if successful, the city would be notified by March 2017 with funding for the engineering, design and construction of the trail extension received in FY 19/20 and 20/21. He added staff would also seek other funding opportunities as well. Mayor Tait remarked the existing situation had pedestrians walking on Santa Ana Canyon Road and he was concerned about their safety alongside fast moving traffic on that road. He suggested it might be possible to put in the decomposed granite walkway first and the fencing later, in an effort to get those pedestrians off the street. Council Member Vanderbilt remarked that the existing trail fencing was fading asking if any of the grant funds were used for maintenance purposes or would there be a maintenance cost incurred by the city in the future. City Council Minutes of May 17,2016 Page 14 of 22 Ms. Meeks responded that staff could look at composite fencing that would not weather like wood, pointing out it was more expensive to install. She added this was a multi-use trail, constructed for pedestrians, mountain biking and equestrian use and this was the standard for Santa Ana Canyon Road for a network of trails identified in the master plan. In any of these projects, she remarked, they added additional maintenance to the department, and grants typically were used only for the capital construction end of projects. She also pointed out that fencing would not be needed on the slope side and staff could also revisit the standards in the master plan to determine whether changes should be made. Mayor Tait remarked that anything would be better than the current situation and he would hate to delay the project waiting for$3 million, inquiring if there was a chance of doing a $1.5 million project without the fencing initially. Ms. Meeks concurred but pointed out that the biggest cost in this project was grading and improvement of the trail. MOTION: Council Member Vanderbilt moved to receive and file Agenda Item No. 3, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES—5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES—0. Motion Carried. 7. Determine that the Palm Lane and Schweitzer Skate Parks Project is exempt from the AGR 10062 California Environmental Quality Act pursuant to Section 15303 of Title 14 of the AGR 10062.1 California Code of Regulations and that the proposal submitted by Spohn Ranch AGR 10062.11 Skateparks, Inc. (Sphon Ranch) represents the best value to the City for design-build services of said parks; waive any irregularities in the responsive documents; award and authorize the Public Works Director to execute a Design-Build Services Agreement with Spohn Ranch, in substantial form, in the amount of$300,000, including related documents to implement and administer the agreement as well as an Escrow Agreement; authorize de minimis changes as determined by the City Attorney's office; and authorize and direct the City Manager to execute stipend agreements, in substantial form, with Grindline Skateparks, Inc. and American Ramp Company, in the amount of $1,000 each, for use of certain design components under joint ownership for any current or future project. Larry Pasco, Community Services Department, announced this item was for the approval of a contract for design/build of two skate parks, one at Schweitzer Park and one at Palm Lane Park. Community outreach meetings were held on both projects to make the community aware of the proposal, listen to concerns, answer questions, and consider their input in the design process with both projects receiving overwhelming support at the meetings. Mr. Pasco explained that one of the reasons these two parks were selected was their proximity to schools, skateboarders were already using both of these parks, and there was a great deal of community interest and support for both sites. A skate park was under construction at Ponderosa, one was located at Brookhurst Park and one in the downtown area and these two parks in the west end of town would take care of the needs in west Anaheim, while staff looked for a location in the east end of town. He pointed out these two parks were not going to be as large as the ones at Brookhurst or Ponderosa at 9,000 square feet, but would be in excess of 3,000 to 4,000 square feet each. Mayor Tait asked staff to address an earlier speaker's concerns about Palm Lane Park. Mr. Pasco responded that after the initial community outreach meeting, staff and residents met City Council Minutes of May 17,2016 Page 15 of 22 again in May, including the earlier speaker, Laurie Ferguson. Their main concern was lighting, trash, parking, potential loss of trees and the park becoming a destination site for skateboarders. To mitigate those concerns, he stated, LED lights would be used which would dramatically increase lighting in the park and in addition, staff was looking at replacing all the fixtures in the park. A future project would put a track around a portion of the park on the west side that would have more lighting as well. Mr. Pasco noted additional trash receptacles would also be added. He emphasized that staff believed both of these parks already had skaters on site because of Ball Jr. High School and Palm Lane Elementary School and there would not be any vehicles associated with dropping the skaters off because they already had a presence there, thus increased traffic and parking should not be an issue. In addition, he remarked, there would be no large trees removed, and if any smaller trees were taken out, staff would add trees back around the perimeter of the skate facility. Related to the comment that Palm Lane Park would become a destination site for skateboarders, Mr. Pasco indicated that because Palm Lane Park was a walk-to park, much like a tot lot amenity that only served those who lived in the area of the park, he did not believe that would not be the case. Mayor Tait was supportive of the park enhancements, remarking it would not have happened without a grant from the Disneyland Resort, and he appreciated the $300,000 that would make a lot of kids happy in Anaheim. Mayor Pro Tem Kring wondered whether a restroom could be included in the Palm Lane project with Mr. Pasco remarking there were parks in the system with no bathrooms and when bathrooms were being considered it was usually part of a public input process because for those who wanted restrooms, there were often more against them for the negative things associated with them. Council Member Vanderbilt asked where the skate park would be located, with Mr. Pasco responding that it would be situated between the tot lot and the apartments at the northern border of the park. He added that one of the concerns raised by residents was the park could be too noisy for residents south on Palais Street, with staff then shifting the location further north for additional buffering and closer to the elementary school which might offer restroom sharing possibilities. MOTION: Mayor Tait moved to approve Agenda Item No. 7, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES—5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES—0. Motion Carried. 25. RESOLUTION NO. 2016-074 A RESOLUTION OF THE CITY COUNCIL OF T106 THE CITY OF ANAHEIM initiating proceedings for the annual levy of assessments in, and accepting an Assessment Engineer's Report for the Anaheim Resort Maintenance District. RESOLUTION NO. 2016-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to provide for an annual levy and collection of assessments in the Anaheim Resort Maintenance District, and setting a time and place for the public hearing therein (public hearing scheduled for June 14, 2016). Council Member Vanderbilt stated the report spelled out the assessments for the Resort area as all the businesses that owned property were required to contribute in order to maintain the streets and landscaping in the maintenance district. He noted the Convention Center, a city- owned property, was listed in the report, asking if public properties were required to pay taxes. City Council Minutes of May 17,2016 Page 16 of 22 Natalie Meeks responded the public properties did not pay property taxes but did pay certain special assessments like sewer assessments and maintenance assessment district fees. Mr. Vanderbilt then remarked that it appeared the hotels had a higher cost for the portion that was related to daily trips they produced, dollar amounts that were less than the cost of Disneyland at $80,000, as he would have expected the higher revenue generator to be the theme park. Ms. Meeks indicated there was a complex formula based on a number of different factors, including the frontage along the road, the amount of traffic coming in and out of the property or by the property. Mr. Vanderbilt inquired if the number of daily trips was self-recorded or whether an independent traffic count took place with Ms. Meeks indicating traffic studies were required to be done every two years and reported to OCTA for all city arterials and the traffic studies conducted when the property was constructed was a one-time measure. MOTION: Mayor Pro Tern Kring moved to approve RESOLUTION NO. 2016-074, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM initiating proceedings for the annual levy of assessments in, and accepting an Assessment Engineer's Report for the Anaheim Resort Maintenance District and RESOLUTION NO. 2016-075, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to provide for an annual levy and collection of assessments in the Anaheim Resort Maintenance District, and setting a time and place for the public hearing therein, seconded by Council Member Murray. ROLL CALL VOTE: AYES —5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES—0. Motion Carried. 30. Consider appointments/re-appointments to city Boards and Commissions where those terms expire June 30, 2016 and an appointment to fill an unscheduled vacancy on the B105 Community Services Board, term to expire June 30, 2018. All scheduled vacancies will be for a term of four years, expiring June 30, 2020, except the Sister City Commission; terms are for three years, ending June 30, 2019. MOTION: Mayor Pro Tern Kring moved to re-appoint all members seeking reappointment to their positions, seconded by Council Member Vanderbilt. DISCUSSION: Mayor Tait announced that after district elections, he would bring up for discussion redoing the boards and commissions to allow each district member an appointment on each commission, with the mayor getting one at large appointment. He adding this would allow for broad geographic representation. Council Member Brandman agreed with that approach. ROLL CALL VOTE: AYES —5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt.) NOES— 0. Motion Carried. MOTION: Council Member Vanderbilt moved to continue appointments to vacancies to a future date, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES—0. Motion Carried. Budget, Investment and Technology Commission: [Re]Appointment: Leleh Graylee (Incumbent, Laleh Graylee) City Council Minutes of May 17,2016 Page 17 of 22 [Re]Appointment: Mark Mittman (Incumbent, Mark Mittman) Community Center Authority: Appointment: (vacancy of Paul Walters) Community Services Board: [Re]Appointment: Linda Barnett (Incumbent, Linda Barnett) [Re]Appointment: Lori Farrow (Incumbent, Lori Farrow) [Re]Appointment: Earl Kelso (Incumbent, Earl Kelso) Appointment: (term ending June 30, 2018) (Unscheduled vacancy of Teresa Shimogawa) Cultural and Heritage Commission: [Re]Appointment: Katie Filbeck (Incumbent, Katie Filbeck) Housing and Community Development Commission: [Re]Appointment: Chris Emami (East District; Incumbent, Chris Emami) Park and Recreation Commission: [Re]Appointment: Samantha Navarro (Incumbent, Samantha Navarro) Planning Commission: Appointment: (vacancy of Victoria Ramirez) Sister City Commission: [Re]Appointment: Jess Carbaial (term ending June 30, 2019) (Incumbent, Jess Carbajal) Appointment: (term ending June 30, 2019) (vacancy of James Dinwiddie II) [Re] Appointment: Jackie Filbeck (term ending June 30, 2019) (Incumbent, Jackie Filbeck) Appointment: (term ending June 30, 2019) (vacancy of Ann Gallaugher) Appointment: (term ending June 30, 2019) (vacancy of John Nguyen) City Council Minutes of May 17,2016 Page 18 of 22 PUBLIC HEARINGS: 31. CONDITIONAL USE PERMIT NO. 2015-06825 C220 VARIANCE NO. 2015-06054 C250 (DEV2015-00102) Owner: Josephine Maganis,5521 Piercy Avenue, Lakewood, CA 90712 Applicant: Grandma's House of Hope, Je'net Kreitner 928 West North Street, Anaheim CA 92805 Location: 928-930 West North Street Request: To permit and retain an existing transitional living facility within an existing single family home and accessory detached residential unit with fewer parking spaces than required by the Zoning Code. Environmental Determination: The City Council will determine whether the project is categorically exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. ACTION TAKEN BY THE PLANNING COMMISSION: Approved modified Condition No. 1 to reduce the permitted number of residents on-site from 32 to 25. VOTE: 4-2: Chairman Lieberman and Commissioners Bostwick, Caldwell and Seymour voted yes. Commissioners Henninger and Ramirez voted no. Commissioner Dalati was absent. (Planning Commission Meeting of February 8, 2016) (Appealed by Grandma's House of Hope). RESOLUTION NO. 2016-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting Conditional Use Permit No. 2015-05825 and Variance No. 2015-05054 and determining that said action is exempt from the California Environmental Quality Act pursuant to Section 15301 of Title 14 of the California Code of Regulations (DEV2015-00102) (928 and 930 West North Street). OR RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denying the appeal of the applicant and approving and adopting Conditional Use Permit No. 2015-05825 and Variance No. 2015-05054, as recommended by the Planning Commission; and determining that said action is exempt from the California Environmental Quality Act pursuant to Section 15301 of Title 14 of the California Code of Regulations (DEV2015-00102) (928 and 930 West North Street). DISCLOSURES: Mayor Tait disclosed he had conversations with the applicant, Grandma's House of Hope, Mayor Pro Tern Kring announced she had conversations with Je'net Kreitner, Council Member Brandman reported he spoke to the applicant and Council Member Vanderbilt indicated he had visited the site at the invitation of the applicant. Planning Director David Belmer announced this was an appeal of a request to permit and retain an existing transitional housing facility for up to 32 residents and with fewer parking spaces than required by the Zoning Code. The Planning Commission reviewed this conditional use application at a public hearing on February 8th, and after receiving public testimony both in favor and in opposition to the project, approved the use but limited the facility to a maximum of 25 residents on a 4/2 vote. THE PROPERTY: Mr. Belmer indicated the property was approximately 1/3 of an acre in size, located in the RS-1 (Single-Family Residential)zone on North Street with surrounding land uses including single family residential on all four sides. The facility, operated by a non-profit organization known as Grandma's House of Hope, was established at this location in October of City Council Minutes of May 17,2016 Page 19 of 22 2014 and since that time, the applicant worked with the property owner and staff to prepare and submit a conditional use permit application. There were three separate structures on the property, the main residence was two stories and contained nine bedrooms and eight bathrooms. The accessory unit at the rear of the site included two bedrooms and two bathrooms and a third building at the rear of the property included a single-car garage, bathroom, and office area. There were a total of four communal living rooms and two kitchens within the two residential structures. He noted the applicant requested the ability to house up to eight persons in the rear unit and up to 24 persons in the main house and believed the facility was well suited for its intended purpose which was to provide a safe and stable living environment for women with varied backgrounds, including victims of domestic violence, those experiencing homelessness, or at risk of becoming homeless. He added there would be no male occupants and that the typical length of stay for residents receiving services was about 6 months however, they could stay as long as 18 months. There were strict house rules associated with the operation of the facility that must be followed by residents and it was carefully managed, staffed by four employees for seven days a week including a manager who was on site about 40 hours a week. Night time provisions were provided by one or two client residents who had completed leadership program training and identified by staff as having the maturity, leadership skills, and trustworthiness to effectively supervise the facility during evening hours. In addition, professional staff was on call 24 hours a day should a need arise. He emphasized this was not the applicant's first facility in Anaheim, and they had operated another facility in the city since 2011 without complaint from neighbors. Mr. Belmer pointed out transitional housing facilities with more than six residents were allowed in Single Family Residential zones subject to approval of a conditional use permit to ensure compatibility with the surrounding area and the facility currently operated with up to 25 residents. He noted the applicant initially requested to increase the capacity to 34 residents as part of the CUP application considered by the Planning Commission, but was now requesting a limit of 32 residents. Eight persons would be housed in the rear unit and up to 24 persons in the main house, however, he stated, per the Building Code, the main house was limited to a maximum occupancy of 16 persons due to the physical design. As a result, the draft City Council resolution which would approve the applicant's request for a total occupancy of 32 persons contained a condition of approval that limited the maximum occupancy of the front home to no more than 16 persons until such time that the applicant made the necessary building upgrades that would allow the 24 occupants requested. He added that based on information received from the Fire Department and Building Division, these upgrades would most likely include the installation of new fire sprinklers and the provision of improvements needed to comply with the Americans with Disabilities Act. VARIANCE: Mr. Belmer stated the applicant was also requesting a variance to permit fewer parking spaces than required by the Zoning Code, which required nine spaces based on the total bedroom count. Although the nine spaces were proposed, only three were considered Code compliant and although functional, the six non-compliant spaces did not meet code because they were not located directly behind a garage space. He added in staff's view, there was adequate parking on the site and the Commission concurred with that determination and recommended approval of the variance. He noted there was also a variance approved with the other facility in Anaheim, with a similar reduction, and that it had been operating successfully. APPEAL: Mr. Belmer reported the Planning Commission had approved this application on a 4/2 vote, favorably reviewing the use, with the issue being only the occupancy. At the Commission City Council Minutes of May 17,2016 Page 20 of 22 hearing, two residents expressed concern, not about the operation itself, but should the number of occupants increase beyond 25, problems might then arise. As a result, the Commission placed the condition limiting the number of occupants to 25 residents. The applicant feels that the property was well suited for more than that as it was a large home with two structures; they operated successfully for the year they had been there and had been successful at their other facility; and there was a need in the community. Staff's recommendation was that the 32 residents be allowed consistent with the original staff recommendation to the Planning Commission, but that a condition of approval is placed to require an annual review of the operation to insure it was operating successfully and that there were no impacts to adjoining property owners. If there had been impacts, additional conditions could be added. Mayor Tait opened the public hearing, setting guidelines for speakers. CJ Amstrup, representing Grandma's House of Hope, stated that the staff report and attached resolutions had been read and the applicant understood the review by the Planning Commission and that the facility would be limited to 16 residents in the front house until issues with the Building Code were met. Je'net Kreitner, Grandma's House of Hope, stated she had been in the city of Anaheim and was committed to providing quality and compassionate care specifically to unaccompanied homeless women in Orange County, with a program that assisted women who struggled getting into other programs because of conditions or issues that were multiple and sometimes not able to be met through other programs. Specifically, she explained, seniors with disabilities who were not able to work had difficulty finding placement in transitional housing because there was a requirement to go out and work and some of her clients were not able to do that or might be homeless with cancer. Grandma's House of Hope provided a place for them to recover and receive treatment before they start working into those other elements of their life. Women who were in late term pregnancies and high risk pregnancies were served as well, and Grandma's House of Hope had four pregnant women at the house at this time and two babies under the age of six months that would otherwise not have a place to be. She thanked Council for their consideration, remarking transitional housing programs were going away in the county because of federal funding being directed to rehousing, and while she supported rapid rehousing and the model that it represented, 13 transitional housing programs in Orange County were lost because of that funding issue and she felt this program was essential to making sure that women unaccompanied on the streets of Anaheim and throughout the county were not at risk for sexual and physical assault on the streets. Statistically, 74 percent of homeless women alone on the streets were likely to be assaulted and for the additional seven women Grandma's House of Hoping was asking for, would be less likely to be one of those statistics. William Fitzgerald, Anaheim HOME, objected to this transitional housing program, stating it would put drug addicts in the middle of an Anaheim residential area. Victoria Michaels, residents, stated she lived near this property, supported the services offered by Grandma's House of Hope-and recommended approval of their request. Gail Eastman, ACC/OCC task force on homelessness, supported Grandma's House of Hope as a solution to those who were at risk of being homeless or were homeless and hoped the facility City Council Minutes of May 17,2016 Page 21 of 22 would be able to comply with the conditions imposed to be able to house 32 women in their facility. Je'net Kreitner provided closing comment reading a letter of support from Patrick and Rosa Liske, a direct neighbor on Lemon Street, and submitted the document for the record. With no other comments offered, the hearing was closed. Mayor Tait supported this item, remarking Grandma's House of Hope provided a great service to women in need of transitional housing. Council Member Murray voiced her support as well, and hoped this would be used as a model to replicate citywide. Mayor Pro Tem Kring concurred, remarking she had visited the facility on Lemon Street and found it was well run with a wonderful board of directors who kept charitable donations flowing. Council Member Vanderbilt asked if there was a way to give preference to Anaheim homeless with Ms. Kreitner responding that much of their work was done in the city of Anaheim and last year alone, 38 women were taken out of Anaheim parks through CityNet and out of 259 women, 87 were from the city of Anaheim. Council Member Brandman voiced his full support as well. MOTION: Mayor Pro Tern Kring moved to approve RESOLUTION NO. 2016-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting Conditional Use Permit No. 2015-05825 and Variance No. 2015-05054 and determining that said action is exempt from the California Environmental Quality Act pursuant to Section 15301 of Title 14 of the California Code of Regulations (DEV2015-00102) (928 and 930 West North Street), seconded by Council Member Murray. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES—0. Motion Carried. Mayor Tait remarked the applicant had withdrawn Item No. 32 from the agenda, asking if and when it returned that all members of the city council be in attendance. 32. CONDITIONAL USE PERMIT NO. 2016-05858 VARIANCE NO. 2016-05060 C220 FINAL SITE PLAN NO. 2016-00001 C250 DEVELOPMENT AGREEMENT NO. 2016-00001 A123 OPERATING COVENANT AGREEMENT NO. MIS2016-00632 Owner: Paul Sanford, Good Hope International 2400 E. Katella Avenue; Suite 800, Anaheim CA 92806 Agent: Ted D. Frattone, Hunsaker&Associates Irvine, Inc. 2400 E. Katella Avenue., Suite 800, Irvine, CA 92618 Location: This 8.8-acre property is located at 1700 South Harbor Boulevard, at the southeast corner of Harbor Boulevard and Disney Way. Request: To approve Conditional Use Permit No. 2016-05858, Variance No. 2016- 05060, Final Site Plan No. 2016-00001 and Development Agreement No. 2016-00001 to permit the construction of a 580-room, 8-story hotel with 50,000 square feet of meeting space, 25,600 square feet of restaurant space, 20,188 square feet of concierge lounge space, and fewer parking spaces than required by the Anaheim Municipal Code, in conjunction with consideration of the report prepared pursuant to Government Code Section 53083 and approval of Operating Covenant Agreement No. MIS2016-00632 with City Council Minutes of May 17,2016 Page 22 of 22 Good Hope International for a subsidy in the form of payments equal to 70% of transient occupancy tax generated by the hotel for a period of 20 years following hotel opening. Environmental Determination: The City Council will determine whether an Addendum to the previously-certified Final Environmental Impact Report No. 311 (FEIR 311) and Supplemental Environmental Impact Report No. 340 (SEIR 340), together with FEIR 311 and SEIR 340, are the appropriate environmental documents for the proposed project and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to FEIR 311 or SEIR 340 have occurred. ACTION TAKEN BY THE PLANNING COMMISSION: Approved and recommended City Council approval of Conditional Use Permit, Variance, Final Site Plan and Development Agreement (Resolution No. PC2016-030) VOTE: 7-0: Chair Lieberman and Commissioners Bostwick, Caldwell, Dalati, Henninger, Ramirez and Seymour voted yes (Planning Commission meeting of April 18, 2016). REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS: Mayor Pro Tem Kring spoke of the successful Taste of Anaheim and WAND BBQ events and highlighted the Tree Power Program held on April 22"d with the 50,000`h tree planted at Olive Street Elementary School whose students helped dedicate the Valley Oak Tree adjacent to the kindergarten classes and playground. She pointed out that for more than 24 years, Tree Power helped thousands of Anaheim homeowners, multi-family complexes, schools, businesses and nonprofits reduce their air conditioning with the planting of shade trees. Ms. Kring also announced the Fire & Rescue Promotion Ceremony to be held on Wednesday, May 18th, the Police Department Retiree and Recognition Ceremony on Thursday, May 19th and the Memorial Day Ceremony to be held May 30th at the Anaheim Cemetery. She extended her appreciation to Natalie Meeks for her years of service to Anaheim, remarking she would be a hard act to follow. Council Member Vanderbilt spoke of the WAND BBQ, the Tree Power Program and his attendance at an Asian American event sponsored by Assemblywoman Kim. Council Member Murray congratulated Fire & Rescue on their promotions and graduation ceremony and thanked Natalie Meeks for her service to the city remarked she had left behind a footprint that would serve generations to come. Ms. Murray expressed her condolences to the family of Claudia Espino Garcia, fatally shot in Peralta Park and requested this meeting be adjourned in her memory. She also thanked the Police Department for the compassion they showed to children, teachers and families who witnessed this event. Council Member Brandman added his thanks to Director Natalie Meeks for her service and urged citizens to vote on June 7th. Mayor Tait thanked Natalie Meeks for her many years of service to the city of Anaheim and also commended the police department on their response to the shooting at Peralta Park. ADJOURNMENT: At 8:46 P.M., Mayor Tait adjourned the May 17, 2016 council meeting in memory of Claudia Espino Garcia. R-spec, ully sub Am. ed, ifit •. Linda N. Andal, CMC City Clerk