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05/10/2016 ANAHEIM CITY COUNCIL REGULAR AND REGULAR AJOURNED MEETING OF MAY 10, 2016 The regular meeting of May 10, 2016 was called to order at 3:00 P.M. and adjourned to 5:00 P.M. for lack of a quorum. The regular adjourned meeting of May 10, 2016 was called to order at 5:09 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 6, 2016. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris Murray and James Vanderbilt. STAFF PRESENT: City Manager Paul Emery, Senior Assistant City Attorney Kristin Pelletier and City Clerk Linda Andal. INVOCATION: Major Grady Brown, The Salvation Army FLAG SALUTE: Council Member Kris Murray PRESENTATIONS: Recognizing Mr. Martin Burbank for his college tuition donation to the Rio Vista Elementary School kindergarten class Mayor Tait recognized Martin Burbank, an OC Elder Law attorney inspired by a sermon while attending the Eastside Community Church, who then offered to provide a college education to the entire class of 26 kindergarteners from Rio Vista Elementary School, students from low income families who otherwise might not have that option. Mr. Burbank remarked that making a difference in the lives of these students gave him and his wife great joy, could be a life-changing event for the students, and he was grateful he had the opportunity. A television clip was played for the audience. Recognizing the 2016 Mills Act Recipients David Belmer, Planning Director, announced Anaheim's Mills Act program began in 2000 when the city took action to preserve its historical structures and homeowners, under this federal act, were able to receive a property tax reduction in exchange for contractually agreeing to preserve the historical significance of their homes. He added that with the 16 recipients being recognized tonight, Anaheim would now have 325 properties that qualified as historic structures; he then introduced the recipients. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming May 2016, as Asian American and Pacific Islander Heritage Month Proclaiming May 2016, as Jewish American Heritage Month Proclaiming May 2016, as Lupus Awareness Month Proclaiming May 2016, as National Military Appreciation Month Proclaiming May 2016, as Water Awareness Month Proclaiming May 15-21, 2016, as Emergency Medical Services Week City Council Minutes of May 10,2016 Page 2 of 10 Proclaiming May 16-20, 2016, as Orange County Bike to Work Week lssis Macias, Anaheim Water Conservation Programs, thanked city council for highlighting Water Awareness Month, as a time to educate customers on the importance of saving water to conserve limited supplies and to lower customers' bills. She added to help the Anaheim community use water wisely, the Water Utilities Division offered a number of programs and services that included workshops on efficient landscaping watering practices, free home evaluations, and rebates for irrigation devices, high efficiency appliances and turf removal. Captain Dave Barry, Fire and Rescue, addressing Emergency Medical Services week, explained that Anaheim's firefighters, paramedics and emergency dispatchers had extensive experience and training to provide care in emergency situations. Additionally, he reported, the city's Community Care Response Unit was the first of its kind in the state receiving national interest for new and innovative programs with a staff committed to continuous specialized training to provide the best life saving techniques to residents and visitors to Anaheim. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): Cecil Jordan Corken, Outreach Homeless Ministries, addressed the importance of freedom of speech. Mike Robbins, resident, addressing short term rentals (STRs), remarked he had sent a link that advertised 698 STRs to the city, and the longer these businesses were allowed to operate, especially those that were unpermitted, the character of neighborhoods were lost. Jeanine Robbins voiced her disapproval of how the city handled STR violations, emphasizing the regulations were not being enforced as written. She wanted businesses operating illegally without permits to be warned with one cease and desist letter and if compliance was not reached, the utilities to that business should be turned off. Lou Noble, homeless advocate, asked for safe zones for the homeless and spoke against the city's ordinance related to the homeless and city parks usage. Mayor Tait requested information regarding other cities that had safe zones in place with Mr. Noble indicating he would email that information. R. Joshua Collins, homeless advocate, provided specific instances where homeless properties were being taken by police officers, including necessary medication, and the challenge for people to recover their belongings when the storage area was only open one day a week. He asked that daily property pickup be allowed, if the ordinance removing homeless properties from parks was continued. Council Member Vanderbilt remarked that CityNet had offered storage next to La Palma Park and it appeared to be available daily for people to access their properties. City Manager Paul Emery remarked there was a second site located on Beach Boulevard,just south of Ball Road, at a church site. He would have the exact address placed on the city's website and ensure all officers and code enforcement staff had that information available. Patsy Davis remarked she had her property removed from Maxwell Park yesterday and was distressed because her medicine was taken. Mayor Tait referred Ms. Davis to Greg Garcia, Deputy City Manager,for assistance. City Council Minutes of May 10, 2016 Page 3 of 10 Bobby Donelson, Sherwood Village, urged Council to support an ordinance banning all STRs, existing and new, and to cease existing STR operations no later than July 31, 2016. Regarding Agenda Item No. 8, he recommended the homeowners association include a short term rental restriction as had been done in the last few developments that were approved. Pam Donelson, resident, asked Council to ban current and future STRs. Luisa Lam, Sherwood Village, asked for a ban on new and existing STRs in the city, remarking the majority of the owners did not live in Anaheim and did not have their lives disrupted by these businesses. She added that residents did not have the flexibility or option to move, and many were not only financially but emotionally invested in their homes. She urged the ordinance be adopted in June. Keith Olesen remarked the Fall Festival and Halloween Parade event was a 92 year old tradition in the city, a community building event that required months of volunteer effort before the parade took place, and encouraged neighborhood participation with volunteers of all ages and abilities. He emphasized the festival displays and floats were still looking for a long-term home at the end of May, asking the city for help in keeping this tradition ongoing. Mayor Tait requested the city manager set up a meeting in the Mayor's Office to come up with ideas. Ken Smith indicated he lived off of Nutwood Street and over the years had noticed heavy and increased traffic in that area that was compounded when campers and motor homes were parked on the street. Getting in and out of Modjeska Park was a real hazard because of reduced visibility as well as exiting side streets onto Cerritos and Ball Road. He recommended the passage of an ordinance that campers and motor homes should not be parked on city streets. Hector Martinez requested the City improve the aesthetics of the communities in the non-Disney areas. He hoped Council would consider his request and recommendation, to beautify the other areas of the city as well as the tourism locations. Nestor Mendoza, Orange County resident, thanked City Council for taking no action on the resolution to denounce the divisive language used by Donald Trump and for acknowledging the public's right to assemble and freedom of speech, adding that the resolution would only lead to more division in the communities. As a Mexican American, he stated there were thousands of Trump supporters in the county, all ages and ethnic background and the commonality they shared was not being afraid to face opposing ideas and discuss them freely and to do so peacefully. He thanked the Council for upholding constitutional rights and not shutting down freedom of speech. Joe Perez, student, addressed the unsanitary and unsafe public bathrooms in city parks, recommending additional resources be used to improve and maintain the bathrooms. Ashley Vejar, student, objected to the cost of the Anaheim Tennis Center improvements, remarking a better use for those funds would be to improve the city parks. Melissa Zabala addressed the need for schools to be better funded and for students to have everything necessary for a good education. She requested Council consider a line item in the city budget to support some of these needs. City Council Minutes of May 10,2016 Page 4 of 10 Jodie Mosely thanked Council for supporting the West Anaheim Farmer's Market opening at Twila Reid Park that was well attended and appreciated by the neighborhoods in that area, noting that it would continue every Wednesday from this point on. She then recognized and thanked Esther Wallace for all that she has done for west Anaheimers. Jeffrey Torres, resident, addressed police harassment issues, citing specific instances that had occurred. Mariana Sanchez, Katella High School student, recommended the Anaheim Tennis Center Improvement monies should instead be used towards improving the sanitation, privacy and overall appearance of public park bathrooms. Larry Larson remarked the expansion of Lincoln Avenue between Harbor and West Street was being considered, and it was his understanding that part of the plan was to widen Lincoln and take land from the Anaheim High School. He was strongly opposed to that plan, remarking the alumni association of which there were tens of thousands of members would not support this proposal to place Palm Trees down the center of Lincoln in front of the Anaheim High School and to do so was to commit political suicide. Jesus Cervantes, resident, urged Council to find a solution to the homeless situation, remarking their existence was rapidly increasing and many were living in city parks that impacted nearby residential areas and stopped the public from using the parks they were meant to use. Aaqib Abdullah, Katella student, remarked taxpayer monies should be used for the betterment of society, rather than private enterprises such as the Anaheim Tennis Center, adding that improving park security and bathrooms would have a positive impact on those wanting to use the parks. George Munoz, student, urged the tennis center improvement funds be shared with public park improvements that would enhance park usage. Mayor Tait expressed his appreciation to the students' civic engagement at this meeting and reported that at the last Council meeting, this Council decided to change the Tennis Center Improvement plan and to carry out the improvements that were contractual obligations while using the majority of the funding for other areas of the city, including parks. William Fitzgerald, HOME, opposed a previously proposed resolution that denounced Donald Trump's language towards minorities and other cultures stating it went against American's right for free speech; he was specifically critical towards residents and city leaders who supported the resolution. To correct the record, Council Member Murray remarked Mayor Tait had not been supportive of the resolution and managed a difficult meeting with grace and leadership and that she alone had offered a resolution that did not limit any political candidate's free speech but did condone hate speech. She also addressed the Bill Dalati family who stood up and spoke on behalf of their family and their religion and had to listen tonight to comments that were illustrative of the type of hate speech the resolution was intended to condemn. Julie Brunette thanked the donor who contributed funds for the skateboard park at Palm Lane Elementary School. Addressing STRs, she remarked there were four in her neighborhood and she had learned to work with them to make sure the residents in her neighborhood were respected with no impacts. City Council Minutes of May 10,2016 Page 5 of 10 April Vallecillo, remarked as a minority in a lower middle class family in Anaheim, the gentrification of downtown Anaheim with the Packing House and expensive lofts, was forcing her and families like her out of the area because rents were too high. Regarding the Anaheim Tennis Center, she opposed the capital improvement project that put $7 million into a privately run facility and recommended those funds be used to improve Boysen Park or provide lower cost housing for low income families. Diana Garcia, Kateila student, remarked the homeless population was a major problem in Anaheim and that the new dog park that was built near Glover Stadium forced the homeless onto bridges, highways, pass overs and sidewalks, recommending the city take action to resolve this problem by making more homeless shelters available. Diego Padilla, Kateila student, stated that vehicles exiting Provential Drive, traveling in either direction on South Citron Street had visual safety problem because cars were parked too close to the corners blocking oncoming cars. He recommended painting the curbs red to allow visual access for drivers. Uriel Morales, Kateila student, opposed the Anaheim Tennis Center improvements, remarking those funds should be invested in the community through activities and education. Christian Bonola remarked Anaheim parks were not lit at night and was unsafe for him walking home from work through shortcuts in parks and he hoped the city could do something about it. Citalli Malta discussed apartment spillover parking that impacted her neighborhood and that red curbs had been painted adjacent to her home but did not fix the problem because cars were still being parked in those areas and no citations or towing occurred. She requested permit parking be provided so she and other residents did not have to park two to three blocks away from their home. Mayor Tait requested Ms. Malta speak to Natalie Meeks, Public Works Director, for information on permit parking. An unidentified student, upon learning the $7 million proposed for the tennis center improvements would be a lesser amount with revenues remaining to be used in parks, thanked Council for their decision adding that improving unsanitary and unsafe bathrooms, along with new equipment and grassy play areas for soccer would be more productive to the general public. An unidentified student, thanked council for addressing the many serious and somewhat hostile topics that were discussed in this meeting, and for everything they had done for the city. Mayor Tait thanked the Kateila students for their civic engagement, adding that he would follow up on their requests regarding parks and restrooms with staff. Sahle Mariam remarked the Eritrean members of the city looked forward to celebrating their 24th Independence Day as members of the Anaheim community who worked in the medical, engineering and other professional fields. Mayor Tait indicated the proclamation was scheduled for the May 17th Council meeting and would be officially presented to the Eritrean community at that time. Ricardo Hernandez, Kateila student, thanked the city for their decision to scale back on the Anaheim Tennis Center project and use those funds for other community investments. Mayor Tait reiterated that council had discussed the capital improvement project and determined to City Council Minutes of May 10,2016 Page 6 of 10 fulfill the contractual obligations of the Tennis Center Agreement and not the enhancements, which would free up additional revenues for parks. April Hernandez thanked the City Council for their decision on the tennis center facility and to use those resources towards improving the parks for the citizens of Anaheim. An unidentified student thanked Mayor Tait for recently attending Katella High School and sharing a discussion about city finances. An unidentified student addressed the parking problems he faced when trying to find parking in the early morning hours after working on Sunday night shifts and receiving a street sweeper violation, adding that it seemed to him, the only reason to sweep the streets was for the revenues it brought to the city. An unidentified student thanked the Mayor for visiting Katella High School and for their decision on the Anaheim Tennis Center project that would now see a significant portion of those improvement funds being used towards the city parks. Rashad Al-Dabbaugh, Arab American Civic Council, announced April was celebrated as Arab American Heritage Month where many contributions of Arab Americans were recognized. He also recognized the Arab American business owners in Anaheim from the Little Arabia district and the culture and traditional food the area offered. Nizar Milbes thanked the city for recognizing Arab American Heritage Month, remarking the city had a large Arab population and with Anaheim's support, the second and third generations of immigrants would become more engaged in the community and feel welcome to assimilate into American society. Sebastian Damasco thanked Mayor Tait for speaking at Katella High School and appreciated Council's efforts to use city resources to improve city parks. From his personal perspective, he hoped the parks would be kept clean and well maintained, including putting doors on bathrooms, and maintaining park equipment as well as providing security. Mark Daniels, resident, urged the immediate shut down of STRs in the city, repairing park restrooms that had been constructed in the 70's and to address the homeless issue that was Anaheim's biggest problem. Judy Yeton, Katella High School teacher, stated her students were learning to speak their minds and voices publicly and were well aware of the importance and right of freedom of speech, having seen City Council videos and learned how to speak up respectfully and have their voices heard. She added many were about to be card carrying members of a political party and would vote at 18 years of age for the future of Anaheim and through their civic engagement exercises, were addressing not only local issues but universal issues as well. Mayor Tait responded that everyone one of the 650 seniors had been respectful and attentive when he visited Katella and he looked forward to a bright future for Anaheim. Rida Hamida, resident and Cultural and Heritage Commission member, was appreciative of the proclamation celebrating Arab American Heritage month. She recognized several successful Arab Americans, Nahlia Kayali of Access California Services, a nonprofit organization serving thousands of refugees and immigrants each year, Houssam Ayloush of the Council on City Council Minutes of May 10,2016 Page 7 of 10 American Islamic Relations who had been defending civil liberties for Arab and Muslim Americans since the late 90's as well as Anaheim business developer Bilal Daiati. Mirvette Judeh remarked the resolution adopting Arab American Heritage Month meant a great deal to her community as an acknowledgement that the Arab culture counted in the diversity that was Anaheim. Monica Curca remarked she came to the United States from Romania in 1982 when she was a young girl and as a Romanian, the Little Arabia district served her community as well. She was appreciative the city recognized Arab American Heritage Month and talked about the proactive views of Arab American organizations to address discrimination. Esther Orozco thanked Mayor Tait for addressing the students at Katella High School, and raising awareness on issues that affected her city. Ms. Yeaton added that Stephanie was instrumental in setting up and coordinating Mayor Tait's visit and learning about civic engagement. Martin Lopez remarked that most of the speakers against STRs had left the meeting to attend the Anaheim High School Board Meeting to support a resolution regarding a ban on STRs because of student losses and the resulting impacts to school budgets. He urged Council to ban old and new STRs at the June 14th meeting. Pat Adelekan congratulated the city on proclaiming April as Arab American Heritage Month, remarking she had lived in Egypt for three years and before that in Africa, her land of origin. As a member of the Cultural and Heritage Commission, she wanted to ensure the city understood the importance of honoring every culture in the nation. Cynthia Ward, resident, supported the city providing a warehouse for displays of city's oldest community tradition, the Halloween Parade, currently managed and run by community volunteers. She thanked Mayor Tait, Mayor Pro Tem Kring and Council Member Vanderbilt for taking no action on the proposed Trump resolution and further stated that because of the political nature of the resolution and the use of public funds and staff's time to draft the document, the attorney general would now be asking questions regarding this item. Victoria Michaels, resident, stated the city was in crisis and that was why citizens spoke week after week. She questioned if the Trump resolution was used for political messaging. She stated that some council members did not have a clear understanding of the Anaheim Tennis Center contract and therefore failed to understand the obligations of the Center's operator compared to the planned improvements. She indicated conflict had been increasingly created at council meetings when it was not needed, calling for resignations of certain city leaders. Joanne Sosa remarked listening to a presidential candidate's words was voluntary as Americans had the right to walk away or change channels and she supported Council's decision to take no action on that item. The actions and policies of leaders versus candidates' rhetoric were more important. She supported a complete ban on short term rentals and congratulated the Arab American community on the adoption of the Arab Heritage Month, adding that the founder of the Arab newspaper in Anaheim was another American who should be recognized. City Council Minutes of May 10,2016 Page 8 of 10 COUNCIL COMMUNICATIONS: Mayor Pro Tem Kring responded to Joanne Sosa's comments suggesting they meet to identify individuals from the Arabic community that should be honored. Mayor Tait advised he would be out of town on June 14th,and therefore asked for a June 2 special meeting to address the STR issue be scheduled, with more public notice. With Council Member Kring advising her unavailability on June 2, Mayor Tait asked the city manager work with council to select a date that everyone could agree upon. Council Member Murray, following up on Mayor Tait's request to hold a meeting for the organizers of the Halloween Parade, requested staff consider funding a permanent storage for the construction and storage of Halloween parade materials as she would be supportive of a budget augmentation. CITY MANAGER'S UPDATE: None CONSENT CALENDAR: Mayor Tait declared a potential conflict of interest on Item No. 7 and 8, indicating he would abstain on the votes. Council Member Vanderbilt added that he would abstain on Item No 8 as he owned property in that area. Mayor Pro Tern Kring 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 B105 1. Receive and file minutes of the Public Utilities Board meeting of March 23, 2016. 2. Approve recognitions to be presented at a later date proclaiming April 2016 as Arab D116 American Heritage Month, recognizing Hussam Ayloush, Belal Dalati, Nahla Kayali, Nesrine Omani and Rashad Al-Dabbagh, proclaiming May 24, 2016 as Eritrean American Day and recognizing the WaterSmart Landscape Award Winners. 3. Accept the lowest responsive bid of Fine Line Productions, in the amount of$130,075.20 D180 plus applicable tax, for the purchase of smoke alarms for the Anaheim Fire and Rescue Department as part of the Home Safety Visit program and authorize the Purchasing Agent to issue a purchase order, in accordance with Bid #8705. 4. Accept the lowest responsive bid from R Dependable Construction, Inc., in an amount D180 not to exceed $147,600, for improvement repairs at City Hall 7th floor to modernize and accommodate the expanded City Council and associated staff and authorize the Purchasing Agent to issue a purchase order, in accordance with Bid #8692. D180 5. Accept the lowest responsive bids of Veterans Communication Services, Inc., D4 Solutions Group, Intelinet Inc., and TekWorks and authorize the Purchasing Agent to issue four Master Agreements, in the combined not to exceed amount of$200,000, for citywide data, telephone and fiber optic cabling services for a one year period with four one-year optional renewals not to exceed CPI and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #8698. City Council Minutes of May 10, 2016 Page 9 of 10 6. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing D180 Agent to issue a purchase order to Siemens Building Technologies Inc., in the amount of $396,250 plus applicable tax, for software and hardware upgrades to the Anaheim West Tower HVAC Building Automation System. 7. Approve and authorize the Fire Chief, or his designee, to execute the Agreement to AGR 5141.E Transfer Property or Funds with the County of Orange, acting through its Sheriff-Coroner Department in its capacity as the lead agency for the Orange County Operational Area for the 2015 State Homeland Security Grant Program. 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. 8. Approve the Final Map and Subdivision Agreement with William Lyon Homes, Inc. for AGR-9875.1 Tract No. 17811 for property located at 701 East Cypress Street for the Avelina project. Mayor Tait and Council Member Vanderbilt abstained on this item. ROLL CALL VOTE: AYES — 3: (Mayor Pro Tern Kring and Council Members: Brandman and Murray). NOES— 0. ABSTENTION— 2: Mayor Tait and Council Member Vanderbilt. Motion to approve carried. 9. Approve the prepayment of a Community Development Block Grant Public Service Facility Improvement Loan by the Young Men's Christian Association (YMCA), in the D155 amount of$25,177.60, to satisfy outstanding loan obligations used for improvements to their building located at 240 South Euclid Avenue and authorize the Director of Community and Economic Development to prepare, execute and administer all documents necessary to complete the loan prepayment. 10. ORDINANCE NO. 6371 (INTRODUCTION) AN ORDINANCE OF THE D420 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 the 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). 11. ORDINANCE NO. 6372 (INTRODUCTION) AN ORDINANCE OF THE M142 CITY OF ANAHEIM amending Chapter 14.40 of Title 14 of the Anaheim Municipal Code relating to speed limits on city streets. D114 12. Approve minutes of City Council meeting of March 22, 2016. COUNCIL COMMUNICATIONS: Council Member Brandman announced the following upcoming events: The Taste of Anaheim would be held at GardenWalk on May 12th with food from restaurants around the city, the WAND Western BBQ was scheduled at Twila Reid on May 14th and the Art Crawl would take place at the Center Street Promenade on May 14th as well. He also requested the City Manager review, update and explore options to expand the eligibility criteria of the undergrounding program and stated particulars relating to funding and specific areas for everyone to have full City Council Minutes of May 10,2016 Page 10 of 10 access to this program. Mr. Brandman reported the passing of Library Board, Vice Chair, Kenneth Shimogawa, and requested the meeting adjourn in his memory. Council Member Murray thanked the OC BIA and OC Children and Families Commission for hosting the annual Builders for Babies Homemade event at the Angel's stadium which raised over a million diapers. She also highlighted upcoming events: the Annual Seneca OC Spring event to raise funds for foster children and thanked the Katella students who attended the meeting to share their opinions. Council Member Vanderbilt requested his council colleagues join him in signing letters acknowledging the achievements of over 65 Anaheim students in the OC Conservation Corp. Mayor Pro Tem Kring highlighted the success of the first Farmers Market in west Anaheim and encouraged its support every Wednesday at Twila Reid from 4:00 to 8:00 P.M. She also reported on various Sister City activities and thanked and complemented the Katella students and their teacher for their attendance and participation. Ms. Kring responded to comments regarding the tennis center funding and provided clarification, adding the need for additional parks. Mayor Tait spoke about his participation at a number of events: the Relay for Life event at Canyon High School, LOVE Anaheim event, the KaBOOM! Event, the success of the BIA event that raised over a million in diapers, the Hope Builders event offering job training, and his attendance at the Anna Drive Dia de Los Ninos event. He further requested staff look into speed bumps in that neighborhood and further suggested June 9th as a special meeting date for the short term rentals, asking the City Manager to coordinate accordingly. ADJOURNMENT: At 7:56 P.M., the May 10th council meeting was adjourned in memory of Kenneth Shimogawa. Rtfully submitted, Ai , 401 fil IP . Linda N. Andal, CMC City Clerk