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04/26/2016 ANAHEIM CITY COUNCIL REGULAR AND REGULAR AJOURNED MEETING OF APRIL 26, 2016 The regular meeting of April 26, 2016 was called to order at 3:00 P.M. and adjourned to 4:30 P.M. for lack of a quorum. The regular adjourned meeting of April 26, 2016 was called to order at 4:35 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 April 22, 2016 PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris Murray and James Vanderbilt. STAFF PRESENT: City Manager Paul Emery, City Attorney Michael Houston and City Clerk Linda Andal. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:35 P.M., Mayor Tait recessed to closed session for consideration of the following items. CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Michelotti v. City of Anaheim, Orange County Superior Court Case No. 30- 2014 00750012 2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: loana Aronovici v. City of Anaheim, et al., OCSC Case No. 30-2014- 00762502. 3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d)of Section 54956.9: (One potential case) INVOCATION: Pastor Paul Fietzek, Orange Avenue Baptist Church FLAG SALUTE: Council Member Brandman PRESENTATIONS: Recognizing Superintendent Mike Matsuda, Anaheim Union High School District—2016 Class of Leaders Mayor Tait announced Superintendent Mike Matsuda had been recognized out of 700 nominees nationwide and one of only 12 honored by Education Weeks as a 2016 leader in education. Offering background, he explained Superintendent Matsuda's mother, Ruth Ikeda, had been a student in the Anaheim Union High School District in the early 1940's when Pearl Harbor was attacked and how that event impacted the Matsuda family and other Japanese Americans. He added that Mr. Matsuda had been appointed superintendent of the same Anaheim School District 70 years later and was now being honored for his work in education. City Council Minutes of April 26,2016 Page 2 of 21 Recognizing Disneyland Resort Dreamers & Luminaries Award Recipients, Erica Rivera and Queen Kwembe of Savanna High School Brian Chwan, Project SAY (Support Anaheim's Youth), introduced two outstanding students who were awarded the Disney Dreamers and Luminaries award, Erica Rivera who partnered with her peers to provide a safe place for teens at the Brookhurst Community Center and Queen Kwembe for strengthening her community by focusing outreach efforts on issues directly affecting her peers and developing an anti-bullying curriculum and awareness campaign that would serve over 200 elementary students. Recognizing Jonathan Esquivel, 2016 Olympic hopeful, participant in the Cops4Kids boxing program Deputy Police Chief Julian Harvey introduced Jonathan Esquivel, who had joined the Boxing Club in the Cops4Kids program eight years ago and was now on his way to the Olympic boxing trials to represent the United States in Rio this summer. Recognizing Ethyn Ewing, Canyon High School student, for placing 5th at the 27th Annual NHSCA National Wrestling Championships Coach Richard O'Connor discussed Ethyn Ewing's path to the national wrestling championships, and that he had placed 5th in the finals. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming April 28, 2016, as World Day for Safety and Health at Work Proclaiming May 2016, as Community Action Month Proclaiming May 1-7, 2016, as Small Business Week Proclaiming May 1-7, 2016, as Wildfire Awareness Week Rusty Coffelt, Deputy Chief, Fire and Rescue Department, thanked the city for recognizing the importance of the department's urban interface and the diverse landscape in Anaheim. He stated the historic drought conditions in California made this area vulnerable to the risk of wildfire in the event of high winds and was why the department was promoting prevention methods through a social media campaign in an effort to make every resident aware. Proclaiming May 1-7, 2016, as Public Service Recognition Week Proclaiming May 3, 2016, as Crossing Guard Appreciation Day Proclaiming May 4-5, 2016, as Holocaust Remembrance Day Proclaiming May 5, 2016, as Cinco de Mayo Proclaiming May 6-12, 2016, as National Nurses Week Proclaiming May 8-14, 2016, as Women's Lung Health Week ADDITIONS/DELETIONS TO THE AGENDA: None City Council Minutes of April 26,2016 Page 3 of 21 PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk, Linda Andal. Mark Daniels, resident, addressing Agenda Item No. 19, appreciated the sentiment of the resolution but felt the wording should be amended to address hateful, divisive rhetoric in all political candidates, and not one specific individual. Brian Chuchua, resident, objected to Council Member Murray's resolution condemning Donald Trump for his biased statements, and stated it was morally wrong to take such a political stand before the primary ballot. Cecil Jordan Corken, Outreach Homeless Ministries, read an excerpt from The Bible. Duane Roberts, resident, thanked the City Manager for acting promptly on his complaint filed against Police Chief Quezada at the April 12th council meeting. As this complaint was considered an internal personnel matter with no results to be made available to the general public, he was now requesting the city council conduct a second investigation focusing on the Police Department's alleged mishandling of events at Pearson Park on February 27, 2016 for the express purpose of holding Anaheim police command staff accountable for their actions. He also asked one of the counter protestors, Tom Bibiyan, who was stabbed during the rally to tell his side of the story to the public. Tom Bibiyan reported he was stabbed twice by a member of the Ku Klux Klan at their rally in Pearson Park stressing he was not armed at the time and did not provoke the attack. He added if there was police presence at the park they would have intervened at the time of the assault. Treva Wishart, resident, objected to Agenda Item No. 19, announcing local elected officials had no business getting involved in the national election and urging Council take no action on the resolution. Mike Robbins did not feel Item No. 19 was appropriate for Council action. Regarding short term rentals (STRs), he stated they caused excess noise, traffic and trash and did not belong in quiet residential neighborhoods and urged a ban on new and existing STRs. Jeanine Robbins remarked the resolution addressing Donald Trump's rhetoric did not belong in council chambers as Anaheim had a multitude of issues and dissatisfied residents that should be Council's priority. Regarding short term rentals, she stated that about 150 of them were unpermitted and operating illegally in neighborhoods. Lynn Cudd, Community Services Board Chair, reported the 11 member board had reviewed applications for CDBG funding submitted by nonprofit agencies that served Anaheim residents. She explained the process that began last August and the guidelines the board followed prior to making a funding recommendation to the City Council, which this year, would be funded at the current level with no reduction from the previous year. The Community Services Board had approved the budget that was before Council this evening and was available to answer any questions. Raul Rodriguez, Trump Supporter and California Coordinator for America First, urged Council to oppose the Trump resolution, remarking it had no part in local government City Council Minutes of April 26,2016 Page 4 of 21 Daniel Robbins, resident, did not support a council member attempting to condemn Donald Trump's rhetoric as a candidate for president, remarking the derisive rhetoric of all candidates should be condemned, rather than singling out one individual. DeAnn stated Agenda Item No. 19 violated the Brown Act, emphasizing that city council members should keep their political preferences to themselves. She then submitted a copy of the Brown Act to the city. Vaughn Becht, Trump supporter, opposed Agenda Item 19, stating Council Member Murray's statement that the violent actions of supporters were condoned by Donald Trump during his rallies was racist, inflammatory and distorted and he offered rationale as to why the American public supported Trump. Former Senator Lou Correa supported Council Member Murray's resolution that rejected divisive rhetoric because it was the right thing to do. He added that many times after elections were over the damage to the communities caused by such speech lasted for years and while the Constitution guaranteed freedom of speech, Anaheim had the right to send a message that it would not be divided by such negativity. He then translated his comments into Spanish. Gary Gileno stated Council Member Murray participated in a SCAG regional meeting that voted on a regional transportation plan that would cost half a trillion dollars and tax people out of their cars. He indicated that page 120 of the plan identified $120 billion that was to come from a vehicle mileage tax, tracking and taxing every mile driven. He reported he placed a SCAG meeting and put it on YouTube. He blamed Anaheim for supporting this plan to restrict the public's mobility. As a point of personal privilege, Council Member Murray remarked that the city was required to put a representative on a regional body that looked at land use planning and transportation and the figures Mr. Delano was referring to was a 40 year total of multiple state and federal funding committed to all transportation in six counties and more than 120 cities and that she had served and volunteered her time on behalf of the City of Anaheim. Bobby Donelson, resident, requested the STR issue be scheduled on the May 10th or May 171h agenda with Option 2 as the only option. He pointed out a number of organizations along with residents had requested STRs be banned followed by a phase-out of the existing facilities. He believed the phasing out should be effective the date the new ordinance took effect as STRs had already recovered their investments. Regarding Item No. 22, he recommended returning the tennis court operation to the city as he disagreed with investing $7 million of city money into a privately operated company. He also did not support Item No. 19. Mike McCoy stated his opposition to the resolution against Donald Trump. Wes Parker opposed Agenda Item 19, speaking to why Donald Trump should be elected and how his plans would benefit all Americans. Pam Donelson supported a ban on STRs, asking that Council restore residential communities and their quality of life by banning all STRs of less than 30 days, 2) banning STRs of single rooms or partial units if the owner did not reside there, 3) banning advertising by any broker or website of rentals that did not comply with regulations, 4) allowing private right of legal action so residents could address violations, 5) and to support Option 2 to ban all present and future STRs. Lastly she requested Council direct city staff to return the STR ordinance to the May City Council Minutes of April 26,2016 Page 5 of 21 2016 council meeting, adding that she had 186 signatures in support of her request and submitted the information for the record. Ms. Donelson also supported Agenda Item No. 22. Victoria de Gomez, resident, opposed Agenda Item No. 19, calling for Council Member Murray's resignation for involving the city in national politics at a time when council members should be supporting and protecting Anaheim's communities. Chanel! Temple opposed the resolution denouncing Donald Trump, stating it was a misappropriation of taxpayer monies to place this matter on the agenda, and that city council should be working for the people and not their own personal agendas or goals. Ana Ramos Martinez, District 5 candidate, opposed council taking any action on national politics. She spoke of various programs that offered after school programs and should utilize the Anaheim Tennis Center to benefit the residents of that area. Robert Lauten, resident, supported Donald Trump and opposed Agenda Item 19, asking Bernie Sanders supporters to rally around Donald Trump and vote Republican and provided his opinion about the presidential race. Betty Robinson, We the People Rising, objected to Agenda Item 19, stating she did not care for some of Trump's rhetoric but he was frequently misquoted or taken out of context and pointing out that when you condemn Donald Trump you also condemn and alienate all of his supporters. She remarked Trump won 50—60 percent of the Hispanic voters in New York City, was admired and respected by many and urged Council take no action on Item No. 19. Janet West, We the People Rising, supported Donald Trump, stating he had provided many business opportunities to women, detailing some of those opportunities for the public and as President, she believed he would continue to elevate, compensate, and seek out qualified women. Naui Hi called for unity between opposing supporters, acceptance of all races, respect for the indigenous people, elimination of walls between countries and honesty. Tony Tarantino, resident and CEO of Tarantino Productions LLC, attended this meeting specifically to address the resolution denouncing Donald Trump, emphasizing that by adopting it, the city would be stepping on American citizens' rights to freedom of speech and to hear Mr. Trump's remarks. He urged Council to make a decision that would honorably address this issue. Catherine Juanita Hancock found it difficult to believe that Item No. 19 had been brought forward for consideration in 2016 and offered a quote from Theodore Roosevelt who fought against discrimination on the basis of creed, birthplace or origin. Yelene Lopez, resident, supported Donald Trump stating her family left Cuba 48 years ago because of a communist regime with no freedom of speech and no human rights and that this Council had no business getting involved in presidential elections and should put their focus on Anaheim-specific issues. An unidentified woman spoke on behalf of her neighbor, Carmen Lopez, who was concerned that Council was overstepping their boundaries to condemn an individual running for election City Council Minutes of April 26,2016 Page 6 of 21 and trying to influence the public in this manner. She stated personal opinions should be reserved for the editorial page and not for City Council business. Robin Hvidston indicated that she and others wished to assemble peacefully at city hall in support of Donald Trump when multiple anti-Trump protestors pepper sprayed a senior citizen and two young girls which resulted in a chaotic scene for all who witnessed it. She stated she supported Trump because he was self-funding his campaign and was not beholden to special interests, and his strategy involved arranging good trade deals for the country and bringing jobs back to America. William Fitzgerald, Anaheim HOME, did not support Agenda No. 19, and was critical of members of the City Council and their religious and political philosophies. As a point of personal privilege, Mayor Tait explained to members of the audience who were new to Anaheim, that Mr. Fitzgerald had been attending City Council meetings for 20 or more years, making outrageous statements and telling lies because he could under public speech, a right that was protected and that in most cases, Council chose to ignore his comments. Osvaldo Luna, long-time resident, discussed the impacts of illegal immigration with multiple families living in single family homes, gang activity and graffiti citywide, stating he had been waiting for a presidential candidate like Donald Trump for 24 years, a candidate that would put America first instead of donors who funded political campaigns. He objected to Agenda Item No. 19, emphasizing Council Member Murray's only focus should be on the City of Anaheim, not national politics. Paula McDermott opposed Agenda Item No. 19, remarking the job of local government was to uphold and defend the Constitution as the supreme law of the land, and by drafting this resolution, Council Member Murray was attempting to stop free speech and assembly and allow the general public to support and elect their candidate of choice. Peter Page, resident, appealed to the City Council to ban new and existing STRs in Anaheim because these businesses were destroying the quality of life in neighborhoods and affecting those trying to raise families and live here. Jason Medina read a letter from Melissa Grant, athletic tennis director for boys and girls in the Orange League and former athletic director for the Empire League, who remarked that both leagues used the Anaheim Tennis Center as a site for league finals for many years at no charge and provided Mike Nelson's philanthropic donations. She ended her letter of support remarking there was an excitement for tennis building because of Mike Nelson and his program. Alexis Tsamas speaking in support of Mike Nelson and the Tennis Center operation, explained she had begun playing tennis at Katella High School, graduating in 2010, and had been offered a position at the Anaheim Tennis Center that allowed her to continue playing tennis after school. Having worked there for the past five years, she recognized how much time Mike Nelson devoted to students in his programs, encouraging them to excel in life as well as in tennis. Mavae Lopez indicated she had been working at the Tennis Center for the last three years, having played tennis since she was nine years old through city classes at the Tennis Center. She was very appreciative of the opportunity she had been given and the positive influence the Tennis Center had on her fife. City Council Minutes of April 26, 2016 Page 7 of 21 Vanessa Islas, west Anaheim, announced she and her sister Jocelyn went to the Anaheim Tennis Center to grow into high level tennis players and through a scholarship offered by Coach Mike Nelson, they were able to attend after school clinics to help improve their game and were now considered highly ranked players in Southern California. Kevin Hogan, spoke in support of finding a home for the Anaheim Halloween Parade floats, stating he and his sons had been working as a volunteer on this event for three years. He asked that the work of community volunteers that kept this tradition going for over 90 years be honored and the city help find a storage site to house the Fall Festival floats and displays. Julie O'Day reported this was a call to action for all Donald Trump supporters to boycott Disneyland because the city of Anaheim was denying free speech to Donald Trump. She believed the resolution denouncing Trump was inappropriate, went against the will of the people, and brought out the worst in counter protestors. R. Joshua Collins, homeless advocate, stated Anaheim needed to find a better tactic to address the homeless situation, one that did not violate 4th amendment rights by misappropriating homeless belongings from public parks. Lou Noble, homeless advocate, gave his perspective on politics, objected to the city's method of handling the homeless, and offered a plea for the establishment of safe zones for that population. William Baternan, resident, spoke in support of Mike Nelson, Anaheim Tennis Center operator, remarking he managed the facility well, promoted tennis in general and offered a good experience for him and other seniors. Annette Buck, US Tennis Association, spoke on behalf of Mike Nelson and the Anaheim Tennis Center, stating he was committed to providing life-enhancing opportunities to the tennis community and had an excellent reputation among other teaching pros and administrators in Southern California. She pointed out Mr. Nelson was also the volunteer chair of the Adult/Senior Competition Committee in Southern California growing and providing tennis for people of all ages and abilities. Martin Lopez, resident, requested the STR issue be resolved by the May 2016 council meetings, to include banning all STRs, existing and new, with no grandfathering in of permits or special privileges to anyone and to impose stronger regulations and enforcement methods immediately to address those businesses operating illegally. Regarding the Anaheim Tennis Center, he concurred that the programs were well run but would prefer to see capital improvement funds not spent on a privately run facility and instead were reinvested in the community. Ron Bengochea objected to Agenda Item No. 19, stating it was inappropriate for Council to force their values on the residents of Anaheim, urging no action on the item. Translation: Language, Spanish. Benjamin Rodriguez, stated he was in favor of Item No. 17, permit parking for Laguna Place, objecting to the fact he had to wait nearly three hours to speak on the city's business. City Council Minutes of April 26, 2016 Page 8 of 21 Fabrizio Mejia stated he had been playing tennis at the Anaheim Tennis Center on a scholarship that enabled him to become a much better tennis player. He spoke in support of the Center, remarking the coaches gave him confidence, not only in tennis, but life in general. Buttons Barton, long-time resident, spoke in support of Mike Nelson, remarking she and her family had been using the Tennis Center for 30 years, and it was a well-run facility and an asset to the community. Linda Worth, resident and member of the Tennis Center, spoke in support of Mike Nelson, for running a first class facility, giving back to the community in the form of scholarships, equipment donations and job opportunities and for his leadership, professionalism and dedication. An unidentified speaker announced there was one issue that was affecting him personally, the STRs that were being allowed to do business in his residential community, impacting the peace and quiet and safety for all. He asked that a resolution to this issue be placed on a future agenda and that City Council listen to all who have voiced their opinions adding that a business did not belong in a residential community. Daniel Islas, west Anaheim, spoke in support of the Anaheim Tennis Center, stating that as a parent, the tennis operation built on a foundation on academics, character building and sports and in his opinion was a jewel in the city of Anaheim. His daughters earned scholarships to play in the academy and be mentally strong, and he encouraged Council to visit the facility and see how important the tennis center was for the city. Luis Vega remarked his organization had registered over 3,000 residents to vote by mail in Anaheim and assisted over 1,000 residents with their citizenship process. Orange County was a community of immigrants of all races and all faith who stood in support for one another against anti-immigrant rhetoric. He added on May 1st, there would be a march to support all immigrants at Pearson Park, inviting all to attend in support of this effort. Michael Chu, addressing parking issues on Spinnaker Place, requested Council approve Agenda Item No. 18, a parking permit proposal that the majority of residents favored. He managed a property that had been impacted by double parking, continual parking in the alleys that prevented emergency vehicles and personnel access and preventing resident's ingress and egress from garages. Marisol Ramirez, OCCORD, rejected and denounced any anti-immigrant racist and divisive rhetoric from not only presidential candidates but any candidate that was not supportive of immigrants emphasizing that over 50 percent of Anaheim's residents were Latino immigrants and did not welcome attacks on their communities. She added that by placing this item on the agenda, the city created a platform for hatred and violence to be welcomed and dishonored the residents of Anaheim. Vern Nelson, resident, remarked that weighing in on a presidential election was not the business of the City Council, and whether or not the public agreed with Donald Trump and his supporters, they had the right to freedom of speech. Francisco Gonzales remarked his parents came from Mexico in the early 80's and he was a Trump supporter and not offended by his statements. He did not support Agenda Item No. 19, stating minorities did not have to be protected in this manner and that they could make up their own minds on these issues. City Council Minutes of April 26,2016 Page 9 of 21 Jeffrey Froehlich, SEIU United Workers West/Anaheim resident, requested the city's support for the residents of Anaheim with a potential impasse looming on May 2nd with some of the largest real estate developers in Southern California such as Irvine Company and CB Richard Ellis who were threatening to return to pre-1980 wages with no health insurance. Regarding Agenda Item No. 19, he pointed out there was nothing in the resolution that stated Council was taking a position to say vote against Donald Trump, it simply denounced his hate rhetoric. Steve Frayne, who was a graduate of Canyon High School, was distressed over the spectacle of the Trump protestors and anti-protestors at city hall and recommended Council focus on city issues and stay out of the nation's business. Donna Acevedo Nelson asked that a full investigation be opened into the KKK rally at Pearson Park on February 27th when members of the Klan clashed with anti-racist counter protestors. She pointed out one of those protestors was stabbed by Charles Donner who was released by the Police Department who stated he acted in self-defense. She disagreed and wanted a full investigation. Luisa Lam, resident, urged Council to ban new and existing STRs and to consider that ban on the May 10th or May 17t agenda. Regarding the Anaheim Tennis Center, she had an opportunity to tour the facility, mailing her comments to the City Council at the end of March. She supported renovating the Wagner House but did not feel the cost of$7 million for those improvements was necessary, urging the city to reconsider the expenditures and allocate the funds to uses that would benefit the community overall. Ms. Lam submitted her March 31st email for the record. Mary Newman considered the Trump resolution on the agenda as immoral and unlawful, and suggested the Fair Political Practices Commission investigate this matter and called for the resignation of those supporting it and using their power of influence to negatively impact a national election. Dr. Newman remarked to condemn a presidential candidate was to support chaos and disruption at political events, adding that legal immigration and assimilation in America was American and illegal immigration was anti-American. He also objected to the expenditure of taxpayer funds for his matter urging council to reject Agenda Item No. 19. Ibrahem Dalati remarked that growing up as a Muslim American in Anaheim, he had seen more and more people fear Muslims and other communities because of a few extremists who did not follow the Koran. He emphasized Islam was about peace and that anyone who killed in the name of God was not part of the Muslim religion. Anita Hynds representing the Orange County Tax Report, did not support the use of taxpayer funds to manage the disorder resulting from a resolution condemning Donald Trump and his rhetoric that brought police officers out in full force including the use of a helicopter. She thought it was an abuse of taxes and not included in the scope of local politics Mohammed Dalati supported Council Member Murray's resolution, stating he was speaking up for everyone Donald Trump ever discriminated against and his goal was to ensure everyone was treated equal and to become the President of the United States when he grew up. City Council Minutes of April 26,2016 Page 10 of 21 isollina Correa, resident, spoke in opposition to STRs, emphasizing it affected her marriage and her children's well-being wondering if she would have to move to get away from the impacts; she urged a complete ban on the STRs. Alberto Blackwood remarked he was a resident of Anaheim and a Unitarian Universalist candidate for the ministry and firmly believed in separation from church and state, but also believed that morally, public officials were charged to uphold justice and the rights of the public and he supported Council Member Murray's resolution regarding hate rhetoric and to give a voice to the people. Mirvette Judeh remarked as an Arab and a Muslim woman, she was conflicted about the Trump resolution because he was no worse than other candidates and believed the resulting bad publicity only helped him. She believed the resolution should be amended to denounce all candidates who spread hate rhetoric to influence the public and to counter the rhetoric by proclaiming the month of April as Arab American Heritage Month. Bill Dalati remarked the public had misread the Trump resolution stating it said to stop the hate rhetoric. From his perspective, ethical values began in the home, broadening to neighborhoods, the city, and eventually countrywide and it was appropriate for the City Council to consider this resolution. Layla Dalati remarked she was 14 years old and did not understand politics but was standing here to say do not vote for Donald Trump because of his disrespectful demeanor to man. She stressed that her Muslim religion was a religion of peace and she was proud of it and the freedom of speech and religion that America offered her. Maryann Dalati stated that no one should be criticized for an opinion and it was time to stop attacking each other and build bridges. She added America was a place of freedom and people should agree to disagree and stop the hatred. Senator Joe Dunn remarked there were pressing issues in the city of Anaheim and he hoped the city would get back to the STR problem that should not be ignored despite the volatility of tonight's meeting. Regarding the Trump resolution, he had a historical perspective of similar rhetoric that led to Hoover Administration's program called the Repatriation Program or American Jobs for Real Americans that forcibly deported 1.8 million individuals to Mexico in 1930-1935, even though 1.2 million of those individuals were born and raised in the United States. He urged Council to broaden the resolution and ensure this city would not tolerate divisive rhetoric or policies from any politician. Rida Hamida spoke of her recent personal experience with bigotry. She stressed that she was not a foreigner, and was a proud California girl and supported condemning all anti-hate rhetoric and bigotry towards anyone. Arturo Ferreras explained he came to the United States as a Philippine immigrant because it was a land of opportunity, became a citizen residing in Anaheim and wanted those same opportunities for other immigrants who were still struggling with the process. He added that after nearly four hours of distraction by the Trump resolution, he was here to petition Council to put the STR issue on the May 2016 agenda, support a ban of the STRs and at the same time, provide strict policies to restore neighborhoods. City Council Minutes of April 26,2016 Page 11 of 21 Jim Callopy stated he was one of many seniors who played tennis at the Anaheim Tennis Center, adding that he had known Mike Nelson for 35 years and this was the third tennis facility he followed Mike Nelson to as did many other Ridgeline members. He encouraged the city to retain Mike Nelson's services on behalf of the tennis community. Art Astor, Astor Classics Event Center/Astor Classic Museum, remarked he had his business in Anaheim for almost 28 years and valued what the city offered. While a member at Big Canyon Country Club, he preferred the Anaheim Tennis Center for its diversity to the young as well as to the seniors and at 91 years, he had been encouraged by Mike Nelson to continue to play. Having worked with Mike Nelson at three different clubs, Santiago Canyon, Ridgeline and now the Anaheim Tennis Center, he emphasized the tennis center was well run and Mike Nelson was a good teaching pro and a solid citizen. Karina Paredes Arzola, Clergy and Laity United for Economic Justice, urged the city to ban all STRs and supported any acts on behalf of the city to condemn bigotry and racism. Dalai Alia stated she was not against Donald Trump but she would not tolerate hate speech or words that made people feel bad. She supported doing the right thing and sending a message that hate rhetoric was not acceptable to this city and for that message to spread regionally and nationally. Nahla Kayali remarked she spent most of her time in Anaheim and witnessed how the city had been supporting the underserved immigrants and refugees. She thanked Council Member Murray for bringing forward a resolution that gave the people a voice. Linda Lobatos thanked Council Member Murray for representing the 11 million immigrants that were impacted by hate rhetoric and while she supported the resolution, she believed it should be directed to all political candidates, rather than one. As a District 3 resident, she wanted to make sure the city continued to do the work that would benefit Anaheim, specifically, finding programs and services that would address the homeless population and Anaheim's youth. Art Diaz remarked the Anaheim Fall Festival and Halloween parade was the single oldest event in the city, a 100 percent volunteer effort that was looking for a long-term solution (having found a temporary answer)to house its floats and displays. He invited all members of the community, all ages, shapes and sizes, to get involved. Jeff Latourneau, addressing the Anaheim Tennis Center, stated if Council majority had not misappropriated the public coffers of almost $1 billion and mortgaged the next three generations of citizens, the argument over funding the Tennis Center Improvements at$7+ million would not be such an issue; he did not support the proposed improvements for a private facility. Regarding Donald Trump, he felt he was an embarrassment to the country and questioned the motivation to put this item on the agenda as an attempt to stop Donald Trump's candidacy, a purely political move in his opinion. Victoria Michaels requested Council Member Murray's resignation remarking Donald Trump's rhetoric had no place on the city's agenda and questioned the motivation of other elected officials who spoke in support of the resolution. She then translated some of her comments into Spanish. Robert Williams opposed Item No. 20, that changed the zoning on a certain parcel from general to commercial, suggested renegotiating Item No. 22, the Anaheim Tennis Center so that the city City Council Minutes of April 26,2016 Page 12 of 21 would not be paying for the upgrades to the tennis center but would keep the tennis administrator on site, and remarked Council should be on the same page with tax subsidies and hotels, and consider supporting the Police Department with more funding rather than giving it to the developers. Matt, resident, did not agree that it was City Council's business to condemn rhetoric of presidential candidates, adding that it was more important to protect every person's rights. Benjamin Perdon stated he lived in a neighborhood that had been terrorized by gangs, asking that council stop the criminal activities going on in various neighborhoods, such as Melrose, Clifton, Juanita and Ponderosa, and urged the city to promote education for youths to combat gang influence. Jose Pineda, resident, appreciated Council Member Murray bringing Agenda Item 19 forward, adding that he was born and raised in Anaheim because his parents emigrated here to provide opportunities to his family. He found it difficult to be proud of his heritage when presidential candidates were anti-immigration and in favor of tearing families apart. He was thankful to have a chance for his voice to be heard along with others who were afraid to speak out. Kelly Hale supported Donald Trump and many of his viewpoints, such as the right to protect this country by building a border wall, and to be against radical Muslims who were behind terrorist actions. Joanne Sosa indicated her first priority was to ensure STRs were banned and their impacts on residential neighbors ended. She also explained her personal background that shaped her as a political activist and why she opposed the resolution condemning Donald Trump's rhetoric, stressing that the resolution should take into account all candidates with hate rhetoric, not just one. Greg Diamond stated that because of the significant number of public comments raised this evening due to Agenda Item No. 19, Council may wish to postpone the tennis center item because many speakers were no longer present. He then requested the City Attorney set the record straight that CATER did not cause the city to pay $10 million to the contractor by delaying the convention center expansion because of CATER's litigation against the city. With no other comments offered, Mayor Tait closed Public Comments. COUNCIL COMMUNICATIONS: Mayor Pro Tem Kring clarified that school board members and trustees were responsible for city schools, not the City Council. She requested the City Attorney give an overview of the STR moratorium and how Sherwood Village homeowners associations were affected. In response to Mayor Pro Tem Kring's request, Michael Houston, City Attorney, advised that STR permits were issued in the Sherwood Village as the homeowners association specifically acknowledged to the city that they were not prohibited; however, he limited any further comments due to the matter being subject to litigation. Council Member Vanderbilt thanked the Community Services Board for their thoughtful consideration of applications for the CDBG (Item #8). He also stated he would request staff return to Council with option 1 or 2 regarding the short term rentals in the near future and further City Council Minutes of April 26,2016 Page 13 of 21 stated he would request item 23 be postponed since staff already coordinated a short term solution for the Fall Festival floats and displays. CITY MANAGER'S UPDATE: Paul Emery advised the short term rental ordinances would be scheduled at the earliest for the last meeting in May, and no later than the first meeting in June, 2016. CONSENT CALENDAR: Mayor Tait pulled Item No. 19, and declared a conflict of interest on Item No. 11 and 12 as his firm has done work for OCTA this past year as well as with Metro LLC. 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 Brandman. Roll Call Vote: Ayes—5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt.) Noes—0. Motion Carried 8105 1. Receive and file minutes of the Sister City Commission meetings of January 25, 2016 and February 22, 2016, and Community Services Board meeting of March 10, 2016. D117 2. Approve the Investment Portfolio Report for March 2016. D180 3. Accept the lowest responsive bid of Signature Flooring, Inc., in an amount not to exceed $271,637, for carpet removal and replacement services for the Public Works Department at the Central Library, City Hall 1st and 2nd floor common area locations, and the Muzeo. 0180 4. Accept the lowest responsive bid of A-1 Air Conditioning Heating & Service Company, Inc., in an amount not to exceed $105,630, to refurbish an air handler and replace a condensing unit for the Council Chamber, in accordance with the scope of work, specifications, and terms and conditions of Bid#8672. 5. Award the contract to the lowest responsible bidder, Metro Builders & Engineers Group, AGR-9983 LTD, in the amount of$124,180, for the modification to the City Hall pedestrian bridge support and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. D180 6. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a master agreement to FLIR Surveillance Inc., in the amount of$52,500, for service maintenance to the FLIR Star Safire HD camera system for continued advanced air response and command capabilities for a one year period with an additional one year renewal option and authorize the Purchasing Agent to exercise the renewal option, subject to budget appropriations not to exceed four percent. AGR-9984 7. Waive the competitive bid requirement of Council Policy 4.0, and approve and authorize the Purchasing Agent to execute an agreement with the Orange County Conservation Corps, in the amount of$75,000, for brush clearance services for the Fire & Rescue Department. City Council Minutes of April 26,2016 Page 14 of 21 8. Approve the fiscal year 2016-2017 Annual Action Plan, in the total funding amount of D155 $7,252,938, for federal Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), Emergency Shelter Grant (ESG), and Housing Opportunities for Persons With Aids (HOPWA) funds, approve the Residential Rehabilitation Program Guidelines and designate the Director of Community Development as the certifying official authorized to execute all documents related to the administration, management and implementation of the CDBG, HOME, ESG, and HOPWA programs. D155 9. Approve the Regional Analysis of Impediments to Fair Housing Choice, a prerequisite when applying to HUD grant programs, and designate the Director of Community & Economic Development as the certifying official authorized to execute all documents related to the administration, management, and implementation of the CDBG, HOME, ESG, and HOPWA programs. 1108 10. Approve the Anaheim Tourism Improvement District FY 2014/2015 Annual Reports for the Marketing and Transportation Component Funds. 11. Approve Amendment No.1 to Cooperative Agreement C-1-2468 with the Orange County Transportation Authority (OCTA)for the Senior Mobility Program, approve and authorize AGR 1482.6.1 the Director of Community Services to execute the Senior Mobility Program Agency Service Plan (Plan) with OCTA, direct staff to submit the Plan to OCTA for approval, and authorize the Director of Community Services, or designee, to take the necessary actions to implement the Plan. Mayor Tait abstained on this item. ROLL CALL VOTE: AYES—4: (Mayor Pro Tem Kring and Council Members: Brandman, Murray and Vanderbilt). NOES— 0. ABSTENTION— 1: Mayor Tait. Motion to approve carried. 12. Approve the Final Map and Subdivision Agreement with PT Metro, LLC for Tract No. AGR-3750.A.1 17703 for property located at 1404 East Katella Avenue for the A-Town project. 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. 13. Approve a professional services agreement with Dewberry Engineers, Inc. for ongoing and upcoming on-call rail services in support of the Public Works Department for a one AGR-9985 year term with the option to renew for a period of seven additional years, at the sole discretion of the Director of Public Works. 14. Approve the Cooperation and Contribution Agreement with the City of Stanton for fair share participation energy and maintenance costs for the traffic signal and safety lighting AGR-9986 at the intersection of Magnolia Avenue and Winston Road. 15. Approve the First Amendment to Agreement with Robert Borders &Associates, increasing the not to exceed amount from $200,000 to$400,000, for design and AGR-6665.A.1 architectural planning services for facility modernization and security enhancements throughout the city through 2019. City Council Minutes of April 26, 2016 Page 15 of 21 16. Approve and authorize the Director of the Convention, Sports & Entertainment Department to execute and take the necessary actions to implement an Allocation AGR-9987 Agreement with Anaheim Arena Management, LLC regarding performance and the payment of the cost to perform certain architectural remedial work at the Honda Center pursuant to the previously authorized settlement of lawsuits filed under the Americans with Disabilities Act of 1990. 17. RESOLUTION NO. 2016-065 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM designating Laguna Street/Place from La Palma Avenue to south end of the cul-de-sac as "Permit Parking Only" street within Permit-Eligible Parking District No. 17 ("Anaheim Memorial") and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3). 18. RESOLUTION NO. 2016-066 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM establishing Permit-Eligible Parking District Nos. 47 ("Jetty"), 48 ("Nautical") and 49 ("Spinnaker") and designating Jetty Drive north of Orangewood Avenue, Nautical Street north of Orangewood Avenue, and Spinnaker Street north of Orangewood Avenue as "Permit Parking Only" streets and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3). C280 20. ORDINANCE NO. 6368 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal code relating to zoning (Reclassification No. 2015-00287; DEV2015-00110) (2585 West La Palma Avenue; rezoning property from industrial zone to general commercial zone) (Introduced at the Council meeting of April 12, 2016, Item No. 38). D114 21. Approve minutes of City Council meetings of February 23, 2016 and March 1, 2016. END OF CONSENT CALENDAR: D116 19. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM denouncing divisive rhetoric in U.S. Presidential race by candidate Donald Trump. Mayor Tait remarked he would move to take no action on this item as he believed it was political in nature and that it was not appropriate for the Council to take action to support or oppose any candidate, no matter what type of election it was and expressed some concern about the legality of using city staff to draft the resolution. MOTION: Mayor Tait then moved to take no action on Item No. 19, seconded by Council Member Vanderbilt who looked forward to deliberation on the item. DISCUSSION: Council Member Murray remarked as the author of this item, she wished to emphasize the City Council had taken action on national issues, providing copies of resolutions adopted last year to support national immigration reform, a pathway to citizenship, supporting Syrian refugees and to take a position on immigrants and refugees and to denounce hate speech when it occurred in Council Chambers. She appreciated the public taking the time to speak on this issue stating she had called for this resolution not for any political purpose but to City Council Minutes of April 26,2016 Page 16 of 21 defend the civil liberties against derisive and divisive rhetoric towards the people she was elected to serve. And, she stated, she was not alone as an official in requesting the city to consider action on this issue; there were many cities and organizations nationwide that did the same. Additionally, she had heard the voices of many who emphasized that divisive political rhetoric should apply to everyone, not just a single candidate and because of feedback she had received over the past few days, an amendment to the resolution was prepared to accommodate those voices and with that amendment, she hoped the City Council would support the item. She then outlined each specific change that would remove Donald Trump's name and ensure the resolution was applicable to all candidates and provided copies of the amended resolution to the Council. AMENDED MOTION: Council Member Murray then moved to amend the resolution as she had outlined, seconded by Council Member Brandman. DISCUSSION: Mayor Tait remarked his motion was to take no action and the amended resolution changed that motion substantially, adding that it would be more appropriate to agendize the amended resolution at a future meeting. Council Member Murray remarked she had vetted the amended resolution with the City Attorney who stated it was in compliance with state law and the resolution had been seconded by Council Member Brandman. City Attorney Houston, responding to Mayor Tait's question as to whether the amended resolution was entirely different from the original, stated that if Council Member Murray's motion was to approve the resolution as amended, it would be an appropriate amendment as being germane to the action. He added that ultimately it was the presiding officer who made parliamentary determinations which could be appealed if the governing body disagreed. Mayor Tait disagreed, emphasizing the members of the public came to city hall to protest a resolution that condemned the actions of Donald Trump and now that resolution had been amended to remove Trump's name, a different matter than the one that was discussed in the press and in his opinion, should be placed on the next agenda and discussed at that time. He still felt the city should take no action on the resolution that was on this agenda. Council Member Murray remarked these were simple changes, eliminating a reference to one candidate and standing in support of tens of thousands of Anaheim residents to object to derisive and divisive rhetoric from any candidate. MOTION: Mayor Tait stressed that he believed the amended resolution was a substantially different resolution than the original and would not be appropriate to consider because of the Brown Act and he requested it be agendized for the next two meetings. Council Member Murray challenged that ruling because the amendment was appropriately made, condoned by the City Attorney and seconded and the protocol of the City Council was to hear that motion first. If the Mayor was going to disallow that, council should have an opportunity to weigh in. After conferring with the City Clerk, Mr. Houston responded there was a motion to appeal the Mayor's ruling as the chair, that would require a second from the body, a debate, and if the majority vote was in favor of that appeal, the Mayor's ruling would be overturned. Mayor Tait asked for a second with Mr. Brandman seconding the motion. DISCUSSION: Council Member Vanderbilt, in an effort to reach consensus, recommended a modification to the amendment to strike references to the U.S. Presidential race with Mayor Tait responding a second amendment was not acceptable at this time. City Council Minutes of April 26,2016 Page 17 of 21 To clarify, Mr. Houston explained there was a procedural motion before the Council in which the action taken would determine whether or not Council Member Murray's amendment of the resolution would proceed to a vote prior to the Mayor's main motion to take no action on the original resolution. During discussion, he stated, Mayor Tait had asked if the amended resolution was appropriate under law, and he had opined it was germane to the topic and the public had spoken on this topic with many offering this amendment as a suggested alternative. He reiterated that Mayor Tait then made a parliamentary ruling to have the amended resolution considered at the next city council meeting and Council Member Murray had challenged the Mayor's ruling. ROLL CALL VOTE: AYES —2: (Council Member Brandman and Murray). NOES -3 (Mayor Tait, Mayor Pro Tem Kring and Council Member Vanderbilt). The Mayor's ruling was sustained. RESTATED MOTION: Mayor Tait made a motion to take no action on Agenda Item No. 19, seconded by Council Member Vanderbilt. DISCUSSION: For the record, Council Member Murray stated this resolution was solely about the City Council taking a stand on political rhetoric that had in many cases denigrated the basic humanity of many members of the Anaheim communities and that she had not intended it to be for or against any one candidate but to elevate and broaden the discussion in the presidential race and insure the people of Anaheim understood the city did not condone the type of rhetoric or language used in this campaign. Mayor Pro Tern Kring indicated she would support taking no action on this item as she did not feel Council should get involved in national politics and should focus on what was important to Anaheim. Council Member Brandman believed the motion to take no action was wrong and had wanted an opportunity to vote on the amended resolution because Anaheim should take a stand on this issue. Council Member Vanderbilt remarked he supported the amended resolution and would have preferred that Council had the opportunity to substantively discuss the issues. ROLL CALL VOTE: AYES—3: (Mayor Tait, Mayor Pro Tern Kring and Council Member Vanderbilt). NOES—2: (Council Member Brandman and Murray). Motion carried. A brief five minutes recess was taken by the city council. 22. Discuss and provide direction to City staff regarding the potential termination of the existing contract with Mike Nelson's Orange County Tennis Academy, Inc. and the future AGR-4766 operation of the Anaheim Tennis Center. Director Terry Lowe reported, at the request of Council Member Brandman, staff was asked to agendize this item concerning the potential termination of the Anaheim Tennis Center contractor and offered a brief summary of the lease under which the contractor operated, as follows: • The initial term of the lease signed in 2007 was for 20 years and included two additional consecutive five year renewal periods; • The city could terminate the lease without cause for any business reason other than for the selection of a new tennis center operator, providing the city gave 180 days' notice to the contractor. • Under current lease terms, the city would be required to reimburse the lessee $65,000. City Council Minutes of April 26,2016 Page 18 of 21 Two scenarios were then developed; the first having the Community Services Department assume the operations of the center as it was currently operated, requiring a budget of about $516,000 to continue under the same general operating hours along with some concessions at the site such as court rentals, use of a ball machine, tennis lessons and the like with an estimated revenue generation of about $115,000. Under this scenario the general fund would be impacted by about $400,000 per year. The second option would take this a step further and open the facility up to the public for walk-on purposes at no cost, with an annual general fund draw of about $516,000 per year and a one-time cost of$144,360 required for the purchase of furniture, office equipment, etc. which the contractor now provided on site. Council Member Brandman remarked that in 2007, a lease was approved for a tennis operator for 30 years, inquiring if Mr. Lowe remembered when that process began. Mr. Lowe responded a Request for Proposal for the project was advertised and all the applicants that applied for the concession indicated in the documents to the city they would be making substantial investment in the facility. Mike Nelson was selected based on his resume, expertise and the deal he offered to the city. From that point, there was a two year planning process that involved numerous public meetings, several presentations to Council, along with meetings with the historical committee, the tennis community and the surrounding neighborhoods of the facility. From that process the current plan was put in place and approved by City Council, and he pointed out, it had been in the capital projects queue ever since and was now at a point in which staff had advertised an RFP for a design/build contractor and was just now receiving the bids back. Council Member Brandman remarked his first year on the council was 2013 with Mr. Lowe responding that the project had been budgeted before that and prior to his taking office, the Council during a budget process had prioritized capital projects and Ponderosa Park was determined to be a higher priority and moved to the list while the tennis center improvements dropped down. Mr. Brandman provided a brief history remarking when he ran for city council, one of the key commitments he had made to the public was that during his service on the council, the city would complete a 60+ year plan to create a full city athletic park at La Palma Park, and a conceptual master plan was prepared in the 90's and he thought in 2012, the city was well on its way to go forward with the plan. Then in 2013 as part of the budget process, the tennis center improvement project became a priority and he believed there was no reason why both projects should not go forward. Subsequently in 2014, the Anaheim City School District Board of Trustees approved a non-fully public access independent charter school at La Palma Park without the city's consent or formal input and using the city's land. Anaheim only found out about it because the school could not open unless the city's consented to extend the lease, including all the necessary variances required for school use rather than a Public Access Park was granted. Following that, in 2015, the city found that a parcel of land owned by the city that was intended to create public access park space was adjacent to a freeway and because of an AQMD health advisory, it was deemed not advisable to put that park space near a freeway. He added that deliberations began to sell the land and use the revenues to expand park land for public access hopefully at Boysen Park and La Palma Park and in the summer of 2015, he indicated an application came from the charter school to use the land at La Palma Park for a non-fully public access usage and both he and Mayor Pro Tern Kring were supportive of retaining the land for La Palma Park, but did not prevail on that vote. Council Member Brandman stated as a policy maker, his guiding principle had always been to fully expand public park space with full access to all Anaheimers, and he now realized that granting a lease to someone for a non-fully public usage was not a core city service and if he City Council Minutes of April 26,2016 Page 19 of 21 was to hold true to his principles, it was important to have a policy discussion on the core issue of whether the city should be in business with the tennis center private contractor. He looked at this item as an opportunity to say if Council was interested in providing full park access to its park space and approved the tennis center renovation, then it should be brought back in-house and make the facility full public access. Mayor Tait responded that his objection with the renovation of the tennis center was the cost of the improvements at$6 to $7 million and that he did not have a problem with it being privately operated similar to the way golf courses were managed in Anaheim. In his opinion, the improvement plans went well beyond contractual obligations and he thought the best option was for the city to meet its contractual obligations for a first class tennis facility, restore the Wagner House including retaining and updating the existing restrooms and locker rooms and eliminate the extras, i.e., the stadium and sunken tennis courts and wedding event center. That would then free up a significant amount of funding for Boysen Park or the purchase of new park land. Council Member Murray remarked that the tennis center improvement project as presented to Council reported it had been required under the terms of the contract with the tennis operator, Mike Nelson. She requested Mr. Nelson provide his perspective on this change in the scope of work. Mike Nelson remarked the contract was signed in 2007 and there was wording in the contract as to what the obligation of the city was; i.e. to refurbish, remodel the Wagner Home and take the concrete out and replace the trees that lined the tennis courts, redo the parking lot and signage and some furnishings. At this point, he stated, negotiations had been going on for nine years and he hoped to go forward and have the city undertake its obligations that would allow the renovation process to begin. He stressed this was what the contract outlined and is what he would like to see done and that eliminating the sunken court and wedding event area would bring about consensus among the Council and the renovations could begin. Council Member Murray requested staff share why the recommended improvements included the additional expenses and enhanced scope of work. Director Lowe responded that prior to 2007, his discussion with the City Manager and one-on-one discussions with the prior Council was to develop the best municipal tennis facility in Orange County, and accordingly, staff began with a public input process. It was important to the Historical Committee that the Wagner house be restored to its original condition to be placed on the National Historic Registry and the consensus with City Council, at that time, was to eventually adopt this plan. He pointed out the Mayor was right in that the Wagner house restoration triggered a number of things to happen and what came out of that process was to maximize revenue potential by attracting more tournaments and more people using the facility, with stadium seating. He added this was not critical to the operation of the facility, but at that time, it was the direction staff received. Regarding the the wedding and banquet facility, the concept was to enlarge the garden, put in a pergola and some overhead structure that could host events and accommodate more types of events besides tennis. He added that was the history of how the capital improvement plan got to this point in time. Mayor Pro Tem Kring remarked that she believed Council was interested in preserving the Wagner House as an asset to the city, inquiring if there was a more definite dollar figure for the work. Mr. Lowe responded that within the RFP that was currently advertised, each item of work was listed separately and council would know the cost of each improvement. Mayor Pro Tern Kring disclosed she met with Mike Nelson last week, noting he had done a number of City Council Minutes of April 26,2016 Page 20 of 21 improvements on his own, including eight pickle ball courts. She supported Mr. Nelson and his operation, stating he donated about $125,000 a year back into the community with equipment and lessons and promoted tennis at Katella and Loara high schools. She supported keeping Mike Nelson as the operator and her first priority was to get started on the Wagner house. Council Member Murray concurred; the facility was well run by Mike Nelson and provided services to the community effectively. She had thought the project upgrades were wanted and supported by staff, and for her, she looked to staff for direction as to what was in the best interests of the city on every contract and encouraged staff to make those recommendations each budget year. For Mr. Nelson, she supported continuing to honor his contract, keep the Wagner house intact, and reviews the cost of the upgrades and if no longer warranted, wanted or needed, that information would be helpful for her to make a decision. Mayor Tait remarked if the Wagner house could be renovated with the existing locker rooms and bathrooms, it might not be perfect for the National Historic Registry, but it would be nearly perfect and stopped the domino effect of adding new buildings to the facility. He appreciated Council Member Brandman agendizing this item, asking staff to review the project and consider one that would meet the city's contractual obligations to Mr. Nelson, adding that he was appreciative of Mike Nelson's operation, particularly his community outreach, and adding there might be ways to do even more for the community. Council Member Brandman appreciated the discussion, asking staff if there had been a contractor operating the tennis center before Mr. Nelson. Mr. Lowe responded there had been a contractor since the 70's and the facility had been designed to be a privately run site and was never operated by the City. Council Member Brandman now understood this facility had been designed to be run by a contractor since the beginning, and he believed it was the will of this body to keep it operating in the same way, with Mike Nelson as the operator. Council Member Vanderbilt disclosed he had also visited the site last week and appreciated the pickle ball program for seniors and that team sports as well as individual sports were promoted and supported at the center. MOTION: Council Member Brandman moved to give new direction to staff regarding the Anaheim Tennis Center, and direct staff to meet current contractual obligations of the contract and return to council with additional details as the renovations moved forward, seconded by Mayor Pro Tem Kring. Responding to the motion, City Manager Paul Emery clarified a fundamental issue was related to the historic standards of the Wagner house, and if Council was in full agreement that the intention was not to restore the home to National Registry specifications and to renovate the structure as it was currently being used today, with restroom, showers, and the like, and to meet the contractual obligations of the lease, staff would also make clear if there were any additions above and beyond the contract that made sense to do and bring all of this information back to the Council under the design/build proposal for the facility. ROLL CALL VOTE: AYES —5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt). NOES—0. Motion Carried. City Council Minutes of April 26, 2016 Page 21 of 21 23. Discuss the request by the Halloween Parade Committee to locate a storage facility for floats and displays used in the parade and consider providing direction to staff to assist D116 organizers. City Manager Paul Emery remarked it was his understanding that Council Member Vanderbilt requested this be removed from the agenda as staff had worked with a private enterprise to identify a storage location through November 2016 and would continue to work with the festival group to identify a long-term storage solution. Mayor Tait remarked that without objection, no action would be taken on this item. REPORT FROM CLOSED SESSION: City Attorney, Michael Houston, reported Council authorized initiation of litigation regarding Item No. 3, stating that upon inquiry, particulars would be disclosed once the complaint was filed and served on a 4:1 vote, with Council Member Vanderbilt voting no. Mayor Tait remarked this was the last meeting for City Attorney Michael Houston, thanking him for his service to the city of Anaheim. COUNCIL COMMUNICATIONS: Council Member Murray thanked the public who spoke in support of her resolution, remarking she had hoped the amended resolution that accommodated requests made by speakers would have passed. She appealed directly to Mr. Trump and all presidential candidates to stop hateful rhetoric and encouraged a more human approach to campaigns. Council Member Vanderbilt withdrew his earlier request regarding expediting the STRs beyond what had been reported by the City Manager. He requested the meeting adjourn in honor of Opal Kissinger and Andrew Deneau. Council Member Kring encouraged everyone to attend and support the first west Anaheim farmer's market. As the Vector Control representative, she reported the board did not want to conduct aerial spray throughout the city and encouraged everyone to dump standing water to avoid mosquito breeding. Mayor Tait spoke of the Placentia embezzlement and requested the City Manager conduct a forensic audit of the city's processes and procedures to ensure safeguards were in place and report back, as needed. ADJOURNMENT: At 11:17 P.M., Mayor Tait, without objection, adjourned in memory of Opal Kissinger and Andrew Deneau. - • ctfully submitted, 4411110 I r /41111) Linda N. Andal, CMC City Clerk