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11/03/2015 ANAHEIM CITY COUNCIL REGULAR MEETING OF NOVEMBER 3, 2015 AND REGULAR AJOURNED MEETING OF NOVEMBER 3, 2015 The regular meeting of November 3, 2015 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 November 3, 2015 was called to order at 4:30 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 October 30, 2015. PRESENT: Mayor Pro Tern Kring and Council Members: Jordan Brandman, Kris Murray and James Vanderbilt. ABSENT: Mayor Tom Tait (excused) STAFF: 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 4:31 P.M., City Council adjourned to closed session for the following item: CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Michael C. DiMario v. City of Anaheim, et al., OCSC Case No. 30-2014 00753614-CU-PO-CJC At 5:02 P.M., City Council the meeting was reconvened. INVOCATION: Pastor Gene Appel, Eastside Christian Church FLAG SALUTE: Council Member Kris Murray PRESENTATIONS: Recognizing Peggy Kruse, Police Chief's Neighborhood Advisory Committee Member Police Chief Raul Quezada stated the members of his Neighborhood Advisory Committee came from 22 neighborhoods across the city, meeting with command staff to talk about issues in their neighborhoods with an emphasis on strengthening the relationship between the Police Department and the community. He explained Peggy Kruse took relationship building to another level when after a gang-related homicide occurred in the Ariel/Olinda neighborhood and witnesses were reluctant to step forward, she organized a community meeting attended by 75 residents and Anaheim police officers, and encouraged the community to take back their neighborhood. She further invited the Police Department to participate in a monthly community supper, an event that attracted a significant number of residents in attendance and through the success of that event, she now served to coordinate police community dialogue projects with the Orange County Human Relations Agency. The Chief remarked Peggy Kruse's efforts not City Council Minutes of November 3, 2015 Page 2 of 14 only improved the quality of life in her community, it made a lasting difference and served as an example for all. Ms. Kruse was appreciative of the recognition given by the city and also by Congresswoman Mimi Walters. Recognizing Miss Anaheim Fall Festival 2015-2016 Court Debbie Herman introduced the Fall Festival Court; Julie Johnson, Miss Anaheim Fall Festival and her teen and junior ambassadors. She announced that since the coronation in September, Ms. Fall Festival and her court had already volunteered for 30 hours of community service and would serve the city throughout the year with various volunteer organizations. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming November 2015, as American Indian Heritage Month Proclaiming November 2015, as Orange County Grand Jury Awareness Month Proclaiming November 2015, as Pancreatic Cancer Awareness Month Proclaiming November 2015, as Purple Heart Month Proclaiming November 2015, as American Diabetes Month Proclaiming November 5— 11, 2015, as Veteran Appreciation Week Gary Mason, District 2 VFW Commander, introduced his family and thanked the city for all their efforts for veterans and active military in the city. Proclaiming November 15, 2015, as American Recycles Day Proclaiming November 16, 2015, as International Day of Tolerance Proclaiming November 16—22, 2015, as Global Entrepreneurship Week At 5:17 P.M., Mayor Pro Tern Kring called to order the Anaheim Housing Authority, the Anaheim Housing and Public Improvements Authority and the Anaheim Public Financing Authority (in a joint public comment session with the City Council). ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk, Linda Andal with Mayor Pro Tem Kring encouraging the audience to refrain from applauding after speakers in an effort to move the meeting forward. Carol Latham shared the arts community events scheduled for November: the Art Council's Art in Public Places award presentation on November 5; the Altrusa Club Annual Festival of Trees fundraiser on November 7th at the Anaheim Union Methodist Church, and the various Muzeo activities such as the Rick Martinez Bring Your Own Lunch and Learn program, the open book author series with Michael Oates and the opening of the TUT exhibit. Other events included the progressive Art Walk in Downtown Anaheim on November 14, and the Opal Society event at the Phoenix Club on November 7-8, 2015. City Council Minutes of November 3, 2015 Page 3 of 14 Cecil Jordan Corkern, Outreach Homeless Ministries, offered a religious reading for the benefit of the community. R. Joshua Collins, Homeless Advocates for Christ, discussed a number of concerns; i.e., his recent arrest while he videotaped police activities, encouraging the establishing of tents for the homeless this coming winter similar to the Seattle model which could be reviewed on YouTube, and his opposition to Amanda Edinger for a commission appointment related to her opinion about the homeless. Karen Hayhurst, resident, talked about the homeless impacts on Peter Marshall Park, remarking on the criminal activities she had seen take place and reported, and that neighbors and their children no longer felt safe there. Mayor Pro Tem Kring requested the City Manager look into her concern and Council Member Murray added that the City Council cared about the quality of parks for all the residents and were working within the law to do as much as possible to serve the homeless while making sure parks were available to residents. Nancy Ellen Carlberg, resident, spoke in support of the speed bumps proposed for Beacon Avenue citing the accidents that often occurred on that street. Regarding the homeless issue, she encouraged the city to look at Salt Lake's model. Lou Noble, homeless advocate, reported that Dennis Long, a disabled man who had recently become homeless and who had explained his situation at the previous council meeting, had received no response or assistance from any organizations. Mr. Noble also spoke of the immediate need for safe zones for women and children on the streets as well as for more homeless shelters. Mayor Pro Tem Kring requested the City Manager look into Dennis Long's situation. Paul Emery, City Manager, responded the Police Department and Coast to Coast had met with Mr. Noble and Dennis Long to identify overnight housing locations that did not require vouchers. Connor Traut, Centralia School District Board of Trustees, announced in response to Anaheim's recent action to enhance support of public schools, he had requested district staff work with the city to create joint use agreements with Centralia's Anaheim campuses to open them up for after school community use to help expand available park space in West Anaheim. He also spoke of the current successful youth programs in place at Centralia schools and the Board's proposal to expand services to disadvantaged families in West Anaheim by partnering with AUHSD through the neighborhood resource center at Danbrook Elementary. He requested an opportunity to discuss the implementation of a student-driven "kindness" campaign modeled from the best practices of Anaheim's "Million Acts of Kindness" as a way to create a happier and more compassionate generation of children. Council Member Murray responded that she would appreciate having an agreement brought back to Council to build upon the principles of a "Million Acts of Kindness" campaign to work with Centralia School District and others who might want to participate. Regarding joint use agreements, she asked staff for details on which school districts did not have existing joint use agreements for after school park facilities and to bring back a process for the city to negotiate. Diane Sargent, Beacon Avenue, spoke in support of speed bumps on her street to slow down traffic that was a safety issue for the children in your neighborhood. June Hamze objected to the outcome of the West Anaheim Neighborhood District vote and spoke to Council Member Brandman's influence. She also spoke of the challenges in West City Council Minutes of November 3, 2015 Page 4 of 14 Anaheim, specifically the on-going prostitution occurring on Beach Boulevard, Twila Reid Park, and the homeless impacts to adjacent neighborhoods. Mayor Pro Tern Kring concurred remarking an effort to bring about a comprehensive vision on how to turn Beach Boulevard around was under way. Council Member Brandman, as a point of personal privilege, remarked the Neighborhood Council vote was a reflection of the democratic process and he was hurt by personal remarks in her statements. He believed democracy had been served even though it did not give Ms. Hamze the results she wanted. Annan Aboul-Nasr, Anaheim Poverty Task Force, remarked the homeless were impoverished and needed a place to go for assistance and services. She expressed the task force's concern over Chief Quezada's intention to return to enforcing the banned camping and storage of personal property in public areas. She added the U.S. Department of Justice had recently taken the position that criminalizing homelessness was likely unconstitutional. She further added with a wetter season than normal predicted, enforcement of this ordinance endangered the health and well-being of people who were already at disproportionate risk for health problems. She mentioned wasted public resources, because the Anaheim Police Chief estimated responding to calls for service regarding the homeless occupied the equivalent of seven full-time police officers. Bobby Donnelson, Sherwood Village, stated short term rental problems were not going away and should not be allowed in a neighborhood that was zoned residential. He submitted an advertising letter for the record marketing a condo at 2076 S. West Street earned $5,000 a month as a vacation rental, emphasizing this was why the city needed enforcement measures and a ban on future rentals. Renee, stated there had been no justice for families and no accountability for the officers involved in police related fatalities. She opposed agenda Item No. 25, stating it criminalized the homeless and did not address the underlying issues of mental health, disability, and addiction, and was unconstitutional as well. She urged the establishment of safe zones that would solve the concerns raised by residents. She spoke about the non-filing of criminal charges against Lou Noble and Joshua Collins and expressed her want for officer accountability. Jodie Mosely spoke in support of Item No. 25 as the resolution offered the police another tool to address problems in public parks. She also supported June Hamze's comments on the Neighborhood Council election, stating Council Member Brandman's support was unethical in her opinion. She supported Amanda Edinger, a volunteer who had worked hard to improve west Anaheim. Council Member Brandman, as a point of personal privilege, responded that what took place at that Neighborhood Council was democracy in action in which a number of neighbors came out to express their opinion on where they would like to see their neighborhood go in the future. William Fitzgerald shared personal remarks towards Council Member Brandman, his rationale for opposing Item No. 25 and the consequences should it pass. Mayor Pro Tern Kring responded to Mr. Fitzgerald's comments. Karen O'Hanlon, Chance Theater, explained the Chance Theater had partnered with AARPS Orange County and the Veterans Initiative, a grant awarded by the California Arts Council to City Council Minutes of November 3, 2015 Page 5 of 14 empower veterans by giving them a platform to share their stories and explore their experiences. Their stories would be compiled into a night of theater on Veteran's Day, a free event for the public with an opportunity to Talk Back after the event. She encouraged the community to attend. Steven Kleine, west Anaheim resident, responded to comments made by Jodie Mosely and June Hamze expressing his opinion that west Anaheim meetings had no order and urged Council not to consider Amanda Edinger for the Community Center Authority position. Mark Daniels, west Anaheim resident, recommended the city take over Beach Boulevard and bring the Anaheim section under the city's jurisdiction, similar to what Buena Park had recently done. Regarding the homeless in city parks and the resultant impacts, he supported the establishment of safe zones in vacant lots or possibly the Westmont Center that would offer an easy solution while the shelter was being constructed. Martin Mercado, Ponderosa residential manager, asked the city to consider parking permits and handicapped parking for the Ponderosa community stating those residents had been punished for years, getting tickets because there was no parking on the street, and now with expired license plates unable to be renewed because of excessive amount of parking citations. Mayor Pro Tern Kring responded there was a parking permit process that the Ponderosa community could utilize, and asked that they meet with the Public Works Director Natalie Meeks to explain how that process worked. Carmen Juarez (through a Spanish interpreter), Ponderosa community, explained she had two jobs to support her family and had to park her car two miles away from where she lived at 3:00 A.M. in the morning. She owed $800 in parking tickets and therefore could not renew her registration, adding that she hoped to get parking permits to solve her problem. Iris Chavez (through a Spanish interpreter), addressed the parking problem in the Ponderosa community, stating she worked until 3:00 A.M. and it was dangerous for her to park far away from her apartment. She added some neighbors slept in their cars so they would not get a citation. Bertha Ponce (through a Spanish interpreter), remarked her husband was the one who slept in the car so he would not get any more parking citations, asking for the city's help so residents could park closer to their homes without get ticketed. Rubi Bautista (through a Spanish interpreter), remarked that she had paid half of the $1,000 owed in citations and had to park as far away as Chapman Avenue. She had lived in the Ponderosa area for 30 years and had been paying tickets ever since Ponderosa parking had been taken away. Council Member Murray remarked there appeared to be some confusion about the parking permit program asking if clarification on the process and facilitation and assistance to those residents could be provided. City Manager Paul Emery replied that staff would meet with the community and revisit the limitations or restrictions put in place for that community and look for ways to meet their parking needs. Council Member Vanderbilt recommended staff be directed to get more information and if sufficient, to elevate it to a discussion for a future council meeting. An unidentified speaker stated there were many families affected with similar stories regarding parking impacts and they would continue to return and share their stories if their concerns were City Council Minutes of November 3, 2015 Page 6 of 14 not mitigated. He stated the "no parking" had been in effect for several decades because the Police Department deemed it a high crime area due to prostitution, crime, and people hiding between cars when being chased. He remarked a pilot program used in Ponderosa for one street only in 2011 was successful and that the rest of the community was asking for a similar solution. Mike Robbins, representing Families Against Short Term Rentals, offered advertisements of the STRs in his neighborhood, that emphasized the following: could accommodate a large soccer team of 16 and 17 year old boys, could accommodate a family of 17, was rented for a family reunion of 21, and could accommodate 24 with a three pull-out couches in the garage. He hoped those flyers were more effective than his words adding that the families would continue bringing this issue to the city until the city came up with a ban. Vern Nelson, OrangeJuiceBlog, commented on the arrest of Lou Noble and Joshua Collins remarking cities could not stop people from filming the police and recommending they litigate over the arrest. He commented on the city's actions regarding the homeless and urged that small modular temporary shelters for the homeless were made available during winter nights on the Carl Karcher property the city purchased. Jose Espinoza, resident, stated La Reina Markets and El Nopal restaurant had been crowded with no parking available since they expanded the produce and hot food service, adding that the closing of a street from Sycamore to East Street made the parking problem worse. He brought this to the attention of the City Council, asking for their help. An unidentified speaker stated she attended a South Anaheim Neighborhood Council meeting in which the city advised that all homeowners within a 300 foot radius of one of the registered STRs would receive notifications of meetings. She objected to the 300 foot radius, stating notices should be sent to every resident within a four mile radius of the Disneyland Resort because many of the STRs were not permitted and a 300 foot radius would leave interested residents out of the loop. She added that south district council also approved a resolution supporting the complete ban of short term rentals as it had impacted that area so severely there was no other solution, Pam Donnelson stated short term rentals destroyed her neighborhood. She shared with 57 in her condominium community, there were 71,000 strangers coming and going in one year and urged the city to ban short term rentals completely. Victoria Michaels, resident, following up to a comment she made at the last meeting, remarked that Anaheim residents deserved to hear there was follow-up from the city manager or staff when direction was given by the Mayor or Council Members during a council meeting on issues that arose during the meeting. Cecile Eveland remarked that she appreciated Council Member Murray's request that all Anaheim residents be informed about the status of short term rentals and hoped the city went beyond the four mile radius and would provide notice to all residents. She remarked that many of the provisions in the ordinance were written in such a manner as to be unenforceable, such as off street parking and allowing the STRs to leave trash barrels on the street until 8:00 P.M. on Wednesday, when residents had until midnight on Tuesdays. Council Member Brandman responded that these and other issues would be resolved in the six month moratorium to determine which provision was working and which was unenforceable. City Council Minutes of November 3, 2015 Page 7 of 14 Cynthia Ward stated that at a workshop held this August, staff indicated that renters in multi- family housing could get two permits per unit plus guest permits, however, that information was not being related to apartment renters who indicated they were being denied permits because they were renters, asking that the city look into that. She recognized there was a process in place for parking permits, but felt the Ponderosa community needed immediate help and requested the City Manager discuss the situation on the next agenda and determine whether or not parking permits were available to them. She also requested Item No. 19 be pulled to thank staff for purchasing two-way communications which would be critical during disasters and thanked the Finance Department who saved over $1 million dollars in the financing package. Regarding Item No. 12, she reminded the community that the money being used was bond money and for every dollar that was borrowed, $2 was paid back. Fred Cornejo, resident, thanked Council for extending the moratorium on short term rentals. He urged the city to ban the program and was appreciative of receiving future notification when STRs would be discussed or acted upon. Stephen Faessel spoke of the death of Gordon W. Hoyt, a former Public Utility Director from 1964 to 1989 and highlighted his achievements indicating when Mr. Hoyt retired in 1989, the population of Anaheim had grown 2.6 times and the footprint of the city had more than doubled. Anaheim also had the highest water storage per capita in Orange County. In addition Mr. Hoyt was able to bring a rate case against a large regional utility in 1972 permitting a $49 million refund to Anaheim rate payers and changed the ability for municipal utilities that were landlocked by larger regional utilities to wield energy from other locations inside the city. This ruling allowed Anaheim to provide a varied and diversified portfolio that continued to bring value to the community and savings to the ratepayers. With no other comments offered, Mayor Pro Tem Kring closed public comments. COUNCIL COMMUNICATIONS: None CITY MANAGER'S UPDATE: Paul Emery, City Manager, announced a staff presentation on the Permit Parking Program was scheduled for the December 8th City Council meeting and further advised that staff would coordinate and facilitate discussion with the Ponderosa community as it related to their parking challenges. 2016 MEETING CALENDAR DATES FOR ALL GOVERNING BODIES: MOTION: At 7:00 P.M., Mayor Pro Tem Kring requested that the 2016 meeting calendar applicable to all governing bodies for the City of Anaheim and listed on each separate agenda be amended with the following revisions: change the March 8, 2015 meeting date to March 1, 2015 and change the May 24, 2015 meeting date to May 17, 2015, seconded by Council Member Murray. ROLL CALL VOTE: AYES —4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt). NOES —0. ABSENT-1: Mayor Tait). Motion Carried. This amendment was applicable to Agenda Item Nos. 1, 3, 5 and 23. At 7:04 P.M., the city council agenda was recessed to consider the Anaheim Housing Authority, the Housing and Public Improvement Authority and the Public Financing Authority agendas. The City Council meeting was reconvened at 7:11 P.M. City Council Minutes of November 3, 2015 Page 8 of 14 CONSENT CALENDAR: Council Member Brandman removed Item Nos. 10 and 12 from the consent calendar for further discussion and Council Member Vanderbilt pulled Item Nos. 19 and 25. Council Member Brandman then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as presented with an amendment to the 2016 meeting calendar changing the March 8 meeting date to March 1 and the May 24th meeting date to May 17th (as noted in Agenda Item No. 23), seconded by Council Member Murray. ROLL CALL VOTE: AYES —4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt.) Noes —0. ABSENT— 1: Mayor Tait. Motion Carried B105 7. Receive and file minutes of the Library Board meetings of May 11, 2015 and September 14, 2015. D116 8. Approve recognitions to be presented at a later date recognizing the 2015 LULAC Women of the Year Honorees. D117 9. Approve the Investment Portfolio Report for September 2015. AGR-9430 11. Award the contract to the lowest responsible bidder, Hillcrest Contracting Inc., in the amount of$1,016,724.02, for the Ball Road Sidewalk and Street Improvements Project from Dale Avenue to Magnolia Avenue, authorize and direct the Finance Director to execute the Escrow Agreement pertaining to contract retentions, and determine said project is categorically exempt under the California Environmental Quality Act and categorically excluded under the National Environmental Policy Act. AGR-9432 13. Approve the Acquisition Agreement of Real Property with Robert Edward Barwig and Flora Barwig, Trustees of the Barwig Family Trust, in the acquisition payment amount of $21,000, for the property located at 131 West Ball Road for the Anaheim Boulevard/Ball Road Intersection Improvement Project (R/W ACQ2015-00604). 14. Approve the Temporary Construction Easement Agreement with Andrew J. Evango and AGR-9433 Amanda R. Evango, in the acquisition payment amount of$1,000, for property located at 2180 West Huntington Avenue for the Brookhurst Street Widening Project from the 1-5 to the SR-91 Freeway (R/W ACQ2013-00477). AGR-7288.2 15. Approve and direct the City Manager, or his designee, to execute the Second Amendment to Professional Services Agreement with Comprehensive Housing Services, Inc., increasing the maximum compensation from $250,000 to $500,000 to ensure compliance with State and Federal labor regulations for on-call labor compliance services. AGR-9434 16. Approve, authorize and direct the Executive Director of Convention, Sports and Entertainment Department to execute certain Federal Communications Commission (FCC) forms required to assign and transfer the current FCC radio frequency license currently in use at the Anaheim Convention Center (ACC) from the ACC's food and beverage provider to the City of Anaheim, and authorize the Director to implement and administer the FCC radio frequency license. AGR-9435 17. Waive the sealed bidding requirements of Council Policy 4.0, approve an agreement with ZOLL Data Systems, Inc. and authorize the Purchasing Agent to issue the purchase order, in the amount of$80,686, for a new Fire Records Management System with an City Council Minutes of November 3,2015 Page 9 of 14 annual maintenance contract cost of$40,056, for the initial year and renewal of the maintenance contract annually, as required, in accordance with the approved budget appropriations. AGR-3172J 18. Waive the bidding requirements of Council Policy 4.1, approve an agreement with Anaheim Community Publishing, in an amount not to exceed $45,000, for original graphic design and photographic services for the "Community Services Department Activity Guide," "Your Community/Tu Comunidad" and various other promotional materials. R-100 20. RESOLUTION NO. 2015-274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting temporary closures to Caltrans 1-5 offramps for Avengers Super Heroes Half Marathon (November 15, 2015; southbound 1-5 HOV offramp at Gene Autry Way; northbound 1-5 HOV onramp at Gene Autry Way). P124 21. RESOLUTION NO. 2015-275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11909, 11910, and 11911). D175 22. RESOLUTION NO. 2015-276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating Orange Avenue from Gaymont Street to 2910 W. Orange Avenue, Broder Street from Orange Avenue to Westhaven Court, Rogers Court from Broder Street to east end of Rogers Court, and Westhaven Court from Broder Street to the east end of Westhaven Court as "Permit Parking Only" street within Permit- Eligible Parking District No. 24. D114 23. RESOLUTION NO. 2015-277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the dates and time of regular meetings of the City Council for the 2016 calendar year. MOTION: At 7:00 P.M., Mayor Pro Tern Kring requested the 2016 meeting calendar for all governing bodies be amended with the following revisions: change March 8th to March 1st and May 24th to May 171h, seconded by Council Member Brandman. ROLL CALL VOTE: AYES —4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt). NOES—0. ABSENT— 1: Mayor Tait. Motion Carried. Subsequent Actions on this item: MOTION: At 7:36 P.M., Council Member Brandman requested the city council reconsider previous actions on the 2016 meeting calendar for all governing bodies, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES—4: (Mayor Pro Tern Kring and Council Members Brandman, Murray and Vanderbilt). NOES —0. ABSENT— 1: Mayor Tait. Motion Carried. MOTION: Council Member Brandman then amended the meeting calendar changing the October 11th date to October 18th, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES —4: (Mayor Pro Tern Kring and Council Members Brandman, Murray and Vanderbilt). NOES — 0. ABSENT— 1: Mayor Tait. Motion Carried. City Council Minutes of November 3, 2015 Page 10 of 14 M142 24. ORDINANCE NO. 6346 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 1.05.030 of Chapter 1.05 of Title 1 of the Anaheim Municipal Code (Personnel System-Scope) to designate Executive Managers appointed pursuant to an employment agreement as members of the exempt service (Introduced at Council meeting of October 20, 2016, Item No. 16). END OF CONSENT CALENDAR: D175 10. Approve speed lumps on Beacon Avenue between Falcon Street and Nutwood Street and on Crone Avenue between Falcon Street and Agate Street as a traffic calming measure. Natalie Meeks reported this item was to approve speed lumps on Beacon Avenue between Falcon and Nutwood, a request brought to staff from the community. She explained the city had a process for these types of traffic calming improvements in neighborhoods, had met with the residents a number of times, and requested their support in the form of a vote for the recommended speed bump plan. 84 percent of the residents voted with 73 percent approving the speed bumps. She added that staff had identified the speed bump locations and adjusted them to make sure that none were located in front of the residents who voted against them. Council Member Brandman requested staff explain other traffic calming measures the city was undertaking for its residents. Ms. Meeks responded that in the past, some streets were closed when there was significant cut-through traffic in a neighborhood and the city was able to reroute traffic back onto major streets or to stripe bike lanes to narrow the feel of the street to slow down traffic. She pointed out there were a number of tools the city could use to find the right solution for each community. Council Member Brandman was a supporter of a program whereby staff listened to residents' concerns and together developed a solution. MOTION: Council Member Brandman moved to approve Item No. 10, seconded by Council Member Murray. ROLL CALL VOTE: AYES -4: (Mayor Pro Tem Kring and Council Members Murray, Brandman and Vanderbilt). NOES—0. ABSENCE — 1: Mayor Tait. Motion Carried. AGR-9431 12. Award the construction contract to the lowest responsible bidder, All American Asphalt, in the amount of$3,841,969.48, for the Residential Street Improvement Project (Bond Project—Group 6) and authorize and direct the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Natalie Meeks stated the city was committed to improving the conditions of residential streets and this year with the sale of bonds for capital improvements, additional neighborhoods were able to be included in this fiscal year's local street paving projects. A slide showed the areas to be paid for by gas tax funds, the additional paving Anaheim had completed over the last couple of years as well as those projects planned for FY 2016/17 which showed the amount of paving/improvements going into the city's residential neighborhoods citywide. She underscored that the Department addressed other quality of life issues in those neighborhoods as well, trimming trees, repairing sidewalks and drainage, and generating pride of ownership to those residents. Council Member Brandman remarked the scope of these improvements would not have been possible without the additional funds through the sale of financing bonds. Ms. Meeks replied it City Council Minutes of November 3, 2015 Page 11 of 14 was a significant impact and the scope of tonight's agenda item was to award $3.8 million for five out of seven neighborhoods and since $9 million had been allocated for this program, other neighborhoods would be addressed as well, and these funds allowed the city to accelerate the street rehabilitation program. MOTION: Council Member Brandman moved to approve Agenda Item No. 12, seconded by Mayor Pro Tern Kring. DISCUSSION; Council Member Vanderbilt inquired if any Measure M funds were in line for paving or available for paving projects with Ms. Meeks responding that as a general policy, Measure M Funds was used for arterial paving rehabilitation projects and gas tax funds were made available for local street paving rehabbing and when necessary, the funds were shared. She pointed out there was no restriction and it was just a matter of practice to allow for both arterial and local street funding. Mr. Vanderbilt asked if the department could continue to maintain this separation with Ms. Meeks indicating that both funding resources increased and decreased about the same due to increased costs and other impacts, and in general did not keep pace with the amount of work to do. She added that the turnback money from Measure M that was used for rehabilitation during the first Measure M Program contained maintenance of effort that cities had to spend and those monies had not grown with inflation, however the new Measure M program took care of some of that inflationary adjustment. ROLL CALL VOTE: AYES —4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt.) NOES —0. ABSENCE — 1: Mayor Tait. Motion Carried. AGR-1490.V 19. RESOLUTION NO. 2015-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the execution and delivery of a master equipment lease /purchase agreement with Banc of America Public Capital Corp, as lessor, and separate schedules thereto for the acquisition, purchase, financing and leasing of certain equipment within the terms herein provided; authorizing the execution and delivery of other documents required in connection therewith; and authorizing all other actions necessary to the consummation of the transactions contemplated by this resolution. Paul Emery, City Manager, explained this item would fund a component of the city's 800 MHz radio system, utilized by police departments, fire departments and public works departments. He pointed out the Finance Director, Debbie Moreno, then determined the best way to fund those efforts and in this instance, had identified a creative way of working with Motorola to finance and purchase equipment before the end of the fiscal year for a significant amount of savings by financing through a private entity. He congratulated Ms. Moreno on her efforts and going forward with the backbone of the countywide 800 MHz system upgrade. Council Member Murray highlighted that Anaheim's staff was not just creative in making programs like this successful, but Ms. Moreno's expertise also made it possible to refinance the Convention Center bonds which made the previous paving item possible by securing such low interest rates while keeping bond ratings high. MOTION: Council Member Murray moved to approve RESOLUTION NO. 2015-273, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the execution and delivery of a master equipment lease/purchase agreement with Banc of America Public Capital Corp, as lessor, and separate schedules thereto for the acquisition, purchase, financing City Council Minutes of November 3, 2015 Page 12 of 14 and leasing of certain equipment within the terms herein provided; authorizing the execution and delivery of other documents required in connection therewith; and authorizing all other actions necessary to the consummation of the transactions contemplated by this resolution, seconded by Council Member Brandman. ROLL CALL VOTE: AYES —4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt). NOES—0. ABSENCE — 1: Mayor Tait. Motion Carried. M142 25. ORDINANCE NO. 6348 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending section 13.08.020 of Chapter 13.08 of Title 13 of the Anaheim Municipal Code (Public Parks-Prohibited Conduct Generally) to give the City Attorney discretion to charge certain violations of park rules as misdemeanors or infractions. Council Member Vanderbilt asked staff to address earlier public comments raised. Terry Lowe, Director of Community Services, remarked he believed the speakers officering comments on this ordinance were reacting to the ordinance as a whole and not specifically on the amendments proposed. He added there was also nothing in the ordinance that addressed the feeding of ducks that was mentioned earlier. Council Member Vanderbilt wondered if the use of profanity or indecent language was a constitutional issue. Mr. Houston replied that for the record the Municipal Code section at issue was .140 that was raised by a public commenter and was not one of the provisions staff was treating as an infraction or misdemeanor. To the extent that the rights of first amendment would be considered, he believed the city's law enforcement officers were adequately trained to understand what was permissible conduct or not and public parks were traditionally a public forum with the right of freedom of speech and first amendment expression. Council Member Murray moved to introduce ORDINANCE NO. 6348, AN ORDINANCE OF THE CITY OF ANAHEIM amending section 13.08.020 of Chapter 13.08 of Title 13 of the Anaheim Municipal Code (Public Parks-Prohibited Conduct Generally) to give the City Attorney discretion to charge certain violations of park rules as misdemeanors or infractions, seconded by Council Member Brandman. ROLL CALL VOTE: AYES —4: (Mayor Pro Tem Kring and Council Members: Brandman, Murray and Vanderbilt). NOES—0. ABSENCE — 1: Mayor Tait. Ordinance No. 6348 was introduced. B105 26. Consider appointments to the Community Center Authority to complete an unexpired term through June 30, 2019 and to the Community Services Board to complete an unexpired term through June 30, 2019 (continued from October 20, 2015, Item No. 18). Community Center Authority: Appointment: Amanda Edinger (unscheduled vacancy of Billie Joe Wright) Council Member Kris Murray nominated Amanda Edinger to the Community Center Authority emphasizing Ms. Edinger was a volunteer in the west Anaheim neighborhood involved in various nonprofits and programs and spoke up on issues that affected her community. Council Member Brandman nominated Peter Agarwal who had expressed an interest in an appointment. Straw vote for Amanda Edinger reflected AYES—3: (Mayor Pro Tern Kring and Council Members Murray and Vanderbilt. ABSTENTION — 1: Council Member Brandman. ABSENCE— 1: Mayor Tait. Council Member Brandman withdrew his nomination and Ms. City Council Minutes of November 3, 2015 Page 13 of 14 Edinger was unanimously (4-1) appointed to the Community Center Authority (Absent: Mayor Tait). Community Services Board: Appointment: Laurie Leonard (unscheduled vacancy of Ernesto Medrano) Mayor Pro Tern Kring nominated Laurie Leonard to the Community Services Board. Ms. Leonard was unanimously appointed. SUBSEQUENT ACTIONS RE 2016 CALENDAR MEETING DATES: MOTION: At 7:36 P.M., Council Member Brandman moved reconsideration of the 2016 meeting calendar dates for all four governing bodies, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES —4: (Mayor Pro Tern Kring and Council Members Brandman, Murray and Vanderbilt). NOES —0. ABSENT— 1: Mayor Tait. Motion Carried. MOTION: Council Member Brandman then moved to amend the 2016 meeting calendar dates for all governing bodies to change the October 11th date to October 18th, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES —4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt). NOES —0. ABSENCE — 1: Mayor Tait. This motion was applicable to Item Nos. 1, 3, 5 and 23 and was so identified on those items. REPORT ON CLOSED SESSION ACTION: None COUNCIL COMMUNICATIONS: Council Member Vanderbilt spoke of his attendance at the Grand Opening of the Church of the Southland located near the Honda Center and thanked the West District Neighborhood Council for inviting him to speak on the short term rental issue and viewing some of the issues the neighborhood had been dealing with in that area. Council Member Murray highlighted the Fall Festival success, announced the Muzeo Gala to be held on November 7th in conjunction with the King Tut exhibit and the Veterans' Day Ceremony on November 11th. She further requested staff create multi-media information about El Nino for residents and businesses to include information about supplies and resources, such as the free sandbags the Anaheim Fire Department was offering. Council Member Brandman also announced the King Tut exhibit at the Muzeo and spoke of the Walk to School Day led by Chief Quezada and officers who joined 4,500 children and their parents at all 24 district elementary schools. He also announced the Anaheim Public Utilities Home Cooling Incentives. Mayor Pro Tem Kring requested the former Chair and Co-Chairs of the Neighborhood Council Districts be recognized at the 1st meeting in January for their service to the community. She also requested staff consider penalties for littering, including enforcement as stronger deterrent. _ _ City Council Minutes of November 3, 2015 Page 14 of 14 Regarding Veteran's Day, she stated her goal was to create a book of stories from veterans with all proceeds to be used to shelter homeless vets and their families. She encouraged veterans to submit their stories directly to her office. ADJOURNMENT: With no other business to conduct, Mayor Pro Tern Kring adjourned the November 3, 2015 council meeting at 7:46 P.M. rspqcffully submitted, 71)" Linda N. Andal, CMC City Clerk