04/04/2017ANAHEIM CITY COUNCIL REGULAR AND
REGULAR ADJOURNED MEETING OF APRIL 4, 2017
The regular meeting of April 4, 2017 was called to order at 3:00 P.M. and adjourned to 4:00 P.M.
for lack of a quorum. The regular adjourned meeting of April 4, 2017 was called to order at
4:00 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The
meeting notice, agenda and related materials were duly posted on March 31, 2017.
PRESENT: Mayor Pro Tern Vanderbilt and Council Members: Denise Barnes,
Jose F. Moreno, Lucille Kring, and Stephen Faessel.
ABSENT: Mayor Tait and Council Member Murray
STAFF PRESENT: City Manager Paul Emery, Acting City Attorney Kristin Pelletier, and City
Clerk Linda Andal
ADDITIONS\DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 4:01 P.M., Mayor Pro Tern Vanderbilt recessed to closed session for
consideration of the following items:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Name of Case: Talmadge Price, et al. v. City of Anaheim, et al., Orange County Superior
Court, Civil Complex Center Case No. 30-2016-00869305-CU-WM-CXC
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the California Government Code)
Property: 2000 East Gene Autry Way, Anaheim, CA (Angels Stadium of Anaheim),
associated/adjacent parking lots and other property collectively identified as APNs 232-
011-02, 06, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 47, 48, 50 and portions of Parcels 1 and
2 of Parcel Map No. 2006-262, recorded in the Office of the County Recorder in Book 357,
Pages 25 through 34 of Parcel Maps, Orange County, California (as depicted on diagram
available at the office of the City Clerk)
Real Property Negotiator: Paul Emery, City Manager
Negotiating Parties: Angels Baseball, LP, City of Anaheim
Under Negotiation: Price and Terms of Payment Regarding Lease
At 5:01 P.M., the Anaheim City Council session was reconvened.
INVOCATION: Pastor Mark McGrath, The Rock Community Church
FLAG SALUTE: Mayor Pro Tern James Vanderbilt
PRESENTATIONS: Anaheim Family YMCA presenting the Healthy Cities Award to the City of
Anaheim
John Guastaferro, Anaheim Family YMCA Vice President of Marketing and Development,
commented on the partnership between the City and the Anaheim Family YMCA and presented
an award to the City recognizing Anaheim as a HEAL Active City that promotes the importance
of active and healthy living. He highlighted the City's initiatives and policies that combat the
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Page ZofI2
obesity epidemic, such as the Anaheim Connectivity Plan, Anaheim Community Garden Project,
and vvm|kabi|ityassessments.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming April S.2O17.aSFormer Prisoner ofWar RecognitionDav
Proclaiming April g-Anh/ 15' 2017. as Public Safety Telecom OOuniCators/
Telecommunications Week
Representatives from the Anaheim Police Department and Metro Net Fire thanked the City for
the pnoda[D@bOn proclaiming Aoh| S- 15. 2017. as Public Safety Telecom nnuOiC3tors/
Telecommunications Week.
Proclaiming April 24 - April 30, 2017, as Volunteer Week
Community Services Director Brent Dennis accepted and thanked the City and Council for the
proclamation QDbehalf ofCity volunteers.
Proclaiming April 24.2O17.asHolocaust Remembrance Day
Proclaiming April 28.3O17.msArbor Day
Proclaiming April 11. 2017. as National Library Workers Day
City Librarian Audrey Lujan thanked Council and the City for the proclamation and invited the
City Council to library events in celebration of National Library Week.
At 5:11 P.M., the Anaheim Housing Authority was called to order (in joint session with the
Anaheim City Council).
ADDITIONS/DELETIONS TO THE AGENDAS:
City Clerk Linda Anda| announced staff requested Item No. 13 be continued to April 25. 2017
and Item No. 23 be withdrawn from the agenda.
With no objection from Council, Item No. 13 was continued to April 25. 2017 and Item No. 23
was withdrawn from the agenda.
PUBLIC COMMENTS (ALL AGENDA ITEMS): Prior b)receipt ofpublicco/n/nmnta abrief
decorum statement was provided byCity Clerk Linda ADdaL
Cecil Jordan CDrke[O. Outreach Homeless Ministries, read from the Bible and stated he was
researching and working on reports regarding Disney and offered prayers for the City.
R. Joshua Collins, Homeless Advocates for Christ, read from the Bible and encouraged people
to give their lives to Christ; spoke of Supervisor Shawn Nelson's efforts to authorize
campgrounds for the homeless and addressed Council Member KhOg'e comments regarding the
homeless; and encouraged Council Members to make a difference and not be afraid to do what
is right.
Council Member KhOg clarified that County Supervisor Shawn Nelson was looking at the
County's open spaces for the homeless and further stated the City would not eliminate
anti -comping rules as many residents supported the anti -camping |mvve.
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Page 3oi12
Bill Wyrick spoke about the City's coyote problem, thanked Council Member Moreno for
organizing a meeting to address the issue, and thanked David Belmer in the Planning
Department. He hoped the City could develop a comprehensive coyote management plan as
other cities had done.
Council Member Moreno announced o meeting would be on Tuesday, April 18. 2017. at
6:00 P.M. in the Gordon Hoyt Conference Room and encouraged the public to spread
the vvOnj.
PN8Fk R. Daniels wished Mayor Tait 8 speedy recovery and commented positively regarding
County Supervisor Shawn Nelson's consideration ofopen spaces inthe County, suitable for the
hon0e|8mS. He stressed that the City OlUSt withdraw the anti -camping ordinance, noted Nancy
West has a comprehensive plan, and expressed the need to work together to find aoo|ution.
William Fitzgerald, Home Owners Maintaining Our Environment, offered his comments regarding
the Anaheim Police Department, the anti -camping ordinance, and his perspective on the ethics
of city elected officials.
Bob Donelson thanked Council Members Moreno and Barnes for supporting residents at their
last meeting. Hereferenced Item No. 28onthe agenda, expressed his concerns regarding
short-term rentals (STRs), and shared his experience with the Anaheim Police Department who
inh}[[OSd him he could not file @ complaint against the FeOte[S, but rather against the property
owners.
Mikey Trujillo, DisOey|8OdADlb8sg@dO['Spoke@bout thefDU[AOaheinlEarth-Day-re I8ƒed
initiatives hosted by Disneyland Resort and highlighted Earth Day events during the month Of
April.
Mike Robbins spoke regarding Item NO. 26 and the ordinance allowing for the confiscation of
homeless people's property and urged Council to repeal it.
Jeanine Robbins read excerpts of letter by Cecile Eve|and. who lives next to a STR property
located onWest Ord P|ace, and referenced the Price lawsuit. In the letter, Mm. Eveland stated
she believed CEOAvvee not met, complained the property was over -occupied, and felt the
property rights of hO[OeOvvneFS were being ignored. She claimed the City failed to OObf« property
owners regarding exceptions to zoning |awo, noted effects on pad«iDg, and urged City Council to
stand by the community and not a//ovx more modifications or delays.
Larry Barnes spoke regarding Item No. 28 Urging Council to do the right thing and Vote "Do" On
the matter, citing a recent party with over 200 people, pony rides, and food left out for days with
no clean-up, He urged Council to consider residential areas and use cane when granting
business permits for STRm.
Tracy Bartholomew referenced a homeless encampment along the 91 Freeway between Harbor
Boulevard and Lemon Street and reported effects in her neighborhood from the homeless
including car break-ins, individuals showering in people's y@Fds. Ste8/iOg, harassing, relieving
themselves, and littering. She o1Edad Co|tnyns. CHP, and the Anaheim Police all claim their
hands were tied and urged City Council to do something to protect the rights of Anaheim
citizens, offering her belief that the City was enabling criminal behavior and noted the need to
sand a consistent message that violating the law will not be tolerated.
\Nea Jones addressed the anti -camping ordinance and inequities in terms of enforcement and
asked the Council to consider safe zones and to change policies.
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Neil Kapp distributed written comments and spoke regarding the City's coyote pn]b|enn,
displayed a flashlight used by his wife to scare off coyote that was attacking their dog, and
encouraged Council toread "Chasing Coyotes", by Debra Martin.
Sarah Wallace advocated for 2 So|udDD to get the horne|8SS out of the riverbed by providing an
alternative and suggested the empty Fairview Mental Institute in Costa Mesa as an effective
solution.
Council Member Kring agreed with the suggestion of using the Fairview site and reported
Senator John Moorlach has been working on that property for a long time, but noted
there were restrictions and government red tape toovercome.
Lou Noble read from the Bible, expressed the need tohelp the hungry and homeless, addressed
the lack ofbathrooms and shovvere, and noted not all the homeless are oh/nina|e. He spoke in
opposition to the anti -camping ordinance and commented oOPolice outreach.
Renee B. spoke of the officer -involved incident of Paul Anthony Anderson, reported a jury
awarded $700,000 to the family of Monique Deckard and found the Anaheim Police Department
25%responsible for her death, and requested accountability within the Police Department.
"The Cannenannan" commented on honla|eao people living by the railroad tracks, Council
Member KrinQ'sopposition tosafe zones, and the seizure and pick-up ofproperty. He
requested Council repeal the anti -camping ordinance and open neetnoornofor the homeless to
use.
Steve Ackerman requested Council remove Item No. 26 from the Consent Calendar and vote
no, providing background on8TRaand reporting problems had increased. He further reported
the Planning Department did not consult the STR taohforca, nor were they informed of the
proposed changes.
Genevieve Huizar addressed the lawsuit and appeal regarding her son's death and submitted
copies of a flyer distributed by James Robert Reade, opining it was a hate crime against the
Latino community.
Duane Roberts thanked Mayor Pro Tern Vanderbilt and Council Members Faessel and Moreno
for meeting about the future of the Public Safety Board (PSB);encouraged Council to provide
the PSB with the tools it needed, including subpoena power, to build trust in the department,
deter misconduct, and provide accountability; and shared actions bxthe PSB, Office of
Independent Review, and City Manager Paul Emery regarding the complaint he filed against
[|hief[}Uez@da.
Martin Lopez. regarding Item No. 26. expressed disappointment with Council's actions toward
AirBNB and the Anaheim Rental Alliance rather than the concerns of neighborhoods, believing
visitors should stay in hotels rather than residential neighborhoods.
Pam Donelson shared an experience with a short-term rental resident harassing and threatening
her because she attempted to enforce pool rules, referenced the STR ordinance, noted she was
told she could not make a report against the STR, submitted documents, and asked for
clarification.
Donna Acevedo -Nelson discussed a notice distributed by James Robert Reade, believed it was
ghate crime, and asked Council toinvestigate the matter,
City Council Minutes ofApril 4,28l7
Page 5ofl2
A male speaker addressed officer -involved shootings and stated support for the Public 8ufeh/
Board having subpoena power.
Vern Nelson suggested Council create a task force to address horne|eosneee, spoke in support
of ideas generated by Nancy West, and recommended repealing the anti -camping ordinance,
questioning where the homeless will sleep.
Nancy West addressed homelessness and described her Alfresco Gardens plan.
Selena Correa, Sherwood Village resident, spoke in opposition to Item No. 26, described hotel -
like conditions in her neighborhood because of STRs, and requested Council deny the item.
In response to an inquiry regarding allowing 8member of the public toprovide comments over
the phone, Acting City Attorney Kristin Pelletier referenced the Brown Act and stated members
of the public must be physically present tOprovide comments.
Victoria Miuhaa|s, on behalf ofCynthia \8/and, requested additional scrutiny on agenda items to
iDo|Vda proper due diligence and thanked Council for continuing Item No. 13 asthis would be the
first review ofthe development agreement inmany year. Regarding anagreement pertaining tn
Anaheim Traffic Network (ATN) buses, she noted two routes were already operating but not
reflected in the staff report and questioned the source of information, particularly in regards to
ART|C.
Greg Diamond, regarding Council's previous approval of an item regarding busses, stated the
staff report did not include complete information about routes through ART|C and suggested
Council re -consider that item due tOpublic's acquisition ofpreviously-private obligations. He
also referenced charitable acts byDisney aoconsiderations within the 1996agreement and
recommended that be reviewed in detail during the upcoming workshop.
COUNCIL COMM UNICATIONS/AGENDA REQUESTS:
Council Member Faessel shared a video of an Anaheim Police Officer walking an elderly woman
across obusy street that was highlighted during aKCAL Snews report.
Council Member Moreno responded to a flyer distributed tOCouncil during public comments and
requested staff consider the resident's concerns. He also requested an agenda item creating an
Ad -Hoc Homeless CDrnrn/osimn.
Council Member P{hngrequested the following agenda items: areport requiring avote ofCouncil
either supporting oropposing sanctuary cities for April 25 and areport every -other meeting,
opposite the homeless reoccurring item, relating tVthe benefits the Resort area has onAnaheim
neighborhoods.
CITY MANAGER'S UPDATE:
Paul Emery, City Manager, reported oworkshop will bapresented adthe April 25thmeeting
regarding the Disneyland Development Agreement and a community meeting is scheduled for
April 18th at Anaheim West Tower regarding the coyote issues.
At 8:51 P.M, Mayor Pro Tern Vanderbilt recessed the City C0Und| to consider the Anaheim
City Council Minutes nfApril 4,2O17
Page 6 of 12
CONSENT CALENDAR: /&O:54P.M..the consent calendar was considered with Council
Member Kring pulling Item No. 26 and Council Member Faessel pulling Item No. 28 for further
discussion.
MOTION: Council Member Krngmoved b]waive reading \Ofull of all ordinances and resolutions
and toadopt the balance 0fthe consent calendar aSpresented, iOaccordance with reports,
certifications and recommendations furnished each city council member and as listed on the
consent calendar, seconded byCouncil Member Faeose|. ROLL CALL VOTE: AYES -5:
(Mayor Pro Tern Vanderbilt and Council Members Barnes, Moreno, P(hng, and Faagse|l;
ABSENT -2- (Mayor Tait and COVOCi/ Member Murray). Motion Carried.
4 Receive of 23 2017 and
B1O5 � �� ~~--�~ ~~'—~'' `
February 27.2017.Library Board meeting of February 13.2017.and Public Utilities Board
meeting of February 22, 2017.
5. recognitions ofHo�ChUdJeaua.
D110 '' � ' ^
for her service as head of Cornelia Connelly School for over 22 years; Earth [)ay on Aoh|
22'2017which demonstrates support for environmental protectionaround the world;
A|truaaInternational's Centennial onApril 11.2O17for 1OOyears ofvolunteer community
service in the City; and city employees who are recipients of the Human Resources
Department Above and Beyond program for their efforts toserve Anaheim residents.
D180 O. Accept the bid from Continental Flooring, Inc., in an amount not to exceed $185.043 plus
a 10% contingency, for the furnishing and installation of new tile carpeting in the lobby and
concourse areas ofthe Anaheim Convention Center Arena and authorize the Purchasing
Agent to issue a Purchase Order, in accordance with Bid #8898.
D180 7. Accept the bid from Eurofina Eaton Analytical, Inc., in an amount not to exceed G40.485
plus a 20% contingency, to provide as -needed water quality testing, analyzing, and
reporting services for the Public Utilities Department for a one-year period with up to four
one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal
options, inaccordance with RFB#8882.
D180 O. Accept the bid from Interior Office Solutions, |Oo,inthe amount Of$752.000plus
applicable tax, for the purchase of18,OOOchairs for use inthe meeting and banquet
rooms of the expanded Anaheim Convention Center with the option to purchase up to an
additional 8OOchairs, inanamount not toexceed $4O.514.and authorize the Purchasing
Agent to issue aPurchase Order, inaccordance with Bid #8878.
D18O
S. AcceptUle|m*bifrom American Support, ���
�iD���Ouof��15.9.2O.fOrB
7,200 -hour helicopter engine overhaul and engine repair services for the Police Air
Support Division, authorize the Purchasing Agent to issue a Purchase Order in
accordance with Bid #8847.and increase the Police Department's FY2O18V17
expenditure budget bythe authorized purchase order amount.
City Council Minutes of April 4, 2017
Page 7 of 12
D180 10. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue a master agreement to Simplex Grinnell LP, in an amount not to exceed
$297,000, for testing, inspection, monitoring and maintenance of fire sprinkler systems at
the Anaheim Convention Center for a one-year period with option to renew for up to four
additional years, in accordance with NJPA Contract #031913 -SGL.
D180 11. Waive the sealed bid requirement of Council Policy 4.0 and ratify an emergency purchase
order issued to Acco Engineered Systems, Inc., in the amount of $46,894, for providing
repairs of a chiller at City Hall.
D180 12. Waive the sealed bid requirement of Council Policy 4.0 and approve a Purchase
Agreement with Airbus Helicopters, Inc., in the amount of $538,750 inclusive of all
applicable taxes, for the purchase of a 2006 Airbus AS350B2 helicopter for the purpose of
providing air support in the Department's mission to deliver public safety and police
services, increase the Police Department's Fiscal Year 2016/17 Platinum Triangle Area
Fees restricted expenditure budget by $800,000 to cover the cost of the helicopter and the
necessary avionics and mission equipment including radios, monitors, public address
system, video downlink and miscellaneous cabling and hardware; and authorize the
Purchasing Agent to execute the agreement and/or Purchase Order as required or
necessary.
13. Staff requests continuance to April 25, 2017.
AGR -
1516 Determine, on the basis of the evidence submitted by Walt Disney Parks and Resorts
U.S., Inc., that the property owner has complied in good faith with the terms and
conditions of Development Agreement No. 96-01 for the 2016 review period for the
Disneyland Resort project (continued from March 27, 2017, Item No. 03).
With no objection by Council, Item No. 13 was continued to April 25, 2017.
AGR- 14. Approve an agreement with GHD Inc., in the amount of $943,188 with a 15% contingency,
10495 to provide design engineering services for the Lenain Water Treatment Plant
Rehabilitation and Expansion Project and authorize the Public Utilities General Manager
to execute the agreement and any other related documents, and take the necessary
actions to implement and administer the agreement.
AGR
7689.A 15. Approve agreements with Eric W. Gruver, Ph.D., Shaffer Psychological Institute, and
AGR- Susan Saxe -Clifford, Ph.D., in an amount not to exceed $75,000 per fiscal year and per
10496 vendor, forpre-employment and otherpsychological services for the Anaheim Police and
AGR-
10497 Fire & Rescue Departments for a three-year period with an option to renew for one
additional year (total $225,000 per fiscal year).
AGR- 16. Approve the Agreement for Acquisition of Real Property with Toan Khanh Nguyen,
10498 Trustee and Tracy Nguyen, Trustee, in the acquisition payment amount of $73,000, for a
portion of right-of-way at 1679 West Cerritos Avenue for a road and utility easement and
temporary construction easement deed for the Cerritos Avenue Sidewalk Gap Closure
Improvement Project (R/W ACQ2016-00750).
City Council Minutes of April 4, 2017
Page 8 of 12
Pilo 17. RESOLUTION NO. 2017-054 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM vacating portions of an easement for service road, public
utility, and drainage purposes, generally located at 415 South Anaheim Hills Road
pursuant to California Streets and Highway Code Section 8330, et seq. - Summary
Vacation (ABA2016-00351).
18. RESOLUTION NO. 2017-055 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties or interests therein (City Deed Nos. 12082 and 12083; Cerritos
Avenue Sidewalk Gap Closure Project).
P124 19. RESOLUTION NO. 2017-056 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM dedicating certain city -owned property in the City of Anaheim
for public purposes (City Deed No. 12093; South Street Sidewalk Gap Closure
Improvement Project).
20. RESOLUTION NO. 2017-057 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM reauthorizing the Director of Public Works to execute all
master agreements, program supplemental agreements, fund exchange agreements
and fund transfer agreements and/or amendments thereto with the California
Department of Transportation as necessary for Anaheim to receive federal and/or state
funding for certain transportation projects and rescinding Resolution No. 2007-055.
C330 21. RESOLUTION NO. 2017-058 A RESOLUTION OF THE CITY COUNCIL OF
C340 THE CITY OF ANAHEIM approving Addendum No. 7 to the Revised Platinum Triangle
Expansion Project Final Subsequent Environmental Impact Report No. 339 and
modification of the Mitigation Monitoring Plan 106C for the Gene Autry Way and State
College Boulevard Improvements Project and determining its adequacy to serve as the
required environmental documentation for the proposed project.
8100 22. RESOLUTION NO. 2017-059 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM requesting temporary detour to Caltrans 1-5 offramps for
Angels Foundation 5K (April 22, 2017, Gam - 10am; Northbound and Southbound 1-5 at
Gene Autry Way).
23, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM requesting temporary closures to Caltrans 1-5 off -ramps for the
Tinkerbell Half Marathon (May 13, 2017, Gam - 10am; Southbound 1-5 at Harbor
Boulevard) (May 14, 2017, Gam - 10am; Southbound 1-5 at Harbor Boulevard and
Southbound 1-5 at Disney Way).
With no objection by Council, Item No. 23 was withdrawn. No further action taken.
City Council Minutes of April 4, 2017
Page 9 of 12
AGR_ 24. RESOLUTION NO. 2017-060 A RESOLUTION OF THE CITY COUNCIL OF THE
2422 CITY OF ANAHEIM terminating the Community Center Authority Agreement and
AGR- rescinding Resolution 65-199.
2422.0.1
AGR -
10499
Approve an agreement with Anaheim Union High School District (AHUSD) terminating the
Community Center Authority Joint Powers Agreement and approve a Memorandum of
Understanding with AUHSD that would provide the AUHSD use opportunities at Anaheim
Convention Center, on a complimentary basis, with only being required to pay for
Anaheim Convention Center out of pocket costs for a period of five years, with two five-
year renewals.
M142 25. ORDINANCE NO. 6403 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Chapter 15.70 of Title 15 of the Anaheim Municipal Code relating to
the preservation of rental housing and motel properties in the City of Anaheim to include a
citywide, Quality Motel Inspection Program (Introduced at March 21, 2017 meeting, Item
No. 25).
27. ORDINANCE NO. 6406 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
c2so ANAHEIM amending Section 18.38.025 to Chapter 18.38 of Title 18 of the Anaheim
Municipal Code relating to alcoholic beverage manufacturing in the City of Anaheim
(Zoning Code Amendment No. 2017-00138; to allow food preparation and sales,
provisions for retail sales of brewing equipment, and to amend operational standards
relating to permitted hours of operation for Alcoholic Beverage Manufacturers proposed
within 150 feet of a residential use).
END OF CONSENT CALENDAR
26. ORDINANCE NO. 6404 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Chapter 4.05 (Short -Term Rentals) of Title 4 (Business Regulation)
of the Anaheim Municipal Code relating to short-term rentals, and finding and determining
that this ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2),15060(c)(3), and 15061(b)(3) of the State CEQA
Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment, because there is no possibility that it may have a significant
effect on the environment and because it is not a project, as defined in Section 15378 of
the CEQA Guidelines (amending Sections 4.05.010 through 4.05.170 of Chapter 4.05
relating to the regulation and enforcement of short term rental uses) (Introduced at March
21, 2017 meeting, Item No. 26).
ORDINANCE NO. 6405 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Chapter 4.05 (Short -Term Rentals) of Title 4 (Business Regulation)
of the Anaheim Municipal Code relating to short-term rentals amending Section 4.05.180
relating to the termination and amortization of certain short term rental and finding and
determining that this ordinance is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2),15060(c)(3), and 15061(b)(3) of the State
CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect
physical change in the environment, because there is no possibility that it may have a
significant effect on the environment and because it is not a project, as defined in Section
City Council Minutes ufApril 4,2Dl7
Page 10of12
15378 of the CEQA Guidelines (establishing an additional 18 -month amortization
extension provision, subject bzanaffidavit filing process, extending the amortization
period to August 11, 2019 and establishing an additional capped amortization extension
provision, potentially extending the amortization period to August 11, 2021) (introduced at
March 21, 2017 meeting, Item NO. 20).
MOTION: Council Member Khngmoved <ocontinue Item No. 20tnApril 25.2O17toallow for
the attendance Ofthe full City Council, seconded bvCouncil Member Feeamei ROLL CALL
VOTE: AYES -5: (Mayor Pro Tern Vanderbilt and Council Members Barnes, K4mrano. Nhng.
and F8eSse|); ABSENT — 2: (Mayor Tait and COUDCi| K8ernbGr Murray). Motion carried. Item No.
26was continued tmApril 25.2O17.
28. ANAHEIM amending T0e0(Pu��Haokhamj of�eAn h�mMunk�po|Co�
K8142 � '�
related to the sale and discharge of safe and sane fireworks within certain areas of the city
based upon the finding and determination that (1) the sale of fireworks is categorically
emarnot from the provisions of the California Environmental Quality /\ot /CE[Apursuant
to Section 15304 of the State CEQA Guidelines and (2) the discharge of safe and sane
fireworks is not subject to CEQA pursuant to Sections 15060(c)(2) And 15060(c)(3) of the
State CEQAGuidelines and is not a''p 'ect'.@sdefinedinSection15378ofthaStohe
CE(]AGuide|ineo.
ORDINANCE NO. 6408 UNTR[)DUCT|[}N\/\NORDINANCE C)FTHE CITY []F
ANAHEIM amending Table 8-C (Temporary Uses and Structures: Commercial Zones) Of
Section 1O.08.03O(Uaam)ofChapter 1D.O8(Commercial Zones) ofTitle 10(Zoning Code)
of the Anaheim Municipal Code to permit the sale of fireworks as a temporary use within
the "C -G" General Commercial Zone, the "C -NC" Neighborhood Center Commercial Zone
and the "C-R" Regional Commercial Zone of the city located west of California State
Route (SR) 57 subject to the requirements of Section 6.40.030 (Safe and Sane Fireworks
Prohibited) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the
Anaheim Municipal Code, based upon the finding and determination that the sale of
fireworks as a temporary use is categorically exempt from the provisions of the California
Environmental Quality Act (C}E[)A)pursuant toSection 15O01(b)(3)ofthe State CEQA
RESOLUTION NO. ARESOLUT|ON OFTHE CITY COUNCIL OFTHE
CITY []FANAHEIM adopting rules and regulations for the retail sale, possession, and
discharge of"Safe and Sane" fireworks pursuant toAnaheim Municipal Code Chapter
D|8CU8G|[]N: Council Member Faessel stated his support for various non -profits and believed
the proposed plan would eliminate the opportunityfor many groups to benefit from the fireworks
sales. He reported receiving many amai|ofrom non -profits in opposition to the proposed Change
and noted hewould vote "nO"onthe item.
Council Member KhnQvoiced her opposition and reported Canyon High Sohoo|xvoukdbea|kovveU
to sell fireworks yet were allowed to use them because of fire concerns in the hills.
Acting City Attorney Kristin Pelletier reported pursuant toCharter Section 511.four votes are
required for the enactment ofordinances, resolutions, and for the payment ofmoney. She further
City Council Minutes ofApril 4, 2017
Page 11 of 12
response to Mayor Pro Tern Vanderbilt, Ms. Pelletier clarified that Council Members may make
motions for purposes Vfdiscussion but does not bind Council tOaspecific vote.
In response to Council Member Moreno, K4a. Pelletier explained the differences between
enactment and adoption and confirmed the need for 8 [DiDiDlUrn of four affirmative votes from
Council for the enactment ofresolutions and/or the payment ofmoney. She noted ambiguity in
the Charter and opined if the ordinances were introduced by three votes, the City may be
vulnerable to potential legal challenges and the City must have a first- and second -reading for
ordinances and the second reading cannot occur less than five days after the first reading. She
explained options for Council and time -sensitive issues onthe matter.
In response tOCouncil Member KriOg'Gquestion @stowhether she can change her vote for
adoption Fe|@dVe to the introduction, Ms. Pelletier responded affirmatively. {|oUDci| Member K[iOg
indicated she would support introduction of the ordinance and reiterated her concerns regarding
Canyon High School.
Deputy City Manager Greg Garcia reported Esperanza and Canyon High Schools were included
in the public high schools allowed to sell fireworks although they are not allowed to buy/sell
fireworks in their neighborhoods and are prohibited from using them there; they would still be
provided the opportunity to raise funds in areas of the city where they can be sold.
MOTION: Council Member Faesse|moved tnintroduce the following ordinances, seconded by
Council Member KriDg:
ORDINANCE NO. 6407 (INTRODUCTION) AN {}RCJ(NAyJCE OF THE CITY OF ANAHEIM
amending Title O (Public Health and Safety) of the Anaheim Municipal Code related to the sale
and discharge ofsafe and sane fireworks within certain areas ofthe city based upon the finding
and determination that (1)the sale offireworks iscategorically exempt from the provisions Ofthe
California Environmental Quality Act (CEQA) pursuant to Section 15304 of the State CEQA
Guidelines and (2) the discharge of safe and sane fireworks is not subject to CEQA pursuant to
Sections 15O6O(o)(2)And 15O0O(c)(3)ofthe State CEC)AGuidelines and ionot a"project", as
defined inSection 15378Ofthe State CEQAGuidelines.
ORDINANCE NO.— /NTRODU{T|ON)ANORDINANCE OFTHE CITY OF ANAHEIM
amending Table 8-C (Temporary Uses and Structures: Commercial Zones) of Section 18.08.030
(Ueee)ofChapter 18.O8(Commercial Zones) ofTitle 18(Zoning Code) ofthe Anaheim Municipal
Code to permit the sale of fireworks as a temporary use within the "C -G" General Commercial
Zone, the "C -NC" Neighborhood Center Commercial Zone and the "C-R" Regional Commercial
Zone of the city located west of California State Route (SR) 57 subject to the requirements of
Section 6.40.030 (Safe and Sane Fireworks Prohibited) of Chapter 6.40 (Fireworks) of Title 6
(Public Health and Safety) of the Anaheim Municipal Code, based upon the finding and
determination that the sale offireworks 8a@temporary use iscategorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of
the StgLeCEQA Guidelines.
ROLL CALL VOTE: AYES –4: Pro Tern Vanderbilt and Council Members Barnes,
Moreno, and Krng\;NOES –1:(Council Member FaeGse|);ABSENT –2:(Mayor Tait and
City Council Minutes ofApril 4'ZOI7
Page 12of1Z
MOTION: Council K4GOlber KhOQ moved tOdeny A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting rules and regulations for the retail sale, possession, and
discharge of"Safe and Sane" fireworks pursuant toAnaheim Municipal Code Chapter 6.4O'
seconded by Council K8annberFa8sae|. ROLL CALL VOTE: AYES —2: (Council Members Kring
and Faessel); NOES — 3: (Mayor Pro Tern Vanderbilt and Council Members Barnes and Moreno);
ABSENT —2:(Mayor Tait and Council Member Mu[[8y). Motion failed. The resolution was
continued tOApril 25.2O17.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMM UN[CAT(ONS/AGENDA REQUESTS:
Council Member N[Oghighlighted Disnev'sdoOatiDD0f$75.0DOtD8tOdd8[dEleDleOtarVSchOO|
for instruments and music lessons for their 6th grade students and spoke of the Boys and Girls
Club Teen Center renovations and Major Leagu8BaoebaUdonati0n$50.000toxvondthep 'ect.
She announced the Boys and Girls Club Gala on April 15; Anaheim Gardenwalk grand
celebration and the Anaheim Police Association Guns 'n' Hoses fundraiser to benefit fallen
Whittier Police Officer. She further reported her attendance tothe Orange County Business
Council iOSacramento.
Council Member Moreno thanked the Meyer's Family for the Colony potluck, spoke Ofthe
meetings with parents regarding Power of Attorney letters and thanked the Community Services
Department and Public Utilities Department for their tour and review of city programs. He
congratulated Superintendent Michael Matsuda, Anaheim Union High School District, for
receiving the "Administrator Ofthe Y8a/'aVVand. He spoke ofthe Welcoming Anaheim tgShfo[ce
meeting and highlighted Mann Elementary School's community garden and Betsy Ross
Elementary School's live video chat with astronauts inNASA. Herequested anagenda item
regarding the creation of an Ad-hoc Homeless Commission and for staff to reach out to
Supervisor Shawn Nelson regarding his direction to identify county properties to accommodate
structured encampments toaddress homelessness.
Council Member Barnes requested a review Ofall park conditions in District 1 with afUU cost
analysis, funding opportunities for the needed improvements, and a timeline.
Council Member Faessel highlighted USA Volleyball's donation of $200,000 in sports equipment
to Anaheim High School, announced the Tip a Cop fundraiser to benefit the Cop for Kids
program on April 19 and requested an agenda item to review the noticing standards for various
projects, specifically highlighting matters Dfthe Planning Commission.
Mayor Pro Tern Vanderbilt requested a comprehensive report of all funds and programs
extended to benefit City of Anaheim youth and teens, announced the Anaheim High School
Bike-a-Thon fundraiser on April 8 and thanked Council Member Murray for attending the Canyon
High School Principal for 8Day event onhis behalf.
7:36 P.M.
With DOfurther business before the City Council and without objection, M8VO[ Pro Tern Vanderbilt
adjourned the meeting of April 4, 2017 at 7:36 P.M.