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06/06/2017ANAHEIM CITY COUNCIL REGULAR MEETING OF JUNE 6, 2017 The regular meeting of June 6, 2017 was called to order at 3:09 P.M. in the Council Chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on June 2, 2017. PRESENT: Mayor Tom Tait and Council Members: Kris Murray, Denise Barnes, Jose F. Moreno, Lucille Kring, and Stephen Faessel. ABSENT: Mayor Pro Tem James Vanderbilt STAFF PRESENT: City Manager Paul Emery, Acting City Attorney Kristin Pelletier, and City Clerk Linda Andal WORKSHOP: Fiscal Year 2017/18 Proposed Budget (Community Services, Public Works, and Public Utilities) Community Services Department Community Services Director Brent Dennis presented the Community Services Department core services which ensure the quality of life for Anaheim residents. The Community Services Department provides innovative and creative facilities, programs, and services that have been designed to meet the diverse needs of the constituents it serves throughout the City in a caring, courteous, and timely manner. The Department ensures customer satisfaction by having community facilities and public places that are vibrant, safe, inviting, accessible, and well maintained. The Department has a total budget with all funds of $53.3 million, of this amount $13.7 million will be used to fund capital projects. The Department's General Fund allocation is $31,648,928. The department's operating budget makes up 2% of the total City budget, which is 10% of the City's General Fund budget. The Department is largely supported by General Fund, restricted grants, developer fees, grants, and user fees. The Department's operating budget with all funds is $39.7 million, of which 49.9% is personnel costs, 46.8% is other operating, and 1.8% capital outlay and 1.4% debt service, which does not include the Capital Improvement Budget. The budget is allocated into following divisions/services: Recreation, Human and Neighborhood Services; Library Services; Parks & Capital Improvement; Golf Courses; and Administration. The Department currently has 92 FTE and 172 part-time FTE, which equates to 462 part-time staff, of which 48 are seasonal. In terms of notable changes, the city plans on expanding beautification efforts in city parks and renovate park restrooms; increase support for Fun on Wheels, STARS (Study -time, Arts, Recreation and Sports), and the Anaheim Accessibility Center at Citrus Park; improve water conservation efforts with park irrigation system management; re -design and build a playground through KaBOOM! funding; and increase support for library on-line resources. Opportunities in the coming year include enhancing services with the expansion of Ponderosa Park Family Resource Center and new gymnasium, leveraging resources with the award of five new KaBOOM! playground grants, and federal funding for NEA Big Read: Into the Beautiful North, exploring options to include school districts with Joint Use Agreements, community non- profits and Love Anaheim, aggressively pursuing grant opportunities in park improvements, and prioritizing future improvements through Planning for Parks. Highlights for FY 16/17 include completion of the design for the northern extension of Anaheim Coves, completion of the Little People's Park renovations and new facilities, completion of renovations at Euclid and Sunkist Libraries, introduction of foot golf at Dad Miller Golf Course, conduction of four district neighborhood Council meetings, twelve neighborhood services district City Council Minutes of June 6, 2017 Page 2 of 30 community meetings and coordination of forty-two neighborhood cleanup campaigns, completion of Athletic Field renovations at Peralta, Yorba and Edison Parks, and supporting the community through special events, such as the Arbor Day, Cinco de Mayo, Youth in Government, WAND BBQ, Children's Festival, Pearson Park Amphitheater Concerts, 4th of July, Fall Festival, and Holiday Tree Lighting & Nutcracker. Highlights for FY 17/18 include completion of the Planning for Parks study, completion of re -design of the Central Library outdoor space, continued beautification of parks, enhancement of park security through lighting and landscape improvements, and opening the Ponderosa Park Family Resource Center. Additionally, plans include completing the design of Aloe Green and Aloe Promenade Parks, completion of the playground replacement at Ronald Reagan and Sycamore Parks, completion of restroom renovations at seven parks throughout the City, completion of eight athletic field renovations at five parks and three schools, and KaBOOM! playground replacements at Pearson and Willow Parks. In reply to Council Member Faessel's question regarding maintenance and facilities costs for FY 18/19, Mr. Dennis reported the survey was providing ideas of areas of importance to residents and stated park safety and improved maintenance are high priority as well as the availability of athletic fields. Seniors would like to see more programming and additional facilities, and throughout the city, residents would like increased available of water pads and swimming pools as amenities. The final report will include a nexus study to determine the Department's financial capabilities, the availability of grants for capital funding, and staffing needs. Council Member Moreno noted 10% of the city's General Fund goes towards Community Services. In response to his question about staffing for the Ponderosa Park Family Resource Center, Mr. Dennis reported part-time hours have been allocated and staff will assemble the best staff, relying on part-time coverage, as well as considering management positions. In terms of Ronald Reagan Park, Mr. Dennis reported the item was being considered tonight but the budget allocation considered timing of ordering and installing the new equipment. In reply to Mayor Tait's questions regarding projects for this year, Mr. Dennis reported Ponderosa staffing is the major project to be funded in FY 17/18. Capital projects for next year include restroom renovations, athletic field renovations, and KaBOOM! playgrounds. Brief discussion followed regarding the city-wide budget versus the General Fund budget. It was noted that Other Operating budget includes significant amounts of contractual services. Mayor Tait noted disparities between cities in the 2016 personnel per capita comparison by city. City Manager Paul Emery reported the chart considered things other than money, as different cities have different service -delivery models. In response to Council Member Murray's question as to whether park maintenance contract staff in 2011 were part of Public Works or Community Services, Mr. Emery reported they were part of Community Services. Council Member Murray expressed interest in knowing the new per capita amount if the city were to add positions eliminated in 2011. In terms of opportunities, Council Member Barnes asked regarding establishing Joint Use Agreements with school districts and other non -profits, Mr. Dennis reported the city was trying to improve existing Joint Use Agreements and establish new Joint Use Agreements with other sites and agencies. Non-profit partners would include the Boys and Girls Club, the YMCA, and others providing partnership opportunities. Council Member Barnes noted Love Anaheim would love to help with needed improvements. Mayor Tait commented positively on exploring options to include school districts and non -profits with Joint Use Agreements, noting it is low -hanging fruit in terms of expanding services to the community and spoke regarding benefits of getting volunteers involved in helping. Mr. Dennis City Council Minutes of June 6, 2017 Page 3 of 30 provided examples of recent projects where the help of volunteers has been invaluable and which created a sense of ownership. Mayor Tait encouraged staff to continue harnessing the power of the community. Council Member Moreno suggested presence in the parks should be part of the consideration, in terms of increasing public safety, and creating a greater presence in terms of activities and programs. Council Member Faessel agreed with Council Member Moreno and Barnes in terms of needing more "boots on the ground" to increase security and beautification of city parks. He suggested assigning staff to the different parks and reviewing contracted services. Public Works Department Public Works Director Rudy Emami presented the Public Works Department core services which were dedicated to enhancing the quality of life for Anaheim residents, including master plan and design of streets, traffic signals, storm drains, and sewers; seeking grant opportunities to leverage funding; supporting the orderly development of the city; promoting transit initiatives; ensuring compliance with environmental regulations; surveying for all city capital improvement projects; inspecting public and private improvements in the public rights-of-way; managing and ensuring construction contract compliance; maintaining all street, traffic signals, storm drain, and sewer improvements; caring for public rights-of-way and Anaheim Resort District landscaping; collecting and disposing of solid waste; fleet fire apparatus, police vehicles, utility trucks and equipment; and facilities. The department has a total budget of $223 million, which makes up 13% of the City's total budget. This amount is roughly split in half this year between one-time capital improvement projects and reoccurring operating costs The budget for capital improvements is $103 million and funding come from a combination of grants and restricted funds, and part of the operating budget is funded by the General Fund, including $6.2 million in fee revenue and the rest is drawn from the city's tax base. The department's operating budget is $119 million of which a quarter is for personnel cost and two-thirds is operating cost, such as equipment, materials, and contract services. He stated that 6% is allocated to capital outlay, such as vehicle replacement and technology improvements and 3% is for debt service. Public Works Operations and Fleet and Facility Services make up 90% of the budget, the remaining 10% distributed among engineering services, construction services, and finance/administration. Public Works has 236 full-time employees and the 17.10 full-time equivalency for part-time translates to 46 employees throughout the department. Part-time employees provide support and play a vital role to the department in a variety of ways, such as engineering interns who support capital improvement staff. In addition to City staff, 26 contract workers are utilized to augment personnel resources. For example, the City contracts for a construction engineer to oversee the neighborhood rehabilitation project, a part-time technician for customer service, and plan check consultants to assist with development review. He also presented personnel 2016 per capita comparisons by city. Notable changes include focusing on neighborhood improvements, early community engagement, holistic approach to implementation, which involves coordination with other agencies and departments to minimize duplicate efforts, deployment of new technologies such as the Customer Service Kiosk, and increased transparency, which included modification to the approval of contract change orders establishing a $250,000 limit on Public Works Director authority and requiring City Manager approval for change orders between $250,000 and $400,000 and to report such change orders at the next City Council meeting. Mr. Emami stated that with the infusion of SB -1 transportation funding, the department is working on how to best leverage funding to address infrastructure deficiencies. The new transportation funding will allow the department to compete for new local and state grant funding opportunities requiring local city match. Anaheim projects to receive direct payment of $2.4 million in Fiscal City Council Minutes of June 6, 2017 Page 4 of 30 Year 17-18 and $6.5 million in Fiscal Year 18-19. Mr. Emami spoke of efforts to revitalize the Beach Boulevard corridor and the Imperial Highway relinquishment. The department recognizes the importance of direct community involvement and is committed to promoting kindness by participating in events with residents, such as planting trees on Earth Day and promotion of the neighborhood traffic management. Planned priorities for the upcoming year include neighborhood improvements, facility projects, and Anaheim Resort and Platinum Triangle development. Mr. Emami shared highlights of completed and upcoming projects including park refreshments, pavement rehabilitation, street widening, and Anaheim Convention Center betterment. Highlights of preservation efforts include sidewalk improvements, maintaining facilities and equipment, and trees and right-of-way maintenance. Council Member Kring asked if the city monitors use of bicycle lanes and Mr. Emami reported the Bicycle Master Plan was recently approved and will provide connections to increased destinations. The city receives many requests for increased lanes and connectivity and Mr. Emami reported ridership has increased. He added bicycle lanes have been added on the south end of Brookhurst and will be added on the north segment. Council Member Kring expressed concerns with cutting down lanes to allow for bicycle use when there is no increase in bicycle uses. Mayor Tait understood that there would be no elimination of traffic lanes in the Bicycle Master Plan. Mr. Emami commented on areas that are under-utilized and referenced the city's Master Plan of Arterial Highways, noting there have been no changes to it reducing lanes to add bicycle lanes. Council Member Faessel thanked Mr. Emami for attending district meetings and commented positively on the department's efforts to work closely with the community. Council Member Moreno asked whether the city was in line with other cities, in terms of operating budgets. He stressed that the city's public works and infrastructure was dependent on gas taxes and federal grants and not from the city's General Fund. City Manager Paul Emery reported staff can provide additional information but stated the city was within the norm in terms of the percentage allocation from the General Fund going towards the operating budget. Council Member Moreno referenced staffing and noted the department has the smallest cost to labor ratio. Mr. Emami explained the staffing ratio is lower than other departments (25%) because 90% of staff work in operations and daily maintenance and 10% work on the capital side and can charge their time to specific projects. Mayor Tait mentioned a pedestrian walkway on Santa Ana Canyon Road near Mohler Drive, noting people walk on the street to get to the Festival and asked staff to place plastic bumps to differentiate the sidewalk from the street. He hoped that section of the walkway can be finished under next year's budget. Mr. Emami reported that project is on staffs radar and listed potential sources of funding. Mayor Tait noted staff does a lot with a limited number of people and expressed his appreciation for their work. Public Utilities Department Public Utilities General Manager Dukku Lee presented a report on the FY 17/18 Public Utilities Department proposed budget. Mr. Lee reported the Public Utilities Department is a customer - focused organization that start with high quality utility services at competitive rates. He stated the industry is changing dramatically and there will be more changes in the next ten years compared to the previous one hundred years; technology advancement and a greater emphasis on environmental stewardship are driving modernization and regulatory frameworks. As the city modernizes its grid and offers more choices to customers, staff must work harder to educate City Council Minutes of June 6, 2017 Page 5 of 30 them on how electricity and water in Anaheim are more than commodities but rather complex delivery systems that allow people to go about their daily lives; how Anaheim supports distributive technology, such as solar panels, but the City has a duty to recover costs in a fair and balanced manner consistent with the City Charter; and how the City can be a partner when customers make sustainable decisions from appliance purchase and home improvements, as well as, landscaping choices. He addressed the department's budget of $574 million and reported the utility budget is 9% less than the prior year, which is attributable to lower power supply costs including lower market prices and the divestiture of a coal facility in New Mexico, for which the city recently completed its financing obligations. 90% of the $2.6 million General Fund budget is due to street -light energy costs and staff continues to invest in LED lighting each year, which will help reduce that amount over time. The balance is for the 311 phone service that is supplied to the utility call center. The operating budget is $16 million, or 3.2% lower than prior fiscal year, which is largely attributed to the reduction in power supply related expenses which enable the City to lower retail rates for customers early this year. The breakdown of the operating budget shows the $328 million, 67%, goes towards wholesale power and water supply cost. The City procures these resources based on modeling the projected need of the customers. The balance of the operating budget is how we get those resources delivered to customers' homes and businesses, which include operations, maintenance, outage restoration, customer service, infrastructure design, compliance management, long-term planning, and financial services. Staffing levels will remain flat at 352 full-time employees and 37.5 part time FTEs. Breakdown of staffing include 54% represented by IBEW, 4% by AMEA, and remaining in management and clerical units. Mr. Lee presented a personnel comparison with other municipally -owned utilities, by the number of meters per employee, with the more meters per employee reflecting efficiency from a personnel standpoint. Anaheim compares very favorably against other Southern California municipal utilities that have both electric and water. He spoke of notable changes and spoke of the drivers that shaped the City's strategic planning, for example, the City has come out of a multi-year drought that resulted in state mandates that reduced water use and the City responded remarkably well meeting the 20% conservation mandate with many permanent changes to outdoor landscaping that will continue to save water. He further stated that the City is still feeling the impacts of the drought and water suppliers are investing heavily on infrastructure to prepare for when the next drought occurs. While Anaheim benefits from having a ground water basin to draw from, there are cost pressures the City is trying to manage to keep the rates competitive. On the power supply side, the City has mandates that stipulate that the City must buy a certain amount of renewable energy and, in 2015, the governor signed Senate Bill 350 that raised the bar from 33% to 50%. There is current legislation proposed to take that up to 100%. While the City supports the sustainability goals of the state, staff is cautious about the ramifications that these mandates will have on customer billing. Anaheim is a century old utility and there is infrastructure that requires continued investment, so the City monitors grid conditions, capacity, and outages to drive the capital program. He further stated they are transitioning from the traditional one-way power delivery model to a more dynamic system, where power flows in both directions. Although the future is still taking shape, it is very clear the grid needs to be resilient and reliable in order to support customer choice. Mr. Lee continued that with industry changes comes opportunities and the department is looking at new ways to provide electricity and water; for example, the days of long-term ownership in large-scale centralized power plants are numbered and staff is focused on looking at contracts of varying durations and regional wholesale market to supply customer needs. The City has one more coal plant that the City will divest from in 2027 and continue to transform the resource mix with investment in landfill gas, wind, geothermal, and solar power. The state is looking closely at energy storage technology to help buffer against the ups and downs of solar and wind and the City is evaluating the merits of a demonstration system to test how we can incorporate batteries into the local grid. On the water side, they are looking to expand recycled water which is distributed using purple pipe in order to conserve portable water and to diversify supply. City Council Minutes of June 6, 2017 Page 6 of 30 Fortunately, the City has received two grants from the state totaling about $4 million. The City has a project in the downtown area to extend purple pipes to Pearson Park and another project to extend pipes to the Platinum Triangle and Convention Center, since new developments are required by state law to accommodate recycled water. Mr. Lee highlighted accomplishments for this fiscal year, including refinancing of existing debt, that reduced the term and will be resulting in savings of $41 million over the life of existing electric bonds. On the capital side, the department continues to replace older water pipes to maintain reliable water service and water pressure that is needed to provide sufficient fire suppression. Some of our customers may not realize that the water system is not just for consumption of water but for protection that supports the Anaheim Fire and Rescue, Class 1 Fire Designation. The department has a very aggressive undergrounding program and we recently completed the area around West and Westmont, and Mr. Lee thanked the Public Works Department for their collaboration on street resurfacing following underground conversions. As part of the department's community outreach efforts, customer feedback is taken very seriously and the department tries to implement services to improve their experience. Enhancements this year include a monthly billing option now available to help customers better manage their expenses since many of our customers receive a bill every other month; a virtual hold system that allows customers the option of receiving a call back instead of waiting on hold; a reduction in fees for reconnection services; and the addition of weekend service for new customer connections. Customer service is a continuous process and staff is learning from each experience to make adjustments, recognizing that our customers are our owners. Additionally, we have a number of initiatives that collaborate with schools, which include the mentoring of high school students; hosting symposiums and facility tours; providing a guest speaker; sponsoring science field trips; and providing fundraising opportunities for students to sell efficient lightbulbs. The department continues outreach to customers on various programs, such as drought tolerant landscaping for low income residents, and an array of rebates, free shade trees, and free home surveys to lower utility bills. Mr. Lee reported that next fiscal year they are looking to expand low-income programs, with the weatherization program a good example. Currently, they accommodate about 800 customers per year with weatherizing their home in conjunction with the gas company. Such programs provide services like attic insulation, air -conditioner tune-up, and the replacement of inefficient devices, at no cost to qualified customers. They are looking to expand the program next year to double the customers reached. An important asset is the Lenain Water Treatment Plant, which allows us to buy lower-cost, untreated water from Metropolitan Water District and treat ourselves, saving approximately $5 million per year by doing so. The facility was constructed in the 1960s, there is a need to upgrade older equipment, and staff is looking to also expand the amount of water that can be treated. The department is excited to partner with schools on the solar shade structure program. Previously there was a program that provided a rebate to schools to install solar themselves; however, it was found that over the years the solar system was no longer maintained or even operational. Staff recently developed a program that will allow the utility to install a solar panel system at no cost to the school and the department would provide a license payment for providing us with the space and access. The utility will maintain maintenance responsibilities and the school and students would benefit from having a shade structure and hands-on learning opportunities from the solar data and the energy produced will benefit the nearby community including the parents and students who actually attend a particular school. DISCUSSION: Council Member Kring commented positively on the work staff is conducting in her neighborhood to change the water pipes and reported receiving good comments from community members. Mr. Lee reported staff is doing pipe replacements throughout the city. City Council Minutes of June 6, 2017 Page 7 of 30 Council Member Murray expressed her appreciation to staff, especially in terms of lower-income residents, and staffs flexibility to work on a payment schedule for those having trouble paying their bills. She added the city's utility bills are lower than neighboring cities and thanked staff for their efforts. Mayor Tait commented positively on efforts to provide solar shades for schools, as well as on the mentoring program. Council Member Moreno asked regarding efforts to provide local hiring practices. Mr. Lee reported, from the utility standpoint, staff just put an initiative together with the Harbor Substation, to require the contractor to put goals in place and they will try to hire as many people from Anaheim, first, and Orange County, second. From a Public Works standpoint, Public Works Director Rudy Emami reported as part of early partnering sessions regarding ARTIC and the Convention Center, staff set a goal with contractors to hire locally, from Anaheim first, then from Orange County. Council Member Moreno commented positively on the mentoring program and asked whether there were partnerships with schools in their career technician education programs to create pipelines with the Police and Fire Departments, to connect students with internships. Mr. Lee reported the programs are very purposeful and part of the education process is taking them through different city facilities and they are taught how to prepare resumes and conduct interviews. The programs plant seeds and expand student knowledge to lead them into career paths. The city participates in community career days and has a robust internship program for high school and college interns. In addition, there are apprenticeship programs and the city encourages people to consider available opportunities. Mayor Tait spoke about implementing a pipeline, through the mentoring program, towards specific career paths. City Manager Paul Emery reported a final workshop will be held on June 20, 2017, and a public hearing will be held at that meeting, for budget consideration. PUBLIC COMMENTS ON WORKSHOP: William Fitzgerald, Home Owners Maintaining our Environment, referenced the budget presentation and opined that staff statistics were inaccurate. He referenced comparisons with other cities and stated San Francisco was not only a city, but a county as well. He mentioned decreases in staffing and expressed concerns with privatization of services. He referenced the number of claims within the city for damages related to sewage in the water. Mike Robbins referenced the need for maintenance on Orangewood and mentioned the city is 63rd in the country, in parks, and compared it with other cities; and as it related to marijuana dispensaries where those cities are raising revenue. He suggested Anaheim might do the same and target the revenues specifically for parks and after-school programs. Mark R. Daniels noted the need to focus on the community, including parks and roads, and suggested increased involvement with the community. Paul Hyek, currently residing at the Bridges at Kraemer, reported many homeless people would love to work and show pride in their work and suggested hiring them for city projects. City Council Minutes of June 6, 2017 Page 8 of 30 ADDITIONS\DELETIONS TO CLOSED SESSION: Acting City Attorney Kristin Pelletier announced Closed Session Item No. 1 involved potential litigation involving two management - level employees at the Police Department, as reflected in two letters dated April 20, 2017 and April 28, 2017 received from legal counsel for those employees. PUBLIC COMMENTS ON CLOSED SESSION ITEM: William Fitzgerald, Home Owners Maintaining our Environment, alleged a lack of transparency relative to the Closed Session item, opined the city hires bad cops and firemen„ and suggested considering policies of police officers taking time off without indicating vacation days. CLOSED SESSION: At 4:35 P.M., Mayor Tait recessed to Closed Session for consideration of the following items: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: Two potential cases At 5:25 P.M. the Council session was reconvened. INVOCATION: Reverend Gregory Douglass, Native American United Methodist Church FLAG SALUTE: Council Member Lucille Kring PRESENTATIONS: Recognizing former 65th District Assemblywoman Young Kim for her years of service Mayor Tait recognized former 65th District Assemblywoman Young Kim for her years of service in various capacities and presented her with a commendation in appreciation for her service. Former 65th District Assemblywoman Kim thanked Council for the recognition, stated it has been an honor to represent the city of Anaheim in Sacramento, and commented on her efforts in public safety and education. Recognizing Magnolia School District Project Hero Volunteers Mayor Tait asked Magnolia School District Executive Director Bill Bailey, Superintendent Mike Donovan, Project Hero Coordinator Christina Sanchez, and Community Liaison Orlando Franco to the podium and presented them with a commendation, recognizing Magnolia School District Project Hero Volunteers. He reported there are many homeless students in the school district and stated Project Hero embraces them with kindness and helps them improve their lives. Bill Bailey, Magnolia School District Executive Director, reported Project Hero stands for Homeless Education Renewing Opportunities and works with volunteers and other staff to serve homeless families. He added the district serves 7,000 students and 25% meet the definition of homeless, under the McKinney-Vento Homeless Assistance Act. During the past year, the project has helped more than 51 families find housing and Mr. Bailey listed other accomplishments and services offered by the organization to help students and families. City Council Minutes of June 6, 2017 Page 9 of 30 ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming June 11-17, 2017, as National Flag Week Proclaiming June 12-18, 2017, as National Men's Health Week Proclaiming June 20, 2017, as World Refugee Day Nahla Kayali, President of the Refugee Forum of Orange County and Founder and Executive Director of Access California Services, thanked Council for recognizing June 20, 2017, as World Refugee Day. She reported both organizations work for the empowerment of refugees and expressed her appreciation to Council for making Anaheim a welcoming city. She announced the next World Refugee Day will be celebrated on August 26, 2017, at Pearson Park Amphitheater, and she invited Council's participation. At 5:40 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with the City Council). ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items, except public hearings): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk Linda Andal. Cecil Jordan Corkern, Outreach Homeless Ministries, read a passage from the Bible and commented on the need to clean up Disney's animation. Paul Hyek, currently residing at the Bridges at Kraemer, commented on vans providing transportation but noted the need to hire the right drivers, as there are "C" class drivers driving "B" rigs. He suggested providing bicycle access to the shelter and the need for chemicals for portable restrooms. Jeanine Robbins commented on the city flying the Pride Flag, noting it did so last year and broke its own law by doing so. She felt Council should have voted to change the law and fly the flag and reported it was embarrassing to the city to backtrack on this issue. She hoped Council will vote to fly the flag, adding it is a symbol of diversity and acceptance and it was important to show the city was united and everyone was treated the same. Ms. Robbins opined Council was breaking the law with the ordinances criminalizing homelessness. By not repealing the ordinances, Council was directly contributing to each death occurring on the streets among the homeless population. The homeless epidemic has reached emergency proportions, and, Ms. Robbins stated, since the city will not enforce requirements for affordable housing among developers, there need to be alternatives, such as enclosed tent encampments to protect and service the homeless. She suggested Council consider Al Fresco Gardens or another similar plan and commented on poverty wages paid by Disney while the city gives them thousands of dollars in subsidies. Ms. Robbins referenced a development at Platinum Triangle, noting all units will be sold at market rates. Mike Robbins spoke in support of the city flying the Pride Flag and commented on the number of homeless people who have died and/or had their belongings taken away. He alleged criminalization, confiscation, harassment, and lack of sanitation facilities caused premature death. He reported attending a Board of Supervisors meeting where they allocated $700,000 for services at the riverbed and another $5 million for housing. He urged Council to open restrooms at La Palma Park for the homeless and consider installing portable facilities along the riverbed. He encouraged Council to, step up their efforts to help the homeless. City Council Minutes of June 6, 2017 Page 10 of 30 R. Joshua Collins, Homeless Advocates for Christ, read a passage from the Bible and alleged the city has a homeless and a greed epidemic. He claimed criminalization of the homeless harms entire communities and was expensive to taxpayers. He opined it will lead the city into more lawsuits and urged Council to change its ways. Noe Granados stated the Pride Flag symbolizes strength, unity, sacrifice, and dedication as well as equality, hope, and the pursuit of happiness. He reported he was proud to reside in a city of kindness and friendship and spoke in support of the city flying the Pride Flag. Ahmad Zahra spoke in support of the city flying the Pride Flag, noting no one should live in fear, and, in flying the rainbow flag, the city will demonstrate that it rejects fear and hate and welcomes all people with love. Bill Wyrick thanked Council for approving the Coyote Management Plan and city staff for putting the plan together. He offered his help, as a volunteer, with implementing the plan. Tim Houchen expressed his appreciation to be on the Housing and Community Development Commission, and stated he was ready to meet the challenges of providing affordable housing solutions for low-income earners and persons experiencing homelessness, and to serving the city to the best of his ability. Mark R. Daniels referenced the proclamation for flag week and spoke in support of Council passing an ordinance to recognize the Pride Flag and the flags of other religions and faiths, recognizing we all come together. He referenced the assassinations of Senator Robert F. Kennedy and Dr. Martin Luther King, Jr., and speculated about what they would think if they were alive today. He commented on the divisiveness in the country and expressed his wish for President Trump to resign. He felt that Anaheim must lead the way against hate and violence. Mario Cuevas, Orange County Consul of Mexico, thanked the city for its support and referenced Item No. 21, noting the exhibition of "Wings of the City" will be at the Anaheim Convention Center, from July 11, 2017, to September 30, 2017, at the Convention Center Plaza. It will enhance the presence of Mexican art and will strengthen the cooperation between the city of Anaheim and Mexico. Mayor Tait commented positively on the exhibition and thanked Mr. Cuevas for his help in bringing it to the city of Anaheim. Bill Dalati, Planning Commission Chair and Founder of the EID Festival, thanked Council and the city for supporting the EID Festival and creating a safe space for the group. He reported a group calling themselves, "The Christians", attended, trying to spread hate and divisiveness, and stressed the importance of showing Anaheim is a place where all religions and faiths are welcomed and can live together in love and peace. Mr. Dalati commented on increased homelessness in the city and the need to work closely with the county to develop solutions. Maryam Dalati thanked the city for allowing the EID Festival and referenced protestors at last year's event, adding that it should not limit the actions of the city in terms of the EID Festival. As a city of kindness, the city should not be limited by fear and violence. She spoke in support of acting with love and kindness. Mohammed Dalati thanked Council for making the EID Festival possible, and stated hate and violence should not control or affect it. He added Islam is a religion of peace and love, and even protestors are welcomed; the EID Festival is open to everyone. In terms of the homeless problem in the city, he hoped the city can build a shelter for them and help them find jobs. City Council Minutes of June 6, 2017 Page 11 of 30 In reply to Council Member Moreno's question regarding possible threats to the EID Festival this year, City Manager Paul Emery reported there have been none. Layla Dalati mentioned protestors at a previous festival and noted they have the right to do so, but disagreed with their hateful words and actions. She reported everyone is invited to the EID Festival and thanked Council for allowing it for the last four years. She spoke in support of equality and peace for all. Dr. Linda Wagner, Superintendent, Anaheim Elementary School District, thanked Disney for their support of city schools and students through the "The Happiest Classroom on Earth" program. Since the start of the program, 3,000 have embraced the campaign and dedicated hundreds of hours of service to the community. She listed activities and locations were students cleaned up the city, have helped raise money for charitable organizations, and have helped the community. Alexa Garcia, Disney Ambassador, thanked Dr. Wagner for her acknowledgement and comments about "The Happiest Classroom on Earth" program. She reported receiving positive feedback about the program from teachers, parents, and students. She stated Disney has hosted several complementary movie nights and invited the public to their next movie night, beginning June 23, 2017, where full-length animated features will be shown at each of the city's six districts. Additional information may be obtained at publicaffairs. Disneyland. com. Rachel Rolnicki, representing the Office of Congressman Lou Correa, referenced Item No. 42, and asked that the city display the Pride Flag, on the flagpole in Friendship Plaza in front of City Hall, during LGBTQ Pride month. Budi Tirtorahardjo referenced Item No. 34 and spoke against implementing parking -permit -only in his neighborhood. He questioned the need for residents to vote twice on the matter and urged Council to consider all the issues carefully before making a final decision. Danard Thomas asked Council to agree to display the Pride Flag, in any manner legally possible, so that the world can see that Anaheim, as a city of kindness, supports its LGBTQ citizens. Corina Hill reported she and her daughter have lived in an automobile for the last three years and expressed her appreciation to the city schools who have stepped up to help. She reported her daughter was taken away after an accident, because the authorities found out about their living situation. She reported finding a home in Anaheim and urged Council to do more for the homeless, including homes, services, and bathroom facilities. Lou Noble reported one of the major problems with homelessness was the separation of families. He referenced the Golden Rule and suggested the need for compassion and providing essential services including housing, sanitation, and safety. He urged Council to do what is right and noted differences between the riverbed and Al Fresco Gardens. Emad Dalati shared his story immigrating to the United States from Syria, commented on the EID Festival, and offered thanks to the support of the city, the fifth year of the EID Festival will be celebrated. He stated the EID Festival provides the Muslim community with opportunities to achieve dreams in the United States while not forgetting their religion, culture, and their countries of origin. He thanked the city for its support in helping to make Anaheim a second home for immigrants. Justin Massey, Equality California, thanked Council for its service to the city and spoke in favor of flying the Pride Flag at City Hall. He reported the Pride Flag was flown last year in recognition of the victims of the Orlando, Florida shooting and stated flying the Pride Flag this year was no less important. The treat against the LGBTQ community is just as prevalent, as hate and violence City Council Minutes of June 6, 2017 Page 12 of 30 have increased because of divisive messaging during the 2016 election cycle. Mr. Massey stated flying the Pride Flag would send a message that Anaheim represents a safe, welcoming home for its LGBTQ residents and visitors. Dalai Alia stated she is unafraid because she is home and safe in Anaheim. She thanked Council for the work it does in making Anaheim safe for all people. She stated she loves the melting pot that is the city, expressed her appreciation regarding the EID Festival, and invited the public to participate. Laura Kanter, Director of Policy, Advocacy and Youth Services, LGBTQ Center, Orange County, spoke in support of the city flying the Pride Flag prominently at City Hall, to help everyone come together to heal and work together to make things better for the LGBTQ community. She continued to hide the flag in a building was to sanction the divisiveness of the current administration and to tell the community the city sides with hatred, rather than boldly embracing the most vulnerable. She stated the indirect results of galvanized bigotry were increases in hate crimes, hate incidences, and discrimination. She urged Council to step up and fight back and place the flag where Council said it would, and create policies to create a better community for LGBTQ people. Matthew Buck, Vice President of Public Affairs, California Apartment Association, Orange County Division, referenced Item No. 40, specifically related to costs, and stated there was no guarantee this will work or make anything safer for residents and buildings. Any additional cost will raise the rent and will negatively affect the affordable -housing issue. He offered to work closely with the city to consider other options. He added they would prefer considering options and incentives, rather than mandates. Luis Gomez spoke in support of the city flying the Pride Flag as it did last year, in support of the Orlando, Florida massacre. He stated the victims were no less dead, today, and the community faces no less hostilities this year, as hate crimes were on the rise. He added 40% of homeless youth identify as LGBTQ, expressed appreciation for living in a city of kindness, and stressed a city of kindness should fly the Pride Flag. Karen Stoyanoff, Universalist Unitarian Church of Anaheim, thanked Council for considering the importance of healthy infrastructure and the needs of the community. She spoke in support of displaying the Pride Flag, as the city did last year. She reported the community was disappointed when learning it was against the law to do so and noted the need to change the law. She added something must be done to demonstrate the LGBTQ community is valued and recognized. She asked the city to consider flying the Pride Flag in a more prominent location than it is currently, and look at providing needed services for the LGBTQ community. Jeff Rosenblum urged Council to fly the Pride Flag prominently, adding when young people see the flag, they are given hope and know they are welcomed in the city. Rebecca Whitehead, Director of Public Relations, Orange Coast College Pride Club, opined the message being sent to the LGBTQ community was disrespectful. She stated allies stand in solidarity with the LGBTQ community and stand up for their rights. She urged Council to listen to residents and pass an ordinance allowing the Pride Flag to be flown as Council previously promised. Wes Jones distributed copies of his written comments to Council and stated he understood the city is in possession of three portable toilets purchased with donated funds by Mohamed Ali, for the homeless living on the riverbed. He added Mr. Ali has acquired insurance and maintenance contracts, required by the city, for these units. He urged Council to allow the portable toilets as an interim emergency measure as bathroom facilities would provide a measure of dignity to the City Council Minutes of June 6, 2017 Page 13 of 30 homeless population and commented on the diseases caused by untreated sewage. He noted the diseases threaten the homeless population as well as the county population, at large. The county does not have enough facilities to house the homeless and he reported placing the portable toilets behind the Firefighters' facility would not cost the city anything. He urged Council to do the right thing on this matter and on displaying the Pride Flag, as well as stopping Disney from paying slave wages. Billie Joe Wright commented on his contributions and efforts in the city, including running for Anaheim Elementary School Board. He stated he was rewarded by meeting many residents and listening to their concerns. He shared his challenges running as an out gay candidate and opined Council's decision will empower negativity or the true meaning of acceptance and what it means to be the city of kindness. He accepted his responsibility to advocate for all students, educators, and communities, especially the disenfranchised. He urged Council to support the LGBTQ community through mental health support programs, celebrating pride, fighting to overcome hate, and by flying the Pride Flag prominently, as promised a year ago. Renee B. wondered why Council would fly the Pride Flag and make promises without doing proper research. She noted Council made promises to the LGBTQ community and should follow through on them. She referenced homelessness in the city, adding it is an emergency and felt Council needs to set precedence, as a city of kindness, and eliminate ordinances that criminalize the homeless. She alleged there were repeat offenders and murderers working inside the Anaheim Police Department who were moonlighting for North County S.W.A.T. and were committing crimes, without accountability. William Fitzgerald, Homeowners Maintaining our Environment, reported the organization protects the homeowners of Anaheim and their Board of Directors are military veterans opposing anti- American policies of the Council in degrading the sacred symbol that belongs only to the United States Army 42nd Infantry Division. He claimed that current display of the rainbow flag was fake and misrepresenting the military. He urged Council to not fly the rainbow flag as recommended. And presented a letter from the U.S. National Guard, who has been part of the United States Army 42nd Infantry Division. Mayor Tait reported Mr. Fitzgerald attends every Council meeting and says outrageous things all the time. He added everyone has a right to comment, even when they disagree. Vicky Talley, Director of Legislative Affairs, National Association of Industrial and Office Properties, Southern California Chapter, asked Council to remove Item No. 40 from the Consent Calendar for further discussion. Specifically, she asked that Council remove the recommendation to adopt a Firefighter Air Replenishment System as a requirement for high-rise buildings. She reported submitting written comments outlining reasons for the request. She reported there are only five jurisdictions in California that have adopted the system, and stated it was not a state requirement. She stated the city of Newport Beach had an ordinance which they later repealed and felt staffs recommendations to repeal it was worthy of consideration. They indicated any working high-rise fire will call on the resources of multiple fire agencies throughout Orange County and the system was not proven. Ana Gonzalez, Planned Parenthood, stated an important part of their mission is to protect patients and the community in addition to providing access to safe, comprehensive care. Planned Parenthood supports the LGBTQ community and stands with it. She stressed the need to stand together to create safe spaces, eradicate hate, and welcome all. She urged Council to fly the Pride Flag, as originally intended, to show Anaheim is a city of kindness, as well as a city of unity and love. City Council Minutes of June 6, 2017 Page 14 of 30 "The Cameraman" displayed a picture of a gay soldier and spoke in support of the LBGTQ community and against violence by the Anaheim Police Department. He referenced Ordinance No. 6408 and reported he was not against legal marijuana operations, but the city's attempt to control operations was a failure and a waste of taxpayer money. He shared his experience visiting marijuana operations and opined the ordinance was ineffective. He quoted Acting City Attorney Kristin Pelletier regarding the need to act before the city loses control of operations, and wondered why there were still so many operations in the city. He stated the police were supposed to enforce the law, if the law is being broken. He felt the ordinance needs to be replaced, if not enforced. Janet Saldivar thanked Council Members Murray and Kring for supporting parents of students of Palm Lane Elementary School in their fight for a better education for their children. Sean Rodriguez reported the Southern Law Center released a recent report detailing a rise in hate crimes across the nation and in Orange County. He referenced other organizations issuing similar reports and reported their prime targets are blacks and the LGBTQ community. He added hate groups feel emboldened after the 2016 election and want to reassert themselves. Mr. Rodriguez stressed protecting the community was obvious and transcended political party lines. He urged Council to acknowledge the negative trends impacting the city and stand in solidarity with the LGBTQ community. He added the pride represents a rainbow, but also love, hope, courage, and diversity. He asked Council to display the Pride Flag as it did last year, and remind the people that Anaheim stands on the right side of history and respects everyone in the community. Anita Hynds spoke against the city displaying the Pride Flag and spoke in support of marriage between a man and woman. She shared her beliefs and opposed the city displaying the Pride Flag. Mesbah Islam, Orange County Young Democrats, addressed the importance of the city flying the Pride Flag to make a supportive motion for the LGBTQ community. He expressed disappointment at Council not keeping its promise to display the Pride Flag as it did last year. He urged Council to act to make the necessary changes to transform the Municipal Code and fly the Pride Flag every pride month going forward and put together a comprehensive, forward -thinking action plan to demonstrate the kindness and friendship the city espouses, to uplift and serve LBGTQ residents. Linda Lobatos, President of the Parent Union of Anaheim, explained the organization is a movement of parents who advocate for better education in Anaheim. She reported Palm Lane Elementary School has been underperforming and urged Council Member Moreno to research and study what is happening in Anaheim schools to make informed decisions. Julie Herrick spoke in support of the city flying the Pride Flag. She hoped Council would honor the promise it made last year, and noted visibility can make all the difference in the world, sending a strong message that the city supports its LBGTQ citizens. David Reyes commented on the rising homeless problem in the city, noting the need for homes and having a support system to educate them and help them. As leaders of the community, it was Council's responsibility to come up with a workable solution. He stated the importance of respect and love and urged everyone to help each other, as everyone was battling something, and he urged the public to act with compassion. Rida Hamida congratulated new Council Members and thanked Council Member Faessel for appointing her to the Cultural and Heritage Commission. She spoke in support of the city flying the Pride Flag and reported, as a Muslim, when anyone in her community was injured, the City Council Minutes of June 6, 2017 Page 15 of 30 LGBTQ community was the first to step up. The LGBTQ community has fought for the human rights of all people, and flying the Pride Flag is a sign of respect for all. She commended Council Members who support flying the Pride Flag and stated when the city supports the flag, it supports the pride of all communities. Ibrahem Dalati spoke in support of the EID Festival, addressed protestors who attended the event last year, and noted a difference between free speech and terrorizing people as they try to enjoy their day. He spoke against spreading hate, reported the festival was very important, and invited the public to attend. He urged everyone to love each other. David Bonning referenced Item No. 34 and reminded Council they approved the resolution and expressed his appreciation for Council implementing it. Alicia Ramirez spoke in support of Item No. 32 and hoped Council would approve it. Bryan Kaye reported someone from the Anaheim Police Department (APD), Internal Affairs, called him and interviewed him regarding his concerns and stated the APD was looking towards correction. He thanked Mohamed Dalati for his earlier comments and alleged Council has said terrible things about him. He hoped Council would take a chance and get to know him, and claimed the way his family has been treated was worse than what the LGBTQ community was facing. He supported the city flying the Pride Flag, urged Council not to be fearful, and to meet with him to make changes to the community. D. R. Heywood thanked Council for its recent action regarding Palm Lane Elementary School. He reported he stands in solidarity with brothers and sisters of the Muslim faith and reported he has experienced nothing but love and acceptance from that community. He commented on the obligation that every elected official has in protecting the community's most vulnerable members; especially young people. He commented on hateful rhetoric by past elected officials and reported it is now more subtle and insidious. He urged Council to display the Pride Flag in a more - prominent position, so young people can feel affirmed and supported by their city. He asked Council to fix the ordinance and engage in a dialogue with the community to meet the needs of LGBTQ residents as everyone has a role in making the city better. Jeff LeTourneau thanked Council Members for their support of having the city fly the Pride Flag. He referenced hateful comments made by previous speakers and listed accomplishments of people in history who fought, despite oppression, to make the world a better place. The prosecution continues, and he stressed the flag symbolizes that, in the city of kindness, the city recognizes there are unmet needs the government must address. He urged Council to change the ordinance, fly the Pride Flag, and set up a comprehensive ordinance to address needs that have been unmet for so long. Mr. Blackman distributed a letter to Council from the Unitarian Universalist Clergy, Orange County, South Bay, Los Angeles and Kern Counties, expressing disappointment regarding flying the Pride Flag. The Unitarian Universalist Clergy are called by their covenantal relationship with the local community, to speak out on behalf of the poor, the oppressed, and the marginalized. He noted the need to take special care to ensure the marginalized in the community were honored. He asked Council to present the flag in the spirit that was promised to the LGBTQ community. He urged Council to place the flag in a prominent location and that the ARTIC be lighted as part of staffs recommendation. Additionally, he asked for a longer reconciliation processes with the LGBTQ community to heal the wounds this matter has caused. Mirvette Judeh thanked Council for supporting the EID Festival and invited Council and the public to participate. She spoke about the tragedy last year in Orlando, Florida, and reported participating in a pride parade. She referenced the promise made by Council last year regarding City Council Minutes of June 6, 2017 Page 16 of 30 flying the Pride Flag, and noted the flag represents acceptance, respect, and acknowledgement. She urged Council to fly the Pride Flag in a prominent location so that the community will feel respected and acknowledged. Victor Vidrio Member of the Democratic Party of Orange County, Central Committee, distributed written comments to Council and presented a resolution calling on Anaheim to fly the Pride Flag, prominently, as it did last year and fulfill its promise to fly the flag from Harvey Milk Day through the month of June to honor the LGBTQ community and those who support equality. Vern Michaels spoke in support of the city flying the Pride Flag prominently on the City Hall building until the city has a chance to change the Municipal Code, as Council's promise to the LGBTQ community must be kept. Dr. Patricia Adelekan commented on various groups of people who have been mistreated and paraphrased Dr. Martin Luther King, Jr. who admonished to form a beloved community, to embrace the world, and bring the people forward. She believed Anaheim is a city of kindness, reported there are over 140 cultures living in the city, and encouraged everyone to love one another. Victoria Michaels referenced the previous budget workshop and Item No. 42. In terms of the workshop, she stated Mr. Emami "glossed over" street repairs. She wondered when her neighborhood streets will be paved and questioned how the city can install bicycle lanes without proper and accurate statistics. Regarding Item No. 42, she stated she has no problem with people in the LGBTQ community but stressed there is a city ordinance that does not permit the flying of the Pride Flag. She opined flying the flag will not result in dignity and pride, but rather, dignity and pride come from within. Cynthia Ward agreed with Ms. Michaels' comments regarding the need to repair streets in her neighborhood. She referenced Item No. 42, noting she supported flying the Pride Flag last year, but did not know it was against the law. She expressed disappointment regarding former Council Member Jordan Brandman who left office without resolving what he knew needed to be fixed and expressed frustration with staff, who knew this needed to be fixed, but didn't. Now, Council must pay the price. She spoke in opposition to using the Pride Flag for political purposes, and suggested setting up separate flagpoles for those groups to which Council gives proclamations. Council Member Murray addressed Ms. Ward's comments and supported former Council Member Brandman for relying on staff to complete the needed changes. COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Faessel directed staff to come back with a policy to commit 25% of any surplus at the end of each fiscal year to be put into community policy fund. CITY MANAGER'S UPDATE: None At 8:19 P.M., Mayor Tait recessed the City Council to consider the Anaheim Housing Authority agenda, reconvening at 9:03 P.M. CONSENT CALENDAR: At 9:03 P.M., the Consent Calendar was considered with Mayor Tait pulling Item No. 40 for discussion. MOTION: Council Member Kring moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, in accordance with reports, certifications and recommendations furnished each City Council Member and as listed on the City Council Minutes of June 6, 2017 Page 17 of 30 consent calendar, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. ABSENT — 1: (Mayor Pro Tem Vanderbilt). Motion carried. B105 5. Receive and file minutes of Sister City Commission meetings of March 27, 2017 and April 24, 2017 and Public Utilities Board meeting of April 26, 2017. D116 6. Approve recognitions recognizing Flag Day Essay Contest winners from Anaheim's 22 Annual Flag Day Celebration, Miss Anaheim 2017 titleholders, and the winner of the Public Utilities 2017 Bottled Water Student Art Contest. D150 7. Receive and file Community Services Department update about lighting at Palm Lane Park. D180 8. Accept the bid from Mear Construction, Inc., in the amount of $281,860, to provide painting services throughout the Anaheim Resort Maintenance District for a one-year period with up to four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #8921. D180 9. Accept the bid from Jaynes Brothers Construction, in the amount of $127,368.08, to install new City furnished playground structures at Reagan and Sycamore parks and authorize the Purchasing Agent to issue a purchase order in accordance with Bid #8934. D180 10. Accept the bid from Chapman Coast Roof Co., Inc., in the amount of $1,784,272, to install a new roof system on the large Exhibit Hall D at the Anaheim Convention Center and authorize the Purchasing Agent to issue a purchase order in accordance with Bid #8924. D180 11. Accept the bid from American Heritage Landscape, in the amount of $49,410 plus a 20% contingency, to provide landscape maintenance services for the Stadium Gateway Complex for a one-year period with up to four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #8940. AGR_ 12. Award the contract to the lowest responsible bidder, Shawnan, in the amount of 10574 $2,983,334.60, for the Ball Road and Sunkist Street Intersection Improvements Project and authorize the Finance Director to execute the Escrow Agreement. AGR- 13. Award the contract to the lowest responsible bidder, AMPCO Contracting, Inc., in the 10575 amount of $1,784,865, for the Alley Sanitary Sewer Improvement Project 2017 in the alleys east of Anaheim Boulevard and Claudina Street from North Street to Wilhelmina Street and the alley north of Wilhelmina Street from Anaheim Boulevard to Olive Street, authorize the Finance Director to execute the Escrow Agreement and determine said project is categorically exempt under the California Environmental Quality Act. City Council Minutes of June 6, 2017 Page 18 of 30 AGR- 14. Award the contract to the lowest responsible bidder, PMT General Engineering Services, 10576 Inc., in the amount of $197,079, for the Active Transportation Program - Western Avenue Pedestrian Signal Improvement Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. D180 15. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to G2 Construction Inc., in the amount of $197,950 plus applicable taxes, for performing all the work necessary to fabricate and install trash capture screens in 316 catch basins and approve the necessary amendments to the Seven Year Transportation Capital Improvement Program for fiscal years 2016/17 through 2022/23 to include the Orange County Transportation Authority Renewed Measure M2 allocations for the Storm Drain Full Capture Catch Screen Project. D180 16. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a master agreement to Versaterm, in an amount of $299,214, for software maintenance and support of the Police Department's Versaterm Computer -Aided Dispatch and Records Management System and authorize the Purchasing Agent to renew the agreement annually, in accordance with available budget appropriations for subsequent years. 17. Determine that the Oak/Chestnut, Narda/Susanne, and Forest/Boden Street Lighting AGR- Project is categorically exempt from the California Environmental Quality Act pursuant to 10577 Sections 15302(c), 15303(d) and 15303(e) of Title 14 of the California Code of regulations; award the contract to the lowest responsible bidder, International Line Builders, in the amount of $900,977, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 18. Approve the Agreement for Acquisition of Real Property with Reza Lotfi and Tahereh Lotfi, AGR- Co -Trustees of the R. and T. Lotfi Revocable Trust dated July 29, 1999, in the acquisition 10578 payment amount of $112,500, for a portion of right-of-way for property located at 107 West Ball Road for a permanent roadway easement and temporary construction easement, including compensation for on-site improvements, for the Anaheim Boulevard/ Ball Road Intersection Improvement Project (R/W ACQ2015-00606). 19. Approve the All -Inclusive Agreement for Acquisition with Michael Cordaro, Successor AGR- Trustee, in the total acquisition payment of $85,000, for a portion of right-of-way for 10579 property located at 1656 West Cerritos Avenue for a public road and utility easement and temporary construction easement, including compensation for relocation and storage of a boat, for the Cerritos Avenue Sidewalk Gap Closure Improvement Project (R/W ACQ2016-00748). 20. Approve a Cooperative Agreement with Community SeniorSery to provide funding to the AGR- City, in the approximate annual amount of $32,926 with the City's local match of $8,232, 6838.A to coordinate and implement a Nutrition Transportation Program for seniors from their residence to the nutrition program at Brookhurst Community Center for one year beginning July 1, 2017 with automatic renewing for 12 -month periods until termination by either party. City Council Minutes of June 6, 2017 Page 19 of 30 AGR -10580 21. Approve and authorize the Executive Director of the Convention, Sports & Entertainment Career Development Solutions) (2 WIOA On -Site Job Training Agreements, each in an amount not to exceed $100,000, with Emazing Lights, LLC, Reborn Cabinets, dba Reborn Cabinets/Reborn Bath Solutions) (3 CaIWORKs Occupational Training Agreements, each in an amount not to exceed $100,000, with American Career College, Inc., QPE Technical Institute, IEC US Holdings, Inc., dba Universal Schools and Colleges of Health and Human Services) (2 CalWORKs Occupational Training Agreements, each in an amount not to exceed $150,000, with Dialysis Training Institute, LLC, United Education Institute, dba UEI College) (1 CalWORKs Occupational Training Agreement, in an amount not to exceed $250,000, with E. Cubics, LLC dba QBICS Career College). AGR -6880.2 23. Approve and authorize the City Manager to execute and administer a Second Amendment to the Professional Services Agreement with Pacific Edge Engineering, Inc., extending the contract expiration date from June 30, 2017 to December 31, 2017 for continued environmental assessment services, including Phase I and Phase II assessments, remedial action plans, and site remediation work in connection with City of Anaheim, Anaheim Housing Authority, and Successor Agency projects. AGR -10582 24. Waive the sealed bid requirement of Council Policy 4.0, approve a subscription agreement with West Publishing Corporation dba Serengeti Law, a Thomson Reuters business, in the amount of $32,520, for a legal billing and matter management software solution for a one- year period with the option to renew for four additional years, and authorize the Purchasing Agent to issue the Purchase Order. 25. Approve and authorize the Director of Community and Economic Development, or his AGR- designee, to execute and administer a Cooperation Agreement with the Anaheim Housing 6284.v11 Authority, to transfer HOME funds, in the amount of $750,000, from the City to the Housing Authority for the acquisition of property located at 605 East Avon Place for the Avon/Dakota neighborhood revitalization project (related to Housing Authority Item No. 01). to execute, implement and administer an agreement, and any other related documents, with Jorge Marin Ltd. and the Anaheim/Orange County Visitor & Convention Bureau dba Visit Anaheim to temporarily display, for public exhibition, certain pieces of artwork titled "Wings of the City" at the Anaheim Convention Center. AGR -9221.A 22. Approve and authorize the City Manager to execute twenty-four Workforce Innovation and AGR 9236.A Opportunity Act (WIOA) and CalWORKs Vendor Agreements, in the total not to exceed AGR -9237.A amount of $2,800,000, for the provision of occupational skills and on-site job trainingand p AGR -9222.A AGR -9219.A authorize the Interim Workforce Development Manager to administer the Agreement (15 AGR -9242.A WIOA Occupational Training Agreements, each in an amount not to exceed $100,000, AGR -9220.A with America Trucks DrivingSchool, American Career College, Inc., Brownson Technical g AGR -9420.A AGR -9245.A School, Inc., California Truck Driving Academy, Career Networks Institute, dba CNI AGR -9218.A College, Instrument Personnel, Inc., dba College of Instrument Technology, Dialysis AGR -9886.A TrainingInstitute, LLC, KD Education, LLC, dba Healthstaff Training Institute, InterCoast g AGR -9240.A AGR -10581 International Training, Inc., dba InterCoast Colleges, E. Cubics, LLC, dba QBICS Career AGR -9247.A AGR -9248.A College, QPE Technical Institute, Inc., RWM Fiber Optics, Inc., Southern California AGR -9438.A AGR -9419.A Education Corporation, dba Southern California Institute of Technology, United Education AGR -9058.A Institute, dba UEI College, IEC US Holdings, Inc., dba Universal Schools and Colleges of AGR -7162.0 AGR- g g g Health and Human Services) (1 WIOA Occupational Training Agreement, in an amount AGR 7682.B not to exceed $250,000, with Career Development Solutions, LLC, dba New Horizons Career Development Solutions) (2 WIOA On -Site Job Training Agreements, each in an amount not to exceed $100,000, with Emazing Lights, LLC, Reborn Cabinets, dba Reborn Cabinets/Reborn Bath Solutions) (3 CaIWORKs Occupational Training Agreements, each in an amount not to exceed $100,000, with American Career College, Inc., QPE Technical Institute, IEC US Holdings, Inc., dba Universal Schools and Colleges of Health and Human Services) (2 CalWORKs Occupational Training Agreements, each in an amount not to exceed $150,000, with Dialysis Training Institute, LLC, United Education Institute, dba UEI College) (1 CalWORKs Occupational Training Agreement, in an amount not to exceed $250,000, with E. Cubics, LLC dba QBICS Career College). AGR -6880.2 23. Approve and authorize the City Manager to execute and administer a Second Amendment to the Professional Services Agreement with Pacific Edge Engineering, Inc., extending the contract expiration date from June 30, 2017 to December 31, 2017 for continued environmental assessment services, including Phase I and Phase II assessments, remedial action plans, and site remediation work in connection with City of Anaheim, Anaheim Housing Authority, and Successor Agency projects. AGR -10582 24. Waive the sealed bid requirement of Council Policy 4.0, approve a subscription agreement with West Publishing Corporation dba Serengeti Law, a Thomson Reuters business, in the amount of $32,520, for a legal billing and matter management software solution for a one- year period with the option to renew for four additional years, and authorize the Purchasing Agent to issue the Purchase Order. 25. Approve and authorize the Director of Community and Economic Development, or his AGR- designee, to execute and administer a Cooperation Agreement with the Anaheim Housing 6284.v11 Authority, to transfer HOME funds, in the amount of $750,000, from the City to the Housing Authority for the acquisition of property located at 605 East Avon Place for the Avon/Dakota neighborhood revitalization project (related to Housing Authority Item No. 01). City Council Minutes of June 6, 2017 Page 20 of 30 AGR- 26. Approve and authorize the Director of Community and Economic Development to execute 10222.1 and administer the First Amendment to Community Development Block Grant (CDBG) Subrecipient Agreement, in substantial form, with Habitat for Humanity of Orange County (Habitat) to extend the term of the CDBG Subrecipient Agreement to June 30, 2019 providing Habitat up to $500,000 as the Program Administer for the City's Residential Rehabilitation Program. F130 27• RESOLUTION NO. 2017-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to grant a franchise with Cardinal Pipeline, L.P., for the right to maintain and operate a system of pipelines for oil, gas and other substances in Knott Avenue and establishing a time and date of a public hearing to consider such Franchise Amendment (continued from meeting of May 23, 2017, Item No.33) (Public hearing scheduled for July 25, 2017). P124 28. RESOLUTION NO. 2017-083 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 Deeds Nos. 12104, 12105, 12106, 12107, and 12108; Cerritos Avenue sidewalk gap closure and Anaheim Boulevard/Ball Road intersection improvement projects). P124 29. RESOLUTION NO. 2017-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain interests in real properties (City Deed Nos. 12087, 12088, 12117, 12118, 12119, 12120, 12121, 12122, 12123, 12124, 12125 and 12128, 12129, 12130, 12131, 12132, 12133, 12134, 12135, and 12136; BNSF Railroad grade separation projects occurring at Orangethorpe Avenue and Lakeview Avenue). P124 30. RESOLUTION NO. 2017-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim interests in real property (City Deed Nos. 12110, 12111, 12112, 12113, 12114, 12115, and 12116; current and future placement of water and electrical facilities for the provision of utility services). D175 31. RESOLUTION NO. 2017-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution 2016-238, Nunc Pro Tunc, relating to the expansion of Permit Parking District No. 38 and designation of Florence Avenue from Claudina Street to Philadelphia Street and Narda Street from Claudina Street to Philadelphia Street Permit Parking Only. D175 32. RESOLUTION NO. 2017-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM expanding Permit Parking District No. 38 and designating Claudina Street from Vermont Avenue to Charlotte Avenue "Permit Parking Only" street within Permit Parking District No. 38 and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3). City Council Minutes of June 6, 2017 Page 21 of 30 D175 33. RESOLUTION NO. 2017-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating Malboro Avenue between Bluegrass Street and Lombard Drive as "Permit Parking Only" street within Permit -Eligible Parking District No. 53 ("Lombard Cherry"). D175 34. RESOLUTION NO. 2017-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing Permit Parking District No. 59 ("Dutch") Neighborhood and designating Dutch Avenue between Jeanine Way and Kingsley Street and Barbara Street from Dutch Avenue to the end of the cul-de-sac 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). ACR- 35. RESOLUTION NO. 2017-090 A RESOLUTION OF THE CITY COUNCIL OF THE 103541A CITY OF ANAHEIM approving an Amended and Restated Preliminary Award letter regarding the Sandman Motel Affordable Housing Project between the Anaheim Housing Authority and Innovative Housing Opportunities, Inc. and making certain other findings in connection therewith (related to Housing Authority Public Hearing Item No. 03). _ 36. RESOLUTION NO. 2017-091 A RESOLUTION OF THE CITY COUNCIL OF THE AGR - CITY OF ANAHEIM approving an Affordable Housing Agreement between the Anaheim Housing Authority and Avon Dakota Housing Partners II, L.P. and making certain other findings in connection therewith (related to Housing Authority Public Hearing Item No. 04). M142 37. ORDINANCE NO. 6411 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Section 14.32.162 to Chapter 14.32 of Title 14 of the Anaheim Municipal Code relating to parking on designated streets (to establish "No Parking from 7:00 p.m. to 7:00 a.m." zones on designated streets). C280 38. ORDINANCE NO. 6412 (INTRODUCTION) AN ORDINANCE OF CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2017-00303; DEV2017-00004) (1248 East Lincoln Avenue; rezoning from C -G General Commercial Zone and RM -3 Multiple -Family Residential Zone to RM -4 Multiple -Family Residential Zone). M142 39. ORDINANCE NO. 6413 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Chapter 15.03 and adding new Chapter 15.03 to Title 15 of the Anaheim Municipal Code pertaining to the California Building Standards Codes. Determine that the proposed ordinance constitutes a project falling within the definition of Categorical Exemptions, Section 15061(b)(3), as defined in the State CEQA Guidelines and is, therefore, categorically exempt from environmental review and authorize the City Clerk to schedule a public hearing on said ordinance for July 11, 2017 and to publish notice of said public hearing pursuant to Section 50022.3 of the California Government Code. D114 41. Approve minutes of Council meeting of December 20, 2016. City Council Minutes of June 6, 2017 Page 22 of 30 END OF CONSENT: 9:52 P.M. M142 40. ORDINANCE NO. 6414 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing existing Chapter 16.08 and adding new Chapter 16.08 to Title 16 of the Anaheim Municipal Code pertaining to the California Fire Code. Determine that the proposed ordinance constitutes a project falling within the definition of Categorical Exemptions, Section 15061(b)(3), as defined in the State CEQA Guidelines and is, therefore, categorically exempt from environmental review and authorize the City Clerk to schedule a public hearing on said ordinance for July 11, 2017 and to publish notice of said public hearing pursuant to Section 50022.3 of the California Government Code. Mayor Tait expressed concerns this was beyond state requirements and placed undue burdens on people wanting to remodel their homes or build new residential units. Fire & Rescue Chief Randy Bruegman reported the Fire Code was introduced, adopted, and went into effect January 2017. That is the base code for California and cities can amend it. Chief Bruegman reviewed the code process and addressing the purpose of fire codes and proposed Anaheim local fire amendments. Eighteen previous amendments were removed, and the city is proposing two new amendments including a fire sprinkler amendment, in alignment with other Orange County cities, to provide consistency and a Firefighter Air Replenishment System (FARS) for new high-rise buildings over 75 feet in height. As of January 2011, all new residential buildings in California require fire sprinklers. The proposed Residential Sprinkler Amendment would require existing homes to be sprinklered if an addition increasing the square footage of the home is greater than 1,000 square feet and an addition when the existing building already has fire sprinklers. The proposed Commercial Fire Sprinkler Amendment would require an existing commercial occupancy to add sprinklers if an addition increased the building area to over 5,000 square feet, an additional story is added above the second floor, and any new occupancy in the Very High Fire Hazard Severity Zone. Additionally, in terms of the Firefighter Air Replenishment System (FARS), the amendment requires to install them on new buildings, over 75 feet and on new buildings with two or more floors below grade. The system will allow firefighters to access air, through the stairwells, so they do not have to carry cylinders up, or store cylinders in different locations to easily access air. The system places an air system on every two floors in the stairwell, is specifically built to provide for firefighter safety, requires simple training, and is very transferable. Chief Bruegman addressed the costs of the system, noting it is a cost to the developer. In terms of the implementation process, Chief Bruegman reported the primary goal is to ensure safety of people, property, and firefighting personnel and, where there is room for interpretation, the Department strives to be flexible without compromising safety. He listed the adoption process of introducing the ordinance, bringing the ordinance back with any Council direction for a public hearing and Council vote on July 11, and concluded with staff's recommendations that Council accept the two amendments to the base code. DISCUSSION: Mayor Tait commented on a section of the code referring to swimming pools and felt it was not relevant in this case. It was noted that is the generic language used upon adoption of the building and fire code and considers the conditions encountered in Southern California. Chief Bruegman added that is standard language for the climatic and geologic conditions that must be referenced to adopt the code; the language is not specific to the amendment but is City Council Minutes of June 6, 2017 Page 23 of 30 specific to adoption of the base code. Mayor Tait reiterated his concerns with the strict code and requiring residents to sprinkler their house if they add square footage, by a third. Chief Bruegman reported it is not by a third, but rather the Department considered the threshold as being a major remodel, and the language was changed to a 1,000 -square foot addition before requiring sprinklers. Mayor Tait felt that not many people would attempt to add more than 1,000 square feet to their homes if they had to install sprinklers in the entire house as it would increase costs substantially. He believed this would be unduly burdensome to homeowners. He did not think there was another city in Orange County that would require a FARS and stated he would oppose this item. Council Member Kring stated she would oppose this item as well, due to increased costs and the existing housing crisis; the higher development costs will result in higher rents. She referenced previous public comments and noted various agencies who were willing to work with staff to discuss ways in which everyone can be protected. She noted various firefighting agencies would partner in fighting fires and there needed to be consistency in operations. Council Member Faessel suggesting bifurcating the item for separate action on each component as the FARS recommendation seemed to be the focus of the building industry. In response to Mayor Tait's question regarding the ability to bifurcate the item, Acting City Attorney Kristin Pelletier stated there would have to be clarity in terms of exactly what Council was introducing and the item could return for reconsideration, if amended. Council Member Faessel stated he understands the importance of fire sprinklers and would support that portion of the ordinance and suggested discussing the FARS piece at another opportunity. Ms. Pelletier indicated, provided with clear direction, it would be possible to remove certain sections from the ordinance, separating the sprinkler and FARS issues. Council Member Murray reported the public was recently made aware of this and suggested it would be helpful to hold initial discussions with affected parties and industry officials. She suggested taking more time for those discussions and expressed concerns with cost impacts, before adopting any part of the ordinance. Mayor Tait indicated he would be comfortable voting on this matter now, as the item was noticed, and affected parties have had the opportunity to review it and comment. Council Member Moreno commented on fires in low-income apartment units, where families were put at risk because of unsafe spaces. He expressed concerns about increased development costs shifting to tenants and requested information regarding costs to apartment renters versus single-family residences. Chief Bruegman reported apartment units built since 2011 have all been sprinklered. The FARS would apply to new developments of high-rise apartment structures and costs would be passed on to renters. The code considers both commercial and residential buildings. Council Member Moreno stated he would not be interested in incentivizing businesses to ensure firefighter safety. He stated his support of the items to ensure the safety of firefighters and of people and property. City Council Minutes of June 6, 2017 Page 24 of 30 Mayor Tait expressed concerns regarding the reliability of equipment, expressed support of sprinkler systems in new construction of apartment buildings, but reiterated concerns about adding to remodeling costs. Council Member Moreno stated Mayor Tait's arguments have convinced him not to support sprinklers for residential units, but he will support them for commercial units. He noted this was the first reading and there will be subsequent meetings regarding this. He suggested supporting it now, letting the public provide input, and voting again later. MOTION: Council Member Kring moved to remove subsection .070 on page 6 of the ordinance, regarding Firefighter Air Replenishment Systems, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members Murray, Barnes, Kring, and Faessel). NOES — 1: (Council Member Moreno). ABSENT — 1: (Mayor Pro Tem Vanderbilt). Motion carried. MOTION: Mayor Tait moved to remove subparagraph "a" under subparagraph 2 of subsection .210 on page 12 of the ordinance, regarding automatic sprinkler systems, seconded by Council Member Moreno. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members Murray, Kring, Moreno, and Barnes). NOES — 1: (Council Member Faessel). ABSENT — 1: (Mayor Pro Tem Vanderbilt). Motion carried. MOTION: Mayor Tait moved to introduce the ordinance, as amended, seconded by Council Member Moreno. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Murray, Barnes, Moreno, Kring, and Faessel). ABSENT — 1: (Mayor Pro Tem Vanderbilt). Motion carried. D116 42. Authorize staff to commemorate June as Lesbian, Gay, Bisexual and Transgender Pride Month and approve display of the Pride Flag at City Hall and other activity (continued from May 23, 2017, Item No. 29). DISCUSSION: Mayor Tait reported this item was discussed, at length, during the last City Council meeting. He provided brief background, including last year's decision to fly the Pride Flag, but noted Council was not aware it was against the city's Municipal Code at that time. Council Member Kring reported last year the Pride Flag was flown in memory of the victims of the Orlando, Florida massacre but expressed concerns with fairness, commenting on the possibility of other public interest groups expecting the same treatment. She reported receiving many emails from residents in opposition to flying the Pride Flag and will not support the item. Council Member Moreno reported, last year, the public believed approval of flying the Pride Flag was an historic moment and would continue year-to-year. He commented on the need to honor promises, but also to keep the integrity of the Municipal Code. He thanked the public for their input and suggested accepting staffs recommendations with amendments. Council Member Murray reported a Code Amendment is 100% under the purview of City Council and if one would have been brought forward, in a timely way, this would not have had to return for further action. Council can make changes, going forward, and Council Member Murray expressed support for an amendment to the Code as symbolism has meaning and value, and Council made a commitment. Flying the Pride Flag is a symbolic gesture of love, compassion, faith, unity, and hope in humanity and Council Member Murray hoped Council will move forward with this and do the right thing. Council Member Faessel asked whether Council Member Moreno would accept consideration of an equitable and fair policy in lieu of a Code Amendment. City Council Minutes of June 6, 2017 Page 25 of 30 Council Member Moreno indicated he would rather not do that and explained he would rather hear from the public, moving forward, as to ways in which to honor the spirit of LGBTQ Pride Month. Mayor Tait noted his beliefs in that no one should live in fear, everyone should be treated equally, that the LGBTQ community should be valued, welcomed and cared for; but he also believes in the rule of law. He feared precedence would be set with other groups wanting to fly banners and flags at City Hall. He believed only the United States flag, the California flag, and the City flag should be flown in front of City Hall, and noted the ARTIC will be lit up in pride colors and the flag will be displayed on the building, rather than on the flagpoles in front of City Hall. Council Member Moreno reported his motion does not include flying the Pride Flag on the flagpoles, but, this year, it should be displayed on the building and in the future, the location should be left up to the group in consultation with staff. Council Member Kring reported the Ducks banner was flown on the building, on the seventh floor, and made a disruptive sound when the wind would blow it against the wall. She added that most of the public speakers who commented on this matter were not from Anaheim. Council Member Murray hoped that everyone will be able to respectfully disagree and noted Council agreed to do this annually. Council Member Barnes expressed concern that so many people disagree and noted everyone has their cross to bear. She reported receiving many e-mails on this matter and read one indicating Council was elected to run the city on behalf of every citizen, with wisdom and forward - thinking as to potential consequences for every decision made. She expressed her support for leaving the Municipal Code as it stands, noting it is that way so as not to confuse the position or beliefs of certain groups as the city of Anaheim represents all. She encouraged everyone to practice and comfort each other with kindness. Council Member Moreno acknowledged Council Member Barnes's comments, but stated a symbol allows others to know that they are not alone. He stated 40% of the city's homeless youth are LGBTQ, are surviving because of their dignity and are most -likely to commit suicide, as it is difficult to build themselves up, when there is so much working against them. He asked that Council honor what the people believed to be a promise that was made a year ago, in the spirit of kindness, for this year. Mayor Tait stated the Ducks and Angels banners should not have been flown at City Hall and he would oppose that in the future. He added when he acted on this last year, he did not know there was an ordinance against it. MOTION: Council Member Moreno moved to hang the Pride Flag on the City Hall building, light up ARTIC, implement other activities upon consultation between staff and the community, and direct staff to consult with the community and return in July with an amendment to the Code, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 3: (Council Members Murray, Moreno, and Faessel). NOES — 3: (Mayor Tait and Council Members Barnes and Kring). ABSENT — 1: (Mayor Pro Tem Vanderbilt). Motion failed. Acting City Attorney Kristin Pelletier reported if there was no further action, the item will automatically continue to the next Council meeting having full attendance of the Council. City Council Minutes of June 6, 2017 Page 26 of 30 Council Member Moreno hoped Mayor Tait's motion was to accept staffs recommendation, as written, and asked the City Manager to consult with the group this recommendation seeks to honor to figure out the best way and method to display the Pride Flag. City Manager Paul Emery noted it came down to what the City Manager interpreted the recommendation to be. He verified Mayor Tait's recommendation, stated the flag would be displayed at its current location, in the covered area of the City Hall entrance, and requested confirmation. Council Member Moreno stated a motion was made during Council's last meeting, recommending the flag stay at its current location and it failed by a 3 — 3 vote. The motion to move it elsewhere also failed. Ms. Pelletier believed what was moved in 2016, was to fly it from the flagpole, which was contrary to city ordinance. She felt there was consensus as to maintaining the flag as it was currently being displayed. Council Member Moreno disagreed, noting there was no consensus at this time in terms of displaying the flag. Since it cannot be flown, he asked that Council allow the City Manager to work with the community being honored. Council Member Kring reported if the motion failed tonight, there was a chance to bring the matter back before Council, and noted Council cannot go back to what happened last year, knowing that it was against city ordinance. Mayor Tait reiterated the recommendation was to display the flag at its current location and expressed concerns with setting precedence. Council Member Murray questioned how it was less precedent to mount it on the side of the building than it was from flying it on the top of the building. Mr. Emery reported when the determination was made that the flag could not be flown from the flagpole, he made the decision, in consultation with staff, to display it, considering the Ducks' banner was displayed. If the Ducks' flag was not present, the Pride Flag would have been draped it from the side of the building. He noted the need for specificity in terms of the location to place the Pride Flag. Council Member Faessel clarified the motion, as it stands, would give the City Manager the ability to use his discretion in terms of placement of the Pride Flag. As he stated, the City Manager's discretion would be displaying it on the front of the building. In response to his question, Mayor Tait confirmed that was what he has argued and moved. MOTION: Mayor Tait moved to authorize staff to commemorate June as Lesbian, Gay, Bisexual and Transgender Pride Month and approve display of the Pride Flag at City Hall and other activity, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members: Murray, Kring, Moreno, Faessel, and Barnes). ABSENT — 1: (Mayor Pro Tem Vanderbilt). Motion carried. Council Member Moreno reported the need to continue the conversation in terms of possibly changing the Code, and stated he will ask for the matter to be agendized, next month, and ask staff to consult with community members to get input. City Council Minutes of June 6, 2017 Page 27 of 30 D114 43. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending and restating the procedures and rules of order for the conduct of City Council meetings (revising the order of business and adding Section 1.08, setting time limitations to Council deliberations). DISCUSSION: Council Member Murray stated her intent regarding this item was to make sure all legislative items requiring public participation were moved to the front of the agenda, including all public hearings and non -consent items. The second piece would codify a recommendation by the Mayor of keeping Council comments in line with what public comments are limited to (three minutes). It would be a challenge, but it would require Council Members to collect their thoughts, be prepared on what they want to speak on each item, and not extrapolate beyond that, for limiting meeting lengths. Mayor Tait stated Council has been dealing with difficult issues, requiring a lot of discussion. It was the purview of the Mayor to decide how long the meeting goes, and stated he would rather not limit Council comments to three minutes. He believed delaying the Consent Calendar would require more time, and believed the current system works. Council Member Murray felt there was a disservice to the public when public hearings were held later during meetings. She commented on the Mayor previously leaving a meeting and asked him to stay until the end of meetings. Mayor Tait explained the indcident, noting Grandma's House of Hope was honoring him, and he felt it appropriate to leave. Council Member Kring agreed with Council Member Murray's suggestion, adding no Consent Calendar item should be pulled unless there were extraordinary circumstances. She reported every staff member stays until the end of meetings and noted many people repeat themselves. Council Member Moreno reported limiting Council comments to three minutes would not allow Council to do the people's business. He suggested Council meetings run longer because Council was working its way through, Consent Calendar items were not rubber-stamped, and if a Council Member chooses to pull an item for expanded discussion, Council should not be limited. He believed, if there were pressing matters, it was up to the Mayor's discretion to move an item forward on the agenda. Council Member Murray reported her point in the item was as a courtesy to the Mayor in addressing his concerns regarding the length of meetings. Her intent was to organize Council meeting agendas based on public hearings and deliberative items to accommodate public comments earlier on the agenda. Mayor Tait asked everyone to be cognizant of the time and be efficient in dialogue. He encouraged Council Member Murray to let him know if she sees something on an agenda needing to be moved forward. He agreed if there was a large group of people, they should not have to wait until the very end of a meeting to provide input. Council Member Kring noted there have been comments from the public regarding limiting the length of Council's discussions, as they are limited in length. She stated the people's business should be efficient, practical, answer succinct questions, and not be repetitive. Council Member Faessel noted support for moving public hearings forward on agendas, and noted Council Member Murray was willing to remove the three-minute limitation. He asked if the Mayor would be willing to support a modified motion. City Council Minutes of June 6, 2017 Page 28 of 30 Mayor Tait stated he was not, noting moving items on the agenda was the purview of the Mayor and he would entertain any request to do so from Council Members. MOTION: Mayor Tait moved to oppose the resolution and maintain the current system of running meetings, seconded by Council Member Moreno. ROLL CALL VOTE: AYES — 4: (Mayor Tait and Council Members Barnes, Moreno, and Faessel). NOES — 2: (Council Members Murray and Kring). ABSENT — 1: (Mayor Pro Tem Vanderbilt). Motion carried. PUBLIC HEARING: 11:07 P.M. T106 44. This is public hearing to consider a resolution confirming the Diagram and Assessment and providing for the levy of the annual assessment in and for the Anaheim Resort Maintenance District. RESOLUTION NO. 2017-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM confirming the Diagram and Assessment and providing for the levy of the annual assessment in and for the Anaheim Resort Maintenance District. At 11:07 P.M. Council Member Barnes declared a conflict of interest on Public Hearing Item No. 44 and left the dais. Public Works Director Rudy Emami introduced Operations Manager Dan DeBassio and deferred to him for a brief report. Operations Manager Dan DeBassio provided an overview of the staff report stating on May 9, 2017, Council initiated the proceedings for the FY 2017/18 annual levy of assessments in the Anaheim Resort Maintenance District (ARMD) by accepting the Assessment Engineer's Report setting June 6, 2017 as the date for a public hearing. Following the public hearing, staff recommends the City Council, by resolution, confirm the diagram and assessment and provide for the levy of the annual assessment in and for the Anaheim Resort Maintenance District for Fiscal Year 17/18. He provided further background, stating that in February 1999, Council adopted a Resort Area procedural ordinance, which established a single uniform procedure to levy an assessment, which was the first step to ensure the long-term quality of maintenance, repair, and replacement of the Anaheim Resort area public improvements. The city collaborated with Resort property owners throughout the planning and development of resort revitalization and on June 22, 1999, the properties voted to levy an assessment upon themselves to ensure the long-term quality of public improvement. The assessment allows all benefiting property in the resort area to share in the cost of maintenance. The Anaheim Resort Maintenance District (ARMD), was formed on July 1, 1999. The resort revitalization was completed in 2001 and ARMD continues to maintain an environment consistent with the operation of a truly unique and outstanding destination area. Mr. DeBassio presented the projected fund balances and the proposed revenue and expenditures for Fiscal Year 17/18. The fund balance for the beginning of Fiscal Year 17/18 is approximately $5.2 million and the proposed revenue is approximately $4.9 million inclusive of assessment revenue, other sources, and general fund contribution. The Annual Engineer's Report was prepared by David Taussig & Associates, Inc. with oversight by the City's Finance Department, which was approved by City Council on May 9. The report projects the annual levy will generate approximately $4.6 million in assessment, which includes a 2.11 % CPI increase. Other sources of revenue include penalties and interest income in the approximate amount of $99,000. The City also make a General Fund contribution of $200,000. The proposed expenditure for the Resort District is approximately $6.5 million; labor is equal to approximately 10%, operating approximately 68%, and capital outlay is proposed at 21 %. The fund balance at the close of Fiscal Year 17/18 is projected to be approximately $3.5 million, if all capital improvements are implemented. The enhanced services delivered through City Council Minutes of June 6, 2017 Page 29 of 30 the maintenance district include, but are not limited to, monuments, hardscape including sidewalk and walls, landscaping, urban forestry, decorative light fixtures, and decorative street fixtures. Over 15 years have passed since resort revitalization was completed. Both time and heavy use has taken it toil on the district and staff has developed a capital improvement plan to address the restoration, replacement, and upgrade of fixtures, as well as projects involving water conservation and LED lighting. Over the next fiscal year and as funding becomes available, the capital improvement projects will focus on the following: upgrading the east monument with LED lighting, palm tree maintenance and tree lighting, and modification to the irrigation systems. DISCUSSION: Council Member Moreno commented on an area off Manchester, going into the resort, that is very unkept and in response, Mr. DeBassio reported when he inquired about that area, it was part of the 1-5 project with Caltrans, and landscaping was installed under the public right-of-way program and is outside the Resort District. The city could address it as a sidewalk gap -closure project and fund irrigation and landscaping. City Manager Paul Emery was unsure that Resort District funding could be used outside of the district. Mayor Tait opened the public hearing. William Fitzgerald, Home Owners Maintaining our Environment, alleged illegal activities by Disney and the city and opined they were taking advantage of other businesses in the Resort District. Victoria Michaels commented positively on the maintenance of the Resort District but expressed concerns with maintenance in the rest of the city. Mayor Tait closed the public hearing. Council Member Kring asked how properties were assessed in the Resort District and Mr. Emami reported it was a formula which also incorporated traffic counts. Mr. DeBassio added there were three components to the assessment including front footage, average daily trips, and extended landscape zones. The formula was developed and shared with all property owners in the 1990s, and 87% of businesses voted in favor. MOTION: Council Member Kring moved to adopt RESOLUTION NO. 2017-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM confirming the Diagram and Assessment and providing for the levy of the annual assessment in and for the Anaheim Resort Maintenance District, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members Murray, Moreno, Kring, and Faessel). ABSTAIN — 1: (Council Member Barnes). ABSENT — 1: (Mayor Pro Tem Vanderbilt). Motion carried. Council Member Barnes returned to the Chambers and took her place on the dais. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Faessel thanked staff and residents for the District 5 community budget meeting; announced the recognition by Mothers Against Drunk Driving (MADD) of three Anaheim police officers; reported his attendance at the groundbreaking of Jefferson Stadium Park; and announced the Flag Day activities on June 11 and the North Orange County Homeless Service Area meeting on June 8 in the Gordon Hoyt Conference Center. City Council Minutes of June 6, 2017 Page 30 of 30 Council Member Barnes asked residents to call her with their concerns and announced the next meeting of CityNet on June 14 at noon at the Central Library. Council Member Moreno expressed appreciation for the new budget process, community meetings, and the Finance Department; thanked staff for the neighborhood watch meeting in the Bush/Vine neighborhood; thanked UCI Professor Jennifer Chacon for her presentation at the Welcoming Anaheim meeting; reported his attendance at Anaheim Ballet's No Filter performance and a meeting at the Senior Center regarding the adjacent parking lot and open space. He further recognized board and commission members from District 3; thanked GreenBird and Community Services for a neighborhood clean-up and service fair in the Mayfair neighborhood; reported his attendance at the Islamic Institute of Orange County Ramadan Iftar dinner; announced a police oversight meeting on Thursday, June 8 and a Town Hall meeting for Betsy Ross Park on June 12. He requested the following items for the next agenda: recognition of Katella High School CIF baseball championship, a proclamation for Barbara Bennett of the NOCCD School of Continuing Education as the 2018 OC Teacher of the Year, youth commission, senior commission, and sunshine ordinance. Council Member Kring reported her attendance at the ICSC event paid for by the City and the Disney kickoff of Summer of Heroes. She further announced the meeting regarding homeless on Thursday, June 8, a flashlight walk at Palm Lane Park on June 14, and alerted residents of an infestation of brown dog ticks in a central Anaheim neighborhood and referred to the Orange County Mosquito and Vector Control Board. Council Member Murray reported her attendance at ACC/OC's "Be the One" launch to raise awareness of human trafficking and requested staff return with an economic assistance program for west Anaheim. Mayor Tait reported his travels to Denmark regarding the City of Kindness initiative and to Mexico City regarding tourism; requested staff review apartment common areas in the ABC neighborhood off Brookhurst Street; and reported his attendance at the grand opening of All American Brewery. ADJOURNMENT: With no further business before the City Council and without objection, Mayor Tait adjourned the meeting of June 6, 2017 at 11:49 P.M., in honor of the victims in London, Paris, and other terrorist actions. Respe mitted, 'TFieresa Bass, CMC Acting City Clerk