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03/27/2018ANAHEIM CITY COUNCIL REGULAR AND REGULAR AJOURNED MEETING OF MARCH 27, 2018 The regular meeting of March 27, 2018 was called to order at 3:00 P.M. and adjourned to 3:30 P.M. for lack of a quorum. The regular adjourned meeting of March 27, 2016 was called to order at 3:33 P.M. in the Chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on March 23, 2018. PRESENT: Mayor Tom Tait and Council Members Denise Barnes, Lucille Kring, and Stephen Faessel. Mayor Pro Tem Jose F. Moreno and Council Members Kris Murray and James Vanderbilt joined the meeting during Closed Session. STAFF PRESENT: Interim City Manager Linda Andal, Acting City Attorney Kristin Pelletier, and Acting City Clerk Theresa Bass ADDITIONS\DELETIONS TO CLOSED SESSION: Acting City Clerk Theresa Bass announced Item No. 5 was removed from the Closed Session agenda. Acting City Attorney Kristin Pelletier announced the subject of each Closed Session agenda item, as follows: Item No. 1, receivership action to remediate substandard property that poses a health and safety risk; Item No. 2, against hotels and other responsible entities to recover unpaid transient occupancy tax; Item No. 3, opioid manufacturers for unfair business practices; and Item No. 4, against ACLU arising from representations made in its 2017 Use of Force Report. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 3:34 P.M., Mayor Tait recessed to Closed Session for consideration of the following items: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case. 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case. 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case. 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case. 5. CONFERENCE WITH LEGAL COUNSEL - EXISITING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: The Successor Agency to the Anaheim Redevelopment Agency v. Westgate Investment Group, LLC, Orange County Superior Court Case No. 30-2015- City Council Minutes of March 27, 2018 Page 2 of 37 00809143-CU-BC-CJC Item No. 5 was removed from the agenda and not considered during Closed Session. At 5:18 P.M., the Anaheim City Council session was reconvened. INVOCATION: Pastor Philip De Courcy, Kindred Community Church FLAG SALUTE: Council Member James Vanderbilt PRESENTATIONS: Recognizing Rusty Kennedy's retirement and 40 years with OC Human Relations Mayor Tait recognized Rusty Kennedy in honor of his retirement and 40 years with the Orange County Human Relations Commission by providing highlights of his career and accomplishments and presenting him with a proclamation. Mr. Kennedy thanked Council for the recognition and for continuing to work with the OCHR. Recognizing Wilma Ast and Ernie Diaz for their acts of kindness and service to the community Mayor Tait recognized Ernie Diaz for his acts of kindness and service to the community as reported by his neighbor, Linda Newby. He presented him with a proclamation in appreciation of his service. Mr. Diaz thanked his family and the City for the honor and thanked Linda Newby for submitting his name for the proclamation, as well as Barbara Very and other neighbors, Wilma Ast and Helen Bethers. At 5:35 P.M., the Anaheim Public Financing Authority was called to order (in joint session with the City Council). ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items, except public hearing): Prior to receipt of public comments, a brief decorum statement was provided by Acting City Clerk Theresa Bass. Cecil Jordan Corkern, Outreach Homeless Ministries, read from the Bible, spoke about Disney's legal troubles, and offered a prayer for the President. Ashleigh Aitken introduced four members from the Anaheim Boy Scout Troop 538 in attendance, earning their Community Merit Badge and their Citizenship in the Community Badge. She referenced Item No. 40 and spoke about equal rights for LGBTQ brothers and sisters. She expressed pride for Anaheim, as the City of Kindness, and thanked the City for its continued efforts. Cynthia Ward congratulated Director of Community Services Lawrence Pasco and City Attorney Robert Fabela on their new positions. She referenced Item No. 26 and opined committees approve consultants that provide reports creating any outcome certain Council Members wanted and wondered if the reports had ever been audited to determine whether projects reflected reality. She added some groups have not filed Forms 700 Forms and added the need to ensure the City was compliant with the Political Reform Act. Regarding Item No. 31, she reported the City Attorney's office was collecting unlimited TOT from hotels and other responsible entities and asked if those related to STRs. She opined if there were STRs not remitting their TOT, their permits should be pulled immediately. She wondered who was paying the attorney costs and asked if that would be billed to those who were delinquent in payments. In terms of Item No. 36, City Council Minutes of March 27, 2018 Page 3 of 37 she appreciated the City streamlining the process, but expressed concerns with the elimination of requirements related to open patios, beer, and wine near residential properties. Additionally, she addressed Item No. 16, noting the staff report did not identify what was causing the subject cracks. Debra Ashby, South Coast AQMD, invited Council and the public to attend an upcoming meeting on Tuesday, April 17, 2018, from 6:00 P.M. to 8:00 P.M., at the Brookhurst Community Center. She referenced AB -134 and AB -617 noting they were about providing more resources to help clean the air. Additionally, she announced nominations are open through July 13th for the 30th Annual Clean -Air Awards and encouraged nominations from Anaheim. Lou Penrose, Apartment Association of Orange County, thanked City staff for their help in establishing a permit -parking program. Victoria Vidrio expressed concerns regarding lack of transparency and disappointment with Council voting in support of Disney. She spoke about the City's revenues, the rate of homelessness, and Disney's responsibility to pay its workers a living wage. She urged Council to engage in honesty and clarity. William Fitzgerald, Anaheim Home Owners Maintaining Our Environment, reported his organization had been fighting the Disney -controlled Council for over thirty years. He referenced an item heard at the last Council meeting regarding a property tax loophole in the law, allowing Disneyland to pay a very small fraction of their property taxes. He referenced an initiative on the November ballot to stop billion -dollar corporations from cheating residents of Anaheim by not paying their fair share of property taxes. He alleged three Council Members vote for whatever Disney wants and other Council Members act in fear of Disney's retaliation. Jodie Mosley spoke about relocating the homeless to hotels on Beach Boulevard for six months, which was against Judge Carter's order for a term of 30 days. She stressed hotels were not homeless shelters and wondered who was responsible for dispersing medications. Ms. Mosley stated the hotels were near schools, parks, and homes with no fences and noted hotels were not zoned for this use. June Hamze spoke about a recent meeting and there was no representation from City Council. She reported homeless people walk through the neighborhood and leave trash and felt Council does not support Anaheim residents. Council Member Vanderbilt reported Judge Carter called an emergency meeting involving thirty-four cities, noted the participation of Council Members and City staff, reported the City purchased the Americana Hotel and commented on that property being converted to community use. He referenced an item on the agenda regarding the Association of California Cities Orange County and their efforts to address the long-term care of the homeless in other cities besides Anaheim. R. Joshua Collins, Homeless Advocates for Christ, expressed disappointment at statements from residents and noted a homeless person was still an American, with rights. He reported criminals were everywhere, not just among the homeless, and housing first proves to be most effective. He stated long-term and short-term care solutions must be developed. Jennifer Ayres opposed Item No. 38 relative to the prohibition of residents parking their RVs on City streets at night. She shared an incident visiting the City of Santa Ana where she parked her RV for the night and a Police Officer banged on their door and asked them to leave the city. She spoke in support of people's rights to be able to travel and indicated part of the homeless problem was caused by communist people using mind -control technology. City Council Minutes of March 27, 2018 Page 4 of 37 Chuck Robinson asked regarding the current status of the STR ordinance process and indicated the City allowed developers to come into R-1 zones and build motels. He noted a proposal to allow STR owners to turn their rentals into homeless shelters without regard for residents or homeowners. He urged Council to consider the impact on residents and felt families should not be exposed to the psychologically- or chemically -challenged or violent people. John Acosta asked whether homeowners and renters will be allowed to obtain parking permits. Wayne Woodard quoted from an article in the March 6th edition of the Orange County Register regarding permit parking in Anaheim. He understood that anyone can obtain a parking permit and felt the City was only helping to increase its revenue and not helping the people. Bolivar Vilchez, Marine Corp Serviceman, spoke about a how his wife gave birth in their SUV in Anaheim in 2014 and associated issues with his insurance company and the city's billing practices. He further claimed the City released his personal information in 2016 to someone claiming to be him, but he was deployed during that time. Upon asking for copies of the bills, he stated the City denied his request as they are from a third party and now his wife and daughter have been sent to collections. He requested the City resolve the matter. Mayor Tait thanked Mr. Vilchez for his service, apologized for the City's mistake, and referred him to the Fire Department for help. Colin Womer, Drug Free Anaheim, reported 65 participants have received treatment so far this year. He reported contracting through Social Model Recovery Systems and they will be holding the Western States Opiate Summit at the Anaheim Convention Center on September 20-21, 2018. Additionally, he reported he will be speaking on April 11, 2018, at Intercoastal College at 1:00 P.M. and reported they have built new partnerships with Monarch Shores and Willow Springs Recovery. Michele Vavonese, Hope Center for the Arts, distributed printed information to Council, reported on the services offered by her organization, and thanked Mayor Tait, Mayor Pro Tem Moreno, and Community Services Director Brent Dennis for their time. She reported their needs were great, detailed them, and asked for assistance from the City. In response to an inquiry from Mayor Tait, Ms. Vavonese reported their building was just listed for sale and she was unsure when they must move. Mayor Tait noted the Hope Center is doing wonderful things and asked the audience to help. Council Member Kring reported Creative Identity occupies a City building and commented on the possibility of sharing space with them. Antoinette Coe observed redevelopment on Beach Boulevard had stopped, commented on housing the homeless in motels on Beach Boulevard, and hoped the City could make positive changes in supporting the homeless and City residents. She asked how other cities support the homeless, what other benefits the homeless were receiving, and whether the homeless problem continued to be on the shoulders of Anaheim residents. Mayor Tait reported Judge Carter shares the City's concern that Anaheim should not bare the burden of the County's homeless. Mayor Pro Tem Moreno reported the City's website has recommendations which were unanimously approved by Council, outlining the policies the City is to follow. City Council Minutes of March 27, 2018 Page 5 of 37 Ronda Larsen expressed concerns regarding the homeless and spoke regarding permit parking. She opined the permit parking program was not addressing the source of the problem. Ms. Larsen addressed spill-over parking and reported apartment renters take parking away from neighborhood residents; the latter of whom pay for parking through their property taxes. She expressed concerns with trash left in neighborhoods by apartment renters and reported she often has trouble getting out of her driveway because of cars being doubled -parked. Additionally, she complained of accidents, break-ins to parked cars, and expressed concerns with public safety. She recommended Council consider providing free parking in vacant lots and adding a bus stop in specific locations. She stated she would like to participate on a committee to develop solutions and asked Council to help. Council Member Barnes reported receiving an update regarding the homeless in West Anaheim and stated at the Board of Supervisors meeting, County CEO Frank Kim announced that with the exception of some individuals receiving specific services, all of the homeless that have been in West Anaheim motels will be out of the motels and into shelters throughout Orange County. The last 60 homeless will be transferred by tomorrow. Grant Henninger spoke in favor of Item No. 40 and stated it should be a goal that every resident feels included in civic life; flying commemorative flags in front of City Hall was one small way various communities can feel included. He added there was no cost to fly the flags and no reason not to approve a change to the City's Municipal Code. He encouraged Council to approve the item and be as inclusive as possible. He expressed excitement that the City was considering redesigning the City flag, suggested it be an inclusive process, and reported creating a Facebook group to obtain ideas for the flag design. Javier Arias, Loara High School, commented on voter registration noting it was very low (under 40% of the population) in the City and asked why it was so low in Anaheim. Mayor Tait reported Council cannot discuss issues raised by the public, at this time, as they were not on the agenda. He stated he would love to meet with the Civics class to discuss the issue and asked Mr. Arias to contact his office. Renee B. reported she has a list of Anaheim Police Officers she believed to be unreasonable, a threat to public safety, a liability for the City, and encouraged citizens to video encounters. She listed the officer names, including those involved with Chris Eisinger. She opined the officers have had no accountability for their unlawful actions against human beings in the City, resulting in deaths. Bill Nguyen, Loara High School, reported seeing Council Member Vanderbilt at a local park and thanked him for attending. He asked whether there was an effort in helping citizens who do not speak English to provide information about voting. Mayor Pro Tem Moreno suggested the Acting City Clerk may be able to share resources about voting, since she oversees the City's election process. "The Cameraman" referenced the proclamation presented to Rusty Kennedy and felt his service has not been award -worthy in the last few years. He provided an update on three of his complaints regarding the APD. He referenced an arrest made in March; reported the Supreme Court ruled that the police can lie and noted the truth will only come out of videos recordings are released. He stated his belief that police brutality had become a joke and was swept under the rug until the next police killing. City Council Minutes of March 27, 2018 Page 6 of 37 Wes Jones reported he does not agree with permit parking as it divides homeowners and apartment dwellers. He suggested re -designing apartment parking or creating additional parking by leasing space from shopping centers to allow overnight parking. He referenced the prohibition of RVs parking on City streets and expressed concerns many poor people will be driven out of the City with no place to park. In terms of the Association of California Cities item, he cannot support it unless someone can explain what it does for Anaheim. Otherwise, he believed $55,000 would be far better spent elsewhere, such as the La Palma Check-in Center. Additionally, he encouraged Council to approve flying the Pride flag and felt everyone should support UNITE HERE for a livable wage for resort workers. Heather Porretta addressed the Baymont Motel and Suites housing the homeless and spoke in support of equitable outcomes. She stated Anaheim has made its fair share of efforts to help the homeless and has committed many resources in helping the homeless. She expressed dismay regarding the lack of transparency from the County in housing the homeless in motels, as well as the lack of available information. She believed it fostered mistrust among residents and City government. She indicated she would like to see the motel vacated before six months, that Council and the City ensure the Baymont does not become a permanent shelter site, and encourage other cities to step up to the plate and help in this regional crisis. Council Member Murray stated Council and staff have been working diligently and were working collaboratively with the County and other agencies, on a comprehensive, thirty-four city solution to permanent, supportive housing. Pat Mahoney referenced Item No. 41 and urged Council to vote in favor of staying a member of the Association of California Cities. Sara Jilani, Loara High School, spoke about well -standing universities in Anaheim and reported they were hardly known among residents and residents need to be made aware of them. Mark R. Daniels described his experience learning of his homeless sister's death in 2014 and how that affects his current view of homeless individuals. He acknowledged the efforts of Anaheim to help the homeless while other cities have not. Sal Ortiz spoke in support of the Large Vehicle Ordinance and reported there has been an influx of RVs in his community and an increase in criminal activity. Katrina Ortiz voiced support for the Large Vehicle Ordinance and urged Council to vote in its favor. Kris Ritzke spoke in support of forming a permit -parking district noting it was the best thing that happened to her neighborhood. She hoped Council would support and approve the new version of the permit -parking proposal. She thanked City staff for listening to residents and implementing their suggestions in the plan. She commented on the fee required and suggested when plans were approved, the City should refund the money back to residents. Fadi Akkad expressed concern regarding people parking cars for sale on City streets. He reported working with the APD, but the issue seemed to be growing. Mayor Tait reported there was an existing ordinance prohibiting that and deferred him to City staff for follow-up. He added the matter would be discussed under Item No. 38 on the agenda. Jordan Brandman asked Council to vote in favor of Item No. 40 and commented on the City's decision to fly the Pride flag in honor of the victims of the Pulse Nightclub massacre. He urged City Council Minutes of March 27, 2018 Page 7 of 37 Council to think about how its decision will be discussed in classrooms and schoolyards and to remember the City's posterity. Bob Donelson spoke about the City giving STIR owners a big break by giving an eighteen -month extension. He disagreed with the suggestion to make them all into transitional homes. In terms of the City continuing its association with the Association of California Cities, he felt there was no benefit to the City and questioned the City spending $54,000 to do so. Additionally, he suggested placing disposable trashcans around Orangewood and West during big conventions, and urged Council to approve Item No. 40, as it does not cost the City anything and would make people feel good. Council Member Kring agreed with the need for trashcans during large conventions. Council Member Murray reported asking Council to evaluate existing housing stock, owned by STIR owners, for transitional or supportive housing, in furtherance of the City's Housing First policy that was unanimously adopted by Council. Kenneth Batiste opined the residents of District 5 have been the victims of a hypocritical, political process. He reported Judge Carter has noted that other cities have been "dumping" on Santa Ana and Anaheim in terms of dealing with the homeless and it was time for everyone to bear their fair share. He alleged the City was $2 billion in debt and opined it was because of mismanagement by City Council. Justin Samson reported the Board of Supervisors recently repealed their efforts to build shelters in Irvine, Huntington Beach, and Laguna Niguel. He expressed concerns the County seemed to be kicking the can down the road and passing the buck. He urged the City to hold the County accountable and that they do what they claim they will do. Additionally, he urged Council to approve Item No. 40 in keeping with the City's diversity. Lou Noble reported attending the Board of Supervisors meeting today, noting certain community members were bused in because of fear -mongering by one of the Supervisors. He noted not all the homeless were criminals and fear -mongering only leads to misconceptions and misunderstandings. He reported the homeless need homes, not tents, and felt they need structure. Additionally, the anti -camping ordinance as not working and, eventually, other cities will have to comply with Judge Carter's orders. Juan Maldonado shared he learned about the City offering loans at a District 5 meeting. After going through the application process, the City denied the loan. When he asked for additional information, he has yet to receive a response and expressed disappointment with the process. Vern felt Council made a mistake when it approved the closure of the La Palma Check-in Center noting it was still needed. He hoped a Council Member would agendize reversing the decision and keep the Center open. He agreed with previous speakers regarding placing the homeless in motels along Beach Boulevard and encouraged they join in support of keeping the La Palma Center open. He referenced the killing of Chris Eisinger by the APD and hoped the officers will share what happened. Chris Lapcheske referenced Item No. 38 and reported he drives a work truck, which is over 7 feet tall. While he understood problems connected with RVs parked on City streets including drug - use and prostitution, he felt those were not parking issues and they should be addressed by the Police. He reported he does not have the finances to pay for an additional parking space for his truck and he needs it to do his job. City Council Minutes of March 27, 2018 Page 8 of 37 Council Member Vanderbilt asked whether Mr. Lapcheske lives in a single-family home or an apartment. Mr. Lapcheske reported the home has a driveway, but he rents a room from the homeowner and cannot park his truck in the driveway. Mike Robbins reported attending the Board of Supervisors meeting and stated crime in the City was around the resort industry and Disneyland and opined the City must get rid of the resort industry. He alleged taxpayers were paying for the infrastructure for the resort industry that pays poverty wages and was the hub of crime in the City. Mr. Robbins reported RVs park on the streets in his neighborhood, especially when relatives visit, and felt that should be eliminated from the particular agenda item. Regarding STRs, he referenced a report regarding only two permits. Cecile Eveland agreed with Mr. Robbins regarding STRs, noting they and home -sharing were illegal and should remain so. She reported the City has not been able to manage STRs properly and living next to a STR has caused numerous issues for her over the last five years. She has tried to sell her house, without success, adding that no one wants to live next to a STIR. In August 2017, there was an overoccupancy that was reported to the Police, but it was still in operation. She expressed concerns with partying, debris, and noise from the STRs, and urged Council to properly notify residents who are impacted by STRs to allow the opportunity for them to move. She urged Council to get rid of all STRs. Jeanine Robbins spoke in opposition to STRs and home -sharing and reported one permit has been pulled in eighteen months due to staffs inability to enforce the STIR ordinance. She stated staff was unable to enforce overoccupancy and often relied on residents to provide pictures or videos and staff was unable to respond in a timely manner when violations were called in. She opined the STRs must be closed. In terms of permit parking, she asked Council to remove the RV limitations from the possible ordinance noting some RVs were used as shelters by people who do not want to be homeless on the streets. Ms. Robbins spoke in support of opening and expanding the La Palma Check-in Center, stressing this was not the time to cut services, when the homeless population continued to grow. Jeff LeTourneau spoke in support of Item No. 40 and noted why it was important including that it was a well -reasoned compromise, the LGBTQ community has experienced increased attacks under the Trump Administration, services were being slashed, and flying the Pride flag would provide hope to those being victimized and would show the City cares for them. Linda Lehnkering spoke regarding Item No. 05 and asked regarding the City's RHNA allocations and what plans the City has to encourage the development of extremely -low and very -low income units. She also requested a comparison of the number of units and the number of people experiencing homelessness in the City. Until there was sufficient supportive housing and services for the homeless in the City, she stated the La Palma Check-in Center must remain open and outreach and services needed to be restored to previous levels. Donna Acevedo -Nelson reported her son, Joel, was 21 years old and killed by the APD on July 22, 2012. She spoke for her son and referenced the recent killing of Chris Eisinger, adding that the killing must stop. David Duran stated Council had not done right for homelessness, despite many opportunities to do so. He spoke in support of keeping the La Palma Check-in Center open, especially as the armories would be closed and some have been evicted from the Bridges at Kraemer, because they were inappropriately diagnosed. Pat Davis spoke in support of Item No. 40 and expressed concerns with Item No. 38, especially as it related to large vehicles such as RVs and work vehicles. She reported helping moving people into motels and expressed disappointment at the Board of Supervisors meeting today. City Council Minutes of March 27, 2018 Page 9 of 37 She reported Telecare will be running the Baymont operation and reported the Bridges at Kraemer was a mess, with more than double the intended population and people were leaving the shelter. Tim Schumer felt that everyone in Anaheim shares the problem with the homeless. He reported seeing two homeless people in the City of Irvine for the first time. He suggested centralizing care for those with mental health issues and getting those with addiction problems into programs. For those who do not want help, he suggested placing them in the James Musick Honor Farm. Bryan Kaye made allegations against Council Members, noting they want people to say nice things about them, but they do not say nice things about other people. He reported families were still in fear of the City's Police Department. COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Vanderbilt announced he had visited the La Palma Check-in Center a few times over the last two months and noticed declined usage but was willing to visit again for current data as well as observing from an overpass, homeless encampments along the 1-5 Freeway and railroad tracks between Euclid and Brookhurst, reporting they were mostly cleared/empty. Mayor Pro Tem Moreno thanked residents for sharing their diverse opinions and perspectives and encouraged the public to press the Orange County Board of Supervisors to stick to its commitments to provide the funding and resources as stated; expressed his appreciation for the lawsuit and Judge Carter for leading a plan and his concerns with the closure of the armories in April; and requested Dr. Peter Dreier and Dan Fleming be invited to the April 10th Council meeting to present their report and survey of 5,000 Disneyland Resort employees. Council Member Lucille Kring questioned the current and future usage of the Baymont Motel, why the County paid the owner $1.7 million for using the facility, whether it would be in use for the homeless for six months, and whether services were being provided. Council Member Murray explained City efforts since 2014 to provide comprehensive services to the homeless and well as the choices made by many homeless individuals to take the motel vouchers in lieu of services and beds at the Kraemer shelter and other rehab facilities. Council Member Faessel requested staff research and recommend policies and costs to expand ethics training, AB1234, to all boards and commission members, Council aides, and appointees, with Mayor Tait requesting a comprehensive list of who is already required to take the training. Council Member Barnes addressed County CEO Frank Kim's comments regarding the Baymont Motel at a community at Brookhurst Community Center and reported there would be security on site. She further reported, out of an abundance of caution and via the FPPC, that she had recused herself over the past year from any issues related to Disneyland due to her husband's employment at ABC. As he resigned his position last March and the 12 -month waiting period was over, she could now participate and vote on all issues related to Disney and the Resort area and thanked her husband for his sacrifice. Mayor Tait requested Interim City Manager Linda Andal address homelessness during her report or at the next meeting and cited the holistic approach the City has taken via Drug Free Anaheim, Coming Home Anaheim, CityNet, non-profit and faith -based organizations, Chrysalis, Love Anaheim, and the hard work and dedication of staff. City Council Minutes of March 27, 2018 Page 10 of 37 CITY MANAGER'S UPDATE: Interim City Manager Linda Andal reported more information about homeless efforts would be placed on the revamped website; summarized County CEO Kim's efforts following Judge Carter's orders of locating motels at approximately $100/night for the vouchers given to 700 individuals while clearing the Santa Ana River Trail (SART) and that the first 30 days were an assessment with tomorrow marking the final day of motel exits; noted the Baymont Motel is under a six month lease, with 24-hour staff and services, and will provide service partnership beds for individuals as County finds permanent supportive housing for them or other shelter and recuperative shelter beds; and that Judge Carter directed Santa Ana and the County to clear the civic center and surrounding area but not place individuals into motels. In response to Mayor Pro Tem Moreno, Ms. Andal confirmed HIPPA laws and medical services limited the amount of information the County could provide but confirmed Anaheim Police and Code Enforcement were present at each motel exit to extend resources in addition to those offered by the County. Regarding Item Nos. 7 and 8, Ms. Andal reported Section 54953(c)(3) requires an oral summary of salary and any fringe benefits at an open meeting in which final action was taken on executive matters. She explained Item No .7 was the confirmation of Robert Fabela to the position of City Attorney, whose employment contract was approved at the previous meeting contingent upon his completion of pre-employment requirements, and who had now met all such conditions. Final action by the Council will confirm his appointment at a salary amount of $271,605, moving expenses of $8,000, and other benefits as provided to the executive classification. For Item No. 8, Ms. Andal stated it was her privilege to present Larry Pasco for the position of Community Services Director, citing his personal and work history in Anaheim, and noting final action by Council would appoint Mr. Pasco at a salary of $187,500 and other benefits provided to the executive classification. She concluded, on behalf of executive team and city staff, by thanking Brent Dennis for his time, friendship, and great work done for the community and city. At 8:41 P.M., Mayor Tait recessed the City Council to consider the Anaheim Public Financing Authority agenda, reconvening at 8:53 P.M. CONSENT CALENDAR: At 8:53 P.M., the Consent Calendar was considered with Mayor Tait declaring a conflict of interest on Items Nos. 18 and 19 and pulling Item No. 25; Council Member Faessel pulling Items Nos. 05, 08, 10 and 36; Mayor Pro Tem Moreno pulling Items No. 06 and 26; and Council Member Vanderbilt pulling Items No. 27 and 31 for separate discussion and consideration. 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 consent calendar, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. B105 3. Receive and file minutes of the Sister City Commission meetings of October 23, 2017 and January 22, 2018, and Public Utilities Board meeting of January 24, 2018. D116 4. Approve recognitions recognizing June as Men's Health Month, the Asian Business Association of Orange County's Small Business Development Day (May 10), and Anaheim resident Elmer Thill on his 104th birthday. City Council Minutes of March 27, 2018 Page 11 of 37 7. Ratify the appointment of Robert Fabela to the position of City Attorney and receive an AGR- oral report of compensation pursuant to Section 54953(c)(3) of the California Government 11012 Code. D117 9• Approve the Investment Portfolio Report for February 2018. 11. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing D180 Agent to issue a master agreement to Johnson Controls Fire Protection LP, in the amount of $288,229 plus a 15% contingency, for all testing, inspection, monitoring and maintenance of fire sprinkler systems at the Anaheim Convention Center for a one-year period with the option to renew for up to four additional years, in accordance with NJPA Contract #031517 -SGL. 12. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing D180 Agent to issue master agreements to United Site Services, Inc., and A -Throne Company, Inc., in a combined amount not to exceed $35,000 annually, for the rental of portable restrooms and related services for various City special events and projects. 13. Waive Council Policy 4.0 and authorize the Purchasing Agent to issue a master D180 agreement to FLIR Surveillance Inc., in the amount of $59,276.25, for service maintenance to the FLIR Star Safire HD camera system for a one-year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, subject to budget appropriations. 14. Accept the lowest responsive bid from Global Power Group, Inc., in the amount of D180 $240,259 plus a 20% contingency and applicable tax, to provide as -needed generator preventative maintenance, testing, and repair services at various locations throughout the City 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 #9068. 15. Accept the bid from I Color Printing and Mailing, Inc., in the amount of $90,011.96 plus applicable tax, for the digital production, printing and mailing services of the Community D180 Services Guides for a one-year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9089. 16. Accept the bid from Slater Waterproofing, Inc., in the amount of $246,000, to provide D180 repairs to crack and spalls in the concrete on two levels of the Anaheim Convention Center parking structure, Car Park 2, and authorize the Purchasing Agent to issue the purchase order, in accordance with Bid #9058. 17. Accept the bid from CT&T Concrete Paving, Inc., in the amount of $2,056,748, for citywide D180 concrete removal and replacement including sidewalks, curbs and gutters 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 #9034. City Council Minutes of March 27, 2018 Page 12 of 37 18. Award the contract to the lowest responsible bidder, R. J. Noble Company, in the amount AGR- of $528,807.10, for the Lincoln Avenue Rehabilitation Project from State College 11049 Boulevard to Sunkist Street, authorize the Finance Director to execute the Escrow Agreement, and determine the project is categorically exempt under the California Environmental Quality Act. Mayor Tait declared a potential conflict and abstained on Item No. 18. ROLL CALL VOTE: AYES - 6 (Mayor Pro Tem Moreno and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel); NOES - 0, ABSTENTION -1 (Mayor Tait). Motion carried. 19. Award the contract to the lowest responsible bidder, R. J. Noble Company, in the amount of $593,503.44, for the Orange Avenue Rehabilitation Project from Western Avenue to AGR- Dale Avenue, authorize the Finance Director to execute the Escrow Agreement, and 11050 determine that the project is categorically exempt under the California Environmental Quality Act. Mayor Tait declared a potential conflict and abstained on Item No. 19. ROLL CALL VOTE. AYES - 6 (Mayor Pro Tem Moreno and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel); NOES - 0, ABSTENTION -1 (Mayor Tait). Motion carried. 20. Ratify an Extra Work Order No. 1 with Henkels & McCoy, Inc., in an amount not to exceed AGR- $61,796, for Underground District No. 63 Lincoln / Rio Vista for electrical and civil 8391.0.2 engineering services and authorize the Public Utilities General Manager, or designee, to execute the Extra Work Order and any related documents and take the necessary or advisable actions to implement and administer the Extra Work Order. 21. Ratify a change notice to the purchase order with Heli -One American Support, LLC, D180 increasing the contract amount by $140,425.76, thereby bringing the total amount of the purchase order to $455,704.96 to cover unforeseen repairs to the helicopter engine. 22. Determine that the Manzanita Skate Parks Project is exempt from the California Environmental Quality Act pursuant to Section 15303 of Title 14 of the California Code of AGR- Regulations; determine that the proposal submitted by Spohn Ranch, Inc. in response to a 11051 City solicitation dated February 20, 2018 and best and final offer dated March 5, 2018 represents the best value to the city; award to Spohn Ranch, Inc. a Design -Build Services AGR- Agreement, in the amount of $675,000, to design and construct the Manzanita Skate 11051.1 Parks and Logan Wells Memorial Skate Zone and waive any irregularities in any of the documents of the responsive, responsible and qualified vendor deemed to offer the best value in this procurement process; approve and authorize the Director of Public Works to execute the Agreement and any other related documents and take necessary actions to implement and administer the agreement, including the execution of an Escrow Agreement in accordance with Public Contract Code Section 22300; and approve and authorize the City Manager, or designee, to execute the stipend agreements, in substantial form, with Grindline Skateparks, Inc., in the amount of $1,000, which will allow the city to use components of the submitted design proposal under joint ownership of all documents or materials for any current or future project. City Council Minutes of March 27, 2018 Page 13 of 37 23. Approve the Agreement for Acquisition of Real Property with Terry Lee Bowen and Carol AGR- Lee Bowen, in the payment amount of $13,000, for a portion of right-of-way for a public 11052 road and utility easement and temporary construction easement for property located at 1505 East Lincoln Avenue for the Lincoln Avenue Widening Project from East Street to Evergreen Street (RNV ACQ 2016-00783). 24. Approve a Workforce Innovation and Opportunity Act Vendor Agreement with Anaheim AGR- Transportation Network, in an amount not to exceed $25,000, for the provision of on -the - 11053 job training and authorize the City Manager to execute and the Workforce Development Manager to administer the Agreement. 28. Approve the contract termination for default with Golden State Constructors, Inc. for the AGR- Cerritos Avenue Sidewalk Gap Closure and Intersection Improvements Project at Euclid 10736.1 Street (Project), authorize the Director of Public Works to issue a written notice of termination to Golden State Constructors, Inc., and award the contract for the Project to the second lowest responsible bidder, HYM Engineering, Inc., in the amount of $825,624. 29. Approve the engineering service agreement with KOA Corporation, in an amount not to AGR- exceed $145,193.58, for the design of the Euclid Street and Glenoaks Avenue Traffic 11056 Signal Modification and Median Islands to Crescent Avenue Project. 30. Approve an agreement with Organization Effectiveness Consulting, in an amount not to AGR- exceed $30,000, for organizational development and training services to City employees 8566.A through the end of Fiscal Year 2018/19. 32. RESOLUTION NO. 2018-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real P124 properties or interests therein (City Deed Nos. 12191 and 12192; Lincoln Avenue Widening from East Street to Evergreen Street Project). 33. RESOLUTION NO. 2018-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating public utility easements pursuant to California Streets and Pilo Highway Code Section 8330, et. seq. - Summary Vacation (ABA2017-00364; Anabella Hotel located at 1030 West Katella Avenue). 34. RESOLUTION NO. 2018-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing rates of compensation for classifications assigned to the Anaheim Municipal Employees Association, General Unit. D154.1 D154.5 RESOLUTION NO. 2018-031 A RESOLUTION OF THE CITY COUNCIL OF THE D154 CITY OF ANAHEIM establishing rates of compensation for classifications assigned to the International Brotherhood of Electrical Workers, Local 47. RESOLUTION NO. 2018-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-093 for the purpose of creating, deleting and/or modifying certain classifications designated as Administrative Management. City Council Minutes of March 27, 2018 Page 14 of 37 RESOLUTION NO. 2018-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-094 for the purpose of creating, deleting and/or modifying certain classifications designated as Middle Management. RESOLUTION NO. 2018-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-095 for the purpose of creating, deleting and/or modifying certain classifications designated as Professional Management. RESOLUTION NO. 2018-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-096 for the purpose of creating, deleting and/or modifying certain classifications designated as Supervisory Management. 35. ORDINANCE NO. 6431 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Section 4.04.405 to Chapter 4.04 (Outdoor Advertising Signs and M142 Structures — General) of Title 4 (Business Regulation) of the Anaheim Municipal Code to D182 provide for the limited installation of banners on street light poles owned and maintained by the Public Utilities Department, and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment and because it is not a project, as defined in Section 15378 of the CEQA Guidelines (provides for installation of temporary banners on street light poles owned and maintained by Public Utilities Department in order to provide public service announcements and promote specific civic and community events consistent with Council Policy 1.5). D114 RESOLUTION NO. 2018-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the Electric Rates, Rules and Regulations by modifying Rule No. 24, which does not increase rates, for the sale and distribution of electricity as adopted by Resolution No. 71 R-478 and most recently amended by Resolution No. 2018- 021 and determining that said actions are exempt under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code, Section 21080(b)(8), and Sections 15060(c)(3), 15061(b)(3), 15273(a), and 15378(b)(2)(4)(5) of Title 14 of the California Code of Regulations (provides for cost recovery for the labor, equipment, and materials related to the installation and removal of temporary banners on street light poles). 37. Approve minutes of City Council meeting of May 23, 2017. END OF CONSENT CALENDAR: 5. Receive and file the 2017 Annual Housing Element Progress Report and direct the D155 Planning and Building Director to submit the report to the Governor's Office of Planning and Research and the California Department of Housing and Community Development. City Council Minutes of March 27, 2018 Page 15 of 37 Planning and Building Director David Belmer presented the 2017 Annual Housing Element Progress Report, noting it identified Anaheim's Regional Housing Needs Assessment (RHNA) allocation, the City's self -stated housing production goals (referred to as the "Quantified Objective"), and the progress made towards meeting these goals. The report also described the status of other action items outlined in the Housing Element's Implementation Program. He addressed the Housing Element of the General Plan, noting it was the only element that requires State certification. Additionally, he reported the Southern California Association of Government (SCAG) establishes the RHNA allocation for cities and counties during each Housing Element cycle. The City's RHNA allocation represents the number of housing units that SCAG estimates will be necessary to accommodate the City's projected population growth for the 2014-2021 planning period. To accommodate the City's estimated population growth of 21,878 residents, SCAG allocated or assigned the development of 5,702 residential units to Anaheim. As of December 2017, the City -issued permits to construct 5,527 residential units, just 175 units short of the City's total RHNA allocation. The RHNA obligation is broken down by income category and 2,163 of the total units allocated (5,702) are targeted for families meeting the definition of "Very Low" and "Low" Income. In addition to reporting progress made towards meeting Anaheim's RHNA allocation, Mr. Belmer stated the report illustrated the City's progress towards achieving its Quantified Objective, an important component of the Housing Element. The Quantified Objective represents what the City has determined to be a reasonable number of housing units that the City anticipates during the planning period, when taking into consideration factors such as available funding, infrastructure, and current market conditions. HCD reviews the City's Quantified Objective as part of its Housing Element certification process. Mr. Belmer reported in certain categories (Very Low and Moderate), the City has met or was very close to meeting its Quantified Objective, although that was generally not the case when compared to the "total" RHNA allocation per income category. During the first four years of reporting, he continued, the City rehabilitated 836 income -restricted residential units that the property owners may have otherwise converted to market rate units (referred to in the affordable housing profession as "at -risk" units). The rehabilitation of at -risk units is an important component of the Housing Element's Implementation Program. Mr. Belmer stated several factors have made the production of affordable housing much more challenging than in the past, most notably, for at least the last 8 years, there has been significant losses in State and federal funding that the City previously relied on for affordable housing development. The loss of Redevelopment in California had an undeniable negative impact on the City's ability to assist in the creation and preservation of affordable housing ($14 million annually). This past year, in recognition that the State of California was experiencing an affordable housing crisis, the State Legislature adopted a number of housing bills that became effective January 1, 2018. Two of the approved bills provide the means to establish a permanent source of funding for affordable housing: Senate Bill 2 and 3. Mr. Belmer acknowledged these as important actions, but noted they would not restore funding equivalent to what the former Redevelopment Agency was generating annually. Mr. Belmer addressed 2017 accomplishments and ongoing efforts including identifying creative and collaborative approaches to meet affordable housing needs, working with private developers to encourage the development of affordable housing, and identifying potential affordable housing projects that can be assisted by the Housing Authority and/or State Tax Credit programs or other funding sources, and presented recommendations. DISCUSSION: Council Member Faessel referenced "at risk" units and asked about the income category they were converted to. Community and Economic Development Director John City Council Minutes of March 27, 2018 Page 16 of 37 Woodhead reported they were in the extremely -low to low income categories. Council Member Faessel asked how Anaheim compared to other cities in terms of RHNA allocations. Mr. Belmer reported the information was based on anecdotal information and Anaheim was doing quite well. Council Member Faessel asked for clarification of the "quantified objective". Mr. Woodhead reported the RHNA number was allocated by the State, without a sense of "fairness"; it is what the State determined cities need to satisfy Statewide housing concerns. Mr. Woodhead stated the "quantified objective" is a much fairer measure of what is actually attainable, based on the City's limited resources, and Anaheim had faired very well because it was fortunate to have a Housing Authority that inherited a lot of properties from the former Redevelopment Agency, and the City also has a very robust Affordable Housing Development Program where the City availed itself of partnerships with a number of tax credit indicators. The "quantified objective" is an assessment the City makes based on available resources. Council Member Faessel commended the Housing Authority and the Planning Department for their work. In response to his inquiry, Mr. Woodhead stated that, historically, Anaheim has several thousand units which, under contract, developers are providing affordable housing. These are the units developed during this particular reporting period. The City has 6,000 vouchers in the Section 8 program and has accumulated a stock of over 6,000 affordable housing units. Mayor Pro Tem Moreno appreciated staff provided attainable objectives and noted the City has far exceeded the ability to produce above -moderate income housing. He addressed the lack of parking because people have to double up in apartments because of the lack of affordable housing. He observed the City has 1,175 units it must produce to meet the need at the very -low income. At low income, the City has an allocation of 907 and there is a need to permit 796. He hoped staff will bring to Council some ideas to consider in May, and reported in meeting with developers, they have indicated they will only do it if they have to. Mayor Tait noted the most expensive housing to produce is for very -low income and asked how much someone makes at the very -low income level. Mr. Belmer reported it was based on family size and Mr. Woodhead reported at 50% or below, a family of four in Orange County, would make $50,000. Mayor Pro Tem Moreno reported in District 3, one out of two families/households make $50,000 or less and one out of four households make under $25,000 per year. He stated these were people who were one paycheck away from homelessness. Council Member Murray stressed the importance of not alarming residents and using facts. She stated the City was talking about a rebate on future revenue, not money that was being given away. She stated there was a real housing crisis in the State, and felt it was about securing a middle class and restoring jobs that allow people to move up in their careers, become skilled, and have an opportunity to work near home. People have been leaving the State for a long time as a result of housing costs and cost -of -living and she stated that was not a result of economic systems, but rather of CEQA challenges, of losing redevelopment, and of a limited supply of housing. She noted the need to work with the State to restore funding sources and streamline the permitting and regulatory burden that were preventing housing from developing. Council Member Kring reported visiting Sacramento with the Orange County Business Council and one of the speakers suggested converting garages into housing, but Anaheim does not permit that. Legislators in Sacramento were pushing for transit -oriented development. She added they were thinking of getting $200 to $300 million in fees increases, but there was a short supply of housing and they will never get that kind of money in this current economy. City Council Minutes of March 27, 2018 Page 17 of 37 Mayor Pro Tem Moreno disagreed with Council Member Murray regarding the various terms of "rebate" and "incentive payment." Mayor Tait referred to the Economic Assistance Agreement voted on previously. MOTION: Council Member Faessel moved to receive and file the 2017 Annual Housing Element Progress Report and direct the Planning and Building Director to submit the report to the Governor's Office of Planning and Research and the California Department of Housing and Community Development, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. D159 6. Receive and file an update on the enforcement and amortization of short-term rentals and a proposed new ordinance to allow "home sharing." Planning and Building Director Belmer presented the staff report addressing background, adoption of an ordinance to regulate short-term rentals, issuance of a moratorium, and the adoption of new ordinances in July 2016; the Regulate and Ban Ordinance and the Amortization Ordinance. He addressed amendments made to the ordinance in April 2017 in terms of operational criteria, revocation proceedings, and a hardship extension process. He provided details of the types of hardship extension applications including affidavit, capped, and general applications. He addressed the status of hardship extension application reviews and reported staff was moving through the process as fast as it could, guided by the principles of firm and fair Code Enforcement, with the help of consultants and review by the Planning Division. He reported the number of complaints had dropped significantly and provided related statistics. Mr. Belmer addressed home sharing and presented examples of the criteria that would be set forth in the ordinance. Mayor Tait asked if there was a possibility of creating a vested right and Mr. Belmer indicated there was not as a permit would be required, and the City's ordinance would require them to register and would have an eighteen -month sunset as a pilot program. He stated staff was looking to present an ordinance to Council within the next 45 days. Mr. Belmer addressed additional public input and encouraged the public to contact the City at STRComments(d)-Anaheim.net. Additionally, he reported staff was constantly updating the City's STR webpage and encouraged residents to log on for specific STR information. DISCUSSION: Mayor Pro Tem Moreno stated it was hard to believe there had only been one permit revoked given the amount of reporting by the public. He confirmed the 558 calls for service were since the first Regulate and Ban Ordinance was adopted. Mr. Belmer reported staff was currently in the process of updating the system to quickly analyze and manipulate data. He added the amendment did not change the substantive provisions in the ordinance and it now allowed, with permits, operators to park one vehicle on the street. Council Member Faessel expressed concerns with going forward with a home share program and felt at least one community meeting regarding the subject would be appropriate. Mr. Belmer reported many residents preferred to community electronically but if Council would like a workshop, staff would be happy to do it. Council Member Faessel stated he wanted to ensure there was an opportunity for neighbors and STR owners/operators to weigh in on the subject. City Council Minutes of March 27, 2018 Page 18 of 37 Mayor Tait reported this could potentially be good for homeowners and neighbors, if it was done right. Council Member Vanderbilt asked regarding STRs in commercial areas and if there have been complaints, to which Mr. Belmer reported no complaints had been received. Council Member Murray stated she would like to review the housing stock the transition of STRs will provide, to include a certified provider to provide transitional and permanent supportive housing dispersing authority so that no one community was burdened more than another. She suggested considering allowing by right, a specific number of residents, the possibility of streamlining the CUP process, and hearing from people in active STRs. Mayor Tait commented on STRs and home sharing, noting they were two different topics and needed to be separate agenda items. At Mayor Pro Tem Moreno's request, Mr. Belmer displayed a map showing the location of STRs and noted they were largely concentrated around the resort area, but not exclusively. The ethic of the Working Groups goes to distribute across the entire City to house the homeless in transitional/permanent housing. Council Member Murray noted there was an unanimously -adopted plan approved by Council to look at a housing first policy and indicated it was not the only solution but should be considered as a component of the housing first policy. Mayor Tait reported staff does not know which items will be pulled from the Consent Calendar and, therefore, have to prepare to present all items. He thanked Interim City Manager Linda Andal and staff for their excellent work. MOTION: Council Member Faessel moved to receive and file an update on the enforcement and amortization of short-term rentals and a proposed new ordinance to allow "home sharing", seconded by Mayor Tait. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. 8. Approve the appointment of Lawrence Pasco to the position of Community Services AGR- Director, effective April 2, 2018, and approve and authorize the City Manager to execute 11048 the associated employment agreement. DISCUSSION: Council Member Faessel thanked outgoing Community Services Director Brent Dennis for his service and work in Planning for Parks, and congratulated Lawrence Pasco on his new position as Community Services Director. Community Services Director Larry Pasco thanked Council for its support and looked forward to a long working relationship with the City. Mayor Tait expressed congratulations from the entire Council and thanked Interim City Manager Linda Andal for making the excellent selection of Lawrence Pasco as the new Community Services Director. MOTION: Mayor Pro Tem Moreno moved to approve the appointment of Lawrence Pasco to the position of Community Services Director, effective April 2, 2018, and approve and authorize the City Manager to execute the associated employment agreement, seconded by Council Member City Council Minutes of March 27, 2018 Page 19 of 37 Murray. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. 10. Authorize the Fire Chief, or designee, to accept a donation, in the amount of $15,000, to D129 the Fire & Rescue Department, and amend the Fiscal Year 2017/18 budget revenues and expenditures in the Fire & Rescue Department budget by $15,000 to purchase safety equipment. DISCUSSION: Council Member Faessel reported last year Anaheim received a mutual aid request from Ventura County where Anaheim Fire Department sent a crew and saved a home in Montecito. The property owners donated $15,000 to the Anaheim Fire Department. Fire Chief Randy Bruegman recognized members of the crew, and reported the property owner watched on television the crew helping to save his home. Chief Bruegman thanked his crew for the outstanding work and representing the City so well. Mayor Tait expressed appreciation on behalf of Council and himself to the crew and the property owner. MOTION: Council Member Faessel moved to authorize the Fire Chief, or designee, to accept a donation, in the amount of $15,000, to the Fire & Rescue Department, and amend the Fiscal Year 2017/18 budget revenues and expenditures in the Fire & Rescue Department budget by $15,000 to purchase safety equipment, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. 25. Approve Professional Services Agreements with AODI Ontes Creative and Eusebio AGR- Productions LLC, each in an amount not to exceed $100,000, for as -needed marketing 9880.A consulting services to support the Community & Economic Development Department for a one-year term beginning January 1, 2018 with two one-year optional renewals, and AGR- authorize the City Manager, or designee, to execute and administer the agreements. 11054 DISCUSSION: Mayor Tait expressed concerns that many of the initial contracts were centered around the resort district and believed they should focus around the neighborhood corridors. He was assured the consultants will consider it. Community and Economic Development Director John Woodhead reported staff was embarking on trying to do more business retention and expansion throughout the City and was developing materials to market and highlight some of the City's districts. Council Member Barnes noted the need to review this item closely and reported staff continued to invest in consulting services to help Beach Boulevard to thrive and asked for clarification. Mr. Woodhead stated staff continued to focus on Beach Boulevard and addressed acquisition of property across from the Westgate site, which will give the City a lot of control at Beach and Lincoln. He reported the City was negotiating with the adjacent property owner and was looking at opportunities all along the corridor. Council Member Vanderbilt commented on a similar item considered at a previous Council meeting and stated he had asked that there be a concerted effort to ensure all sites/locations were addressed simultaneously with equal effort. He expressed concerns that some areas have been focused on and some have not. He asked that staff prioritize other areas that have not City Council Minutes of March 27, 2018 Page 20 of 37 been prioritized in the past and that the least of the funding go towards Center City, as they have achieved a lot. Mr. Woodhead reported staff was using the success in Center City to accomplish projects on Beach Boulevard. The consultant was working with the Beach Boulevard Coalition to develop a similar program to brand the entire Beach Boulevard corridor and staff was attempting to duplicate the Center City efforts elsewhere. MOTION: Mayor Tait moved to approve Professional Services Agreements with AODI Ontes Creative and Eusebio Productions LLC, each in an amount not to exceed $100,000, for as - needed marketing consulting services to support the Community & Economic Development Department for a one-year term beginning January 1, 2018 with two one-year optional renewals, and authorize the City Manager, or designee, to execute and administer the agreements, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. 26. Approve Professional Services Agreements with Beacon Economics, LLC; CSG Advisors, A123 Inc. and RSG, Inc., each in an amount not to exceed $100,000, for as needed financial and economic consulting services to support the Community & Economic Development Department for a one-year term beginning January 1, 2018 with two one-year optional renewal options and authorize the City Manager, or designee, to execute and administer the agreements. DISCUSSION: Mayor Pro Tem Moreno asked to continue this item indefinitely, noting Council has been waiting on a report from Beacon Economics, LLC, for over a year. He understood the report will be presented the first week of April, and he would like to review the report to assess the quality of the work before agreeing to another contract with them. Community and Economic Development Director John Woodhead reported there were three contracts in this item and asked whether Mayor Pro Tem Moreno wanted to continue just the Beacon Economics contract or the entire three. Mayor Pro Tem Moreno stated he would like to continue the entire item. Council Member Vanderbilt commented on efforts and initiatives currently in progress and expressed concerns with delaying the process and asked if there were any implications in continuing the item. Mr. Woodhead reported with respect to Beacon, the City has already paid for the delivery of a finalized report and it will be delivered. In terms of CSG Advisors, the City has used them to structure financings and there are no pending projects. The contract with RSG would be a new contract and there was nothing pending with them. In response to Council Member Kring's question as to whether the City was renewing the Beacon contract, Mr. Woodhead stated he was seeking to renew it, they were compiling a lot of data and he has asked them to present the data by districts. Staff received a first iteration of the report, provided comments, and received a second iteration for which comments will be provided. He hoped for a final version of the report in early April. MOTION: Mayor Pro Tem Moreno moved to continue the item, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members Moreno, Murray, Barnes, and Kring). NOES — 2: (Council Members Vanderbilt and Faessel). Motion carried. Item continued. City Council Minutes of March 27, 2018 Page 21 of 37 AGR- 27. Approve an agreement with Anaheim Family YMCA to provide aquatics programs at 11055 Pearson Park pool and Canyon High School pool and authorize the Community Services Director to take the necessary actions related to the agreement and to extend the term of the agreement beyond the initial three-year term for no more than two additional one-year terms, under the same terms and conditions. DISCUSSION: Council Member Vanderbilt referenced prior comments from Supervisor Spitzer where he highlighted a program regarding water safety and spoke about the possibility of using available funds for lesson and asked staff to pursue it in the future. Community Services Director Brent Dennis reported staff has talked to the Anaheim Family YMCA about jointly applying for some of those grants. Mayor Pro Tem Moreno reported last year, Council extended free public swim and noted the City has only one public swimming pool. He asked regarding the costs and why the City cannot have its only public swimming pool open nine months out of the year. Mr. Dennis reported last year, the agreement with the YMCA was to run the pool from mid-June through mid-August. The City was able to extend the service during weekend hours for public swim through Labor Day. This year, the agreement proposes to start early in June through Labor Day and would include all Sundays from 1:00 P.M. to 5:00 P.M. Mayor Pro Tem Moreno wondered why hours cannot be extended during weekends, starting April through October, and asked regarding the number of people who took advantage of the extended hours last year. Mr. Dennis reported there were a little over 1,300 people. He added the partnership with the YMCA relies on the availability of a lifeguard pool and many, who are college students, are available June through Labor Day. Staff is looking into working with high schools and their aquatics program to see about instituting a certification program for additional lifeguards and providing employment opportunities for area youth. Mayor Pro Tem Moreno noted the program pays for itself through fees. There would be additional costs for the YMCA to run extended free public swimming at $7,000 per month. Advancing from June through August, staff can review whether lifeguards would be available to extend the program beyond August. Council Member Kring commented positively on the item. She added that every third grader in the Magnolia School District is taught how to swim and reported the number of drownings in the City has decreased. Mr. Dennis referenced the Planning for Parks process and noted input from the community included the availability of additional swimming pools built in areas across the City as well as splash pads in City parks. As capital dollars become available, staff will look into the possibility of additional swimming pools in other areas of the City. Council Member Murray asked regarding the possibility of building a pool at Pearson Park. Community Services Director Dennis reported there was desire to study restoring the plunge at Pearson Park. MOTION: Council Member Kring moved to approve an agreement with Anaheim Family YMCA to provide aquatics programs at Pearson Park pool and Canyon High School pool and authorize the Community Services Director to take the necessary actions related to the agreement and to extend the term of the agreement beyond the initial three-year term for no more than two additional one-year terms, under the same terms and conditions, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. City Council Minutes of March 27, 2018 Page 22 of 37 31. Approve and authorize the City Attorney to execute an Attorney Services Agreement with AGR- the Law Firm of McKool Smith Hennigan P.C. on a contingency fee basis (30% of 11057 recovery) to collect unpaid transient occupancy tax from hotels and/or other responsible entities. DISCUSSION: Council Member Vanderbilt referenced comments with concerns that this item applied to STRs in terms of recovering tax dollars and reported he has learned that is not the case. Mayor Tait suggested allowing the City Attorney, if there as need to adjust the contract, to move forward as determined by the City Attorney's office and make that a part of the motion. Acting City Attorney Kristin Pelletier agreed Council could approve the item in substantial form and authorize the Acting City Attorney to make necessary changes. MOTION: Mayor Tait moved to approve and authorize the City Attorney to execute an Attorney Services Agreement with the Law Firm of McKool Smith Hennigan P.C. on a contingency fee basis (30% of recovery) to collect unpaid transient occupancy tax from hotels and/or other responsible entities, in substantial form and authorize the Acting City Attorney to make any changes necessary, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. 36. ORDINANCE NO. 6432 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending Chapters 18.04 (Single -Family Residential Zones); 18.06 (Multiple - Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zones); 18.14 (Public and Special -Purpose Zones); 18.16 (Regulatory Permits); 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); 18.30 (Downtown Mixed Use (DMU) Overlay Zone); 18.32 (Mixed Use (MU) Overlay Zone); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.42 (Parking and Loading); 18.60 (Procedures); 18.66 (Conditional Use Permits); 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1)); 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2)); 18.118 (Hotel Circle Specific Plan No. 93-1 (SP93-1)); and 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1)) of Title 18 (Zoning) of The Anaheim Municipal Code and finding and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15062(b)(3) because there is no possibility that this ordinance may have a significant effect on the environment (provide regulatory relief and allow streamlined review of certain low impact uses by establishing a new Minor "Express" Conditional Use Permit). Planning and Building Director David Belmer presented details of the staff report, noting this item was a continuation of the City's efforts for regulatory relief. He addressed allowing streamlined review of certain low impact uses through an Express Conditional Use Permit process and presented examples of low -impact businesses, including a Food City. He reported staff carefully considered allowing a restaurant to expand alcohol service onto a patio, by right. Staff found there have never been issues with restaurants that were expanding alcohol service onto a patio and was not proposing to change the requirement for a CUP in terms of live entertainment. DISCUSSION: Council Member Faessel spoke in favor of the City streamlining its processes and agreed with the suggestions regarding Food City. He stated he was very sensitive about taking away noticing to residents if alcohol was to be served in patios. He believed that went counter to City Council Minutes of March 27, 2018 Page 23 of 37 the City's transparency, wondered if permitting fees would be expanded to other types of businesses, and believed there should be a more level playing field. Mayor Tait stated the City should streamline everything it can but noted some do not need CUPs at all. He acknowledged Council Member Faessel's concerns but indicated it was worth trying and the City can always go back to the original process if it does not work. In response to Council Member Vanderbilt's question, Mr. Belmer clarified the staff report stating, if Council shared the Planning Commission's concerns about restaurants wanting to serve alcohol in a patio within 200 feet of the restaurant, it would allow Council to require a Minor CUP; currently, it requires a CUP. Council Member Vanderbilt expressed concern in cases where there was a property facing the exterior of a lot. Mr. Belmer noted the ordinance gives the Planning Director the ability to bump it to a Minor CUP in circumstances where there could be impacts. He added there was no need to require it, since it had not been a problem. Council Member Kring commented positively on the item, noting Downtown was becoming a resort area unto itself; there was a public notification process through the ABC alcohol -permit process, and she voiced her support. Council Member Barnes agreed with Council Member Faessel and felt the City should err on the side of caution. Council Member Faessel reiterated his concerns for the need to send notice to residents who may be impacted. Mr. Belmer was unsure if ABC would notice if a restaurant had an existing license serving alcohol inside and wanted to expand to a patio. Staff confirmed noticing for expansions was required as well. Mr. Belmer stated staff would need a process to provide notice, as staff follows processes and Code requirements. Notice would be provided if Council wished to require a Minor CUP for alcohol service in a patio; without that, staff would not provide it because it was not required by the Code. Council Member Faessel stated he would not support the motion. Mayor Tait asked for staffs recommendation and Mr. Belmer reported allowing the expansion of alcohol service to a patio, by right, was prudent, given the City's history. He added issues could be addressed through other Code Enforcement means. Mayor Tait felt streamlining processes such as this will promote Anaheim as the place to be. He added instituting more regulations would send the wrong message and if any issues developed, these could be handled on a case-by-case basis. Mayor Pro Tem Moreno agreed with Council Member Faessel and asked for clarification regarding noticing requirements. Mr. Belmer reported when noticing was required, notifications were sent to property owners within a 300 -foot radius of a project site for Minor CUPs. Mayor Pro Tem Moreno worried about property owners regularly calling for Code Enforcement because of increased noise. Mr. Belmer affirmed there have been no issues with outdoor dining near or adjacent to residential areas; disturbances were not related to the serving of alcohol in patios by restaurants. City Council Minutes of March 27, 2018 Page 24 of 37 Mayor Tait reported if he thought there would be a problem, he would not support the item. He spoke positively on reducing regulations and streamlining processes. Council Member Faessel stated he will not allow businesses to trump communities and noted neighbors take precedence over businesses and reiterated neighbors should be noticed. Mayor Pro Tem Moreno shared a case where neighbors constantly complain about noise and agreed with streamlining processes but expressed concerns with neighbor complaints. Mayor Tait observed that could happen with a full CUP as well. Once a project was approved, a business cannot become a nuisance to neighbors, as the City has nuisance laws and noise ordinances that must be complied with. Mr. Belmer recalled the case, noting it received excessive complaints from neighbors, but the calls were related to live entertainment occurring there. MOTION: Council Member Kring moved to introduce ORDINANCE NO. 6432 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapters 18.04 (Single -Family Residential Zones); 18.06 (Multiple -Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zones); 18.14 (Public and Special -Purpose Zones); 18.16 (Regulatory Permits); 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); 18.30 (Downtown Mixed Use (DMU) Overlay Zone); 18.32 (Mixed Use (MU) Overlay Zone); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.42 (Parking and Loading); 18.60 (Procedures); 18.66 (Conditional Use Permits); 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1)); 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2)); 18.118 (Hotel Circle Specific Plan No. 93-1 (SP93-1)); and 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1)) of Title 18 (Zoning) of The Anaheim Municipal Code and finding and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15062(b)(3) because there is no possibility that this ordinance may have a significant effect on the environment (provide regulatory relief and allow streamlined review of certain low impact uses by establishing a new Minor "Express" Conditional Use Permit), seconded by Mayor Tait. ROLL CALL VOTE: AYES — 4: (Mayor Tait and Council Members Murray, Kring, and Vanderbilt). NOES — 3: (Mayor Pro Tem Moreno and Council Members Barnes and Faessel.) Motion carried. Ordinance introduced. At 10:51 P.M., Mayor Tait consider the agenda out of order and announced the Public Hearing Item No. 45 would be heard at this juncture. PUBLIC HEARING: Pilo 45. This is a public hearing to consider the vacation/abandonment of portions of the public alley adjacent to 505 - 555 North Euclid Street and 536 North Fairhaven Street, east of Fairhaven Street, west of Euclid Street, north of Westmont Drive and south of Crescent Avenue. RESOLUTION NO. 2018-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating portions of excess street right of way adjacent to 505 - 555 North Euclid Street and 536 North Fairhaven Street (Abandonment No. ABA2017-00358). Approve two Quitclaim Deeds with Anaheim Place Partners, L.P, one conveying the City's right, title and interest in and to the affected portions of the alley to the property owner and City Council Minutes of March 27, 2018 Page 25 of 37 the second conveying the City's right, title and interest in and to the affected sewer line to the property owner. Public Works Director Rudy Emami presented the staff report addressing the site location, existing conditions, surrounding uses, and the request to abandon portions of the public alley in conjunction with a Tentative Parcel Map (2017-112) previously approved by the Planning Commission and subject to the abandonment approval. The applicant proposes to build a new bank building with a drive-thru and he reported, upon review, staff determined the remaining portions of the alley were unnecessary for present or future public street use, and the City will reserve an easement for emergency access to public utilities, but upon approval, will abandon the alley use. Mr. Emami explained should Council approve the item, the applicant will be required to execute and record a reciprocal access easement for the benefit of all parcels, particularly for the Fairhaven Heights Senior Apartments for access, ingress, and egress. He displayed photos of the existing use and the area dedicated on the Tentative Parcel Map. DISCUSSION: Council Member Kring expressed her support, noting she knows the property very well. Mayor Tait opened the public hearing. No public comments were received, and Mayor Tait closed the public hearing. MOTION: Council Member Kring moved to adopt RESOLUTION NO. 2018-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating portions of excess street right of way adjacent to 505 - 555 North Euclid Street and 536 North Fairhaven Street (Abandonment No. ABA2017-00358) and approve two Quitclaim Deeds with Anaheim Place Partners, L.P, one conveying the City's right, title and interest in and to the affected portions of the alley to the property owner and the second conveying the City's right, title and interest in and to the affected sewer line to the property owner, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. END OF CONSENT CALENDAR: Following the Public Hearing, Council continued with the remainder of the agenda. 38. RESOLUTION NO. 2018-037 A RESOLUTION OF THE CITY COUNCIL OF THE D114 CITY OF ANAHEIM rescinding City Council Policy No. 5.7 regarding permit parking. M142 ORDINANCE NO. 6433 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 14.32.450 of Chapter 14.32 (Parking and Stopping) of Title 14 (Traffic) of the Anaheim Municipal Code relating to preferential parking zones and permit parking, and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(C)(2), 15060(C)(3) and 15060(B)(3)of the State CEQA guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project, as defined in Section 15378 of the CEQA guidelines (establishing all residential streets in the City as permit parking eligible). City Council Minutes of March 27, 2018 Page 26 of 37 ORDINANCE NO. 6434 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 14.32 (Parking and Stopping) to add Section 14.32.206 (Parking Oversized Vehicles — Restricted); to amend Section 14.32.205 (Limitation on the Parking of Large Commercial Vehicles in the Residential Zones of the City); and, finding and determining that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(C)(2), 15060(C)(3) and 15061 (13)(3) of the State CEQA guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment because there is no possibility that it may have a significant effect on the environment and because it is not a project as defined in Section 15378 of the CEQA guidelines (prohibiting the parking of oversized vehicles on city streets). ORDINANCE NO. 6435 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 14.32.181 (Parking for certain purposes prohibited) of Chapter 14.32 (Parking and Stopping) of the Anaheim Municipal Code and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(C)(2), 15060(C)(3) and 15061 (13)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment because there is no possibility that it may have a significant effect on the environment and because it is not a project as defined in Section 15378 of the CEQA Guidelines (prohibiting the parking of cars advertised for sale on certain city streets). Approve the Residential Permit Parking Guidelines and determine that the actions are not subject to the California Environmental Quality Act pursuant to Section 15060(C)(2), 15060(C)(3) and 15061(6)(3) of the State of California Guidelines for Implementation of CEQA. Public Works Director Rudy Emami presented details of the draft residential parking guidelines and ordinances related to the parking permit update, noting the documents have been available for public review since previously received and filed. He stated that considerable public outreach was performed during the update of this program, which included two Council workshops and two town hall meetings over the last year. Staff communicated with traditional media such as OC Register, sent out press releases, posted on the City's website, and placed a slide and video on Anaheim's Channel 3. Social media was another way of communicating the message so information on the update was posted on Nextdoor, Facebook, Twitter, and Instagram. Mr. Emami explained more traditional grass roots stakeholder outreach to residents, property owners, and property managers was conducted to gain a more detailed understanding of the neighborhood concerns. Staff also collaborated with the Apartment Association of Orange County and the California Apartment Association, which represent a large percentage of multi- family units in Anaheim. In addition, two online surveys were distributed in Fall 2017 and in the past month, where together over 2,000 responses were received. The recent survey results showed support for the process, guidelines, and ordinances related to oversized vehicles and cars for sale with roughly 70% support in each category. 72% of respondents strongly supported/support some aspect of the proposed guidelines; • 70% of respondents agree the new policies would streamline the process; and • 75% of respondents support the measures prohibiting oversized vehicles and/or cars for sale on public streets to balance on -street parking demands City Council Minutes of March 27, 2018 Page 27 of 37 He continued that there were over 100 stakeholders in attendance at the recent March 13 Town Hall meeting. Shared concerns included: • $500 Fee to initiate the process • Desire to increase enforcement • Long process to obtain permit parking • Overcrowding, too many vehicles per household • Negative behaviors of those parking in neighborhoods • Support of Oversized Vehicle and Vehicles for Sale Changes From the collective feedback received and in addition to other changes previously presented before, staff was recommending: • Reduction of the $500 petition fee so that in no case shall it exceed $50 per household to address smaller petition areas • Refinement of proposed district boundaries resulting in a number of smaller districts • Incorporation of a temporary placard system, if deemed necessary, to facilitate the loading/unloading of oversized vehicles or the preparation of vehicles for travel or storage. • As part of the revised permit parking ordinance, the addition of a prohibition against moving solid waste containers in a manner that precludes collection of solid waste, obstructs driveways or other rights of way, or otherwise interferes with vehicular traffic in order to park on a street or portion thereof designated as permit parking only. • There is also the inclusion of a process for revocation for permit holders that have violated the Anaheim Municipal Code, the California Vehicle Code, or the California Penal Code or if the permit issued to a vehicle has received two (2) or more citations for violation of the permit parking ordinance within a continuous period of six (6) months. Mr. Emami explained the resident -driven nature of the district boundaries currently incentivized small zones. The new guidelines propose larger district boundaries based on the Circulation Element of the City's General Plan, which would be utilized for petitions in the future. The updated process also aligns with the 2016 Attorney General opinion to not distinguish among residents based on dwelling type. All residences, single and multi -family, would be a part of these larger districts. These larger districts would better balance supply and demand and use the major arterials and typical walking distances for district size consideration. The entire district area does not need the 75% support rate, only the particular street segments within the district that desire permit parking. It may start on a smaller scale and would grow into the larger district area. To decrease overall processing time for those in queue, if existing petitions are part of same district boundary, they will be processed together to reduce overall processing time. There are two supportive measures that staff is recommending to help maximize parking supply. One such measure is by restricting, with exceptions, parking of oversized vehicles. Typical parking spaces are 22 feet in length and when vehicles exceed this length, it impacts parking supply in neighborhoods. Over the past year, complaints regarding large and longer vehicles have increased with approximately 210 received through the Anaheim Anytime system. Even with existing codes in place, there are an increasing number of oversized vehicles on City streets that fall outside of what is enforceable and further reduce the number of available parking spaces and creates public safety concerns especially in residential neighborhoods. Mr. Emami explained this was similar to a majority of surrounding Orange County cities and would create additional parking supply for residents. The recommended ordinance change is defined to include several types of recreational vehicles and any vehicle that is longer than 22 feet in length, or 7 feet tall and 7 feet wide. It will also include a temporary placard system, if deemed necessary, to provide for exemptions during the active unloading and loading process. City Council Minutes of March 27, 2018 Page 28 of 37 The other supportive measure is the prohibition of cars parked "for -sale", on certain arterials, which have been a long standing area of concern for Anaheim. They occur on major thoroughfares such as Ball Road where there are current parking shortages. These vehicles, typically placed by unlicensed used car dealers, create line of sight issues, traffic congestion, visual blight, and reduce available public parking. Staff recommendation is to prohibit parking of these vehicles on and within 80 feet of certain categories of arterials as listed and as documented from on-going collaboration with the Department of Motor Vehicles. DISCUSSION: Mayor Tait thought Council had addressed the issue of vehicles for sale on public streets. Community Preservation Manager Sandra Sagert confirmed the City previously approved ordinances related to licensed used car dealers being able to operate in the City. In this case, staff was addressing unlicensed dealers and the DMV often tows the vehicles and arrests the dealers; simply citing the vehicles does not work. The ordinance allows the ability to tow vehicles from unlicensed dealers and does not affect private parties selling their cars on public streets. Council Member Kring stated the DMV allows vehicles to be parked for 72 hours on public streets. Ms. Sagert reported the Vehicle Code allows for vehicles parking on public streets for 72 hours, but this refers to unlicensed dealers parking vehicles for sale on arterial streets. Council Member Kring asked how they will be differentiated from each other and Ms. Sagert stated the ordinance will give the City "more teeth" to address unlicensed dealers versus registered owners living in neighborhoods. Council Member Kring referenced comments from a speaker who expressed concerns with not being able to park his seven -foot long work vehicle on the street. Ms. Sagert stated he would have an exemption, as the prohibited vehicles would be longer than 22 feet, or taller and wider than 7 feet. Council Member Kring reported receiving a letter from a resident who owns an RV and feels he should be able to park it in front of his home. Ms. Sagert reported the purpose of the ordinance was to address the vast number of complaints the City gets, which the City does not get in "normal" circumstances such as temporarily parking RVs to load and unload. However, the City has to be careful with traffic safety and line -of -sight issues. The City will have permits in place for temporary loading and unloading of large vehicles. Council Member Kring expressed her support for the item. Council Member Barnes reported she brought this item up as the result of the many complaints she received from residents in her district. She commended staff for agreeing on a course of action and for working closely with residents to ensure a fair and comprehensive ordinance. She added the process has been open and transparent and asked about placards. Ms. Sagert reported they would have no cost and would be available at City Hall for people needing to park their RVs to load and unload within 72 hours. If necessary, they could be included in the permitting system already in place for parking permits; there is an online system in place that could be used if necessary. Council Member Barnes asked how staff would resolve the problem of homeless people living in RVs. Ms. Sagert reported this particular ordinance was related to parking and noted Anaheim has been one of the few cities in the State that does not have an ordinance for large vehicles, so the City gets an influx of large vehicles parked on public streets from surrounding cities. Complaints related to homelessness and RVs are addressed by the City's outreach team and people are guided to where they may find needed services. She added there are RV parks in the City as well as RV storage facilities. Pending approval of this item, staff can use the City's website as part of its implementation process. In terms of dealing with trashcans on public streets, Mr. Emami reported there was language in the ordinance dealing with the prohibition of trashcans blocking cars and placed where they can be serviced. Council Member Vanderbilt wondered if staff could lengthen the distance where cars can park from arterial streets or limit the number of cars that can be congregated next to each other, spaced out at 80 feet. In terms of RVs, there is a provision in the ordinance that allows for City Council Minutes of March 27, 2018 Page 29 of 37 broken-down RVs to be excused and has heard, sometimes, RVs are made to look like they are broken, and expressed concerns they will be modified to appear they are not in service. Council Member Vanderbilt asked regarding stickers and asked how they would be revoked. Ms. Sagert stated stickers are visible but the information is in the City's system which will let staff know when permits have been revoked. Council Member Vanderbilt commented on the difficulty differentiating between revoked and valid stickers and asked about the possibility of color coding stickers. Mr. Emami noted challenges because permits are good for a two-year period. He reported staff has implemented license plate readers and a new software to manage the permit - parking system and, eventually, the process of validating stickers will be automated. Staff will continue to make refinements as the process moves along. Mr. Emami addressed the 80 -foot buffer area, noting many of the City's arterial streets have residential tracks with frontage roads running parallel to them. These areas could be potential locations for non -licensed dealers to park their cars, and staff instituted the 80 -foot buffer to be able to combine both sides of frontage roads. Council Member Faessel spoke about the amount of outreach done through this process and thanked staff for its efforts. It was noted staff received input from 2,000 or more community members in total, including responses to the survey, emails, and townhall meetings. Council Member Faessel asked about updates to the policy and Mr. Emami reported the process would depend on the issue and staff will need to bring back modifications to the ordinance. However, there was flexibility built into the good -neighbor policy and guidelines in order to deal with unique circumstances. In response to Council Member Faessel's question regarding who can obtain a permit, Mr. Emami reported a resident would need to live within the specific district, and the particular street would have to be part of the program to be eligible. Mayor Pro Tem Moreno expressed concerns regarding the fees involved and suggested reducing the petition fee to $250 and that it be a refundable deposit, rather than a fee, upon completion of the process. Mr. Emami reported staff discussed the matter and expressed concerns with how the fee would be collected and reimbursed. Mayor Pro Tem Moreno insisted this should be a deposit and residents should not be burdened because of a City decision. Additionally, he suggested the first 50 guest permits be offered at no charge. Mayor Pro Tem Moreno agreed with Council Member Barnes' comments regarding people living in RVs and stated he would like for staff to pursue the possibility of establishing an area for RV parking, overnight. In terms of community meetings, Mr. Emami reported they were optional for residents but if a project will impact the surrounding area, the City would insist on a community meeting where everyone was notified. Mayor Pro Tem Moreno suggested allowing petitioners to decide whether or not to hold a community meeting. He asked whether there will be a grace period during implementation. Ms. Sagert reported there will be several grace periods. Mayor Pro Tem Moreno addressed time restrictions and in response to his inquiry, Mr. Emami reported the City Code already allows for multiple options the community has and they are offered through the process and the biggest share of residents have opted for 24 hours. Council Member Kring reported the place for RV storage in the City is Anaheim RV Park on Midway Drive, off State College. Council Member Murray acknowledged the extensive level of community outreach and stakeholder input and thanked staff for its extraordinary effort. Mayor Tait called for a brief recess at 11:46 P.M. He reconvened the meeting at 11:50 P.M., with all Council Members present. City Council Minutes of March 27, 2018 Page 30 of 37 Council Member Murray reported receiving pictures from a resident showing the impacts of RV parking in his neighborhood, noted the importance of including constraints to allow residents to have a good quality of life, and stated she has received nothing but positive feedback in response to the item. She added relief is needed and Council will pivot or adjust, as needed, going forward. Mayor Tait thanked staff for its extensive work, felt the root cause of parking problems was overcrowding in apartments, and homes with families have multiple cars. He stated there are many costs to administer the program; the $500 fee does not come close to covering the City's costs, and it was important to have "skin in the game". It permit parking was needed in a neighborhood, residents will be willing to pay the modest amount for solutions. Additionally, if the fee were to be refunded, it would not be fair for residents that have paid the fee in the past. He commented on the possibility of driverless vehicles and services such as Uber reducing the need for cars in the future. MOTION: Council Member Faessel moved to adopt RESOLUTION NO. 2018-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM rescinding City Council Policy No. 5.7 regarding permit parking, introduce ORDINANCE NO. 6433 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 14.32.450 of Chapter 14.32 (Parking and Stopping) of Title 14 (Traffic) of the Anaheim Municipal Code relating to preferential parking zones and permit parking, and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(C)(2), 15060(C)(3) and 15060(B)(3)of the State CEQA guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project, as defined in Section 15378 of the CEQA guidelines (establishing all residential streets in the City as permit parking eligible), introduce ORDINANCE NO. 6434 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 14.32 (Parking and Stopping) to add Section 14.32.206 (Parking Oversized Vehicles — Restricted); to amend Section 14.32.205 (Limitation on the Parking of Large Commercial Vehicles in the Residential Zones of the City); and, finding and determining that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(C)(2), 15060(C)(3) and 15061 (13)(3) of the State CEQA guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment because there is no possibility that it may have a significant effect on the environment and because it is not a project as defined in Section 15378 of the CEQA guidelines (prohibiting the parking of oversized vehicles on city streets), and introduce ORDINANCE NO. 6435 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 14.32.181 (Parking for certain purposes prohibited) of Chapter 14.32 (Parking and Stopping) of the Anaheim Municipal Code and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(C)(2), 15060(C)(3) and 15061 (13)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment because there is no possibility that it may have a significant effect on the environment and because it is not a project as defined in Section 15378 of the CEQA Guidelines (prohibiting the parking of cars advertised for sale on certain city streets) and approve the Residential Permit Parking Guidelines and determine that the actions are not subject to the California Environmental Quality Act pursuant to Section 15060(C)(2), 15060(C)(3) and 15061 (13)(3) of the State of California Guidelines for Implementation of CEQA, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. City Council Minutes of March 27, 2018 Page 31 of 37 39. Receive and file the Mobile Source Air Pollution Reduction Control's Local Government D155 Partnership Program Presentation. Community and Economic Development Director John Woodhead reported the presentation was required of the City to be able to file an application for grant funds under the Local Government Partnership Program. He addressed the Mobile Source Air Pollution Reduction Review Committee (MSRC), significant air quality challenges in the region, the need for mandatory air pollution reductions, and the AQMD Roadmap for meeting the mandated clean air obligations. He reported the MSRC was partnering with the AQMD to implement high priority AQMP strategies. The purpose of the program is to reduce air pollution generated by mobile sources by employing zero and near -zero emission vehicles and their supporting infrastructure. The MSRC Program has already set aside a pro -rata funding amount of $461,060 for Anaheim (based on population). At the February 6, 2018 Council meeting, City Council approved Anaheim Public Utilities' request to the MSRC Program to claim $221,500 from the city's total allocation for public access vehicle chargers and city electric fleet vehicles. At the February 27, 2018 Council meeting, City Council approved the Community & Economic Development Department's request to leverage the remaining $239,560 of the city's $461,060 allocation for a sub -recipient agreement with the Anaheim Transportation Network for electric buses and Center City micro - transit. MOTION: Council Member Faessel moved to receive and file the Mobile Source Air Pollution Reduction Control's Local Government Partnership Program Presentation, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. 40. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY M142 OF ANAHEIM amending Section 11.08.040 (Display of Flags on the Anaheim Civic Center Flagpoles) of Chapter 11.08 (Conduct on Public Property) to give the City Council the authority to permit the display of commemorative flags on the flagpoles at City Hall. Deputy City Manager Greg Garcia presented the staff report, reporting that in June 2017, Mayor Pro Tem Moreno requested staff work with his office and members of the community on an amendment to the Anaheim Municipal Code that would allow other flags to be flown on the flagpoles at City Hall; the proposed ordinance is a culmination of those conversations. In 1998, the City Council of the City of Anaheim adopted an ordinance that pertains to the display of flags on the Anaheim Civic Center flagpoles. That code section limits the display of flags on any flagpoles located at City Hall and the Anaheim West Tower to the United States flag, the California flag, the City flag, and any other flag officially designated as a national symbol by an Act of Congress. If the proposed ordinance is approved, the City Council will have the authority to display other commemorative flags on the Civic Center flagpoles only after approving a resolution that directs such action as an expression of the official sentiment or position of the City of Anaheim and only for a limited time period set forth in that resolution. DISCUSSION: Mayor Pro Tem Moreno provided a brief background and reported this would allow Council the opportunity to approve the flying of a commemorative flag on the flagpoles in front of City Hall, for a specified period of time. The item was being considered at this time to allow for a resolution to be approved so that the Pride flag could be flown on Harvey Milk Day, May 22nd. He acknowledged Rusty Kennedy, Orange County Human Relations Commission, for his work on this matter. He spoke regarding increased violence and the need to send a message that Anaheim embraces, welcomes, and values people. The amendment would allow flying other commemorative flags, as Council proposed, and asked for Council's support to ensure everyone feels included. City Council Minutes of March 27, 2018 Page 32 of 37 Mayor Tait stated he admires Mayor Pro Tem Moreno's passion but believed the City could send the same message of acceptance, without changing the City's ordinance; adding there was wisdom in the existing ordinance. Council Member Vanderbilt referenced Item No. 35, addressing outdoor banners, and reported he has been working with staff on this issue as it may provide an opportunity for the City to celebrate many events the City sanctions. He acknowledged public comments on this matter and noted this was an important effort to pursue, the City should be vigilant against hate and intolerance, and hoped the City will continue moving in a direction of education and awareness, and possibly culminate in a City event that focuses on the LGBTQ Community. Council Member Faessel stated just because he will not support the proposed change does not mean he does not support commemorative flags. He hoped Council would be able to reach an acceptable compromise, as was done last year by hanging the flag from the building. Council Member Murray spoke of the importance of all community members feeling safe, honored, and included. She noted the rise in hate crimes and requested that staff and the LGBTQ community work together to develop effective programs, particularly with youth, and identify steps to move forward around celebrations occurring in May and beyond. She noted the importance of making sure people know that Anaheim will not tolerate hate and violence. Council Member Kring expressed her support of the LGBTQ community and reported the MIA/POW flag is flown across the street from City Hall at the Veterans monument. MOTION: Mayor Pro Tem Moreno moved to introduce ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 11.08.040 (Display of Flags on the Anaheim Civic Center Flagpoles) of Chapter 11.08 (Conduct on Public Property) to give the City Council the authority to permit the display of commemorative flags on the flagpoles at City Hall. The motion failed for lack of a second. DISCUSSION: Mayor Pro Tem Moreno expressed disappointment at the lack of support for his motion and stated Council Member Murray was willing to violate the City's own laws in flying the Pride flag. He reported the issue, for him, as about respecting how a community has chosen to engage and educate the world about its condition, through the Pride flag. He urged a second on his motion to allow Council to vote so the community could have a clear signal of what Council supported. He added the Pride flag means something, especially to the youth, and it was important that it be flown. Council Member Murray expressed concerns with Mayor Pro Tem Moreno's personal attacks and stated she does not agree with the proposed process and would not support it. Mayor Pro Tem Moreno stated this was an issue where they both agreed to work together and alleged Council Member Murray did not attend meetings as invited. Mayor Pro Tem Moreno indicated he was perplexed that her support for flying the Pride flag had changed. He added this was the only way to do so and suggested this was an election year that may play into certain actions. Council Member Murray noted this was not about her, Mayor Pro Tem Moreno, or the personalization of issues and suggested points be made on their merits. 0148 41. Consider renewing the City of Anaheim membership to the Association of California Cities Orange County for 2018 (continued from March 6, 2018, Item No. 16). City Council Minutes of March 27, 2018 Page 33 of 37 Deputy City Manager Greg Garcia reported that during the FY17/18 budget adoption in June 2017, staff was directed to not automatically renew the Association of California Cities Orange County (ACC -OC) annual dues. Therefore, staff was seeking direction from Council regarding ongoing membership in this organization. He further stated that at the Council meeting of February 27, 2018, Council Member Murray requested staff to bring back an item to provide an update on the City's membership with the ACC -OC so that Council Members could discuss the merits of the membership. DISCUSSION: Mayor Tait stated this matter was discussed when Mayor Pro Tem Moreno was absent and was not included in the budget. He wanted to give him the chance to provide his input. Mayor Pro Tem Moreno stated his reasons for asking that this item be postponed and expressed concerns about redundancy. He indicated he would rather wait until the membership fees were due to assess the City's multiple memberships in various organizations. Council Member Vanderbilt reported this matter was of interest to him because of the timing, and commented on a meeting with Judge Carter in the City of Santa Ana and his direction to work collaboratively with the Association, United Way, and private businessmen to develop a plan to bring comprehensive, permanent supportive housing throughout Orange County. There have been efforts to reach out to all the cities and the ACC -OC has many of those cities as its members. They have been having ongoing meetings about homelessness and hoped other, more -affluent cities will come forward and take their share of the burden. He suggested waiting six months, reported many member cities have approved membership in a permanent, supportive collaborative and suggested Anaheim could consider renewing its membership to the Association after other cities have become involved in the collaborative. Council Member Murray reported when the ACC -OC rolled out the initiative with United Way, she was in attendance, along with most member cities and the County. The Association has over 1,000 parcels identified, and concerns raised by most cities wer in response to large quantities of temporary, tent style housing and the fact they were not included in the planning process. She reported there are over ten cities that are committed to the collaborative. Council Member Murray invited Kelsey Brewer, ACC -OC Policy Manager, to the podium. Ms. Brewer confirmed they have identified 1,000 sites for permanent supportive housing and part of the backlash received from specific cities was because they did not feel it was a collaborative process. She reported they have called an emergency meeting of City Managers tomorrow to discuss how to respond to the short-term crisis. They will be calling on cities to identify SB -2 zones and find areas where there are contiguous cities that would allow the creation of a cautionary model through the ACC-OC's sponsor legislation, AB -346, and site locations for emergency shelters as they move towards long-term solutions. Council Member Vanderbilt referenced a press account that all 34 cities had signed onto the collaborative, yet Anaheim had not. He asked for clarification from the Interim City Manager. Interim City Manager Linda Andal reported she was unable to attend the last meeting and will not be able to attend the emergency meeting, but as non-members, the City is always invited to participate. Council Member Kring noted if Anaheim was not a member and therefore, was not at the table, it will have no input. She provided a brief history and reason for the formation of the ACC -OC and spoke in support of Anaheim renewing its membership. City Council Minutes of March 27, 2018 Page 34 of 37 Council Member Murray reported many member cities came forth with parcels before Anaheim ever did. The effort to move forward on the permanent, supportive housing component was being drafted now and that is why it was so important for Anaheim to be at the table, be a cooperative partner, and showcase its efforts toward fighting homelessness. Council Members Murray and Kring accepted Council Member Vanderbilt's amendment. Mayor Tait stated he would not support the motion as does not believe it is worth $50,000 a year to be a member of the ACC -OC. He reported they have advocated for things he opposes, and he has not observed any substantial benefit to the City. He believed the money would be better spent elsewhere. Mayor Pro Tem Moreno expressed concern there were affiliate members of the ACC -OC that have huge business interests in many of the member cities. He hoped the ACC -OC would diversify its affiliate members to include non -profits or others having counter viewpoints to big business interests. That also holds true for the League of California Cities and Anaheim has already paid for this year. He agreed the money could be better used elsewhere and stated he would not support the motion. He would like to further pursue how the City's own ordinance on the Sunshine Lobbyist Registry might be in conflict with the associations in which the City takes part. Council Member Vanderbilt stated he sees benefits for cities but noted Anaheim's needs were much greater and needed other cities to come together. Council Member Murray stated all of the cities involved in recent discussions at the ACC -OC were supportive of finding long-term solutions. Mayor Tait reiterated he believed the money would be better spent elsewhere. Council Member Moreno agreed with Council Member Vanderbilt's amendment. MOTION: Council Member Murray moved to renew the City of Anaheim membership to the Association of California Cities Orange County for 2018, amended with the understanding this matter will return to Council in six months, and Anaheim will ask the ACCOC to produce ten letters or resolutions from other cities that have signed on to the permanent supportive housing initiative, to determine whether Anaheim will join the ACCOC, next year, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 4: (Council Members Murray, Kring, Vanderbilt, and Faessel). NOES — 3: (Mayor Tait and Council Members Moreno and Barnes). Motion carried. 42. Consider appointments to the Sister City Commission to fill unscheduled vacancies with B105 terms ending June 30, 2018 and June 30, 2019; and scheduled vacancies with terms ending June 30, 2020 (continued from Council meeting of March 6, 2018, Item No. 17). Appointment: Barbara Gerovac (term ending June 30, 2018) (unscheduled vacancy of Matthew Hicks) Council Member Kring nominated Barbara Gerovac. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. City Council Minutes of March 27, 2018 Page 35 of 37 Appointment: Larry Larsen (term ending June 30, 2019) (unscheduled vacancy of Julia Erdkamp) Mayor Pro Tem Moreno nominated Larry Larsen. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSTAIN — 2: (Council Members Murray and Kring). Motion carried. Appointment: Dr. Brigitte Rodgers (term ending June 30, 2019) (unscheduled vacancy of Yanni Guo) Council Member Kring nominated Dr. Brigitte Rodgers. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. Appointment: James Dinwiddie II (term ending June 30, 2020) (vacancy of Pepe Avila) Council Member Vanderbilt nominated James Dinwiddie II. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. Appointment: Kevin Barrot (term ending June 30, 2020) (vacancy of Deborah Juliani) Council Member Faessel nominated Kevin Barrot. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. Appointment: Elizabeth Jabaz (term ending June 30, 2020) (vacancy of Mark Lopez) Mayor Pro Tem Moreno nominated Elizabeth Jabaz. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. Appointment: Eric Bullard (term ending June 30, 2020) (vacancy of Jeanne Tran) Council Member Vanderbilt nominated Eric Bullard. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. 43. Consider an appointment to the Parks and Recreation Commission to fill an unscheduled B105 vacancy with term ending December 31, 2018. At -Large Appointment: Patty Gaby (term ending December 31, 2018) (unscheduled vacancy of Alfonso Rodriguez) B105 City Council Minutes of March 27, 2018 Page 36 of 37 Mayor Tait nominated Patty Gaby. ROLL CALL VOTE: AYES — 4: (Mayor Tait and Council Members Moreno, Vanderbilt, and Barnes). NOES — 0. ABSTAIN — 3: (Council Members Murray, Kring, and Faessel). Motion carried. Council Member Kring nominated James Levy. ROLL CALL VOTE: AYES — 1: (Council Member Kring). NOES — 0. ABSTAIN — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes and Faessel.) Motion failed. Council Member Faessel nominated Andrea Manes. ROLL CALL VOTE: AYES — 2: (Council Members Murray and Faessel). NOES — 0. ABSTAIN — 5: (Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, and Kring). Motion failed. 44. Consider an appointment to the Youth Commission to fill an unscheduled vacancy with term ending June 30, 2018. Mayoral Appointment: Leah Nicolas (term ending June 30, 2018) (unscheduled vacancy of Isabel Hernandez) Mayor Tait appointed Leah Nicolas. REPORT ON CLOSED SESSION ACTIONS: Acting City Attorney Kristin Pelletier reported relative to Closed Session Item Nos. 1 and 2, Council approval was given to initiate legal action. The actions, defendants, and other particulars of the cases, once formally commenced, will be disclosed to any person upon inquiry unless to do so would jeopardize the City's ability to effectuate service of process on one or more unserved parties. COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Murray reported she hosted, as chairwoman, the Orange County Council of Government's General Assembly last week, a day -long event focused on infrastructure, energy, water, emphasis on transportation, and county efforts on solving homelessness, where Anaheim was showcased as a model; thanked City leadership and staff for the efforts on the recent storm activity; announced the ACLU made corrections to its report and requested it be posted on the website with an acknowledgement that corrections were made voluntarily by ACLU and any communications by them; and thanked CityNet, Drug Free Anaheim, and Lighthouse for their homeless efforts and congratulated Illumination Foundation for raising $1 million at their gala to support homeless families. Council Member Kring reported the City paid for her hotel room and flight to attend a conference in Sacramento and wished everyone a Happy Easter. Mayor Pro Tem Moreno thanked the Anaheim Hills Education Foundation for a ribbon -cutting ceremony for a new STEAM lab at Running Springs Elementary and St. Boniface Catholic Church for hosting a housing forum where residents expressed concerns regarding rising rents and acknowledged OCCO, Los Amigos, Public Law Center, Fair Housing Foundation, Public Utilities Department, Code Enforcement, and the Kennedy Commission for their participation. He congratulated Jackie Rodarte for her selection as a "Woman of Distinction" by 46th District Congressman Lou Correa, along with Carol Latham, CROWN, and his wife, Lorena. He further congratulated Mr. Fabela and Mr. Pasco for their appointments and thanked Acting City Attorney City Council Minutes of March 27, 2018 Page 37 of 37 Kristin Pelletier for her work over the past two years. He shared that he attended a citizenship class at the public library where he showed his citizenship certificate and announced that he would celebrate 18 years of being a U.S. citizen on March 29th. Council Member Barnes thanked Brent Dennis for his spirit and impact on the City; announced an art contest to wrap fencing around the Beach/Lincoln development project, thanked Zelman Development for providing the cash prizes, and announced residents can vote on the City's website for the finalists, noting the contest may be replicated across the city and thanking the young artists for participating; and encouraged senior residents to contact the Senior Commission to share ideas for programs and activities. Council Member Vanderbilt noted Susan Faessel and Dr. Patricia Adelekan were also selected as "Women of Distinction" and requested a discussion item regarding agenda setting to allow council members and the mayor to add an agenda item at least eight days prior to a Council meeting whether by request at a previous meeting or through the City Manager's office to allow more flexibility. Council Member Faessel reported his attendance at a District 5 Public Utilities Spring Greening event at Northgate Market and acknowledged staff for going above and beyond by helping an elderly woman involved in a car accident; announced he toured the Salvation Army facility on Lewis Street where they serve 177 beneficiaries; stated he officiated at the 17th year of the Anaheim Elementary School District's third grade art history event by providing financial awards and documents in memory of his mother; recognized his wife for her award; thanked Joe Perez for a tour of the Ponderosa and Miraloma Family Resource Centers and requested exploration of expanding such facilities throughout the city; and wished everyone a Happy Easter. Council Member Kring thanked Brent Dennis, wished Larry Pasco the best, and thanked Kristin Pelletier for her service. Council Member Murray expressed her gratitude and appreciation to Kristin, Brent, and Larry; recognized the Women of Distinction honorees; and announced 68th District Assemblyman Steven Choi selected her senior policy aide, Arriana Barrios, as the district's woman of the year along with acknowledging Bear Pit as the small business of the year, and Cindy and Travis Torres for their community and military support and thanked Assemblyman Choi for the recognitions. Mayor Tait congratulated Council Member Barnes for being selected as a 2018 Distinguished Woman by Assemblywoman Sharon Quirk -Silva and Senator Josh Newman, thanked Brent Dennis and wished him well in Tucson, and acknowledged and thanked Kristin Pelletier for serving as Acting City Attorney. ADJOURNMENT: With no further business before the City Council and without objection, Mayor Tait adjourned the meeting of March 27, 2018 at 1:28 A.M. on March 28, 2018. Respe bmitted, Theresa Bas , CMC Assistant City Clerk