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08/28/2018ANAHEIM CIN COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF AUGUST 28, 2018 The regular meeting of August 28, 2018 was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned meeting of August 28, 2018 was called to order at 4:05 P.M. in the City Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on August 24, 2018. PRESENT: Mayor Tom Tait and Council Members: Jose F. Moreno, Kris Murray, James Vanderbilt, Denise Barnes, Lucille Kring, and Stephen Faessel. STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk Linda Andal ADDITIONSIDELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 4:05 P.M., Mayor Tait recessed to Closed Session for consideration of the following item: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Orange County Catholic Worker, et al., v. Orange County, et al., USDC Court Case No. 18 CV -00155 -DOC (KESx) At 5:20 P.M., Mayor Tait reconvened the Anaheim City Council INVOCATION: Pastor Angelo Boncore, Saddleback Church FLAG SALUTE: Council Member Lucille Kring PRESENTATIONS: Recognizing Acaciawood College Preparatory Academy students who participated in National History Day — California 2018 Mayor Tait recognized Acaciawood College Preparatory Academy students who participated in National History Day — California 2018 and introduced John Pester who spoke about the program and announced this year's winners. Recognizing Anaheim's VolunTEENS for their volunteer service Mayor Tait recognized Anaheim VolunTEENS for their volunteer service to the City and presented each with a certificate of recognition in appreciation for their service. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming September 8, 2018, as International Literacy Day Audrey Lujan, City Librarian, accepted a proclamation proclaiming September 8, 2018 as International Literacy Day and shared the story of a young man who could not read and successfully participated in the program. City Council Minutes of August 28, 2018 Page 2 of 22 Proclaiming September 2018, as Childhood Cancer Awareness Month Recognizing the National Association of State Approving Agencies ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items, except public hearing): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk Linda Andal. Cecil Jordan Corkern, Outreach Homeless Ministries, referenced his Bible magazine, spoke about Disney, and offered his prayers. R. Joshua Collins, Homeless Advocates for Christ, expressed concerns for the homeless. He referenced a recent sleep -in protest in support of the homeless at City Hall, advising the Anaheim Police Department directed him to leave and asked Council how he could legally protest in Anaheim. Tim Schindler referenced Item No. 17 and thanked his neighbors for their opposition to the OCNEP. Peter Warner reported problems with Mercy House, expressed concerns with unsafe bus drivers, and encouraged Council to address the issue. Paul Hyek agreed with Mr. Warner's comments, addressed licensing requirements, and expressed concerns regarding conditions at the Bridges at Kraemer. Al Jabbar, Anaheim Union High School District (AUHSD) Trustee, thanked the City for partnering with the school district with safe -and -sane fireworks and expressed the importance of the program related to fundraising for local schools. He offered to provide resources to the community to educate them on illegal fireworks and asked that Council oppose banning safe -and - sane fireworks. Anne Marie Randle-Trejo, Governing Board Member, AUHSD Area 2, spoke in opposition to banning the sale of safe -and -sane fireworks, highlighting the revenue received during the last two years for local student programs. She acknowledged Fire Chief Bruegman's frustrations with illegal fireworks and offered suggestions that she urged Council to consider before deciding on this matter. Jeremy Keith, Anaheim Firefighters Association, Local 2899, spoke in support of Item No. 09, noting it would increase transparency in the EMS system and better serve the citizens of Anaheim. He urged Council to approve the item, adding that the new revenue could be used for additional staffing and helping ensure the safety of the public, indicating call volume had increased and the Department was doing more work with fewer people. Robert Williams spoke in opposition to Item No. 09, referencing lawsuits, court cases, and the lack of an RFP for 20 years. He stated the City should allow the new Fire Chief to handle the matter and, in the interim, work with a rotational basis of EMS services licensed in the City. Mike Hadley referenced a complaint he filed against the Anaheim Police Department related to an assault against his daughter and requested Council read evidence documented in his files. He presented the documents to Council and asked that his case be given to Federal investigators. City Council Minutes of August 28, 2018 Page 3 of 22 Breysi Garcia, Anaheim High School Band Director, spoke in favor of keeping safe -and -sane fireworks, noting it helps local students. He addressed challenges with fundraising and stated in order to maintain programs, the School District had to maintain its sources of funding. He urged Council to keep the City's fireworks program. Cynthia Nava thanked the Mayor for acknowledging the drum corps, commented on her involvement with several booster clubs, and urged Council to continue the safe -and -sane fireworks program. William Fitzgerald, Home Owners Maintaining Our Environment, reported the Disney Corporation cancelled two tax agreements with Anaheim while facing pending Federal criminal charges. He addressed the November elections and offered his opinions about candidates and campaign funds from Disney. Teresa Cramer, representing the Katella High School Royal Regiment, spoke about the importance of the sale of safe -and -sane fireworks for local student programs and reported the issue was in response to complaints. Dean Quiroz stated he owns an RV and has been cited multiple times. He shared his auto accident and that his income has been reduced and asked the City to be compassionate and sympathetic with his situation as he is attempting to sell his RV. Kenneth Batiste commented on the recent death of Senator John McCain. He provided comments about the election related to Council and Disney and added residents needed to stand up and take control of their City. He voiced his support for the sale of safe -and -sane fireworks as it raises needed funds for local schools and non -profits. Regarding the homeless and seniors, he noted they need access to, affordable housing. Tamara Jimenez thanked Council and the Police and Fire Departments for their hard work, Council Member Murray for leading the fight against the OCNEP, and Mayor Pro Tem Moreno for his assessment of the program. She shared an incident that occurred related to Mr. Collins' sleep -in at City Hall and urged Council to clarify the exact guidelines relative to individuals exercising their civil rights without violating City codes or laws. Victoria Michaels commended Mayor Tait, Mayor Pro Tem Moreno, and Council Member Vanderbilt for donating Angel's tickets to seven boys and girls and presented a signed "thank you" card and picture. She referenced Item No. 19, disagreed that prohibiting the sale of safe - and -sane fireworks would stop the use of all fireworks, and commented on the fees paid by non- profits for the right to raise funds for their organizations. She urged Council not to prohibit the sale of safe -and -sane fireworks. Jennifer Lynch urged Council to uphold a moratorium on the OCNEP, noting there were still too many unanswered questions. She referenced a recent meeting where representatives of the OCNEP declared they were open to other locations but needed help identifying them. She asked Council to proceed with the moratorium as La Palma Park was not an appropriate location. Kim Holguin, business owner, expressed concerns with the homeless loitering near her business, adding she spends an hour a day cleaning up feces, needles, and other debris. Heather Porretta thanked Council Member Faessel for answering her emails and thanked Council Members Barnes and Vanderbilt for their work regarding Maxwell Park. She reported there has been increased enforcement at Maxwell Park, questioned neglect at other parks, and opined the City needs more affordable housing. She thanked Council Member Murray and Mayor Pro Tem Moreno for opposing the OCNEP and also spoke on the City's proposed ban of safe -and -sane City Council Minutes of August 28, 2018 Page 4 of 22 fireworks, noting it would hurt non -profits and schools wanting to raise funds for their programs and would not do anything to prevent use of illegal fireworks. She believed the voters should have a say in the matter. Steven Linan, Loara High School Band President, spoke in support of maintaining the sale of safe -and -sane fireworks as a means for non -profits and schools to raise funds for their programs and noted banning sales would not solve the problem of illegal fireworks. Samuel Baek, Disney cast member, commented on his experience working for Disney, expressed concern with the low wages paid by the organization, and believed Disney should take better care of its employees. Adrian Lopez, Disney cast member, expressed concern with Disney's living -wage for its employees. John Sharpe, HWPL volunteer, commented on the organization and announced an upcoming summit at the Anaheim Convention Center on September 12, 2018, between 5:00 P.M. and 9:00 P.M. for the purpose of bringing together political and religious leaders throughout Orange County and Los Angeles County to discuss ways of advancing peace education at the local level. He urged Council to attend the event. Wes Jones spoke in support of the sale of safe -and -sane fireworks and suggested continuing the program. He addressed subsidies to Disney and suggested the living -wage initiative include all Disney workers and for the City to then consider removal of the subsidies. Ana Maria Rodriguez (translation: Spanish), Disney cast member, shared her story, income, and hours worked as a Disney employee. She believed Disney employees deserve a living wage with or without City subsidies. Patricia Ocampo, small business owner, spoke in support of giving Disney workers a living wage. Leonel Hortua (translation: Spanish) spoke in support of a living wage for Disney employees. He urged Council help them to ensure Disney paid a salary workers deserve. Julieta Briceno, Disney cast member, spoke in support of a living wage for Disney employees and asked Council to help workers make what they deserve. Thomas Kearney, Savanna High School Football Boosters, spoke in support of the sale of safe - and -sane fireworks for non-profit and local school programs. Maria Ortiz (translation: Spanish) thanked Council for listening to the people and spoke in support of a living -wage for Disney employees. "The Cameraman" referenced a meeting held on August 22, 2018 with Council Member Murray on Medical Center Drive to address the City's homeless population and RV parking issues and questioned the noticing of the meeting to residents. He spoke about fireworks and noted a ban would hurt non -profits and local schools who use the sale as fundraising for programs. He suggested the issue could be solved by investing more money into enforcement. Lonny Myers commended Mayor Tait and referenced a recent article reporting on the Mayor saving the life of a resident. He referenced Item No. 14 and opined acknowledging Muslim Heritage Month violated the City's policies against promoting religious organizations and felt Council should be consistent in its policies. City Council Minutes of August 28, 2018 Page 5 of 22 Martin Lopez referenced Item No. 20 and reported with or without subsidies, Disney employees still made low wages. He believed Disney should pay a living wage to their workers, urged Council to support workers, and spoke in opposition to banning the sale of safe -and -sane fireworks. Bob Donelson spoke in support of the living -wage initiative. He spoke in opposition to banning the sale of safe -and -sane fireworks and expressed concerns about the fees the City charges for permits to sell them. He suggested removing the fee requirements for non -profits to obtain a permit, suggesting the City should not be making money from their efforts. He hoped Council would adjourn the meeting in honor of Senator John McCain. Izzy spoke in opposition to banning the sale of safe -and -sane fireworks, noting the revenues earned help support many local school programs. He invited Council to visit local high schools to observe the benefits to programs including sports and music groups. Lou Noble quoted from the Bible about the need to help the poor and needy. He indicated the Police continued harassing the homeless and urged Council to do more to help them. Carlotta Rhea Clark urged Council to keep the sale of safe -and -sane fireworks to help local groups raise funds for programs. She referenced the homeless container housing planned for Santa Ana and Lemon Street and reported calling the developer who referred her to the City to find out information about who would be housed there. She expressed concerns with public safety and impacts to the Packing District. City Clerk Linda Andal reported John Woodhead or Grace Stepter could provide information and there was community outreach planned to discuss the project. Mayor Pro Tem Moreno explained the project was planned to house homeless veterans. He announced an upcoming community forum at the Downtown Community Center at 6:00 P.M. on Thursday and next Wednesday. Duane Roberts, Candidate for Anaheim City Council, District 2, commended Deputy Police Chief Julian Harvey for his presentation regarding homelessness, parks, and crime as well as comments made at a recent community meeting at the Magnolia Baptist Church. He commented on the termination of Disney's agreements with the City relative to hotel subsidies and a gate tax in attempt to avoid paying a City -mandated living wage. He suggested residents put a measure on the 2020 ballot to make the entire Anaheim Resort a living -wage zone. Jeff LaTourneau, Democratic Club of Orange County, noted the three issues of importance: fireworks, needle -exchange, and living wages. He believed all were being presented for political gain and spoke in opposition to banning the sale of safe -and -sane fireworks. Regarding OCNEP, he commented on the national opioid crisis and agreed the moratorium as appropriate. He also offered his thoughts about Disney's return of the subsidies. David Duran alleged negligence by the Board of Supervisors regarding homelessness and stated more needed to be done. He questioned if the subsidies given to Disney could have been used in a better way. He urged Council to act judiciously on behalf of the City's residents, continue the sale of safe -and -sane fireworks, and support a living wage. Richard Ward presented suggestions for healing the relationship between the City of Anaheim and Disney and commented on Disney's intention to end subsidy agreements with the City. He addressed the initial agreement, commented on the proposed change in location of a hotel, and details of the agreement. City Council Minutes of August 28, 2018 Page 6 of 22 Cynthia Ward commended Mayor Tait for his work and commented on the narrative that Anaheim benefits from Disney's additional success. She outlined her evaluation of the city and Disney financials and encouraged the city to ask Disney to take a step out of City elections for one cycle. She added the City needed to reset the bond payment to reflect the bond payment, instead of 100% of the taxes generated by Disney. Additionally, she suggested the need for a full audit of the 1996 agreement so that everyone understands the obligations and benefits they are receiving and responsible for. George Greyson referenced Item No. 19, addressed a brief history of the sale of safe -and -sane fireworks, distributed hand-outs of his comments to Council, and provided information about an application that would facilitate reporting of illegal fireworks activity. Stephanie Roberts spoke about Disney's attempt to avoid paying a living wage and reported that, over the last two years, Disney workers have been homeless and 2/3 of their employees are food insecure. Pat Davis addresses Item No. 04 and hoped it was not overstated. In terms of Item No. 15, she reported park harassment continued and addressed feeding people in parks. She referenced the OCNEP and opined that harm reduction works. She offered comments on fireworks, termination of the agreements with Disney (Item No. 20), and living wages. Bryan Kaye thanked Council Member Murray for the meeting held last Tuesday, commented on the volunteer work he did along the riverbed, and felt his efforts have been dismissed. A male speaker addressed Disney's decision to terminate City agreements and campaign contributions. He alleged the reason Disney wanted to terminate the agreements was to avoid paying a living wage to its employees. COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Faessel thanked the Water Division and Assistant General Manager Michael Moore for a recent tour of Anaheim water system for the management and board members of the Olivenhain Municipal Water District from San Diego County. Council Member Vanderbilt acknowledged staff for their efforts regarding the beginning of school for the Magnolia School District and Maxwell School, specifically with safety issues, and indicated the school district was pleased. Council Member Barnes thanked staff for working so hard knowing schools started this week, as well as Council Member Vanderbilt for his presence. Mayor Pro Tem Moreno requested to adjourn the meeting in honor of Hannah Laffler, celebrating her 98th birthday. He asked staff to provide a report regarding the Dearden's property at La Palma and Euclid, to include what the property owners were contemplating, what the future might hold, and what the city might do to support economic development at that corner. Council Member Kring requested to adjourn the meeting in memory of Senator John McCain and sent prayers and thoughts to his family and friends. She thanked and recognized Police Officers Fleet and Thomas, who were called to a residence a few weeks ago and the resident sent an email praising the efforts of the officers as professional and caring. She thanked all for their efforts in cleaning up Maxwell Park and surrounding areas. City Council Minutes of August 28, 2018 Page 7 of 22 Council Member Murray reported she was in Sacramento last week, representing the City and ACC -OC, where she testified before the Local Government Committee in support of AB -448 OC Housing Finance Trust. She was pleased to report it passed out of committee, the Assembly, and the Senate and was awaiting the Governor's signature and expressed hope that it would be signed due to its bi-partisan support and collaboration to provide 2,700 permanent supportive housing units, capture additional state and federal resources and private contributions, to provide a sustainable solution to homelessness. She thanked and acknowledged the Police Department, City Manager's Office, and Community Services Department for their work regarding the return to schools and reported receiving a letter from the Maxwell Elementary School principal who commended the city. She also noted receiving resident compliments regarding the Beach Blvd. Specific Plan. She echoed Council Member Kring's request to adjourn in memory of Sen. John McCain, expressed her gratitude to the City Manager and staff for lowering flags over the weekend in honor of him, read a passage of his final letter to the country, and submitted a full -text copy for inclusion in the minutes. Mayor Tait spoke of Senator McCain's POW experience and agreed to adjourn the meeting in his honor, as an American hero. He thanked Council Member Murray for her testimony in Sacramento for a bill that will help create more affordable housing and congratulated all on the progress of that bill. He reported holding a meeting with all school district superintendents where they agreed to implement a 21 -day kindness challenge through Lady Gaga's Born This Way Foundation to start a habit of kindness across all 90,000 students in Anaheim. He informed all that it would run from September 1 through September 21, City Manager Chris Zapata had committed City Hall to also participate, thanked the Born This Way Foundation for leading the effort, and looked forward to reporting on September 21 st how it went. CITY MANAGER'S UPDATE: City Manager Chris Zapata stated he was still familiarizing himself with the city and had recently attended a mural unveiling at a church near Anaheim High School and Chief Cisneros's swearing-in ceremony. For the Kindness Challenge, he reported City Hall will participate, some items may become permanent programs, some programs will launch through social media, and there will be rewards for young people who exhibit acts of kindness. Regarding homelessness, he was informed that it was the top priority and he was pleased to work with the City Attorney and former Interim City Manager Linda Andal to hopefully do things in the near future to make community feel a lot better about where Anaheim is in this challenge. CONSENT CALENDAR: At 8:23 P.M., the City Council Consent Calendar was considered with Mayor Pro Tem Moreno pulling Item No. 04 and Council Member Vanderbilt pulling Item No. 09 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 Barnes ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. B105 1. Receive and file minutes of the Library Board meeting of July 9, 2018. City Council Minutes of August 28, 2018 Page 8 of 22 2. Approve recognitions recognizing National Preparedness Month (September 2018); D116 Anaheim students who participated in the Girls State and Boys State event; Flag Day Essay Contest Winners; Donald Yvaska, in memoriam, for his significant contributions to the City of Anaheim; and Welcoming Week (September 14 - 23, 2018). 3. Approve the Investment Portfolio Report for July 2018. D117 5. Approve and adopt the 2018 City of Anaheim Public Utilities Wildfire Mitigation Plan and D182 authorize the Public Utilities General Manager, or designee(s), to take the necessary or advisable actions to implement the Wildfire Mitigation Plan and prepare, execute, certify, deliver, upload, and update any and all documents, information, data, metrics, declarations or affidavits, certifications, notices, consents, disclosures, plans, reports, filings, and compliance submittals as needed. 6. Authorize the Purchasing Agent to issue a purchase order agreement, in an amount not to D180 exceed $348,000, for restroom renovations utilizing a cooperative purchasing agreement; authorize the Purchasing Agent to issue purchase order agreements to the lowest responsive bidders, in amounts not to exceed $200,000 each, for the mobile stage and aquatic vegetation removal; and amend the Community Services Department's Fiscal Year 2018/19 budget by $585,000 for athletic field turf renovations, the removal of aquatic vegetation at Wetlands Park, and the purchase of a new mobile stage. 7. Accept the bid from Great Scott Tree Service, Inc., in an amount not to exceed $347,179 D180 plus a 20% contingency, to provide as needed tree maintenance services for the western portion of the Anaheim Resort Maintenance District and the Anaheim Convention Center 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 #9167. 8. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a master agreement purchase order to Source Graphics, in the amount of D180 $491.96 plus applicable tax per month, for a 60 -month lease and service agreement of a Hewlett Packard XL 4000 wide format multi -function printer for the Public Works Department. 10. ORDINANCE NO. 6444 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Section 4.04.401 to Chapter 4.04 (Outdoor Advertising Signs and M142 Structures — General) of Title 4 (Business Regulation) of the Anaheim Municipal Code establishing the arena/stadium special sign district 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(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 [preserve the city's right to construct signage on portions of Honda Center and Angel Stadium of Anaheim properties, and two parcels located at the east side of Interstate 5 south of Katella Avenue pursuant to Senate Bill 31 (Padilla)]. D114 City Council Minutes of August 28, 2018 Page 9 of 22 11. Approve minutes of Council meeting of March 27, 2018. END OF CONSENT CALENDAR: 4. Approve the response to the Orange County Grand Jury report titled, "Where There's Will, There's A Way; Housing Orange County's Chronically Homeless" and direct the City 0144.6 Manager to execute a letter and forward the response to the Presiding Judge of the Orange County Court and the Orange County Grand Jury. DISCUSSION: Mayor Pro Tem Moreno reported he did not have a chance to meet with the new City Manager to discuss questions he had regarding the response to the Grand Jury report and requested the item be continued. Community Preservation Manager Sandra Sagert reported this was an urgent matter as the judge was requiring all cities to have their responses by the next day. Mayor Pro Tem Moreno stated the response lacked information about the County's actions regarding Operation HOME SAFE, commented on service -resistant homeless persons, and acknowledged extra burden to the Police Department. He added it was important to include the resources necessary that have not been expended. MOTION: Mayor Pro Tem Moreno moved to continue the item. The motion failed for a lack of a second. DISCUSSION: Council Member Barnes requested staffs presentation on the item. Ms. Sagert presented the staff report addressing the 2017-18 Grand Jury investigation of the state of permanent supportive housing within Orange County to determine if a sufficient quantity existed and to identify roadblocks to creating more. This was due to the reductions in costs and the significant improvements in mental and physical health reported among the chronically homeless placed in permanent supportive housing. There were eight findings and seven recommendations outlined in the report. The Grand Jury requires responses from each local government agency and she outlined each finding and recommendation for the City's response, noting those the City agreed with and highlighting those for which the City partially agreed or disagreed wholly or partially. DISCUSSION: Council Member Barnes agreed with the response letter and asked whether there was a timeframe for accomplishing the recommended actions. Ms. Sagert reported the only timeframe given was for the letter of response and there was no deadline on the possibility of a Joint Powers Authority. Council Member Barnes inquired how aggressive the City should be and City Manager Chris Zapata reported this will be an ongoing task and the JPA would be a task that would take some time. Council Member Barnes suggested separating the acute mental health community in order to address the most vulnerable in the community. In response, Mr. Zapata reported he would meet with the County Manager on Friday and would press for resources. Council Member Vanderbilt referenced the finding relative to NIMBYism (177) and suggested when referring to "the homeless" language should indicate "Anaheim's homeless". He believed there was reduction in NIMBYism when residents were called to help their own. City Council Minutes of August 28, 2018 Page 10 of 22 Mayor Tait agreed and asked that the suggestion be incorporated in the response letter. Council Member Barnes commented on the lack of staffing, noted two vacant positions, and asked for clarification. Ms. Sagert reported that referred to the County and a specific finding and recommendation required of the County. Council Member Barnes asked about Service Planning Area meetings for information sharing and the reference to elected officials attending. Ms. Sagert reported the meetings included the Interim City Manager, herself, and now the new City Manager. Mayor Pro Tem Moreno stated he would abstain and noted the need for an independent body, separate from the political leadership, which can use those funds specific to the needs of the City. He felt the topic should be addressed in the report; commented on inconsistent data, stated Council should consider economic factors impacting homelessness rather than focusing on addiction, and believed the report does not address those issues. Council Member Murray underscored this was a legal document and the City has parameters that it is required to respond to, specifically, and there are other venues where Council could engage in dialogue. She believed staff has been very factual and thorough in its response. MOTION: Council Member Kring moved to approve the response to the Orange County Grand Jury report titled, "Where There's Will, There's A Way; Housing Orange County's Chronically Homeless", as amended to read "Anaheim's homeless," and direct the City Manager to execute the letter and forward the response to the Presiding Judge of the Orange County Court and the Orange County Grand Jury, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. ABSTAIN —1: (Mayor Pro Tem Moreno). Motion carried. 9. Accept the recommendation to utilize a model for ambulance services that involves AGR- purchasing unit hours of ambulance service to provide transport from a private contractor, 4410.3 and contract billing to a separate vendor; implement Phase II of the agreement with AP Triton, LLC, in an amount not to exceed $105,000, to assist in the preparation of Requests for Proposals for EMS medical transport services and EMS billing services; approve the Third Amendment to Agreement with CARE Ambulance Services, Inc. extending the existing medical transport agreement to April 30, 2019; and authorize the Fire Chief, or designee, to take the necessary actions to implement the amendment. MOTION: Council Member Vanderbilt moved accept the recommendation to utilize a model for ambulance services that involves purchasing unit hours of ambulance service to provide transport from a private contractor, and contract billing to a separate vendor; implement Phase II of the agreement with AP Triton, LLC, in an amount not to exceed $105,000, to assist in the preparation of Requests for Proposals for EMS medical transport services and EMS billing services; approve the Third Amendment to Agreement with CARE Ambulance Services, Inc. extending the existing medical transport agreement to April 30, 2019; and authorize the Fire Chief, or designee, to take the necessary actions to implement the amendment, 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. . Mayor Tait considered the agenda out of order, addressing Item No. 20 prior to the remainder of the agenda. City Council Minutes of August 28, 2018 Page 11 of 22 20. Approve the termination of Operating Covenant Agreement and Agreement concerning Entertainment Tax Reimbursement with Walt Disney Parks and Resorts U.S., Inc. AGR - 11187 DISCUSSION: Mayor Tait noted this was a request by the Disney Resort to terminate the Operating Covenant Agreement and Agreement related to the Entertainment Tax Reimbursement. He addressed each agreement and reported meeting with the President of Disney last week. He commended Disney for cancelling the agreements, adding that it was a serious act of goodwill, on their part, towards the City of Anaheim. He agreed the agreements had been a source of dissention in the past few years and stated he would like to see a new level of cooperation between the City and Disney. Council Member Murray commented on a lack of clarity, based on some of the public comments, and reported there' has been a Master Services Agreement with the Disney Corporation covering 9,000 of their employees and the agreement has been negotiated and approved. She further stated that there were two unions left to negotiate and asked for a report to Council by the second meeting of October, that includes the City Attorney's legal analysis, the impacts of the program from the City Manager's perspective, where Anaheim fits in comparison to other California cities, and what employers would immediately be qualified, based on the City Attorney's review. Council Member Faessel agreed with Council Member Murray's comments and referenced the City's five-year budget forecast including the associated TOT revenue of the hotel that is not likely to be built. He believed the community will still receive the same services it has always had but, as the City grapples with increased pension liabilities, the City will need to tighten its belt. He hoped staff was aware of this, noted there was a robust City government, and felt the City should abide by Disney's request. Mayor Tait asked staff do an analysis of the five-year projection in the City's budget. Council Member Kring expressed disappointment that many construction and other jobs will be lost and addressed efforts by Disney to offer different jobs and an education plan to its employees. She referenced a comment regarding rebates being used for something else in the City and reported the money would be rebated back to the hotels when building to a four -diamond status. Mayor Pro Tem Moreno commented on his meeting with the President of Disney, expressed support for terminating the agreements for the long-term fiscal health of the City, and hoped other hotel developers might consider similar action. Additionally, he supported termination of the agreements in support of voters who voted for the TOT and. to restore relationships across the City.. He expressed satisfaction with the negotiated contracts and hoped. additional efforts to raise wages would continue. He hoped Disney and its workers would come together to an agreement. Council Member Barnes stated today was a victory for all Anaheim residents; noted she ran for office in opposition to hotel subsidies and urged moving forward for the prosperity of Anaheim residents, the Disney Resort, and all businesses. Council Member Kring noted unions that have been successful in negotiating with Disney and highlighted the educational benefits offered to Disney employees. Council Member Murray reported she listed facts relative to unions that have successfully negotiated with Disney and stated there were workers in attendance that were not aware they have been offered the same wages and benefits as other groups. D116 City Council Minutes of August 28, 2018 Page 12 of 22 Mayor Tait hoped Disney and its employees would be able to negotiate for everyone's benefit. Mayor Pro Tem Moreno stated he believed the funding was contributing to the discord and wished success for the Resort to provide success to all. He expressed appreciation to Disney's president and to the workers. Council Member Murray notedthe importance of the public receiving correct information and pointed out that agreements have been reached between Disney and various groups/unions. MOTION: Mayor Pro Tem Moreno moved to approve the termination of Operating Covenant Agreement and Agreement concerning Entertainment Tax Reimbursement with Walt Disney Parks and Resorts U.S., Inc., 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. 12. Consider and adopt a new city flag. Mayor Tait introduced the item, provided a short history of the matter, and thanked members of the sub -committee. Chief Communication Officer Mike Lyster presented details of the staff report, referenced a TED Talk about flags where Anaheim's flag was presented as an example of poor design, and noted pending Council's decision, the flag would represent the City for decades to come. He spoke of extensive outreach to the community including Anaheim residents, those who work in Anaheim, and those with connections to the City for design submissions. From March 19 to April 20, 113 submissions were received with submissions including everything from hand drawings to professional -quality digital designs. The Flag Subcommittee, consisting of Mayor Tait and Council Members Barnes and Faessel, met six times from June to July. The subcommittee reviewed all 113 submission and narrowed their focus to a group of 19, which resulted in the three finalists. Communication Specialist Erin Ryan presented details of the first submission including meanings of the colors and design, noting the red star represented the red star found on the California State flag, the white background represented clear skies, the orange stripe represented Anaheim's rich agriculture and citrus history, and the blue triangle represented the Santa Ana River, kindness, and the two stripes on the City's current flag. Communications Specialist Lauren Gold presented details of the second submission including colors and meanings, noting the dark blue background represented the Anaheim blue, the lighter blue stripe represented the Santa Ana River and kindness running though the City, and the oval of six stars represented the six City Council districts, as well as mirrored the stars on the U.S. and California flag. Mr. Lyster presented details of the third and final submission including colors and meanings, noting this submission paid homage to the Chicago and Washington D.C. flags. He stated the dark blue field at the bottom represented City's proud heritage, the brighter blue stripe in the middle represented the Santa Ana River and kindness, and the top six stars represented the six City Council districts, with their orange color representing Anaheim as Orange County's first city and its citrus legacy. DISCUSSION: Council Member Faessel thanked the Mayor for allowing him to participate in this project, reported there was a lot of work that went into this, and thanked staff for their efforts. City Council Minutes of August 28, 2018 Page 13 of 22 Council Member Vanderbilt commented on an art contest put on by the school district where often they had to draw something in Anaheim's history and many chose to draw the current flag containing the complicated City seal. He felt students will be pleased the new flag is simpler in design. Mayor Tait stated his preference for Flag No. 2 and how the flag reflected the six districts and the fact the stars were in an oval representing one, the dark blue representing the City's deep history, and the light blue signifying the river and kindness running through the City. Council Member Kring stated she did not like any of the three examples, noting that nothing on the three designs specifically identified Anaheim. She listed examples of other city flags that identified their city and reported she would not support any of them. Council Member Barnes stated she thought it was a great idea from its inception and commented on the community who submitted ideas, with each submission showing time, effort, and creativity. Council Member Kring asked if all submittals were from young people and Mayor Tait reported there were submittals from people of various ages. Council Member Murray acknowledged the work that went into this project and expressed concern that the flags were broad in interpretation. She stated she does not see anything that would be uniquely Anaheim.in the three recommended flags. She indicated the City is made up of diverse cultures and a tourist destination and nothing in the examples identified the City. She referenced the TED Talk and felt their suggestions would be appropriate for a national flag, but not a city flag. She indicated she liked that the current flag with the Anaheim seal, did not see that as a drawback, and would have liked to have seen the seal or City name incorporated into the flag. Mayor Pro Tem Moreno expressed his support for a new flag design. MOTION: Mayor Tait moved to adopt Flag No. 2 as the new City flag, seconded by Council Member Barnes. 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. 13. Consider sending a letter to the California Legislature in support of efforts to reform California Environmental Quality Act specifically for the purposes of promoting and 0109 streamlining the development of housing (continued from Council meeting of August 14, 2018, Item No. 34). DISCUSSION: Council Member Murray noted her request to bring this forward was well explained in the staff report and commented on the need to address this issue to facilitate building affordable housing, noting CEQA has been used over and over again to stop infrastructure. She asked Council to consider and support the item. MOTION: Council Member Murray moved to approve sending a letter to the California Legislature in support of efforts to reform California Environmental Quality Act specifically for the purposes of promoting and streamlining the development of housing, 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 August 28, 2018 Page 14 of 22 14. RESOLUTION NO. 2018-121 A RESOLUTION OF THE CITY COUNCIL OF THE D114 CITY OF ANAHEIM amending City Council Policy 1.10 regarding the city's policy on recognitions and city proclamations (continued from Council meeting of July 17, 2018, Item No. 28 and August 14, 2018, Item No. 35). DISCUSSION: Council Member Murray noted the purpose in bringing the item forward was to establish a list of recurring annual recognitions that are traditionally honored by the City. Mayor Tait commented that the previous policy brought forth a number of items impacting staff time, which sometimes resulted in a number of recognitions not even being pick-up and asked if there was a way to prevent this from occurring. Deputy City Manager Greg Garcia reported once staff received direction to re -look at a master list of proclamations, staff paired down the list to major events and recognitions; the new list is significantly shorter than the previous list. Additionally, staff amended Policy 1.10 and proposed new language that allows for a master list to be developed and also protects City staff so if staff does not hear from any community group or entity within two weeks of an event, recognition month, or holiday, staff will not prepare a proclamation. Council Member Barnes referenced public comments regarding Muslim Heritage Month and asked about recognizing nationalities versus religious organizations. Mr. Garcia responded that Muslim Heritage Month has been a proclamation the City has made continuously over the past few years. He stated it is not a religious -based recognition but rather a culturally -based recognition. He added there are no definitions within the policy other than the excluded items. Council Member Kring noted there is Arab -American Heritage Month and wondered if it and Muslim Heritage Month are duplicative. Mr. Garcia stated they were not and added the list was pulled directly from what had been requested this year by Council Members. He stated staff could add language defining cultural recognitions. In response to Mayor Tait, Mr. Garcia reported staff would bring the master list to Council for adoption in December and adjustments could be made at that time. MOTION: Mayor Tait moved to adopt RESOLUTION NO. 2018-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending City Council Policy'1.10 regarding the city's policy on recognitions and city proclamations, 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. 15. Update on matters related to homelessness and the City of Anaheim's most recent efforts D116 (continued from Council meeting of August 14, 2018, Item No. 37). DISCUSSION: Mayor Tait expressed his pride in the way the City has responded to the needs of the homeless, referenced the lawsuit, and hoped it would be concluded soon as the current situation was not tenable. He added everyone's input was needed in this discussion, no one wants people sleeping on the streets, and the City was close to settling the lawsuit and will move quickly at getting shelter space. City Clerk Linda Andal provided updates on homeless items. She reported the City collaborated with the school superintendents, principals, and the County of Orange providing dedicated staff to walk in the parks daily for the last week and, together with CityNet, provided resources ,to individuals at Maxwell and other neighboring parks. She indicated staff made 353 contacts in one City Council Minutes of August 28, 2018 Page 15 of 22 week and the County of Orange has committed to work in partnership with the City to patrol City parks and streets. Regarding the Baymont Hotel, the contract expires this month and the County does not expect to have individuals on Anaheim streets. Individuals have been open to receiving the resources and shelter offered by the County and the hotel operator is committed to a seamless closure with no impact to City streets. Regarding shelters, staff understands impacts to the community and is working aggressively and responsibly to find shelter beds for those needing them. Simultaneously, the City is enforcing its code and enforcement is fully supported by the City Attorney's office. She noted the need to balance the needs of the community with preserving neighborhoods, parks, and City streets and thanked residents for their support. Additional updates are accessible through the City's website at www.Anaheim.net/homeless. Mayor Tait thanked staff and reiterated that things will start moving quickly. Mayor Pro Tem Moreno thanked staff and Code Enforcement and reported he was excited about what is coming in the future. He added that Illumination Foundation has estimated that if the City implements its plan, the issue should be resolved within a year. In the short-term, he asked the City Manager how the.City would create a greater presence in parks through the possibility of a park ranger program or working with non -profits. Council Member Barnes commended School Safety Working Groups and expressed excitement at the collaborative efforts made in this regard and that significant progress has been made. She reported on regular meetings and commented on the goal of ensuring student safety with regular dialogue and communications. There was a commitment by City staff to mobilize resources and have a high profile and security presence during the early days or weeks of the school year including patrol, traffic, and safe -school personnel providing officers at impacted schools as students arrive in the morning. The Community Services Department has committed park rangers to patrol Maxwell and Schweitzer Schools during key hours. Additionally, staff has committed park security to have more visibility within the parks during early morning,hours during the first few weeks of school. She claimed the community needs assurances that the City is committed to making positive strides on this matter. Council Member Barnes commented on what the City has accomplished and felt Council deserves an overwhelming applause for its efforts on this topic. She addressed specific efforts made and noted the need for other cities to follow in Anaheim's footsteps and thanked the various agencies working with the City to develop a solution. Council Member Faessel added these accomplishments have been possible with Council, the Anaheim Police Department, the City Manager's office, Code Enforcement, and the City Attorney working together and thanked staff and the various agencies that have helped in this regard. City Manager Chris Zapata agreed with Council comments and reported some of the communications staff as starting to receive revolved around the hotel area which will be receiving attention in addition to City parks and schools. The item was informational; no action was taken or required. B105 City Council Minutes of August 28, 2018 Page 16 of 22 16. Consider (re)appointments to the Youth Commission to serve a 10 -month term, ending June 30, 2019 (continued from Council meeting of August 14, 2018, Item No. 38). Youth Commission: At large (re) appointments: (three (3) appointments) (18-21 age bracket) (22-26 age bracket) (22-26 age bracket) Council Member Faessel reported the 22-26 age category has been difficult to fill and suggested the need to reevaluate the age categories. MOTION: Mayor Tait moved to continue this item to September 11, 2018, 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. 17. Receive and file report on the California Department of Health's purpose for authorizing the OC Needle Exchange Program in Anaheim. D116 DISCUSSION: In response to Mayor Tait's question, Council Member Murray suggested combining this item with Item No. 18, noting the moratorium was imperative as they plan to begin operating in September. Council Member Murray stated there was a lot of information in the report and expressed concern that no representative from OCNEP was present to answer questions despite having been invited to the meeting.. Council Member Murray asked staff to address statements by the program that city officials had selected the site for their program. Community Preservation Manager Sandra Sagert believed statements made at a recent community meeting were being misconstrued, no contact had been made with City staff regarding the location of the program, and she was not aware of any threats made to staff. In response to Council Member Murray's request, Ms. Sagert summarized the major points on the proposed operations. She reported there were changes to the hours of operation once the authorization came from the State and stated they would operate Mondays and Thursdays between 2:00 P.M. and 5:00 P.M. The authorization referenced Patt Street but the description of the location in the permit application indicated the area bound by the Riverside Freeway, North Anaheim Boulevard, East La Palma Avenue, and North Olive Street. She added there was nothing in State law nor on their application that restricted any age and they confirmed there was no age restriction during the community meeting. Council Member Murray added they do not perform any testing, no follow-up, and no proactive referral to services. She reported someone informed her you only have to give one needle back to receive a multiple number of needles and asked staff to confirm it. Ms. Sagert confirmed an individual only needed to return one needle to receive multiple needles, stating the State law was very broad. She stated OCNEP representatives claimed they would exchange one needle for City Council Minutes of August 28, 2018 Page 17 of 22 one plus twenty, up to 200, but a dirty needle was not needed to receive 20 clean needles. Additionally, they have to abide to specific record-keeping and have to provide, directly or through referrals, information about specific screenings. Council Member Murray listed challenges including that there was no oversight. Ms. Sagert noted everything was outlined in the staff report, commented on the research done, and reported she found there was no data that was able to link the increase of specific diseases to dirty needles and stated that was a concern. Additionally, she reported the EPA has a program assistance (Coalition for Safe Community Needle Disposal) that she has inquired about but has not yet received a response. Council Member Murray stated hearing from representatives of Drug Free Anaheim, Orange County Rehabilitative Collaborative, Recovery Collaborative, and Lighthouse who are working with members of the community and they are opposed to the OCNEP for its lack of oversight, structure, and effectiveness. She believed the moratorium was essential so the City can protect the community and look at alternatives and/or work through legal channels to prevent it from operating in the community. Council Member Faessel thanked staff for their work and dedication and reported the program does not address addiction, does not monitor the ability of people to get into treatment, and stated his intent to support the moratorium. Council Member Barnes read from the report, expressed concerns with the exchange process, thanked staff for bringing this forward, and agreed to support the moratorium. Council Member Vanderbilt'referenced statistics and commented on the number of needles found at the riverbed when it was cleared. He asked about the City's contractor, BrightView, who was responsible for cleaning parks and the possibility of having them report to the City statistics in terms of how many needles they find and which parks they were found in. Ms. Sagert reported City staff has needle containers on their vehicles and use them when they clean up the areas throughout the City. Mayor Pro Tem Moreno agreed with the need to develop a model, based on evidence, to address this matter in the long-term and commented on studies that have shown needle exchange programs are the most effective; they do not reduce addiction, but they reduce public health risks. He noted it was unfortunate OCNEP did not meet with anyone in the City prior to the City sending a letter of opposition. Brief discussion followed regarding modification to the hours of operation. Mayor Pro Tem Moreno addressed some of the data presented and, in response to his question, Ms. Sagert stated she was able to verify the reports referenced in their data. Mayor Pro Tem Moreno commented on concerns about the spread of hepatitis, expressed appreciation to Council Member Murray for bringing the item forward, and stated he would love to hear the City's plan regarding addressing the problem in the future. Council Member Murray thanked staff for the efficient and quick work on this item and noted the importance of getting the information out to the public. She asked that the information be included in the City's website so that the public may access it easily. MOTION: Mayor Tait moved to receive and file report on the California Department of Health's purpose for authorizing the OC Needle Exchange Program in Anaheim, 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 August 28, 2018 Page 18 of 22 18. ORDINANCE NO. 6445 (ADOPTION) AN URGENCY ORDINANCE OF THE CITY M142 OF ANAHEIM adopting an interim measure imposing a moratorium on the establishment of needle exchange programs within the City of Anaheim (a copy of the full text of the proposed ordinance is available for review in the Office of the City Clerk). Determine that this urgency ordinance imposing a moratorium on the establishment of needle exchange programs 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 it will have a significant effect on the environment, and it is not a "project", as defined in Section 15378 of the State CEQA Guidelines. City Attorney Fabela presented the staff report and addressed the impetus for the item. Once the moratorium was adopted, it would be in effect for 45 days, giving Council the opportunity to study the issue, decide how to regulate needle exchange programs, and would give the City an argument that any program must be delayed under the moratorium if the City were unable to secure an injunction at the September 14th hearing. Council Member Murray believed this was a first step, not a final step, and asked that staff stay vigilant to prevent this program from operating in the community. In response to Mayor Pro Tem Moreno's question, Council Member Murray stated she has not met with OCNEP-representativesbut invited them to attend tonight's meeting which they did not attend. Mayor Pro Tem Moreno voiced his support of the moratorium, addressed discussions with OCNEP on the matter, and regretted they were unable to clearly communicate their proposed model. MOTION: Council Member Murray moved to adopt ORDINANCE NO. 6445 (ADOPTION) AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM adopting an interim measure imposing a moratorium on the establishment of needle exchange programs within the City of Anaheim, 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. 19. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 6.40 (Fireworks) of Title 6 (Public Health And Safety) of the Anaheim Municipal Code to prohibit the sale, possession and use of safe and sane M142 fireworks and finding 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 State CEQA Guidelines. Direct staff to initiate the process for making amendments to the Zoning Code to make it consistent with the amendments to Chapter 6.40. DISCUSSION: Council Member Kring stated this was not a political issue, commented on a period when all fireworks were banned in the City; and addressed a vote by the people to City Council Minutes of August 28, 2018 Page 19 of 22 approve safe -and -sane fireworks. She reported it was determined in 2015 that non -profits. would participate but the process was confusing. She addressed the process in subsequent years and commented on fireworks being banned around Canyon High School, yet students were able to participate in their sale, and referenced the heat map in terms of the East Anaheim area. Fire Chief Randy Bruegman confirmed the information regarding Canyon High School and, in terms of the heat map, believed those shown in the area were most likely illegal fireworks. Council Member Kring stressed she was not trying to take money away from schools or non- profits but reported it cost taxpayers almost $80,000 this year for enforcement in addition to other costs related to meetings for debriefing. She suggested it would be beneficial for the City to provide funds to local schools and reported receiving over 100 emails from residents who were upset about the fireworks and their impact on pets. She claimed if safe -and -sane fireworks were banned, the only fireworks will be illegal, making it much easier for Public Safety Officers to monitor. Council Member Murray stated there was no question the concerns were related to illegal fireworks but prior to when safe -and -sane fireworks were approved again, the -City did not have these issues. She reported on Council Member Kring's efforts regarding the topic and the Council's action relative to its option to reconsider the item in the future and make appropriate adjustments. She added schools have been able to raise substantial funding and claimed if the issue was funding for schools, it would be far less expensive to back fill that rather than allocate millions of dollars for enforcement. She added this item was before Council because a significant number of residents were requesting it. Council Member Faessel noted the importance of residents reading agenda Item No. 04 from Council's last meeting to realize the facts and referenced 900 calls for service received last year, all of which had to do with illegal fireworks. He commented on the $80,000 in enforcement costs and the additional money, as verified by the Fire Chief, needed for efficient enforcement. He claimed he understood residents' frustration with fireworks, noted the problem seems to be illegal fireworks, and reported the City of Cypress has never had safe -and -sane fireworks but they also have an illegal fireworks problem. He noted the difficulty for non -profits in raising money. Council Member Faessel declared he was open to exploring avenues to expand enforcement but questioned whether expanded enforcement would impact illegal fireworks. He opined discontinuing safe -and -sane fireworks would do nothing to change the future of illegal fireworks. He acknowledged residents' concerns and agreed with previous comments by Mayor Pro Tem Moreno about the possibility of asking residents to vote on the topic since they voted to have them in the City previously. Council Member Vanderbilt wondered how to stymie illegal fireworks and noted every City, with or without a ban, has illegal fireworks issues. He believed this as a regional issue, much like homelessness, and asked whether there have been conversations with other cities to develop comprehensive solutions. City Manager Chris Zapata distinguished between homelessness and fireworks in that the latter only occurs six days out of the year and homelessness is constant. He had not seen the problem of illegal fireworks addressed regionally. Chief Bruegman reported it was not a regional issue, but rather a statewide issue, and begins with the number of illegal fireworks introduced into the State. Until that is controlled, he stated, illegal fireworks would continue to be a problem. He reiterated that whether Council bans safe - and -sane fireworks or not, the City will still have the issue of illegal fireworks. He commented on changes in societal issues and felt it was a societal problem. City Council Minutes of August 28, 2018 Page 20 of 22 Council Member Barnes asked about the sales period and Deputy City Manager Greg Garcia reported the City's sales period was June 28th through July 0, explaining the State designates the time period which varies from city to city. He added it was a benefit to non-profits to allow for a longer window. Council Member Barnes suggested the possibility of narrowing the timeframe for selling safe-and-sane fireworks. Mr. Garcia reiterated calls for service relate to illegal fireworks rather than safe-and-sane fireworks. Mayor Pro Tem Moreno commented on the use of school bonds and disagreed with insinuations that schools were not using their raised funds well. He addressed the sale of safe-and-sane fireworks as approved by the voters, acknowledged residents' concerns, but noted the funds raised for non-profits and schools and asserted the market was determining their demand. He addressed hot spots, commented on how enforcement might shift, and noted this item was putting people on alert of the need for more effective educating and working with students and families. He opined there was no rush to act at this time and stated he preferred to form a study group to consider the item. He expressed concerns that people would buy safe-and-sane fireworks in other cities, use them in Anaheim, and enforce would still be necessary. Mayor Pro Tem Moreno felt this was too drastic of an action to take, especially when there was time to study the item further. He reiterated his suggestion for the formation of a study group including Council Members, the enforcement arms of the City, school officials, and businesses in the City with the charge to study the proliferation of illegal fireworks and make recommendations to Council on efforts to mitigate their use and impacts to neighbors' quality of life. The analysis should include cost of enforcement, public health impacts, risks to property, benefits of sales, methods of enforcement to reduce use of illegal fireworks, and. the possibility of separating illegal fireworks with the safe-and-sane fireworks and including impacts of Disney fireworks. Council Member Kring stated she opposed postponing the item as people. were mindful of what occurred one month ago. She believed it was critical to let residents know the City cares about their safety and reported placing this on the agenda for a firm vote. Council Member Murray clarified her statement about it being unfortunate that more local, State, and Federal monies were not getting into the classrooms, not how schools were spending their money. She reiterated this was brought forward because hundreds of residents asked for it, adding that residents deserve to be told whether Council will support this matter or not. She addressed the Disney fireworks and referenced their MOU with the AQMD for as long as they have had fireworks and the AQMD would not allow people's health or anything else to be at risk as a result of the activity happening with the Disneyland Resort. Mayor Pro Tem Moreno noted other residents were not able to attend the meeting and reiterated his belief there was still time to study this matter and obtain additional input. Mayor Tait reported there has been no attack, noted this was a big issue with testimony from the Fire Chief about calls for service being for illegal fireworks, and claimed if safe-and-sane fireworks were banned, the City would still-have problems with illegal fireworks. He agreed with the need to continue studying this matter thoroughly and noted the public needs assurance from the AQMD that Disney fireworks are safe. MOTION: Mayor Pro Tem Moreno moved to continue this item to an indefinite date, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 4: (Mayor Tait and Council Members Moreno, Vanderbilt, and Barnes). NOES — 3: (Council Members Murray, Kring, and Faessel). Motion carried. City Council Minutes of August 28, 2018 Page 21 of 22 PUBLIC HEARING: 21. This is a public hearing to consider a resolution for the vacation of excess street right -of - P110 way adjacent to southbound Anaheim Boulevard and 1601 South Anaheim Boulevard. RESOLUTION NO. 2018-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of excess street right of way adjacent to 1601 South Anaheim Boulevard (Abandonment No. ABA 2018-00371). City Engineer Carlos Castellanos stated the abandonment was requested by the Community and Economic Development Department staff in order to clear title to the proposed abandoned street right-of-way and assemble with the adjacent property at 1601 South Anaheim Boulevard for the development of a hotel as per the Disposition and Development Agreement approved by City Council on May 15, 2018. This property was acquired by the State of California for frontage roads pursuant to a 1974 freeway agreement between the City of Anaheim and the State of California; it was relinquished to the City in 1984. Mr. Castellanos explained this property was considered excess street right-of-way and not required for public vehicular or pedestrian traffic since it was taken out of service after the reconstruction of Anaheim Boulevard and Haster Street. A seven - foot -wide strip will be retained as street right-of-way for a future bicycle lane and a ten -foot -wide public utility easement will be reserved unto the City for existing electric utilities. If the abandonment is approved, the hotel developer will be required to compensate the City for the fair market value for the property at 1601 South Anaheim Boulevard together with the proposed abandonment area as indicated in the Disposition and Development Agreement. At 11:53 p.m., Mayor Tait opened the public hearing. Bryan Kaye asked whether Council had taken the time to consider the impacts of this matter and the effects it will have on the people. With no further comments offered, Mayor Tait closed the public hearing. MOTION: Council Member Kring moved to adopt RESOLUTION NO. 2018-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of excess street right of way adjacent to 1601 South Anaheim Boulevard, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Murray requested a report in October on the initiative to include who it would specifically apply to, a listing for public review of the impartial analysis, the impacts on the City Manager's office, City Attorney's office, and other staff to manage it should it pass, and where Anaheim would fall in comparison to all California cities who have an increase above the.state minimum wage. She requested two additional proclamations for World Holocaust Remembrance Day and Jewish American Heritage Month. Council Member Kring clarified her statements regarding Muslim Heritage Month, reported her attendance at Chief Cisneros's swearing-in ceremony, welcomed the Chief, and wished everyone Happy Labor Day, noting she would be celebrating her 30th wedding anniversary. City Council Minutes of August 28, 2018 Page 22 of 22 Mayor Pro Tem Moreno thanked Victoria Michaels for hosting a North Colony meeting as well as Chief Cisneros and Anaheim Elementary School District superintendent Christopher Downing for attending and answering residents' questions. He reported his attendance at the swearing-in ceremony for Chief Cisneros, the OC Needle Exchange Program meeting at the downtown community center, and the City Church unveiling of the We Are Anaheim mural, thanking the church and Anaheim High School staff. He congratulated small business owners, Jerry Espinoza and Salvador Barajas, for their grand opening of Mr. Taco Nice on Katella Avenue, serving authentic Mexican pizza. He thanked residents of Harbor Lofts, David Belmer, John Woodhead, and Kevin Clausen, for a meeting sharing concerns with a recent Planning Commission decision regarding the BARN project, and thanked LAB staff/designer Chris for listening to the concerns of the residents concerned with parking and other project impacts. Regarding recognitions, he asked to include Hispanic Heritage Month, Cesar Chavez Day, Asian American Heritage Month, and expressed concerns with a lack of recognitions for veterans. In regards to fireworks, he clarified that he voted against the item when it was before the voters but thought there was sufficient time to study the issue and find better ways of enforcement. Council Member Barnes stated she attended Chief Cisneros's swearing-in ceremony and appreciated all the attendees. She also reported she took Chief Cisneros on a tour of District 1. She acknowledged the efforts of Mayor Tait, as highlighted by the Orange County Register, in rescuing a young man from the surf in Laguna Beach. Council Member Vanderbilt requested to adjourn the meeting in memory of two young Anaheim residents, Brian Blumburg and Alex Santiago. For agenda items, he asked to recognize October as Domestic Violence Month and invite Tracy Theodore from the Family Justice Center to highlight some of their accomplishments and efforts. Council Member Faessel recognized his wife, Susan, noting they recently celebrated their 46th wedding anniversary. Mayor Tait wished a happy anniversary to Council Members Faessel and Kring; thanked the Council for their efforts, passion, and perspectives and hoped to get all moving in the same direction; recognized the new flag; and thanked Disney for their announcement and gracious actions with the City. ADJOURNMENT: With no further business before the City Council and without objection, Mayor Tait adjourned the meeting of August 28, 2018 at 12:16 A.M. on August 29, 2018 in celebration of Hannah Laffer's 98th birthday and in memory of Senator John McCain and residents Brian Blumburg and Alex Santiago. Respectfully submitted, Theresa Bass, MC City Clerk