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2013/08/20ANAHEIM CITY COUNCIL REGULAR MEETING OF AUGUST 20, 2013 The regular meeting of August 20, 2013 was called to order at 3:05 P.M. in the chambers of Anaheim City Hall. The meeting notice, agenda and related materials were duly posted on August 16, 2013. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille Kring and Kris Murray. STAFF PRESENT: City Manager Marcie Edwards, City Attorney Michael Houston and City Clerk Linda Andal. WORKSHOP — ANAHEIM QUALITY RENTAL HOUSING PROGRAM Planning Director Sheri Vander Dussen announced the workshop would highlight Anaheim's current code enforcement program as it related to quality of life concerns with the objective of offering additional options to ensure multi - family neighborhoods were properly maintained. She reported the Community Preservation Division responded to nearly 40,000 complaints and /or requests for service annually that included graffiti removal, abandoned shopping carts, parking enforcement, water quality management, and scavenging and animal control problems. Twelve full -time and eight part-time officers were funded via General Funds, Sanitation Funds and CDBG funds, although she pointed out, those officers supported by CDBG could only work in areas that were CDBG eligible, or about 38 percent of Anaheim, which left the remaining three officers to handle the rest of the community. A change in 2007 to a civil citation ordinance took the emphasis off pursuing criminal prosecution against violators, which she explained, brought about higher compliance albeit a lengthier process, taking months to years to gain compliance. She added that 95 percent of cases were resolved after one or two notices were given and staff allowed time extensions to owners showing progress in correcting multiple violations. In addition, relationships between non - profit agencies and faith -based organizations were successful in helping property owners with financial hardships or physical disabilities, pointing out the Americana Motel and Ready to Recover Sober Living agencies had assisted more than 100 property owners in Anaheim in bringing their properties up to standard. She pointed out Anaheim's population over the last ten years increased by almost five percent with calls for code enforcement expanding by a much higher number at 38 percent while the number of violations abated were greater by 12 percent. During that same ten year period, staffing decreased by more than one - fourth, all part-time weekend crews were eliminated while the civil citation process increased the time to abate violations by almost 50 percent, all of which, she emphasized, had a real impact on quality of life issues in neighborhoods. Rental Housing Concerns Ms. Vander Dussen noted that the bulk of the complaints received addressed multi - family neighborhoods. Housing stock was aging, with much of the multi - family supply consisting of four to eight unit buildings with most owners living off site and not employing professional property managers to screen tenants or ensure buildings were maintained. The 2010 census data pointed to 30 percent of rental households being overcrowded with more than one resident per room, placing more wear and tear on the properties. She emphasized that substandard housing abatement was one of the most vital functions of code enforcement because poorly maintained housing directly impacted the standard of living for residents as well as the quality of neighborhoods. For those reasons, City Council Minutes of August 20, 2013 Page 2 of 19 State and city code specified minimum standards for health and safety and, she noted, many residents were living in units that did not meet minimal standards, leading to safety concerns for occupants and /or the structural integrity of the building. Photographs were shown which depicted the various types of housing violations, many of which were attributed to aging and lack of routine maintenance and upkeep. She noted most of the complaints received were in the 12 priority neighborhoods as most of these communities consisted of individually owned multi - family properties and fewer than five percent of complaints had been received from the more than 47,000 rental units in the city. Last year the complaints numbered 2,400 and this year so far, she noted, staff had responded to 400 requests for service and when investigated, included problems on the exteriors of the buildings which contributed to the overall negative appearance of a neighborhood. Ms. Vander Dussen reiterated that almost all of the units were owned by people not living on site and in many cases not living in the state. Thus, the compliance rate was slower when responding to these types of complaints due to the numbers and extent of code violations and lack of cooperation from owners and their tenants. In a third of these cases, she pointed out the City Attorney's Office was used to gain compliance, taking longer and using more city resources to come to resolution. She commented that most cases were successful and less than five percent of substandard housing cases ended up with the filing of a criminal complaint. The most important fact to take from this process, she stressed, was that the city was only asking owners to bring their units into compliance with basic standards. Ms. Vander Dussen explained that in general, tenants were allowed to stay during repairs but must cooperate with the owners which often presented problems. Additionally many of the complaints came from the tenants themselves but also from neighbors as well as referrals from field personnel in police, fire and utility departments, adult and child protective services, fair housing and the county health department. She emphasized staff followed up on every complaint. She underscored the fact that staff did not have the authority to proactively look for violations, a situation that regularly occurred because of immigration concerns, eviction fears, possible rent increases or a fear of government in general. In those cases, staff left information explaining how help could be provided in the future. Components of Proactive Code Enforcement Ms. Vander Dussen stressed that a proactive substandard housing program would help raise the standard of living in the city and to implement such a plan, staff must be able to require property owners and tenants to allow the city to inspect an entire property. Property owners could be educated on best management practices for rental units, financial penalties could be imposed when owners refused to make repairs on serious conditions, and owners could be prosecuted who allowed their properties to fall into disrepair in addition to requiring they bring their properties into compliance. Programs in Other Cities Ms. Vander Dussen reported Santa Ana and Buena Park focused their efforts mainly on the exterior appearance of multi - family properties in their city and if severe violations were found on the exterior, they requested to inspect interiors, reporting some success in improving the exterior appearance of their units. The cities of Los Angeles and Sacramento applied more comprehensive programs and in both of these cities, all rental units must be documented, monitored and inspected on a regular basis. She noted Los Angeles had been able to inspect hundreds of thousands of units and with 60 officers on staff, conducted almost 178,000 inspections per year. She reported their goal was to inspect every rental unit every five years and since their program began 15 years ago, more than $2.3 billion had been spent by owners to upgrade and repair their properties. Those cities felt their programs raised City Council Minutes of August 20, 2013 Page 3 of 19 the value of property, upgraded the standard of living, improved the appearance and quality of life in their neighborhoods, as well as infused money back into the economy. Sacramento's program inspected around 4,000 units each year and included a self - certification option in which property owners could certify their property was up to code. Periodic spot checks ensured units complied with code and since there was a reduction in fees for that self- certification, it offered an incentive for owners to maintain their property. Utah implemented a Good Landlord program, based on evidence rental units used more city services (such as police, fire and code enforcement) than ownership units. The owners of rental properties were billed for the differential, unless they participated in the Good Landlord Program which offered training regarding standards and best practices for property management. Those owners were then exempt from the differential in fees, a financial incentive for them to participate in the program. She explained State law in Utah was different from California; however, this could be an opportunity to partner with a nonprofit to be able to provide training in best practices for rental landlords. _Options for Proactive Substandard Housing Enforcement Ms. Vander Dussen remarked there were a number of options available if council wished for more aggressive investigation and abatement of substandard housing units. Those options included the following: 1) continue the present program, relying on complaints and reports from city field staff and observe substandard conditions; 2) look at a voluntary training program for landlords in an effort to motivate those who really needed training to participate, including some type of incentive to require them to participate; and . 3) implement a rental quality program similar to Sacramento to be fully funded by fees imposed on property owners and include incentives to encourage owners to properly maintain their unit such as the self- certification program. She added if the city chose this route, it would need additional code enforcement officers and the city attorney's office would need additional resources to help with additional cases. She announced John Poole, a respected former code enforcement manager for Anaheim, had been retained to help determine which of these approaches would be most beneficial. He recommended the Sacramento program as the best fit for Anaheim and, she remarked, staff concurred. The next step in this process, if council agreed with that recommendation, was to return with an ordinance modeled on Sacramento's program focused on multi - family units as that was where the most serious housing violations occurred. As an incentive for property owners, staff also proposed to allow units that had been free of violations for the past year to self- certify with staff performing spot checks to insure units were in compliance with code and as long as no violations were found, those property owners would pay a minimal fee to participate in the program. Another recommendation was to develop new tools and practices to ensure violations were abated in a timely manner. As units in the Section 8 program were already subject to annual inspections by the city, they would be exempt from this program and any new units could also be exempt until they were five years old because there were very few code violations in newer units. She added since Sacramento had the most reasonable fees for a comprehensive program, it was proposed Anaheim mirror its fee schedule with owners paying an annual registration fee of $16 per unit. When inspections were necessary, an additional fee of $127 /unit would then be required. Properties participating in the self - certification program would only need to pay the registration fee unless the spot checker verified there were code issues on those sites and any properties could be removed from the self - certification if a violation was documented or repeat violations occurred. She added this program would be analyzed as well to determine its effectiveness. City Council Minutes of August 20, 2013 Page 4 of 19 Ms. Vander Dussen remarked there were slightly more than 40,000 units eligible for this program and staff projected conducting 2,800 annual inspections with the fee revenue totaling nearly $1 million annually; and, since operating costs were anticipated to fall slightly under that amount, the revenues would cover the addition of six full -time code enforcement staff as well as additional resources for the City Attorney's Office. Ms. Vander Dussen added the Finance Director reported that a one -time capital cost of $180,000 could be absorbed in the current year's budget. In terms of a time line, she anticipated the program would begin in five months, possible as there were a number of city employees interested in participating and code enforcement staff was looking forward to being able to abate the poor housing conditions they had seen. Council Member Murray thanked everyone involved who was instrumental over the last eight or nine months in ramping up code enforcement. She remarked that having had a tour of the city after she took office and visiting some of the most blighted areas, she was committed to improving living conditions in Anaheim. She and Mayor Pro Tern Eastman had accompanied code enforcement on some of their complaint inspections and seen first -hand the extraordinary distress in which some residents lived as part of their everyday existence. She stated she had begun outreach to state, regional and local apartment associations over the last few months to let them know she was supportive of drafting a program that would address the goals outlined by staff today and she had also met with the Chamber of Commerce and other business organizations to encourage support from the business community. She emphasized that aging housing stock in Anaheim had fallen into decline and slum lords charged market rate for substandard conditions and could do so, because the city did not have the tools to be more aggressive with violations. She believed this was a true Hi Neighbor program as it would ensure every resident lived in a safe home and was not subjected to third world conditions. Mayor Pro Tern Eastman appreciated partnering with Council Member Murray on this effort. Council Member Kring remarked the Jeffrey Lynne area had been rehabilitated a number of years ago and this site, now called Hermosa Village, was a great model for the city. She suggested absentee landlords willing to work with the city, might be further motivated with some type of reduction in fees. Council Member Brandman stated that many Anaheim students in public schools were either sick or hungry due to the type of conditions in which they lived, pointing out that any student not achieving impacted the entire community. Council Member Murray added that she would like to see how the city could work with the apartment associations with regard to a training program for property managers and landlords, which could help to bring landlords on board with this program. Mayor Tait closed the workshop voicing his appreciation for the work done by staff adding that the Sacramento approach made sense and getting the apartment associations involved with training struck a good balance. He thanked Council Member Murray and Mayor Pro Tern Eastman for their passion and commitment in bringing this forward and recommended more detail be offered as the program was developed. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Cecil Corcoran, Outreach Homeless Ministries, addressed his personal goals through the study of the bible. Brian Chuchua remarked with negotiations underway with the Angel Baseball organization, he hoped council bargained for a decent profit on behalf of the people of Anaheim. City Council Minutes of August 20, 2013 Page 5 of 19 At 3:43 P.M., Council recessed to closed session for consideration of the following items CLOSED SESSION ITEMS: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case No. 2012- 00579998 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Subdivision 54956.8 of the California Government Code) Property: 2000 East Gene Autry Way, Anaheim, CA (Angels Stadium of Anaheim) Agency Negotiator: Tom Morton Negotiating Parties: Angels Baseball, LP, City of Anaheim Under Negotiation: Price and Terms of Payment Regarding Lease 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Padilla /Ceja v. City of Anaheim, et al. USDC Case No. SACV12 -622 JVS(JPRx) 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 (b) (1) of the California Government Code) Title: City Clerk and City Treasurer At 5:26 P.M., council returned from closed session. INVOCATION Pastor Roger Frick, Zion Lutheran Church FLAG SALUTE: Council Member Kris Murray PRESENTATIONS: Recognizing Canyon Acres Children and Family Services Accepting this recognition, Ken Berrick expressed his gratitude and remarked Canyon Acres had been a member of the Hills community for 27 years helping thousands of kids find homes and families. Recognizing Elmer and Genevieve Thill on their 75th Wedding Mayor Tait introduced Elmer Thill, providing a brief bioR raphy on his activities, both personal and professional and congratulating Mr. Thill on his 75 wedding anniversary. Recognizing Jenah Kanbar for her work with children in Kenya Mayor Tait recognized Jenah Kanbar and the remarkable work she had achieved in founding the Hosanna's Children Ministry International in Kenya. The 19 year old spoke of her journey, her dreams, and accomplishments. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing Alex Maldonado on his 90 birthday City Council Minutes of August 20, 2013 Page 6 of 19 Proclaiming September 2013, as Childhood Cancer Awareness Month Proclaiming September 2013, as National Preparedness Month Proclaiming September 2013, as Ovarian Cancer Awareness Month Proclaiming September 2013, as Senior Center Month The National Preparedness Month proclamation was accepted by Rusty Coffelt, Deputy Fire Chief, stating that during September residents were encouraged to update their preparedness kits, to get to know their neighbors and to develop emergency plans for their family. Laura Stecher, Orange County Ovarian Cancer Alliance, announced that each year 22,000 women were diagnosed with ovarian cancer, losing 15,000 women to the disease. She emphasized there was a 95 percent survival rate if diagnosed early and urged women to recognizing the symptoms and to be proactive with their doctors. Gail Strachan, Anaheim Senior Assistance Club, remarked there were nearly 1,500 members in the Senior Assistance Club, offering various activities in three locations. She thanked council for its recognition of Senior Center Month. David Thomas, Toll Project Manager with Riverside County Transportation provided a brief power point update on the SR 91 project. Mr. Thomas remarked the project had been in process for seven years so far, involving several agencies, OCTA, Caltrans, FHWA and several cities that bordered the project, adding that Anaheim had been a participating agency in the environmental document process and had received updates on the project as well. He indicated there was a blueprint for the 91 freeway available to the public with multiple projects were going on and a requirement that plans be updated on an annual basis and he briefly touched on some of those planned improvements. ADDITIONS /DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items, except public hearing): Cecil Corcoran, Outreach Homeless Ministries, spoke about the Gospel of Paul and its message to the people. Jaime Roberto (James Robert Reade) addressed a number of issues related to the Latino communities. Bob Tiscareno, resident, submitted a CD to council and urged clean up of the parks associated with homeless encampments. Mayor Tait responded a workshop had been held last week on this issue and a pilot program with Mercy House was now underway to deal with the impacts of homelessness as well as provide needed services and assistance to those individuals. Annie Bonqouy represented a new drug and alcohol treatment center that had just opened in Anaheim, a faith -based organization that was seeking to work with the community as well as state and local agencies to become more effective. Mayor Tait requested City Manager Marcie Edwards forward this information and determine how city staff might collaborate. City Council Minutes of August 20, 2013 Page 7 of 19 David Chavez, resident, displayed a banner and announced the Anaheim Harvest Crusade coming to Anaheim this weekend, inviting the community to participate. Jon Dunton emphasized the positive actions taking place in Anaheim by publicizing the involvement and commitment made by each member of the city council to the community. He also recognized officers who had stopped by La Palma Park offering resources to the homeless Rick Hoegler representing the 88 families living in the Normandy Park apartments, expressed concern over the negative impacts the proposed parking permits would have on the apartment residents. He recognized that additional apartment parking spaces was needed and had asked the city's traffic engineer to review the site and determine whether there was any other way to accommodate vehicles to ease the parking situation on Nutwood Street, although no alternatives were found. He asked council to postpone a decision on this matter and allow apartment residents an opportunity to speak as they had only received notification by late afternoon on the previous day regarding this hearing and he would like the opportunity to meet and work towards a mutually benefit solution. Michael Buss, Anaheim Arts Council, remarked that Anaheim with over 100 churches, synagogues, temples and mosques representing the religions of the world people suggested following up on a recommendation to promote a Sacred Arts Festival. Through a volunteer steering committee, the thought was to open up these places of worship to celebrate art and break down cultural barriers. He invited any interested member of the city to work on the steering committee. Sherry Cavallaro remarked she and others in her neighborhood instigated the petition for permit parking on Beacon and Nutwood Streets, caused by parking overflow from adjacent apartment units. She cited specific challenges her neighborhood faced because of this impact remarking the neighbors had complained many times to the apartment managers with no effect. She also wondered why Beacon Street was not included in the permit parking eligible districts. Keith Olesen, resident, was strongly supportive of the city's efforts to address rental housing problems, stating it was a well thought out presentation and would do much to improve Anaheim's neighborhoods. Kieran Scott, Nutwood Street resident, remarked there was not only a parking problem in her neighborhood but a clutter and safety concern as well. She and her neighbors believed that parking permits would resolve their parking challenges. Janine Mills, addressing Item 12, parking permits, spoke to specific situations that negatively impacted her neighborhood, emphasizing parking permits was the solution and a way to change the neighborhood dynamics back to what it was years ago. Dorothy Rose, Orange County Symphony, announced the new season beginning August 26 a series of nine classic concerts offered to the community at an affordable price. In addition, with the start of school, she announced after school instrument instruction for Anaheim City Schools, beginning with grades three to six would commence. Joanne Sosa, ESCRI, announced a neighborhood clean -up event on August 24 the second Anna Drive neighborhood cleanup event involving ESCRI. City Council Minutes of August 20, 2013 Page 8 of 19 Donna Acevedo criticized council's decisions over the past year indicating she and other like - minded people would be here to stand up for their rights. Esperanza Sanchez, Nutwood resident, supported the proposed permit parking agreement before council for consideration and the impacts of the proliferation of vehicles for sale on Ball Road, asking that council address those impacts as well. Isabel Ortiz (Translation provided: Language, Spanish), a resident of Normandy apartments, stated the proposed parking permits would impact the families of those attending schools in that area. Carmen Caricosa (Translation: Language, Spanish), a resident of Normandy apartments, was opposed to the proposed parking permit and the potential loss of parking for renters, the handicapped and to accommodate emergency services. William Fitzgerald addressed his comments to the firing of workers at the Honda Center and the rehiring of new employees in order to receive enterprise zone benefits. He recommended that Honda Corporation be boycotted by the public for their actions. Greg Diamond urged council to reject the agreement with Orange County Register regarding an exclusive right to solicit naming rights for the ARTIC project, stating a newspaper's function was to cover the city and not be in partnership with it. Regarding the contract by the Chamber of Commerce to administer the Enterprise Zone program terminating the end of this calendar year, Mr. Diamond expressed concern the Chamber was being overpaid for that function and that the use of public funds to derive a benefit to the city was not appropriate. CONSENT CALENDAR: At 7:00 P.M., Council Member Kring removed Item No. 12 from the consent calendar for further discussion. Mayor Tait declared a potential conflict of interest on Agenda Item No, 5 as his firm had worked with one of the parties involved, URS and on Item No's. 10 and 11 for that same reason. Regarding Item No. 9, Resolution No. 2013 -124 was considered separately as Mayor Tait lived within the project area and would record an abstention on that item as well. Council Member Kring then 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 Mayor Pro Tern Eastman. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. °117 1. Approve the Investment Portfolio Report for July 2013. D128 2. Approve the fiscal year 2012/13 write -off of uncollectible miscellaneous accounts receivable, in the total amount of $935,707. D182 3. Approve and authorize the fiscal year 2012/13 net write -off of uncollectible utility customer accounts, in the total amount of $1,183,807. 4. Award funding to Trinity Lutheran Church and Christian School, in the amount of AGR -7743 $140,000, for the Sun Power for the Schools Program and approve and authorize the Public Utilities General Manager to execute and take the necessary actions to implement City Council Minutes of August 20, 2013 Page 9 of 19 and administer the agreement, and any related documents, to provide the award and assist in the completion of a solar energy project. 5. Approve and authorize the Public Utilities General Manager to execute and take the AGR- 4788.13 necessary actions to implement and administer General Service Agreements (GSAs) , 4790.13, 481413 and any related documents, with thirty -six companies for as- needed professional 479113, 479513 consulting and engineering services to the Public Utilities Department and authorize de 7744, 7745 minimis changes that do not substantially change the terms and conditions of the GSAs, 7746, 4798.7 so long as such changes are determined to be de minimis by the City Attorney (AKM Consulting Engineers, Inc., AMEC Environmental & Infrastructure, Inc., Atkins North 4800.8 7747, America, Inc., Black & Veatch Corporation, Carollo Engineers, Inc., CivilSource, Inc., 6390.A, 7748, CIVILTEC Engineering, Inc., Clear Creek Associates, Inc., Corrpro Companies, Inc., 4805.13, 4806.13 Dudek, Environmental Advisors, LLC, Geoscience Support Services, Inc., GHD Inc., 6393.A, 7749 Harper & Associates Engineering, Inc., IDModeling, Inc., Kennedy /Jenks Consultants, 7750, 7751 Inc., LEE & RO, Inc., Lockwood, Andrews & Newnam, Inc., LSA Associates, Inc., Marrs 7752, 6396.A Services, Inc., Pacific Advanced Civil Engineering, Inc., Packrim Engineering, Inc., 7753, 4816.13 PSOMAS, Quantum Quality Consulting, Inc., RBF Consulting, Richard Brady & 7754, 4817. B, Associates, Inc., Richard C. Slade & Associates LLC., RMC Water and Environment, 7755, 4818B Engineering & Design, Inc., SA Associates, Stantec Consulting Services Inc., Stetson Engineers Inc., Tank Industry Consultants, Inc., Tetra Tech, Inc., URS 6397.A, 4819.13 Corporation, and V &A Consulting Engineers, Inc.) 4820. B, 4822.B ,775J { Due to a potential conflict of interest on this item, Mayor Tait recorded an abstention.) Roll Call 7757, 4824.� Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Eastman and 7Cll urray). Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 4826.13, 4827.A 6. Approve an agreement with the Anaheim City School District for a term of three years to continue to assume scheduling responsibilities for the athletic fields at Anaheim City AGR - 4765.1 School District and authorize the Director of Community Services to extend the agreement upon the same terms and conditions for an additional five years upon expiration of initial term. 7. Approve an agreement with the Anaheim City School District for a term of three years allowing the district to utilize athletic fields located on City parks adjacent to district AGR - 4765.11 schools and authorize the Director of Community Services to extend the agreement upon the same terms and conditions for an additional five years upon expiration of initial term. 8. Approve minutes of the Council special meeting of June 26, 2013 and regular meeting of D114 July 2, 2013. 9. RESOLUTION NO. 2013 -123 A RESOLUTION OF THE CITY COUNCIL OF T105 THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989 -1 (Sycamore Canyon). RESOLUTION NO. 2013 -124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989 -2 (The Highlands). Mayor Tait recorded an abstention on Resolution 2013 -124 since he lived in the Highlands area. Motion to approve by Council Member Kring, seconded by Mayor Pro Tem Eastman. Roll Call City Council Minutes of August 20, 2013 Page 10 of 19 Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. RESOLUTION NO. 2013 -125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989 -3 (The Summit). RESOLUTION NO. 2013 -126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 06 -2 (Stadium Lofts). RESOLUTION NO. 2013 -127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle). Resolution Nos. 2013 -123, 2013 -125, 2013 -126 and 2013 -127 were voted on collectively. Motion to approve by Council Member Kring, seconded by Mayor Pro Tem Eastman. Roll Call Vote: Ayes- 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 10. RESOLUTION NO. 2013 -128 A RESOLUTION OF THE CITY COUNCIL OF Pilo THE CITY OF ANAHEIM vacating a public service easement located at 4850 East La Palma Avenue (ABA2013- 00269) pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation. Due to a potential conflict of interest on this item, Mayor Tait recorded an abstention. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Eastman and Murray). Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 11. RESOLUTION NO. 2013 -129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating two public service easements located at 3301 East La Pilo Palma Avenue (ABA2013- 00266) pursuant to California Streets and Highway Code 8330, et seq. - Summary Vacation. Due to a potential conflict of interest on this item, Mayor Tait recorded an abstention. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Eastman and Murray). Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 13. RESOLUTION NO. 2013 -131 A RESOLUTION OF THE CITY COUNCIL OF D154.4 THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Firefighters Association, Local 2899 and the City of Anaheim. 14. RESOLUTION NO. 2013 -132 A RESOLUTION OF THE CITY COUNCIL OF D154.1 THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim D154.2 Municipal Employees Association, General Unit, and the City of Anaheim. D154.8 RESOLUTION NO. 2013 -133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, Clerical Unit, and the City of Anaheim. City Council Minutes of August 20, 2013 Page 11 of 19 RESOLUTION NO. 2013 -134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, Part Time Unit, and the City of Anaheim. 14. ORDINANCE NO. 6285 (ADOPTION) AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM fixing and levying a property tax on the full cash value of all property 8130 within the corporate limits of the City of Anaheim for the fiscal year 2013/2014 and declaring the urgency therefor and that this ordinance shall take immediate effect. (A copy of the full text of the proposed Ordinance is available for review in the Office of the City Clerk). END OF CONSENT: 12. RESOLUTION NO. 2013 -130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM expanding Permit - Eligible Parking District No. 13 and designating west side of Nutwood Street from Ball Road to Crone Avenue, east side of D175 Nutwood from 910 Nutwood to Beacon Avenue and both sides of Beacon Avenue from Trident Street to Fann Street/Falcon Street as "Permit Parking Only" street within Permit - Eligible Parking District No. 13. Mayor Tait remarked a comment had been made regarding the fact the Normandy Apartment owner received a one day notice to speak to this item and the Mayor was considering postponing this matter to the following meeting to accommodate more speakers. Council Member Kring inquired why Beacon Street was no longer a part of the permit parking program with City Engineer Mark Vukojevic responding that the entire area voted to create a permit parking eligible district, which included Beacon Street, and in trying to be efficient and more streamlined with the process, staff allowed the residents to vote twice under one process. On that second vote, he stated, the residents of Beacon Street did not have the two -third votes required to approve permit parking on that stretch of the road, adding they were welcome to vote in the future to change that outcome. Council Member Kring mentioned at one point in time, parking at the church was discussed and appeared to be an answer for the apartment manager to consider, since the church was not used on a 24/7 basis. Mayor Tait moved to continue this matter until the next council meeting to allow apartment tenants to have ample notice, seconded by Mayor Pro Tern Eastman for purposes of discussion. Council Member Murray asked staff to explain the noticing process with Mr. Vukojevic replying that residents fronting the street where permit parking would take place received the notice of this meeting and the tenants of the Normandy Apartments did not receive direct mail. He added as a matter of practice there was no 300 or 500 feet notification requirement. He further stated that two weeks ago as a courtesy, staff called the apartment manager to notify them this program was moving forward and there was a miscommunication as to the actual date of the meeting. Ms. Murray asked staff to provide context as to the length of this process and the involvement of the residents to get to this point. Mr. Vukojevic responded that the neighborhood approached the city in 2009, adding that they were one of dozens of neighborhoods queuing up for permit parking, and it finally came to term in June 2012. Staff had met with them with a good turnout of neighbors at the meeting and explained the process along with reviewing different options. He indicated the residents felt permit parking was their best solution as opposed to no City Council Minutes of August 20, 2013 Page 12 of 19 overnight parking restrictions or two hour parking; in an effort to streamline the process, staff indicated they could vote once for a two part solution, creating the district and implementation of permit parking. Council Member Murray remarked this had been an exhaustive process to date and the homeowners deserved their hearing and she was supportive of moving forward. Mayor Tait reiterated his desire to continue the matter to the next meeting, in the interest of fairness. Mayor Pro Tem Eastman stated she preferred moving forward with the residents request with this three year process and also suggested the apartment owner look into finding other alternatives for overflow parking. Roll Call Vote for Mayor Tait's motion to continue this matter: Ayes — 1: Mayor Tait. Noes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Motion Failed. Council Member Kring then moved to approve RESOLUTION NO. 2013 -130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM expanding Permit - Eligible Parking District No. 13 and designating west side of Nutwood Street from Ball Road to Crone Avenue, east side of Nutwood from 910 Nutwood to Beacon Avenue and both sides of Beacon Avenue from Trident Street to Fann Street/Falcon Street as "Permit Parking Only" street within Permit - Eligible Parking District No. 13; seconded by Council Member Murray. Mayor Tait was not convinced permit parking was the best way to solve overflow parking, suggesting cars would just park on the next available street and he would be voting against this motion. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 1: Mayor Tait. Motion Approved. PUBLIC HEARING: 16. Continued public hearing. C280 ZONING CODE AMENDMENT NO. 2013- 00109(DEV2013- 00050) LOCATION: Citywide A City- initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code ( "Code ") including, but not limited to, updating and streamlining certain business permit regulations and procedures and reducing the number and type of business uses required to obtain a conditional use permit. Certain regulations pertaining to encroachments for single - family zones and large family daycare will be relaxed. Changes also include clarifications to various sections of the Code, requiring a conditional use permit for auto sales agency offices, including an amortization program for existing businesses already established, and moving certain private property related engineering standard details to "Planning Standards ", including updating reference language in the East Center Street Specific Plan (Adjustment No. 2, SPN90 -2(B), Disneyland Specific Plan (Adjustment No. 9, SPN92 -1 Q ), Anaheim Resort Specific Plan (Adjustment No. 7, SPN92 -2V) Hotel Circle Specific Plan (Adjustment No. 4, SPN93 -1 D). Environmental Determination: The City Council will determine whether this action is exempt from the California Environmental Quality Act under Section 15061(b)(3) of Title 14 of the California Code of Regulations on the basis that there is no possibility that the Zoning Code amendment may have a significant effect on the environment. City Council Minutes of August 20, 2013 Page 13 of 19 ACTION TAKEN BY THE PLANNING COMMISSION: Recommended City Council approval of Zoning Code Amendment No. 2013 -00109 with modification to Sections 18.16.080.030.0303, 18.38.205.020.0209 and 18.46.150.010. Vote: 5 -0 -1: Commissioners Bostwick, Faessel, Lieberman, Persaud and Seymour voted yes. Chairman Ramirez abstained. Commissioner Agarwal was absent. (Planning Commission meeting of July 1, 2013). (Continued from Council meeting of August 13, 2013, Item No. 26) ORDINANCE NO. 6286 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending various Chapters of Title 18 of the Anaheim Municipal Code [and determine that action is exempt pursuant to California Environmental Quality Act, Guideline Section 15061(b)(3) (no possibility of environmental effect)] (Zoning Code Amendment No. 2013 - 00109) (DEV2013- 00050). Director Sheri Vander Dussen reported this item was a city initiated code amendment implementing components of the Mayor's Regulatory Relief Task Force by simplifying the permitting process for certain types of businesses. It also addressed concerns raised by council members and the community by requiring a conditional use permit (CUP) for office -based sales agencies including an amortization program for businesses already established. Providing background, Ms. Vander Dussen reported that on August 13, 2013, council continued this hearing and directed staff to return with additional information regarding how new smoking lounge regulations would affect existing businesses. In addition, council wished to understand how proposed changes regulating office -only car dealerships could affect car dealers and owners of office buildings where they were located and policy options which could minimize commercial sale of vehicles on city streets. She explained staff had spoken with individuals who attended the previous council meeting to express concerns regarding updated regulations to smoking lounges and confirmed with them that the proposal to limit the hours of operation on existing smoking lounges was removed from the ordinance and that existing legal nonconforming smoking lounges would not be impacted by this proposed ordinance. She added staff also discussed concerns with Mr. Khalil, the owner of Nubia Cafe on West Lincoln Avenue, about how the ordinance would affect his business. She reported the Nubia Cafe was located within 200 feet of a residentially zoned property, the business had been established before current standards were adopted and was a legal nonconforming use; however, Mr. Khalil had expanded his outdoor patio without benefit of city permits and current standards would require him to return the patio to its original condition. She noted the proposed regulation would also allow him to request a conditional use permit to allow the larger patio along with a parking variance stressing that Mr. Khalil now understood the new provisions and supported the code amendment. She remarked staff also researched methods to address auto sales on city streets and those various policy options would now be presented in an effort to reduce this problem and resultant blight. She provided an overview of the current regulatory environment. Under current code, automobile sales were permitted by the zoning code under two types of land uses, the first was the traditional auto sales lot, in which businesses could sell either new or used cars and generally consisted of a large display area, sales office and vehicle repair facilities. These businesses typically had multiple vehicles for sale and were required to obtain a conditional use permit (CUP) in order to consider land use impacts to neighbors. The second type of auto sales dealer was the office -only auto dealer and this business typically consisted of a small space within an office building, with the dealer required by state law to have a display area for each City Council Minutes of August 20, 2013 Page 14 of 19 vehicle available for sale. The zoning code currently allowed these businesses to operate by right if the amount of on -site parking could accommodate one display space above minimum code requirements. Ms. Vander Dussen indicated Anaheim currently had 119 active licenses for office -use dealers and was one of only two cities in Orange County that allowed this type of business by right; the other city was Stanton. It was believed, she remarked, these auto dealers contributed significantly to the number of automobiles being offered for sale on city streets. She further explained, the Department of Motor Vehicles (DMV), required all auto dealers whether their business was traditional or office -only car dealers to obtain the same auto dealer license and the same rules applied to each type of business. She noted Daniel Powers of the Department of Motor Vehicles was scheduled to present an overview of DMV regulations and information on the challenges facing their department and the city, however, he was unable to make it. Some of the important points he was going to cover, she stated, indicated that 85 -90 percent of the complaints for cars for sale parking on streets in Orange County came from Anaheim. Only 10 percent of vehicles for sale displayed on public streets were personal vehicles; the other vehicles were displayed by licensed and unlicensed dealers. In addition, most dealers did not have a single car for sale as envisioned by the zoning code and many had employees, increasing the numbers of cars associated with each business. Mr. Powers had also indicated there were limited differences between retail and wholesale dealers in terms of the impacts on public streets and the inventory of cars that dealers maintained. In addition, Mr. Powers had explained that state budget cuts limited the ability of the DMV to combat this issue as it involved much staff time to investigate and determine ownership of vehicles and dealers tried to elude investigators as well. Ms. Vander Dussen commented that the proposed ordinance included an additional change in part because of the recommendations from Mr. Powers; i.e., that there was no distinction between retail and wholesale operators and that a CUP be required for any car dealer that took possession of a vehicle as part of the acquisition or sale of a vehicle. She indicated staff concurred because all vehicle resellers, whether wholesale or retail, must store their inventory at some location and both Planning and DMV staff had documented cases of inventory storage taking up required parking at commercial and office sites, including parking in single family homes and apartment buildings for this purpose. She added requiring a CUP for any vehicle reseller would allow the Planning Commission to consider information about the maximum inventory a reseller was proposing to hold and where the inventory would be stored and enforcement action could be used if the vehicle associated with the business were displayed on the street or stored in inappropriate locations. The proposed code amendment would require a CUP for office -only car dealers and through the permit process, staff could evaluate the business operation and the appropriateness of the property to accommodate such a business, taking into account the number of employees, anticipated sales inventory volumes, the number of available on -site display or storage spaces and the hours of operation. The city would have an additional enforcement tool and the business would have the flexibility to outline their operations in a way that worked for them rather than conform to the limiting conditions of a single display space that was currently required. It also included an amortization program that required properties with existing nonconforming businesses to apply for a conditional use permit by July 1, 2015 with the potential to extending that deadline to July 1, 2016 if certain criteria were met. In cases where multiple dealers were established on a single property, Ms. Vander Dussen pointed out all the dealerships could be considered through a single CUP application City Council Minutes of August 20, 2013 Page 15 of 19 substantially reducing the cost of this permit by splitting the expense between the numbers of dealers on site and once established, in the event the original dealers left, a new dealer could assume business under that CUP provided their operation was consistent with the approved conditional use permit. She indicated the property located at 625 South Euclid Street currently contained 13 retail auto dealers and 15 wholesale auto dealers conducting business. Last Saturday, she added, a day when most office buildings were typically not busy, staff observed that all 50 on -site parking spaces were occupied by vehicles. She added current code would assume there would be 13 vehicles displayed on that property, one for each retail auto sales business, but none for the wholesale businesses because they were not required to have display spaces. Under a conditional use permit, conditions could ensure vehicle inventory did not spill onto adjacent properties into neighboring streets. Ms. Vander Dussen reported that Dr. Shane Shaw, who spoke at the previous hearing, met with staff following the meeting and requested the amortization program be eliminated from the proposal so that existing property owners and business owners would not be affected by the ordinance and would not be required to obtain a CUP. She explained while council could consider this option, staff believed it would dramatically impact the effectiveness of the ordinance. If properties with car dealers were grandfathered in and became legal nonconforming, those businesses could turnover and be replaced by other similar businesses and maintain the legal nonconformity. She further added that since Anaheim had so many auto dealers in the city already, she did not anticipate a large number of new businesses applying for CUPs, since businesses would have the option of leasing space at legal nonconforming properties. Furthermore, she noted, elimination of the amortization requirement would maintain the status quo. Dr. Shaw also questioned the relationship between regulating building sites and reducing the number of cars on the street. Staff believed that requiring a conditional use permit would help ensure adequate spaces were provided on site to accommodate inventory and display vehicles, while allowing the Planning Commission to attach conditions of approval that could be used to cap the number of vehicles a dealer could keep in inventory and also provided an effort to require dealers to keep all of the vehicles parked on site. Parking vehicles for sale on the street could be the basis for revocation of a CUP. Another option, she remarked, was to impose parking restrictions on highly impacted streets pointing out that a few years ago parking restrictions were put in place along La Palma Avenue west of State College Boulevard and along Magnolia south of Crescent Street because of the high volume of cars for sale. While this action reduced the number of cars for sale at these locations, she stated it did not eliminate the problem entirely and could simply push the problem to other streets, especially since most of the streets currently impacted by cars for sale abut residential neighborhoods. Because residents used these spaces for their own overflow parking, the loss of the spaces either through restrictions or because they were taken by vehicles for sale could be burdensome to nearby residents. Keeping that in mind, she stated some portions of the most impacted streets could have opportunities for time restricted parking without unreasonably burdening adjacent property owners and residents. At the direction of council, she indicated staff could further evaluate those opportunities as part of the comprehensive approach to addressing this problem. Another direction other cities used was to require a minimum display area in order to operate an auto dealership. A development standard based on a minimum display area would, when combined with an amortization program, eliminate office only dealers from the city. Ms. Vander Dussen indicated staff did not pursue this option in light of council's desire to allow small businesses to operate in Anaheim, however; should council elect to pursue this option further, City Council Minutes of August 20, 2013 Page 16 of 19 staff would need time to evaluate an appropriate display area size and bring a recommendation back to council. In conclusion, Ms. Vander Dussen stated staff recommended that a conditional use requirement was the best way to minimize the sale of vehicles parked for sale on city streets if council sought to allow office only operations. The ordinance responded to requests of members of the council to address the proliferation of automobiles being sold on public streets and the conditional use permit requirement would allow these types of businesses to continue to operate provided they adhere to the city's parking requirements and the DMV's regulations which banned the retail sale of vehicles on public streets. Recognizing there was no single solution to this problem, she noted these efforts could begin to provide some relief to the community and over time, should free up parking for residents and businesses, improve traffic safety and address the negative appearance. Ms. Vander Dussen recapped that this code amendment also included the elimination for the requirement for conditional use permits for six other types of businesses and allowed more flexibility for take -out restaurants and for homeowners, as well as included other provisions to make doing business in Anaheim easier. Mayor Tait opened the public hearing for comments. William Fitzgerald, Anaheim Horne, objected to the removal of requirements limiting alcohol sales at services stations warning of the consequences of such an action. Dr. Shane Shaw, Growth Management Company, objected to the CUP requirement, stating it would not solve the issue of illegal parking on city streets. He advised this decision could put many established dealers and related businesses out of work and would violate constitutional rights. He felt other measures such as enforcement of no parking or limited parking hours was a better solution. Rany Tawfik, property owner with offices leased to auto dealers, explained how a conditional use permit requirement for office -use only auto dealers would impact him, urging the city tow the illegally parked cars on the street and not make it so difficult for dealers to get licenses. Ron Bengochea, resident, expressed concern with vehicles for sale parked on Ball, Brookhurst and Euclid Streets remarking this caused traffic and safety related problems as buyers stopped mid - street to take a look at the vehicles. He added dealers should be required to sell their cars in lots. Brian Chuchua remarked the DMV should enforce the regulation which prohibited dealers from selling vehicles on city streets or Anaheim's code enforcement should tow and impound the vehicles with the fines covering the cost of enforcement program. Mayor Pro Tem Eastman remarked the first public speaker brought up the issue of selling alcoholic beverages at service stations, asking that staff clarify the proposed change to the ordinance. Ms. Vander Dussen responded that currently the zoning ordinance specified that the sale of alcoholic beverages from gas stations was limited to a six pack of beer and four pack of wine; however the code also stated that in order to sell alcoholic beverages the gas station operator had to obtain approval of a conditional use permit. By removing this provision from the code, she emphasized, staff was not making it easier to sell alcoholic beverages at gas stations City Council Minutes of August 20, 2013 Page 17 of 19 as owners would still be required to get approval for a conditional use permit and go through a public hearing process with the Planning Commission placing conditions on the permit if necessary. Ms. Eastman inquired how other cities tackled this issue, expressing distress that 85 -95 percent of DMV's complaints regarding auto sales were coming out of the City of Anaheim. Ms. Vander Dussen replied only Anaheim and Stanton allowed office -use only dealers to operate by right. Most other cities required auto sales to be conducted on a minimum sized lot so dealers would not be able to sell from an office location and in general, were controlled by a conditional use permit. Mayor Tait did not believe a requirement for a conditional use permit would solve the problem of dealers or non - dealers selling vehicles on public streets, wondering why the city did not enforce the law and have those vehicles towed. Council Member Kring remarked she had received complaints on this issue for years but felt the CUP was too onerous, asking why a limited parking restriction could not be used. She suggested having those vehicles towed on a six month trial basis and determine its effectiveness before considering a requirement for a conditional use permit. Referencing the sale of alcoholic beverages at service stations, Council Member Kring understood that the profit margin on operating a gas station was small and the sale of grocery goods, beer and wine helped with revenue stream, adding that beer and wine was available at any retail pharmacy or grocery store. Council Member Murray remarked she was open to the suggestion raised, however, she pointed out, parking time limitations had already been explored with the result it pushed car sales to other parts of the city. She added this was clearly an issue the city could not afford to ignore indefinitely. Mayor Pro Tern Eastman remarked she would be supportive of asking staff to reduce the cost of conditional use permits versus instituting a six month trial resulting in street sign expenses citywide. Council Member Murray remarked time, research and effort went into this report, the Planning Commission reviewed it and the city worked with the affected businesses involved. She noted it also dealt with an issue that had been problematic from the court standpoint; i.e. it had been ruled unconstitutional to limit signage pertaining to auto sales in vehicles on public streets which left the city trying to monitor an industry that was having an impact on the quality of life in Anaheim. Discussion was held on whether the city had jurisdiction to ban people from selling multiple cars on public streets with Mr. Houston, City Attorney, indicating he did not have a definitive answer to that question. Mayor Tait remarked this amendment, in his opinion, created an undue burden on small businesses suggesting that it be tabled for six months and staff be asked to focus on enforcing existing law and to find an alternative solution. Council Member Brandman inquired if dealers occupying the same offices, whether wholesalers or retailers, could bundle the CUP process to make it more affordable. Ms. Vander Dussen responded staff could process a single master conditional use permit for dealers on a property and the owner of that building could then charge a share of the permit off to those renting his offices. She noted the CUP would run with the land and as long as they continued to operate in compliance with the terms and conditions, the CUP would be valid and any new dealers could take the place of any dealers who left. Council Member Murray requested Planning Commissioner Faessel share insights the Commission considered when hearing this code amendment. Mr. Faessel responded, of great importance in the Commission's deliberations was the testimony from David Powers, DMV, who stated that 90 percent of enforcement issues for cars sold on public streets occurred in Anaheim. With that said, the Planning Commission felt there must be some way to arrive at a different model because the current program was not working and enforcement was not happening. With 119 office -use only dealers the city was aware, he added, of a great number of City Council Minutes of August 20, 2013 Page 18 of 19 complaints from residents and driving on Ball Road, he pointed out, multiple vehicles could be seen all with the same telephone number on the for sale sign, obviously a business of some type whether permitted or not. The Commission felt this amendment was a reasonable method to go forward, although the amortization time pushing back the compliance date to 2015 was a concern. Mayor Tait asked if Mr. Powers addressed whether the sellers were ever licensed to begin with and Mr. Faeseel responded that in a fair percentage of investigations he conducted, there had been no permit to operate as a licensed auto dealer. Mayor Tait stated Garden Grove had that problem and fixed it with signage and he did not believe that adding a conditional use permit to the process would solve the problem and it would be a burden to businesses operating correctly. He added if the DMV would allow Anaheim to enforce that law and charge a fine to those in violation, the enforcement program would be paid for and was a more efficient way to accomplish the city's goal. Discussion continued at some length on these differing viewpoints until the following actions were made. In the interests of moving forward with the uncontested portion of this code amendment, Council Member Kring then recommended those sections of the ordinance relating to California Vehicle Code (Sections 5, 10, 14, 17 30 and 54) be removed, seconded by Mayor Tait. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. Council Member Kring then moved to introduce the ordinance as amended [removal of sections relating to the California Vehicle Code (Sections 5, 10, 14, 17, 30 and 54), seconded by Mayor Pro Tern Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried and the ordinance as amended was introduced. Mayor Tait moved to continue the bifurcated sections for six months (Sections 5, 10, 14, 17, 30 and 54) and direct staff to begin enforcement based existing laws, seconded by Council Member Kring. Roll Call Vote: Ayes — 1: Mayor Tait. Noes - 4: (Council Members: Brandman, Eastman, Kring and Murray.) Motion Failed. Council Member Murray moved to introduce the bifurcated sections (Sections 5, 10, 14, 17, 3C and 54), seconded by Mayor Pro Tern Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Eastman and Council Members: Brandman, Kring and Murray.) Noes — 1: Mayor Tait. Motion Carried and the Ordinance was introduced. Report on Closed Session Actions: None Council Communications: Council Member Brandman spoke of his attendance at the Anaheim Family Fitness Festival at Ponderosa Park, hosted by Senator Lou Correa and Assemblyman Tom Daly and his attendance at the first Eid Festival in downtown Anaheim. He announced the Anaheim Halloween Parade Spaghetti Dinner Fundraiser at Tony's Deli on August 21S and Anaheim High School's Alumni Association sponsor of a Salute to Fallen Heroes on September 11. He wished everyone a happy Labor Day. Council Member Murray announced the City was recognized by Prevention Magazine as one of the Top 25 Healthiest and Happiest Cities in America. She announced the "Beat H.E.A.T." (Human Exploitation and Trafficking) community event on September 8 th at Twila Reid Park and City Council Minutes of August 20, 2013 Page 19 of 19 the Free Movie Night at Pearson Park on August 23 She further announced the Anaheim Chambers Women's Division was accepting nominations for the Annie Accolade award and wished everyone a happy back -to- school week and a safe and happy Labor Day weekend. Council Member Kring spoke of her attendance at the Anaheim Family Fitness Festival at Ponderosa Park and Eid Festival, the celebration of the end of Ramadan. She talked of her attendance at the 75 Anniversary of the Republic Women Federated of Orange County and requested a proclamation in recognition of their anniversary and work in Southern California be prepared. She highlighted the work of Anaheim Hills Rotary Club and announced their free concert at Oak Canyon Center on August 25 and the upcoming Oktoberfest. She congratulated the Anaheim Public Utilities and Convention Center for their collaboration on the solar panel project, the largest in the region and also requested a resolution designating Friday as "Wear Red Day" in honor of our veterans serving here and around the world. Mayor Pro Tern Eastman recognized Sergeant Bob Dunn, Sergeant Geary, Control Assistant Rick Jones and volunteer Burt Crawford for going above and beyond their duty to assist Mrs. Clay during the passing of her husband. She spoke of her attendance at the Anaheim Family Fitness Festival at Ponderosa Park and announced the Orange County Fest of Ales & Beer Run 5K in need of volunteers. She further requested staff look into increasing neighborhood council meetings to 8 -10 per year and wished everyone a happy Labor Day weekend. Mayor Tait spoke of his attendance at the following events: Anaheim Family Fitness Festival, Illumination Foundation Carnival for Kids, Anaheim Stake Church of Latter Day Saints picnic, Multicultural Music Festival and the Eid Festival, with over 5,000 attendees, thanking the Dalati family for getting this celebration going. He requested staff look into extending the walkway /trail for pedestrians on Santa Ana Canyon Road from Mohler to the Festival Shopping Center and to also explore a transition lane to enter the express lanes from Anaheim to the 91 westbound freeway that created a huge bottleneck in that area. Mayor Pro Tern Eastman responded that she communicated the Mayor's request to OCTA and would follow -up with him soon on the response adding it would go a long way to alleviating congestion on the 91 Freeway and allow Orange County residents to take advantage of those express lanes. ADJOURNMENT: With no other business to conduct, Mayor Tait adjourned the August 20, 2013 council meeting at 9:37 P.M. in recognition of Elmer and Genevieve Thill on their 75 Wedding Anniversary. Respectfully submitted, P "Y�6<�o Linda N. Andal, CIVIC City Clerk