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09/01/2015 ANAHEIM CITY COUNCIL REGULAR AND REGULAR AJOURNED MEETING OF SEPTEMBER 1, 2015 The regular meeting of September 1, 2015 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 September 1, 2015 was called to order at 4:01 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda and related materials were duly posted on August 28, 2015. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris Murray and James Vanderbilt. STAFF PRESENT: City Manager Paul Emery, City Attorney Michael Houston and City Clerk Linda Andal. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Mayor Tait recessed to closed session for consideration of the following items. CLOSED SESSION: 1. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Chris Chase, Jason Motsick Name of Employee Organizations: Anaheim Police Association, Anaheim Fire Association 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 (b) of the California Government Code) Title: City Attorney, City Clerk and City Treasurer 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Chris Chase Name of Employee Organizations: City Attorney, City Clerk and City Treasurer At 5:15 P.M., Mayor Tait reconvened the City Council meeting. INVOCATION: Pastor Morris Dulaney, Word of Faith Pentecostal Church FLAG SALUTE: Council Member Kris Murray PRESENTATIONS: Presentation to Mike Ogle, Public Works Operations Superintendent, Ayumi Takayasu, Public Works Streets And Sanitation Manager, Robert Gomes, Public Works Operations Supervisor, Issis Macias, Public Utilities Resource Program Specialist, and Matthew Letteriello, Senior Code Enforcement Officer, and Oakwest Landscape for going above and beyond City Council Minutes of September 1, 2015 Page 2 of 19 Sandra Sagert explained how Public Works, Public Utilities and Code Enforcement staff came together to resolve an issue involving an elderly woman's code violation for having a barnan, dirt parkway. Recognizing this resident was on a fixed income and had no means to address her code violation, staff from each department worked jointly to come up with a solution with Oakwest Landscape generously donating artificial turf and staff coordinating the installation. Both the resident and her neighbors were appreciative of this act of kindness and generosity and each member of that joint team were recognized by the city and by Congresswoman Mimi Walters for going 'above and beyond." ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming September 2015, as Alcohol & Drug Addiction Recovery Month OC Health Care Agency, Mitch T., thanked the city for the proclamation remarking that nearly 50 percent of individuals diagnosed with severe mental illness were affected by substance abuse. He added in his 40+ years working with the County; he had seen amazing transformations with people becoming respected members of society. Proclaiming September 2015, as Childhood Cancer Awareness Month Proclaiming September 2015, as Childhood Obesity Awareness Month Scott Kelly announced that on behalf of more than 8,000 employees and physicians at Kaiser Permanente (KP) Medical Center and the many community-based organizations the KP staff worked with to try to reduce childhood obeo/ty, he accepted the proclamation. He emphasized that the Boys and Girls Club of Anaheim, the Anaheim Community Foundation, the Anaheim Family YMCA, the Tiger Woods Foundation, the Hi Neighbor Community Gardens and Kid Health, all of these organizations that KP worked collaboratively with supported healthy eating and active living to slow the epidemic of childhood obesity. Proclaiming September 2015, as National Ovarian Cancer Awareness Month Julia Molesky reported the goal of the Ovarian Cancer/OC Alliance was to help save women's lives by increasing early awareness of the symptoms of ovarian cancer, often referred to as the silent killer because the symptoms were so commonplace and as yet there was no screening method for early detection. Proclaiming September 201 5, as National Preparedness Month Fire Chief Randy Bruegman remarked the theme for 2015 was "Don't Wait, Communicate," and the focus this year was for everyone to take some responsibility to prepare in the event there was any type of mjor disaster. Resiliency was about being prepared individually so that members of the community could then help one another. Proclaiming September 11, 2015, as Patriot Day and National Day of Service and Remembrance Fire Chief Bruegman invited the community at attend Patriot Day at the Anaheim Convention Center on September 11th, 9:00 A.M., to reoognize, remenlber, and reflect on the 9/11 tragedy, a day that changed the course of this country. City Council Minutes of September 1, 2015 Page 3 of 19 Proclaiming September 2015, as National Senior Center Month Gail Strachan, Anaheim Senior Citizen's Club, thanked Council for recognizing National Senior Month. She reported on the three senior centers in the city, the many activities and events they participated in and urged the community toouppo� their annual fundraiser, a Holiday Boutique held on Novennber6m and 7th. Proclaiming September 13 - 19' 2015. 88International Housekeepers Week John Kalinsky, Anaheim K8arriott, accepted the proclamation on behalf of the housekeepers and staff that took pride in their work and were acknowledged as ambassadors for Anaheim. Proclaiming September 8, 2015, as International Literacy Day Audrey Lujan, City Librarian, remarked literacy was central to the public library mission and a number of technological advancements and enhancements had been made over the past years. Spanish language books had been added to the e-book collection, funded by the Library Foundation and the Kiwanis of Greater Anaheim. In addidon, any resident could learn 80 languages and practice English from 50 different languages through Pronunoiato[, a new service offered to the community. She added that the library division would continue to support adult literacy through OC Tutoro, with a dedicated study room at the Central Library as well as the Children's Literacy programming which this year drew over 86,000 young participants. She thanked Council for supporting the libraries and the patrons they served. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk, Linda Andal. Cecil Jordan Corcoran, Outreach Homeless Ministries, read from the scriptures. Jodie Mosely, West Anaheim Neighborhood Counci|, addressed concerns related to the motels on Beach Boulevard and Twila Reid Park. She remarked there were 90 organizations that helped the homeless in Anaheim and those who wanted help could get it, hoxvever, the rest took advantage of incentives given in her neighborhood and nearby residents had lost their rights to the transients. She urged the city to support Council Member Murray's proposal for the motels on Beach Bou|evard, i.e., the three strikes propoem|, recommending closing down the restrooms which were now being used by the homeless for showers, !@undry, and to use drugs. Lastly she remarked Buena Park's efforts on Beach Boulevard were sucoessfu|, and she hoped for similar outcome in West Anaheim, pointing out there was no entertainment offered. no Starbucks, no Farmer's yWo[heta, no grocery store and no dog park. Dwayne Stnut, namident, spoke in opposition to Item No. 21, permit parking for Candlewood G1reet, stating the permits would not solve the problem as the source of the spillover parking was the trailer park located across the street with inadequate on-site parking. He recommended requiring the trailer park to provide parking on their site, an effort that was possible with the removal of a few units. He added should Council approve the item, he suggested a two year period for the permit parking progra[n, during which time the trailer park could develop on-site parking. City Council Minutes of September 1,2015 Page 4 of 19 Pat Soldaro underscored that over ten years ago this month, there had been an ancient landslide collapse in the Arroyo Ridge community and the neighborhood had been living with half a house, slabs, rodents and now vandals for a decade. His community had numerous meetings with the City Manager, City Attorney and Public Works staff throughout the years with no resolution and he presented a packet of material to substantiate his remarks. He added the lots were at the entrance to Arroyo Ridge neighborhood, an eyesore that had devalued their properties and a liability that no developer wanted to assume because the economics of any development made no sense. He urged the city to revisit the site and help restore the community, even if the alternative was simply for open space. Mayor Tait requested the City Manager and City Attorney arrange a meeting with representatives of Arroyo Ridge and himself to figure out what legally the city could and should do. June Hamze, West Anaheim resident, remarked the impacts of the homeless had worsened since Mayor Tait visited the area two years ago. The park was no longer a community park, residents could not walk down the street at night, and home break-ins regularly occurred. She added that churches delivered food to the homeless which served to worsen the impact on her neighborhood, asking that this practice be stopped. Mark Ulves, Arroyo Ridge [}rive, remarked the neighborhood believed they had been shuffled around with no light at the end of the tunnel. With the possible advent of an El Nino this year, he was fearful that the tons of soil backed up on Arroyo Drive could lead to a potential landslide endangering the neighborhood below. He urged the city to address this problem now. Mark Carlisle remarked that after moving next to Twila Reid Park 18 months ago, the neighborhood had deteriorated; i.e., both his cars had been broken into and many of his neighbors had reported thefts related to the transients that congregated in the park. He had seen marijuana smoked in the park, new graffiti every day, and transients bathing in restrooms, doing their laundry and drying it on park benches. He had taken photos of the graffiti and shopping carts filled with debris receiving a hostile response from the homeless. He urged a solution be found. Theresa Carlisle, West Anaheim, remarked she was fearful of going into the park, emphasizing the residents in her neighborhood were taxpayers and should be valued as much as those in east Anaheim and the resort areas. She wanted to see change and to have a safe park, not just an area that was a threat to her family. |rinoK8e|i(mynammrkedthmt she had been working with code enforcement on the Marketplace because of noise problems. She emphasized that for 14 years there had never been a problem until the new owner took over and the noise from truck deliveries became unbearable. She had moved out of her home and rented it twice, but the tenants could not abide by the noise. She asked Council to come up with a solution as code enforcement efforts were not working and submitted a petition from 25 residents in support of her request. Lou Noble remarked there was an epidemic of chronic homelessness nationwide and if Anaheim did not open up safe zones and shelters it would only worsen the community's misconception and fear of the homeless. He offered various facts from the National Alliance of Homelessness, ending with the statement that permanent supportive housing largely or totally offset costs associated with emergency room visits, law enforcement support, court time and incarceration. City Council Minutes of September 1, 2015 Page 5 of 19 R. Joshua Coffins, Homeless Advocates for Christ, remarked he was homeless by choice as part of his ministry to encourage the homeless to live better. Phillip Schwartze, representing Paul Duran and ParkVue Inn, thanked the city for the consideration given to the hotel's location and the new alignment alternative proposed for the trolley car transit system. New plans were now being processed through the city, increasing the room count to 182, with a new contemporary design with a pool and deck area on the 7th floor overlooking Disney fireworks display. He looked forward to seeing Council at the grand opening in two years, again expressing appreciation from Paul Duran and Skelso Hospitality Group for Council's consideration of their request. Cynthia Hall, neoidant, spoke to the problem occurring in West Anaheim in Maxwell Park, near the Haskett Library. She stated the city spent a significant amount of money improving the library and redoing Maxwell Park, but now a number of homeless individuals were taking up permanent residence in the park. The tables and grills had now been removed, neighbors no longer used the park to walk dogs or for picnics, and this past Memorial weekend cars had been broken into and an officer had come to her door at 10:45 PM to tell her a man was sleeping on her roof. She emphasized her quality of life had been impacted, and thanked Officer Edgar Hamilton for working directly with the community and helping to make a difference. Ron Bengocheo, residen1, addressed his comments to Agenda Item No. 16, remarking he was against the trolley and believed it would create more problems than alleviate them. Instead of spending an additional $1.3 million on the trolley system, he urged Council to use the funds to improve neighborhoods. William Fitzgerald addressed his comments to the Mayor and Council Members, voicing his opposition to a number of decisions related to Disney and the GOALS organization. James Wilke, Rome Avenue, spoke to the issues occurring in Twila Reid Park remarking he would no longer let his grandchildren visit the park because it was not safe. He shared that this August a prowler had come into his yard and jumped over the fence due to the nighttime sweep of the park by officers. In add)Uon, his truck had been broken into twice while parked in his driveway and he simply wanted to see the park return to the safe place it once was. Maurine Wilke, Rome AVenue, remarked she was one of the homeowners that backed up to Twila Reid Park and no longer felt safe in the neighborhood due to the homeless situation. She was thankful for the police support they had received but longed for a change for the better. Kim Williams remarked it had been about a year ago when Disney put in a new playground in the Twila Reid Park and since that time the new benches had been tagged and etched. When she inquired of a police officer if laws were being broken because of the food being brought to the homeless in the parho, the officer explained Prop 47. The officer indicated he would visit the Baptist Church and request they bring the homeless to their facility for meals rather than passing out food in the park. June Jackson, W. La Palma, spoke about her background with the Los Angeles County Sheriff's Department as an employee and whistle blower and the ongoing electronic harassment she faced from a neighbor and by the Sheriff's Department and its impact on her. City Council Minutes of September 1, 2015 Page 6 of 19 John Leos, resident, spoke in support of a resolution to create a line item in the budget to help schools in Anaheim. He was involved in a baseball league and spoke of the difficulty in finding practice fields and hoped Council could work out an agreement for joint use of school facilities and give his team an opportunity to win games against some of the more affluent teams. Peter Orivmo, property manager for Arroyo Ridge in Anaheim Hills, requested the city's assistance in addressing the fact that ten years ago one of the Arroyo Ridge homes slid down and pulled an adjacent home with it. From that point on there had been half a house remaining on the lot, an eyesore that brought down property values and was a temptation for local youth to use. He was concerned that a potential El Nino winter would bring weather that could impact the slide area and cause a public safety concern for the homes below. He requested a meeting be scheduled to get the property owners together and come up with a simple solution. Alan Walker, S. Lassen Court, reported he had lived in west Anaheim since 1968 and could attest to the drug deals that went on in Twila Reid Park between the homeless and the high school etUdents, reporting he had called the Police Department when he witnessed the events. He also had personal property stolen from his home that was on video and had actually considered moving away from the area to a safer neighborhood. Mario Moreno spoke in support of the AUHSD request to work jointly to find solutions for open space use for the community with some financial support for maintenance of those open space areas. Annmarie Randle-Tjo, AUHSD Board, reported the District did a good job of maximizing funds, using creative ways and collaborations. She supported a partnership with the city of Anaheim and the District, offering the city a copy of a resolution that had been unanimously approved by the AUHSD board. She asked that Council agendize this item for consideration and become a true partner in helping the school district serve all of its citizens. Al Jabbar, AUHSD Board, added the AUHSD resolution called for the city to create a line item in their budget to fund building maintenance and supplemental programs in the District in exchange for opening up District facilities for community use, such as the Sycamore Junior High School fields. The second component of the resolution called for the city to encourage corporate business partners to invest in schools directly through supplemental programs such as visual and performing arts and ath|eUcs, programs that would directly impact Anaheim's youth. Maritza Garonimo, Loara High School 2014, spoke of the GEAR UP Program that provided her with the tools to achieve higher education through workshops, college fieldtrips and large scale conventions. Most importantly, it gave her the knowledge that she could go to college. Without that program, she added, she would not have known college was an option and was the reason she believed it was so essential to keep on funding. Francisco Avila Pino, P{ata||a High School 2014, spoke of the partnership the AUHSD had with GEARUP, a program that invested time and support in motivating students to reach for higher education. He talked of his accomplishments and his activities as a Fullerton College student trustee and why he supported the AUHSD resolution that invested in the future of students through a partnership with the city. City Council Minutes of September 1, 2015 Page 7 of 19 Jose ChacVn, Anaheim High School 2012, remarked he was pursuing a political science degree at the University of California Riverside, and was here to speak in support of the AUHSD resolution. He emphasized the line item budget was needed to ensure pnognarns, clubs, organizations, sports and facilities had sufficient funding and were up to date to enable students to grow and give back to their community. Alicia Quezada, P{ate||a High School 2008. spoke in support of the AUHSD resolution explaining that not all schools had the most current up-to-date books and not all students had access to computers or chrome books. She encouraged partnerships with corponaUuna, remarking the city promoted economic development with benefits to its corporations and it was crucial that businesses also partner with schools to promote high standards and help fund the cuts in public education. Tom Gorrell, Kate||o high school teacher, commented while the challenges of many of his students were |arga, the vast majority wanted to make their parents proud. He added kids like Frank Pino in the GEAR UP program and Gustavo Hernandez with the FAST PITCH program were impressive in their accomplishments. He supported the proposal made by the AUHSD to collaborate with Anaheim and its corporate partners and invest in the students in Anaheim. Martin F|ores, Loara High School 2013, remarked he was here to support and request the city's commitment to providing financial support to Anaheim schools through a line item in the annual budget. He added investments made in him as a student encouraged him to give back to his conlnnunity, a positive outcome of programs promoting higher education and future success. Former Senator Lou Correa spoke in support of the proposed AUHSD resolution and accompanying city of Anaheim line item budget. He urged Council to continue to do great things for the city of Anaheim and to figure out ways of leveraging revenues and joint use of school facilities for weekend and after-school use. He looked forward to seeing a proposal to build a pool at the Anaheim High Schoo|, a plunge that could be used by the pub|io, by the high school students and by Anaheim's disabled veterans. Those pool plans had been set aside because of budgetary issues but he believed if the school district and city of Anaheim worked together, that pool could add value for all Anaheim taxpayers. He urged the city to maximize its dollars by bringing in more revenues from 8acrannmOtO, pointing out that the Santa Ana River Conservancy had $20 million embedded that could be leveraged to create more value for Anaheim citizens. Betsy Montague, Rome Avenue, emphasized her yard backed up to Twila Reid Park and offered the following recommendations: interview janitors and find out if bathrooms were actually being used by any persons other than the homeless, and if not, then lock the bathrooms as was done in 2004 when there was a gang problem in the park, increase patrols at night, close the park earlier, realize that when police sweep the parhs, the homeless pile into cars or jump over neighborhood fences. In addition, have a pject manager assigned to the park, and join the neighborhood website where residents posted their issues, comments and concerns. Mark Daniels, neeidant, suggested opening the West Gate proposed shopping center at Beach Boulevard/Lincoln for homeless outreach and alleviate the use of city parks. The problem was not going away any time soon and he wanted the city to recognize and address each neighborhood's concerns. City Council Minutes of September 1,2015 Page 8 of 19 Chad Christianson, Holiday Street resident that bordered Twila Reid Park, stated Council had heard about the crime, the vandalism, the homelessness and the drugs, pointing out this area was no place for he and his wife to raise a family. His solution was to put his house up for sale and move out to Yorba Linda where he could now raise his daughter safely. He urged Council to talk to police officers, code enforcement, and residents and find a solution to make the area safe; otherwise, others would consider his solution. Maria Rosa de Guzman, spoke in support of the AUHDS adding that many people worked long hours and could not make the meeting to express their support, but that the city's effort was appreciated on behalf of the youth. Cynthia Ward addressed Item No. 14, asking where the city would find the funds to build the fire station. She stated the staff report referred to the Convention Center bonds that contained a surplus $20 million of which $10 million had already been spent for neighborhood improvements and $10 million was earmarked to pay Turner Construction for delays alleged to be related to the CATER litigation. She pointed out that through public records requests (copies of which she provided to the Council), she found that the money had not yet been paid to Turner and was still under negotiation, contrary to statements made by staff to the court and asked again how the city would fund the fire station construction. An individual spoke to Anahaeimneedsimprovement.com blog and to address concerns regarding the land parcel purchase in Agenda Item No. 14. He was concerned that the irregular shape of the parcel could not achieve its intended use as a fire station and asked for clarification of that purchase before Council voted on the item. He also emphasized that city government should be a safety net and not the first solution for funding proposals, adding school districts should look elsewhere for financial assistance, possibly revisiting bond refinancing to save future interest costs. Irma Mendoza, through a Spanish interpreter, remarked she had moved from Beach Boulevard in west Anaheim, had lost her job and her home, and was now homeless. She continued to volunteer in the community and urged City Council to bring solutions to the table. She supported Mayor Tait and Council Member Vanderbilt and hoped those volunteers hours walking precincts was appreciated and would bring about change. Marisa Ramirez, resident of west Anaheim, attended and graduated AUSD schools, and understood from experience the needs of the schools due to financial cuts they received over the past years. She urged the city to make investing in schools a priority and to support the AUHSD educational partnership resolution by putting it on a future agenda for approval. Phil Stamp, Glen Holly Drive, remarked the real issue was controlling the parks and if bringing food in the parks for the homeless was behavior the city did not want, a sign that stated "No distribution of food in the park" should be put in place, a practical solution and a place to start. He believed that measure should be followed by community meetings to get ideas flowing and finding and implementing solutions that worked for all. Victoria Michaels, resident, addressed her comments to Item No. 15, asking Council to reject any further funding for the Anaheim Rapid Connect project. She added until the Public Works Department submitted a detailed report on the work already funded, the $1,300,000 million should not be approved. She felt a better use of this money was for the Anaheim Union High School District and their financing aide request. City Council Minutes of September 1, 2015 Page 9 of 19 With no other speakers, Mayor Tait closed the public comments. He emphasized that Council could not address in detail items not on the agenda per state law, adding that items could be placed on a future agenda for discussion. COUNCIL COMMUNICATIONS: Mayor Tait responded to comments regarding West Anaheim, specifically the homeless issues at Maxwell Park and Twila Reid Park and the need to ensure laws were upheld. He highlighted a pilot program with the Illumination Foundation and the County of Orange which was aimed to address homeless issues. He added that they were working on a pilot project for Maxwell Park which he would encourage expanding to Twila Reid Park as well. He requested staff return to Council with a staff report for discussion relating to the concerns raised this evening for Beach 0Vu|evard, Maxwell Park and Twila Reid Park. In response to the resolution recently passed by the AUHGO, he furtherSeptember requested staff return to Council on September 15th with a staff report to create a line item in the budget to provide certain financial support to anhopls, above and beyond fields and faci|ideS, and to identify the programs and services the city was already providing as well. Mayor Pro Tern Kring requested staff look at creating dog parks at Twila Reid and Maxwell Ped«a, emphasizing the benefits already seen in reductions in crime and homelessness due to the continuous use of those parks by dog owners and the socialization that often occurred. She also requested staff speak to the Baptist Church to stop providing meals to the homeless at Twila Reid Park pointing out that Garden Grove churches regularly invited the homeless to their sites for breakfast, lunch and goody paohages, a way to make a difference without impacting residents of nearby parks. Council Member Murray responded to comments regarding West Anaheim, asking that code enforcement programs be ramped up and for policies to be drafted to strengthen code enforcement at motels; i.e., specifically her request for a stringent policy for hotel managers and operators that allowed felony violations, human trafficking or drug use on their properties (the three strikes proposal). She also requested staff create a policy to establish development zones in West Anaheim to bring about comprehensive improvements with funds being reinvested in the area so that by the end of the year, there would be specific opportunities for Council to consider in the future. Regarding ARC, she pointed out the street car and its $1.3 million funding was not coming from the general fund and was specifically private funds from the Anaheim Tourism Improvement District that could not be used elsewhere. Related to the Mayor's request to the AUHSD neso|uti0n, she asked for a comprehensive report to include all of the joint use funding programs in place today as well as corporate contributions. She also requested a resolution for Council consideration at the next meeting that encouraged school districts to include greater opportunities for charter schools and to support those charter school opportunities as the Anaheim City School District did with the GOALS Academy. CITY MANAGER'S UPDATE: None CONSENT CALENDAR: At 7:52 P.K8., Mayor Pro Tern Kring removed Item No. 3 from the consent calendar for further discussion and Council Member Vanderbilt pulled Item Nos. 14 and 16. Council Member Brandman then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as pnaoented, in accordance with neports, certifications and recommendations furnished each city council member and as listed on the consent ca|andor, seconded by Mayor Pro Tern Kring. Roll Call Vote: Ayes— 5: (Mayor City Council Minutes of September 1,2015 Page 10 of 19 Tait and Council Members: Brandman, Kring, Murray and Vanderbilt.) Noes— 0. Motion Carried D116 1. Approve recognitions to be presented at a later date declaring October 18-24, 2015 as "Freedom from Workplace Bullies Week" and recognizing the 35th Anniversary of the SENECA OC Canyon Acres Guided Animal Intervention Therapy Program. D180 2. Accept the bids from Vector Aerospace Helicopter Services Inc., Airbus Helicopter, Inc., and Heli-Mart, Inc., authorize Master Agreement purchase orders for aircraft parts and repair services on an as-needed basis subject to budget appropriations for the Police Air Support Division for a one year period with two one-year optional renewals and authorize the Purchasing Agent to exercise the optional renewals, in accordance with Bid #8524. 4. Award the construction contract to the lowest responsible bidder, Micon Construction AGR-9202 Inc., in the amount of$383,465, for the Circle Park project, adopt a California Environmental Quality Act finding of categorical exemption, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 5. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the D180 Purchasing Agent to issue a purchase order to Scott Technologies (dba Scott Safety), in the amount of$92,535 plus applicable tax, for the purchase of 17 thermal imaging cameras and related accessories for the Anaheim Fire Department. D180 6. Authorize the Purchasing Agent to issue a change order to the existing Master Agreement with Arrow International to increase the annual agreement to $50,000 in order to purchase additional intraosseous infusion equipment "EZ-IO" required by the Anaheim Fire Department, and grant the Purchasing Agent the authority to revise the contract amount, as needed, for future contract renewal years, in accordance with the approved budget appropriations for each applicable year. D180 7. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a Master Agreement to Multimedia Integrated Technology, Inc. (dba Integrated Technology), in an amount not to exceed $108,000, for telephone system maintenance and repair services for a one year period with four one-year renewals subject to available budget appropriations and to exercise the renewal options. AGR-9203 8. Approve the appointment of Kristine Ridge to the position of Assistant City Manager and direct the City Manager to execute the related Employment Agreement. 9. Reappoint Claudia Lara, Kevin Curtis, and Paula Barton to the Anaheim Workforce B105 Investment Board, to four-year terms ending September 1, 2019, representing the business sector. D128 10. Approve the fiscal year 2014/15 write-off of uncollectible miscellaneous accounts receivable totaling $946,372. D128 11. Approve and authorize the Public Utilities Department fiscal year 2014/15 net write-off of uncollectible utility accounts totaling $828,318. City Council Minutes of September 1, 2015 Page 11 of 19 AGR 9204 12. Approve an agreement with GHD, Inc., in an amount not to exceed $600,000, for the Master Plan of Sanitary Sewers for West Anaheim Area 2015 and authorize the Director of Public Works, or her designee, to take the actions necessary to implement the agreement. AGR-9205 13. Approve the Agreement for Acquisition of Real Property with Amador Villarreal and Aidee Villarreal, in the amount of$11,000, for the sale of property at 1772 South Caroleen Lane and approve a Grant Deed and Covenant to Hold Properties as a Single Parcel. 15. Approve the Design and Engineering Services Agreement with Michael Baker AGR-9207 International, in an amount not to exceed $293,000, for the Master Plan of Storm Drainage for south and east Santa Ana River tributary areas. 17. Authorize the Public Utilities General Manager, or designees, to take all actions required D182 by the California Code of Regulations (CCR), Title 20 (Public Utilities and Energy) to prepare, certify, execute, and submit California Energy Commission Report Form 1386 for City of Anaheim's wind generating facilities and to take all actions required by CCR, Title 14 (Natural Resources), Title 17 (Public Health), Title 20 (Public Utilities and Energy), Title 22 (Social Security), and Title 23 (Waters) as well as Title 40 of the Code of Federal Regulations (Environmental Protection), all as amended from time, including, but not limited to, any and all documents, notices, disclosures, plans, reports, forecasts, filings, certifications, attestations, and declarations which are necessary, appropriate, advisable, or required to demonstrate past, present, and future compliance with regulations, rules, or programs for which the Public Utilities Department has or will have an obligation to undertake and/or report. 18. RESOLUTION NO. 2015-247 A RESOLUTION OF THE CITY COUNCIL OF D182 THE CITY OF ANAHEIM authorizing the Public Utilities General Manager or designee to sign and file an application on behalf of the City of Anaheim with the California State Water Resources Control Board (SWRCB) for financial assistance under its Water Recycling Funding Program; designating the Public Utilities General Manager or designee to provide the assurances, certifications and commitments needed for the application; authorizing the Public Utilities General Manager or designee to accept such financial assistance as may be provided; authorizing the Public Utilities General Manager to enter into a financing agreement with SWRCB and carry out the City's responsibilities under such agreement; determining that these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to guideline sections 15301 and 15303; and amending the Public Utilities department budget for fiscal year 2015/2016 and subsequent fiscal years as appropriate. RESOLUTION NO. 2015-248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manager or designee to sign and file an application on behalf of the City of Anaheim to the California State Water Resources Control Board (SWRCB)for financial assistance under its Water Recycling Funding Program; designating the Public Utilities General Manager or designee to provide the assurances, certifications and commitments needed for the application; authorizing the public utilities general manager or designee to accept such financial assistance as may be provided; authorizing the Public Utilities General Manager to enter into a financing agreement with SWRCB and carry out the City's responsibilities under City Council Minutes of September 1, 2015 Page 12 of 19 such agreement; and amending the Public Utilities Department budget for fiscal year 2015/2016 and subsequent fiscal years as appropriate. P178 19. RESOLUTION NO. 2015-249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting irrevocable offer of dedication of certain real property for street and public utility purposes and the dedication of a public utility easement (Parcel Map No. 89-420). P124 20. RESOLUTION NO. 2015-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deeds Nos. 11894, 11895 and 11896). D175 21. RESOLUTION NO. 2015-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating Candlewood Street from Kenwood Avenue northerly to end of the cul-de-sac as "Permit Parking Only" street within Permit-Eligible Parking District No. 31 ("Kenwood, Norwood & Candlewood"). C280 22. ORDINANCE NO. 6342 (INTRODUCTION)AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the of the Anaheim Municipal Code relating to zoning based upon the finding and determination that said amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the State CEQA Guidelines (Reclassification No. 2015-00281) (DEV2015-0068) (2300 South Lewis Street and 2237 South Manchester Avenue; Portion of Ponderosa Mobile Home and RV Park). D114 23. Approve minutes of the Council meeting of August 4, 2015. END OF CONSENT CALENDAR: AGR-9201 3. Award the construction contract to the lowest responsible bidder, Horizons Construction Company International, Inc., in the amount of$1,132,000, for the Dog Park at Olive Hills Park project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Mayor Pro Tern Kring explained she had been requesting the creation of dog parks since 1999 and was very appreciative of staff's efforts at developing the Olive Hills Dog Park. She added the $1,132,000 cost included improvements to Olive Hills Park; i.e., a prefabricated restroom building, expanded parking lot area and fencing, a dog run, a park enclosure with agility equipment, decomposed granite walkways, synthetic turf, and native plant landscaping as well as a low water irrigation system. MOTION: Mayor Pro Tern Kring, moved to approve Agenda Item No. 3, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt.) NOES—0. Motion Carried. City Council Minutes of September 1, 2015 Page 13 of 19 14. Approve the Assignment of Commercial Property Purchase Agreement and joint escrow instructions with Uptown Anaheim LLC for property at 2540 East La Palma Avenue, AGR-9206 accept the conveyance of real property by grant deed and authorize the City Clerk to deliver the Certificate of Acceptance to escrow, and authorize the Director of Public Works, or her designee, to execute any other documents and take the necessary actions to close escrow (ACQ2015-00683). Public Works Director Natalie Meeks reported this item would approve the purchase of land for a fire station to be built and the relocation of another fire station in line with the Fire Department's Strategic Plan to increase response times. She noted there was a limited area to find property suitable for this use and this site was available and underdeveloped which reduced the price. She indicated an appraisal was conducted and through negotiations with the property owner, a price had been negotiated that was slightly more than the appraised value but a fair purchase price given that the owner was originally asking for a substantially higher price. She indicated the odd configuration of the site was considered in the appraised value and the city was not paying for the full value of the stubs, adding that the site did provide enough space for a fire station. Council Member Vanderbilt requested clarification on the ingress/egress for fire trucks with ire Chief Bruegman remarking there were two main points of access, one off the Sunkist route (an alley to the property) and the other at the front of the building. He noted there was a stub that ran between the 711 and the service station and he would anticipate one of those property owners potentially purchasing that stub for their own use. He stated the main access for response/return would most likely be off La Palma and would mirror the Twila Reid Park Station 11, explaining staff took the footprint of that station and overlaid it onto the site and depending on how it was laid out, the trucks would enter from the back of the station pointing towards La Palma. Council Member Vanderbilt was curious whether there might be a traffic impact on La Palma eastbound in case the trucks had to maneuver. Ms. Meeks responded there was enough space on the site to make a U-turn, come in a driveway, drive through the fire station and park and when the truck exited it would use a different driveway (a circular route through the station). Mayor Tait remarked one of the earlier speakers mentioned that the Convention Center project was $10 million over budget due to a delay claim from Turner Construction caused by litigation and if that project came in over budget, it would shrink the amount of funds budgeted for the fire stations. Ms. Meeks responded staff continued to negotiate that claim to get the amount down to reflect Turner's true costs for the delay, adding there was a contingency built into the Convention Center cost estimate and staff was working to keep all additional costs within the design/build contingency. Mr. Emery added the Convention Center project budget and the fire station budget were stand-alone items, budgeted independently. Mayor Tait understood that but believed it was prudent to not go forward with the fire stations at this time. He also believed there were more pressing needs for the city to address rather than relocating an existing station and constructing a new one. Council Member Murray stated that the proposed station was in an area that needed to be served and that public safety should be the Council's priority and stated her support of the item with Mayor Pro Tem Kring concurring that improving response times by 50 percent was a necessary goal. MOTION: Mayor Pro Tern Kring moved to approve Agenda Item No. 14, seconded by Council Member Murray. City Council Minutes of September 1,2015 Page 14 of 19 ROLL CALL VOTE: AYES —4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt). NOES — 1: Mayor Tait. Motion Carried. AGR 7379.A 16. Approve the First Amendment to Agreement with Hill International, Inc., in an amount not to exceed $1,300,000, for additional services for the Anaheim Rapid Connection Fixed- Guideway project and authorize the Public Works Director to issue a Notice to Proceed. Natalie Meeks, Public Works Director, reported this item was a request to amend the Hill International contract, the consultant working on the environmental documentation for the street car project. She indicated Council adopted the street car as the locally preferred alternative (LPA) based on the study conducted in 2012 and last year, the environmental was paused based on City Council's direction to return with an alignment that did not impact the ParkVue Inn property and to find a route along Disney Way that was an alternative to going through private property. Since that date, staff had evaluated potential routes and station stops on Disney Way. Staff and identified an alignment to be evaluated in the environmental documentation and also looked at modifying the LPA alignment between Clementine and Harbor Boulevard, including removing the Transit Center component of the Resort Station Stop to reduce the amount of right-of-way needed for the stop, as well as modifying the location of the bridge across Harbor Boulevard and the maintenance facility site. She pointed out there were some restrictions with the Edison power lines that crossed Harbor near Disney Way and the developed properties with changing ownerships, new developments being announced and built, in effect, acting as a moving target as staff tried to define the appropriate alignment. She announced it was now a good time to move forward. The proposed amendment to the City's agreement with Hill International, Inc. would increase the agreement amount by $1,300,000 to conduct the following additional activities: • Locally Preferred Alternative Refinement — analysis would evaluate refining the LPA alignment between Clementine Street and Harbor Boulevard north of Disney way, along with the pedestrian bridge crossing over Harbor Boulevard and the Vehicle Storage and Maintenance Facility west of Clementine. This would also include evaluation of the Resort Station design with no transit center and would include looking at a future station stop on Harbor between Disney Way and Katella. Staff would work with Disney Corporation who had purchased the Odetics property along Manchester as they moved forward with their development. • Disney Way Alignment Alternative — analysis would evaluate the addition of the Disney Way option to provide a connection between Clementine and Harbor and would include the streetcar running in the curb-side lanes on the north and south sides of Disney Way. It would also include Disney Way station stops on the north and south sides of Disney Way and the proposed pedestrian bridge across Harbor Boulevard north of Disney Way, a specific location yet to be determined. • Vehicle Storage and Maintenance Facility Alternative — an alternative location for this site would be evaluated for a site in the Platinum Triangle along Katella Avenue. • At the ARTIC station, there was an optional design for a stop to be evaluated, with the stop remaining in the same location with the LPA except that the grade level of the tracks would be elevated from the parking lot to the same level as the Metrolink and Amtrak platform. Ms. Meeks indicated the ARC ridership numbers for 2035 were developed through the LPA process and reflected 176,000 annually for Metrolink, 74,000 for Amtrak and 821,000 for Resort City Council Minutes of September 1,2015 Page 15 of 19 area guests using the system to connect to different destinations within that corridor. She pointed out these were 2035 numbers in anticipation that the California High Speed Rail would be in Anaheim by that year. She explained the environmental process had been underway and additional public input would be needed for the new alignments requiring both a CEQA and NEPA document because federal funding was anticipated for the project. The key project dates reflected the current environmental status, moving into engineering and final design between 2017 and 2019, anticipating construction in 2019 to 2021 with an operational system in 20212. Regionally, as staff worked on this project, Ms. Meeks reported OCTA had taken over the Santa Ana/Garden Grove street car project, renamed it the OC Street Car and was reflective of a model staff anticipated for the City of Anaheim going forward. Once environmental clearance had been received, the city could look at requesting OCTA to take over the project for the capital and operation, if desired. She noted the OC Street Car connected Santa Ana's transportation center through their downtown and over into Garden Grove and their agreement with OCTA stated Santa Ana would provide 10 percent of the net operating costs for that system. She added that OCTA was also considering a corridor study along Harbor Boulevard to determine the appropriate transportation system to offer services to that high transit use corridor, one of the highest in the county. Furthermore, the city of Fullerton was also looking at a street car system that would connect their transportation center to some of the destinations and to the college with OCTA studying how to connect all those systems in the future. Council Member Vanderbilt remarked that he was not supportive of the language regarding preliminary engineering in the staff report as it appeared the city was deciding by default to go forward with the project because funds were allocated towards that component. It was his understanding that once the EIR was completed and a policy decision was made to go forward with the project, then monies could be expended for engineering costs. Ms. Meeks responded that the OCTA agreement identified how much money was to be allocated to the environmental phase and how much would be available to spend on preliminary engineering. She stated that staff was not allowed to spend engineering funds until the environmental documentation was approved by Council and the OCTA Board authorized the city to move forward. She added Hill International could not move into preliminary engineering until they received a separate Notice to Proceed. She indicated the agreement between Hill and the city included both the environmental and preliminary engineering but they were two separate phases requiring separate approvals. She pointed out that at the time the city was getting proposals for the work, it made sense to have one firm do the environmental and preliminary engineering if the city was not going to do the entire project. Once the environmental was complete and should Council decide not to go forward with the project, the Hill contract could be terminated with no obligations. Mayor Tait asked why year 2035 was used to develop ridership numbers with Ms. Meeks replying that staff followed the FTA rule because they were anticipating pursuing New Starts dollars and it was their requirement to model their ridership assessments based on a 20 year perspective. He asked how much money had been expended in the planning stage so far, with Ms. Meeks responding about $5.3 of the $8.9 million was for the elevated system initially, and then the study moved on to the street car analysis. Mayor Tait emphasized that was $3.6 million for the street car analysis with staff requesting an additional $1.3 million. Mayor Tait commented that the project would cost over$300 million for a street car that traveled three miles from ARTIC to Disneyland or to the Convention Center and back, a significant cost even if City Council Minutes of September 1,2015 Page 16 of 19 the ridership assumptions came true. He also believed it would not improve congestion on Katella and might make it worse because lanes were dedicated to the trolley rail. He recommended moving people around in a rubber-tired alternative or spending more money on transit to get people to and from work in the Resort District at a fraction of the cost. For those reasons he would vote against this item believing it was a waste of money at this current time and that the project would never get built. Council Member Murray thanked staff for working the last six months at Council's direction to bring back a plan that would not require eminent domain and would allow for a pedestrian option, a change from what was proposed as part of the locally preferred alternative. She asked staff to also identify the cost savings that would be achieved by not having to take property on Harbor Boulevard and to make sure that was part of any final report as well as any other cost savings that could be achieved at this point in time, so that the per mile cost was in line with what was adopted by OCTA for the city of Santa Ana. Mayor Pro Tern Kring remarked that Santa Ana and Garden Grove were already in line for OCTA and FTA grant funding with Fullerton expressing some interest in having a connection to their transportation system and she wanted to ensure Anaheim was in line for the same funding. Natalie Meeks added that it was important to note this was a three mile connection but it also offered people options for using regional rail to get to Anaheim's destination areas. It was about taking cars off the freeway, reducing those longer trips, and reducing congestion on a regional basis. She added the last mile connection was always a struggle for people using rail and that was what staff was trying to solve in the densest area of the city. Mayor Pro Tem Kring emphasized with the expansion of the Convention Center to be completed in 2017, bigger and larger conventions were anticipated and with NAM in January with 90,000 or more people and Natural Products in March with 80,000 people, this alternative would eventually alleviate that congestion. Mayor Tait pointed out that the city already had such a service with ART that offered a shuttle service for trains taking them to the Convention Center or Disneyland. He added that he had been told that between 24 —40 people a day used that alternative, a figure he believed was relevant as to how many people go from Metrolink, Amtrak, ARTIC today to Disneyland or the Convention Center. MOTION: Council Member Vanderbilt moved to approve the amendment to the Hill International agreement excluding language pertaining to preliminary engineering, seconded by Mayor Pro Tern Kring for purposes of discussion. DISCUSSION: Ms. Meeks stated staff could add that it would require City Council approval to move into the preliminary engineering phase after environmental approval which would provide the protection Council Member Vanderbilt was seeking. Mayor Pro Tern Kring asked if the $6.9 million for preliminary engineering was removed, would that potentially cost more to add it back in later with Ms. Meeks indicating if an additional process was needed there could potentially be additional costs if a separate firm was added later. Council Member Murray requested the City Manager comment on the motion as to whether there would be any liability encumbered by the city if substantive changes were made. Paul Emery, City Manager, remarked that the city currently had a contractual agreement with Hill for the completion of the EIR and then upon OCTA and City Council approval, could move onto the preliminary engineering component that had been negotiated in the RFP process for selection of a consultant. He believed safeguards were in place with respect to Council moving forward on the next phase. City Council Minutes of September 1, 2015 Page 17 of 19 AMENDED MOTION: Mayor Pro Tern Kring then moved to amend the prior motion to include the language pertaining to preliminary engineering, seconded by Council Member Brandman. DISCUSSION: Council Member Murray remarked staff's recommendation was to move forward with the amendment for the EIR phase of the Hill agreement and upon the completion of that environmental docurneOtadoO. Council and OCTA would make a determination on whether or not to go forward to the next phase. She was also concerned about changing an agreement that had been negotiated in good faith and she believed safeguards were in place to address Council Member Vanderbilt's concerns. ROLL CALL VOTE: AYES— 3: (Mayor Pro Tern Kring and Council Members Brandman and Murray.) NOES —2: Mayor Tait and Council Member Vanderbilt. Motion to amend the first motion carried. City Attorney Houston remarked that now the main motion to approve the first amendment to the agreement as presented by staff was now on the floor. Mayor Pro Tern Vanderbilt moved to approve the First Amendment to the Agreement as presented by staff, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES— 3: (Mayor Pro Tern Kring and Council Members: Brandman and Murray). NOES — Mayor Tait and Council Member Vanderbilt. Motion Carried and Item No. 14 was approved as presented. 24. Consider an appointment to the Budget, Investment and Technology Commission to fill two unscheduled vacanciestermsendinQJuna2017an� June2O1�� B105 30, 30, ' Community Services Board to fill an unscheduled vacancy, term ending June 30, 2017; and Public Utilities Board to fill an unscheduled vacancy, term ending June 30, 2019. BUDGET, INVESTMENT AND TECHNOLOGY COMMISSION APPOINTMENT: Avelino Valencia (unscheduled vacancy of Abdulmageed Abdu|nohrnan, term ending June 30, 2017) Council Member Brandman nominated Avelino Valencia who was unanimously appointed to the Budget, Investment and Technology Commission. APPOINTMENT: Billie Joe Wright (unscheduled vacancy of Daniel Fierno, term ending June 30, 2019> Council Member Brandman nominated Billie Joe Wright who was also unanimously appointed. COMMUNITY SERVICES BOARD APPOINTMENT: Patricia Pina (unscheduled vacancy of Roberto Baaza, term ending June 30, 2017) Mayor Pro Tern Kring nominated Patricia Pina who was unanimously appointed to the Community Services Board City Council Minutes of September 1,2015 Page 18 of 19 PUBLIC UTILITIES BOARD APPOINTMENT: Ernesto Medrano (unscheduled vacancy of Diane Quezada-Singer, term ending June 30, 2019) Council Member Vanderbilt nominated John Leos and Council Member Murray nominated Ernesto Medrano. Straw vote for Mr. Leos reflected AYES —2: Mayor Tait and Council Member Vanderbilt; ABSTENTIONS —3: Mayor Pro Tern Kring and Council Member Murray and Brandman). Straw vote for Ernesto Medrano reflected AYES—4: (Mayor Pro Tern Kring and Council Members: Brandman, Murray and Vanderbilt). ABSTENTIONS— 1: Mayor Tait. Mr. Medrano was appointed to the Public Utilities Board. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS: Council Member Brandman wished everyone a Happy Labor Day and Rosh Hashana. Council Member Murray requested staff provide a report clarifying Anaheim Union High School District's resolution relating to their request for funding from cities. She reiterated her earlier requests relating to supporting schools through the city's budget as well as a resolution encouraging school districts to support charter schools. She spoke of the 100 Chances mentoring program and Volunteer Luncheon on September 4, the Halloween Parade Fundraiser on September 19, and requested the meeting adjourn in memory of Illinois Lt. Joseph Gliniewicz and Texas Deputy Darren Goforth, both who passed away in the line of duty. She further requested recognition be placed on the agenda to honor law enforcement, fire fighters and military for their service. Council Member Vanderbilt shared he met with Rio Vista residents regarding the homeless shelter proposal and requested staff return to Council with an update on the homeless initiative. He also spoke of his attendance at the Caterina's Club 10th Anniversary, and that he was particularly impressed with Mayor Pro Tem Kring's comments honoring the White House and Mr. Bruno's fund raising efforts on behalf of Caterina's Club. Mayor Pro Tern Kring spoke of her attendance at the Caterina's Club 10th Anniversary and the Southern California Transportation Coalition Summit, Ability 21 Summit. She also requested the meeting adjourn in memory of Memphis Police Officer, Sean Bolton. She read an update from Crime stoppers relating to the recent Anaheim incident with vandals and provided a description of the outstanding person. She announced the Anaheim and Orange County Volunteer Fair on October 1 at ARTIC, the 9/11 Memorial Service at the Convention Center Plaza on Sept. 11, and recognized the work of Superior, a graffiti removal company for the city Mayor Tait spoke of his attendance at the Big 10 Mayor's Conference regarding transportation infrastructure. City Council Minutes of September 1,2015 Page 19 of 19 ADJOURNMENT: At 9:17 P.M., Mayor Tait adjourned the September 1, 2015 city council meeting in memory of Illinois Lt. Joseph Gliniewicz, Texas Deputy Darren Goforth and Memphis Police Officer, Sean Bolton Re:•ettfully submitted, 104-- Linda N. Andal, CMC City Clerk