Loading...
05-09-17_Action ANAHEIM CITY COUNCIL ACTION AGENDA May 9, 2017    ORDER OF BUSINESS: Public sessions of all regular meetings of the City Council/Successor Agency to the Redevelopment Agency/Housing Authority/Public Financing Authority/Public Improvement Corporation begin at 5:00 P.M. Public hearings begin at 5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted. Closed sessions may be preceded by one or more public workshops. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. Not all of the above agencies may be meeting on any given date. The agenda will specify which agencies are meeting. All meetings are in the Anaheim City Hall, Council Chambers 200 S. Anaheim Blvd., Anaheim, CA 92805 or such other location as noted.  REPORTS: All agenda items and reports are available for review in the City Clerk’s Office, the Central Library and www.anaheim.net. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours.  PUBLIC COMMENTS: Prior to the business portion of the agenda, the City Council and all other related agencies meeting on such date will convene in joint session to receive public comments regarding any agenda items or matters within the jurisdiction of any such governing bodies. This is the only opportunity for public input except for scheduled public hearing items. The Mayor or chairperson will separately call for testimony at the time of each public hearing. The City uses speaker cards that should be submitted to the City Clerk (Please note, speaker cards are not required; everyone will have an opportunity to address the Council). The time limit established for public comments is three minutes per speaker unless a different time limit is announced. Testimony during public hearings is subject to the following time limits: Project applicant or issue initiator: twenty minutes for initial presentation and ten minutes for rebuttal; Residents within the noticed area of the subject property: ten minutes; All other members of the public: three minutes. Public hearings regarding legislative matters: five minutes. The Mayor or chairperson may limit the length of comments during public hearings due to the number of persons wishing to speak or if comments become repetitious or irrelevant. Pursuant to Government Code Section 54954.2(a)(2), no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.  ADDITIONS/DELETIONS: Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council or Agency.  CONSENT CALENDAR: Consent Calendar items will be acted on by one roll call vote unless members, staff or the public request the item be discussed and/or removed from the Consent Calendar for separate action.    SERVICIOS DE TRADUCCION: (TRANSLATION SERVICES: SEE LAST PAGE OF AGENDA FOR DESCRIPTION IN ENGLISH) La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su petición en el podio. No tiene que usar los servicios de interpretación de la Ciudad; las personas pueden proveer su propio intérprete, si lo desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los intérpretes puedan traducir a un dialecto o regionalismo en particular y rehúsa cualquier responsabilidad que surja de tales servicios. Para servicios de interpretación en otros idiomas, comuníquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada. Tom Tait Mayor James Vanderbilt Mayor Pro Tem At Large Kris Murray Council Member At Large Denise Barnes Council Member District 1 Dr. Jose F. Moreno Council Member District 3 Lucille Kring Council Member District 4 Stephen Faessel Council Member District 5 200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net 2 May 9, 2017 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA May 9, 2017 3:00 P.M. Call to order the Anaheim City Council. 3:07 P.M. 3:00 P.M. - WORKSHOP Fiscal Year 2017/18 Preliminary Budget (Citywide Overview and Administrative Departments) PUBLIC COMMENTS ON WORKSHOP: 5 speakers ADDITIONS\DELETIONS TO CLOSED SESSION: Acting City Attorney Kristin Pelletier reported Item No. 8 pertained to potential litigation related to TOT recovery from a motel. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: 2 speakers Recess to closed session. 4:48 P.M. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Susan Craft v. City of Anaheim, Eastridge Services, LLC, et. al., Orange County Superior Court Case No. 30-2016-00828548-CU-PO-CJC 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Rogelio Molina v. City of Anaheim, et. al., Orange County Superior Court Case No. 30-2015-00823602-CU-OE-CJC 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Energy EPT v. City of Anaheim, Orange County Superior Court Case No. 2017- 00901333 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Powerhouse Patients Alliance, Inc. dba Orange County Patients Collective v. City of Anaheim, Orange County Superior Court Case No. 2017-00895858 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Hemp Factory, Inc. v. City of Anaheim, Orange County Superior Court Case No. 2017-00915309 6. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Jason Motsick, Acting Human Resources Director 3 May 9, 2017 Name of Employee Organizations: Anaheim Firefighters Association, Local 2899, International Brotherhood of Electrical Workers, Local 47, and Teamsters, Local 952 7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the California Government Code) Property: 1370 S. Sanderson Ave, Anaheim CA (Anaheim Equestrian Center) and APN 253- 601-02, a parcel located at the northwest corner of Katella and Douglass. Agency Negotiator: Paul Emery, City Manager Negotiating Parties: H&S Ventures, City of Anaheim Under Negotiation: Price and Terms of Payment Regarding Lease and/or Purchase 8. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case. Reconvene Anaheim City Council. 5:22 P.M. 5:00 P.M. Invocation: Rabbi Joel Berman, Temple Beth Emet Flag Salute: Council Member Dr. Jose Moreno Presentations: Lion’s Club Youth of the Year Acceptance of Other Recognitions (To be presented at a later date): Proclaiming May 7-13, 2017, as Public Service Recognition Week Proclaiming May 14-20, 2017, as National Prevention Week Proclaiming May 15-19, 2017, as Bike to Work Week Proclaiming May 15, 2017, as Peace Officers Memorial Day Proclaiming May 14-20, 2017, as Women Veteran’s Week ADDITIONS/DELETIONS TO THE AGENDA: Item No. 12: Staff removed the item. Item No. 20: Staff requested the item be continued to May 23. PUBLIC COMMENTS (all agenda items): Public Comment by 24 speakers. COUNCIL COMMUNICATIONS/AGENDA REQUESTS: None CITY MANAGER’S UPDATE: City Manager Paul Emery announced the schedule for the FY 2017-18 budget workshops, including six community meetings to be held throughout the city to garner community input on the budget process. 4 May 9, 2017 5:00 P.M. - CITY COUNCIL 7:01 P.M. Item pulled for discussion: Mayor Pro Tem Vanderbilt: Item No. 10 MOTION: ____LK/KM___ Waive reading in full of all ordinances and resolutions and adopt the consent calendar. Approved vote: 7-0 (Item Nos. 7 and 11: Mayor Tait recorded a potential conflict; Approved Vote: 6-0-1; Ayes: Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and Faessel; Abstain: Mayor Tait. Item No. 9: Council Member Barnes declared a potential conflict; Approved Vote: 6-0-1; Ayes: Mayor Tait and Council Members Vanderbilt, Murray, Moreno, Kring, and Faessel; Abstain: Council Member Barnes). CONSENT CALENDAR: 1. Approve a recognition recognizing Taller San Jose Hope Builders on their one year anniversary of their Anaheim location. 2. Approve the 2017-2020 Workforce Innovation and Opportunity Act Local Plan and the Orange County Regional Workforce Plan and authorize the Mayor to execute the plans and modifications thereto, and related documents. 3. Accept the bid from Western Audio Visual, in the amount of $334,923.36 plus applicable tax and freight, for the Traffic Management Center Media Wall Update Project for Public Works, Engineering Division and authorize the Purchasing Agent to issue a purchase order, in accordance with Bid #8908. 4. Accept the bid from FC & Sons Roofing, Inc., in the amount of $120,096 plus 20% contingency, to remove and replace the metal roof on the Downtown Community Center and authorize the Purchasing Agent to issue a purchase order, in accordance with Bid #8922. 5. Accept the bid from P.R.E. Sales, Inc., in the amount of $225,520 plus applicable tax, for the purchase of folding tables for use in meeting and banquet rooms of the expanded Anaheim Convention Center and authorize the Purchasing Agent to issue a purchase order, in accordance with Bid #8884. 6. Award the contract to the lowest responsible bidder, Shawnan Company, in the amount of $769,063, for the Gilbert Street Improvements Project from Crescent Avenue to 690 feet north of La Palma Avenue, authorize the Finance Director to execute the Escrow Agreement, and determine the project is categorically exempt under the California Environmental Quality Act. 7. Accept an award of funds, in the amount of $1,962,000, by the County of Orange Board of Supervisors, approve and authorize the City Manager to execute an agreement with the County of Orange for the provision of vocational training activities for the period of July 1, 2017 to June 30, 2020, and authorize the Interim Workforce Development Manager, or authorized representative, to administer the agreement, and any amendments thereto. Item No. 7 Motion LK/KM Approved Vote: 6-0-1 (Mayor Tait recorded a conflict; Ayes: Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and Faessel; Abstain: Mayor Tait). 5 May 9, 2017 8. Determine that the Lincoln Avenue 16" Water Main Project (Project) is categorically exempt from the California Environmental Quality Act pursuant to Sections 15302(c) and 15303(d) of Title 14 of the California Code of Regulations, award the contract to the lowest responsible bidder, Ferreira Construction Company, Inc., in the amount of $2,059,782, for proposed Project, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 9. Approve the Anaheim Tourism Improvement District FY 2015/2016 Annual Reports for the marketing and transportation component funds. Item No. 9 Motion LK/KM Approved Vote: 6-0-1 (Council Member Barnes recorded a conflict; Ayes: Mayor Tait and Council Members Vanderbilt, Murray, Moreno, Kring, and Faessel; Abstain: Council Member Barnes). 10. Approve the First Amendment to Lease Agreement with Growth Opportunities through Athletics, Learning and Service (GOALS) to include the use of property located at 1104 N. Homer Street to expand the GOALS community garden to conduct outdoor gardening and environmental educational opportunities for area youth and families. Item No. 10. Discussion. Motion: JM/LK Approved Vote: 7-0 11. Approve the First Amendment to Lease Agreement with Regents of the University of California, in the annual lease amount of $1 per year, extending the current agreement for an additional three years with two one-year optional extensions for City-owned property located at 300 Carl Karcher Way (formerly 300 W. Romneya Drive) to continue an accessible and comprehensive primary medical care clinic within the City and authorize the Director of Community Services Director to exercise the extension options. Item No. 11 Motion LK/KM Approved Vote: 6-0-1 (Mayor Tait recorded a conflict; Ayes: Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and Faessel; Abstain: Mayor Tait). 12. Staff requests continuance to May 23, 2017. Waive Council Policy 4.1 and approve and authorize the City Manager to execute and administer Professional Services Agreements with JSPR, Public Relations, Writing and Marketing; Urban Field Studio, LLP; Greenhaus, Inc.; and CSG Advisors, in a maximum compensation amount not to exceed $150,000 per agreement, for on-call services in project management, financial, architectural, and public relations development and economic development strategies through December 31, 2018 with three one-year optional extensions (continued from Council meeting of April 25, 2017, Item No. 20). Item No. 12 Withdrawn by staff. 13. Determine that the Alderdale Avenue and Maychelle Drive Water Transmission Main Replacement Project (Project) is categorically exempt from the California Environmental Quality Act pursuant to Sections 15302(c) and 15303(d) of Title 14 of the California Code of Regulations, award the contract to the lowest responsible bidder, T.E. Roberts, Inc., in the amount of $1,917,035 for the proposed Project, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 6 May 9, 2017 RESOLUTION NO. 2017-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting a certain deed conveying to the City of Anaheim certain interests in real property (City Deed No. 12103) (Acquisition payment, in the amount of $21,500; easement deed on vacant land at northeast corner of 91 freeway and Riverdale Avenue). 14. RESOLUTION NO. 2017-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the updated City of Anaheim Hazard Mitigation Plan and approving submittal of the Hazard Mitigation Plan the State of California Governor’s Office of Emergency Services and the Federal Emergency Management Agency and rescinding Resolution No. 2011- 035. 15. RESOLUTION NO. 2017-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the City of Anaheim Emergency Operations Plan and approving submittal of the Anaheim Operations Plan to the State of California Emergency Management Agency and rescinding Resolution No. 2011-139. 16. RESOLUTION NO. 2017-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM initiating proceedings for the annual levy of assessments in, and accepting an Assessment Engineer's Report for, the Anaheim Resort Maintenance District. RESOLUTION NO. 2017-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to provide for an Annual Levy and Collection of Assessments in the Anaheim Resort Maintenance District, and setting a time and place for the public hearing thereon (Public hearing scheduled for June 6, 2017 at 5:30 P.M.). 17. RESOLUTION NO. 2017-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the acceptance of a Southern California Association of Governments (SCAG) Sustainability Planning Grant Award, in the amount of $225,000, to prepare an existing conditions and opportunities analysis for the Center City Corridors Plan; authorize the Planning and Building Director or his designee to execute all documents required to accept the grant funds; amend the budget for the appropriate fiscal years to reflect said grant award; and, determine that these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to guideline section 15306. 18. ORDINANCE NO. 6409 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 4.100 to Title 4 of the Anaheim Municipal Code (Commercial Marijuana Activities and Outdoor Cultivation) to prohibit commercial marijuana activities and ban the outdoor cultivation of marijuana in the City of Anaheim and determining pursuant to the California Environmental Quality Act (CEQA) that this ordinance is not a project pursuant to Sections 15060(c)(2), 15060(c)(3) and 15378 of the CEQA Guidelines (Introduced at April 25, 2017 meeting, Item No. 33). 19. ORDINANCE NO. 6410 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2016-00301; DEV2016-00109) (729 North East Street; rezoning the property from “RM-3” Multiple-Family Residential zone to “RS-2” Single-Family Residential zone). 7 May 9, 2017 20. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing Chapter 15.03 and adding new Chapter 15.03 to Title 15 of the Anaheim Municipal Code pertaining to California Building Standards Codes. ORDINANCE NO. (INTRODUCTION) AN ORDINANCEOF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing existing Chapter 16.08 and adding new Chapter 16.08 to Title 16 of the Anaheim Municipal Code pertaining to California Fire Codes. Determine that the proposed ordinances constitutes a project falling within the definition of Categorical Exemptions, Section 15061 (b) (3), as defined in the State CEQA Guidelines and are, therefore, categorically exempt from environmental review and authorize the City Clerk to schedule a public hearing on said ordinances for June 6, 2017 and to publish notice of said public hearing pursuant to Section 50022.3 of the California Government Code. Item No. 20 Item continued to May 23. 21. Waive Council Policy 4.1 and approve an agreement with Jonathan Price Design, in an amount not to exceed $40,000 annually, to design the Anaheim magazine and other graphic communications for a term of one year with two one-year optional renewals and authorize the City Manager, or his designee, to execute any related documents to administer the agreement. 22. Approve minutes of the City Council meeting of December 13, 2016. Land Use - Zoning END OF CONSENT CALENDAR 7:15 P.M. 23. District 1 appointment to the Community Services Board to a term ending December 31, 2020. Community Services Board District 1 appointment: __Tierra Wilson__________ (December 31, 2020) 24. Receive supplemental and amended information from the City Manager’s Office regarding the 1996 Resort Revitalization Agreements, specifically information on Measure B related to transient occupancy tax. Item No. 24 Discussion. No Action. Report on Closed Session Actions: Acting City Attorney Kristin Pelletier reported with respect to Item Nos. 3, 4, and 5, Council voted 7-0 to authorize the filing of cross-complaints against the plaintiffs, Energy EPT, Powerhouse Patients Alliance, Inc., and Hemp Factory, Inc. Council Communications/Agenda Requests: Council Member Faessel expressed gratitude to his colleagues, staff, the County, and Mercy House for the dedication and opening of the year-round homeless shelter; acknowledged Sir Bruno Serato as the recipient of the humanitarian award at the American Red Cross OC Heroes Luncheon; reported his attendance at the 4th Annual Kids Giving Back fundraiser at Farmers Park in support of music education 8 May 9, 2017 and the Cinco de Mayo breakfast at La Palma Park; highlighted summer programs provided by the Community Services Department including Pearson Park Theater events; and announced the WAND BBQ. Mayor Pro Tem Vanderbilt reported his participation and attendance at the Love Anaheim event at Magnolia High School, the Juliette Low Elementary garden ribbon-cutting ceremony, the 6th Annual Relay for Life event at Canyon High School, and a garden exhibition on Resh St. highlighting the owner’s participation in many City programs to better her home and the surrounding community. He requested a discussion of Council Policy 1.5, Special Event Financial Support, on the next agenda. Council Member Barnes announced the WAND BBQ at Twila Reid Park on Saturday, May 13 and the CityNet meeting regarding the homeless at the Central Library on May 10. For the next agenda, she requested a discussion and action to approve an RV ordinance. Council Member Moreno recognized Youth in Government Day; announced the next meeting of the Welcoming Anaheim Task Force on May 26 and the presentation from USC Center for Immigrant Integration; thanked Jay Burress and AUHSD Superintendent Michael Matsuda for meeting about partnerships between local schools, Visit Anaheim, and the tourism industry; reported on his attendance at the community meet-and-greet with State Senator Josh Newman, 29th District. Council Member Moreno extended his thanks to a number of city employees and community members for their work and attendance at various events including the May Day Mass and March, the neighborhood clean-up at Little Peoples Park; the Kids Give Back fundraiser; and tour of the St. Jude Neighborhood Clinic at Richmond Park. He further recognized the Sycamore Junior High School for their visual and performing arts program and wished all mothers a Happy Mother’s Day. Council Member Kring acknowledged the Sycamore Jazz Band and thanked the Public Works Department for their installation of new water pipes on Loara. She requested a report on the lights at Palm Lane Park at the June 6th meeting, removed her request for a vote on Anaheim as a Sanctuary City, reported her attendance at the opening of Bridges to Kraemer, announced the Taste of Anaheim event on May 11, requested the meeting be adjourned in memory of fallen police officers, and wished everyone a Happy Mother’s Day. Council Member Murray offered comments regarding the County’s first year-round, full-service homeless shelter, Bridges at Kraemer Place. She acknowledged the Anaheim Ducks and wished them well on Game 7 and requested two items for the next agenda: 1) discussion and action to move off-consent and public hearing items to the front of the agenda, followed by the consent calendar, and 2) to codify as part of the parliamentary rules that all members of Council be limited to three minutes of commentary, including questions, on any individual agenda item. She also requested a formal recognition of Palm Lane School parents for their advocacy on behalf of their children’s education for the June 6 meeting and wished everyone a Happy Mother’s Day. Mayor Tait announced the formation and meeting of the Beach Blvd. Coalition of mayors, and other entities to energize and revitalize Beach Blvd., reported his attendance at the Next Up Foundation arts awareness festival, wished everyone a Happy Mother’s Day, and expressed his support of the Anaheim Ducks. Adjournment: 8:40 P.M. in memory of police officers who died in the line of duty. Next regular City Council meeting is scheduled for May 23, 2017. 9 May 9, 2017 All agenda items and back-up materials are available for review at the Anaheim City Clerk’s Office, www.anaheim.net and the Central Library. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the City Clerk’s Office either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5166, no later than 10:00 AM on the day preceding the scheduled meeting. TRANSLATION SERVICES: Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) is also available to anyone addressing the Council by stating your request at the podium. The use of city provided interpreters is not required and persons are welcome to use their own interpreter. Because many dialects and regionalisms exist the City cannot guarantee that interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability alleged to arise from such services. For translation services in other languages, contact the City Clerk’s office no later than 48 hours prior to the scheduled meeting. POSTING STATEMENT: On May 5, 2017, a true and correct copy of this agenda was posted on the kiosk outside City Hall, 200 S. Anaheim Blvd. Internet Access to City Council/Successor Agency to the Redevelopment Agency/Housing Authority agendas and related material is available prior to City Council Meetings at www.anaheim.net.