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05/23/2017ANAHEIM CITY COUNCIL REGULAR MEETING I OF MAY 23, 2017 The regular meeting of May 23.2017was called to order at3:O7P.M.iDthe chambers of Anaheim City Hall, located at2OOS.Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on May 19, 2017. Mayor Tom Tait and Council Members: James Vanderbilt, Denise Barnes, Jose F. Moreno, and Stephen Faeamei Council Members Lucille Kringand Kris Murray (Council Member Murraywas absent during the workshop and closed session but present for the regular City Council session.) STAFF PRESENT: City Manager Paul Emery, Acting City Attorney Kristin Pelletier, and City Clerk Linda Andal. FISCAL YEAR 2017/18 PRELIMINARY BUDGET (POLICE DEPARTMENT AND FIRE & RESCUE) WORKSHOP Police Chief Raul [)ueZ8d8reported hewould present details Ofaddressing the Department's goals, overview, core services, preliminary proposed budget, personnel, sworn personnel, notable changes, opportunities, and highlights ofaccomnp|iehrn8nts. Chief{]ueazsda explained his department's responsibility was to deliver public safety and police services to the city in a manner to uphold its pnofesaiona|, results -oriented approach in a fiscally responsible and accountable fashion while also addressing unforeseen events each year. He reported the department followed the three guiding tenets of Community, Teamwork, and Excellence toform the cornerstone ofstructuring aservice delivery model, coordinating efforts, and allocating resources to deliver core services of responding to emergency and non -emergency crimes and thneato, provide customer service during calls 0oaction, work with residents to investigate crimes and reduce violence and crimes while striving for excellence, and strengthening community trust through collaborative partnerships with nomidants, schools, businesses, and outside organizations. Chief C2uezad@displayed photos and charts depicting the department's operating budget as approximately 996 of the City's total bUdget. with an additional $5 million consisting of the Federal Urban Area Security Initiative (UASI), a grant used to fund the Anaheim/Santa Ana urban area for the next fiscal year, along with the operating budget comprising 43% of the City's General Fund ({3F). In terms of revenue, Chief Quezada explained the department was largely supported by the GF, restricted grants, restricted asset forfeiture funds, and user fees. Hedisplayed agraph showing personnel costs comprising over 83% of the operating budget, inclusive of full-time, overtime, and part-time payroll costs ofdeploying officers 24hours per day, 365days per year along with other associated personnel needs, highlighting the duties of officers and other department employees. He added that criminal investigations, dignitary visits, demonstrations, other incidents need police services, and approximately 16.3% of the budget covered other operating expenses, with some discretionary decision making regarding equipment purchases trainin@, and equipment rep|ocennent, some of which is State -mandated and necessary for accountability. Hereported current staffing levels of8B4sworn officers with four additional fully - reimbursed po|iceofficere.vvhichifapproved'xvi||beamsignedtoResortPo|ioinQTeamm. Additionally, the proposed budget includes the final segment ofthe 4D-iO-4initiative, Cfwhich nine officers will be assigned to Patrol, if approved. Hefurther explained the department anticipated City Council Minutes ofMay ZlZ017 Page 2 of 34 an increase to the 25 million annual visitors to the city due to the expansion of the Disney Resort, so the proposed four reimbursed positions were essential to meet the increased policing demands and would provide greater capability for the Resort Team Uzaddress those needs inthe Resort without drawing other resources from the department. Chief (]Uez@d@then showed achart comparing Anaheim's Police Department toother cities in the state regarding full-time employees per 1.0O0residents and achart specific tosworn employees per 1,000 residents, showing that with the average daily population of the city, including visitors, other cities far exceed Anaheim's officer per capita number. Hastated the core services of the department were to protect life and propertv, fill an essential role in the criminal justice system, and engage the community to identify strategies and methods to reduce and prevent crime. He highlighted achievements over the past year, including: • improved emergency response plans to better prepare officers and first responder in managing the first moments ofacritical incident; • expanded Orange County Human Trafficking Task Force to locate and rescue vicitimes, focused onjuveniles; • increased implementation of body work cameras to detectives and investigative staff in addition to p8tn]| officers; • patrol augmentation to supplement front line staffing and reducing back fill overtime; • developed a new mentor program for teenagers at the Orange County Family Justice System provide role models and to |i8h*n and talk with the vulnerable in the community; p focus oncrime prevention, including engaging the youth through asports coaching program and expanded child safety seat inspection; and • partnered with the County and private sector in opening the Bridges at Kraemer homeless shelter. Chief Quezada stated the department was enhancing and improving customer service, implementing advances intechnology, ondconUnuedtobui|dstroOQeraVdnnOracompn*henmive police department, including seeking additional grants and expanded programs for dispatch and communication improvements, innovative technology solutions, and expansion of the Human Trafficking Task Force toaugment regional security inthis global destination. Hareported the focus on engaging neighborhoods and creating a safe and secure city, resulted in a 4% decrease in crime form 2015 to 2016 and the model policing approach led to a prestigious invitation from the White House as one of four agencies to host forums on 21 st century policing. These methods and efforts have guided the successful management of high profile events, the adoption and implementation of 48 of 57 recommendations presented by the Office of Independent Review (OIR) to the Public Safety Board (PSB), response to over 205,000 calls for services in 2016 and thousands of additional self -initiated contacts by investigative personnel, investigations of 53 complaints, 27 of which were internally generated, and swift discipline measures as needed to correct behavior when performance orconduct did not meet department standards. AddiUona||y, the department worked with residents on oV||abomgbw* projects in high risk areas and participated in meetings such as Neighborhood Watch, flashlight walks, and Coffee with a Cop. Chief Quezada reported the Homeless Outreach Team worked tirelessly in a collaborative effort to connect the homeless to services and find long term supporting housing and helped open the first service center. Additionally, the department has developed and implemented adetailed incident response guide for high profile locations, designed toenhance the safety mfresidents, visitors, and businesses by providing first responders with additional tools and resources toassist inthe first moments and supplement the readiness ofresponse and mitigation. Other accomplishments include comprehensive training kJstaff and other city employees, processed over 75D.00Oincoming calls resulting inover 2U5.DOOcalls for service, and 67victims, 36Df which were minors, rescued via the Human Trafficking Task Force, the prosecution of 65 pimps City Council Minutes ofMay I3,ZO17 Page 3of34 and traffickers, and serving alaw enforcement leadership role inthe County and asonational model. Fire Chief Randy Bruegman stated he would provide an overview of core services, important budget numbers, and highlights oftheOeoartmmnL Hereported that onApril 25.2O17.the City Council adopted the department's Strategic Plan Update and Standard of Cover documents for 2017-2022, which describe the context in which the Fire Department serves its citizens and provides the roadmap upon which they develop the operating budget, allocate City resources, and assign personnel. The core services included fire suppression, emergency medical services including paramedics and the Community Care Response Unit /CCFiU\.community risk reduction, and emergency management and preparedness. The Support Services division provides equipment and coordinates the maintenance of11fire stations and the fire trucks, engines, and other emergency vehicles. The department also manages the North Net JPA Regional Training Center and the Metro Net Dispatch Center JPA. Chief Bruegman further stated that the Anaheim Fire & Rescue was recognized as a leader of excellence in the delivery of these services and was internationally accredited, achieving an ISO Class I rating in April 2015, which lowered insurance rates for Anaheim homes and businesses. He further stated only 46 agencies in the United States have met both of these high standards. The department's proposed budget for Fiscal Year 2O17-10ia$92.5million. Ofthis amount, $71 million represents operating expenses funded bythe General Fund /C3F\.with the department's budget making up796Vfthe total City budget and representing 2396ofthe total GFbudget. The department provides billable medic support atDucks and Angels games, the Convention Center, and other venues. Since July 1.2O1O'they have provided approximately 2.0OOmedic hours 8t128events through April. Disney reimburses the cost oftwo dedicated medic units stationed on-site 14hours each day. For FYI 7/18.the contract payment byDisney will beover $1.5K8.which reflects a3%increase over the current year contract. Additionally, fees for paramedic response, inspections, and plan check fees contribute $8.8M to the GF, or12.3%[f the department's {SFbudget. The remaining $21.5million represents the JP/\a. Capital Improvement Projects, andvariousgn3ntbudget8.Laborcostmnaprasantabout8O% ofthe total budget. The majority o[peraonne|ewpend/tuneaan*inLheCJpenabmnsandCornrnunib/R|imk Reduction divisions which represent the Firefighters, Community Risk Reduction Officers, and Hazardous Materials inspectors. Chief Bruegmanexplained these division budgets were also the areas of greatest impact due to unplanned events, such as local flood or wildfire e0a[geVcieG, political rallies and candidate visits, large Convention Center activities, and special sporting events such aoplayoff games. Unplanned events can significantly impact staffing and overtime expenses, however, the department absorbs as much of these costs as possible. Chief Bruegmonstated the department is supported bv270full-time personnel and 18.65part- time FTEs. The full time position break down is 210 sworn and 66 civilians, with about half of the civilian positions, 32 full-time and 7.5 part-time, funded by the Dispatch and Training JPAs. He further reported a class of 21 firefighters graduated from the 8 -week fire academy on May 1 9th and were hired tofill positions that were vacant due toretirements. Over the last three years, it has been necessary to run academies between 15 and 25 each year to keep up with the number ofretiring sworn personnel, Chief Bruegrnanexplained the Department demographics indicated that 2O96ofthe sworn personnel already are or will be eligible to retire in the next year alone, and it was projected that 1/3Vfthe sworn personnel would turn over during the next five years. Due tothe high rate o[ retirees projected overthaneXtfiveyearg,a staffing component was added to the Strategic Plan to address staffing needs through 2022, with hiring and evaluating staff with an eye toward City Council Minutes ufMay Zl2017 Page 4cf34 "building the bench" and looking for ways k}document and share institutional knowledge across the department. As strategy to encourage Anaheim residents to think about careers at Anaheim Fire &Rescue, they support the Public Safety Pathways program, visiting Anaheim middle schools to talk about Fire careers. The department also has strong Explorer and Cadet programs that help prepare young adults for the process of entering the Fire Service. Additionally, the department builds the bench through its Fire Leadership Academy, where critical leadership development is provided. This year, AP[] personnel was invited to join, creating a joint Public Safety Leadership Academy, through with 65leaders have graduated inthe last three years. Chief Bruegman highlighted a few notable changes: the Five -Year Strategic Plan was updated for the 2»o time since its first adoption in 2013 with the assistance of community-based leaders and stakeholders. Total call volume has increased 33.4096since 2D11.|n2O10the department responded tnabout 3S.0DUcalls, with medical calls making upabout 8596ofthose calls. Of those medical ca||m. 3896 were |ovv-aoVib/, meaning they were |ean serious and did not require emergency room care. Last year, the department implemented a successful Community Care Response Unit (CCRU) as part of an overall plan to create a Mobile Integrated Health Care division to address the growing need for this type of care. As of this month, the CCRU has been able k»divert 4996 of its patients from emergency rooms. They also transitioned the Fire Prevention Division to more widely -focused Community Risk Reduction Division and created a new job classification for inspectors, requiring more training and oertifioationo, to improve customer experience. The Capital Improvement Plan, which identifies needs for future fire stations and other facilities, was updated and construction has begun on a new fire station. Another less visible change was the development of an equipment inventory and replacement schedule inorder tmbetter project fund|ngneedmandtoheadvantaQaofgnsntopportuniUes.muuh amthe $1million federal grant awarded toreplace expiring 8CBAequipment. Chief Bruegman further stated that the department continued to explore ways to engage with the public beyond the 911 call. They have participated inmore than 125community engagement activities reaching over 100,000 residents. With the Home Safety Visit program, they have been able to provide personal assistance to 154 households in the last two months alone and atotal of 851smoke alarms have been installed. The department continues todistribute helmets to Anaheim children and teens through the Wear Your Helmet Like aPro campaign toreduce head injuries resulting fronlbike.skateboard.ands000tereccidan1s.Thisye@rtheprognmnlexponded to include the Police Department and they recently participated in the Anaheim High School Bike- a-thon to talk about safety and to pass out helmets, with over 6,000 helmets distributed to date. Chief Bruegman highlighted the department's participation in and coordination of many charity events, including the annual Stuff -A -Bus event at the Honda Center, benefiting Spark of Love and Toys for Tots. Last December, they distributed 138.658 toys to children in the community. Chief Bruegman described future opportunities including the increased use of data to drive decision-making about the use of resources, launching a real-time data dashboard on the website, exploring options to relocate the Emergency Operations Cenher/EOC\. which is critical need for the city, leveraging opportunities 10 engage with stakeholders ineach district toidentify their priorities, and further shaping the service and education delivery to each Council district. Hedescribed the Paramedic Membership Program tohelp residents and business owners reduce the cost of paramedic responses, and stated the department would continue expanding its use of social media to inform and educate the public, also sending duplicate messages about many of the programs inEnglish and Spanish. City Council Minutes nfMay Z3,2017 Page 5 of 34 |norder tosustain and increase service delivery over the long term'C|P Projects and Mobile Integrated Health Care needs are continually evaluated tobest use City resources tomeet oonnrnunUv needs. ChiefBruegnnan highlighted the current project of building a new Fire Station at 2540 E. La Palma, with an anticipated ground -breaking in July and completion in May 2018. He explained this project wamfuVdedentira|ybybondaandwaabeingbui|tbecauoe call data showed this location would improve service tothe freeways while relieving the high call volume experienced bythe Downtown station. Upon completion, Station 5personnel and equipment would be relocated to the new facility and the old Station 5 will be turned over to the Public Utilities Department. Construction ofanew fire station iabeing planned for the Platinum Triangle, due to increased population and traffic, which would provide improved response times to the Angel Stadium, the Disneyland Resort, and adjacent neighborhoods, with staff to pursue a grant to initially staff this fins station at the appropriate time. As part of the Strategic Plan, the department iaalso evaluating a fire station inthe Canyon Business Park for which existing resources would be utilized more effectively by moving a unit from Station 8 to improve response to the eastern port of the city. ChiefBruegrnaD highlighted several other department pn}gnynno, including: brush clearance in Deer Canyon and Pelanconi Park, with crews from the California Conservation Corps being assisted by a popular herd of goats who will be eating dry brush and grass until August; a grant - funded recycling events program where free oil receptacles are distributed along with educational materials about properly disposing of hazardous materials; and educational programs in coordination with the Police Department, including the Public Safety Pathways and the Every 15 Minutes program to simulate at@to/ drunk -driving collision. The Community Care Response Unit ((]CRU)ie8model for units being developed across the country and the department is exploring ways to use this program to continue serving patients while decreasing coats, for example, by partnering with the Police Department to support their jail operations when an inmate requires non -emergency medical care, the CCRU will respond, saving the city the umo1 of taking a police officer out of service to wait at an emergency noom. The department is also exploring expanding CCRU service to include behavioral evaluations in the field and 72-hourfollow-up toacute patients released from the hospital. Additionally, Chief Bruegman explained the department serves as the managing partner of both North Net Regional Training Center and K8e[nJ Net Communications Center JPAo. The Training Center has been providing a high |mva| of technical training to personnel from our partners, Orange and Garden Grove, since 1970. The Metro Net JPA was formed in1B97with Anaheim emthe JPA administrator. The dispatch center /8located atAnaheim West Tower and dispatches emergency calls for eight (8) partner cities: Anaheim, Brea, Fountain VmUey, FVUerton, Garden Grove, Huntington Beach, Newport Beach, and Orange. In 2016, North Net received over 300,000 emergency 911 calls and dispatched almost 122,000 emergency incidents. One of the most highly performing communications centers in the induGtry, it provides 911 and EMS dispatch service to more than 1.2 million people in an area of about 200 square miles. DISCUSSION: Council Member Faessel referenced the relocation of Fire Station No. 5 and thanked Mr. Taormina for facilitating the property exchange permitting the City to buy the parcel. He referenced the Fire Department Strategic Plan and asked if the Police Department has a similar plan. Chief Raul (]uezodareported recently hiring aconsultant 1Vevaluate the Department's current model along with expansion of the City's population to determine staffing and equipment needs in addition to the department's annual planning review to evaluate current processes. Council Member Faessel asked about the status of park cameras and Chief Quezada reported itisanexpensive process, provided anupdate, and noted the project ismovingforword. He asked for the ability to do crime prevention through environmental design walk-throughs before installing cameras to determine opportunities to install features that would aid in ch[D8 prevention, such amwalls and bushes, instead ofinstalling cameras. City Council Minutes of May 23, 2017 Page 6 of 34 In response to Mayor Pro Tern Vanderbilt's question regarding providing mutual aid to smaller, nearby cities, Chief Quezada reported the City has a standing agreement where a mutual aid request would be made and reported that would be a non -billable expense. The Department can draw help from other agencies, as needed, as well. In terms of using other agencies, the most recent instance was the visit of President Trump, and that was pre -planned, so essential agencies could have billed the City for those services, but they chose not to. Some agencies, from Northern California, provided mounted enforcement and billed the City. Chief Bruegman reported the Fire Department has a different system in that the Department automatically aids between surrounding jurisdictions with the response by the closest unit, depending on the type of call. With other Metro cities, the percentage of aid is relatively flat, and the biggest difference is with Orange County where Anaheim gives them approximately 20% more than what is received. Mayor Pro Tern Vanderbilt commented on the possibility of being reimbursed such as when President Trump visited. Chief Quezada reported the Department looks at every opportunity to be reimbursed and addressed damage to vehicles from various agencies during the President's visit and stated, to his knowledge, they were not reimbursed. In response to Mayor Pro Tern Vanderbilt, Chief Quezada reported crime statistics are reported by calendar year instead of fiscal year, but staff can provide fiscal -year information as directed. Mayor Tait asked about the differences in budget increases from this year to last year in terms of sworn personnel per capita and comparisons with other cities. Chief Quezada stated distinctions could include additional taxes available, lower salaries and benefits, or a combination of these. City Manager Paul Emery affirmed the State provides formulas and there were several factors that could come into play including geographic area and square mileage. Mayor Tait asked about the differences in other jurisdictions relative to Fire personnel and Chief Bruegman noted other cities may have different taxing structures. Relative to the city of San Francisco, Mr. Emery suggested their property tax revenue was significantly different than Anaheim. Of the recent Fire graduates, Chief Bruegman addressed the number who went through the Anaheim system. He added if the City wants to attract Anaheim youth, a system needs to be designed to train them from the time they graduate high school, send them through a basic level of college, and encourage them back into the City. However, the City will need to invest time and resources to do so as many, after graduating, go elsewhere according to the first opportunity offered. Chief Quezada agreed with Chief Bruegman's comments adding the Police Department recently had its youth programs evaluated showing the Department was reaching many kids in terms of quantity versus quality. He reported the Department will need to reduce the number of programs it offers and fine tune the programs offered to ensure the programs work towards the desired outcome, which is employment in the city of Anaheim. Mayor Tait suggested keeping the number of programs, but also, reviewing the training and hiring process; noting that hiring locally is better, with Chief Quezada suggesting working with Human Resources to encourage students and applicants to stay in the City. City Council Minutes of May 23, 2017 Page 7cf34 Council Member Moreno agreed with Mayor Tait and stated the partnerships being created with school districts will provide anice synergy of pathways. Council Member Moreno asked Jthe Police Department tracked upcoming potential retirements similarly tothe Fine Department to which Chief Quezada responded that the Department peforms an annual survey to determine how many staff anticipate leaving with Chief Bruegman reporting his information was based on years of service. Council Member Moreno stated such information would help him to understand the demographics, noting concerns regarding staffing ratios and the stress ithas created during the last seven years. Moving forward, hmrequested information regarding the City's plans 0o increase the staffing ratio and expressed disappointment that a city of the size of Anaheim and with its wealth had staffing ratios equal to the city of Fresno. He commented on two-thirds of the General Fund going towards expenditures in the Police and Fire Departments and requested information as to how that compares with other cities and what kind of resources would be ideal to build the trust needed in the community. ChiefCluezada agreed more officers will beneeded and commented onkeeping aDoptimal balance ofsworn and civilian personnel. Heexplained requirements under AB953'the Racial Profiling Act, noting that is something coming down the road and will require additional resources. Council Member Moreno asked regarding how close the proposed budget comes to the ideal budget necessary for increased community policing and Chief C)uezada stated it would bebest to wait for the nnmu|tm of current study. Howewer, he emphasized that community policing is a practice aswell oeophilosophy that must beembraced bythe entire organization. Chief BrueQmonreported the five-year strategic plan will outline the requirements for optimal use ofresources and recommended staffing. Hereported that no additional positions are being included inthe proposed budget. Council Member Moreno noted the importance of addressing the mental health needs as well as the physical needs of police officers and Firefighters, especially as they have been expected to do more with less. Chief{}uezeda stated the City is moving in the right direction offering pnJgnamns, counae|, and peer support. Chief Bruegman noted physical impacts relative to the number of personnel available to do the work and stated adding personnel bzcarry the load ieagood objective. |Oterms ofbehavioral issues, he reported seeing an increase in specific issues that have been unseen in the past and reported partnering with the Police Department to obtain the services of a team specifically focused on public safety mental health. Finance Director Debbie Moreno reported Police and Fire budget increases from last year, excluding four Police [)fficers, are roughly 3%. TD[@| dollars are $4million for Police and $2.2 million for Fire. In reply to Council Member Moreno'sinquiry, Finance Director Moreno reported costs for hiring a Police Officer would be $22O.0DOper year and slightly less for hiring aFire Fighter. PUBLIC COMMENTS ON WORKSHOP: Mayor Tait opened public comments onthe workshop. Duane Roberts reported working with different groups and organizations to revamp the Anaheim Safety Board and transform itinto a nlore-effective, police oversight body. He noted the City Council Minutes oyMay Z3, 2017 Page 8of34 importance of allocating funds toward that objective and reported the body will need an investigator to consider credible complaints. Mike Robbins commented on fifteen officers needed for the Resort industry and asked whether the Resort was paying the full cost oftheir salaries and benefits. VVi||ianl Fitzgerald, Home Owners Maintaining Our Environment, referenced 8 recent article in the Orange County Register concerning fraudulent charities relative to homelessness, sober living, and others. He alleged specific Council Members gave money in return for assistance in being re-elected; reported Council had reduced the number of police officers from 405 to 338, resulting in increased crime rates; opined the City would save millions by contracting with the Orange County Fire Authority and the Orange County Sheriffs Department; and expressed concerns regarding increased response times. Mark R. Daniels commented on the need for a Citizens Police Commission with subpoena power tooversee the Police Department. Cecil Jordan Corkern, Outreach Homeless Ministries, commented positively on the work of the Anaheim Police Department and onDisney including subliminal messages intheir movies. He reported the need for increased patrol on State College and commented on a recent tragedy at a concert inEngland. R. Joshua Collins, Homeless Advocates for Christ, encouraged Council 10work ona Police Oversight Committee and spoke in opposition to laws against the homeless, noting enforcement caused the Police Department towaste time. Hequestioned why the City would not contract with the Orange County Fire Authority and the Orange County Sheriffs Department, thus saving the City money. Renee encouraged Council to fund a Public Safety Board, noting the need for a safe place for the public to address issues with Police as she believed the Anaheim Police were not held accountable. In response to Mayor Tait's question regarding allocation in the budget for a Public Safety Board. Mr. Emery reported the City budget included line ibenlm inthe City Manager's Budget for the utilization of the Office CfIndependent Review including administrative costs, with no additional resources currently programmed. Donna Acevedo -Nelson addressed the death of her son, Joel Acevedo, and he spoke in support of strengthening the police oversight of the Public Safety Board, providing it with secure funding, and increasing the accountability ofpolice officers. Mayor Tait questioned response time and comparisons mfresponse times with other cities and standards. Both Chiefs stated they would provide the information |o0er. with Chief Quezada noting each jurisdiction measures their response times differently, explained how the Anaheim Police Department measures theirs, and addressed priorities related to types ofcalls received. Council Member Moreno suggested looking at trends within the Department itself. In response to Mayor Tait's question regarding the Public Safety Board, Mr. Emery stated when Mayor Tait requested the item, he requested staff meet with all interest groups and return with omatrix ofoptions and opportunities moving forward. There has been Oo commitment bypolicies with Council toheighten orspecify what that level ofservice City Council Minutes of May 23, 2017 Page 9 of 34 would be. He stated he is confident by working through the process, that staff will be able to find the necessary resources to accomplish the task, as outlined by Council. A male speaker asked about budget allocations for the Police and Fire Departments to mitigate actions against them. With no further comments, Mayor Tait closed public comments. ADDITIONSIDELETIONS TO CLOSED SESSION: Acting City Attorney Kristin Pelletier announced Item No. 03 pertained to anticipated litigation for a personal injury caused by a trip and fall on a displaced sidewalk. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: William Fitzgerald, Home Owners Maintaining Our Environment, cited the Anaheim Municipal Code regarding the prohibition of displaying a flag or banner on City -owned property other than the U.S. Flag, the State of California, and the City of Anaheim, including nine exceptions approved by Congress. He distributed copies of related documents and stated opposition to Item No. 29 on tonight's agenda. R. Joshua Collins, Homeless Advocates for Christ, expressed concerns regarding Item No. 29. CLOSED SESSION: At 4:44 P.M., Mayor Tait recessed to Closed Session for consideration of the following items: 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. a[., Orange County Superior Court Case No. 30-2015-00823602-CU-OE-CJC 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Bertoul v. City of Anaheim, et. al., Orange County Superior Court Case No. 30-2016-00828548-CU-PO-CJC 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: One potential case 4. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Jason Motsick, Acting Human Resources Director Name of Employee Organizations: Anaheim Firefighters Association, Local 2899, International Brotherhood of Electrical Workers, Local 47, Anaheim Municipal Employees Association, Part -Time Unit, and Teamsters, Local 952 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Gustavo Najera v. City of Anaheim, USDC Case No. SACV 16-01243- JLS At 5:27 P.M., Mayor Tait reconvened the Anaheim City Council meeting. City Council Minutes ofMay 23,2017 Page 10of34 Pastor Nathan Zug, Magnolia Baptist Church FLAG SALUTE: Council Member Stephen Faeosa| Recognizing Mills Act Recipients Mayor Tait presented a brief background of historic preservation in the City and the Mills Act. Planning and Building Director David Belmer thanked Council for supporting the Mills Act Program and noted recipients have voluntarily chosen to preserve the City's historic assets. He thanked staff and recipients and presented each with commendations recognizing them for their e#bda. Recognizing Esperanza High School Basketball's CIF Champions Esperanza Head Coach Mark Hill thanked Council and the City for its support and recognition of the team's accomplishments. Recognizing Taller San Jose Hope Builders 1 -year Anniversary in Anaheim Jenny, program participant, shared her experience at Taller San Jose Hope Builders, her plans on becoming a Registered Nurse, and thanked the City and Council for the recognition. Shawna Smith, Executive Director, Taller San Jose Hope Builders, expressed pride in helping the youth inAnaheim and addressed services they provide. She thanked the City and Council for its support and acknowledgement. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming May 21-27.2D17'aaNational Emergency Medical Services Week Fire Captain/Para medic Nick Colonelli accepted the proclamation and thanked Council for the honor and recognition. Proclaiming May 21-27.2O17.amNational Public Works Week Public Works Director Rudy Enlonliaccepted the proclamation,thanked his staff, and thanked the City and Council for the recognition. Proclaiming May 2O.2O17.aoArmed Forces Day Proclaiming May 22, 2017' as Harvey Milk Day Proclaiming May 29, 2017. as Mernmha| Day Proclaiming June 2017, as Lesbian, Gay, Bisexual and Transgender Pride Month MemKott. President, Orange County Pride, thanked the City and Council for proclaiming May 22. 2O17'omHarvey Milk Day and June 2D17.asLGBTPride Month. She announced the upcoming LGBTPride Festival onJune 24,2O17.starting a111:OOA.W1.inDowntown Santa Ana, oswell aa aweek offestivities, starting the week ofJune 1Oth.and invited the public 0Jattend. The public may obtain additional information at . City Council Minutes ofMay Zl2017 Page Ilof34 Proclaiming June 2O17.asGreat Outdoors Month At 5:55 P.M., Mayor Tait called to order the Anaheim Housing Authority /in joint S8Gsk}D with the City Council). A0D|TIONSYDELETIONS TO THE AGENDAS: City Clerk Linda Anda|neported receiving a memo from the Public Works Director regarding Item No. 33.noting staff requested the item becontinued 0oJune 0.2O17. PUBLIC COMMENTS (all anenda items, except public hearing): Prior &oreceipt of public comments, amief decorum statement was provided oyCity Clerk Lindaandal. Cecil Jordan Corkern, Outreach Homeless Ministries, read a passage from the Bible and oonlnlenbad on cleaning up adult entertainment on cable and subliminal rnaaaagea and child pornography inDisney movies. Paul Hyek suggested the Anaheim Senior Center sell handicap passes to seniors at the Center and atthe Kraemer Shelter, Herecommended allowing bicycle access atKraemer and inspecting vans and drivers. Jackie Filbeck, Anaheim Elementary Board of Education, referenced Item No. 05 and reported they were not contacted regarding this item. She reported the Board has met with parents of Palm Lane Elementary and the majority arep!eaaedxvithitmprogneso. She asked that Council respect all parties involved, as they continue through the legal process, and table the item or include the full P@/Dl [ane ConlDlunihv. Brianna C>oehar. Brannon and Michael, Pathways of Hope, provided information about the organization, invited Council to join them on their quest to end hunger and homelessness by participating intheir fundraising campaign, Take aStand: ALemonade Project, endaitendtheir kick-off party onJune 25.2O17.atthe Richmond Teen Center inFullerton, She encouraged the public tOvisit www.pathwaysofhope.us for more information and distributed invitations to Council. Mike Nelson, Anaheim Tennis Center, commented on a program initiated by the Center providing wheelchairs for the adaptive community and announced 8Dinstructional training event onJuly 22. 2O17,from 1O:0DA.yW.tO3:OOP.M. Hehoped that the program will grow and will make the Anaheim Tennis Center a hub for wheelchair tennis and help bridge the local community with the adaptive community and invited Council 1othe event. Anthony Lara spoke about the opportunities he has had through wheelchair tennis and about the importance Vfthe sport. VVi!Uum Fitzgena|d, Home Owners Maintaining Our Environment, commented on the Mills Act and opined millions of tax dollars have been lost because of it, alleged Anaheim's laws negatively impact the homeless, and discussed the use of the rainbow flag representing thousands of American soldiers who died in battle instead Vfother symbolism. R. Joshua Collins, Homeless Advocates for Christ, read from the Bible and commented on the issue ofhomelessness. Hereferenced laws against the homeless, asked that they herepealed, and that the City create safe areas for the homeless to sleep. Irene Arellano, Clergy and Laity United for Economic Justice, urged Council to secure funding for the Public Safety Board bytying ittoafixed percentage of the Police Department budget. City Council Minutes ofMay Z\0l Page 12cf]4 Mike Robbins read past headlines from the Orange County Register about the City CfAnaheim declaring war Qnthe homeless. Healleged leaving them without tents, blankets, and medicine, was against the basic protections of the U.S. Constitution. He stated the ordinances were not working and must beredacted, gshomelessness was increasing and many have died. He added 4096 of the youth in the streets are LGBT<] and noted the need to do something immediately. He commented positively on providing them with portable toilets and basic health facilities. Wes Jones referenced and commented positively on the City's rehabilitation program using Social Model Recovery Systems, However, he stated there was something wrong with the assumption that a heroin addict will turn himself in to the Police Department as the distrust of the police istoo great. Hereported speaking with various City departments and nVone knew about the program. Additionally, he alleged Disney stole tax dollars by buying elections and by the City guarantee huge amounts ofrebate monies. Heproposed that Council place onthe ballot a measure requiring asuper majority ofsioCoVnci|voteobefonegnsniingtaxbemefitob)any corporation. Renee B. commented on Gustavo Najera x City ofAnaheim, provided information about Mr. N 'ena.andnaco0mendedevarycaeehand|edbyCityAttorOeyyWO8emjohnsVnbe[a-opened. Mark R. Daniels suggested relocating the pride flag in front of City Hall, under the City of Anaheim flag, and make a space for flying flags deserving special recognition. Heurged Council to keep working on the homeless iaoue, including providing them with portable namtn)orno. Carl Womer, Social Model Recovery Systems, reported he can take on more cases than he has been getting and stated he will talk with his colleagues in the Police Department regarding the program. He reported, to date, the program has placed every addict that has approached them into treatment center. He encouraged those seeking help tocall him mt(714)357-2841. Natalie Solan spoke in support of Item No. 21, noting public safety concerns in terms of traffic, speed, and accidents inthe neighborhood. She urged Council 1oapprove the installation uf speed bumps. Justin Massey, Equality California, spoke about the importance of symbolism, but noted it does not offer protection or rights on its own. He stated flying the rainbow flag on a City flagpole was recognition that the City values all its citizens, regardless of race, religion, sexual orientation or gender identity. Heasked Council tohonor its commitment tofly the rainbow flag etFriendship Plaza, that ARTIC be lit in rainbow colors in honor of Pride Month, and begin ongoing communication with the LGBTQ community to address the many problems it faces. Daniel Fisher spoke regarding Item No. 35, the Coyote Management Plan, noting support for the educational initiatives, but felt the plan does not gofar enough. Hashared heisunable toleave his home without worrying about his dogs and took exception with some of the claims in the plan, adding the studies quoted in the plan were many years 0|d. Mr. Fisher opined the pnOb|ern was only going to worsen and stressed the need to become more aggressive in fighting the problem. Denise Fisher reported hazing coyotes does not work, noting her neighborhood is a hot zone for them. She reported many pets have been killed and the eco -system unbalanced. She expressed concerns with the safety of her daughter and her pets and asked Council to take more aggressive action or give residents tax relief to build their walls higher and protect children and pets. Danard Thomas spoke in support of the City displaying the pride flag, noting it means acceptance and acknowledges that LGBTQ citizens can be themselves in a city that supports them. He thanked Council for honoring them. City Council Minutes ofMay 23,Z017 Page 13of34 Karen Stovenoff,Unitarian Universalist Church, spoke iDsupport of the [GBTQcommunity, thanked Council for its efforts oUbehalf ofthe LGBTQ community, and encouraged Council to vve|corn8 its diverse groups, Joe Otero thanked Council for its efforts and expressed concerns with homeless people parking RVs overnight iDhis neighborhood. Jeanine Robbins asserted allocating police resources towards criminalizing the homeless was inhumane and not cost-effective. She claimed it was time to bshe ordinances against the homeless off the books before the City was forced to do so, in a court of law, due toviolations of the Constitution. She added the City has no right to confiscate the belongings of the homeless. |Daddition, she addressed the City flying the rainbow flag and commended the City for its inclusion and efforts against discrimination but took exception to a banner currently being displayed. She added 4096mfhomeless youth are LGBTC>and opined the City needs toshow support for that community. Ms. Robbins noted the need for increased dialogue between the City and the LGBTQ community and stressed it was time to repeal the ordinance against the homeless and approve the ordinance tVfly the rainbow flag. Lou Noble read a passage from the Bible and spoke about law enforcement oppressing the homeless. Meacknowledged criminal activity among them, but noted many are victims and named homeless people who passed away last week. Hespoke insupport ofoffering asafe space and portable toilets for the homeless. The Cameraman spoke about California exempt plates noting they make a vehicle exempt from registration fees, but not traffic laws, and addressed actions by the Anaheim Police Department, including anApril 7m incident and asked for accountability. feaenimRojas thankedC}uunoi|foritesupportoftheoornrnunitvoDdnpokeoboutafanoi|y sleeping inavan, She urged Council toconsider ateen center onAnna Drive and offered tn work with the City to help the less fortunate. Nithia \/8sqU8Z. Anna Drive ConlrDUOity. thanked Council for providing furniture for residents on Anna Drive, She commented on the Bookmobile sometimes blocking parked vehicles and urged Council tOconsider 8teen center for Anaheim's youth. RjaaHammnudreportedsheh@sbe8Dhareayadfornevan1eenyaarobymocia|wmrkeroand Sheriffs who threaten to place her and others in jai/ for failure to pay for Juvenile Hall. Mayor Tait asked staff to provide her with information regarding the Family Justice Center. Mesbah Islam, Orange County Young Democrats, commented on the organization and spoke in support of progress and dignity for all and in support of the City flying the rainbow flag in Friendship Plaza. Heasked that Council follow through with its commitment tofly the flag each year, inhonor ofLGBT(]Pride Month. Additionally, he asked that the City light upthe ART|C with rainbow colors to show its support, and a comprehensive plan to address the needs of the LGBTC)connnounit. in Anaheim. Vern Nelson spoke in support of equality for all and noted the importance of first rebuilding neighborhoods ifyou want torebuild cities. Haencouraged residents totalk totheir neighbors and quoted Harvey Milk, adding the rainbow flag was supposed to fly over City Hall rather than the existing banner and he encouraged Council to place the flag on the flagpole. City Council Minutes of May 23, 2017 Page 14 of 34 Nancy West thanked staff and Council for the opportunity to educate the public regarding Al Fresco Gardens. She spoke in support of flying the rainbow flag and suggested installing a row of poles to fly the flags of reasonable causes. Ahmad Zarah spoke in support of the City displaying the rainbow flag. He shared his experience in moving to Orange County, noting he was afraid to tell people he was gay. He believed if the City takes a stand to honor minority groups, it would reduce the fear that many have to be who they are and be productive in society. Jeff LeTourneau commented on Council's previous approval to fly the rainbow flag at City Hall and encouraged Council to follow through by doing the same going forward. He related cases in other countries were gays are being persecuted and killed and urged Council to keep its commitment. Linda Lehnkering noted that homelessness ends with a home and looked forward to the discussion on Item No. 36 relative to affordable housing. She spoke in support of providing the homeless with basic human needs, including sanitation, and stated criminalization does not take care of their needs. She expressed support for the City flying the pride flag at City Hall and urged Council to honor the commitment it made last year regarding the issue. Bryan Kaye commented on his work cleaning up the area around The River Church, and questioned City actions regarding charges against him. A.J. Blackwood, Executive Director, Progressive Alliance, thanked Council for its efforts in flying the pride flag at City Hall, spoke about the separation of church and state, and addressed Biblical passages. D. R. Haywood thanked Council Members for their previous approval for flying the pride flag at City Hall, expressed frustration that the problem has not been fixed, and opined this needs to be codified, and if the law cannot be changed, he asserted the need to find another location to fly the flag. He suggested steps that Council could take other and urged Council to develop a comprehensive plan for addressing the needs of the LBGTQ community. Linda Vigerin reported her dogs were killed by coyotes and noted the problem was worsening. She expressed concerns with her grandchildren's safety and urged Council to do something about it. With no further comments, Mayor Tait closed public comments. COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Faessel requested an update regarding citywide parks at the City Council meeting of June 20, 2017. CITY MANAGER'S UPDATE: City Manager Paul Emery announced the City had been awarded two ACC -OC Golden Hub awards. At 7:43 P.M., Mayor Tait recessed the City Council to consider the Anaheim Housing Authority agenda, reconvening at 7:44 P.M. City Council Minutes ofMay 2I2017 Page 15 of 34 CONSENT CALENDAR: At 7:44 P.M., the Consent Calendar was considered with Mayor Tait declaring potential conflict ofinterest onItem No. 32amhis firm does work for the County of Orange. Council Member Murray pulled Item No. 29, Council Member Moreno pulled Item No. D5.Mayor Pro Tern Vanderbilt pulled Items No. 14 and 1S.and Mayor Tait pulled Items No. 15 and 23^for separate discussion and consideration. MOTION: Council Member F@esme(moved U]waive reading iOfull Ofall 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 amlisted on the consent calendar, seconded bvCouncil Member Murray. ROLL CALL VOTE: AYES —0: (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, and Faessel). NOES — O. ABSENT —1:(Council Member KrinQ). Motion carried. B105 4. Receive and file minutes of Library Board meetings of March 13, 2017 and April 10, 2017 and Public Utilities Board meeting of March 22, 2017. D117 6. Approve the Investment Portfolio Report for April 30.201T. D1 80 7. Accept the bid from Clean Diesel Specialists, inthean)ountof$94.41O.O0p|uaop[dkcabhe tax and 20% contingency, for the retrofitting of nine trucks in the city fleet with diesel particulate filters to reduce emissions, and authorize the Purchasing Agent to issue the purchase order, inaccordance with Bid #8A35. D180 B. 'thebidfnonS|G''--` |nc..inthe amount of$111.378'31plus applicable tax, for the purchase nfEMC video storage equipment and installation hDsupport citywide surveillance storage, and authorize the Purchasing Agent to execute the purchase order in accordance with Bid #8945. D180 0. Accept the bids from K8 .|nc./Rtheanlountof$11E\2O5.34p|ueappUcabk*tax.for the purchase of portable dance floors, and SICO America, Inc., in the amount of $661,336.00 plus applicable tax, for the purchase of portable stages and platform risers for use inthe expanded Anaheim Convention Center, and authorize the Purchasing Agent toissue the purchase orders inaccordance with Bid #892O. 10. Accept the bid of Matheson Tri -Gam. Inc., in the amount of$38'85O.O0 plus aoo|k:abky tax. D180 for cryogenic liquid oxygen for the Public Utilities Department for aone year �period with four one-year optional renewals, authorize the Purchasing Agent to exercise the renewal options |Daccordance with Bid #0Q44,and ratify anincrease to the current master agreement with Matheson Tri -Gas, Inc., in an amount not to exceed $35,000, for the as - needed purchase of cryogenic liquid oxygen while the services were out to bid. 11. Accept the bids ofyWCMIntegrated Systemsand ASCI Security, and authorize the D1 80 Purchasing Agent to issue two master agreements, inthe annual combined amount of $125.000. for citywide access control rnointenanoa, equipment and installation for a one- year period with four one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options inaccordance with Bid #8S48. City Council Minutes ofMay Z3,2817 Page 16 of 34 AGF- 12. Award the contract tothe lowest responsible bidder, ArnazEngineering Contractors, |nc.. 10558 inthe amount of$1.849.9DO.for the Equipping ofVVe|| No. 59 Project tureplace anold vvahar production well in central Anaheim and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. D180 13. Waive the sealed bid requirement of Council Policy 4.0, authorize the Purchasing Agent to issue the purchase order, and approve anagreement with FASTER Asset Solutions, in the amount of$39.998plus applicable tax, for the purchase ofhardware and software k} automate the motor pool sharing program byinstalling two new secure key box solutions. AGR- 18. Determine that the Anaheim Hills Road Water Main Replacement Project (Project)is 10559 categorically exempt from the California Environmental Quality Act pursuant toSections 153D2(c) and 153D3(d)ofTitle 14ofthe California Code ofRegulations, award the contract tothe lowest responsible bidder, Vido Gamnarzich. Inc., in the amount of $O78.O84'for the proposed Project GDdouthmrizgtheFinaDceC)ireCtor,mrdu|yappoinbed representative, to execute the Escrow Agreement pertaining tocontract retentions. AGR- 17� Determine that the Direct Buried Cable Replacement Phase 12 (Project) is ��teoohoa|k/ 10580 ` '^«--'/ categorically exempt from the California Environment Quality Act pursuant to Sections 15302(c) and 153O3ofTitle 14ofthe California Code ofRegulations, award the contract tOthe lowest responsible bidder, Aep|uOdhConstruction Corporation, inthe amount of $2,967,000, for construction ofthe Project mnUauthnriza1h8FiDanoe[)ireutortoexecutetheEocn]vv Agreement pertaining tocontract retentions. AGR' 10561 18. Determine that the Kate|la Water Main Replacement Project (Project) is categorically exempt from the California Environmental Quality Act pursuant toSections 153O2(o)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 $6,149,187, for the proposed Project, andauthurizetheFinanoeDirector.ordu|yappVin1edrepreoen1@tive'bJ execute the Escrow Agreement pertaining tocontract retentions. AGF- 10503 20. Approve the ROo|[Napand ��ubdk�eionAgreement ofTract ��o.16440vv�h3toneOahy Anaheim 1, LLC for a 32.3 -acre site for the development of 34 residential lots and 4 lettered lots designated for common open space and landscaped areas located approximately 14ODfeet south ofthe intersection of Santa Ana Canyon Road and the future road, Deer Canyon Road, between Festival Drive and Eucalyptus Drive. D175 21. Approve speed lumps onCamino Vista between Noh|Ranch Road and Camino Grande as traffic calming measure. AGR- 22. Approve the termination for convenience of the Windy 68O9��ge Storage Tank Project 0 ^ � �1 construction agreement with Kana Engineering Group /Kana\.and authorize the Director of Public Works to issue a written notice of termination and begin procedures to determine City Council Minutes ofMay 23,2Ol7 Page 17of34 AoR-5186.a 24. Approve and authorize the Director of Public Works to execute and administer an agreement with Siemens Industry, Inc., iDthe amount of$1'Q8O'OOO, for traffic signal maintenance and emergency on-call services from June 1, 2017 to May 31, 2018 with annual renewal options upbzamaximum ofsix years. AGR- 7374.111.1 of Approve the Fl�tAmendrDenttoAgreement VV�hSTV COns�uc�Dn.|Dc.,iOthe amount of$O57'35O.b»continue 0oprovide owner's representative and project/construction management services for the Anaheim Convention Center Expansion Project (Betterment VII) and extending the contract through December 2017. �. o��������m�r������k�\��m����� �on'1nm�* ','—'- —� ^" with Robert Katzer, yW.O,inanamount not toexceed $41.OUO.toserve osFire and Rescue's physician supervisor providing services invarious areas related 10 advice, advocacy and delivery of emergency medical services for one year with two one-year renewal options, for a maximum of three years under the same terms and conditions. xon-2900s 27. Approve and authorize the Executive Director Ofthe Convention, Sports &Entertainment AoR-2925.E Department to execute and take the necessary actions to implement and administer the AGR -2806.E ' Electrical UbUtvAog)enn�Dts and Gnyn�|���d �VCunn�D�o and any renewal options with AGR,155O�F ` Agreements, ' wsR.3325.o ten electrical contractors to provide various electrical semices, on a non-exclusive basis, »aR-uVon.E to tenants and their exhibitors at the Convention Center in connection with events fora AGR -2804.E AGR.8659.8 two year term with an option to extend for two additional one-year terms which will FSsV|t AGn'1552.F in revenue commissions payable to the Qb/ in the amount of 25% of the contractors xoR44auc gross billings for all labor and 30% of the contractors gross billings for all other work for services performed at the Anaheim Convention Center (S & K| Show Service, Inc. dba Action Expo, Convention Electric, Inc., Convention Technical Services, Inc., Ed|en Electrical Exhibition Services of California, Inc., Freeman Expositions, Inc., Hi -Tech Electric, LLC., LB Ligh1mvveat, Rossi Expositions, Inc., Global Experience Specialists, Inc. dba Trade Show Electrical, and Tricord Management, LLC' dba Trioord Tradeshow Services, Inc.). xmF-3662.o 28. Approve and authorize the Executive Director of the Convention, Entertainmenton, Sports Entertainment AaR-3324.o Department to execute and take the necessary actions to implement and administer the AGR -2786.E Plumbing Utility Aoraernente, and any related dDoumen\a, and any nanexvo| options with Ed|en Electrical Exhibition Services of California, Inc., Freeman Expositions, Inc., and Global Experience Specialists, Inc. dba Trade Show Bao1hca| for various plumbing oen/ioes, on a non-exclusive baoia, to persons at the Convention Center who require such services in connection with events, for two year term with on option to extend for two additional one-year teFnnm which will neau|i in revenue commissions payable to the City in the amount of 15% of the contractor's gross billings for all labor and other services performed oithe Anaheim Convention Center. 30F{�G{�LUT|<JN N[) A FlEGC�LUT|{Jy� OF THE CITY [�C�UN{�|L OF THE p17o � ' CITY OF ANAHEIM accepting irrevocable offers of dedication of certain real property and/or facilities (Parcel Map No. 2013-122; 3361' 3375 East Lo Palma Avenue. and 1148 -1150 North Ocean Circle). City Council Minutes of May 23, 2017 Page 18 of 34 P124 31. RESOLUTION NO. 2017-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deed conveying to the City of Anaheim certain real property or interests therein (Deed No. 12109; 2390 East Orangewood Avenue). D175 32. RESOLUTION NO. 2017-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or his designee to submit a grant application on behalf of the City of Anaheim to the County of Orange for grant funding for the Regional Recycling and Waste Diversion Programs and if awarded authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal years accordingly ($245,000 in grant funds with local matching funds of up to $275,000 over a five year period). Due to a potential conflict of interest, Mayor Tait abstained on this item. ROLL CALL VOTE, AYES — 6: (Mayor Pro Tem Vanderbilt and Council Members: Murray, Barnes, Moreno, and Faessel). NOES — 0. ABSTENTION — I (Mayor Tait). ABSENT — 1: (Council Member Kring). Motion carried. F130 33. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to grant a franchise with Cardinal Pipeline, L.P., for the right to maintain and operate a system of pipelines for oil, gas and other substances in Knott Avenue and establishing a time and date of a public hearing to consider such Franchise Amendment (Public hearing scheduled for July 11, 2017). Item No. 33 was continued to June 6, 2017 at the request of staff. 0280 34. ORDINANCE NO. 6410 (ADOPTION) 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) (introduced at Council meeting of May 9, 2017, Item No. 19). END OF CONSENT CALENDAR D116 5. Approve recognitions recognizing Anaheim Beautiful's Fourth Annual Community Pride Poster Contest Winners, June I" as Say Something Nice Day, and parents and community members of Palm Lane Elementary for their efforts to ensure access to quality education. DISCUSSION: Council Member Moreno addressed the request of School Board Member Jackie Filbeck, noting she asked Council to table the recognition for parents and community members of Palm Lane Elementary for their efforts to ensure access to quality education because of ongoing litigation. Council Member Murray reported requesting the item to come forward as the parents prevailed in court at the trial and at the appeals level and have advocated on behalf of their children, seeking improvement for their education. She believed it was important to applaud their efforts and let them know their work was valued and the City supported them. City Council Minutes ofMay Zt2Ol7 Page I9of34 Mayor Tait stated there was nothing h}stop individual Council Members from expressing appreciation and support for the parents and noted this was a school board issue. He reported the City supports all parents and felt issuing 8proclamation was not appropriate atthis time. Council Member Murray reiterated the parents prevailed in court so was is over. This imabout acknowledging the parents who stood Upfor their children. Mayor Tait encouraged Council Member Murray to d0something, individually, and reiterated it was not appropriate for Council, @sobody, t0issue 8proclamation. Council Member Faessel indicated he supported the actions of any parent to seek and work hard to arrive at the best educational opportunities for their kids, but he was sensitive to the litigation. While hedisagreed with the sChOO| district about pursuing this, he was skittish about issuing @ proclamation Vnsomething that may still beinvolved iOlitigation. H8added h8would bewilling tV acknowledge the great work ofthe parents, along with Council Member Murray. Council Member Murray clarified she did not request a proclamation, but rather that they be invited k»aCouncil meeting and behonored, adding that a proclamation was approved hvCity Council last year. Council Member Moreno reported the district did not sue the parents, but rather the chool board decided onapetition that was submitted; the parents sued the school district. The school board was simply appealing a decision by the courts at the request of other parents. Henoted ha supported parents, generally, and that the request was totable the item, asitwas still inprocess. He added he would like to honor all the parents and recognize them for turning the school around inthe last three years. MOTION: Council Member Faessel moved to bifurcate Item No. 5, seconded by Mayor Tait. ROLL CALL VOTE: AYES —5:(Mayor Tait and Council Members Vanderbilt, Barnes, Moreno, andFaeeae|). NOES —1:(Council Member Murray). ABSENT —1:(Council Member Kring). Motion carried. MOTION: Mayor Tait moved to approve the recognitions for Anaheim Beautiful's Fourth Annual Community Pride Poster Contest Winners and June 1st asSay Something Nice Day, seconded by Council Member Faeaoe|. ROLL CALL VOTE: AYES —0:(Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, and Faesoe\\. NOES — O. ABSENT — 1: (Council Member KriOQ). Motion carried. MOTION: Council Member Moreno moved to table the recognition for parents and community members ofPalm Lane Elementary for their efforts toensure access toquality education, seconded byMayor Tait. ROLL CALL VOTE: AYES —5:(Mayor Tait and Council Members Vanderbilt, Barnes, Moreno, and Faesae|). NOES —1:(Council Member K8urray). ABSENT -1: (Council Member KhOg\. Motion carried. D180 14. Waive the sealed bid requirement ofCouncil Policy 4.0, authorize the Purchasing Agent to issue amaster agreement change order with Sun Badge Company increasing the agreement amount to $50,000 for the purchase of police badges and related accessories, and authorize the Purchasing Agent toexercise up0Jfour additional one-year optional renewals, subject tVavailable budget appropriations. DISCUSSION: Mayor Pro Tern Vanderbilt reported this request has historically, been for $20,000, noted an increase of $30,000 and requested additional information. City Council Minutes ofMay 2I2OI7 Page 2Du134 Purchasing Agent Barry Bartlett stated staff was seeking anincrease ofthe original*a/weufthe contract of $20,000 to $50,000 to address increased needs in the current and upcoming year. He added the City has secured specific pricing from the vendor, who is recognized as a large supplier for the items. MOTION: Mayor Tait nl0V0d to waive the sealed bid requirement ofCouncil Policy 4.0, authorize the Purchasing Agent toissue amaster agreement change order with Sun Badge Company increasing the agreement amount to $50,000 for the purchase of police badges and related accessories, and authorize the Purchasing Agent to exercise Uptofour additional one-year optional renewals, subject to available budget appropriations, seconded by Council Member Moreno. ROLL CALL VOTE: AYES —O:(Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, and Foasae|l NOES—O. ABSENT —1:(Council Member ;{ring\ Motion carried. A123 15. VV8iv8 Council Policy 4.1 and approve and authorize the Director of ConlmnUnUv& Economic Development to execute and administer Professional Services Agreements, in substantial form, with JSPR. Urban Field Studin, LLP. Gnaenhaum. Inc., and CSG Advisors, Inc., each in an amount not to exceed $5O,ODDfor atotal not to exceed amount of$2OO.0D0.for on-call development and economic development services inproject management, financial, architectural, branding, marketing and public relations strategies terminating onSeptember 3D.2O17. DISCUSSION: Mayor Tait requested tabling the item noting it was not asdescriptive aoitneeded to be. Heindicated interest inapproving specific projects that need tVbewrapped up, and suggested amending the existing contract, rather than issuing a new one. City Manager Paul Emery agreed to bring the item back with a greater description of the scope of maninea. He added an amendment was not sufficient, as the specific contracts have expired, and staff will return with the requested information prior to issuing new RFPs. K8[yTi{]N: Mayor Tait moved h>table this item, seconded h«Council Member Faeeoei ROLL CALL VOTE: AYES —8: (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno. andFoeaoe{). NOES —0. ABSENT —1:(Council Member KhnQ\ Motion carried. 19. Authorize the Finance Director to increase the Public Works FY 2016/17 expenditure AGR- budget by $2.39 million to implement three projects: ||orbor/KateUa Intersection Signal 10582 Improvements, Changeable Message SignUpgrades, and Anaheim Project Managennent Plan; and approve the Agreement with KC}ACorporation inanamount not toexceed $282.56Dtocreate the Anaheim Project W1oOaggnlentP|anandauthorizethmPub|io Works Director to execute and administer the agreement and related documents. Council Member Barnes declared a potential conflict of interest, recused herself from this item. and left the dais. Public Works Director Rudy Emami stated that on March 23, 2017, the Anaheim Tourism Improvement District (ATID) Transportation Committee allocated $2.39 million to the City of Anaheim for three projects within the ATID boundaries. DISCUSSION: Mayor Pro Tern Vanderbilt asked regarding the shelf life of message boards, noting changes intechnology. Mr. Ernornireported ithas elong shelf life 8sthe City will use it, City Council Minutes of May Zl2017 Page 21 of 34 reported it has been an effective tool and the City is working with Caltrans to integrate the City's system with the Countywide system. He added the message board will beused primarily for circulation through the Resort area and not for public service announcements. Mayor Tait noted the projects will be paid with ATID funds. K4C�7|(]y4: Council Member Faessel moved to authorize the Finance Director to increase the Public Works FY2O10/17expenditure budget hv$2.38million ioimplement three projects: Harbor/Katella Intersection Signal Improvements, Changeable Message Sign Upgrades, and Anaheim Project ManagennentP}an;andappnovetheAoraanoentvvithK[)ACorponat|on|non amount not toexceed $282.50Otocreate the Anaheim Project K8onegenlentP/anandauthorize the Public Works Director toexecute and administer the agreement and related documents, seconded byCouncil Member Murray. ROLL CALL VOTE: AYES —5:(Mayor Tait and Council Members: Vanderbilt, Murray, Moreno, and Foesge|). NOES —0. ABSTAIN —1:(Council Member Barnes), ABSENT —1:(Council Member PChng). Motion carried. Council Member Barnes returned to the Chambers and took her place on the dais. 23. Approve and authorize the City Manager, orhis designee, k]execute agreements with A123 Brandman University, in an amount not to exceed $250,000; Organization Effectiveness Consulting, in an amount not to exceed $80,000; and Tremblay and McLoughlin Seminars and Coaching, in an amount not to exceed $100,000, for citywide organizational development and training services. Acting Human Resources Director Jason Motsick presented the staff report seeking the approval of agreements for citywide organizational development and training services, explaining the city has approximately 3,000 full- and part-time employees and over the past several years there has been an increase in the demand for customized curriculum development, team building, professional coaching, and other organizational development services tailored hothe needs uf individual operating departments. Mr. Motsick reported a Request for Proposal (RFP) was conducted late December 2016 through early January 2O17. resulting in eight consulting firms submitting bid proposals, and staff determined that six ofthe responses best met the requirements ofthe city. The final evaluation process included consultant interviews and presentations. The panel unanimously recommended entering into agreements with the aforementioned consultants toensure the city continues to provide arobust organizational development and training program for all city employees. Mr. K8otGioka|So noted that these contracts would be replacing three existing contracts. [)|8CUS8|C>N: Mayor Tait asked whether there was staff perform the training, with Mr. yNo1aiok responding that internal staff and subject -level experts throughout the City assist with amix of 6096 internal staff providing training and development and 40Y6 by contractors. Mayor Tait questioned the hourly rate, noting it seemed high, to which Mr. Motsick provided information regarding the scope of services. City Manager Paul Emery added the City's staffing ratios were low and the City uses these opportunities aatools toassist the City's highest expenditure, its people, 10train and equip them with the best tools possible Lobesuccessful intheir work. The amounts presented are "not to exceed" amounts and Mr. Emery stated that investing in the Qh/o employees was a Q00d expenditure ofresources and departments use their discretion insending employees toclasses. City Council Minutes of May Zl2OD Page 22of34 Mayor Tait opined it should be considered in next year's budget, because of the increased amount, and noted Council's job iotoprioritize spending. Mr. K8otsiokreported the money im spread out over multiple years. Council Member Faessel noted the need to take care of the City's employees and asked whether the Mayor would agree to have the item return to Council with specific requests for course allocations. Mayor Tait reported he was open to this coming back in the future, but reiterated his concern about high rates and stated hewill oppose the current item. Council Member Faessel asked about the possibility of extracting the Brandman University portion to which Mayor Tait stated he would be willing to table the matter. Mr. Motsick reported his department plans the curriculum for the upcoming fiscal year and reported absent the contracts, staff can adjust the schedule accordingly and contractor classes can bebrought hzCouncil oneoaae-bv-000ebasis. Mr. Emery reported this money was already imbedded in department budgets as well aathrough Human Resources and suggested considering department training budgets in the future. Council Member Moreno wondered if the money would be better spent by hiring staff and added hewould bewilling t0table the item and consider addressing itdifferently, through the budget process. In response to Council Member Barnes, Mr. K4m1niuk reported staff can provide training a||ouabQnm by department but noted the training program was offered to employees citywide. In naaponoa to her question, Mr. Emery stated this was not a mandated aen/ico, but rather something the City uses toenhance the effectiveness mfemployees. Mr. MV1aichadded there were multiple training sessions inagamut ofsubjects, with different consultants used based oOtheir expertise and abilities, with the goal to provide training for people tDpromote Orbetter-fulfill themselves. Organizational Development Programs Manager Sandy VVitzreported the City's focus ontraining was based on applicability in their workplaces and building aki||m to apply to their work. Council Member Moreno noted the expenses include travel and business expenses for the consultants and suggested these be broken down to present to Council later. Council Member Faessel stated he will support tabling the item, with a clear understanding that Council will have an opportunity to revisit it and understand it more fully. MOTION: Mayor Tait moved to table the item, seconded by Council Member Barnes, F{(]LL CALL VOTE: AYES —0:(Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, and Foemea|). NOES —D. ABSENT —1:(Council Member Nhng). Motion carried. |tm[n tabled. D1 16 29. Authorize staff tocommemorate June amLesbian, Gay, Bisexual and TransgeDderPride Month and approve display of the pride flag at city hall and other activity. City Manager Emery announced this item had been requested by Council last year and was now brought forward for consideration. Deputy City Manager Greg Garcia presented the report toauthorize staff kJcommemorate June as Lesbian, Goy. Bisexual and Tn@nagender Pride Month and approve display of the Pride Flag at City Council Minutes ofMay Z3,ZO17 Page 23 of 34 City Hall and other activity. H8explained since 2D13'the City ofAnaheim has annually proclaimed the month of June as LGIBT Pride Month via a proclamation, with this recognition currently part of the list of recurring annual recognitions adopted by Council before the beginning of each calendar year, and in 2016, the City approved display of the Pride Flag in front of City Hall. After further review city staff determined fly/ng the flag was |/he/y inconsistent with Anaheim Municipal Code Section 11.08.040, which prohibits any person from affixing flags 03 flagpoles at City Hall with certain limited exceptions not applicable here. TOcommemorate LGBTPride Month, staff is recommending, in addition to the annual LGBT Pride Month proclamation, to display the Pride Flag at City HG(( and light the Anaheim Regional Transportation Intermodal C8nter(ART(C) up in multi -colors. DISCUSSION: Council Member Murray reported she was onCouncil, last year, when Council made the unanimous decision hDfly the rainbow flag sdCity Hall. Atthat time, bwas made clear there was aconflict with the Municipal Code and that the Code would beclarified inadvance of flying the flag this year. Mr. Garcia stated when that item was considered, there was no discussion ofitbeing contrary tOthe Municipal Code. Council Member Murray reiterated she believed there was adiscussion with staff that it was contrary tothe Municipal Code and that it would be corrected. Acting City Attorney Kirstin Pelletier stated she was not involved inoff-line discussions but remembered there was discussion about what would occur if the item was approved and direction was gk/0O to figure it out. Discussions relative to its CODOi{tiOg with the Municipal Code occurred after the fact, and COUDCi| did not know it was in conflict when the item was previously approved. Mr. Garcia confirmed when the item was presented last year, there was ambiguity on whether the action was appropriate and consistent with the Municipal Code. Council Member Murray reported speaking with prior Council Member Jordan Brandman and that was not his recollection ofevents. |nresponse bJher question regarding whether Council can change the Municipal Code, Mm. Pelletier stated Council may change the Code. In response to her question as to why the Code was not changed, Mr. Garcia reported the conflict was determined after the fact, but the direction was never for staff to amend the Code. W1a. Pelletier stated this was not an emergency ordinance, so Council cannot amend the Code tonight, with the difference between last year and now, is that last year Council did not vote todo something they knew violated the Code but now Council was aware. Council Member Murray expressed frustration that this came back so late, so that Council was unable to take the appropriate action tonight, following Council's action last year with clear intent, and noted she wanted toremedy this and asked Council Uosupport it. Mayor Tait felt staff did everything they could and na11era0ad he did not know it violated the Municipal Code. Headded the previous action was omessage ofsolidarity with the LGBl-O community in Orlando, Florida. He questioned it because of the "slippery slope" it could create of other groups asking for the City tofly their flag. Heopined the law, aoitstands, was fine. The direction then was not to change the mrdinance, but to develop policy. AdditiVno/|y, he indicated Council has the power to change the ordinance, but he would argue against doing so. He addressed proclamations given earlier in this meeting and stated a banner was placed elsewhere, providing areasonable solution. Hasuggested apolicy could include the display ofother flags at the entrance to City Hall. Mayor Tait noted there was an obligation iofollow the law and staff has done everything they can. Council Member Faessel reported he was in the audience last year when this was considered. Hesuggested hanging abanner Vnthe side ofthe building rather than aflag onthe flagpole and City Council Minutes ofMay Z3,2017 Page 34of34 giving staff the opportunity k]create a policy for Council tOact upon. The policy needs to be clear, concise, and comprehensive, and noted agreement with Mayor Tait's comments. He reported there are organizations out there that promote hate and divisiveness and they could demand the City fly their flags as well, putting Council in a very tough position. Council Member Moreno stated when Council considered this last year, hadid not believe hwas Council's intention b}only fly that flag just one year. Hefelt that both City staff and Council dropped the ball. Heread from the meeting minutes 0fthat night and felt that both Council Member Murray and the Mayor are correct. Hanoted the concept ofsetting precedence concerned the Mayor and because Ofthe overwhelming moment atthe time, iOsolidarity with the LGBTQcommunity inOrlando, Florida, everyone agreed tosupport flying the flag. Council Member Murray then suggested considering a follow-up protocol to address the precedence - setting aspect of the action. Heexpressed his apologies for not bringing the item forward earlier. Heread eportion ofaletter from A.J.Blackwood insupport Vfflying the pride flag. He asked whether Council could suspend the ordinance, for tonight, fly the flag as promised to the communiiy, and reconsider this matter in July. Ms. Pelletier stated Council Member Moreno was proposing gOamendment tothe Code, which would require aspecific process; noting the Code trumps Council action hvmotion. Kthis were m matter ofemergency, Council could adopt an urgency ordinance, but /t is not. Brief discussion followed regarding the language ofthe ordinance interms ofthe definition of"pensons". Council Member Moreno stated his interpretation of the ordinance relates to "no persons" and suggested it would not be"pero0nn".but rather the City. Ms. Pelletier read the definition nf''pmreonn"as stated inthe Code. Council Member Murray thanked Council Member Moreno for supporting her initial request and clarified she was not speaking negatively about staff, but rather stipulating that Council be given enough time toact, if staff believed mcorrective action was necessary. She reiterated this was about honoring acommitment that was made last year. She stated the need for asolution and reported itwas VptoCouncil 10decide how itwill manage the issue. Mayor Tait reiterated his concerns relative tosetting aprecedence. Mayor Pro Tern Vanderbilt acknowledged there was fear this discussion would be about more than just the flag and noted the importance ofnot getting caught insymbolism. He commented on other related issues of importance, including kindness and tolerance and suggested treading carefully iDfinding a solution. Mayor Tait felt staff's recommendation was agood solution. Council Member Faessel stated displaying the flag under the porch was not honoring the City's commitment tothe pride question and offered his suggestion to fly it aonlevvhen3 on the building and direct staff to return with a comprehensive flag policy, as a friendly amendment to the motion Mayor Pro Tern Vanderbilt stated hewill support the motion. Council Member Murray stated would be deeply disappointed if Council vv0u|d backtrack DO its commitment. She would prefer 10 keep faith with Council's prior commitment and fly the pride flag each year. She hoped, if Council Chmoe. that Council would consider other programs supporting the community ingreater detail and domore than just asymbolic act. She reiterated support for flying the flag. City Council Minutes ofMay Zl0D Page Z5oy34 Mayor Tait noted flying the flag would beagainst the law. |fCouncil would like b}change the law, there was a procedure for doing so. that would need to be followed. Council Member Moreno questioned whether Council should bedirecting where the flag should g0, but did believe it should be somewhere prominent. Hereferred to public comments regarding the City's LGBl-Q youth, and in terms of the rainbow flag desecrating we{enan8, he noted currently over 1U0.00OLGBT()people are serving inthe military. Hestressed that flags mean something and reiterated the community requested an action last year and left believing this would be an annual practice. Headded the community should not suffer the consequence ofthe City not following through with its commitment. H8disagreed that flying the flag was inconsistent with the Municipal Code, noting itwas left uptOinterpretation. K8[)7-|C)N: Mayor Tait moved to authorize staff to commemorate June as Lesbian, Gay, Bisexual and Transgender Pride Month and approve display of the pride flag in the breezeway, at the entrance to City Hall, and other activity, seconded by Council Member Barnes. ROLL CALL VOTE: AYES —3:(Mayor Tait and Council Members Vanderbilt and Borneo\. NOES —3: (Council Members Murray, Moreno, and Faegea|). ABSENT —1:(Council Member KhnQ). Motion failed. Due toatie-vote and the absence ofavoting Council Member, City Clerk Linda Andalreported the item would be continued to the next meeting. [)|GCU8|{]N: In response to Council Member Monsno\squestion, K8c Emery stated, without further direction from Council, the flag will remain where it is through the month ofJune, unless there was another motion or future action by Council. In reply to Mayor Pro Tern Vanderbilt'sinquiry, Mr. Emery reported staff would seek specific direction dCouncil would want to fly the flag unaflagpole, for which the subsequent steps would be for staff to return with an amendment to the Municipal Code. Council Member Faessel stated he would include direction to clarify what the City's flag policy will begoing forward. He added the need basupport the community and suggested displaying the pride flag in a more prevalent spot, for now only. In response to Mayor Pro Tern Vanderblt'ainquiry, Council Member Moreno addressed conversations hehad with staff regarding this matter. They discussed different options hvwhich the City would honor a commitment while, at the same time, not violating the Municipal Code. He commented positively on staffs efforts to display the flag, but stated the intent of Pride Month iatobg"oUt"aopeople could see the flag. Hecommended Mayor Tait for sticking tohis principles while being sensitive tothe community's needs. He acknowledged Mayor Tait's concerns that it would be precedent -setting, but felt precedence has already been set. Council Member Faessel restated the motion and noted he is satisfied with the Municipal Code but the City needs oflag policy and not oCode amendment. Mayor Tait reiterated staff came upwith agood solution. Council Member Faesse|noted the only change he recommended was hanging onthe building rather than inthe lobby. MOTION: Council Member FoaSse| moved todisplay the flag on the front OfCity Hall, light -up ARTIC, and direct staff to return with a more comprehensive flag policy, seconded by Council Member Murray. ROLL CALL VOTE: AYES —3:(Council Members Murray, Moreno, and City Council Minutes ofMay ZI2O17 Page 26 of 34 Faesae|\. NOES —3:(Mayor Tait and Council Members Vanderbilt and Barnes). ABSENT —1: (Council Member Kring). Motion failed. Item No. 34 was continued to the City Council meeting of June 6, 2017. D159 35. Approve the proposed Coyote Management Plan that provides information and education on coyote management techniques and utiered response plan for ensuring public determine the Plan is categorically exempt from the California Environmental Quality Act pursuant tOSections 15307.153OOand 15O61/b\/3\[fTitle 14Dfthe California Code Of Regu|o1iona, and authorize staff to take any and all actions required to implement the Planning & Building Director David Be|nnmrintroduced Sandra Sooert.Community Preservation Manager, and Robert Happle.Senior Code Enforcement Officer. He reported this item pertained toaproposed Coyote Management Plan that provides information and education on coyote management techniques and a tiered response plan for ensuring public safety. Heexplained that recently, the City of Anaheim, along with other municipalities, has experienced an increase in the amount ofcoyote encounters. These encounters include anincrease inthe number ofsightings inareas populated bypeople and pets. Sadly, residents have reported their family pets have been killed orseriously injured iO8ttacke. Atthis time, the condition seems most acute inthe central part of Anaheim, however, the issue has occurred previously in the hills where there is proximity to vvi|d|ands and in west Anaheim. As directed by the City Council, staff facilitated @ community meeting regarding coyotes on Tuesday, April 18. 2O17which was attended by approximately 7Oresidents, Lt. Ken Smir|and David Dodge from the California Department of Fish and Wildlife and a representative from the Orange County Animal Care Services were also present atthe meeting. Lt. @nn/dprovided some key recommendations including that the City should prepare and implement @ Coyote Management Plan that would include education and communication tips and atiered response plan for ensuring public safety. K8r. Belmer reported staff facilitated a discussion, inviting residents to share their ideas and suggestions onhow tobest handle Anaheim's coyote situation. Asummary Ofresident input included improving communication with residents, survey what other cities are doing, enforce prohibition Vffeeding wildlife, organize volunteers for those that would like to get iOVV(Ved' develop citywide management plan, and trapping and removing coyotes as needed to ensure safety. Mr. Be|me[presented the Coyote ManagementPlan which is an action plan modeled by other plans recommended bvthe California Department ofFish and Wildlife. The plan includes a three - pronged approach, as follows: hree'prongedapproach.asfo||ovva: 1\Public information and education toget the word out; 2\ Enforcing the |8xvm and regulations in place prohibiting feeding wildlife, and 3) Tiered response Plan. The tiered response plan was developed to provide a mechanism for identifying and classifying different levels ofcoyote aggression. The Plan lists definitions of coyote encounters and charts coyote behavior and recommended responses based on those encounters and behavior. The Plan ODh*a that lethal removal of targeted coyotes will be implemented when behavior presents a threat to public safety which includes people and pets. Mc Ba\nleratated staff has ƒokmO initial steps by initiating efforts and informing [esidente, conferring with colleagues inother cities, coordinating with other City Departments, and soliciting proposals from companies that provide trapping services. Staff recommends the City Council approve the draft Coyote Management Plan and authorize staff to take any and all actions required to implement the Plan. City Council Minutes ofMay ZL2017 Page 27 of 34 O|QCU8S|C)h/: Mayor Pro Tern Vanderbilt expressed concerns that it will take an encounter with a coyote before acting oothe plan. One suggestion made a1arecent meeting involved ensuring trash bins are locked to prohibit access by coyotes. Mr. Belmerreported providing a copy of the plan to the California Department of Fish and Wildlife and toDebra Martin, author ofthe book, Chasing Coyotes. Henoted staff was seeking Council direction and if Council would like to elevate some of the levels in the plan, it CBD do 8D. He explained the various levels and reported staff was deliberate innot recommending lethal action atlevels where there has been no attack (Green.Yellow, and Orange |eve|a);lethal action im recommended where there has been anattack (Red |eve|\. Staff also considered frequency in determining levels. Community Preservation Manager Sandra Sagert reported afew years ago the Parks Division was complimentary in adding trash closures for their trash bins and are receptive to doing so, as needed. She added the issue was addressed with residents ampart ofthe City's communication efforts. Council Member Faessel concurred with Mayor Pro Tern Vanderbilt's comments and believed it would be reasonable to raise urgency of the levels and stated he is interested in learning what other cities do. Mr. Belmer noted lethal action was recommended when there was an aggressive attack, but the City considered lethal removal when there is aggressive behavior, not necessarily an attack. Adding an orange level narrows the spectrum of action, intentionally, based on resident comments. However, there is evidence to suggest you cannot trap away the problem, as they keep reproducing; everything must work intandem. Hestressed the need 10educate residents and beprepared toremove coyotes displaying aggressive behavior. Council Member Foesse|expressed concerns that to get tothe Red level, aresident would need to sacrifice a pet. Mr. Be|nler noted there were examples in the Red level ofcoyotes entering a yard Vrhome with people and pets where noinjury howDncungd.vvhena|eth8|PennoVa|ia recommended. Apet does not have tobeinjured orhjUed'for|etha|renlova|tobeconoidenad. Council Member Faessel distinguished between "lethal removal considered" and "lethal removal recommended" and believed residents would feel better if the City acted other than just "considering" lethal nernoYai Council Member Moreno commented positively on the plan and reported residents felt it was a good plan. He expressed concerns with increased incidences of coyote sightings and attacks and wondered what could bedone todecrease and control the population ofcoyotes. Mr. Belmer reported there is a new phenomenon of urban coyotes and stated staff believes there are dens in various areas in the City, and agreed that the ecosystem may be out of balance and the result ofthe imbalance iSanincrease inaggressive behavior. Department ofFish and Wildlife Officer Lt. Ken 8mnirl reported he iaaconservation coach and reported training over 100 cities and commented on efforts to change behavior in humans and coyotes. He reported there has been an increase in reports of coyote incidences, there are no studies regarding the coyote population, and stated habituation levels increase when there are more pet attacks, In Orange County, there have been more attacks on humans that anywhere in the country. Henoted the key istohave abalanced approach inhandling the problem. |tisnot m population -control problem, but rather a matter of behavior modification. City Council Minutes ofMay 2I2OD Page 28 of 34 Council Member Moreno asked whether using population control at the front end would bring the ecosystem back into balance, as well as implementing the plan. Lt. Ken Smidrecommended documenting first and noted City departments involved iOCounty Urban Management. He reported reviewing the City plan and stated ithas worked inseveral cities. He acknowledged the opinions of people supporting "right to life" and indicated the need for a balanced approach through education and enforcement. Council Member Moreno asked regarding the possibility of increasing aggressive hazing to relieve the concerns of residents who are currently under siege. L1. Ken 8[nid stated hazing works when there are pups being introduced to the urban environment, but noted the need for training, the success of the Wildlife Watch program where the community becomes involved in a hazing program and offered support. Council Member Moreno asked about the short-term steps to be taken to bring the City to balance. Mr. Belmerstated staff believed the City isonlevel Red and will commence immediate trapping eoprecautions must betaken, even if there ioonly one coyote out there. |nresponse toCouncil Member Moreno's question, Mr. Belmer reported staff has the resources, noting it can be absorbed into the City's current budget, but must bemonitored, |fadditional resources are needed, the item will beconsidered byCouncil. MCQF|[}N: Council Member Moreno moved hoapprove the proposed Coyote Management Plan that provides information and education on coyote management techniques andatiered response plan for ensuring public safety, determine the Plan iscategorically exempt from the California Environmental Quality Act pursuant tOSections 15307,153O8and 15061/b\(3)ofTitle 14 of the California Code of Regulations, and authorize staff to take any and all actions required to implement the P(on, noting parts of the City is at level Red. and directing staff bx provide g monthly update on the City's website and an update to Council in six months, seconded by Council Member Foenoe|. ROLL CALL VOTE: AYES —8:(Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, and FaesneU. yJ[)ES — O. ABSENT — 1: (Council Member K[in0). Motion carried. DI 16 30. Receive a presentation related to affordable housing needs, discuss any other matters that may involve the assessment of and efforts to address homelessness in the city, and provide staff with direction on such matters. Housing Programs Manager Grace Ruiz-Steoterintrmduced CesarCVvanobiae. Executive Director from The Kennedy Cornnnisoion, an organization committed to working for systemic change to produce affordable homes for Orange County's extremely low-income families. Cesar Covanubias.The Kennedy Commission, distributed apress release regarding the affordable -housing crisis in Orange County addressing challenges and opportunities. He shared the correlation between population, employment, and housing inOrange County stating that there is not enough production of affordable housing at all income levels and highlighting why affordability iacrucial. Mr. Covor[ubiaareported the top 10occupations growing inOrange County, predominantly service sector positions iDleisure/hospitality with most paying about $9 per hour. To live in a 2-bedroorn apartment in Orange County the minimum wage needed is about $32 per hour. The type ofjobs produced iDOrange County are not consistent with the housing prices iDOrange County. City Council Minutes ofMay 23,2017 Page 29 of 34 Mr. Covannbiasdisplayed achart reflecting the Orange County income limits for 2O10. In Orange CVUD1v an income limit for a family of four of $78,000 would be considered |ovv income. The fair market rent iDOrange County for o2-bSdnoonlis $1'672with 8Dannual income Of $66,800 needed, resulting in 3 full-time jobs needed at minimum wage and 258 work hours per week at rOininnurD vv8g8. He shared the availability of affordable housing in OnonQa County, reporting 330 constructed in 2O18and 411in2O17. He stated there kaahuge shortfall ofhomes affordable and available 0o low-income renters in Orange County, indicating Orange County would need 109,965 new affordable homes tomeet the actual need today. Mr. CovarrubiaScommended the City on its efforts to address homelessness and shared the 2017 Point in Time study indicating 4,792 homeless of which 2,584 were unsheltered. Heshared State and Federal housing funding sources and highlighted opportunitiemiOAnaheirn. such as Successor Agency, Housing, and asset funds, aitem, affordable housing strategic plan, and land use opportunities. Hehighlighted the Platinum Triangle Mixed Use (PTMU) Overlay Zone, the Housing Opportunities Overlay Zone, and the Inclusionary Housing Ordinance in Irvine by which 15% of new development are set aside for very low, low, and moderate income. The Housing Opportunity Housing iDSanta Ana requires new residential developments 10set aside 1596 of units tobelow income or 10% atvery low income. The unite can bebuilt on-Site.off-mite'orpay anin-lieu fee of$15per square foot. Hefurther highlighted the Community Benefits project frVmtheCih/ofLeQunGNigue|. Hospoke ofcounties and cities looking ataffordable housing bonds toaddress homeless. City ofOakland has o$OD0million bond to repair facilities as well as affordable housing. In Alameda County. $580 million was allocated for new affordable rental housing and in the County of Santa Clara almost $1 billion to create about 5.00O affordable housing units. DISCUSSION: Council Member Moreno noted the housing crisis affects all income and professional categories and commented onhow most residents are one check away from homelessness. He asked whether Mr. C|ovorrubims would be vvi||inQ to xvo7h with staff to develop policies and solutions for consideration. Mr. Covorrubi8s stated he would be delighted to do so. Heasked staff tobring the matter back sooner, rather than later, and include rezoning oowell as other opportunities. No action was taken on the item. D114 37. Discuss Council Policy 1.5, Special Event Financial Support, to consider directing staff to make any necessary revSiona, additions and/or deletions to the po|ioy, including the creation of any new policy, as may be necessary. DISCUSSION: Mayor Pro Tern Vanderbilt commented on banners and presented examples of four categories including civic pride, civic and commercial events, civic events for non -profits and public benefit uses, and commercial/economic promotions. Mayor Pro Tem Vanderbilt requested consideration of expanding the current policy and establishing parameters for community event banners. Council Member Faesse|suggested branding various locations within the City, for example City Council Minutes ofMay Zl2017 Page 30 of 34 Mayor Tait commented positively onthe presentationand looked forward toadditional discussions. In response to Council Member Moreno's question, Mayor Pro Tern Vanderbilt reported the City has a robust banner program for different parts of the City and noted this was a broad view should Council want to make policy changes. No action was taken on the item. PUBLIC HEARING: 38. GENERAL PLAN AMENDMENT NO. 2017-00513 C41 WISCELLANEOUS CASE NO. 2017-00651 LOCATION: Citywide REQUEST: The 2017 Bicycle Master Plan Project io a City -initiated update to the City of Anaheim's 2OD4Bicycle Master Plan. The project includes anneDdnnentmtothe General Plan to provide consistency between the proposed 2017 Bicycle Master Plan and the General Plan. The 2O17Bicycle Master Plan inapolicy document that improposed ho guide the City of Anaheim in its implementation of citywide bicycle facilities. The Plan would supersede the 2OO4Bicycle Master Plan and isintended toimprove bicycling safety, comfort, and accessibility. The Plan identifies 8network Dfexisting and proposed bicycle facilities that are expected to improve connectivity and increase bicycling as a mode of transportation, especially for short trips. The existing and proposed bicycle facilities include a mym0enl ofon-street bike lanes and routes and off-street bike paths to connect residents, visitors, and workers to their destinations. The Plan does not propose to remove any vehicle travel lanes in favor of bicycle lanes. The Plan has been prepared to meet the California State requirements for a Bicycle Transportation F^|@n per Section 891.2ofthe California Streets and Highways Codes. ACTION TAKEN BY THE PLANNING COMMISSION: Approved General Plan Amendment No. 2O17 -O0513 and Miscellaneous No. 2017-DO051. (Resolution No. PC2Ol7-O44)(Vote 6-O:Chairperson Caldwell and Commissioners Bostwick, [Ja|aU. Henninger. Lieberman and Seymour voted yam. Commissioner Carb jm| was absent) (Planning Commission meeting ofApril 17. 2017. continued from March 20, 2O17). Principle Planner Susan Kim presented the City's 2017Bicycle Master Plan, 8City-initiated Update ofthe City's 2004 Bicycle Master Plan and related amendments tVthe City's General Plan. The Plan was reviewed bvthe Planning Commission at two public hearings held oDApril 17and March 2O.2O17. Following these hearings, the Planning Commission unanimously recommended City Council approval of the Plan which provides the vision for building out the bikeway network for the City ofAnaheim over the next 20 years. Ms. K]rn explained that the City's current Bicycle Plan was adopted in 2004 in conjunction with a comprehensive update of the City's General Plan. |nApril 2013'the City Council initiated an update to the 2004 Plan, with its approval of the Anaheim Outdoors Connectivity Plan. The Plan was subsequently funded bya grant from the Southern California Association ofGovernments (GCAG). Ms. Kim continued that in2D14staff conducted extensive public outreach efforts along with o robust website. Staff held apublic workshop with the Planning Commission iO2O10.atwhich City Council Minutes ofMay 23,2017 Page 31of34 the Fo|8O includes bikeway network, parking and changing facilities, multi -model connections, safety and education process, public outreach, inter -agency coordination, projectphohdzetinn. and funding considerations. The P|8D will guide the tripling of 60 Ol/|e8 of existing bikeways to 120 miles, which are divided up into Class |. ||. |||. and |Vbike facilities. Class | are off-road bike patha, such as the Santa Ana River Trail. Class 11 are bike lanes found on streets and designated with pavement markings. Class III are bike routes designated by signs. Class |Vare cycle tracks, of which staff innot proposing any in the City atthis time. Mo. Kim shared the bicycle network on the west half of the City in Districts 1-5. She noted some notable gaps inthe network along State College Boulevard where some east/west connections donot line up. She highlighted staff is looking at an option through Boysen Park that would offer a Class | Bike Path, which would connect the Center City iothe Santa Ano River Trail. She shared the existing and proposed facilities on the east half ofthe City, in District G. and highlighted proposed bicycle bridges oonoas the Santa Ano River and the 91 freeway which would provide better connectivity between Anaheim Hi|)s, Anaheim Canyon, the Santa Ana River Trail, and YorbaRegional Park. In determining project prioritization, theC[iteri8 included d8nlaOd^ utility, connectivity, and readiness. The Plan provides the vision for building out the bikeway network over the next 20 years; however, due to the unpredictability of funding sources, economic conditions, and community support, some projects nnaytak8|ongertobedeve|mped Prior to and at the March 20, 2017 Planning Commission meeting, approximately five members of the public raised concerns regarding the /nnp|annantabon of certain off-street Class 1 Bike Paths, particularly related to the potential establishment of homeless encampments at these locations, Following discussion and public comment, the Planning Commission continued the hearing to April 17 in order for staff to develop language that could be included in the Plan in response to the residents' conoerna, specifically by memorializing the process by which the City would irnp|annGDt future Class 1 Bike Paths in m manner that would address the concerns raised by the public. The revisions that Staff made to the Plan included adding a description of the public involvement process for the implementation of a Class I Bike Path as well as examples of fences, gates, and lighting that could be used in certain locations. The implementation of off-street Class 1 Bike Paths involves a collaborative process between our departments working with affected stakeholders. The collaborative process provides meaningful and multiple opportunities for public engagement 10ensure issues are identified and that vve are working together with stakeholders on solutions. The process also includes coordination with the property owner, such as the County of C]nsnge. if the City does not own the property on which the bike path is planned. As part of this coordination, staff and the property owner identify law enforcement jurisdiction and maintenance responsibilities. Ma. Kinn highlighted that Community Services staff has been working through this process for the Anaheim Coves Northern Extension Class 1 Bicycle Path and Park from Lincoln Avenue to FnontenaStreet. The project mmsiniUatedinJu|y2D15andhasbeenfundedbysevera| grants. As part of its ongoing engagement with the neighborhood, Community Services hosted a site walk onEarth Day inApril. The construction contract for the project wi||beconsidmredbyCitvCounci| in the fall. yWa. Kim spoke of the West Anaheim to ART|C Bicycle Connector Project which will provide a connection from West Anaheim 0othe Santa Ana River Trail. The project is80)rnbinaUOOOf Class 11 and ||| on-streetbikeways. She highlighted that Public Works and Public Utilities City Council Minutes of May 23, 2017 Page 3Zof54 regularly coordinate electrical underQnounding projects with otneet neaurhaoing, which results in cost-effective implementation ofon-street bikeways. When K8i[a|oma Avenue from Blue GVrn Street to K8/(|er Street is resurfaced after Public Utilities underground vvork, the existing Class || bike lanes on Mira|o0@vvi|| be[estriped. On June 10, the City in partnership with the City of Yorba Linda, SCAG, and OC Parks will host a demonstration event to highlight the potential installation of protected Class |V Cycle Track on the Fairmont Connector within the City of Yorba Linda. This connection is part of a 66 -mile n5giVn8| bike loop within C)FaDg8 County that includes the Santa Ana River Trail within Anaheim. Afestival area will be set upinYorbaRegional Park where Fairmont Boulevard ends and could potentially connect tothe proposed Fairmont Bike Bridge described inthe Plan. More information about the proposed bridge and a chance for public input will be provided by the Community Services Department at the event. The Connect the Loop event will also include bike and pedestrian safety information, bike safety tune-ups, live entertainment, vendors, and a bike skills course. The Anaheim Police Department Traffic Safety Program will be a participating vendor to promote safety and bicycle registration. As for the environmental analysis, anAddendum to the 2004 General Plan and Zoning Code analysis concluded that there were no additional significant environmental impacts for the proposed project. Ms. K]nl concluded that staff and the Planning Commission recommend City Council approval of the 2017 Bicycle Master Plan and associated General Plan Amendment, as the Plan effectively analyzes and addresses the City's bikeways network and igreflective ofthe extensive community input received through the public outreach process. The policies contained within the document reflect the City's continued commitment towards promoting the development of bikeways network to meet the needs of all types of bicyclists and outlines a strategy for implementing bikeways aapart Ofpark and roadway projects aOdthnoughconnpetitivegronto. Mayor Tait opened the public hearing and invited comments from the public. William Fitzoerakj, Home Owners Maintaining our Environment, reported this was a vital item and opined Council was not paying the attention it deserves, addressed staff's explanation of pathways, commented on Disney's wages, and highlighted dangerous pathways which provide false confidence to bicyclists. With nofurther comments, Mayor Tait closed the public hearing. DISCUSSION: Mayor Tait asked regarding the possibility ofimplementing better barriers along bicycle pathways, In response to Mayor Tait, Public Works Director Rudy Emami added it would baa challenge, because of the many driveways in the City and they would provide no benefit. Council Member Murray commended staff for their work on the plan and looked forward to the opportunity for further discussions. Council Member Moreno inquired about future cycling events. Community Services Director Brent Dennis stated, bvthe approval ofthe plan, hecan see those types ofevents will flourish going forward. Council Member Moreno spoke regarding changing the culture of the City to City Council Minutes ofMay 23,D]17 Page 33of34 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim to update the Bicycle Master Plan and making findings inconnection therewith (General Plan Amendment No. 2U17-OO513; Miscellaneous Case No. 2O17-OD851; DEV2017-00007) (2D17Bicycle Master P|an). MOTION: Mayor Tait moved toadopt RESOLUT|ONNO. ARESO0T|ONOF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim b}update the Bicycle Master Plan and making findings inconnection therewith (General Plan Amendment No. 2017-OO513;Miscellaneous Case No. 2O17-00051;C>EV2017-DOD07)/2O17 Bicycle Master P|@n),seconded byCouncil Member Moreno. ROLL CALL VOTE: AYES -6: (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, and Faessel). NOES— O. ABSENT —1:(Council Member Kring). Motion carried. COUNCILREPORT ON CLOSED SESSION ACTIONS: None COMMUNICATIONS/AGENDA REQUESTS: Council Member Murray acknowledged the[JuohafoxagreatseauOnandaskedfovrefecUonand appreciation mfthose who have served during the Memorial Day weekend. Council Member Moreno spoke of the leadership luncheon he attended with Mayor Tait and thanked the Human Resources, the City Clerk's office, Convention, Sports and Entertainment for their department overviews. He spoke about events attended: Fire and Rescue promotion, 8L Anthony Claret fiesta, Children's Festival bythe Anaheim Arts CouOoi|, filming at the Library showcasing the 24 -minute video, "24," that highlights Anaheim students who make it to college. Heannounced District 3budget workshops at the Downtown Community Center onMay 24.the Anaheim Ballet onMay 20at the SegenntromCenter, and District 3community meeting oOMay 30 at the Senior Center and congratulated graduates and alumni's of AUHSD. Council Member Barnes spoke about the WAND BBQ, thanked all new board and commission members for rising to the occasion and encouraged residents to participate in the parks survey. Mayor Pro Tern Vanderbilt encouraged residents to attend community budget meetings, highlighting a budget exercise that allowed residents to participate in the process. Council Member Fae8se|spoke about the community meeting for the opening cf the Bridges Homeless Shelter. Hespoke about his attendance otthe 2017Police Award ceremony, Fire and Rescue event, Children's Fair, and acknowledged the Anaheim Ballet. Hefurther announced District 5budget meeting onMay 30. Mayor Tait congratulated and thanked the Ducks for ogreat season. Hereported his attendance at conference in Denmark to highlight the culture of kindness and creating long hyrD solutions to combat radical violent extremist. He also reported his travels to Mexico City with the Mayor of San Fnanuisoo, at the request ofVisit California and Visit Anaheim, to reaffirm our business and traveling relationship with Mexico. With no further business before the City Council and without objection, Mayor Tait adjounned the meeting of May 23.2O17ot11:34P.M.inmemory ofvictims ofthe Manchester tragedy and 2O17 City Council Minutes of May 23, 2017 Page 34 of 34 Res ectfull ubmittedd, UU"j esa Bass, CMC CMC Acting City Clerk