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03-19-19_ActionANAHEIM CITY COUNCIL ACTION AGENDA MARCH 19, 2019  ORDER OF BUSINESS: Public sessions of all regular meetings of the City Council/Successor Agency to the Redevelopment Agency/Housing Authority/Public Financing Authority/Housing and Public Improvements Authority begin at 5:00 P.M. Public hearings begin at 5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted. Closed sessions may be preceded by one or more public workshops. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. Not all of the above agencies may be meeting on any given date. The agenda will specify which agencies are meeting. All meetings are in the Anaheim City Hall, Council Chambers, 200 S. Anaheim Blvd., Anaheim, CA 92805 or such other location as noted.  REPORTS: All agenda items and reports are available for review in the City Clerk’s Office, the Central Library, and www.anaheim.net. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours.  PUBLIC COMMENTS: There are two Public Comment periods with speakers having one opportunity to address the City Council, except for scheduled public hearing items. The time limit established for public comments is three minutes per speaker unless a different time limit is announced. The City uses speaker cards that must be submitted to the City Clerk in order to address the City Council. Prior to the business portion of the agenda, the City Council and all other related agencies meeting on such date will convene in joint session for the first Public Comment period where speakers will be permitted to speak on specific agenda item(s). This first Public Comment period is limited to 90 minutes or until all agenda item speakers have been heard, whichever is later. Any remaining time shall be provided to non-agenda item speakers until the 90 minute time limitation is exhausted. The second Public Comment period will be opened by the Mayor if any non-agenda item speakers were not called during the first Public Comment period. For public hearings, the Mayor or Chairperson will separately call for testimony at the time of each public hearing. Testimony during public hearings is subject to the following time limits: Project applicant or issue initiator: twenty minutes for initial presentation and ten minutes for rebuttal; Residents within the noticed area of the subject property: ten minutes; All other members of the public: three minutes. Public hearings regarding legislative matters: five minutes. The Mayor or Chairperson may limit the length of comments during public hearings due to the number of persons wishing to speak or if comments become repetitious or irrelevant. Pursuant to Government Code Section 54954.2(a)(2), no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.  ADDITIONS/DELETIONS: Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council or Agency.  CONSENT CALENDAR: Consent Calendar items will be acted on by one roll call vote unless a member(s) requests an item(s) be discussed and/or removed from the Consent Calendar for separate action.  SERVICIOS DE TRADUCCION: (TRANSLATION SERVICES: SEE LAST PAGE OF AGENDA FOR DESCRIPTION IN ENGLISH) La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su petición en el podio. No tiene que usar los servicios de interpretación de la Ciudad; las personas pueden proveer su propio intérprete, si lo desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los intérpretes puedan traducir a un dialecto o regionalismo en particular y rehúsa cualquier responsabilidad que surja de tales servicios. Para servicios de interpretación en otros idiomas, comuníquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada. Harry S. Sidhu, P.E. Mayor Lucille Kring Mayor Pro Tem District 4 Denise Barnes Council Member District 1 Jordan Brandman Council Member District 2 Dr. Jose F. Moreno Council Member District 3 Stephen Faessel Council Member District 5 Trevor O’Neil Council Member District 6 200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net 2 March 19, 2019 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA MARCH 19, 2019 3:30 P.M. Call to order the Anaheim City Council. 3:31 P.M. 3:30 P.M. – WORKSHOP 3:31 P.M. Budget/Capital Improvement Program ADDITIONS\DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: 1 speaker Recess to closed session. 4:37 P.M. CLOSED SESSION 4:37 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Kim McCoy v. City of Anaheim, et al., Orange County Superior Court Case No. 30-2018-01037863 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Shelley McKerren v. City of Anaheim, Orange County Superior Court Case: No. 30-2017-00938143-CU-OE-CJC Reconvene the Anaheim City Council. 5:04 P.M. 5:00 P.M. 5:04 P.M. Invocation: Pastor Mark Bove, Calvary Chapel Anaheim Flag Salute: Council Member Jose F. Moreno Acceptance of Other Recognitions (To be presented at a later date): Recognizing March 31, 2019, as Cesar Chavez Day Recognizing March 2019, as Arab American Heritage Month Recognizing March 2019, as National Poetry Month Recognizing March 2019, as Esophageal Cancer Awareness Month ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): 54 speakers (limited to 90 minutes, or until all agenda item speakers have been heard; any time remaining shall be provided to non-agenda item speakers) 3 March 19, 2019 CITY MANAGER’S UPDATE: City Manager Chris Zapata announced Representative Lou Correa named Linda Andal and Sandra Sagert as Women of the Year and the Anaheim Convention Center recognized Carla Dragovich as the 2018 Employee of the Year. He invited Interim Fire Chief Pat Russell to the podium to report on the recent accreditation process for the Fire & Rescue Department. 5:00 P.M. - CITY COUNCIL 7:38 P.M. Items pulled for discussion: Mayor Sidhu: Item No. 03 Council Member Barnes: Item No. 05 Council Member Brandman: Item No. 22 Council Member Moreno: Item No. 23 MOTION: _LK/DB_ Waive reading of all ordinances and resolutions and adopt the consent calendar. APPROVED VOTE: 7-0 CONSENT CALENDAR: 1. Receive and file minutes of the Community Services Board meetings of November 8, 2018, January 10, 2019 and February 14, 2019; Cultural and Heritage Commission meetings of November 15, 2018 and December 20, 2018; Parks and Recreation Commission meetings of September 26, 2018, October 24, 2018 and December 5, 2018; Public Utilities Board meeting of January 23, 2019; and Sister City Commission meeting of January 28, 2019. 2. Receive an update on homeless efforts in Anaheim (continued to Council meeting of April 2, 2019). 3. Receive an overview on Community Workforce Agreements (CWAs) and direct staff to begin negotiations with the Los Angeles/Orange Counties Building and Construction Trades Council for any future proposed CWA which would be brought forward to City Council for its consideration, further policy direction, and/or approval. Item No. 03 Discussion. MOTION: HS/SF to create a Mayor’s Task Force, with Council Members Brandman and Faessel, to work with staff to negotiate the terms of an agreement with the building trades to be brought back for Council consideration at a future date. ROLL CALL VOTE: 6-1 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, and Faessel; NOES: Council Member O’Neil). Motion carried. 4. Review the 2018 Annual Housing Element Progress Report and direct the Planning and Building Director to submit the report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research. 4 March 19, 2019 5. Adopt the 2019 Legislative Platform that guides the City’s support of, or opposition to, state and federal legislation and authorize city staff to contact federal and state representatives to advocate for legislative proposals consistent with the goals outlined within the 2019 Legislative Platform. Item No. 05 Discussion. MOTION: JM/JB to approve as amended, adding language to Guiding Principle II to oppose unfunded mandates. APPROVED VOTE: 7-0. Motion carried. MOTION: JM/JB to approve as amended, adding language to Guiding Principle III to support workers’ rights. ROLL CALL VOTE: 3-4 (AYES: Council Members Barnes, Brandman, and Moreno; NOES: Mayor Sidhu and Council Members Kring, Faessel, and O’Neil). Motion failed. 6. Approve proclamation recognizing Donate Life Month (April 2019). 7. Approve an increase in the contingency authority for the HVAC System Replacement Project at Anaheim City Hall from the original 20% to 25%, increasing the original contract amount of $975,000 to $1,170,000, due to unforeseen costs resulting in changes to the project scope, and authorize the Purchasing Agent to execute future change orders as necessary up to the new 25% contingency limit to avoid any delays in the completion of the project. 8. Accept the bid of Warren Distributing, Inc., in the amount of $59,206.30 plus a 20% contingency, for the purchase of AC-Delco and Motorcraft repair parts for a one year period with four one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9260. 9. Accept the bid from Dry Canyon, LLC, in the amount of $36,405.86 plus applicable tax, for the purchase of flame resistant clothing for a one year period with up to four one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9248. 10. Award the contract to the lowest responsible bidder, Shawnan, in the amount of $1,309,893.20, for the La Palma Avenue and Magnolia Avenue Rehabilitation Project, authorize the Finance Director to execute the Escrow Agreement, and determine the project is categorically exempt under the California Environmental Quality Act. 11. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue master agreements to KONE, Inc., in the combined amount not to exceed $780,000, for elevator and escalator maintenance and repair services in various City facilities and the Anaheim Convention Center for a one year period with option to renew in accordance with the terms of the U.S. Communities Cooperative Contract EV2516. 5 March 19, 2019 12. Waive Council Policy 4.1 and approve an agreement with Scott Maddy dba SDM Consulting, Inc., in an amount not to exceed $150,000 annually, from February 1, 2019 to January 31, 2020 with an option to renew for two consecutive one-year periods, to coordinate and manage police facility infrastructure projects, coordinate with Anaheim Police Department Information Technology staff on projects within police facilities, and manage and maintain the department’s 800 mhz radio systems; and authorize the Chief of Police to execute the agreement and take the necessary actions to implement and administer the agreement. 13. Approve an agreement (Contract No. C-130827) with CSU Fullerton Auxiliary Services Corporation, as fiscal and administrative representative for California State University, Fullerton, in an annual amount of $76,621 plus a 10% annual contingency, for the coordination, development, implementation, and administration of a summer college internship program at the City of Anaheim for a one year period with up to four one-year extensions, and authorize the Public Utilities General Manager, or designee, to execute the agreement and any other related documents, and take all action as are necessary, required, or advisable to fund, implement, and administer the agreement. 14. Approve and authorize the City Manager to execute Cooperative Agreement No. C-8-2015 with Orange County Transportation Authority, in the estimated cost of $54,422.11, for the administration of the Orange County Taxi Administration Program (OCTAP) effective January 1, 2019 through December 31, 2020 and adopt the new OCTAP regulations. 15. Approve and authorize the Chief of Police, or his designee, to execute the Subaward Agreement with the City of Los Angeles, in the amount of $280,000, for reimbursement of funds expended for training and exercises, and to execute any other required documents authorized under the FY 2016 Program to Prepare Communities for Complex Coordinated Terrorist Attack Grant, and amend the Police Department budget for Fiscal Year 2018/19 accordingly. 16. Approve the First Amendment to Agreement with Lyons Security Service, Inc., increasing compensation by $50,000 for a total amount not to exceed $199,429.30, for additional security patrol services in City parks for the initial term May 21, 2018 through May 20, 2019; any additional renewals as allowed by the original Agreement shall not exceed $165,000 annually, and authorize the Community Services Director to execute the amendment and take the necessary actions to implement and administer the amendment. 17. Approve the First Amendment to Workforce Innovation and Opportunity Act Occupational Training Agreement with Career Development Solutions, LLC, dba New Horizons Career Development Solutions, increasing the not to exceed amount from $250,000 to $350,000, for continued occupational skills training for individuals receiving services through Anaheim Workforce Connection and authorize the Workforce Development Manager, or her designee, to administer the amendment. 18. RESOLUTION NO. 2019-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting the 2020 Census Partnership. 6 March 19, 2019 19. RESOLUTION NO. 2019-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying and approving the actions of the Anaheim Director of Public Works, or designee, in submitting a grant application on behalf of the City of Anaheim to the State Water Resources Control Board Division of Financial Assistance for the Proposition 1 Storm Water Grant Program for the Ball Road Storm Water Improvements Project and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly and determining that these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Guideline Section 15303 (grant funds in the amount of $5,141,166). 20. RESOLUTION NO. 2019-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit an application to the United States Department of the Interior, Bureau of Reclamation for the WaterSmart Grants: Drought Resiliency Projects for Fiscal Year 2019 for the La Palma/Richfield: Urban Model for Storm Water Detention and Infiltration Project and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly; and determining that these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities) and Class 2, Section 15302 (Replacement or Reconstruction) (grant funds in the amount of $750,000). 21. RESOLUTION NO. 2019-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of two Public Utility Easements located at 3190 East Miraloma Avenue pursuant to California Streets and Highways Code Section 8330, Et Seq. - Summary Vacation. (ABA2018-00380). 22. RESOLUTION NO. 2019-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM expressing support of Senate Bill 689 regarding Needle and Syringe Exchange Programs. Direct staff to submit a letter to the state legislature expressing support of Senate Bill 689. Item No. 22 Discussion. MOTION: JB/JM to postpone consideration until bill passes out of Senate Health Committee. ROLL CALL VOTE: 3-4 (AYES: Council Members Barnes, Brandman, and Moreno; NOES: Mayor Sidhu and Council Members Kring, Faessel, and O’Neil). Motion failed. MOTION: TO/HS to approve as presented. ROLL CALL VOTE: 5-2 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Faessel, and O’Neil; NOES: Council Members Brandman and Moreno). Motion carried. 7 March 19, 2019 23. ORDINANCE NO. 6460 (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. 2018-00317; DEV2017-00124) (reclassify property from “I” (Industrial) to “RM-3.5” (Multi-Family Residential) zone; 39-unit, attached single-family residential project at the easterly terminus of North Street and Wilhelmina Street, approximately 150 feet east of the centerline of Pauline Street) (Introduced at Council meeting of March 5, 2019, Public Hearing Item No. 15). Determine that the proposed Reclassification No. 2018-00317 to reclassify the property was adequately analyzed pursuant to the Mitigated Negative Declaration approved in conjunction with the project on March 5, 2019. Item No. 23 Discussion. MOTION: JM/JB to continue. ROLL CALL VOTE: 2-5 (AYES: Council Members Barnes and Moreno; NOES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O’Neil). Motion failed. MOTION: HS/TO to approve as presented. ROLL CALL VOTE: 5-2 (AYES: Mayor Sidhu and Council Members Kring, Brandman, Faessel, and O’Neil; NOES: Council Members Barnes and Moreno). Motion carried; ordinance adopted. END OF CONSENT CALENDAR 9:29 P.M. 24. Receive an update on negotiations with Angels Baseball regarding Angel Stadium of Anaheim and the Stadium Site. Item No. 24 Discussion. MOTION: TO/LK direct the City Manager to provide updates as needed. ROLL CALL VOTE: 5-2 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Faessel, and O’Neil; NOES: Council Members Brandman and Moreno. Motion carried. 25. Receive an overview of rental affordability in the City of Anaheim and rent stabilization tools in use in other jurisdictions and provide direction to staff should the Council desire additional action. Item No. 25 Discussion. MOTION: TO/LK to create a working group of Mayor Pro Tem Kring and Council Members Faessel and O’Neil to develop a comprehensive plan to increase housing affordability at all levels and bring recommendations back to Council at a later date. MOTION: TO/LK to call the question. ROLL CALL VOTE: 5-2 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Faessel, and O’Neil; NOES: Council Members Brandman and Moreno). Motion carried. MOTION: TO/LK to create a working group of Mayor Pro Tem Kring and Council Members Faessel and O’Neil to develop a comprehensive plan to increase housing affordability at all levels and bring recommendations back to Council at a later date. ROLL CALL VOTE: 5-2 (AYES: Mayor Sidhu and Council Members Kring, Barnes, Faessel, and O’Neil; NOES: Council Members Brandman and Moreno). Motion carried. 8 March 19, 2019 26. Consider (re)appointments to city Boards and Commissions to serve terms through December 31, 2022 (continued from the Council meeting of March 5, 2019, Item No. 14). Community Services Board: Mayoral appointment: Gloria Ma’ae (December 31, 2022) Mayor Sidhu nominated Gloria Ma’ae. ROLL CALL VOTE: 7-0. Nomination approved. Cultural and Heritage Commission: Mayoral appointment: Suman Marwah (December 31, 2022) Mayor Sidhu nominated Suman Marwah. ROLL CALL VOTE: 7-0. Nomination approved. Parks and Recreation Commission: Mayoral appointment: Yogesh Shah (December 31, 2022) Mayor Sidhu nominated Yogesh Shah. ROLL CALL VOTE: 7-0. Nomination approved. Land Use - Zoning Report on Closed Session Actions: City Attorney Robert Fabela announced, regarding Closed Session Item No. 1, Council unanimously supported a cross-claim by the City against the co-defendants. PUBLIC COMMENTS (non-agenda items): 3 speakers Council Communications/Agenda Requests: Council Member Barnes reported she attended the National League of Cities conference in Washington, D.C., March 8-12. She also announced her attendance at the Veterans of Foreign Wars (VFW) awards night and the Boys and Girls Club fundraiser. She displayed a photo and addressed homelessness, the Union Pacific Railroad property, and city efforts, further requesting reimbursement for city expenditures and a report back. Mayor Pro Tem Kring reported the city paid for her trip to Sacramento. She announced her attendance at the Boys and Girls Club gala and the ground-breaking for Roosevelt Elementary School. She requested the meeting be adjourned in memory of the 50 Muslims killed in New Zealand. Council Member Faessel reported his participation and attendance in Reading Across America at Jefferson Elementary School, the North Anaheim Little League opening day, the annual volunteer recognition luncheon, St. Jude Medical Center dinner and noted their upcoming care facility adjacent to Ponderosa Park, and an appreciation lunch for city employees and their work with homelessness. He provided historical information about the incorporation of the city on March 18, 1876, announced the 130th anniversary of St. Catherine’s Academy, and requested the meeting be adjourned in memory of former Public Utilities employee Cy Temple and Lions Club member Rod Wallace. Council Member Brandman reported the city paid for his travel, lodging, and meals while attending the Equality in California legislative summit on March 14-15. 9 March 19, 2019 Council Member Moreno announced the construction project at Dale Junior High School and their career day on March 8 and his attendance at the North Anaheim Little League opening day, a District 3 neighborhood meeting with staff presentations, a vigil at the Islamic Institute of Orange County for the events in New Zealand, and a Dr. Seuss Day at Lincoln Elementary. He announced a community meeting at Rancho La Paz mobile home park on March 20 at 6:00 P.M. He requested a future agenda item to consider an ordinance requiring just cause evictions, concurred by Council Members Barnes and Brandman, and an agenda item to develop an immediate, temporary rental-spike relief ordinance or policy, concurred by Council Members Barnes and Brandman. Mayor Sidhu acknowledged the two events recognizing citywide volunteers and city staff for their efforts regarding homelessness. He announced he was travelling to Sacramento on March 20th to participate in the Big City Mayors lobby day. Adjournment: 11:42 P.M. in memory of Rod Wallace, Cy Temple, and the victims of the New Zealand mosque shootings. Next regular City Council meeting is scheduled for April 2, 2019. All agenda items and back-up materials are available for review at the Anaheim City Clerk’s Office, www.anaheim.net and the Central Library. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the City Clerk’s Office either in person at 200 South Anaheim Boulevard, Anaheim, CA 92805, or by telephone at (714) 765-5166, no later than 10:00 AM on the day preceding the scheduled meeting. TRANSLATION SERVICES: Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) is also available to anyone addressing the Council by stating your request at the podium. The use of city provided interpreters is not required and persons are welcome to use their own interpreter. Because many dialects and regionalisms exist the City cannot guarantee that interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability alleged to arise from such services. For translation services in other languages, contact the City Clerk’s office no later than 48 hours prior to the scheduled meeting. POSTING STATEMENT: On March 14, 2019, a true and correct copy of this agenda was posted on the kiosk outside City Hall, 200 S. Anaheim Blvd., Anaheim, CA 92805. Internet Access to City Council/Successor Agency to the Redevelopment Agency/Housing Authority agendas and related material is available prior to City Council Meetings at www.anaheim.net.