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09/25/2018ANAHEIM CITY COUNCIL REGULAR MEETING OF SEPTEMBER 25, 2018 The regular meeting of September 25, 2018 was called to order at 3:06 P.M. in the City Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on September 21, 2018. PRESENT: Mayor Tom Tait and Council Members Jose F. Moreno, Denise Barnes, and Stephen Faessel. Council Member Kris Murray joined the meeting at 3:17 P.M. Council Member James Vanderbilt joined the meeting at 4:02 P.M. ABSENT: Council Member Lucille Kring STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk Linda Andal. WORKSHOP: Proposed Beach Boulevard Specific Plan Planning and Building Director David Belmer introduced Principal Planner Susan Kim, Senior Planner Gustavo Gonzalez, and Karen Gulley, Consultant, Place Works, Inc., as members of the project team who were present for the presentation. Mr. Belmer advised that the Beach Boulevard Specific Plan went back to 2014 when scoping meetings in the area were conducted to ask the public about what they envisioned for West Anaheim and Beach Boulevard. He advised that, in July 2015, the City applied for a grant through the Sustainable Communities Regional Planning Grant, of which $500,000 was awarded. He noted that the grant required a City match of $250,000 and an additional investment of $200,000 in staff hours, making the initial grant close to $1 million. He conveyed to Council that a tremendous amount of outreach had taken place, including over 40 touches throughout the community which included workshops, pop-up meetings, the creation of two (2) informational websites, and the formation of the Community Advisory Committee to help work through the plan. Mr. Belmer advised that one of the goals with the Beach Boulevard Specific Plan was to create a very user friendly document for the public. He encouraged anyone interested in the Plan to read the entire document, however, an important portion was Chapter 2: Key Themes, Visions, Guiding Principles which came directly from the community outreach. Guiding principles included aesthetic and infrastructure improvements along the corridor, providing for a balanced mix of uses, boosting the economy, promoting sustainability, improving existing safety and living conditions, creating gathering spaces, and branding Beach Blvd. He highlighted Chapter 4 which focused on areas of change, development areas, development and design regulations, permitted uses, corridor design concepts, branding, and outdoor places. He explained that the Beach Boulevard Specific Plan extends from Lincoln Avenue to the north and Ball Road to the south and indicated that there were some key areas that would likely change. Mr. Belmer presented proposed development areas and spoke about the first area, Motel Row, located on the west side of Beach Blvd. north of Ball Road and south of Orange Avenue. He explained that the hotels were no longer being used for tourism and staff proposed to change the zone to Residential Medium (R -M) which would elevate the conditions residents were City Council Minutes of September 25, 2018 Page 2 of 17 seeing with the properties and would bring residential properties to Beach Boulevard. He further explained that one of the consistent themes heard was that residents want better shopping and dining opportunities. The second area of change was a site known as Westgate (now 39 Commons) which would call for Mixed -Use Medium (MU -M) zoning which would allow a small portion of residential, a more interesting vibe, and could be either for residential or commercial office. Another area of change would be Mixed Use High (MU -H) which allows for a higher density type similar to The Boardwalk in Huntington Beach. Another area where Mixed -Use High (MU -H) could be used was the medical center depicted in the presentation and could be used as a senior facility given its proximity to the medical center. Mr. Belmer explained that Neighborhood Commercial (NC) would not change the area but would change the way the use was deployed or employed. Regional Commercial (RC) would be used in the area referred to as 39 Commons and would allow specialty markets such as Sprouts to build, noting they have already expressed interest in the area. Mr. Belmer also stated that Beach Boulevard itself would be focused on through the goal of mobility and it was proposed to add three (3) feet of landscape and change the light standards to create a theme and identity for Beach Boulevard. He advised that branding was very important as it created new excitement and, through the efforts of Mayor Tait, the rebranding and celebration of Beach Boulevard history had already begun. As to the project plan status, Mr. Belmer advised that the Plan was currently in a 45 -day review period which closes on October 8, 2018. The Environmental Impact Report has been completed and the project team was awaiting comments. He advised a Planning Commission hearing would be held October 291h and the tentative City Council hearing would be scheduled for November 13, 2018. DISCUSSION: Mayor Tait noted that a lot of progress had been made. He also stated that one of the concerns was crime and safety and commended the Anaheim Police Department for making the area safer. He also spoke about the issues of homelessness for which the building of the 200 bed temporary shelter and the 400 bed emergency shelter should hopefully make an impact in the homeless population in West Anaheim. Mayor Tait stated that he liked the idea of character and place -making and felt that Beach Boulevard was going to be the place to be, likeining Beach Boulevard to Sunset Boulevard as an iconic street. Mayor Tait suggested that the City work with artists to make mile markers part of the identity. Mayor Tait further commended Council Member Barnes for her passion for West Anaheim and to champion this plan and again reiterated that West Anaheim was quickly becoming very desirable. Council Member Barnes thanked the Beach Boulevard Specific Plan team for their tremendous effort on this project and was very excited to see the economic change in the area. Council Member Faessel asked if the plan and streetscape was consistent with what the City has witnessed recently with the City of Buena Park's transformation of Beach Boulevard. Mr. Belmer indicated that it was consistent, but the salient concern was the desire to transform more of the private spaces. He also commended Anaheim Public Utilities for working hard to bury the overhead power lines to add to the aesthetics of Beach Boulevard. Council Member Faessel asked for clarification on how the City would ensure that this would happen especially since there are many small lots up and down Beach Boulevard. He also inquired how it will attract developers to deliver the big changes promised to the community. In response, Mr. Belmer noted that one thing that positioned Anaheim well was that the City owned much of the property and could oversee what happenned on those properties. He also City Council Minutes of September 25, 2018 Page 3 of 17 stated that the Plan has been very deliberate to set high expectations and felt it would be difficult for a developer to come in and propose a site design that was substandard. City Manager Chris Zapata stated that he shared Council's sense of urgency and now that plan work was finally complete, it would help the City fast-track investment with new tools such as Opportunity Zones. As a resident of the area, he would also like to see some type of technology employed in that area, such as cameras for public safety. Council Member Murray stated that this was a great day for the City and it has been quite a vision. She acknowledged the project plan team, past and present, and further stated that the direction and vision was really driven by the West Anaheim community and all of the leadership of Renew West Anaheim. She also stated that technology was a major component to economic growth and success of the area. Mayor Pro Team Moreno asked about the plans for the two acres by the Youth Center. In response, Mr. Belmer indicated that this was going to be a mixed-use project and potential a Senior Housing development in West Anaheim. Mayor Tait noted that the Beach Boulevard Coalition was planning a celebration in 2019 with each city along the route planning a day -long festival and using the street as a venue. Mayor Tait also thanked Council Member Barnes and Vanderbilt for their continued efforts. Council Member Murray requested that the PowerPoint presentation be made available for the public. ADDITIONS\DELETIONS TO CLOSED SESSION: City Attorney Robert Fabela announced Closed Session Item No. 3 related to a claim by Tiffany Stewart. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 4:01 P.M., Mayor Tait recessed to closed session for consideration of 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Palmer v. City of Anaheim, Orange County Superior Court Case No. 30-2017-00938646-CU-JR-CXC 2. 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 Case: Service Employees International Union; Anaheim Firefighters Association; Anaheim Municipal Employees Association -General, Clerical and Part - Time Police Cadet Units; and Anaheim Police Management Association City Council Minutes of September 25, 2018 Page 4 of 17 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 REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: Assessor Parcel Number: 232-072-06: 2626 E. Katella Ave, Anaheim, CA 92806; Assessor Parcel Number: 253-601-02: 1621 S. Douglass Rd, Anaheim, CA 92806; Assessor Parcel Number: 253-521-16 and 253-521-17: 2695 E. Katella Ave, Anaheim, CA 92806 Agency Negotiator: Chris Zapata, City Manager; Linda Andal, City Clerk; and Tom Morton, Convention, Sports and Entertainment Executive Director Negotiating Parties: Anaheim Arena Management and City of Anaheim Under Negotiation: Price and Terms of Payment At 5:32 P.M., the City Council session was reconvened. INVOCATION: Pastor Mark Bove, Calvary Chapel Anaheim FLAG SALUTE: Council Member James Vanderbilt PRESENTATIONS: Recognizing Somos Anaheim for supporting the Anaheim Community Mayor Tait recognized Veronica Rodarte, Juan Alvarez, Alejandrina Arellano, Elsa Covarrubias, and Erika Sanchez from Somos Anaheim for their work in supporting the Anaheim community. Mayor Tait recognized Somos Anaheim for their continuing community efforts through Canastas for College Anaheim and for coordinating the annual Dia De Los Muertos community event. He highlighted that Somos Anaheim has been recognized as a community leader by the Orange County Human Relations Commission. Recognizing Miss Anaheim 2018 and Miss Anaheim Hills Court 2018 Mayor Tait recognized J.R. Nessary, Miss Anaheim 2018; Cameron Doan, Miss California's Outstanding Teen 2018; Abby Omolafe, Miss Anaheim Hills 2018; and Helena Czochanski, Miss Anaheim Hills Outstanding Teen 2018, and thanked them for their countless hours volunteering around the City with various community groups. He also thanked the entire staff of the Miss Anaheim Scholarship Association, led by Executive Directors Sharon and Patrick Cordes. Acceptance of Other Recognitions (To be presented at a later date): Proclaiming September 17-23, 2018, as Constitution Week Proclaiming September 2018, as World Alzheimer's Awareness Month Patty Moutin, Vice President of Advocacy and Outreach for Alzheimer's Orange County, thanked Council for the recognition and thanked them for their participation in the Orange City Council Minutes of September 25, 2018 Page 5 of 17 County Strategic Plan for Aging. She advised Council that the Walk for Alzheimer's would take place on November 10, 2018 at Angel Stadium. Mayor Tait noted that the City wanted to focus on senior loneliness this year and put a strong emphasis on its senior community. He requested that the City Manager light up its train station in blue to honor Alzheimer's Awareness month. Proclaiming October 7-13, 2018, as Public Power Week Janet Lonneker, Assistant General Manager, Anaheim Public Utilities, thanked Council and spoke to the mission of Anaheim Public Utilities as a non-profit organization. She also advised Council that in celebration of Public Power Week, they would be hosting 160 students from local schools to learn about power and how it gets to their homes. She also invited the public to attend the Anaheim Farmer's Market on October 11, 2018 where booths will be available for information on power and available rebates. ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS: Prior to receipt of public comments, a brief decorum statement was provided by City Clerk Linda Andal. Cecil Jordan Corkern, Outreach Homeless Ministries, presented Mayor Tait with a recognition for his support and reported on his outreach efforts Paul Hyek requested Council look into cleaning the bus stops at the intersection of Euclid and Katella, indicated that he was having problems with a food cart in the area, and homeless were blocking the sidewalk. William Fitzgerald, Anaheim Home Owners Maintaining Our Environment, spoke about Disneyland and the activities of Anaheim City Council Candidate Harry Sidhu and incumbent Council Member James Vanderbilt. He also provided Council with documentation that Council Member Vanderbilt was not an officer in the military. Mayor Tait stated that any member of the public may speak to Council regardless if their comments were true or unfounded. Council Member Vanderbilt advised that he intended to respond to Mr. Fitzgerald with documentation of his military service. Mark Richard Daniels, Anaheim Cultural & Heritage Commission - District 1, spoke about the homeless issue. He felt that this was a human tragedy, was beyond the scope of Council's duties, and thanked them for working on the situation. Gail Courtney, Executive Director, First Tee of Orange County, spoke about their organization that teaches character education and life skills through the game of golf. She asked Council to consider their request to move operations to the Dad Miller Golf Course. John Dutton encouraged the community to thank City employees for their public service, to give newly appointed Police Chief Jorge Cisneros time to acclimate to the job, and to request that Access California Services broaden their employment base to more minorities. He also requested that Brookhurst Community Service Center be considered to be the operation center for the Jr. Cadet program. City Council Minutes of September 25, 2018 Page 6 of 17 Sharif Elkatan spoke about being overcharged by Anaheim Public Utilities. Reni Vidovich, First Tee of Orange County, expressed her gratitude for the consideration of bringing the program to the Dad Miller Golf Course. Lillie Arellanes, a student at Westmont Elementary and participant in the First Tee of Orange County, spoke regarding her participation in the program and noted that moving the program to Dad Miller Golf Course would allow her to golf regularly, not just during tournaments. Jay Burress, President and CEO, Visit Anaheim, advised Council and residents that the Orange County Auto Show would take place October 4 — 7, 2018 at the Anaheim Convention Center and Anaheim residents were eligible for a free ticket for opening day and could navigate to www.autoshowoc.com to register. "The Cameraman" spoke of the availability of the Press Room in the lobby of the Anaheim Police Department and inquired about a dispatch record provided under the Public Information Act. Lou Noble spoke about the criminalization of the homeless population and inquired about constitutional laws for homeless and their property. Bryan Kaye apologized to Council Member Moreno and offered a retraction regarding misstatements he had made about donations made by the Anaheim Police Department to Council Member Moreno's campaign. He also noted that Anaheim Police were working to maintain a professional demeanor when working with the homeless community. Mayor Pro Tem Moreno thanked Mr. Kaye for his apology and stated for the record that it was the Anaheim Police Officers Association, not the Anaheim Police Department, who spent money on political campaign PACs. Vern Nelson sang an original song for Council regarding Disneyland workers and politics in the area. Tim Schindler apologized to Mayor Tait and Mayor Pro Tem Moreno regarding comments he had made about the City's commitment to the Orange County Needle Exchange Program. He also appreciated Mayor Pro Tem Moreno's willingness to have a conversation about the topic. Jeanine Robbins spoke of the Disney Corporation's campaign funding to Support Our Anaheim Resort Area. She addressed homelessness including Police Department information regarding signs in parks serving as notice regarding belongings, the shelter beds available to the homeless, and the Life Rebuilding Center Project. Mike Robbins addressed Council regarding the subsidies provided to Disneyland. Cynthia Ward, Anaheim Mayoral Candidate, invited Council and residents to the Anaheim Mayoral Candidates Forum at Katella High School auditorium on September 26, 2018 and requested Council consider removing Consent Calendar Item No. 12 from the agenda in order to obtain additional information regarding best practices. City Council Minutes of September 25, 2018 Page 7 of 17 Kenneth Batiste spoke regarding the homeless and stated that Disneyland does not need to be the motivating factor in the decisions Council makes regarding the homeless community. COUNCIL COMMUNICATIONS: Council Member Murray presented a SMART City program including its goals and components, and asked staff to bring the program back for Council consideration at the first meeting in November to include an ordinance, strategic technology master plan, and program implementation timeline. Council Member Faessel recognized staff for coordinating a meeting to discuss nuisance properties in District 5. Council Member Vanderbilt asked staff to follow-up on a public comment regarding bus stops on Katella Avenue needing extensive cleaning. Mayor Pro Tem Moreno asked staff to schedule the proposed public arts ordinance for Council consideration. He announced the 13th Annual Mariachi Festival at Pearson Park on September 29 and the Anaheim Health Fair and Citizenship Clinic at the Convention Center on September 29-30. Mayor Tait thanked Patriots and Paws volunteers, reported his attendance at the 140th anniversary of United Methodist Church on State College, congratulated staff and his Council colleagues on the Beach Blvd. Specific Plan workshop, and requested a presentation on the 39 Commons project. CITY MANAGER'S UPDATE: At the request of the City Manager, Public Works Director Rudy Emami reported the city had collaborated with community schools and their students in conjunction with the Born this Way Foundation. He advised that out of this partnership, a "Kindness Way" street sign was developed by the participating students that created a permanent reminder that Anaheim is a City of Kindness and that improves the driving behavior around community schools. He thanked City Manager Chris Zapata for his support of this endeavor. CONSENT CALENDAR: At 7:05 P.M., the City Council Consent Calendar was considered with Council Member Barnes and Vanderbilt pulling Item No. 10, Mayor Pro Tem Moreno pulling Item No. 12, and Mayor Tait pulling Item No. 07 for separate discussion and consideration. MOTION: Council Member Faessel moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. 1. Approve recognitions for Small Business Saturday (November 24, 2018); Hannahlei D116 Cabanilla who recently won the dance competition "So You Think You Can Dance"; and Heather Fuller for her act of kindness. City Council Minutes of September 25, 2018 Page 8 of 17 2. Approve the Investment Portfolio Report for August 2018. D117 3. Accept the bid from RCA Investments, in the amount of $51,506.36 plus a 15% contingency and applicable tax, for the purchase of BMW motorcycle parts for a one D180 year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9185. 4. Accept the bid from McPrint Direct, in the amount of $27,720 plus a 20% contingency, to provide printing and mailing services for Public Works community notices, for a one year period with up to four one-year optional renewals and authorize the Purchasing D180 Agent to exercise the renewal options, in accordance with Bid #9172. 5. Accept the bids of Mekong Printing and Tajen Graphics, Inc., in a combined amount not to exceed amount $79,000 plus applicable tax, and a 20% contingency, for citywide specialty, digital and litho printing services, for a one year period with four D180 one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9170. 6. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Crown Building Services, Inc., in the D180 amount of $35,740 plus applicable taxes, for performing all the work necessary to clean the interior and exterior windows of the Anaheim Convention Center south facility and the Anaheim Arena. 8. Authorize the Director of Public Works to execute a Release for Property Damage Only related to the damage caused during the Anaheim West Tower 2nd Floor Housing and AGR- Workforce Development Tenant Improvement Project. 10933.0.1 9. Approve an agreement with GHD, Inc., in an amount not to exceed $300,000, to provide professional engineering services for the Citywide Wastewater Fee Study and AGR- authorize the Director of Public Works, or designee, to take the actions necessary to 11211 implement the agreement. 11. Approve the Service and Software License Agreement with Third Chapter Partners, in the amount of $36,950, to provide and install Patron Point, a managed marketing AGR- service and automation platform specifically for libraries for a one year period with a 11213 one-year automatic renewal; and authorize the City Librarian, or designee, to administer the agreement. 13. RESOLUTION NO. 2018-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM dedicating certain city -owned property for public street and P172 utility purposes (ACQ2016-00796; property adjacent to 800-1008 West Katella Avenue). City Council Minutes of September 25, 2018 Page 9 of 17 14. RESOLUTION NO. 2018-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a new Memorandum of Understanding establishing D154.8 terms and conditions of employment for employees in the Part -Time Police Cadet classification represented by the Anaheim Municipal Employees Association. 15. RESOLUTION NO. 2018-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing D154.6 terms and conditions of employment for employees in classifications represented by the Service Employees International Union, United Service Workers West. D114 16. Approve minutes of the City Council Meeting of May 8, 2018. END OF CONSENT CALENDAR: 7. Waive the competitive bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a Master Agreement to the Orange County Conservation D180 Corps, in an amount not to exceed $75,000, to provide various recycling services and cleanup of litter and debris as needed for the Streets and Sanitation Division of the Public Works Department, for the period October 1, 2018 through June 30, 2019; and authorize the Purchasing Agent to enter into future labor based agreements with the Orange County Conservation Corps, when requested by City Departments for similar types of work, in amounts not to exceed the $100,000 limit delegated to the Purchasing Agent to award competitive solicitations. Barry Bartlett, Purchasing Agent, reported that this request would enter the City into a master agreement with the Orange County Conservation Corp (OCCC) to provide part-time, as - needed support to the Public Works Department. He advised that services would include daily cleaning of bus shelters, weed abatement, alley cleaning, and the major component would be to support the collection and sorting of recyclable materials per the California Recycle Beverage Container Grant. OCCC will provide a team, including a crew supervisor, that will be available to come out on short notice and for a much more reasonable cost than a commercial contractor. Public Works Director Rudy Emami advised that OCCC was an organization that supported at - risk youth through employment to learn much needed job skills and that this would be a great partnership for the City. DISCUSSION: Council Member Vanderbilt applauded the hard work that Council Member Murray has done to clean up parks. He raised concerns regarding the thorough cleaning of the parks including the periphery such as medians, sidewalks, and alleys. Council Member Murray thanked Mr. Emami for bringing the OCCC program back to Anaheim and thanked Katharyn Muniz, Executive Director of the Orange County Conservation Corp, for meeting with her and advising on the wide variety of programs and services they could offer. MOTION: Mayor Tait moved to waive the competitive bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a Master Agreement to the Orange County Conservation Corps, in an amount not to exceed $75,000, to provide various recycling services City Council Minutes of September 25, 2018 Page 10 of 17 and cleanup of litter and debris as needed for the Streets and Sanitation Division of the Public Works Department, for the period October 1, 2018 through June 30, 2019; and authorize the Purchasing Agent to enter into future labor based agreements with the Orange County Conservation Corps, when requested by City Departments for similar types of work, in amounts not to exceed the $100,000 limit delegated to the Purchasing Agent to award competitive solicitations, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. 10. Approve a License Agreement with The First Tee of Orange County to provide AGR- educational programs at the Dad Miller Golf Course for a term of five years, which may 11212 be terminated at any time by either party by giving a 30 -day written notice. Director of Community Services Larry Pasco advised Council that this request would approve a License Agreement with The First Tee of Orange County to provide educational programs at the Dad Miller Golf Course. He advised that the program positively impacts the lives of young children and that a typical program runs nine (9) weeks, and most students were on a full or partial scholarship completely underwritten by the organization. Staff believes that the proposed partnership will greatly benefit local youth by fostering an environment of continued learning while also creating an appreciation for the game of golf, resulting in increased participation at the Dad Miller Golf Course. DISCUSSION: Council Member Barnes thanked staff and asked for clarification of the location for the modular trailer. In response, Mr. Pasco advised that the modular trailer would not be placed in usable space at Dad Miller Golf Course. Council Member Murray thanked all those who brought this opportunity to the community and hoped families would take advantage of this program. Council Member Faessel noted it was great to see an operation such as The First Tee choose Dad Miller Golf Course for their program site. Mayor Pro Tem Moreno stated that he was excited for the partnership to use the city's park space to service the youth of the community. He asked if here was a formal partnership with the school district to bring awareness of the program, such as what was happening with the Tiger Woods Learning Center. Mr. Pasco advised that the First Tee has a strong marketing program in place and planned to serve 1,500 students per year. Mayor Tait also stated his excitement for the program and looked forward to the partnership. MOTION: Mayor Pro Tem Moreno moved to approve a License Agreement with The First Tee of Orange County to provide educational programs at the Dad Miller Golf Course for a term of five years, which may be terminated at any time by either party by giving a 30 -day written notice, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. City Council Minutes of September 25, 2018 Page 11 of 17 12. Approve the First Amendment to Agreement with City Net to increase the contract AGR- amount by $90,000, for a total not to exceed amount of $250,000 annually, with the 7999-11.1 option to renew for two one-year terms, and authorize the City Manager to execute and administer the agreement and renewal options on behalf of the City. DISCUSSION: Mayor Pro Tem Moreno requested clarification from City Net on how services would be tracked to ensure services and funding were appropriate. In response, Matt Bates, City Net Vice President, advised that a series of reports were required with the contract including monthly, quarterly, and annual reports on the goals that have been established. He further advised that outreach contacts, client engagement, street exits (as identified by HUD), and recidivism rates were also tracked but they also work on case management plans with the clients, which mainly focus on housing, but may also include healthcare and other services. Mayor Pro Tem Moreno inquired on best practices when someone refused services. In response, Community Preservation and Licensing Manager Sandra Sagert advised that the proposed amendment would allow City Net to increase homeless outreach services from two (2) days to five (5) days per week, Monday through Friday, 9:00 A.M. to 5:00 P.M. She noted City Net had relocated their headquarters to Anaheim and have employed some of their clients as Peer Engagement Specialists. Dr. Brad Fieldhouse, Executive Director, City Net, advised that the proposal was to add two staff members in the van to respond to requests, including a Peer Engagement Specialist who, having once been homeless, will have a unique skill set to engage the homeless community. Mr. Bates advised Mayor Pro Tem Moreno that this contract allows City Net to increase their volume of engagements, which will translate into higher results. Ms. Sagert noted that the funding source would come from the North Orange County Task Force Grant and part from the City Administration Budget; the additional two years on the contract would come from the budget cycle. Council Member Faessel supported the initiative but stated he would like to see this program be available on the weekends instead of exclusively during business hours. He also wanted to know how the City would get their parks back to the residents for their intended use. Ms. Sagert advised Council Member Faessel that the City did see success with City Net in the past and that staff can negotiate and review the work hours based on the needs. Dr. Fieldhouse advised that the majority of the partnerships they have are during business hours, Monday through Friday. They also support the structured times so that the homeless population will know when to expect them but they were open to adjusting and shifting as needed. Council Member Murray thanked City Net for the robust services they provide to the homeless community and supported the initiative. Council Member Vanderbilt asked if the new location would be administrative, which Mr. Bates confirmed. Council Member Barnes asked about Operation Home Safe and if there was a plan after the initial six month review. Mr. Bates advised that they did participate, they were redeployed, and City Net's role has been at the direction of the County to follow up with the homeless community. City Council Minutes of September 25, 2018 Page 12 of 17 Council Member Murray noted that Operation Home Safe was never intended to be a solution to the homeless crisis, but to serve as an initial response to a specific issue. City Net provided case management in that instance and was not involved in the long-term goal. Mayor Pro Tem Moreno agreed that Operation Home Safe was an intervention to find an immediate solution to the immediate problem and the overall Anaheim homeless solution was not intended to be solved with Operation Home Safe. Council Member Murray thanked City Net again for their services and advises that Operation Home Safe did fill an immediate need and some of the results, including filling Anaheim hotels, was out of the Council's control. Mayor Tait thanked City Net for all of their hard work in the area since they began their partnership in 2014. He asked for clarification of what it takes to move a homeless person into shelter. Dr. Fieldhouse noted that every situation was different for each individual and that they work to prioritize the conversations to tailor a solution for each need. MOTION: Mayor Pro Tem Moreno moved to approve the First Amendment to Agreement with City Net to increase the contract amount by $90,000, for a total not to exceed amount of $250,000 annually, with the option to renew for two one-year terms, and authorize the City Manager to execute and administer the agreement and renewal options on behalf of the City, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — (Council Member Kring). Motion carried. Mayor Tait considered the agenda out of order, taking Item No. 18 prior to the remainder of the agenda. 18. Consider the city's supplemental plan to address matters related to homelessness until D116 additional beds and shelters are funded and built; waive Council Policy 4.1 and authorize the City Manager to enter into contracts in an amount not to exceed $400,000, as necessary, to continue providing homeless services while increasing resources to address public safety and further maintain neighborhoods, streets and city parks; and increase City Administration Fiscal Year 2018/19 budget by $400,000. Community Preservation and Licensing Manager Sandra Sagert advised that, with this funding, the City would have the ability to increase coordinated and scheduled outreach programs with City Net, Drug Free Anaheim, City staff, and the County of Orange. She further advised that the City would also be able to work with their non-profit partners to identify shelter beds while the emergency shelter was being built and address community concerns by dedicating more resources in City parks to allow families to feel safe while enjoying the parks, including increased presence by Park Rangers, Code Enforcement, and private security. She also advised that this funding would allow the City to continue to utilize the City park camera system and dedicate additional resources to keep parks clean. DISCUSSION: Mayor Pro Tem Moreno stated that what the City did with Operation Home Safe was to address the immediate intervention and that this initiative would address the long-term City Council Minutes of September 25, 2018 Page 13 of 17 goal for the homeless community. He also appreciated that this plan restored the parks and provided a sense of safety for residents. Council Member Faessel asked City Attorney Robert Fabela if this additional funding allowed Anaheim to enforce its camping and storage laws as they currently existed in the parks. Mr. Fabela advised that this supported enforcement. Council Member Faessel asked for a comprehensive report of shelter bed availability in the area, which Ms. Sagert agreed to provide to Council at a later date. Council Member Vanderbilt asked how enforcement would happen with homeless who encamp on sidewalks once beds were available and if they would be forced to move because such beds were available. Ms. Sagert advised that there had to be a complete blockage of a public thoroughfare for enforcement to happen. However, with this additional funding, there would be more of a presence near frequent homeless encampments and staff would be able to offer beds. Mayor Tait thanked Ms. Sagert, City Clerk Linda Andal, the Anaheim Police Department, City Net, and the Homeless Outreach Team for their hard work. He thanked the Salvation Army for building the homeless shelter, as without the beds there would be no ability to enforce the Anti - Camping Ordinance. He also a stated that it was a humane solution and allowed the City to use its public spaces, such as parks, for their original intended uses. MOTION: Mayor Pro Tem Moreno moved to consider the city's supplemental plan to address matters related to homelessness until additional beds and shelters are funded and built; waive Council Policy 4.1 and authorize the City Manager to enter into contracts in an amount not to exceed $400,000, as necessary, to continue providing homeless services while increasing resources to address public safety and further maintain neighborhoods, streets and city parks; and increase City Administration Fiscal Year 2018/19 budget by $400,000., seconded by Council Member Murray. . ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. 17. Receive and file a presentation from the Association of California Cities Orange 0148 County on Assembly Bill No. 448 -Orange County Housing Trust. Mayor Pro Tem Moreno advised that the City submitted a support letter for AB 448 that would create a Joint Powers Authority (JPA) to build a housing trust and he would like an update since the bill passed. He also wanted to hear from Association of California Cities Orange County (ACC -OC) to discuss their operational plans. Dave Kiff, Interim CEO, Association of California Cities Orange County, advised that AB 448 was part of the homelessness solution. He advised that the bill set forward a framework for a JPA to create a housing finance trust that would oversee the funding to build housing and that the funding would come from Proposition 1, which was currently on the November ballot, and included $300 million for housing trusts. He further stated that other funding sources would come from SB2 funds from real estate transactions. Mr. Kiff advised that the bill required governance from elected officials from participating cities and counties. He has been working with Orange County Supervisor Do, City of Mission Viejo Council Member Wendy Bucknum, City Council Minutes of September 25, 2018 Page 14 of 17 City of Huntington Beach Council Member Barbara Delgleize, and City of Orange Council Member Fred Whitaker as the ACC -OC team and scheduling meetings to set staffing and membership. He expected to complete the governance structure by January 1, 2019. DISCUSSION: Council Member Vanderbilt asked if there was any possibility for City staff to be involved to a greater extent. Mr. Kiff clarified that this was simply to set up the governance structure and that there would be opportunity for City staff to be included to provide the technical aspects to make sure the process worked. City Manager Chris Zapata indicated staff would want to be involved and active. Council Member Faessel asked for clarification on what the application process would look like and Mr. Kiff advised that the City needed to be a partner with the applicant and become a co - applicant. This would allow the City to initially approve the application, then it would be reviewed by the Technical Advisory Committee, and then it would go to the governance board for final approval. He advised that a realistic timeframe for the Housing Finance Trust and the projects funded by the trust was on a two (2) to five (5) year timeline. Council Member Murray acknowledged the work and collaboration that was done on this effort and stated that by creating this model, Orange County was capturing private dollars and donations, in addition to city investments, and was following in the footsteps of other communities that have worked with a similar homeless problem. She noted the importance of getting this done quickly to capture the funding and noted, as cities work together on the allocation of permanent supportive housing based on per -capita needs and have entitled projects, the trust will help close the gap and lessen impacts to General Funds. She appreciated the leadership of ACC -OC and acknowledged the efforts of Assembly Members Tom Daly, Sharon Quirk -Silva, and other members of the Anaheim and Orange County delegation. Mayor Pro Tem Moreno thanked Kelsey Brewer and Heather Stratman from the ACC -OC for coming before Council during the consideration of the City's membership with ACC -OC. Mayor Pro Tem Moreno asked to be provided more operational information and how ACC -OC would serve to maximize resources and refrain from political activity. Mr Kiff explained the operational plan was yet to be determined, along with any staffing. Mayor Pro Tem Moreno requested that a conflict of interest policy be developed to ensure transparency to the public, to which Mr. Kiff agreed that conflict of interest was something that needed to be addressed by the governing board and further advised that the governing board was made up of the County and any city member of the JPA. Mr. Kiff further explained the process for the JPA would likely be approximately six months, with the agreement presented to all cities for comment. Mayor Pro Tem Moreno addressed conflicts of interest, transparency, and requested stringent rules regarding the participation of lobbyists. Mayor Tait suggested Forms 700s be required for governing board members. MOTION: Mayor Pro Tem Moreno moved to receive and file a presentation from the Association of California Cities Orange County on Assembly Bill No. 448 -Orange County Housing Trust, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. City Council Minutes of September 25, 2018 Page 15 of 17 M142 19. Receive, file and issue the "Report of the City Council: Extension of Ordinance No. 6445" pursuant to Government Code Section 65858(d), which describes the measures taken to alleviate the conditions which led to the adoption of Ordinance No. 6445 temporarily banning the establishment of needle exchange programs in the City of Anaheim (Public hearing scheduled for October 9, 2018). B105 City Attorney Robert Fabela reported that Council adopted a moratorium on Needle Exchange Programs (NEPs) on August 20, 2018 in order for the City to draft locational and operational regulations for NEPs. He advised that NEPs, even those authorized by the State, were subject to local regulation; however, Anaheim had no regulations concerning NEPs. Mr. Fabela further advised that the Department of Public Health had advised it was implementing NEPs in Anaheim, although that the program was on hold pending litigation. He explained the current moratorium would expire on October 12, 2018, unless extended following a public hearing. He stated that staff recommended that Council file and review the report that reflects that staff was currently evaluating how other jurisdictions were regulating NEPs. He advised that by filing and issuing the report, Council would be able to extend the moratorium for up to 10 -months and 15 -days at the next meeting on October Stn DISCUSSION: Council Member Murray asked for the public hearing to be held at the next Council meeting on October 91n MOTION: Mayor Tait moved to receive, file and issue the "Report of the City Council: Extension of Ordinance No. 6445" pursuant to Government Code Section 65858(d), which describes the measures taken to alleviate the conditions which led to the adoption of Ordinance No. 6445 temporarily banning the establishment of needle exchange programs in the City of Anaheim (Public hearing scheduled for October 9, 2018), seconded by Council Member Murray. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. 20. Consider (re)appointments to the Youth Commission to serve a 10 -month term, ending June 30, 2019 (continued from Council meeting of September 11, 2018, Item No. 18). Youth Commission: At large (re) appointments: (three (3) appointments) Ashley Arroyo (18-21 age bracket) Briana Acosta (22-26 age bracket) Milad Khosaravi (22-26 age bracket) MOTION: Mayor Tait nominated Milad Khosravi for the 22-26 age bracket, Briana Acosta for the 22-26 age bracket, and Ashley Arroyo for the 18-21 year bracket, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, City Council Minutes of September 2S, 2018 Page 16 of 17 Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. Report on Closed Session: City Attorney Robert Fabela reported Council deferred Closed Session Item No. 3. Council Communications/Agenda Requests: Council Member Faessel reported his attendance at the Pathways of Hope shelter expansion and fundraiser events, the Caterina's Club fundraiser, the ribbon cutting for Affordable Appliance, and the Boys and Girls Club Ace of Spades casino night. He announced a Library - Carl's Jr. partnership staring September 26, the Muzeo Bowl on September 27, the first Police Review Board meeting on September 27, and the opening of the Hope Center of the Arts facility on September 29. Council Member Vanderbilt announced the Raymond Basin was added to the city's list of potential recreation sites that may be eligible for funding through Proposition No. 68. Council Member Barnes reported her attendance at the League of California Cities meeting, the ACC -OC Homeless Task Force meeting, the County's quarterly meeting regarding homelessness, a high-speed train exhibit, the 140th anniversary of United Methodist Church, the Sweet Shop event at the Convention Center, and a Districts 1/2 town hall meeting. She announced the WAND tree lighting meeting on October 1 and asked for volunteers and the District 1 Community meeting on October 3 at Brookhurst Community Center. She asked staff to report if the recycling center at Beach and Ball was closed and for a moratorium on future recycling centers. She requested status of clinicians and police officers requested from the County and for a resolution asking the County provide the city with notice prior to using Anaheim motels to shelter homeless. Mayor Pro Tem Moreno thanked Police and Planning staff for attending a District 3 meeting addressing homelessness, group homes, and crime around Anaheim Plaza, Westmont, and the Colony, and requested additional police patrols. He thanked the AMEA for its employee BBQ, and staff and the First Presbyterian Church for organizing and hosting community meetings regarding the proposed veterans container permanent supportive housing project. He asked City Manager Zapata to place the project on hold until all efforts were exhausted to locate feasible, alternate locations. Mayor Pro Tem Moreno thanked Police and Utilities staff for a flashlight walk in the Vine Bush Rose neighborhood and requested an internal memo regarding the shifting of $1 million in a neighborhood improvement fund. He requested information on the number of business licenses applied for annually and requested a report on the status of the Lincoln Avenue Widening project. Council Member Murray restated her request for a SMART City program and reported her participation in an Anaheim Hills Community Council town hall meeting. She announced the upcoming Grandma's House of Hope gala where she would be recognized, and thanked her colleagues for donations. She announced an update from Orange Unified School District on Measure S, the upcoming Halloween Parade and Fall Festival, and the Auto Show. City Council Minutes of September 25, 2018 Page 17 of 17 Mayor Tait reported his attendance at the galas for Caterina's Club, Taller San Jose Hope Builders, and the Boys and Girls Club, along with the Youth Leadership of America annual meeting. He reported he spoke at both the Opioid and Asian American conferences and asked for an agenda item related to crime statistics, particularly regarding gang crime. He thanked staff for the Kindness Way street sign and congratulated Thomas Edison Elementary school and others on their kindness. Adjournment: With no further business before the City Council, and without objection, Mayor Tait adjourned the meeting of September 25, 2018 at 9:31 P.M. Respectful d, T as , MJC City Clerk