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01/10/2017ANAHEIM CITY COUNCIL REGULAR MEETING OF JANUARY 10, 2017 The regular meeting of January 10, 2017 was called to order at 3:34 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on January 6, 2017. PRESENT: Mayor Tait and Council Members: James Vanderbilt, Kris Murray, Denise Barnes, Jose F. Moreno, Lucille Kring, and Stephen Faessel. STAFF PRESENT: City Manager Paul Emery, Acting City Attorney Kristin Pelletier, and City Clerk Linda Andal. ADDITIONSIDELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 3:34 P.M., Mayor Tait recessed to closed session for consideration of the following items: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Abuali v. City of Anaheim, Asplundh Construction Corp, et. al., Orange County Superior Court Case No. 30-2016-00828548-CU-PO-CJC 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Talmadge Price, et al. v. City of Anaheim, et al., Orange County Superior Court, Civil Complex Center Case No. 30-2016-00869305-CU-WM-CXC 3. PUBLIC EMPLOYEE APPOINTMENT (Section 54957(b)(1) of the California Government Code) Position: City Attorney 4. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Jason Motsick Position: City Attorney At 5:22 P.M., the council session was reconvened. INVOCATION: Jimmy Gaston, State College Church of Christ FLAG SALUTE: Council Member Kris Murray PRESENTATIONS: Recognize the Orange Unified School District and the CARE program volunteers for their civic engagement Mayor Tait recognized the Orange Unified School District and CARE program volunteers for their involvement in fulfilling their civic duties to their community. Andrea Yamasaki, Orange Unified School District Trustee, accepted the recognition on behalf of all the volunteers. City Council Minutes of January 10, 2017 Page 2 of 18 ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming January 11, 2017, as Human Trafficking Awareness Day Police Chief Raul Quezada thanked the Council on behalf of the Police Department for their continued support in their efforts to help victims of human trafficking. Sgt. Juan Reveles reported Anaheim created and led the Orange County Human Trafficking Task Force, a multi -agency team whose top priorities were rescuing juveniles and victims of human trafficking and bringing the traffickers to justice; noting in 2016 36 juveniles were rescued. Proclaiming January 18, 2017, as Martin Luther King Jr. Day ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Linda Andal reported Item No. 11 was withdrawn by staff. Prior to opening the floor for public comments, Mayor Tait invited Rob Thompson, Orange County Sanitation District (OCSD) Director of Engineering, to provide a brief overview of the upcoming sewer replacement project in Anaheim. Mr. Thompson explained OCSD was a regional wastewater agency that treated 185 million gallons of sewage water from north central Orange County at its two treatment plants in Fountain Valley and Huntington Beach, turning the sewage into 100 million gallons of purified drinking water, 785 tons of fertilizer, and 11 megawatts of power. He reported Phase A of the current project to upsize the sewer line was nearing completion in Fullerton and would transition into Anaheim at State College Blvd., just south of the 91 Freeway; explaining that by upsizing the sewer more water could be diverted for treatment. As part of the project, he stated OCSD was working with businesses and the community to obtain feedback and minimize disruptions, OCSD would replace City waterlines in the project area, and they welcomed input on design and construction. He concluded by informing Council of a future project in the western part of the city. PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk Linda Andal. Cecil Jordan Corkern read from the Holy Scriptures and commented on the topics of Star Wars and the homeless. Renee asked Council to stop criminalizing, ticketing, and confiscating the property of the homeless. She also voiced her dissatisfaction of the investigation of a schizophrenic homeless man killed by a police officer. R. Joshua Collins read from the Scripture and shared his disappointment at not receiving any follow-up from the Council regarding the homeless, asking for this matter to be placed on the agenda. He further requested Council repeal the ordinance pertaining to anti -camping and anti - storage of property in public places and for park bathrooms to be open 24 hours per day. Mayor Tait announced that Anaheim had worked with the County to open a 200 -room shelter and had successfully housed 700 homeless. He referred members of the public to the Orange County Armory for assistance during impending weather conditions. City Council Minutes of January 10, 2017 Page 3 of 18 Council Member Barnes announced the next meeting of CityNet on January 12, 2016 at 12:00 P.M. at the Central Library and asked for donations to the Anaheim Community Foundation to help the less fortunate. William Fitzgerald, HOME, questioned the presentation of Rob Thompson (OCSD) about the safety of Anaheim's water and requested Council agendize the topic, claiming his public records act request had been ignored. Mark Richard Daniels expressed his concern about the number of homeless people in Anaheim and requested Council write a letter to the federal government, senators, and congress expressing the need to do more for less fortunate citizens. Dani Amusa and Samantha Godondon, Anaheim Union High School District Student Services Foundation, explained the purpose of their Foundation was to provide grants to student -initiated projects that extended classroom learning and helped students use their passion by creating projects that targeted the issues around their communities. She announced the annual AUHSD Servathon on Martin Luther King Jr. Day and invited the Council and staff to join them, announcing volunteers could go to any school between 8:00 A.M and 12:00 P.M to participate. Debra Ashby, South Coast Air Quality Management District, introduced herself as part of the Legislative and Public Affairs Division and submitted a newsletter and her business card. Don Bigelow requested repealing the anti -camping ordinance, explaining a need for interim solutions before the opening of the shelter. Lou Noble read from Scripture and requested safe zones for the homeless, citing examples of safe zones from Seattle, Ontario, and Hawaii. Edward Rosenthal explained a problem his friend, Maria Lopez, was experiencing with meter reading and her landlord. He expressed his support for safe zones for the homeless. Mayor Tait referred Mr. Rosenthal to Public Utilities General Manager Dukku Lee. Matthew Mariscal, Fullerton College student, expressed the need to show compassion to the homeless and asked for the anti -camping ordinance to be repealed, for restrooms to be left open at nights, and to have safe zones for the homeless. Laura Robbins asked Council to treat homelessness as an emergency, eliminate the anti - camping ordinance, leave park restrooms open at night with park rangers to monitor them, and provide temporary safe zones until permanent housing situations were found. Jeanine Robbins asked Council to pull Item No. 21 regarding Short Term Rentals (STRs) for and requested homelessness be treated as an emergency by repealing the ordinance regarding confiscating property, having park restrooms left open overnight or providing porta-potties and portable showers, and for safe zones to be spread throughout the City. Mike Robbins asked for the anti -camping ordinance be agendized, suggested the Karcher property for a safe zone, and expressed his belief that the proposed 200 -bed facility would not meet the requirement of the large number of homeless. Larry Larson acknowledged the efforts of Mr. Thompson and OCSD and refuted comments made by Mr. Fitzgerald regarding the quality of Anaheim's water. City Council Minutes of January 10, 2017 Page 4 of 18 Linda Lehnkering, Anaheim Poverty Taskforce, recommended a housing -first approach to end homelessness and requested Council repeal the anti -camping, anti -storage ordinance, open park restrooms at night, contract with mobile shower companies, and create interim safe zones for people to camp or to park their RVs in each district. Scott Well, Chance Theater, congratulated the newly elected Council Members and thanked all for their support of the Chance Theater. He announced the Theater's 20th anniversary and highlighted recent achievements. Luis Zuniga, resident, requested Council repeal the camping ordinance, leave restrooms open at night and asked Council Member Kring to advocate for a $20/hour minimum wage increase. Bob Donelson expressed his dissatisfaction with the enforcement of STRs, citing more rigid enforcement of the homeless ordinance. He provided statistics of homeless people in Orange County and stated there were not enough shelters or affordable housing to assist, further requesting the homeless ordinance be repealed and agreeing with an increase to the minimum wage. Duane Roberts, resident, cited a lack of affordable housing and economic crises as the primary factors leading to an increase in homelessness and requested specific policies be enacted at the local, state, and national levels to raise wages, create stable affordable housing, and provide more shelters and open safe zones. David Zenger agreed with the suggestion to open the Karcher site for the homeless and expressed concern with Resolution No. 88-124, which authorized the Public Works Director to sign up to $10,000 or 10% of the total contract amount in change orders without any authorization from either the City Manager or the Council, and asked Council to agendize and modify the resolution. Dr. Cynthia Smith, Creative Identity, requested status of finding relocation options for their facility, stating they continued to search for other options and thanked Council and staff for their assistance and ideas. In response to Mayor Tait, Dr. Smith noted they needed 3,000-4,000 square feet of classroom, community, and office space to continue their work with developmentally challenged children and adults through arts, music, and vocational skills. John Machiaverna, Boys and Girls Club, shared the Club's actions to assist homeless children and their families through daily food distribution and referrals to greater assistance and recognized the Anabella Hotel for raising over $4,000 in December for the Boys and Girls Club. Victoria Vidrio-Bakstrin resident, expressed her sadness observing poverty and suggested feeding the needy with leftovers from schools, further asking Council to help the less fortunate instead of big corporations. Arturo Ferreras asked Council for feedback on the recommendations provided to Council last year to help end homelessness in Orange County, suggested more could be accomplished by working with other cities, the County, and the State. Angel VanStark, District 1, quoted the late John F. Kennedy and asked Council to address homeless families, veterans, and LGBT homeless, requesting an emergency meeting to repeal the homeless ordinance. He also asked for bathrooms to be left open 24 hours, questioned funding priorities, and recommended the "housing -first" program. City Council Minutes of January 10, 2017 Page 5 of 18 Vern Nelson, District 5, requested a special meeting to rescind the camping ordinance, to open park restrooms 24 hours per day, and to open safe zones for the homeless. He recommended the Karcher property in District 3, a Ball Road location in District 5 and asked Council to identify sites for safe zones in the other four districts. He recommended David Zenger to serve on the Orange County Water District board and recognized Council Member Faessel's service on the MWD Board. Bryan Kaye congratulated the new Council Members and requested their assistance with his complaints about certain police officers. Martin Lopez, UNITE HERE Local 11, congratulated the newly elected Council members, asked for Item No. 21 to be pulled for further discussion, urged actions to help the homeless including safe zones, sowers, and bathrooms, and offered his support to the opposition to a street car system in Anaheim. Ada Briceho, UNITE HERE Local 11, concurred with comments made by Mr. Lopez and Mr. Roberts, requested livable wages and affordable housing as solutions to poverty and homelessness, and said they would continue to work on current issues such as STRs, safe zones for the homeless, safe zones for the homeless, repeal of the camping ordinance, and park restrooms and mobile showers. "Time to Stand" voiced his dissatisfaction with Anaheim police officers and commended Lou Noble on his work for the homeless. "The Cameraman" wished Council a Happy New Year and discussed enforcement of Ordinance No. 6281, citing failed investigations at various locations, the existence of 21 dispensaries operating in Anaheim, and requested Council either legalize marijuana or enforce the law. Jeff LeTourneau spoke against former actions of the Council regarding the Mayor's agendizing power and staffing, refuted previous comments about marijuana, and condemned the use of excessive force against the homeless by police officers. He requested Council establish a model program to assist the LGBT youth segment of the homeless population. Myrvette Judeh expressed concern about the growing homeless population and asked Council to repeal the ordinance, leave the bathrooms open at night, and requested all people show compassion. She further requested Item No. 21 be pulled for greater discussion and that all STRs be phased out. Rekan Judeh, 10 year old, asked Council to show compassion to the homeless, especially the children who do not understand why they were in that situation. Judi Gollette reported Creative Identity had been in Anaheim for 20 years and only had five days to find a new location due to a steep rent increase at their current facility. She requested the City repair Spencer House at Maxwell Park for use by Creative Identity. Donna Acevedo -Nelson shared her belief that the homeless situation had worsened since implementation of the ordinance, requested bathrooms be open at night, a safe zone be implemented on the Karcher property, and asked for a special meeting to resolve the issues. Victoria Michaels read an article by George Bernard Shaw, commented that the homeless issue was not just the responsibility or fault of the government but was for everyone to address, and requested Council implement some of the suggestions offered by the members of the public by working with CityNet. City Council Minutes of January 10, 2017 Page 6 of 18 Cynthia Ward wished the Council a Happy New Year, shared her belief that Item Nos. 11 and 24 were interconnected as both pertained to transferring obligations of developers to the taxpayers of Anaheim and Orange County, thanked Council Member Barnes for bringing the street car issue back, and questioned the use of transportation funding, project management, and ridership statistics. Gretchen Shoemaker asked Council to direct the police to not confiscate the belongings of the homeless, establish an area to camp, and address the entire situation quickly. Vanessa believed certain laws regarding the homeless were unconstitutional and costs to arrest and jail the homeless were higher than alternative options. She also shared her personal experience with STRs and their impact on individuals. COUNCIL COMMUNICATIONS: Council Member Kring responded to comments regarding the homeless and highlighted an article in the OC Register relating to the federal government providing assistance to homeless veterans and encouraging local governments to reduce costs to developers to provide greater affordable housing. She also shared a story about the assistance a homeless family received from a local hospital, the Anaheim Police Department Homeless Task Force, and CityNet. Council Member Moreno responded to comments regarding homelessness and requested the City Manager return with an item to discuss and allow for council action relating to assessment of the camping ordinance, including an ordinance to repeal, demographics of the homeless population, how the homeless pay for the tickets received and the consequence of non-payment, and the cost of enforcement. CITY MANAGER'S UPDATE: At the request of the City Manager, Dukku Lee, General Manager Public Utilities, responded to the misstatements about Anaheim's water in relation to an incident that occurred at a dental facility. Mr. Lee explained the County was the lead agency on this issue. He explained that the City provides quality drinking water which is tested all the way up to a meter at the point of connection, beyond which additional filtration or other activities were at the discretion of the facility. Additional testing on the public side of the meter has found no issues and the City was cooperating with various legal aspects of this situation. CONSENT CALENDAR: At 8:11 P.M., the consent calendar was considered with Council Member Moreno pulling Item Nos. 12 and 15 for further discussion, Mayor Tait pulling Item No. 21, and Council Member Kring pulling Item No. 22. Council Member Kring then 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 Faessel. Roll Call Vote: Ayes — 7: (Mayor Tait and Council Members: Kring, Murray, Vanderbilt, Barnes, Moreno, and Faessel). Noes — 0. Motion Carried. CONSENT CALENDAR: 1. Receive and file minutes of the Library Board meeting of November 14, 2016 and Public B105 Utilities Board meeting of November 16, 2016. City Council Minutes of January 10, 2017 Page 7 of 18 D180 2. Accept the bid of A.Y. Nursery, Inc., in the amount of $109,065 plus applicable tax, to purchase trees for the City's TreePower Program for a one year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance Bid #8791. D180 3. Accept the low bid from SIGMAnet, Inc., in the amount of $111,500 plus applicable tax, for EMC storage area network equipment and installation for the Police Department and authorize the Purchasing Agent to execute the purchase order, in accordance with Bid #8845. 4. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing D180 Agent to issue a master agreement to Dooley Enterprises, Inc., in an amount not to exceed $304,000 including tax, for Winchester brand ammunition for a one year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options. 5. Authorize the Director of Public Works to accept and manage an approved Highway D175 Safety Improvement Program grant, in the amount of $208,250 with a local match of $36,750, for the Katella Avenue and Douglass Road intersection signal improvements project, and increase the Public Works' fiscal year 2016/17 revenue and expenditure budget in restricted transportation funds by $208,250. 6. Award the contract to the lowest responsible bidder, CEM Construction Corporation, in the AGR- amount of $430,840.93, for the Brookhurst Community Center Upgrades Project, 10439 determine the project is exempt from the California Environmental Quality Act pursuant to the Section 15301 of Title 14 of the California Code of Regulations and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. AGR- 7. Approve the Agreement for Acquisition of Real Property with Thomas Wade Solomon and 10440 Amy Solomon, in the acquisition payment amount of $1,000, for partial acquisition of real property located at 1000 East South Street for a permanent street and utility easement and temporary construction easement for the South Street Sidewalk Gap Closure Improvement Project (R/W ACQ 2016-00741). 8. Approve the Agreement for Acquisition of Real Property with In Huh, in the acquisition AGR- payment amount of $15,200, for partial acquisition of real property located at 1028 East 10441 South Street for a permanent street and utility easement and temporary construction easement for the South Street Sidewalk Gap Closure Improvement Project (R/W ACQ 2016-00742). 9. Approve the Agreement for Acquisition of Real Property with Fedencio Felix and Rosa AGR- Felix, in the acquisition payment amount of $21,000, for partial acquisition of real property 10442 located at 803 South East Street for a permanent street and utility easement and temporary construction easement for the Safe Route to Schools Sidewalk Gap Closure Project along the south side of South Street from 525 feet west of East Street to East Street (RNV ACQ 2016-00743). City Council Minutes of January 10, 2017 Page 8 of 18 AGR- 10. Approve an agreement with Liberty Mutual Insurance Company, corporate surety for C.C. 7562.1 Myers, Inc., to assume obligations for the close-out of the contract for construction of Katella Avenue Improvements at Interstate 5 Project from C.C. Myers Incorporated and authorize the Director of Public Works to execute all related documents. 11. Approve a Sub -recipient Agreement with the Anaheim Transportation Network, in the amount of $1,290,000, to provide bus shuttle service between the Anaheim Regional Transportation Intermodal Center and CtrCity Anaheim for a seven year period to implement the Orange County Transportation Authority Measure M2 Project V (Community -Based Transit/Circulators) program. Item No. 11 was withdrawn by staff. No further action was taken by the Council. 13. Determine that the First Amendment (Amendment) to the MWD (Metropolitan Water AGR- District of Southern California) Hydroelectric Project Power Sales Agreement (Agreement) 5189.1 with the Southern California Public Power Authority is categorically exempt from the California Environmental Quality Act pursuant to Sections 15061(b)(3) and 15301(b) of the Title 14 of the California Code of Regulations; approve the Amendment which is estimated to reduce the cost of renewable energy by approximately $700,000 per year; and authorize and direct the Public Utilities General Manager, or designee, to execute the Amendment, and any other related agreements or documents, and to take the necessary actions to implement and administer the Agreement as amended. 14. RESOLUTION NO. 2017-001 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 12051, 12052, 12053, 12054, 12055, and 12056) (South Street Sidewalk Gap Closure Improvement Project). Pilo 16. RESOLUTION NO. 2017-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a public utility easement pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (ABA2016-00348) (5717-5725 East Santa Ana Canyon Road). R100 17. RESOLUTION NO. 2017-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit a grant application on behalf of the Joint Powers Authority for the North Net Training Center to the Office of Domestic Preparedness of the Department of Homeland Security for the Fiscal Year 2016/2017 Assistance to Firefighters Grant Program and if awarded, authorizing the acceptance of such grant on behalf of the Joint Powers Authority and amending the budget for Fiscal Year 2016/2017 accordingly ($827,273 in grant funds with a 10% local match of $82,727). 18. RESOLUTION NO. 2017-005 A RESOLUTION OF THE CITY COUNCIL OF THE D154.5 CITY OF ANAHEIM approving a Letter of Understanding between the International Brotherhood of Electrical Workers, Local 47 and the City of Anaheim (establishing an alternate work schedule for employees classified as Water System Operators). City Council Minutes of January 10, 2017 Page 9 of 18 D154.3 19. RESOLUTION NO. 2017-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Police Association and the City of Anaheim (establishing an alternate work schedule for employees classified as Helicopter Pilots, for a one year pilot program). R100 20. RESOLUTION NO. 2017-007 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 Grant: Water and Energy Efficiency Grant for FY 2017 for the La Palma and Richfield Storm Water Sustainability Improvement Project and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly ($1,000,000 in grant funds with local or state matching funds of $1,000,000). RESOLUTION NO. 2017-008 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 Grant: Water and Energy Efficiency Grant for FY 2017 for the Modjeska Park Underground Storm Water Detention and Infiltration Project and if awarded, authorizing the acceptance of such a grant on behalf of the City and amending the budget accordingly ($1,000,000 in grant funds with local or state matching funds of $1,000,000). D114 23. Approve revised minutes of the City Council meeting of September 13, 2016 and minutes of the Council meeting of September 27, 2016. END OF CONSENT CALENDAR 8:45 P.M. AGR- 12. Approve the First Amendment to Agreement with Dougherty and Dougherty Architects, 7731.1.1 LLP, in an additional amount of $77,500 for a total contract amount of $1,073,716, for design services for the Ponderosa Park and Family Resource Center project located at 2100 South Haster Street and authorize the Community Services Director to increase the contract amount by up to 10%, if such increase is necessary. Community Services Director Brent Dennis presented a report on the Ponderosa Park and Family Resource Center, informing Council the requested action was an amendment to the contract with Dougherty and Dougherty Architect to increase the contract amount by $77,500 to meet specific requests made by the community for additional improvement to the facility and the park amenities around it, which were: skate park, shade structures, drinking fountain, bicycle racks, new water bottle filler, and enhancing or renovating some of the highly -used athletic field adjacent to the facility. Mr. Dennis continued an unforeseen condition had arisen with underground utilities along the street frontage and to make the proper connections required additional engineering and design services and also advised security cameras would be installed as part of the project. DISCUSSION: Council Member Moreno referred to a public comment regarding staff's authority to approve change orders, with City Manager Paul Emery explaining that the resolution was established at 10% as an industry norm and asked Council for time to present a report of past and current capital projects and how such authority for 10% change orders had been historically utilized. Council Member Moreno expressed his concerns when such decisions were made by an individual for large dollar amounts. City Council Minutes of January 10, 2017 Page 10 of 18 Mayor Pro Tem Vanderbilt sought clarification on the 10% industry standard, with Mr. Dennis confirming the original contract included a 10% contingency and the proposed amendment was for an additional 10% to the base project budget. Public Utilities General Manager Dukku Lee, in response to questions from Mayor Pro Tem Vanderbilt regarding underground utilities, confirmed that the larger Orangewood Underground project was still in the design phase with a construction proposal being prepared for Council consideration. At Ponderosa Park, he explained the project included on-site undergrounding and/or tie-ins or connections as opposed to the main electric line. Mr. Lee further explained the overall undergrounding process of including third parties and telecommunications companies through proper noticing and confirmed that undergrounding would be beneficial for this project and provide efficiencies going forward. MOTION: Council Member Kring moved to approve Item No. 12, seconded by Council Member Moreno. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried. Pilo 15. RESOLUTION NO. 2017-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA 2016-00342) (portion of Alro Way adjacent to 200 and 205 West Alro Way, and a portion of "Old" Manchester Way adjacent to 200 West Alro Way; Public hearing scheduled for February 7, 2017). Rudy Emami, Public Works Director, explained that a property owner could request the City to abandon an easement or portion thereof, upon which a public hearing was set where it would be determined that the portion of the street/easement no longer served any purpose for the city from a traffic or pedestrian point of view, a just compensation for that property would be recommended through evaluation, and the petitioner would then compensate the city. He further clarified that the City would potentially abandon the right to operate the property as a street but would continue to reserve any easement for utilities in that street, unless said utilities were removed. DISCUSSION: In response to Council Member Moreno, Mr. Emami explained the City would evaluate the property and provide the evaluation to the property owner who could then make a counter offer or submit their own offer for negotiation, followed by a public hearing for Council to determine whether the abandonment should proceed. MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2017-002 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA 2016-00342) (portion of Alro Way adjacent to 200 and 205 West Alro Way, and a portion of "Old" Manchester Way adjacent to 200 West Alro Way; Public hearing scheduled for February 7, 2017), seconded by Council Member Kring. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried. M142 21. ORDINANCE NO. 6393 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Sections 4.05.100, 4.05.110, 4.05.140 and 4.05.180 of Chapter 4.05 (Short -Term Rentals) of Title 4 (Business Regulation) of the Anaheim Municipal Code relating to short-term rentals, and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project, as defined in Section 15378 of the CEQA Guidelines (Introduced at City Council Minutes of January 10, 2017 Page 11 of 18 Council meeting of December 20, 2016, Item No. 39). David Belmer, Planning and Building Director, reported this was the second reading of the ordinance pertaining to Short -Term Rentals (STR) that were previously adopted in July 2016, referred to generally as the "Regulate and Ban Ordinance," which bans any further STRs in the City and sets forth new enforcement protocols for those that currently exist. The "Amortization Ordinance," he explained, phases out over an 18 -month schedule of all existing STRs subject to the provision for a hardship extension application by all current permit holders. Mr. Belmer explained that the ordinance, as originally introduced, had three components: 1) hosting platform provisions, 2) Code Enforcement immediate access to investigate violations, and 3) implementation provision related to the filing of the hardship extension applications, continuing that Council direction at that time was to remove the provisions pertaining to the hosting platforms which has been completed by staff. Mr. Belmer addressed public concerns regarding the remaining two components of the ordinance, believing they did not affect the quality of life provisions of the original ordinances in any significant way. DISCUSSION: In response to Mayor Pro Tem Vanderbilt, Acting City Attorney Kristin Pelletier explained the removal of the immediate access provision was based on judicial recommendation during litigation. She further responded to Council Member Moreno that research had begun on different potential language regarding hosting platforms, with any discussion of that to come at a future meeting, upon request. MOTION: Mayor Tait moved to adopt ORDINANCE NO. 6393 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Sections 4.05.100, 4.05.110, 4.05.140 and 4.05.180 of Chapter 4.05 (Short -Term Rentals) of Title 4 (Business Regulation) of the Anaheim Municipal Code relating to short-term rentals, and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project, as defined in Section 15378 of the CEQA Guidelines Item No. 21, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried. Ordinance No. 6393 adopted. M142 22. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Section 14.32.162 to Chapter 14.32 of Title 14 of the Anaheim Municipal Code relating to parking on designated city streets (establish no parking zones between the hours of 7:00 p.m. to 7:00 a.m. on designated streets). DISCUSSION: Council Member Kring advised she had pulled the item at the request of the Public Works Director as there was a workshop regarding permit parking scheduled for January 24, 2017 to review and discuss various available options. MOTION: Council Member Kring moved to postpone Item No. 22 indefinitely, seconded by Mayor Tait. Roll Call Vote: AYES — 7: (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried. City Council Minutes of January 10, 2017 Page 12 of 18 D175 24. RESOLUTION NO. 2017-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM expressing opposition to a street car system in Anaheim. City Manager Paul Emery explained this item was brought forward at the request of Council Member Barnes for discussion with respect to street cars, efforts by the Orange County Transportation Authority (OCTA), and consideration of the proposed resolution. Public Works Director Rudy Emami provided background that the City and OCTA had worked collaboratively over the past decade on the proposed Anaheim Rapid Connection Project (ARC) which was intended to provide residents, employees, and visitors a transit connection between the Platinum Triangle and the Anaheim Resort with the intent to provide employment and activity centers a means to alleviate traffic congestion along the respective roadway corridors. Mr. Emami reported on September 27, 2016, the City Council approved and authorized an amendment to the Cooperative Agreement with the OCTA, which required staff to conclude all planning efforts for the ARC project and submit all work completed to OCTA, affirm OCTA as the lead agency for potential future phases of the ARC project, and direct OCTA staff to evaluate a transit connection between the Anaheim Resort and the Platinum Triangle. On December 13, 2016 Council Member Barnes requested discussion about discontinuing all work on the ARC project and on December 20, 2016, Council directed staff to prepare a resolution expressing Council's opposition to a street car system in Anaheim. Mr. Emami explained the proposed resolution stated that the City Council opposed the ARC project as being a nonviable transit solution in the City of Anaheim and opposed any street car plans along Harbor Boulevard, but supported OCTA's study of other transit modes to recommend the best options to alleviate traffic congestion and improve mobility for transit dependent riders in Anaheim and Orange County. The resolution further encouraged OCTA to plan and develop a flexible transit solution that increased the frequency of bus routes and provided a solution for lower fares to encourage ridership. DISCUSSION: Council Member Barnes expressed her position that a street car was a bad idea due to high costs, particularly considering the number of riders, and the traffic congestion that would occur through construction and implementation, along with concerns regarding safety hazards. She continued that a train was not a safe mode of transportation in the Resort and believed an efficient and cost-effective manner of getting residents and visitors to their destinations could be achieved by increasing the frequency of bus services during rush hours. She expressed her support for the resolution and hope that OCTA would divert funds to improving bus services along Harbor Blvd. and Beach Blvd. at reduced fares. Council Member Faessel offered his support for the resolution due to low ridership and the unclear cost and impact data regarding Katella Avenue. He expressed a need to determine an efficient, comprehensive method to move visitors around that Resort District and requested additional information about survey work on Harbor Blvd. Mr. Emami explained that Anaheim has 40% of all the boardings on Harbor Blvd. and that OCTA was reviewing a master plan level to find improvement options such as rapid buses on dedicated lanes through intersections, limited stops, and quicker movement throughout the corridor. He added OCTA was in the process of reaching out to stakeholders and the public to get feedback, were in the early planning process, and had not yet begun the environmental portion, with final recommendations slated for July for Council's review. Mr. Emami further described a "heat map" created by OCTA showing high -ridership transit corridors of which both Harbor Blvd. and Beach Blvd. were included and stated staff would encourage OCTA to look closely at Beach Boulevard as part of their next round of master planning and study. City Council Minutes of January 10, 2017 Page 13 of 18 In response to Mayor Pro Tem Vanderbilt, Mr. Emami explained the potential street car between ARTIC and the Resort had started as part of the Go Local OCTA program with funds allocated to each city with a Metrolink station to study their own preferred alternatives at a city level rather than regionally. He added, this led to further funding to study the selected alternatives and potential availability of federal New Starts funding. Mr. Emami further explained that all research conducted by the city had been turned over to OCTA for their use and confirmed that certain federal resources had only been available for light rail and would not have been allocated to the city if it had initially recommended a bus route project. Mayor Tait disagreed, stating federal funding could go to any transit system including rubber tire alternatives. Mayor Tait continued that as the city had initially requested a street car, Measure M and State funding would have paid initial costs and then federal funding would be sought, believing that federal money would be available for other systems but may require a new application to obtain funding for a different system from a different program. He thanked Council Member Barnes for bringing this item forward, offering his support for the resolution. MOTION: Council Member Barnes moved to approve RESOLUTION NO. 2017-009 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM expressing opposition to a street car system in Anaheim, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 6 (Mayor Tait and Council Members Vanderbilt, Barnes, Moreno, Kring, and Faessel). NOES — 1: Council Member Murray). Motion carried. B105 25. Review the list of regional agency appointments and appoint or reappoint representatives to serve on the following regional agencies (continued from Council meeting of December 20, 2016, Item No. 49). Fire Training Joint Powers Authority: (RE)APPOINTMENT: Council Member Moreno (currently held by Council Member Lucille Kring) Mayor Tait nominated Council Member Moreno. Approved Vote: 7-0. ALTERNATE: Mayor Pro Tem Vanderbilt (currently held by Mayor Pro Tem James Vanderbilt) Mayor Tait nominated Mayor Pro Tem Vanderbilt for reappointment. Approved Vote: 7-0. Four Corners Transportation Coalition: APPOINTMENT: Council Member Murray (3 year term, ending December 31, 2018) (vacant, held by Jordan Brandman) Council Member Murray expressed her interest, seconded by Council Member Kring. Approved Vote 7-0. City Council Minutes of January 10, 2017 Page 14 of 18 Orange County -City Hazardous (HAZMAT) Emergency Response Authority: (RE)APPOINTMENT: Council Member Barnes (currently held by Council Member Lucille Kring) Council Member Barnes expressed her interest, seconded by Council Member Kring. Approved Vote: 7-0. Metropolitan Water District (MWD): (RE)APPOINTMENT: Council Member Faessel (currently held by Council Member Stephen Faessel) Mayor Tait nominated Council Member Faessel for reappointment. Approved Vote: 7-0. Orange County Sanitation District (OCSD): (RE)APPOINTMENT: Council Member Barnes (currently held by Council Member Lucille Kring) Council Member Murray nominated Council Member Kring for reappointment, seconded by Council Member Kring. Roll Call Vote: AYES — 3 (Council Members Murray, Kring, and Faessel); NOES — 3 (Mayor Tait and Council Members Barnes and Moreno); ABSTAIN — 1 (Mayor Pro Tem Vanderbilt). Nomination failed. Council Member Barnes expressed her interest in appointment, seconded by Mayor Tait. Roll Call Vote: AYES — 4 (Mayor Tait and Council Members Vanderbilt, Barnes, and Moreno); NOES — 1 (Council Member Murray); ABSTAIN — 2 (Council Members Kring and Faessel). Council Member Barnes appointed. ALTERNATE: Council Member Kring (currently held by Mayor Pro Tem James Vanderbilt) Council Member Moreno nominated Council Member Kring. Approved Vote 7-0. Orange County Water District, District 9: (RE)APPOINTMENT: Mayor Pro Tem Vanderbilt (4 year term, ending December 4, 2020) (currently held by Jordan Brandman) Mayor Tait nominated Mayor Pro Tem Vanderbilt. Roll Call Vote: AYES — 4 (Mayor Tait and Council Members Vanderbilt, Barnes, and Moreno; NOES — 0; ABSTAIN — 3 (Council Members Murray, Kring, and Faessel). Mayor Pro Tem Vanderbilt appointed. Council Member Faessel nominated Jordan Brandman for reappointment, seconded by Council Member Kring. Roll Call Vote: AYES — 3 (Council Members Murray, Kring, and Faessel); NOES — 2 (Council Members Barnes and Moreno); ABSTAIN — 2 (Mayor Tait and Mayor Pro Tem Vanderbilt). Nomination failed. City Council Minutes of January 10, 2017 Page 15 of 18 Santa Ana River Flood Protection Agency (SARFPA): APPOINTMENT: Council Member Moreno (vacant, held by Jordan Brandman) Mayor Tait nominated Council Member Moreno. Approved Vote: 7-0. ALTERNATE: Rudy Emami (currently held by Rudy Emami, staff) Mayor Tait nominated to re -appoint Rudy Emami. Approved Vote: 7-0. Southern California Association of Governments (and OCCOG): (RE)APPOINTMENT: Council Member Murray (2 year term, ending May 2019) (currently held by Council Member Kris Murray). ALTERNATE: Council Member Kring (2 year term, ending May 2019) (vacant, held by Jordan Brandman) Mayor Tait nominated to re -appoint Council Member Murray and Council Member Kring to serve as the alternate. Approved Vote: 7-0. Transportation Corridor Agency, Foothill Eastern Area (TCA): (RE)APPOINTMENT: Council Member Moreno (currently held by Council Member Lucille Kring) Mayor Tait nominated Council Member Moreno. Roll Call Vote: AYES — 4 (Mayor Tait and Council Members Vanderbilt, Barnes, and Moreno); NOES — 0; ABSTAIN — 3 (Council Members Murray, Kring, and Faessel). Council Member Moreno appointed. Council Member Faessel nominated to re -appoint Council Member Kring. Roll Call Vote: AYES — 3 (Council Members Murray, Kring, and Faessel); NOES — 1 (Council Member Barnes); ABSTAIN — 3 (Mayor Tait and Council Members Vanderbilt and Moreno). Nomination failed. ALTERNATE: Council Member Krinq (currently held by Mayor Pro Tem James Vanderbilt) Council Member Moreno nominated Council Member Kring. Approved Vote 7-0. D154 26. Approve the appointment of Dennis Leonard, Part -Time Self Contained Breathing Apparatus Maintenance & Repair Specialist, as a retired annuitant prior to the 180 -day waiting period to fill a critically needed position in the Anaheim Fire & Rescue Department. Fire Chief Randy Bruegman reported this item sought approval to re -hire Dennis Leonard, Part - Time Self Contained Breathing Apparatus (SCBA) Maintenance & Repair Specialist, prior to the 180 -day waiting period to fill a critically needed position in the Anaheim Fire & Rescue Department. He provided Mr. Leonard's work history and qualifications as a certified SCBA technician, explaining the SCBA Mask was a breathing apparatus that firefighters wear to enter smoke-filled atmospheres. He reported that while Mr. Leonard had retired from the City he had City Council Minutes of January 10, 2017 Page 16 of 18 not retired from PERS which automatically triggered the 180 -day waiting period for re -hiring purposes as a part-time 960 status annuitant, and provided budgetary data that re -hiring Mr. Leonard at $24 per hour would be more cost effective than hiring a new employee at $80,000 to $90,000 annually or an outside vendor with a cost of $60,000 to $65,000 annually. DISCUSSION: Council Member Faessel acknowledged Mr. Leonard's skill set and noted the potentially long process for recruiting a new employee, with Chief Bruegman further reporting the Department was recently awarded a federal grant of $1,046,250 to replace 134 SCBA units and must be deployed by July 1, 2017 to replace expiring equipment to maintain NFPA safety standards and to satisfy time requirements for the grant. In response to Mayor Pro Tem Vanderbilt, Chief Bruegman confirmed Mr. Leonard had been briefed and was agreeable with this course of action. Council Member Moreno expressed his support given the current need but asked staff to pursue a more sustainable long-term solution. MOTION: Council Member Faessel moved to approve Item No. 26, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried. AGR- 27. RESOLUTION NO. 2017-010 A RESOLUTION OF THE CITY COUNCIL 10445 OF THE CITY OF ANAHEIM approving the Equipment Lease Purchase Agreement with De Lage Landen Public Finance LLC and Escrow Agreement with De Lage Landen Public Finance LLC to procure from Pricon, Inc., replacement equipment for City's network core; and authorizing the Finance Director to execute the agreements and any related documents and take such actions as necessary to implement and administer the agreements. Accept the proposal of Pricon Inc., in the amount of $753,655 plus applicable tax, for the purchase of equipment and all necessary components for the Citywide network core replacement and authorize the Purchasing Agent to execute the purchase order, in accordance with RFP #8793; approve and authorize the Finance Director and City Clerk, to execute and attest the Equipment Lease Purchase Agreement with De Lage Landen with annual payments of $251,218.34 for three years so long as such Agreement is in substantial conformance with the approved agreement and updated summary of terms and conditions, as determined by the City Attorney's Office; authorize the Finance Director to take such actions as are necessary, advisable, or required to implement and administer the Agreement; and authorize de minimis changes that do not substantially change the terms and conditions of the agreements, as determined by the City Attorney's Office. Jean Ibalio, Deputy Finance Director, reported this item sought authorization to significantly upgrade the City's network to support data and telecommunications systems with the network core facilitating data transfer, data storage, and providing the ability to maintain the numerous computer applications and programs vital to providing world-class service to residents and visitors. She provided that the current system needed to be refreshed based on modern design to provide faster network speeds, enhance security, and support the anticipated growth in network dependencies with the introduction of newer technologies such as smart devices, digital audio/video, and increased mobility of City resources with current equipment having been declared end -of -life by its manufacturer, beyond its serviceable lifespan, or out of capacity to support further expansion of the City's network infrastructure. She further explained Pricon had been selected through the completion of the RFP process as the preferred vendor to provide City Council Minutes of January 10, 2017 Page 17 of 18 equipment for the network upgrade at a cost of $753,655 and rather than pay for the purchase in one lump sum, staff was requesting approval of a lease purchase agreement through which the City could spread the payments out over a three year period at a 0% interest rate with an option of a $1 buy-out. The lease purchase option has been provided by SISCO, the equipment manufacturer, and represented an opportunity for the city to acquire the equipment while still maintaining the flexibility and purchasing power to address additional technology needs over the next three years while incurring no additional cost. DISCUSSION: Mayor Pro Tem Vanderbilt questioned if a major infrastructure purchase had been brought forward within the last six months, with Ms. Ibalio responding that the Accela project to replace the Tidemark permitting system was independent of this item as the current request pertained to the backbone of the city's system network. MOTION: Council Member Faessel moved to approve RESOLUTION NO. 2017-010 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Equipment Lease Purchase Agreement with De Lage Landen Public Finance LLC and Escrow Agreement with De Lage Landen Public Finance LLC to procure from Pricon, Inc., replacement equipment for City's network core; and authorizing the Finance Director to execute the agreements and any related documents and take such actions as necessary to implement and administer the agreements, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 7 (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel); NOES — 0. Motion carried. REPORT ON CLOSED SESSION: Kristen Pelletier, Acting City Attorney, reported City Council authorized the City Attorney to file cross-complaints against Little Arabia LLC and Fusion Looks LLC and their principals as applicable or necessary (Closed Session Item No. 1). COUNCIL COMMUNICATIONS: Council Member Murray thanked her colleagues for supporting the recognitions of the Orange Unified School District and the CARE program volunteers. She wished everyone a Happy New Year and requested the following agenda items: 1) Council Policy for equal agenda setting abilities for each member of council and 2) a staff report for the January 24 meeting outlining the stated goals and objectives of the task force, the process of selecting members, identification of the multi -sector stakeholders, proposed dates and locations of meetings, and a commitment to notice, video tape and post all information pertaining to the task force to ensure full transparency She further requested a commitment to outreach and encouraged all residents to participate. Council Member Kring wished everyone a Happy New Year. Council Member Moreno requested the following agenda items: 1) an action item assessing the camping ordinance addressing the following: assessment of the ordinance, homeless demographics, how the homeless pay for tickets received and if not paid, the consequences, the cost of enforcement; measures that have been taken to support the homeless population, review of safe zones, and the pros and cons of keeping the bathrooms open, 2) review of Resolution No 88-124, and 3) an update on the enforcement of the short-term rental ordinance. Council Member Barnes requested an update on parks in District 1 and status of the Beach Blvd Specific Plan be provided to Council on an upcoming council agenda. Mayor Pro Tem Vanderbilt spoke of his meetings with Congressman Correa, Senator Newman, Assembly Members Quirk -Silva and Daly and shared their interest in collaborating and providing City Council Minutes of January 10, 2017 Page 18 of 18 assistance to the City. He requested the following agenda items: 1) proclamation recognizing North Orange County Community College District Board retirees Leonard Lahtinen and Antonio Onterveros, 2) update on the Angel negotiations, and 3) the conversion of the four Neighborhood Council Districts to six. Council Member Faessel requested staff evaluate needed park land related to the land development east of the Community Center and spoke of the parking survey. He shared about his attendance at the Anna Drive Christmas Posadas and the River Church Outreach event. Mayor Tait spoke about the passing of city employee Maureen Meza, Community Services Department (Pearson Park) and Carl Totoro, active parishioner of St. Anthony Claret Church. He expressed his condolences to the families and requested the meeting be adjourned in their name ADJOURNMENT: With no further business before the City Council and without objection, Mayor Tait adjourned the meeting of January 10, 2017 at 10:13 P.M., in memory Maureen Meza and Carl Tortoro. sspi �tfully submitted, -Linda N. Andal, CMC City Clerk