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09-12-17_ActionANAHEIM CITY COUNCIL ACTION AGENDA SEPTEMBER 12, 2017  ORDER OF BUSINESS: Public sessions of all regular meetings of the City Council/Successor Agency to the Redevelopment Agency/Housing Authority/Public Financing Authority/Public Improvement Corporation begin at 5:00 P.M. Public hearings begin at 5:30 P.M. unless otherwise noted. Closed sessions begin at 3:00 P.M. or such other time as noted. Closed sessions may be preceded by one or more public workshops. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. Not all of the above agencies may be meeting on any given date. The agenda will specify which agencies are meeting. All meetings are in the Anaheim City Hall, Council Chambers 200 S. Anaheim Blvd., Anaheim, CA 92805 or such other location as noted.  REPORTS: All agenda items and reports are available for review in the City Clerk’s Office, the Central Library and www.anaheim.net. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours.  PUBLIC COMMENTS: Prior to the business portion of the agenda, the City Council and all other related agencies meeting on such date will convene in joint session to receive public comments regarding any agenda items or matters within the jurisdiction of any such governing bodies. This is the only opportunity for public input except for scheduled public hearing items. The Mayor or chairperson will separately call for testimony at the time of each public hearing. The City uses speaker cards that should be submitted to the City Clerk (Please note, speaker cards are not required; everyone will have an opportunity to address the Council). The time limit established for public comments is three minutes per speaker unless a different time limit is announced. Testimony during public hearings is subject to the following time limits: Project applicant or issue initiator: twenty minutes for initial presentation and ten minutes for rebuttal; Residents within the noticed area of the subject property: ten minutes; All other members of the public: three minutes. Public hearings regarding legislative matters: five minutes. The Mayor or chairperson may limit the length of comments during public hearings due to the number of persons wishing to speak or if comments become repetitious or irrelevant. Pursuant to Government Code Section 54954.2(a)(2), no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.  ADDITIONS/DELETIONS: Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council or Agency.  CONSENT CALENDAR: Consent Calendar items will be acted on by one roll call vote unless members, staff or the public request the item be discussed and/or removed from the Consent Calendar for separate action.    SERVICIOS DE TRADUCCION: (TRANSLATION SERVICES: SEE LAST PAGE OF AGENDA FOR DESCRIPTION IN ENGLISH) La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al Ayuntamiento, declarando su petición en el podio. No tiene que usar los servicios de interpretación de la Ciudad; las personas pueden proveer su propio intérprete, si lo desean. Debido a que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los intérpretes puedan traducir a un dialecto o regionalismo en particular y rehúsa cualquier responsabilidad que surja de tales servicios. Para servicios de interpretación en otros idiomas, comuníquese con la oficina de la Ciudad (City Clerk), cuando menos 48 horas antes de la junta programada. Tom Tait Mayor James Vanderbilt Mayor Pro Tem At Large Kris Murray Council Member At Large Denise Barnes Council Member District 1 Dr. Jose F. Moreno Council Member District 3 Lucille Kring Council Member District 4 Stephen Faessel Council Member District 5 200 S. Anaheim Blvd. Anaheim, CA 92805 Tel: (714) 765-5166 Fax (714) 765-4105 www.anaheim.net 2 September 12, 2017 ANAHEIM CITY COUNCIL ANAHEIM, CALIFORNIA SEPTEMBER 12, 2017 3:30 P.M. Call to order the Anaheim City Council. 3:33 P.M. ADDITIONS\DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Recess to closed session. 3:33 P.M. 3:30 P.M. - CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Kla Mishaun Cook v. City of Anaheim, et al., Orange County Superior Court Case No. 30-2017-00913517-CU-PA-CJC 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Sean Pickett v. City of Anaheim, et al., Orange County Superior Court Case No. 30-2016-00887298-CU-PA-CJC 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Jason Motsick, Acting Human Resources Director Name of Employee Organizations: International Brotherhood of Electrical Workers, Local 47 and Anaheim Firefighters Association, Local 2899 4. PUBLIC EMPLOYEE APPOINMENT (Section 54957(b)(1) of the California Government Code) Position: City Attorney Reconvene Anaheim City Council. 5:20 P.M. 5:00 P.M. 5:20 P.M. Invocation: Nikki Mazlomi, Member of the Baha'i Faith Flag Salute: Council Member Stephen Faessel Presentations: Anaheim Public Library Foundation Board check presentation, in the amount of $20,000, for the eBook program Recognizing the Flag Day Essay Contest winners Acceptance of Other Recognitions (To be presented at a later date): Proclaiming September 2017, as Alcohol & Drug Addiction Recovery Month 3 September 12, 2017 Proclaiming September 2017, as Childhood Cancer Awareness Month Proclaiming September 2017, as Childhood Obesity Awareness Month Proclaiming September 2017, as Ovarian Cancer Awareness Month Proclaiming September 17-23, 2017 as Constitution Week Proclaiming September 19, 2017, as National IT Professionals Day Proclaiming September 25, 2017, as Family Day – Get Involved/Stay Involved Proclaiming September 27, 2017, as World Tourism Day ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): 60 speakers COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Mayor Pro Tem Vanderbilt requested a future proclamation recognizing the 40th anniversary of the Anaheim Shores community relalationship with Mito, Japan. Council Member Barnes requested veterans be given preference in the actions in Item No. 22. Council Member Moreno requested two future recongitions in conjunction with Hispanic Heritage Month: Sylvia Mendez from the Mendez v. Westminster school desegregation case and survivors of repatrition and forced deportation of Mexican-Americans known as the Executive Betrayal. Council Member Kring reminded everyone to take precautions against West Nile Virus by eliminating standing water, wearing long clothing, and using insect repellants including DEET. CITY MANAGER’S UPDATE: Interim City Manager Linda Andal announced the Free Annual Health Fair on September 23-24 and the 9th Annual Anaheim/Orange County Job Fair/Expo on September 20, both at the Anaheim Convention Center. 5:00 P.M. - CITY COUNCIL 9:24 P.M. Items pulled for discussion: Mayor Tait: Item No. 02 Council Member Moreno: Item No.06 Council Member Faessel: Item No. 10 MOTION: ____LK/KM___ Waive reading in full of all ordinances and resolutions and adopt the consent calendar. APPROVED VOTE: 7-0. CONSENT CALENDAR: 1. Receive and file minutes of Public Utilities Board meeting of July 26, 2017 and Sister City Commission meetings of August 22, 2016, September 26, 2016, June 26, 2017 and July 24, 2017. 4 September 12, 2017 2. Receive and file report on the use of Narcan by Anaheim first responders to treat opioid overdoses in the field. Item No. 02 Discussion. MOTION: TT/LK Approved Vote: 7-0 3. Approve recognitions to be presented at a later date recognizing Hilgenfeld Mortuary on its 90th Anniversary, Miss Anaheim out-going 2016-2017 Fall Festival Court, Martha Serrano’s 16 years of service as Assistant Head of School at Cornelia Connelly School, and the Member of Autism Care Services Program. 4. Accept the lowest responsive bids from Horizon Lighting Inc. and Kourtis Industries Ltd, in a combined amount not to exceed $51,100 plus a 20% contingency, to provide repair and maintenance services to the lighting at ballfields in City Parks for a one year period with up to four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #8997. 5. Approve the 2018 Health and Welfare Plan Rates and authorize the Human Resources Director to execute all required provider agreements. 6. Approve the Senate Bill 1 Roadway Repair Project List for Fiscal Year 2017/18, direct and authorize the Director of Public Works to submit it to the California Transportation Commission for eligibility to receive Road Maintenance and Rehabilitation Account funds, and increase the Public Works expenditure appropriation by $2,065,272. Item No. 06 Discussion. MOTION: JM/DB Approved Vote: 7-0 7. Approve Workforce Innovation and Opportunity Act Agreements with Orange County Conservation Corps and Taller San Jose Hope Builders, in the amounts of $340,566 and $180,305, respectively, for the term of July 1, 2017 through June 30, 2019, and authorize the Interim City Manager to execute and the Interim Workforce Development Manager, or her authorized representative, to administer the agreements. 8. Approve and authorize the Director of Community and Economic Development Department to execute and administer the Agreement for Sale of Real Property and Joint Escrow Instructions with Busal Holdings, LLC, in the amount of $6,350,000, for the sale of City-owned property located at 1221 S. Auto Center Drive. 9. Approve a General Services Agreement for professional civil and electrical engineering services and authorize the Public Utilities General Manager to execute the agreement separately with the following consultants prequalified by the Public Utilities Department for a three year term with up to two one-year extensions as needed to complete ongoing projects: Amped I, LLC; AVECS, Inc.; Berg Power Engineers, Inc.; BKF Engineers; CivilSource, Inc.; CONEKT2 Inc. dba C2 Group; Dahl, Taylor & Associates; ENCO Utility Services, LLC; The Engineering Partners, Inc.; Henkels & McCoy, Inc.; MasTek, Inc.; Mayers & Associates Civil Engineering, Inc.; Mesa Associates, Inc.; ORSA Consulting Engineers, Inc.; Parkia, Inc.; PMCM Consulting Engineers; TOR Engineering Corporation; and such other civil and electrical engineering consultants as the Department may prequalify during the three year term of this agreement; approve a not-to-exceed award amount of $400,000 per work order package with authorization for up to 15% in extra work, with a limit per consultant of $1 million in total awards during each fiscal year of the agreement's three year term, inclusive of extra work; authorize the Public Utilities General Manager to take any and all 5 September 12, 2017 actions necessary to implement and administer the agreement; and authorize changes to the agreement that do not substantially change the terms and conditions of the agreement, so long as such changes are determined to be de minimis by the City Attorney's Office. 10. RESOLUTION NO. 2017-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a policy to commit General Fund surplus to the community. Item No. 10 Discussion. MOTION: SF/TT to approved as amended to reflect “at least 25% of any General Fund surplus.” Approved Vote: 7-0 11. RESOLUTION NO. 2017-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the International Brotherhood of Electrical Workers, Local #47 (effective January 3, 2017 through June 30, 2020). 12. RESOLUTION NO. 2017-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or his designee to submit an application for the Outdoor Environmental Education Facilities Grant Program on behalf of the City of Anaheim to the State Department of Parks and Recreation, and if awarded, authorizing the acceptance of such funding on behalf of the City ($500,000 in grant funding for the Oak Canyon Nature Center Outdoor Education Project). Determine that Oak Canyon Nature Center Outdoor Education Project is categorically exempt from further environmental review under the California Environmental Quality Act, Class 2, Section 15302, Reconstruction (Amphitheater); Class 3, Section 15303, New Construction (outdoor laboratory space, interactive exhibits, ADA accessibility); Class 11, Section 15311, Accessory Structures, (interpretive signage) of the California Code of Regulations, authorize the Community Services Director, or his designee, to act as the agent of the City on all matters concerning this grant program; and if the grant application is successful and funds are awarded, amend the Community Services Department budget accordingly for the fiscal year in which grant funds are awarded. 13. RESOLUTION NO. 2017-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of grant applications and the acceptance of grants on behalf of the City of Anaheim for the Selective Traffic Enforcement Program (STEP) Grant and Pedestrian and Bicycle Safety Program Grant, authorizing the Chief of Police to execute all required grants' documents, and amending the budget accordingly ($403,200 in STEP grant funding and $70,000 in Pedestrian and Bicycle Safety Program grant funding). 14. RESOLUTION NO. 2017-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the city of Anaheim certain real properties or interests therein (City Deed Nos. 12092 and 12150) (public right-of-way purposes at 924-926 S. Beach Boulevard and 130 West Katella Avenue). 15. RESOLUTION NO. 2017-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain interests in real properties (City Deed Nos. 12126, 12127, and 12137) (BNSF Railroad Grade Separation project at Orangethorpe Avenue and Lakeview Avenue). 6 September 12, 2017 16. RESOLUTION NO. 2017-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating sidewalk easements generally located at 1781 S. Campton Avenue and Wright Circle pursuant to California Streets and Highway Code Section 8330, Et Seq. - Summary Vacation (ABA2015-00292). 17. Approve minutes of Council meeting of January 24, 2017. END OF CONSENT CALENDAR 9:48 P.M. At 9:48 P.M., Mayor Tait requested consideration of the agenda out of order to delay consideration of Item No. 18. With no objection from Council, consideration of Item No. 18 was delayed until later in the meeting. Item No. 18 was considered following Item No. 22. 18. Consider appointments to the Youth Commission to serve a 10-month term, ending June 30, 2018 and Senior Citizen Commission to serve terms through December 31, 2018 and December 31, 2020 (continued from August 29, 2017, Item No. 22). Council Member Murray nominated Juan Saldivar and Jasmine Nguyen. Mayor Tait nominated Isabel Hernandez. Approved Vote: 6-0 (AYES: Mayor Tait and Council Members Vanderbilt, Murray, Moreno, Kring, and Faessel; ABSENT: Council Member Barnes). Youth Commission (3 appointments): At large appointment: ______Juan Saldivar________ At large appointment: ______Jasmine Nguyen______ At large appointment: ______Isabel Hernandez_______ Senior Citizen Commission (7 appointments) With no objection from Council, Mayor Tait continued the appointments to the Senior Citizen Commission to September 26, 2017. District 1 appointment: ___________________________ (December 31, 2020) District 4 appointment: ___________________________ (December 31, 2020) District 5 appointment: ___________________________ (December 31, 2020) District 3 appointment: ___________________________ (December 31, 2018) At large appointment: ___________________________ (December 31, 2018) At large appointment: ___________________________ (December 31, 2018) At large appointment: ___________________________ (December 31, 2018) 7 September 12, 2017 19. Receive and file update regarding police oversight and recent outreach efforts (continued from August 29, 2017, Item No. 25). Item No. 19 Discussion. MOTION: SF/TT Approved Vote: 7-0 20. Appointment(s) to the Homeless Policy Working Group established by the City Council on June 20, 2017. Item No. 20 Discussion. MOTION: Council Member Faessel nominated Kevin Sorkin, seconded by Council Member Murray. VOTE: 4-0-3 (AYES: Mayor Pro Tem Vanderbilt and Council Members Murray, Kring, and Faessel; ABSTAIN: Mayor Tait and Council Members Barnes and Moreno). Motion carried. Mr. Sorkin was appointed to the Homeless Policy Working Group. 21. Receive report outlining current city efforts as well as collaborative efforts with the County of Orange to address homelessness, including efforts to resolve the jurisdictional complexities and challenges inherent with the County owned and maintained flood channels both within and outside City limits and discuss and direct staff to take any necessary steps related to addressing and resolving the concerns of homelessness. Item No. 21 Discussion. MOTION: TT/LK Approved Vote: 7-0 22. RESOLUTION NO. 2017-140 A RESOLUTION OF THE ANAHEIM CITY COUNCIL declaring a public health and safety state of emergency related to the homeless, homelessness and homeless encampments within and adjacent to City property and empowering city staff to take immediate action to provide needed shelter and services, in conjunction with neighboring jurisdictions and to provide the necessary enforcement to address unlawful activity in the Santa Ana River Trail, City parks, and on City-owned property. Item No. 22 Discussion. MOTION: KM/SF to approve resolution as amended to include four WHEREAS clauses in the recital; direction to the City Manager to act to extent allowable by State and Federal laws; changed language to Item Nos. 2 and 8 to participate with County and other representatives and to support County efforts to create a temporary, emergency shelter; an additional item following No. 13 to request the County to allocate funds to non-profits focused on assisting the homeless in Anaheim; and an additional item to provide preference to military veterans and those aged out of the foster care system. Approved Vote: 7-0 Council Member Barnes left the meeting at 12:35 P.M. Item No. 18 was considered following Item No. 22. 23. Conduct a six-month review of the Council action taken on March 7, 2017 reducing the City Manager's authority from $100,000 to $50,000 and provide staff with direction on the authority of the City Manager to execute professional services agreements. Item No. 23 With no objection from Council, Mayor Tait continued Item No. 23 to September 26, 2017. Land Use - Zoning Report on Closed Session Actions: None 8 September 12, 2017 Council Communications/Agenda Requests: Council Member Murray requested donations for the Red Cross to assist hurricane victims and asked to close the meeting in memory of victims and remembrance of 9/11. Council Member Kring announced the 230th birthday of the U.S. Constitution on September 17th and the need for volunteers at the Kaboom playground build day at Willow Park on September 23rd. Council Member Kring left the meeting at 12:41 P.M. Mayor Pro Tem Vanderbilt encouraged youth and other applicants to continue seeking appointments. Council Member Moreno requested consideration of eBook funding during supplemental budget discssions; thanked the Central Library for hosting a citizenship clinic; acknowledged Nathan Zug and Magnolia Baptist Church for hosting an evening meeting of the Homeless Policy Working Group; announced his meeting with the Management Advisory Council (MAC); requested a policy or ordinance pertaining to public art; announcd his attendance at the District 5 community meeting; acknowledged staff and other panelists at the Homeless Policy Working Group meeting; and announced the following upcoming events:town hall meeting at St. Boniface Catholic Church on September 14th regarding the Lincoln Avenue Widening Project, Meet the Author event for Luis Alberto Urrea at the Central Library on September 16th, Homeless Policy Working Group meeting on September 22nd, Crime and Safety forum surrounding Sage Park on September 19th, Julianna Park design meeting on September 19th, and the Kaboom playground build day at Willow Park on September 23rd. Additionally, he requested an agenda item regarding an affordable housing policy, a map of SB-2 zones, and for the meeting to be adjourned in memory of the victims of the earthquake in southern Mexico. Council Member Faessel requested an update on October 17 regarding the Planning for Parks initiative, thanked Anaheim Fire & Rescue personnel for their Hurricane Harvey efforts, reported his tour of the riverbed, thanked District 5 residents and others for participating in the community meeting last Thursday, thanked Bob Gomez for working with Caltrans regarding brush and debris at Underhill and Sunkist, and requested the meeting be adjourned in memory of Mary Hibbard. Mayor Tait thanked staff and the public for their work and engagement and requested support for the Red Cross efforts. Adjournment: 12:48 P.M. in memory of Mary Hibbard and the victims of the recent hurricanes and earthquake. Next regular City Council meeting is scheduled for September 26, 2017. All agenda items and back-up materials are available for review at the Anaheim City Clerk’s Office, www.anaheim.net and the Central Library. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk, located at 200 S. Anaheim Blvd., 2nd Floor, Anaheim, CA 92805, during regular business hours. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. 9 September 12, 2017 Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the City Clerk’s Office either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5166, no later than 10:00 AM on the day preceding the scheduled meeting. TRANSLATION SERVICES: Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) is also available to anyone addressing the Council by stating your request at the podium. The use of city provided interpreters is not required and persons are welcome to use their own interpreter. Because many dialects and regionalisms exist the City cannot guarantee that interpreters will be able to interpret into a particular dialect or regionalism, and disclaims any liability alleged to arise from such services. For translation services in other languages, contact the City Clerk’s office no later than 48 hours prior to the scheduled meeting. POSTING STATEMENT: On September 8, 2017, a true and correct copy of this agenda was posted on the kiosk outside City Hall, 200 S. Anaheim Blvd. Internet Access to City Council/Successor Agency to the Redevelopment Agency/Housing Authority agendas and related material is available prior to City Council Meetings at www.anaheim.net.