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09/12/2017ANAHEIM CIN COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF SEPTEMBER 12, 2017 The regular meeting of September 12, 2017 was called to order at 3:00 P.M. and adjourned to 3:30 P.M. for lack of a quorum. The regular adjourned meeting of September 12, 2017 was called to order at 3:33 P.M. in the Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on September 8, 2017. PRESENT: Mayor Tait and Council Members: James Vanderbilt, Kris Murray, Denise Barnes, Jose F. Moreno, Lucille Kring, and Stephen Faessel. STAFF PRESENT: Interim City Manager Linda Andal, Acting City Attorney Kristin Pelletier, and Acting City Clerk Theresa Bass. ADDITIONSIDELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 3:33 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: 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 At 5:20 P.M., the council session was reconvened. 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 Library Foundation Board Members Ginny Gardner and Joan Pettite addressed the work of the Foundation and prior donations and presented the city with a check for $20,000 to continue the City Council Minutes of September 12, 2017 Page 2 of 26 Library's eBook program. Ms. Pettite thanked Council Members who have supported the Foundation and announced the 23rd Annual Mystery Authors Luncheon on April 15, 2018. On behalf of the City and Council, Mayor Tait expressed appreciation for the donation to continue the Library's eBook program. Recognizing the Flag Day Essay Contest winners Maria McFarland, Member of the Flag Day Celebration Committee, announced the thirty-seven first -place essay winners, presented programs of the essays to Council Members, and recognized School Superintendents, Principals, and Teachers in attendance. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming September 2017, as Alcohol & Drug Addiction Recovery Month 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 Finance Director Debbie Moreno, on behalf of the city's IT division, accepted a proclamation recognizing September 19th as National IT Professionals Day and thanked Council and the city for its support. Proclaiming September 25, 2017, as Family Day — Get Involved/Stay Involved Proclaiming September 27, 2017, as World Tourism Day Pepe Avila, Director of Tourism Development, Visit Anaheim, thanked Council for the proclamation, addressed the mission of Visit Anaheim, and commented on their work. He thanked Council for recognizing the importance of tourism in the community. ADDITIONS/DELETIONS TO THE AGENDA: None Prior to opening public comments, Mayor Tait invited County Supervisor Todd Spitzer to the podium, who provided a County -wide update. County Supervisor Todd Spitzer reported the Board of Supervisors took an action, earlier that day, to assign the Sheriffs Department to the river bed, with the cooperation of the city, the city's Police Department, and surrounding jurisdictions; acknowledged increasing problems related to the homeless issue; and estimated the presence of the Sheriffs Department would vacate 20% of the homeless people living there. He noted the need to distinguish between the people who were there because of circumstances and those who were there to exploit the homeless. He stated the solution was to continue partnering with cities, the county, and other jurisdictions. Anaheim has provided tremendous leadership and Supervisor Spitzer reported he was pushing hard to make the armories available and was committed to clearing out the riverbed. Additionally, he addressed the Hepatitis outbreak and noted the need to protect people from the disease. He urged Council to assert its position to ask the Board of Supervisors to re-establish bathrooms and wash stations at the riverbed as the only existing bathroom is near the Honda Center, a thirty- City Council Minutes of September 12, 2017 Page 3 of 26 minute walk for most people living in there. He stressed the importance of providing basic, human services while working to clear out the riverbed, reported the issue was complex, and promised to commit all County resources to whatever steps Council took. Council Member Moreno thanked Supervisor Spitzer for his balanced approach, his call to action, and his leadership. In response to his question regarding what the city could do to ensure three votes from the Board of Supervisors, Supervisor Spitzer noted everyone was responsible for SB - 2 siting and urged the County and individual cities to work together to do something about this issue. He commented on the Kraemer Shelter, reported no complaints have been received regarding the facility, and expressed confidence in the support of other County Supervisors. He stated there were categorical and designated monies to spend on the homeless issue and noted the need to spend it to solve the problems of homelessness in the county. Council Member Kring asked regarding the Fullerton property which was the original place a shelter was going to be built and whether Supervisor Spitzer could push for reconsideration of that property for the homeless and relative to a property on Fairview, suggested using it to help those who are drug -addicted. Supervisor Spitzer suggested holding a county -wide meeting with designees to address these issues. Council Member Faessel thanked Supervisor Spitzer for his work and reported most residents of District 5 were waiting to see something done on the river bed. He indicated one of the major issues had been enforcement and commended the Board of Supervisors and the Anaheim Police Department for working together to provide enforcement services in the riverbed. He commended CityNet for its work and noted the need to provide services and enforcement. Mayor Pro Tem Vanderbilt acknowledged the need to work together in solving the homeless problem and thanked Supervisor Spitzer for his time and efforts. Council Member Murray thanked Supervisor Spitzer and his colleagues for the action taken today during the Board of Supervisors meeting. She stated solutions were possible when cities and the county work together and stressed the city wanted to continue partnering with the county for solutions. Mayor Tait thanked Supervisor Spitzer for his comments and the Board of Supervisors for their action today. PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum statement was provided by Acting City Clerk Theresa Bass. Cecil Jordan Corkern read from the Bible and commented on his work to clear Disney and other organizations of alleged crimes. Mark Weyant, Living Justly Industries, submitted a scope of ideas relative to the homeless for Council's consideration and offered to help with their services. Mark R. Daniels spoke regarding Council Member Murray's plan to have the city declare a state of emergency and opined the city should be reaching out to the Federal Government for help, adding the problem was far beyond the reach of the County of Orange. Additionally, he suggested council members give Nancy West an audience. Council Member Murray responded that she accepted Ms. West's information and read the material, adding she did not dismiss her. City Council Minutes of September 12, 2017 Page 4 of 26 Mary Sitter spoke regarding the homeless problem on the north side of the city and stated the recent action by the Board of Supervisors should have happened six years ago. She noted the rights of taxpayers and property owners, complained about debris in her yard left by the homeless, and indicated she had no faith in the current system. Nancy West, Al Fresco Gardens, stated this was about cleaning up the community and addressed the Al Fresco Gardens plan which included a conglomeration of outsourced services to help occupants. She reported she was once chronically homeless, but reclaimed her life and has worked with domestic violence victims to reclaim their lives. Ms. West encouraged Council and the public to visit their Facebook page to learn more about the facility and the program or contact her directly for a presentation. Mayor Tait stated he believed Ms. West's plan had real merit and asked for a copy of the blueprint as well as for the City Manager to send a copy to the county. Renee B. referred to a wrongful death trial on September 26, 2017, 9:00 A.M., at the Reagan Federal Building in Santa Ana and asked Council and the public to seek the truth about the Anaheim Police Department in terms of accountability. She expressed concerns with increased police presence among the most vulnerable members of society and asked what the city would do with the people that were cleared from the river bed. Lord Galloway, Executive Director, Eli Home for Abused Children, thanked Council for their work, offered her support, and hoped Council would find a way to work together to solve the city's pressing issues. R. Joshua Collins, Homeless Advocates for Christ, read from the Bible and noted Jesus was homeless. He stated being poor should not be a crime and opined anti -camping laws were created to attack social and economic class. He encouraged Council to change those laws, make Anaheim the city of kindness, and provide those living on the riverbed with restroom facilities. He complained of police harassment and hoped those sent into the river bed to clear it out will be respectful. Eve Garrow, American Civil Liberties Union (ACLU) of Southern California, spoke in opposition to Item No. 22, noting the homeless were not a public health and safety threat and research showed people experiencing homelessness were no more dangerous than people who were housed. She reported people were living in the Santa Ana River trails because they had nowhere else to live and stated people do not need a balance between enforcement and services. She addressed the lack of shelter space and opined the city violates people's civil rights when they are cited because they have nowhere else to go under the U.S. Constitution. Ms. Garrow stated opposition to policy solutions that included the criminalization of sleeping or camping in public. Cynthia Ward commented on a misinformation campaign that was wrongfully blaming the wrong people for the homeless problem. She opined the Board of Supervisors was responsible for this situation while they sat on millions of dollars targeted for homeless programs and stated it was time for the county to start picking up the load. Ms. Ward stressed the need for solutions and leadership from Council and urged them to listen. Victoria Michaels addressed declaring a state of emergency regarding homelessness and recommending educating the public about what was being done. Council Member Murray reported she had worked for years to open the first shelter in Orange County and create housing and working opportunities. She stated she cares deeply about this issue and hoped Item No. 22 will move forward, as the entire emphasis of the program involves collaboration. City Council Minutes of September 12, 2017 Page 5 of 26 A male speaker stated the homelessness problem was world-wide due to discrimination and urged Council to fight and act for the issues. William Fitzgerald, Homeowners Maintaining Our Environment, opined the Anaheim Council caused the homeless crisis on the Santa Ana River trail when it created a dog park at La Palma Park and gave away 25 acres of land that should have been used for the homeless. He commented negatively on the proposed plan and on Council's recent action to deny installation of portable bathrooms on the riverbed, as he believed Council did not have the power to seize portable bathrooms from the riverbed last May. Glenda Flora expressed disappointment that the city was the only city in Orange County that has not paid for e -books, which has been funded by the Library Foundation 100% up to this point. Additionally, she reported there were two marijuana dispensaries across from her house and complained of debris left in the neighborhood from patrons. Ms. Flora shared that her brother runs marathons and used to train on the Santa Ana River trail, but no longer does because of harassment and debris from the homeless living there. Council Member Faessel reported asking the Community Services Director about the issue with a -books and stated if the city was the only city that did not provide e - books, something was wrong. Lou Noble commented on issues related to homelessness and blamed much of it on residents who were against shelters and portable restrooms. He stressed that clean water and sanitation were human rights and shared a video of a conversation with a homeless, 65 -year old lady. Don Burch commended Council for its efforts in trying to resolve the homeless problem and commented in support of Item No. 22. However, he questioned increased enforcement and commented on the current ordinance relative to overnight camping and the storage of property. He feared the policy acted on by the Board of Supervisors would not carry enough teeth and stated Council needed to be firm and act immediately. Theresa McGuire expressed concerns with public health, especially with the increased incidences of Hepatitis A in San Diego. She feared the homeless encampments could spread other viruses and diseases and create a public health issue for everyone. Council Member Kring reported CityNet was going through homeless encampments and giving people Hepatitis A vaccinations. Tamara Jimenez, Lighthouse Treatment Center, spoke in opposition to Item No. 22 and read a letter from a client, Maddie, sharing her story of being homeless and taken to the Lighthouse Treatment Center by Officer Danny Lambaren, who has been working with her for ten years. She stated that arresting the homeless or giving them citations was not the answer, and what worked for her, was Officer Lambaren showing her compassion and love and thanked Council and the city for its work in this regard. Ms. Jimenez reported the Homeless Policy Working Group would issue its report to Council on October 20, 2017, and felt it would be a responsible approach to wait on declaring a city emergency until the report was published. She reported Council Member Moreno was starting an addiction collaborative in Anaheim, for Orange County, which would start on Monday. Mayor Tait expressed appreciation for Maddie's letter and commented, with pride, at Officer Lambaren's and the Anaheim Police Department's work in this effort. City Council Minutes of September 12, 2017 Page 6 of 26 Ron Bengochea noted the issue of homelessness in Anaheim was nothing new, spoke about politicizing the issue, commented on 30% of the homeless being so by choice, and on the need for improved sanitary conditions. Danny Simmerman indicated he is a homeowner and pays taxes in the city and believed Council Member Murray was the only one on Council who had come up with a solution. Brooke Weitzman, Elder Law and Disability Rights Center, alleged the city has violated the constitutional rights of the homeless, adding the city has already tried criminalization within the parks and it did not work as it did not make the homeless disappear and did not get them into housing. She stated the solution to homelessness was not picking "good" and "bad" homeless, but rather providing them with housing. She urged the city to consider increasing funding for, and access to, housing; asked Council to pressure the county to fulfill their offer; and differentiate between homelessness and housing. Ms. Weitzman stated if the city chose to take steps that criminalize homelessness, her agency would not hesitate to use litigation. Sarah Gregory, Legal Aid Society of Orange County, indicated the only solution to homelessness was housing and encouraged Council to commit funding to housing solutions, including transitional and permanent housing and suggested establishing a housing trust fund to increase affordable housing, in partnership with the county. Ms. Gregory noted opposition to Item No. 22 because it increased law enforcement before housing solutions were in place, stating criminalization just worsens the problem and cannot solve homelessness as people have nowhere else to go. Mayor Tait asked Ms. Gregory to send information to each Council Member regarding establishing a housing trust fund. Mohammed Aly, attorney, agreed with the previous two speakers and spoke in opposition to Item No. 22. He stated if the city and county wanted to increase enforcement, there must be an alternative provided to enforcing anti -camping ordinances. Mr. Aly reported the armories did not provide adequate facilities for the disabled and stated the Constitution trumped city ordinances and stated an alternative must be provided before enforcing ordinances. He commented on the possibility of filing for a temporary restraining order against implementation of the proposed plan. Tiana Marnitt noted a homeless crisis in the city and commented on the number of people needing help and on the lack of resources to provide it. She spoke in support of Item No. 22, noting the need for resources but also for enforcement to protect residents. "The Cameraman" spoke about homelessness in the city existing for years and suggested Al Fresco Gardens was a good place for the homeless to get help not Orange County jails. He acknowledged there was a criminal element in the riverbed, but took exemption at associating every homeless person as a drug addict or criminal. He addressed the need for bathrooms, agreed with the need for Item No. 22, but felt it should not have gotten to this point and should have been handled better than it has been. Lisa Huard, Homeless Ministry, commented on the city having the resources to help and noted people have nowhere else to go. Juan Maldonado noted the increasing homeless problem and commented on a program in collaboration with the city and Habitat for Humanity, helping people obtain financing for their homes. He reported applying for the program, being denied by the city, and submitted a letter asking Council to help. City Council Minutes of September 12, 2017 Page 7 of 26 Elissa Goodwin spoke in support of Item No. 22 and urged Council to act tonight as Operation Home Safe provided both compassion and tough love for those who refused help. She asked homeless advocates to stop enabling those who need help, but refuse it and asked the city to send a message that crime will not be tolerated. She alleged opposing the matter will be a betrayal of homeowners and taxpayers, and stated by approving it, many residents and non-profit organizations will step up to help as well. She asked Council to support the plan. Mariann Long reported she mentors pregnant teens through Mary's Shelter and shared a story from one of her mentees whose mother abandoned her when she was two years old and now lives on the riverbed and is addicted to meth and heroin. She stated more and more people are coming to Anaheim to try to get rehabilitation, which does not always work, and noted prevention was the best cure and spoke in favor of increasing education regarding drug addiction. John Dunton thanked the Anaheim Fire and Rescue, noting they really care about 9/11. Tim Paarni, manager of a mobile home community, thanked Council and the city for its efforts regarding the homeless and commented on incidences of crime in his neighborhood by homeless individuals. Heidi Zimmerman spoke about the city's history of helping people and shared her experience speaking with a disabled, 80 -year old, homeless woman. She reported the city of compassion and kindness should stop labelling people as criminals and drug addicts, noting that criminalization of homelessness was not the answer. Council Member Murray stated the focus of the city and other agencies was to provide help and declared the city would work with the county and other cities to fund the help the homeless need. Shaun Dove thanked the city, Council, and the Police Department but expressed concerns with having Anaheim Police monitoring and enforcing ordinances when staffing was already depleted. He added he was not against providing portable bathrooms, but stressed they needed to be secured. He reported that the homeless were being victimized by the criminal element and asked Council not to allow the county to force the city into spending the limited resources of the Anaheim Police Department onto the riverbed. Mayor Tait thanked the American Legion Hall for their event in commemoration of 9/11. Mesbah Islam commented on Council taking no action relative to providing portable restrooms on the riverbed. He spoke in opposition to Item No. 22, noting it would provide very few homes, was unsafe, and inadequate. He addressed a lack of shelter space and stated the proposal did not provide a concrete timeline and seemed vague, as those displaced by the proposal would have nowhere to go as other cities in the county also have anti -camping ordinances. He indicated the Orange County Young Democrats called on Council to take meaningful steps to provide adequate services including access to restroom facilities, shelter beds, and a long-term solution involving free or affordable housing. Wayne referenced Measure HHH, commented on increased taxes, and reported people were moving out and those moving in were people who do not want to work. He spoke in support of Item No. 22 and urged Council to clean up the problem. Tim Houchen shared his experience being homeless and stated many of the homeless would prefer to be housed. He expressed concern with moving them out of the riverbed, as they have nowhere else to go and suggested giving them opportunities before counting them off. He City Council Minutes of September 12, 2017 Page 8 of 26 thanked Council for acknowledging a sense of urgency, but felt Council should wait until the Homeless Working Group had issued its report before deciding on this matter. Additionally, he recommended putting an end to hate speech and bringing the community together to come up with a solution for both the homeless and those impacted by homelessness. Jordan Hoiberg spoke in opposition to Item No. 22, noting the practicality of clearing the homeless from the riverbed without a solution in place was highly unethical and illegal and questioned Council's authority in opening national armories. He suggested a solution may be establishing a housing trust bond and allowing people to vote on the issue and noted savings in creating a "housing first" approach. Tony Rutledge shared his experience becoming disabled through an automobile accident and being homeless. Part of this therapy involved riding his bike on the river trail, but reported he can no longer do it because of the conditions there. He spoke in support of Item No. 22 and asked Council to bring back the trails and stop enabling the homeless. Brandy Barnett, prior resident of the riverbed, spoke about CityNet and other agencies working with them. She urged everyone to stop misjudging them, commented on police and fire departments that help, and noted the county has the money to help. Peter DeMarco, Orange County Business Council, spoke in support of Item No. 22, noting the increase in homelessness has resulted in a public safety crisis and impacts residential and commercial areas. Mr. DeMarco suggested increasing the supply and affordability of available housing and urged Council to adopt Operation Home Safe and continue its partnership with Orange County. Treva Wishank alleged Council was the cause of the homeless problem, quoted from a poem, and commented on the broken window theory. She opined Council should have shown leadership from the very beginning and stated taxpayers deserve respect. Je'net Kreitner, Grandma's House of Hope, referenced Supervisor Spitzer's commented about the money available to help the homeless. She reported challenges and limitations in terms of receiving HUD money, addressed her organization's budget, and reported they serve about 325 homeless people every year. She asked Supervisor Spitzer to help her agency as well as other non-profit organizations working towards a solution and stated it would be helpful if the city signed a waiver for CUPs as it cost them $18,000 to apply for most recent one. Mayor Tait thanked Ms. Kreitner for the work she and her organization do. Council Member Murray announced part of the plan being considered tonight offered a streamlined permitting process and a waiver of fees for SB -2 zones and commended Ms. Kreitner for her work. Chad Hoffman commended the activists for their work, felt that many homeless want and need help, and commented on the patience of residents who have been waiting on the city and county to do something to resolve the issue. He noted the growth in homelessness, feared Orange County haf become a land -grab, and commented on the criminal element within the homeless community. Mr. Hoffman felt that solutions were needed, more than enforcement, adding the need for housing and listed concerns with Item No. 22. He encouraged working closely with the county to develop other locations in other areas, not just Anaheim. David K. commented on his work with the homeless, opined Proposition 47 helped to increase the problem, and spoke about the importance of encouragement. He spoke in support of Item No. 22 and felt the Democrats needed to be voted out. City Council Minutes of September 12, 2017 Page 9 of 26 Eva Collister reported she lives near State College and Lincoln where the homeless problem has escalated. She expressed concerns with safety and quoted from the Bible, stating the person who does not work will not eat and will become poor. Ms. Collister complained of increased crime and stated you cannot give resources to someone who does not want it. Jordan Brandman spoke in support of Item No. 22 and shared his experience with the homeless in his neighborhood. He acknowledged the work of Council, but reported on the increasing debris and crime. Mr. Brandman noted all human beings deserve compassion and grace but any strategy that does not provide real alternatives to homelessness will simply enable the status quo, as homelessness policies must help the homeless and help make Anaheim a better place to live. Greg Diamond commented on the right to travel and stated Item No. 22 should not be approved unless it included three amendments, which he described. He suggested a title change, believing this was not an emergency and a statement indicating, "To the maximum extent permitted by state and federal law" and "To the maximum extent permitted by the holding of Jones vs. Los Angeles"; which provides for the need to have alternatives before doing some of the things Council was proposing. He stated the current system of jailing the homeless was expensive compared to other housing alternatives. Anthony Gatlin spoke in support of Item No. 22, noting the current situation as unsafe, unhealthy, and unlawful and urged Council to support the city's residents by declaring a state of emergency. He stated the city needed to help those who can be helped and were willing to help themselves and enforce laws for those who were not willing to accept the help being given to them. Jeff LeTourneau commented on Item No. 22 and on needle -exchange programs, believing it was not helpful to give millions of dollars and place a tax moratorium on the county's largest employer, as that lead to the problem. He stressed the current ordinances of anti -camping and property seizure were not the solution, as the homeless have nowhere else to go. Council Member Kring reported the county pays for people to clean up and get rid of the trash and there were specific receptacles for used needles. Wes Jones spoke in opposition to Item No. 22, noting the city has no jurisdiction in the county's riverbed and felt the city and county should offer the necessary services to solve the problem. He expressed support for the Board of Supervisors' recent action and hoped for a solution. Council Member Murray reported the plan was not about moving people without providing services; it was about providing people with shelter and services. Opening the armories, in collaboration with other cities, was a part of making sure there was adequate winter shelter, but was not the solution. Mike Robbins, People's Homeless Task Force, commented on David Duke coming to town, reported his organization voted to establish a working group, and felt Council should wait for their findings in terms of a solution to homelessness. He stated the county has the money but needs land and he noted SB -2 zones can make it happen. He admonished against hateful rhetoric against the homeless. Daniel Robbins spoke regarding Item No. 22 and opined it was not different than what was currently being done. He commented on possible actions by the ACLU and stated providing shelter should be the focus, further stating that if the city built shelters, it can clear people from the riverbed. He addressed the number of homeless individuals and the lack of beds available and presented his version of the proposed ordinance for Council to consider. City Council Minutes of September 12, 2017 Page 10 of 26 Jeanine Robbins addressed a rise in the threat of hate speech directed at the homeless and reported comments made at recent group meetings, stating Council did not condemn the hate speech. She referenced a prior resolution presented to denounce Donald Trump's hate speech, but alleged such actions did not occur during meetings to denounce the speech of others. She further addressed misinformation regarding the homeless and various social media outlets. Janette Saldivar spoke regarding the effects on residents of District 5 by the homeless and voiced support for Item No. 22. She expressed safety concerns and complained of vandalism and theft. Bryan Kaye thanked Council Member Murray for attending the Board of Supervisors' meeting. He presented copies of a document to Council, spoke regarding police harassment, and stated to be kind action was necessary. Bob Donelson spoke in support of delaying Item No. 22, noting there must be places for the homeless to take shelter before attempting to clear them from the riverbed. He noted the need to provide sanitary facilities for them, stay positive, and take care of the city. Kevin George spoke in support of Item No. 22, noting it was a step in the right direction and that most of his neighbors felt the same. He added that compassion and enforcement were not mutually exclusive and commented positively on the work of the homeless task force. He agreed that hateful rhetoric must stop and noted residents' frustrations with the matter. Jeff spoke in opposition to Item No. 22 noting the aftereffects of clearing out the riverbed were not addressed, anticipated, or funded. He referenced the homeless working group, opined it needed to be given a chance to work, and noted the need for a calm, reasonable approach. Rina Lopez reported the need to be compassionate with the homeless, as many have not chosen to be homeless. She shared a recent experience with a homeless individual who spoke to her regarding the need for restrooms. Ms. Lopez offered to volunteer, where necessary, to help the homeless. COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Mayor Pro Tem Vanderbilt requested a future proclamation recognizing the 40th anniversary of the Anaheim Shores community relationship with Mito, Japan. Council Member Barnes requested veterans be given preference in the actions in Item No. 22. Council Member Moreno requested two future recognitions in conjunction with Hispanic Heritage Month: Sylvia Mendez from the Mendez v. Westminster school desegregation case and survivors of repartition 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. CONSENT CALENDAR: At 9:24 P.M., the consent calendar was considered with Mayor Tait pulling Item No. 02 for further discussion, Council Member Moreno pulling Item No. 06, and Council Member Faessel pulling Item No. 10. City Council Minutes of September 12, 2017 Page 11 of 26 MOTION: 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 Murray. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion Carried. 8105 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. D116 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. D180 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. D154 5. Approve the 2018 Health and Welfare Plan Rates and authorize the Human Resources Director to execute all required provider agreements. AGR- 7. Approve Workforce Innovation and Opportunity Act Agreements with Orange County 9563.B Conservation Corps and Taller San Jose Hope Builders, in the amounts of $340,566 and AGR- $180,305, respectively, for the term of July 1, 2017 through June 30, 2019, and authorize 10248.A the Interim City Manager to execute and the Interim Workforce Development Manager, or her authorized representative, to administer the agreements. AGR - 110746 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. AGR - 10353.A GR - 10485.A 9. Approve a General Services Agreement for professional civil and electrical engineering AGR - 8383.A services and authorize the Public Utilities General Manager to execute the agreement 8382.A separately with the following consultants prequalified by the Public Utilities Department for AGR -10748 a three year term with up to two one-year extensions as needed to complete ongoing AGR- 8386.A projects: Amped I, LLC; AVECS, Inc.; Berg Power Engineers, Inc.; BKF Engineers; AGR -10749 AGR CivilSource, Inc.; CONEKT2 Inc. dba C2 Group; Dahl, Taylor & Associates; ENCO Utility - 8 89A Services, LLC; The Engineering Partners, Inc.; Henkels & McCoy, Inc.; MasTek, Inc.; 839R1 A Mayers & Associates Civil Engineering, Inc.; Mesa Associates, Inc.; ORSA Consulting AGR- Engineers, Inc.; Parkia, Inc.; PMCM Consulting Engineers; TOR Engineering Corporation; AGR -' GR- 0750 and such other civil and electrical engineering consultants as the Department may AGR -10751 AGR - 8397.A AGR -10752 AGR - 8400.A City Council Minutes of September 12, 2017 Page 12 of 26 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 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. D154.5 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 R100 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. R100 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 P124 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). P124 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 City Council Minutes of September 12, 2017 Page 13 of 26 interests in real properties (City Deed Nos. 12126, 12127, and 12137) (BNSF Railroad Grade Separation project at Orangethorpe Avenue and Lakeview Avenue). Pilo 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). D114 17. Approve minutes of Council meeting of January 24, 2017. END OF CONSENT CALENDAR D160 2. Receive and file report on the use of Narcan by Anaheim first responders to treat opioid overdoses in the field. Mayor Tait shared an experience while he was on a ride -a -long with the Anaheim Police Department involving an overdose. He reported paramedics brought her back to life using Narcan and noted by having all first responders carry Narcan, it would save lives. Anaheim Police Chief Raul Quezada reported the city had entered into an agreement with the county, and by this Friday, each officer will have been trained on the use of Narcan and will carry kits going forward. Mayor Tait commented on the rising opioid epidemic and reported two lives have already been saved by the kits. MOTION: Mayor Tait moved to receive and file the report on the use of Narcan by Anaheim first responders to treat opioid overdoses in the field, 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. D175 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. Public Works Director Rudy Emami presented the staff report, stating the item was to approve a project list for SB 1 funding, which was the new increase in gas tax. To be eligible for this funding, he explained, the City is required to submit a list of projects to the state. DISCUSSION: Council Member Moreno indicated he was interested in the public knowing about the projects, commented on the importance of maintaining neighborhoods, and reported this was a product of the gas tax, recently implemented by the state, which would allow the city to improve its roads expeditiously. He asked staff to outline the city's buying power before the tax was passed and the buying power it created. Mr. Emami reported the gas tax was increased to 18 cents per gallon in 1994, and now the city's buying power was 9 cents per gallon, which was the main funding source to repair city streets. He further explained that with increased fuel efficient vehicles, people were buying less gas and the recent tax increase provided formula funds for cities and the county and makes competitive City Council Minutes of September 12, 2017 Page 14 of 26 grants available. For the first part of the year, the City would see about $2,000,000 that would benefit both neighborhood and arterial streets and the city would work with the county to help share in the funding they will receive. Council Member Moreno noted this will help the city accelerate projects, for example Beach Blvd., the north east colony, and the east side covering La Palma from East toward Acacia. Mr. Emami reported staffs primary focus will be street rehabilitation projects; the goal was to get the city's overall pavement index rating over a score of 80. In response to Council Member Faessel's question, Mr. Emami reported currently the city's rating was 72. Council Member Faessel noted the list covers streets from one end of the city to the other and commented positively on the plan. In reply to Mayor Pro Tem Vanderbilt's inquiry, Mr. Emami reported the plan will fund about 50% of the work that was needed and reported competitive grants will provide additional funding. Council Member Moreno asked whether the city makes efforts to promote local hiring and Mr. Emami reported the city works with contractors on large projects and encourages contractors to hire locally. Council Member Kring commented positively on hiring local, but worried about veterans and asked they be given preference. MOTION: Council Member Moreno moved to 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, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion Carried. D128 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. DISCUSSION: Council Member Faessel stated this was the formulation of a policy where Council commits 25% of any General Fund surplus back into the community and hoped his colleagues would approve the item. Council Member Moreno asked if Council Member Faessel would amend the policy to "at least, 25%", with said suggestion accepted. Mayor Tait opined the issue deserved additional discussion and suggested continuing the matter to the next City Council meeting. Council Member Faessel disagreed, noting there had been much discussion already and would like to have this matter move forward. Council Member Murray stated care should be taken that the city does not box itself in, as there were other issues in the city that may not fit into the proposed definition. Council Member Faessel noted the item allows Council significant flexibility and does not tie the city to any project/area. City Council Minutes of September 12, 2017 Page 15 of 26 MOTION: Council Member Faessel moved to approve 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, amended to reflect "at least 25% of any General Fund surplus", 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. At 9:48 P.M., Mayor Tait requested consideration of taking the agenda out of order. With no objection from Council, Item No. 18 was delayed and considered after Item No. 22. D116 19. Receive and file update regarding police oversight and recent outreach efforts (continued from August 29, 2017, Item No. 25). Deputy City Manager Greg Garcia presented details of the staff report, stating the item is a receive and file update regarding police oversight and recent outreach efforts that have been conducted by staff over the last several months. In 2014, the City established a two-year pilot Public Safety Board under the City Manager. Additionally, in 2014 when the board was established, the external auditor role was expanded. At the conclusion of the two-year pilot in 2016, the City conducted an evaluation of the Board utilizing an outside consultant, Joe Brann. A public report from Mr. Brann was issued and presented to Council with a number of recommendations. In March of this year, staff presented additional information to Council regarding potential options to expand the scope of the board. At that time, Council directed staff to conduct additional meetings with stakeholders before returning to Council with an update. Mr. Garcia reported since March 2017, staff has conducted a number of meetings with community members and various stakeholders, including public meetings where all interested community members were invited to participate and provide feedback. Staff has received feedback from the following groups: The Anaheim Community Coalition, American Civil Liberties Union of Southern California, Anaheim Poverty Task Force, Law Enforcement Accountability Network, OCCORD, Anaheim Police Association, and Anaheim Police Management Association. Sixteen meetings have been conducted from April to August, with two public community meetings held in June to receive feedback regarding police oversight. Mr. Garcia reported stakeholder's feedback was organized into categories, such as board membership composition, selection methodology, complaints/investigations, hiring decisions, as well as policy and procedure recommendations. Currently, the board was comprised of Anaheim residents who have no felonies or current/former law enforcement experience. Feedback indicated the interest in continuing to select Anaheim residents to serve on the board, include members who have been most affected by police practices, and to potentially expand membership to former law enforcement. With respect to the selection methodology, there was interest in continuing with a lottery process, as well as the creation of a selection panel. It was also expressed to broaden the scope of the board to allow members to receive complaints with the ability to review and investigate; hear and make formal judgements on all cases; have enhanced access to documents; and using tools, such as subpoena power. It was important to highlight some aspects of the requested scope would require additional legal review as they impact working conditions outlined in the Anaheim Police Association's MOU which could require the City to meet and confer to implement certain practices. There are also legal considerations in the Peace Officer Bill of Rights when considering subpoena power. Further, personnel records are protected under the California penal code. In regard to conducting independent investigations, there is a significant budget impact. Mr. Garcia stated staff was continuing to research practices with the goal to increase the Board's ability to receive critical information in a timely manner, along with authorizing the Board to play a more critical role in directing further follow-up or investigation into community complaints and incidents. City Council Minutes of September 12, 2017 Page 16 of 26 Mr. Garcia stated staff discussed with stakeholders the ability for the Board to have a role in certain personnel decisions, including discipline, hiring, and promotional decisions within the Police department. While there are certain legal limitations and challenges in this area, there are opportunities to involve the board on promotional opportunities. For example, Anaheim Police Department has several interview panels, including a panel comprised of community members, and there were opportunities for the Board to actively participate in hiring and promotional panels that directly impact important hiring decisions within the department. Regarding policy and procedure recommendations, some stakeholders have indicated a desire to unilaterally make changes to policies and procedures, which was problematic with the existing MOU, as a change in working conditions requires meet and confer; however, the board could be given the authority to make recommendations, including the authority to study systems and issue recommendations regarding hiring, recruitments and deployments. In addition, other components of the Board's scope that were discussed include public presentations to Council, annual reports, comprehensive board training, enhancing community engagement, and increased access to department data. Mr. Garcia noted, as the scope of the Board was being worked on, the OIR Group continued to conduct their work. The OIR Group's next public report and briefing to City Council was expected within the next 30-60 days. As mentioned previously, the Anaheim model is comprised of a Board and an external auditor, known as the OIR Group. The external auditor provides real time monitoring of critical incidents, review and report on closed cases on a quarterly basis, issues public reports, and provides recommendations to assist public safety with areas that may need reform. With regard to next steps, staff continued to research practices regarding increasing the scope of the board, with the overall goal of the increased scope to expand the Board's ability to receive critical information in a timely manner, as well as allowing the Board to play a more critical role in directing further follow up or investigation into community complaints and incidents. DISCUSSION: Mayor Tait confirmed the final report and staff recommendations would be presented to the City Council within sixty days. Council Member Kring questioned whether the committee should be responsible for hiring or promotions and expressed concerns with "including people that are most affected" and allowing them to make formal judgement on cases. She noted there were specific dynamics for testing and addressed the role of a panel. Additionally, she questioned the matter of "influencing APD policy" and wondered how regular citizens could do that. She stated she could not support these particular areas. Mr. Garcia stated the report simply outlined the input received from stakeholder groups. Council Member Kring opined that, on the surface, this sounded like the Police Department was being undermined and they have enough pressures to deal with currently. Mayor Tait reported this was a work in progress, noted similar practices in other cities, and stated the city was looking for independence and credibility and needed to refine the roll of the commission. Council Member Murray expressed concerns over some of the recommendations, including having members of the commission making deployment, hiring, or promotional decisions, and asked regarding next steps. Mr. Garcia reported staff recommendations could be presented to Council within the next sixty days as staff continued to work with stakeholders on both sides of the issue to get feedback and negotiate solutions. Council Member Murray requested information regarding the effect on crime by establishing similar commissions. City Council Minutes of September 12, 2017 Page 17 of 26 In reply to Council Member Moreno's question, Mr. Garcia confirmed the report would be presented to Council within sixty days and recommendations would subsequently be presented. Council Member Moreno asked that Council review the reports prior to deciding on the Public Safety Board. In response to Council Member Moreno's question regarding whether texting during Council meetings would violate the Brown Act, Acting City Attorney Kristin Pelletier stated the Brown Act would apply if there were discussions with most of the Council Members as information received within 72 hours of a meeting must be distributed. Mayor Tait confirmed Council has a policy of no texting during meetings. MOTION: Council Member Faessel moved to receive and file the update regarding police oversight and recent outreach efforts (continued from August 29, 2017, 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. D116 20. Appointment(s) to the Homeless Policy Working Group established by the City Council on June 20, 2017. DISCUSSION: Council Member Faessel reported there were three Council Members sitting on the Homeless Policy Working Group, which precluded him from participating pursuant to the Brown Act. He stressed the importance of having a representative from District 5 involved in the group, based on the effect the group may have on District 5 residents. Council Member Moreno stated he would abstain from the vote, noting the importance of respecting Council -approved processes, and commented on the creation of the working group first presented to Council on April 25 at which time Council Member Moreno stated he presented a list of recommended groups to participate as well as the three Council Members. He stated that thorough discussions regarding the creation and selection of members to the working group were held on April 25, May 22, and June 20. The opportunity to elect members and shift make-up of the working group has passed, and Council Member Moreno indicated it was unfair to the members of the working group who have already done a lot of work on the issue of homelessness. Council Member Faessel stated that he supported the work of the Homeless Policy Working Group, but that since its inception, the community of District 5 had not been represented in the working group, which has the most critical homeless issues in the community and requested a voice of District 5 on the working group. Council Member Moreno reiterated he would be abstaining to be consistent with his previous vote and encouraged Council to be consistent as well. He further stated that residents of District 5 have provided public comments to the working group and, if Council decides to approve Council Member Faessel's recommendations, that person will be fully welcomed into the group. Council Member Murray spoke in support of Council Member Faessel and stated Council should be able to adjust working groups without hostility, as appointing a new member would only add value to the work. Council Member Kring suggested Council Member Moreno switch out one of his colleagues to allow Council Member Faessel's recommendation, as District 5 was one of the most impacted areas and should have representation at meetings. City Council Minutes of September 12, 2017 Page 18 of 26 Council Member Moreno noted noted Mayor Pro Tern Vanderbilt served on the working group and represented the city at -large; thus representing residents of District 5. Mayor Tait noted it was difficult to add people to a working group along the way and the importance of following processes. The dynamic of the group changed when new members were brought in later in the process and Mayor Tait reported he would abstain from the vote. Council Member Faessel indicated he was not asking to swap places with one of his colleagues, but has a person in mind, who has already attended a few of the meetings. MOTION: Council Member Faessel nominated Kevin Sorkin, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 4: (Mayor Pro Tern Vanderbilt and Council Members Murray, Kring, and Faessel). NOES — 0. ABSTAIN — 3: (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 D116 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. Interim City Manager Linda Andal presented the staff report, with Police Chief Raul Quezada and Senior Assistant City Attorney David O'Barr, addressing Council requests, past and current efforts by the city, details of housing programs, Police Department programs and city partners, and efforts to resolve the jurisdictional complexities and challenges inherent with the County - owned and maintained flood channels both within and outside City limits. Ms. Andal highlighted current efforts such as Coming Home Anaheim introduced in 2013 to address the needs of the homelessness through a collaborative effort that brought together the resources of the City, local service providers and faith -based communities, which resulted in Bridges at Kraemer Place, a 24- hour homeless shelter facility and two check-in facilities. To address housing, in January 2014 the HAPP program was introduced to assist homeless families in the Anaheim school districts; 182 families were referred with 72 households being permanently placed. In October 2016, the Rockwood Apartments opened dedicating 48 of its 70 units to homeless families, now home to 145 children. Recognizing there was a need among homeless individuals, the CHIPP program, launched this year on June 1, focused on vulnerable individuals not eligible for the County's permanent housing program, thus filling a void in the network of homeless services. The CHIPP program provides a combination of stabilizing support services and rental assistance. In its short timeframe, 20 chronically ill homeless individuals have been engaged and at least two have been housed. The Diamond Apartments, housing for the chronically ill homeless, has 25 one to two bedroom units. In regards to homeless veterans, 20 vouchers have been specifically set aside for homeless veterans. Finally, a Resource Center located on Anaheim Blvd. was opened in July to enhance and consolidate homeless services, operated by Illumination Foundation. Ms. Andal reported that under the Police Department (APD) there were also many programs, highlighting a few: In November of 2013, the Homeless Outreach Team (HOT), consisting of three full-time officers, was formed to dedicate resources to reduce homelessness by finding long term supportive housing through outreach, communication, and multi -disciplinary, wrap- around services. Shortly thereafter in January 2014, the H.L.0 Program was created which trained patrol officers in the area of homelessness and social needs to provide for the gap when HOT officers were not available, thereby allowing for 24-hour needed resource services to the homeless community. Next the Psychological Emergency Response Team (PERT) was formed to City Council Minutes of September 12, 2017 Page 19 of 26 ensure a mental health clinician and two full-time officers ride together to respond to any calls related to mental illness. Finally, while returning our communities to their intended purposes as not always easy on those receiving a citation, the city, along with county prosecution, remain compassionate as APD successfully brought Homeless Court to Anaheim. The goal of the court is to remove the stresses of fines in exchange for completing hours of voluntary community service and completing concrete steps to move out of homelessness through a case manager. Individuals are linked to needed services, such as shelter programs, food bank services, government benefits, and medical and dental aide. At the end of their successful completion, charges and all outstanding fines and fees may be dismissed in recognition of their efforts. Additional services were provided through the city's partners: Illumination Foundations, CityNet, Taller San Jose Hope Builders, Mercy House, Grandma's House of Hope, and Pathways of Hope. Chief Quezada addressed the jurisdictional issues associated with the Santa Ana River Trail as well as other county areas within the City of Anaheim. He emphasized that enforcement was only one component of addressing crimes associated with homelessness; other resources including shelter, affordable housing, and jobs were continually offered to assist some of the most vulnerable community members. Significant progress has been made in terms of the department's ability to take enforcement on the riverbed and flood control areas throughout the city. To provide background and clarify misinformation, as well as highlight the jurisdictional complexities, Chief Quezada stated that on August 1, 2000, the County of Orange entered into a MOU with the Cities of Orange, Santa Ana, and Huntington Beach. The MOU stated in part "The Sheriff -Coroner is responsible for general law enforcement within the County of Orange including upon flood control channels and other property owned or maintained by the Orange County Flood Control District lying within the boundaries of the county. The police department of the cities are responsible for general law enforcement within the boundaries of their respective cities as derived from general laws and municipal charters. Property owned or maintained by the district lies within the boundaries of the cities. In many cases, the Sheriff -Coroner and the Police Department of the Cities share the concurrent jurisdictions". In 2000, the Anaheim Police Chief and City Manager, at that time, chose not to enter into this agreement. Chief Quezada stated that he does not have their reasons, but assumed liability and responsibility for this area played a role. He further stated the he has never been approached to enter into this MOU. Chief Quezada continued that on August 1, he met with Sheriff Barnes, Chief Kisela, and members of their respective Departments to discuss the jurisdiction and related issues surrounding the Santa Ana River Trail. During this meeting it was agreed to form a task force to address the criminal behavior on and around the river trail as well as the impacts to residents and businesses, with the Sheriff's Department as the lead agency. Numerous legal questions arose and a follow up meeting was scheduled for September 5th. On September 5th the group reconvened with new agencies added including the Fountain Valley and the Santa Ana Police Departments and the Orange County Fire Authority. Anaheim's Fire and Rescue will soon join the team, along with other County and City Departments. During this meeting, sub -committees were established each with specific tasks. The law enforcement committee would identify the appropriate deployment model which will include personnel scheduling, outreach with City Net, as well as ensuring other resources are made available including Orange County Mental Health and Orange County Health Agency. While the law enforcement team continues to develop its strategy, legal counsel from the various agencies met on September 8th, not on the 9th as indicated in the staff report. Orange County District Attorney Tony Rackauckas also participated in this meeting along with our Senior Assistant City Attorney Dave O'Barr. City Council Minutes of September 12, 2017 Page 20 of 26 Mr. O'Barr provided a summary of a recent meeting of the task force, including consideration of Anaheim Police Officers going into the riverbed area and citing individuals for violations of Orange County codes and of city officials' ability to prosecute those violations. He stated the city would not enforce any County ordinance without the permission of the District Attorney, which was granted after preliminary discussions. Chief Quezada shared a recent conversation he had with the county's District Attorney where he authorized the Anaheim Police Department's ability to enforce county codes. He reported he will return to Council to seek approval of an MOU with the county to strictly address enforcement authority, jurisdictional responsibilities, and not expose the City of Anaheim to undue liability. He noted that the Board of Supervisors authorized additional funds to support the Sheriff's Department as the lead agency in the task force, and that he will be assigning two Anaheim Police Officers to work with this group. He addressed that the City's current resources and partner agencies will also be made available to the task force, including Drug Free Anaheim. The Task Force is scheduled to begin its work on Friday, September 15th. Additionally, two officers will be assigned to the Homeless Outreach Team, whose duties will include riverbed patrol to supplement the task force. Lastly, Chief Quezada addressed the need to deal with homeless encampments, threats to public safety, and addressing public safety threats with compassion and concern for the dignity of those involved. He displayed videos of Police Department efforts in homeless encampments. Ms. Andal addressed upcoming programs and changes and offered steps being taken to address concerns voiced by Council Members. She commented on the importance of keeping the community safe and remaining compassionate as human needs were addressed. DISCUSSION: Mayor Tait reported on the success of the Coming Home Anaheim program which was modelled after a program in Albuquerque, New Mexico. He addressed collaboration with CityNet and other agencies and thanked the community for its efforts in battling homelessness. He expressed concern regarding legal constraints. Acting City Attorney Kristin Pelletier reported on a Ninth Circuit Court decision in Los Angeles vs. Jones relative to an ordinance prohibiting sleeping on public property which the Ninth Circuit struck down on 811 Amendment grounds. The case was subsequently settled and the opinion vacated, which has been followed by some courts and not followed by others. She stated that is why the city has a training bulletin that noted the need to find housing and services first, which was the prudent and right thing to do, before taking enforcement actions. She commented on issues with injunctions and the city's ordinance relative to the taking of property. In this case, rather than being an 8th Amendment analysis, it as a due -process analysis and the judge issued an injunction applying conditions to taking the property of those on the riverbed. The judge required that medications and personal identification documents not be moved more than one mile away and that the process for retrieving property be made easier. Council Member Murray asked regarding shelters and the city's agreements with the school sistricts and Ms. Andal stated her presentation addressed highlights and no organizations were intentionally left out. Council Member Murray noted the importance of the city's actions relative to the Kraemer shelter. Council Member Murray reported Council was engaged in doing comprehensive work relative to homelessness and spoke positively regarding the county's collaboration. She noted encampments have grown in a small amount of time despite the city's and county's efforts and Council will need to generate immediate and long-term solutions. She asked that staff include her in consideration of jurisdictional issues. City Council Minutes of September 12, 2017 Page 21 of 26 Council Member Faessel thanked CityNet for their efforts, commended the Mayor for the Coming Home Anaheim program, thanked Chief Quezada in collaborating with the Sheriffs Department, hoped action will be taken, and thanked Supervisor Spitzer for his efforts. Council Member Kring commented on requirements relative to the property -seizure ordinance, noting previous incidents where homeless individuals were given 90 days to pick up their property, but never showed up. She reported when police patrol parks after hours, homeless individuals were cited and Code Enforcement placed their property in storage, but that much of the property was soiled and thrown away. She commended CityNet for their work with the homeless. Chief Quezada clarified when an individual was arrested at a park, the property was seized and booked. Council Member Moreno asked regarding the current waiting list for vouchers and Ms. Andal reported it was 30,000. Community Development/Housing Authority Deputy Director Grace Stepter reported preference was given to veterans and people who live and work in Anaheim, but anyone is eligible to apply to be on the waiting list. She addressed shortage of funding and reported no one was currently being accepted into the Section 8 program, but listed other programs available through the city. The waiting time for people qualifying under priority is six -to - eight years. For homeless residents, those who have a connection with Anaheim were prioritized and Ms. Stepter commented on other programs dealing with chronically homeless individuals. Council Member Moreno asked whether there was a plan to increase the city's budget to deal with homelessness. In reply to his question, Chief Quezada reported there will be an impact on the police force by moving resources to enforce ordinances on the riverbed. He added there has been no agreement to have the county reimburse the city for its use of the Anaheim Police Officers to enforce county property. Council Member Moreno asked that be negotiated, as part of the MOU. Mr. O'Barr reported the Sheriffs Department tried to reduce the area they had to patrol and it made sense for them to have local police enforce those areas. Chief Quezada reported the area adjacent to Harbor Blvd./91 Freeway was state property and the city was addressing it with Caltrans and the Highway Patrol. Council Member Kring commented on Disney reimbursing the city for police services. MOTION: Mayor Tait moved to receive and file the 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, 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. D116 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. City Council Minutes of September 12, 2017 Page 22 of 26 Council Member Murray introduced the item, addressed current efforts to deal with homelessness, and noted collaboration with the county and other agencies. As the issue has increased substantially in the community, she believed they could not rely on the county for help. She addressed community voices, stressed the importance of taking steps now, and provided details of the proposed Operation Home Safe program. Council Member Murray noted the need to continue to integrate what the city does with the county's efforts and addressed the plan of action. She reported the plan was a working document and could be amended but can provide the necessary, immediate support. DISCUSSION: Council Member Barnes noted the need to work in collaboration with other agencies. Council Member Kring expressed support for the item and reported the city has asked the Board of Supervisors, repeatedly, to allocate money for shelters for people who are addicted. She urged residents to call their state representatives to let them know their opinion regarding increasing the number of affordable homes available in the city. She shared stories of various homeless individuals and incidents in the city and noted the frustration of many businesses. She suggested locations for other facilities, including mental health services and drug addiction. Council Member Faessel highlighted components of the proposed program and commented positively on working together with the county and other cities. He spoke in favor of the program and urged Council to support it. Mayor Tait acknowledged Council's work on the issue of homelessness, noting the working group and the proposed policy were not mutually exclusive. He noted a sense of urgency in relation to this matter. Council Member Murray noted it was a citywide problem and stressed being nimble with the policy, so the city can be immediately responsive. Mayor Tait stated this was a good starting point and noted the need for funding. Council Member Murray pledged to seek out every available source of funding to implement the program, if the item was adopted. Mayor Pro Tem Vanderbilt acknowledged Supervisor Spitzer's comments and offered amendments to the resolution and Council Member Murray noted her acceptance. Acting City Attorney Kristin Pelletier read proposed language for amending the resolution as suggested by Members of Council. She stated staff and her office would make sure the resolution follows federal and state laws. Council Member Barnes commented on having a single point of contact, noting the county has Susan Price, but felt the city should also have a single point of contact. Mayor Tait suggested that person be appointed by the City Manager's Office. Council Member Moreno acknowledged a distinction between the proposed policy and the Homeless Working Group and commented on the possibility of having Kristine Ridge being the city's homeless czar. Mayor Tait encouraged Interim City Manager Linda Andal to take Ms. Ridge into consideration as she decided who would be the city's homeless czar. City Council Minutes of September 12, 2017 Page 23 of 26 Council Member Kring expressed concern that Ms. Ridge had a lot of responsibilities already and noted the need to have her feel comfortable and well -supported. Council Member Moreno stated this was a temporary fix and voiced support for the item. In response to his inquiry, Ms. Andal reported an emergency meeting has not yet been scheduled, but the city was working with the county and other cities to discuss support and partnership. Council Member Moreno noted jurisdictional challenges were already being addressed as was working with the county to expedite the availability of an additional 100 beds at the shelter. He listed other provisions already in progress and asked regarding the cost of Operation Home Safe. Staff responded it was a moving target, as the city would collaborate with the county and other cities and agencies, with much of the funding hopefully coming from the county. Chief Quezada reported his department had requested additional staffing and clinicians to assist with social services. Council Member Moreno stated he understood it was not good to have huge shelters in terms of transitioning people and serving them well. Brad Fieldhouse, Executive Director, CityNet, suggested two considerations, including if the city had a location that could accommodate 500 people and whether there was enough space to be functional and do due diligence. Council Member Murray stated a 500 -bed shelter was not an absolute but a discussion point. Council Member Moreno restated his question and Mr. Fieldhouse, indicated smaller facilities would be better than larger facilities, but it depended on the resources available and, ideally, it would be better to decentralize smaller facilities. Council Member Moreno reviewed each element of the plan, addressed the existence of the Homeless Collaborative, and suggested asking them to focus on the riverbed. He noted the structure was already there, commented on enforcement, and agreed with plans to waive fees to incentivize developers to build affordable housing. However, he stated the need to have land where developers could build affordable housing and opined this item coordinated everything the city was already doing. He expressed concerns with funding and offered amendments to the resolution to include four WHEREAS clauses in the recital and additional resolutions to address funding. Council Member Murray stated the resolution had a lot of input and the plan was brought forward to have express and immediate action with Council pulling together. She stated she did not accept Council Member Moreno's amendments and suggested he could address his concerns by bringing back a Homeless Working Group resolution. She urged her Council colleagues to support the program and called for the question. Council Member Kring agreed with Council Member Murray's comments, addressed jurisdictional challenges, and renegotiating with corporate partners. She called for the question. Council Member Murray stated she would accept inclusion of the four WHEREAS clauses in the recital, but not the additional resolutions involving funding. Council Member Kring reported the county has the money to resolve many of these issues 8105 City Council Minutes of September 12, 2017 Page 24 of 26 MOTION: Council Member Murray moved to approve 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 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, 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. Item No. 18 was considered at this juncture. Council Member Barnes left the meeting at 12:35 A.M. 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, who were unanimously appointed, with no objection. Mayor Tait nominated Isabel Hernandez, who was unanimously appointed, with no objection. 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: District 4 appointment: District 5 appointment: District 3 appointment: At large appointment: (December 31, 2020) (December 31, 2020) (December 31, 2020) (December 31, 2018) (December 31, 2018) City Council Minutes of September 12, 2017 Page 25 of 26 At large appointment: (December 31, 2018) At large appointment: (December 31, 2018) D114 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. With no objection from Council, Mayor Tait continued Item No. 23 to September 26, 2017. REPORT ON CLOSED SESSION ACTIONS: None 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 A.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 discussions; 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; announced 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 22"d, 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 231d. 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. City Council Minutes of September 12, 2017 Page 26 of 26 ADJOURNMENT: With no further business before the City Council, and without objection, Mayor Tait adjourned the meeting of September 12, 2017 at 12:48 A.M. on September 13, 2017, in memory of Mary Hibbard and the victims of the recent hurricanes and earthquake. Respectf itted, Theresa Bass, MC Acting City Clerk