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10/24/2017ANAHEIM CIN COUNCIL REGULAR MEETING OF OCTOBER 24, 2017 The regular meeting of October 24, 2017 was called to order at 3:33 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on October 20, 2017. PRESENT: Mayor Pro Tem James Vanderbilt and Council Members: Kris Murray, Denise Barnes, Lucille Kring, and Stephen Faessel. Mayor Tom Tait and Council Member Jose F. Moreno joined the meeting during Closed Session. STAFF PRESENT: Interim City Manager Linda Andal, Acting City Attorney Kristin Pelletier, and Acting City Clerk Theresa Bass ADDITIONSIDELETIONS TO CLOSED SESSION: Acting City Attorney Kristin Pelletier announced Item Nos. 4 and 5 pertained to tort claims filed by Raul Quezada and Dan Cahill, respectively. Additionally, she reported Item No. 4 was withdrawn from the agenda. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 3:34 P.M., Mayor Pro Tem Vanderbilt 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: Kevin Duprie Jones v. City of Anaheim, et al., Orange County Superior Court Case No. 8:16-cv-02152 DOC (JCGx) 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Estate of Manuel Diaz v. City of Anaheim et al. Case No. SACV12-01897 JVS 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Ashlee Elizabeth Palmer, an individual, on behalf of herself and all others similarly situated v. City of Anaheim, et al., Orange County Superior Court Case No. 30- 2017 -00938646 -CU -J R-CXC 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: One potential case. 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: One potential case. 6. PUBLIC EMPLOYMENT APPOINTMENT (Section 54957(b)(1) of the California Government Code) Position: City Attorney City Council Minutes of October 24, 2017 Page 2 of 24 7. 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: Anaheim Firefighters Association (AFA) At 5:12 P.M., the Council session was reconvened. INVOCATION: Pastor Mark Bove, Calvary Chapel Anaheim FLAG SALUTE: Council Member Denise Barnes PRESENTATIONS: Recognizing Sylvia Mendez to honor the 70th Anniversary of the landmark case, Mendez v. Westminster Mayor Tait recognized Sylvia Mendez in honor of the 70th Anniversary of the landmark case, Mendez v. Westminster, which set a precedent for desegregation of schools nationwide. He noted Ms. Mendez was a recipient of the Presidential Medal of Freedom for her activism. Sylvia Mendez thanked the City for the recognition and provided a brief history of the case, noting California was the first state to be integrated. She indicated the recognition inspires her to continue her work talking to students about the importance of education. Recognizing individuals and families affected by the Mexican Repatriation program Mayor Tait recognized individuals and families affected by the Mexican Repatriation program Dr. Marla Ramirez, Assistant Professor, San Francisco State University, addressed the Mexican Repatriation program and spoke regarding the importance of learning our history to avoid mistakes of the past. Guadalupe Espinosa spoke about her family's experience under the program and thanked the City for the recognition. Council Member Murray reported her aide, Arianna Barrios, is the granddaughter of Cruz Barrios, who hosted community meetings to bring families together, spoke on behalf of the Mendez family before the Westminster School Board, and founded the first California chapter of LULAC. Mayor Tait acknowledged attending members of Anaheim LULAC and thanked them for the good work they do in the community. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming November 2017, as American Diabetes Month Proclaiming November 2017, as Native American Heritage Month Proclaiming November 2017, as Orange County Grand Jury Awareness Month Proclaiming November 2017, as Pancreatic Cancer Awareness Month Proclaiming November 2017, as Purple Heart Month City Council Minutes of October 24, 2017 Page 3 of 24 On behalf of the VFW Post 3173, Michael Lynn recognized attending members, accepted the proclamation designating November 2017 as Purple Heart Month, and thanked the City for the acknowledgement. He announced the VFW Post was having an open house on Veterans Day and invited Council to attend. Mayor Tait thanked all Purple Heart recipients and their families and commented positively on the work done by the VFW for the Anaheim community. Proclaiming November 2017, as Be Kind America Month Proclaiming November 1, 2017, as Extra Mile Day ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS fall agenda items): Prior to receipt of public comments, a brief decorum statement was provided by Acting City Clerk Theresa Bass. Cecil Jordan Corkern, Outreach Homeless Ministries, read a passage from the Bible, reported that Disney was in trouble with employees, commented on the construction of Star Wars Land in Disneyland, and stated Disney was issuing subliminal messages. R. Joshua Collins, Homeless Advocates for Christ, read a passage from the Bible, shared recent incidents of concern involving the homeless, and feared that unless laws are changed, the Police would continue to treat the homeless as criminals. He opined offering the homeless housing first would be economically beneficial to the City's taxpayers Kevin Curtis, General Manager, Rainforest Cafe, reported Anaheim was just voted number 2 for the best winter family vacation destination in the world. He thanked the City for its support, commented on the amenities and criteria considered in the ranking, and expressed pride in the City. William Fitzgerald, Home Owners Maintaining Our Environment, commented on the recent Canyon fire and the Fire Department's response to it, alleging the City failed to respond appropriately and that the City was financially responsible for the losses. He opined, by not reporting the facts, City Council committed a felony by participating in a coverup. John Dunton reported on a recent fatality of a Cypress Police Officer and thanked Council Member Faessel for his efforts for the Cypress Police Department and the Officer's family. Additionally, he reported being in Las Vegas after the recent shooting and commented on the number of floral wreaths distributed, including one from the Anaheim Fire Department. On behalf of the victims and the Las Vegas Police Department, he thanked the Anaheim Police and Fire Departments for their responses and noted the Police Officer who died, died a hero, saving lives. Adam Wood, Building Industry Association Orange County, addressed the organization's mission, referenced Item No. 25, and opined inclusionary zoning was an added regulatory hurdle for creating a new tax on home development which was in contradiction to solving the issue of creating more affordable housing units. Adding that cost will slow the production of homes at a time when there is a high shortage of housing. He urged Council to consider the housing futures initiative offering alternatives to inclusionary policies. In response to Council Member Moreno's inquiry, Mr. Wood reported the association was made up of home builders. City Council Minutes of October 24, 2017 Page 4 of 24 Rosaisela Lopez spoke in favor of the City helping working-class residents to have an affordable place for them to rent or own. She reported she has observed multiple families living in two- or three-bedroom apartments and noted it has become increasingly difficult for people to live in Anaheim. Mark R. Daniels commented positively on Council's proclamation recognizing Sylvia Mendez and honoring the 70th Anniversary of the landmark case, Mendez v. Westminster. He spoke in favor of Nancy West's plan, Al Fresco Gardens, in addressing the homeless issue in the City. He addressed her qualifications and presented examples of successful projects completed with little or no experience. Wes Jones referenced a development on Anaheim Boulevard, south of Water Street, and expressed concerns regarding parking, noting it will negatively impact the neighborhood. He added the formula used to determine parking requirements was not adequate and does not consider adult children living with parents. He addressed the Mercy House contract and suggested the need to renegotiate it. Additionally, he commented on the financing of the Home Safe program and urged Council to approve it. Peter Herzog, NAIOP, SoCal, a Commercial Real Estate Development Association, referenced Item No. 25 relative to the concept of a linkage fee, and noted costs have gotten too high. He stated the linkage fee would add a new cost to housing, would make the shortage of housing worse, and does not address the underlying problem of the need to lower the cost of housing. He urged Council to deny the matter and not penalize small businesses. Tamara Jimenez, Anaheim Lighthouse, thanked Council, the Anaheim Police Department, and the Anaheim Fire Department for their good work and spoke in favor of Items No. 15, 23, and 25, as well as in support of Al Fresco Gardens. Additionally, she opposed Item No. 16 and suggested maintaining existing services until a better solution can be found. She addressed new "no parking" signs along Rampart and stated it hurts service providers. Joese Hernandez, OCCORD, spoke in support of the City developing a comprehensive plan to the current housing crisis. He referenced an article in the Orange County Register showing that in 2019, rents in Orange County will go up to $2,200 and stated that entire communities will be displaced as a result. He encouraged the City to consider alternative methods to address the housing issue and commented on the benefits of affordable housing done through community land trusts. He stressed affordable housing must be done the right way and must be used as a tool to fight gentrification, not facilitate it. David Duran spoke regarding homelessness in Anaheim and people who need Council's support and empathy. He urged Council to move forward to do what is right for fellow human beings. "The Penguin" spoke regarding Police Chief Raul Quezada, made allegations about potential fraud, and stated he had obtained information, from a confidential source, that Chief Quezada will be receiving over $800,000 as part of his retirement. He addressed the current state of the Police Department, questioned the Chief's actions in addressing conditions, and commented on a police report filed against Chief Quezada for which he has received no repercussions. He suggested Council do its research and hire a new chief. Trevor O'Neil spoke regarding Item No. 25, noting the path to making housing more affordable was not through government mandates. He added inclusionary ordinances and linkage fees may reduce housing prices or rents of certain units, but not without costs. He opined the construction of affordable housing by private developers should be incentive -based and made economically feasible. He noted there were already rules addressing incentives and felt there should be more. He stressed the affordability problem was due to a lack of housing supply and the City should do City Council Minutes of October 24, 2017 Page 5 of 24 everything it can to increase that supply by reducing construction costs. He suggested finding ways to reduce costs and stimulate development. Lou Noble agreed with the need for more affordable housing and rent control. Mr. Noble referenced Item No. 16 and hoped Council would select another vendor to address homelessness. He shared the case of a young, homeless couple who have challenges obtaining services because they are not married and would be separated. Jeanine Robbins addressed Item No. 25, noting she would have rather seen it as an action item rather than on the Consent Calendar noting lack of affordable housing was the number two reason of homelessness, lack of a livable wage was number one, and she urged Council to consider Disney in this regard. She opined the City of Anaheim has declared war on the homeless population and listed actions taken in support of her assertion. She addressed posting "no parking" signs on Rampart and spoke in opposition to Item No. 16, stating Council should not cut homeless services and redirect the money to an unknown source and suggested modifying the existing hours of operation or amend the terms of the contract. She alleged the City cares more about dogs than people and commented on money designated for the La Palma Dog Park. Council Member Kring noted the dog park did not open until three years ago and had nothing to do with the homeless, but with dog owners wanting a dog park to socialize their animals. Mike Robbins commented on statistics provided by the public regarding the homeless and stated some residents and Council members fail to understand the severity of homelessness in Orange County. He urged Council to move forward rather than backwards, not close facilities, and act responsibly. Linda Lehnkering, Anaheim Poverty Task Force, referenced Item No. 16 and asked Council to reconsider any proposed changes to the operation of Mercy Center. She opined when the riverbed was cleared out, many homeless will return to Mercy Center and suggested reducing the hours of service. She spoke in support of Items No. 22 and 25, and relative to the latter, their preference was to use inclusionary zoning. Bryan Kaye commented on communications with staff and alleged a previous incident with a Police Officer regarding a broken leg, derogatory text messages, and use of IEDs to intimidate him. He shared the story of a cousin who was injured in Afghanistan by an IED and listed the names of citizens who were killed by the Anaheim Police Department. COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Faessel requested an update within 30 days on joint field use at the Trident, Sycamore, and South campuses with the Anaheim Union High School District (AUHSD). Mayor Pro Tem Vanderbilt requested an update on joint revenue arrangements with AUHSD regarding disposition of Successor Agency properties. Council Member Moreno responded to public comments about Council staff and requested an update on Short -Term Rentals, including hardship applications. Council Member Kring responded to public comments about Council staff and requested a recognition at the second November meeting for the parents of Palm Lane Elementary. Council Member Murray requested consideration of the County's TINCUP ordinance and additional transparency measures by the end of 2017. City Council Minutes of October 24, 2017 Page 6 of 24 Council Member Barnes requested updates on security in parks and the quality of renovated park bathrooms. Mayor Tait responded to public comments about Council staff. CITY MANAGER'S UPDATE: None CONSENT CALENDAR: At 6:43 P.M., the Consent Calendar was considered with Mayor Tait declaring a conflict of interest on Items No. 08 and 14, noting his firm worked for the County of Orange. In addition, he removed Item No. 15 from the Consent Calendar for further discussion; Council Member Murray removed Items No. 08, 14 and 15; Council Member Barnes removed Item No. 16; and Council Member Moreno declared a conflict on Item No. 14 and removed Item No. 21 for separate discussion and consideration. At the request of Mayor Pro Tem Vanderbilt, consideration of Item No. 01 was postponed until after discussion of Item No. 27. 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 Faessel. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried. D117 2. Approve the Investment Portfolio Report for September 2017. AGR- 3. Award the contract to the lowest responsible bidder, Pub Construction, Inc., in the amount 10800 of $4,965,000, for the Anaheim Coves Northern Extension Phase II project, authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions and increase the Community Services Department budget by $3,500,000 to cover costs for all construction, design, survey, inspection, permits and contract administration services. 4. Award the contract to the lowest responsible bidder, JRH Construction, Inc., in the amount AGR- of $1,044,234, for the Voluntary Seismic Upgrades project to the City Hall Tower, 10801 determine the project is exempt from the California Environmental Quality Act pursuant to Section 15301 of Title 14 of the California Code of Regulations and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 5. Award the contract to the lowest responsible bidder, BC Traffic, in the amount of AGR- $100,061.50, for the ARTIC to West Anaheim Bikeway Connector project, determine the 10802 project is categorically exempt under the California Environmental Quality Act and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 6. Accept the bid of ConvergeOne, in the amount of $158,850.97 plus applicable tax, for the D180 purchase of network equipment and maintenance at Ponderosa Park, Anaheim Police Department's East Station, Geographic Information Systems office, and Community Development's Housing Intake and Resource Centers, and authorize the Purchasing Agent to execute a Purchase Order in accordance with Bid #9017. City Council Minutes of October 24, 2017 Page 7 of 24 D180 7. Accept the proposal of Western Audio Visual, in the amount of $153,921.08, for the installation and programming of an audio/visual system in the Council Chambers, including two years of maintenance with up to three one-year optional renewals and authorize the Purchasing Agent to execute the Purchase Order and exercise the renewal options in accordance with RFP #104 -CC -07/07/2017. AGR- 9. Approve an agreement with Orange Unified School District for use of the Canyon High 2480.A School pool for summer swim lessons for a five-year period. D175 10. Determine that the following four Federal Highway Safety Improvement Program (HSIP) grant projects are categorically exempt from further environmental review under the California Environmental Quality Act pursuant to Class 1, Section 15301 (Existing Facilities) and Class 2, Section 15302 (Replacement or Reconstruction) of Title 14 of the California Code of Regulations: Katella Avenue and Douglass Road Traffic Signal Modification project, Euclid/Glenoaks Median Island and Signal Modifications project, Pedestrian Crossing Signal Head Replacement project, and Guardrail Replacement project; authorize the Director of Public Works, or designee, to enter into, execute and take the necessary actions to implement and administer agreements, and any related documents, with Caltrans for the acceptance of three awarded HSIP Cycle 8 grants, in the total amount of $1,967,010 with a local match of $124,290, for a median island, traffic signal modifications, pedestrian crossing signal head replacement, and guardrail replacement; and increase the Department of Public Works Fiscal Year 2017/18 revenue and expenditure budget by $1,967,010. AGR- 11. Approve the Final Map and Subdivision Agreement of Tract No. 17858 with Magnolia 10786.1 Cerritos 53, LLC for the establishment of a 25 -lot residential subdivision on a 2.4 -acre site located at 420-440 Magnolia Avenue. AGR- 12. Approve the Final Map and Subdivision Agreement of Tract No. 17994 with TH Lewis 10804 Venture, LLC for the establishment of a 153 -unit attached single family development on a 7.717 -acre site located at 1700 S. Lewis Street. 13. Approve Amendment No. 7 to Cooperative Agreement No. C-9-0413 with the Orange AGR- County Transportation Authority (OCTA), in the amount of $120,000, for reimbursement of 5742.7 increased staff overhead funding for traffic engineering services, police services, and project support services and a 12 month extension of the agreement to allow for the completion of final accounting with OCTA for the Railroad Grade Separation Projects at Kraemer Boulevard, Tustin Avenue, Orangethorpe Avenue, and Lakeview Avenue; and increase revenue and expenditure appropriations in the Public Works Fiscal Year 2017/18 budget by $120,000. 17. RESOLUTION NO. 2017-151 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. 11863, 12165, 12167) (public right-of-way for current and future public purposes). City Council Minutes of October 24, 2017 Page 8 of 24 R100 18. RESOLUTION NO. 2017-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the 2017/2018 Department of Alcoholic Beverage Control Grant Program from the Office of Traffic Safety through the National Highway Traffic Safety Administration, authorizing and directing the Anaheim Police Chief to execute all required grant documents, and amending the Police Department budget for Fiscal Year 2017/2018 accordingly ($25,000 in grant funds). T105 19. RESOLUTION NO. 2017-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM of intention to annex territory to City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle) and to authorize the levy of special taxes therein (Public hearing scheduled for December 5, 2017). D154 20. RESOLUTION NO. 2017-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-093, which established rates of compensation for classifications designated as Administrative Management. RESOLUTION NO. 2017-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-094, which established rates of compensation for classifications designated as Middle Management. RESOLUTION NO. 2017-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-096, which established rates of compensation for classifications designated as Supervisory Management. RESOLUTION NO. 2017-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2014-095, which established rates of compensation for classifications designated as Professional Management. Approve the establishment of a special leave bank for unrepresented Management and Confidential units. END OF CONSENT CALENDAR 7:36 P.M. AGR- 8. Accept an award of funds by the County of Orange Board of Supervisors, approve an 10803 agreement with County of Orange for the provision of regional workforce services for the term of July 1, 2017 to June 30, 2018, authorize the Interim City Manager to execute and the Interim Workforce Development Manager, or authorized representative, to administer the agreement, and amend the Community and Economic Development Department's budget for Fiscal Year 2017/18 by $275,000. Mayor Tait declared a potential conflict of interest and left the dais at 6:49 P.M. Housing Programs Manager Grace Ruiz-Stepter presented the staff report addressing the agreement between Orange County and Anaheim for the provision of regional workforce services, term of the contract, amount of the contract, and introduced Luz Flores, Interim Workforce Development Manager, and deferred to her for a brief report. City Council Minutes of October 24, 2017 Page 9 of 24 Luz Flores reported their division provides services to job -seekers and industries and studies how industry cluster collaboration can be enhanced. DISCUSSION: Council Member Murray expressed her appreciation for the efforts of Workforce Development and asked whether the Santiago Community College District was included. Ms. Flores reported all County colleges were included. MOTION: Council Member Murray moved to accept an award of funds by the County of Orange Board of Supervisors, approve an agreement with County of Orange for the provision of regional workforce services for the term of July 1, 2017 to June 30, 2018, authorize the Interim City Manager to execute and the Interim Workforce Development Manager, or authorized representative, to administer the agreement, and amend the Community and Economic Development Department's budget for Fiscal Year 2017/18 by $275,000, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 6: (Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. ABSTAIN — 1: (Mayor Tait). Motion carried. AGR - 10172.1 14. Approve the Memoranda of Understanding Phase II by and between the City of Anaheim, AGR- the Anaheim Workforce Development Board, and one-stop delivery system partners,10173.1 AGR- which include California Employment Development Department, California Employment 10176.1 Development Department Unemployment Insurance, North Orange Continuing Education AGR- NOCCCD, SER Jobs for Progress Inc., Anaheim Housing Authority, Orange Count 10177.1 9 9 Y� 9 Y AGR- Social Services Agency, and California Department of Rehabilitation outlining the 10178.1 operation of the one-stop delivery system that provides access to a full range of AGR- p� employment services for a term to expire on Au ust 31, 2020. 10180.1g AGR - 10181.1 Mayor Tait remained off the dais and Council Member Moreno declared a potential conflict of interest and left the dais at 6:53 P.M. DISCUSSION: Council Member Murray reported Santiago Community College and others were not listed and asked for clarification. Luz Flores, Interim Workforce Development Manager, explained this was a partnership with the Anaheim Jobs Workforce Development Board and since the North Orange County Community College District was in Anaheim, they will be on-site as part of their one-stop system. They have collaboration and partnerships with all Orange County Community Colleges, but for now, they will have a staff person at the Workforce office. Council Member Barnes invited the Workforce Center to attend district meetings, held quarterly, as a resource for the community. MOTION: Council Member Murray moved to approve the Memoranda of Understanding Phase II by and between the City of Anaheim, the Anaheim Workforce Development Board, and one-stop delivery system partners, which include California Employment Development Department, California Employment Development Department Unemployment Insurance, North Orange Continuing Education NOCCCD, SER Jobs for Progress Inc., Anaheim Housing Authority, Orange County Social Services Agency, and California Department of Rehabilitation outlining the operation of the one-stop delivery system that provides access to a full range of employment services for a term to expire on August 31, 2020, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 5: Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Kring, and Faessel). NOES — 0. ABSTAIN — 2: (Mayor Tait and Council Member Moreno). Motion carried. City Council Minutes of October 24, 2017 Page 10 of 24 Mayor Tait and Council Member Moreno returned to the Chamber and took their places on the dais at 6:56 P.M. AGR- 15. Approve an agreement with JMH-Anaheim Foundation, Inc. dba Love Anaheim for the 10805 Better Way Anaheim project to coordinate resources, bridge organizations and develop a model to provide homeless participants with service projects for a six month pilot period, in an amount not to exceed $30,000, with an option to renew for three one-year terms, in an amount not to exceed $70,000 each year thereafter, for a total not to exceed amount of $240,000; authorize the Purchasing Agent to waive Administrative Regulation 425, "City Property" and donate surplus City equipment No. 1231, a 1999 Dodge Caravan, to Love Anaheim for use in Better Way Anaheim; and authorize Interim City Manager, or designee, to execute and administer the agreement and any optional renewals under the terms and conditions of the agreement. Mayor Tait explained the item, noting benefits to homeless residents and the City and deferred to staff for a report. Assistant City Manager Kristine Ridge presented the staff report, addressing the agreement with Love Anaheim, including authorization for the donation of a van, and staff authorization to execute and administer the agreement. She presented details of the Better Way Anaheim program, information regarding the Love Anaheim organization, and provided a program overview. She noted the attendance of Nathan Zug of Love Anaheim. DISCUSSION: Mayor Tait acknowledged and thanked Nathan Zug for his work. Council Member Murray thanked Mayor Tait, staff, and Love Anaheim for bringing the program forward. She suggested approaching homeless or at -risk youth with internship opportunities. Mayor Pro Tem Vanderbilt reported the City recently opened the Service Center on Anaheim Boulevard and asked whether the program will be accessible through that center. Ms. Ridge reported the Service Center was operated by Illumination Foundation which provides services to a specific segment of homeless people. She added Illumination Foundation is a member of the collaborative and would be able to refer qualifying individuals to the Better Way Anaheim program. Ms. Ridge reported staff hopes to advertise the program using the van wrap and the website. MOTION: Mayor Tait moved approve an agreement with JMH-Anaheim Foundation, Inc. dba Love Anaheim for the Better Way Anaheim project to coordinate resources, bridge organizations and develop a model to provide homeless participants with service projects for a six month pilot period, in an amount not to exceed $30,000, with an option to renew for three one-year terms, in an amount not to exceed $70,000 each year thereafter, for a total not to exceed amount of $240,000; authorize the Purchasing Agent to waive Administrative Regulation 425, "City Property" and donate surplus City equipment No. 1231, a 1999 Dodge Caravan, to Love Anaheim for use in Better Way Anaheim; and authorize Interim City Manager, or designee, to execute and administer the agreement and any optional renewals under the terms and conditions of the agreement, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Kring, Moreno, and Faessel). NOES — 0. Motion carried. 4G R - 7741.A 16. Approve the termination of the Agreement with Mercy House for operation of the La Palma Check-in Center located at 1122 N. La Palma Parkway which provided outreach and storage of personal belongings to transient and homeless persons at La Palma Park City Council Minutes of October 24, 2017 Page 11 of 24 and the immediate vicinity and authorize the Director of Community Services, or his designee, to execute the termination letter and take any and all actions related to termination of the Agreement. Community Services Director Brent Dennis presented the staff report, addressing the agreement with Mercy House, the need to realign resources, and recommendations. DISCUSSION: In response to Council Member Barnes's request, Mr. Dennis addressed the menu of services provided by Mercy House, noting its primary purpose was for temporary storage and mirrors services provided by CityNet. He added, through Mercy House, people could connect with needed services. Mercy House has been doing an excellent job providing the services set forth in the agreement. Council Member Barnes noted the services they provide are vital and stated she does not want to see them taken away and suggested continuing the agreement, even for a season. She stressed the City should not put all its eggs in one basket. Assistant City Manager Kristine Ridge reported the City will keep a transitional storage center at the site. She reported changes since 2013 and reported the facility will be scaled down, but will still include a storage facility, accessible by appointment. She added there are three different storage facilities throughout the City. Ms. Ridge reported armories will open on November 16th, and Mercy House operates and does intake at the armories. However, that is no longer the largest concentration of homeless population and there is a greater urgency to get individuals out of the flood control areas during the winter months. She stated the City was contemplating moving the pickup location for the armory, as well. In response to Council Member Barnes's inquiry, Ms. Ridge addressed the budget for the item. Council Member Barnes indicated she would like to "beef up" any and all helpful projects in the City and spoke against diminishing any of the City's resources. Council Member Faessel requested clarification and Ms. Ridge reported the services available will be scaled down, but the storage facility will remain with access by appointment only and staffed by volunteers. Council Member Faessel acknowledged the public's desire to continue the facility and confirmed the proposed changes are because the level of need has changed. Council Member Moreno agreed with Council Members Barnes and Faessel and expressed concern that access will be by appointment only. He suggested having two hours of staffing and have an appointment -only system. He requested additional information in terms of how many people have been served, how many people exited, and understood many homeless individuals at La Palma Park were moved to the riverbed. He stated he would prefer to reduce services, but no eliminate them completely. He spoke in favor of greater accessibility to property that has been confiscated from the homeless. Mayor Tait reported Council was uncomfortable with the idea of cancelling the contract and spoke in support of setting specific times for homeless individuals to collect their property. He indicated he appreciated staff being more efficient but suggested continuing the item to a later date to address some of the concerns voiced. Council Member Kring asked whether the CityNet site on the west side has set hours, to which Ms. Ridge reported they were by appointment only, but were very responsive to calls. Mercy House currently has set hours at the La Palma check-in facility and they operate the Bridges at Kraemer as well. Council Member Kring spoke in favor of the item, adding that money saved City Council Minutes of October 24, 2017 Page 12 of 24 could go to help those on the riverbed, through CityNet. She stressed the need to go where the needs are, noting the need has decreased at La Palma Park. Council Member Murray asked if communication has been received from the GOALS Academy and residents in the area about proximity to this center and Ms. Ridge reported originally the center was a point of contention for the GOALS Academy and nearby hotels. The homeless population there has dwindled significantly, and Ms. Ridge expressed concerns if it remains open, it will bring back homeless people to that area. She reported the GOALS Academy is supportive of scaling down the facility. Council Member Murray stated the purpose of the item was to ensure resources are being directed where they are needed and noted support for the item. Council Member Faessel acknowledged the significant cost savings involved but felt there was still a need to have a storage facility there. He stated he does not support the complete elimination of services, but indicated support for an appointment system if it meets the needs of those being served. Council Member Moreno asked regarding the number of people served by the west -side facility and Ms. Ridge stated she does not have that information but can obtain it and advise Council. Council Member Moreno stated it would be helpful to have that data for comparison purposes. He asked whether drop-offs can continue at La Palma Park and Ms. Ridge reported the County of Orange, under contract with Mercy House, operated the armories. The County's preference as for pick-up and drop-off locations be the same. The County was changing its model and was encouraging a pick-up point where there was the largest concentration of homeless and a drop- off point at a location that offers services. Council Member Moreno commented positively on the GOALS Academy and expressed appreciation for their input on this matter. Mayor Tait suggested continuing the item to the next City Council meeting to allow staff to address some of Council's concern. Council Member Barnes noted the need for increased transparency and urged staff to do as much research as necessary for Council to make an informed decision, including information regarding Mercy House and the people they serve. Ms. Ridge reported much of the information was in the contract and in the body of the staff report, but staff will return with additional information. MOTION: Mayor Tait moved to continue this item to the City Council meeting of November 7, 2017, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Kring, Moreno, and Faessel). NOES — 0. Motion carried. C280 21. ORDINANCE NO. 6423 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2016-00294, DEV2016-00043) (3315-3325 West Lincoln Avenue; rezoning from C -G General Commercial zone to RM -3 Multiple - Family Residential Zone). Planning Director David Belmer presented a brief report addressing the project site, zoning, General Plan designation, details of the proposed project, parking, approval by the Planning Commission, and recommendations. DISCUSSION: Council Member Moreno asked regarding the number of units that will be categorized as affordable housing and it was noted none of the units will be designated as such. City Council Minutes of October 24, 2017 Page 13 of 24 Council Member Moreno noted this was a zone change and provided a way for Council Members to exert influence in terms of creating more affordability in the City. He stated he will abstain on the item as he would like to better understand how rezoning can be used to incentivize, if not require, affordable housing in the City. Council Member Barnes thanked staff, reported visiting the site, and noted it will fit in well in the community. MOTION: Council Member Kring moved to introduce ORDINANCE NO. 6423 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2016-00294, DEV2016-00043) (3315-3325 West Lincoln Avenue; rezoning from C -G General Commercial zone to RM -3 Multiple -Family Residential Zone), seconded by Council Member Murray. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Kring, and Faessel). NOES — 0. ABSTAIN — 1: (Council Member Moreno). Motion carried. D116 22. RESOLUTION NO. A RESOLUTION OF THE ANAHEIM CITY COUNCIL relating to financial resources to fund Operation Home Safe (continued from October 17, 2017, Item No. 20). Assistant City Manager Kristine Ridge presented the staff report, noting the resolution will direct staff to take three actions to facilitate funding for the Home Safe program, and she addressed the recommended actions. DISCUSSION: Council Member Moreno expressed concerns about funding through the General Fund and asked the City to submit a request to the Anaheim Tourism Improvement District (ATID) Transportation Committee to continue, as it did over the last few years, to cover the City's operating deficit of the ARTIC. He asked staff to work with corporate partners who have received a subsidy of present or future revenues that exceed $500,000 to work with the City and come to an agreement where the City will keep current or future revenue the City can invest in addressing homelessness and for the City to establish a fund with the Anaheim Community Foundation where private entities, corporate partners, and residents can contribute to address homelessness. MOTION: Council Member Moreno moved to approve RESOLUTION NO. A RESOLUTION OF THE ANAHEIM CITY COUNCIL relating to financial resources to fund Operation Home Safe, seconded by Mayor Tait. DISCUSSION: Council Member Murray reported amendments were specifically presented as friendly amendments when Council adopted the program and Council chose not to accept them. She questioned why Council Member Moreno did not bring about these recommendations from the working group he was currently chairing. In terms of the Anaheim Tourism Improvement District (ATID), she reported money as privately raised and was specifically earmarked for multiple transportation projects. She added they have volunteered millions in the initial operating losses of the City when the transportation center was first opened. Acting City Attorney Kristin Pelletier noted Council Member Barnes had declared a potential conflict of interest on points 1 and 2 of the resolutions and suggested bifurcating the item to vote separately on each point. Council Member Barnes declared a potential conflict of interest on points 1 and 2 of the resolutions and left the dais at 7:45 P.M. City Council Minutes of October 24, 2017 Page 14 of 24 Council Member Murray reported ATID continued to support the City on many large projects. With regard to the TOT assistance programs, the three recently -approved, four -diamond hotel assistance agreements will not generate any funding until they are built. She stated it was perplexing as to how it can be proposed they would fund homeless services, in the next 60- to 90 - days as directed by Operation Home Safe. The only agreement currently in place was with the Doubletree Hotel and questioned whether it was appropriate to ask them to contribute when they were already generating funds for the City. She noted Council Member Moreno did not bring these issues up during the budget process and there has been no discussion in the Homeless Working Group about it. Emergency shelter funding is available through the County and other sources, and declared if the City needs to supplement to assist in an emergency capacity it will develop the budget with staffs assistance and return to Council with that recommendation. She opined this discussion was premature and she believed it was being done with political intentions and not for advancing the work of Operation Home Safe. Additionally, Council Member Murray reported having specific discussions with County staff about the need to open an additional 500 beds and noted if the City identifies the program and the process to do that, the City would be able to request funding from the Board of Supervisors. She noted attempts to diminish this program were counterproductive and asked Council to allow the program to move forward and oppose this item. Council Member Kring agreed with Council Member Murray and reported hoteliers were not interested and reported bankers do not like disagreements or discussions when financing was already in place and feared the loss of construction jobs. She addressed lawsuits with the GardenWalk Hotel, noting they have lost two years in the process. She added agreements were in place for a reason and noted private/public partnerships were the way to go. Council Member Kring stated she could not support the item and noted the Anaheim Community Foundation already has ways to help the homeless and other agencies in the community. Council Member Faessel did not believe Council needed to approve a request to ATID, as there as a City representative to that body, and believed the Interim City Manager can provide direction to issue a request, at any time. They were approached with a request previously and they chose not to participate. Relative to point 2, there will be no funds available for at least two years and the money is needed quicker than that. Initial negotiations were difficult, at best, but he did not see opening renegotiations to be a viable or fair option. He stated he could not support the item in its current structure. Mayor Tait noted the City needed money and stated the ARTIC operation does not have to contribute money and 25% of their funds were earmarked for transportation projects. He stated it would be appropriate to ask the ATID for money and reported there was nothing wrong with asking for economic assistance. He opined the proposed were reasonable requests and indicated he would support the item. Council Member Moreno stated he voted out of trust for an item that did not have a budget and that was why he brought up the matter. He commented on his original vote and spoke in support of asking City partners to join in addressing homelessness in the City. He reported this was not politically motivated, but was simply a request. He stated those who received economic assistance, received the people's money. Now that the City has a need, he asked if the City could reconsider asking them to help. He added this was about long-term sustainable funding. He asked for unity to work with all City partners to help and stated his goal was to provide local revenue streams without depending on the County or the State. Council Member Murray stressed Operation Home Safe was about an emergency in facing the homeless crisis and which affected many people in the City. She noted the proposal would not raise funding within the necessary 60- to 90 -days and reported ARTIC was not within the Resort City Council Minutes of October 24, 2017 Page 15 of 24 area and reiterated ATID money was specifically earmarked for transportation projects. Council Member Murray reported these agreements have been in place for years and the City negotiated them in good faith. Operation Home Safe was strongly supported because there is a crisis and an immediate need. She looked forward to seeing long-term solutions generated through the Homeless Working group, and believed this item has been a diversion from moving forward on Operation Home Safe. Council Member Kring confirmed she spoke with some hoteliers letting them know about this item, addressed the formation and purpose of the ATID, and reported the ATID has done more for ARTIC than they were expected to do. They have been asked previously to participate in various projects but have declined. Council Member Moreno claimed opposing giving away $700 million to multi -billion -dollar companies does not make him anti -partner or anti -business, but makes him responsible and thoughtful about sustaining partnerships. When the item was first considered, Council did not vote down his suggestions, but rather he offered them as friendly amendments and Council Member Murray did not accept them. He reported City partners have approached the City to renegotiate their agreements in the past and listed examples. He asked for Council's support on this item. Mayor Tait commented positively on the item and noted the City was spending $15 million on the convention center expansion, out of the General Fund, and will benefit the resort district. MOTION: Council Member Moreno moved to bifurcate and approve each resolution point separately. MOTION: Council Member Moreno moved to approve RESOLUTION NO. A RESOLUTION OF THE ANAHEIM CITY COUNCIL relating to financial resources to fund Operation Home Safe, specifically, point 1 in the Resolution regarding ATID, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 3: (Mayor Tait and Council Members Vanderbilt and Moreno). NOES — 3: (Council Members Murray, Kring, and Faessel). ABSTAIN — 1: (Council Member Barnes). Motion failed. MOTION: Council Member Moreno moved to approve RESOLUTION NO. A RESOLUTION OF THE ANAHEIM CITY COUNCIL relating to financial resources to fund Operation Home Safe, specifically, point 2 in the Resolution regarding corporate partners with TOT subsidies, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 2: (Mayor Tait and Council Member Moreno). NOES — 4: (Mayor Pro Tem Vanderbilt and Council Members Murray, Kring, and Faessel). ABSTAIN — 1: (Council Member Barnes). Motion failed. Council Member Barnes returned to the Chambers and took her place on the dais at 8:23 P.M. DISCUSSION: In response to Council Member Moreno's question whether a fund for homelessness has been set up through the Anaheim Community Foundation (ACF), Ms. Ridge reported there were two funds including one formed upon the initiation of the hotel/motel program, and a Homeless Resources Fund created in collaboration with CityNet and the Anaheim Police Department. Council Member Moreno stated his intention was to provide easily -accessible money to help with homelessness and wondered if rebranding the existing funds might encourage greater donations. Council Member Murray reiterated Operation Home Safe was intended to address immediate needs and suggested consolidating funds rather than adding a new one. City Council Minutes of October 24, 2017 Page 16 of 24 Mayor Tait agreed the mechanism was already in place and suggested further emphasis on the current need. Council Member Faessel acknowledged the attendance of an ACF Member, agreed there as no need for the establishment of a third fund, and stated he would be happy to arrange changing the title of existing funds, if Council so chose. Council Member Kring agreed a third fund was not needed and felt adding one would create confusion. MOTION: Council Member Moreno moved to approve RESOLUTION NO. A RESOLUTION OF THE ANAHEIM CITY COUNCIL relating to financial resources to fund Operation Home Safe, specifically, point 3 in the Resolution, seconded by Mayor Tait. Council Member Kring suggested making an amended motion, but Council Member Moreno withdrew the motion and no further action was taken. Council Member Murray verified her focus was to look externally for sources for which a funding need has not yet been identified. She reported the County is the primary social service agency and clarified the subject of a petition submitted by residents. She asked that attacks on this program stop. D116 23. RESOLUTION NO. 2017-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating the City of Anaheim as a Welcoming City that respects the dignity of all people and promotes programs to foster inclusion for all our residents (continued from October 17, 2017, Item No. 21). Mayor Tait stated this matter was considered in a community task force and noted a large percentage of the City were either immigrants or sons and daughters of immigrants, and this item was mindful and empathetic of their needs. Deputy City Manager Greg Garcia presented the staff report, addressing the purpose of the resolution, the Mayor's Task Force, public meetings held, Task Force membership, general recommendations, and details of the resolution. He reported on the Welcoming America program and offered to respond to questions from Council. DISCUSSION: Mayor Tait noted the network was made up of over 100 cities and this was about being inclusive and allowing immigrants into the fabric of the City. DISCUSSION: Council Member Faessel reported he participated in the task force and enjoyed working with Council colleagues and staff. He stated he would like to be more inclusive, including both native born and foreign -born residents, and that all City residents feel welcomed. He noted a forty -minute presentation was made during the task force meeting and expressed concerns that remaining Council colleagues were being asked to vote on this item without having the benefit of reviewing all the information presented. He expressed concerns regarding funding the program, and the proposed partnership with Welcome America, noting without all seven Council Members receiving the same presentation, he questioned their ability to make an informed vote. Council Member Kring compared this matter to the establishment of a sanctuary city, wondered about funding, and commented on the existing 'Hi Neighbor" program. Additionally, she commented on a program that streamlined City government and eliminated duplication. The recent job fair also provided opportunities for people to apply for citizenship. She stated City Council Minutes of October 24, 2017 Page 17 of 24 opposition to the item, noting there were programs already in existence providing similar services, including citizenship fairs, and stated the proposed services should be available to all residents, not just immigrants. She added that, in her opinion, this was a cover for being a sanctuary city and, therefore, she could not support it. Mayor Tait expressed surprise at Council Member Kring's comments and agreed the matter should apply to all residents. He listed other cities that have implemented similar initiatives, noted the effect on the budget was minimal, and worried about sending a message that Anaheim as not a welcoming city. In response to Mayor Tait's question, Mr. Garcia reported 40% of the City's population are immigrants or children of immigrants. Mayor Tait commented positively on the proposed program and related economic growth. MOTION: Mayor Tait moved to RESOLUTION NO. 2017-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating the City of Anaheim as a Welcoming City that respects the dignity of all people and promotes programs to foster inclusion for all our residents, seconded by Council Member Moreno. DISCUSSION: Council Member Faessel reported inclusion of all residents was stated in the staff report and indicated he would feel better about approving it if the statement was included in the resolution, to which Mayor Tait pointed out the statement in the resolution. Council Member Kring noted the resolution claimed this would be applicable to its newest residents and noted they were not all immigrants and that focus should be placed on including everyone, not just immigrants. She added the City already offers many of those services, addressed citizenship fairs, and felt this matter was picking winners and losers. Mayor Pro Tem Vanderbilt addressed the hiring of a coordinator and noted staff can use its usual discretion in determining a candidate. He added many of the recommendations are not included in the resolution but that he felt comfortable with it. Mr. Garcia reported there was a lot of discussion about other cities' practices, establishing an office or position, and noted it was clear in the task force that many of those recommendations were not feasible in Anaheim and, therefore, a statement was included to allow the City Manager to hire a coordinator. He reported other positions in the City that might be able to take on additional responsibilities in this regard, and reported it was not the intent to hire a new position now, and any determination having an impact on the budget would be brought to Council for consideration. Council Member Barnes spoke positively on the item, noting it was a celebration of humanity and would serve to empower immigrants coming into the City. Council Member Murray addressed the distinction between "immigrants" and "refugees", commented on the work of Nahla Kayali with Access California, and wondered why they were not included in the task force. Mr. Garcia reported they were not members of the task force but were present at every meeting and provided input. He added all meetings were recorded and posted online. Council Member Murray stated the City was already welcoming and inclusive of immigrants. She asked if there were policy discussions and Mr. Garcia responded affirmatively and highlighted issues such as protecting privacy, but there was no specific recommendation with regard to new policies. City Council Minutes of October 24, 2017 Page 18 of 24 In response to Council Member Murray's question as to whether DACA was discussed, Mayor Tait reported it was discussed and the task force's decision was to bring forward the subject resolution. In reply to Council Member Moreno's question regarding what policies Council Member Murray would suggest relative to DACA, she stated none, but much of it was not relative to City services. Council Member Moreno reported the task force was focused on City policy. Council Member Murray stated there was federal policy currently being debated and wondered whether there were City policies discussed and/or recommended. Mr. Garcia addressed those who were part of the task force, referenced a list of ideas and recommendations generated from the meetings, and listed items the City has been working on. He noted the list was not specifically outlined in the resolution. Mayor Pro Tem Vanderbilt suggested delving into specific recommendations may not affect individual Council votes. Council Member Murray indicated additional information may change how she votes. Council Member Moreno noted the list as part of the staff report and Council was not voting on it, but rather on the resolution. The supplemental information was there to help Council decide on the actual item. Council Member Murray stated she appreciated the clarification and noted she can support the resolution. In terms of services, she did not believe the City should be separating services for specific groups and not others. She spoke in support of having City services equally provided. Council Member Moreno commented on immigrants versus refugees and noted many come to this country because of civil wars and/or the war on drugs and take tremendous risks for their safety and the safety of their families. He added the resolution serves to welcome everyone to Anaheim and reported many in the community were anxious and fearful because of federal discussions about immigration. This matter is about reaffirming the City as a welcoming place because of federal rhetoric that undermines a lot of the work the City is doing. He addressed policies, noting that many of the City's policies serve to assure legal residents or refugees will not be reported to the federal government and that the City will protect their public safety. Council Member Kring reiterated she will not support the motion. Council Member Faessel reiterated his concern that all Council Members were not shown the presentation. He commented on policy issues and reported the need to move forward on something Council Members can all agree on. One issue that was considered was the role of the Police Department and he stressed the Police exists to ensure public safety and not to be an arm of the federal government. Mayor Tait responded to comments from Council Member Kring, noting he fully supported the Fourth of July event. He thanked his colleagues on the task force and those who participated in the meetings including volunteers and members of the public who contributed to the discussions. MOTION: Mayor Tait moved to RESOLUTION NO. 2017-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating the City of Anaheim as a Welcoming City that respects the dignity of all people and promotes programs to foster inclusion for all our residents, seconded by Council Member Moreno. ROLL CALL VOTE: AYES — 6: City Council Minutes of October 24, 2017 Page 19 of 24 (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, and Faessel). NOES — 1: (Council Member Kring). Motion carried. D114 24. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Policy 1.9 to City Council Policy Manual imposing time limitations on City Council Communications (continued from October 17, 2017, Item No. 22). Council Member Kring reported she brought this item forward in response to public comments suggesting if the public has only three minutes to comment, then Council comments should also be limited. She noted Council meetings have been running long and proposed Council comments be limited to three minutes each. DISCUSSION: Mayor Tait suggested each Council Member be cognizant of themselves and strive for efficiency, to which Council Member Faessel agreed. Council Member Moreno stated he would not support the item as it could set a precedence and felt it was important for the people to know what Council Members were doing in the community. He added it was not good practice to limit the ability of Council Members to communicate with the public. Council Member Murray suggested the need for a policy that Council Members speak to issues rather than attack each other. MOTION: Council Member Kring moved to adopt RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding Policy 1.9 to City Council Policy Manual imposing time limitations on City Council Communications, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 2: (Council Members Murray and Kring). NOES — 5: (Mayor Tait and Council Members Vanderbilt, Barnes, Moreno, and Faessel). Motion failed. D155 25. Receive and file a report regarding local options that may be used to expand the D159 availability of affordable housing in the City and; if desired direct the Community and Economic Development and Planning and Building Departments to develop an appropriate affordable housing funding and production program for the City. Assistant City Manager Kristine Ridge presented the staff report, thanked staff members who worked diligently on this matter, and introduced consultant, Kathy Head, Managing Principal, Keyser Marston Associates. She addressed background and existing efforts and tools, and deferred to the City's consultant for further reporting. Kathy Head, Keyser Marston Associates, addressed potential affordable housing program options, details of inclusionary housing programs, and cities with inclusionary ordinances. Additionally, she presented results of a study she did on four cities comparing ten years prior to inclusionary housing and ten years after the implementation of inclusionary housing. DISCUSSION: In response to Council Member Murray's question regarding the value of inclusionary housing, Ms. Head reported the value would be the City getting affordable housing that it otherwise would not have gotten. She added that many studies confirm mandatory programs are more successful than voluntary programs, even with incentives. The strongest incentive used in the state, currently, is the density bonus. City Council Minutes of October 24, 2017 Page 20 of 24 Council Member Kring asked what would happen to 75% of a project that would include 25% of inclusionary housing, Ms. Head stated as a general rule, she would not recommend such high inclusionary percentages, but rather a 10% to 15% range. She noted the importance of measuring the effect of inclusionary housing and stated the remaining percent would be charged at market -rate. Creation of inclusionary housing does not automatically raise the price of a market -rate dwelling. Ms. Head continued with her presentation addressing residential linkage fees, commercial linkage fees, and linkage fees in other cities. Planning and Building Director David Belmer addressed developer outreach, their preference for incentive -based versus mandatory programs, including developers in discussions relative to potential inclusionary ordinances, and BIA outreach. Ms. Ridge summarized the individual options available for Council's consideration in terms of policy direction. Council Member Moreno thanked staff for the report and stated the City has been struggling to provide housing at all levels of income strata. He indicated he would like to work with staff to address the City's affordable housing needs. Council Member Faessel addressed BIA Housing Futures Initiatives, opportunities, modernized zoning, and creating new incentives, such as reductions in building setbacks and parking requirements, and noted he cannot accept the latter, especially with all the parking issues in the City. He believed the City has already expedited the process and noted matching housing with transportation may be challenging. Ms. Head stated there were legitimate points brought up in this type of policy and the notion of incentive -based zoning has been brought up a lot, in terms of community benefits, and addressed flexible zoning. Council Member Faessel referenced the Housing Element in terms of trends relative to levels of income and confirmed there was an eight-year planning period. He noted the numbers are substantially different than the Regional Housing Needs Assessment (RHNA) allocations as the quantified objective is whether or not the City can attain it. Mr. Belmer reported various stakeholders in the housing industry would say the quantified objective is a good goal, but the real goal would be the total obligation. The quantified objection is based on what staff believes is reasonable in the planning cycle and the City has met many of those goals. Council Member Faessel stated he would support a resolution that would give staff guidance to work with developers and would show Anaheim's commitment to workforce housing for residents. Mayor Pro Tem Vanderbilt asked whether there was effort to consolidate new affordable housing construction with vouchers or other types of housing assistance and compare them with other jurisdictions. Grace Ruiz-Stepter, Housing Programs Manager, reported in most deals that are 100% affordable, developers will ask for Section 8, project -based vouchers as it is the only way to close the gap between the time it takes to construct the project and what they will need for the project to remain affordable. There is a challenge in that the City has a finite number of vouchers. In response to Mayor Pro Tem Vanderbilt's question, Mr. Belmer reported the City expedites all projects and affordable housing projects are no exception. Often, housing projects are built in the City Council Minutes of October 24, 2017 Page 21 of 24 middle of residential neighborhoods and, sometimes, there is a need to balance expediting a project with the community's expectations. In response to Council Member Barnes's question, Mr. Belmer addressed the dollar amounts of the various levels of income for determining qualifications for affordable housing, including the equivalent hourly rate. Council Member Barnes asked if there was interest in providing affordable housing where residents work and near transportation, schools, and shopping. Ms. Head noted that inclusionary housing and linkage fees are only a couple of tools in the toolbox available to the City for affordable housing. Affordable housing requires a significantly more amount of administration than market -rate housing. Council Member Barnes commented on the importance of providing resources to lower-income households in terms of proximity to jobs and other services. Council Member Murray indicated the City has had an aggressive housing policy since 2004, as part of the General Plan update, and noted challenges with the elimination of Redevelopment funds. She added there are tools that have been developed by the state to allow cities to create local tax -increment financing tools including Enhanced Infrastructure Financing Districts and Community Revitalization Investment Authorities and asked whether the City has looked into those models. Ms. Head reported the legislation for those two programs excludes school districts and some counties have been willing to participate in those programs. Ms. Ridge reported staff evaluated the two referenced tools, commented positively on the City having its own Housing Authority, and staff has access to a number of other funds and addressed legislation by the state that will generate additional funds. She reported the City was attempting to reach compensation agreements that would create a generation of revenue compensating for the elimination of redevelopment. Council Member Murray confirmed the City has the ability to look at those as tools versus a mandatory program like inclusionary zoning. She stated her preference would be increment - financing rather than inclusionary, noting it has been a very effective tool. Council Member Faessel stated he would prefer using the least -intrusive method. He added he is cautionary about adopting an inclusionary ordinance that would negatively affect parking and would prefer giving options to developers rather than mandating them. He reported the City has the civic infrastructure, in the Housing Authority, to manage some of the programs that other cities do not. Mayor Tait expressed concerns with negatively affecting the supply and the unintended consequences of mandatory, inclusionary rules and stated the idea of offering incentives made the most sense, rather than mandates. Council Member Moreno asked whether the City has an Affordable Housing Policy and Mr. Belmer reported the City has goals through its Housing Element, but not policies. He addressed the RHNA allocation and Ms. Ridge stated that would be the City's identified housing need. Council Member Moreno stressed the need for a policy, noting that the City has allowed and encouraged the market to provide what the City needs for housing. He addressed the number of permits issued for housing under the various levels of income noting most are in above -moderate income housing. He reported the market-driven approach has not worked, cautioned not to depend on federal monies, and urged Council colleagues to be open to figure out how to build the kind of housing the City's current residents need, noting the need for a policy to make affordable City Council Minutes of October 24, 2017 Page 22 of 24 housing work, as soon as possible. He expressed concerns with in -lieu fees, adding that they would promote segregation. Ms. Head reported in -lieu fees target extremely -low and very -low income households and the funding sources available are targeted to 100% affordable housing projects. She added extremely -low income is very difficult to operate and manage, as the rents do not cover operating expenses. Council Member Kring reported she and Council Member Murray would like to participate in the group addressing the City's housing needs. She indicated she would never support inclusionary housing, noted residents usually do not want affordable housing in their neighborhoods, and developers depend on tax credits to make housing affordable. She commented on a Habitat for Humanity house that has been available, yet no one has qualified for it. Additionally, she spoke against in -lieu fees. Council Member Barnes stated she would like to participate in the group addressing the City's housing needs. Council Member Murray referenced the City's Affordable Housing Strategic Plan and would like it to be a basis for moving forward. She added she would like any policy to consider tax -increment financing tools. Council Member Moreno reported during the heyday of the Strategic Plan, from 2005 to 2009, no units were built for extremely -low income people. MOTION: Mayor Tait moved to receive and file the report, 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. D116 26. Receive and file the Operation Home S.A. F.E. Monthly Performance Report and update on the County of Orange Flood Control Channel efforts. Assistant City Manager Ridge provided the staff report addressing actions taken, to date, on Operation Home Safe and an update on the County of Orange Flood Control Channel efforts. DISCUSSION: Council Member Murray thanked Ms. Ridge and staff who has worked diligently in moving the goals under the program forward. She added the City was doing aggressive outreach and looking at parcels appropriate for additional beds for the homeless. She noted this was an emergency program and was not meant to supplant on-going, long-term efforts. Council Member Moreno thanked staff for putting this together so quickly and in response to his question, Ms. Ridge reported the plan will provide services to those in the riverbed who want services and to secure the riverbed. The resolution applies to the whole City, with a focus on the riverbed. Council Member Moreno asked for a fuller report about the how the City is addressing homelessness citywide, commented on an increased number of homeless people at La Palma Park, and asked regarding applicable MOUs. Ms. Ridge referenced the list of action steps and reported no MOU has yet been completed. Council Member Moreno hoped the item will be expedited for the City to be reimbursed for the time the Anaheim Police Department spends on the riverbed. Ms. Ridge addressed efforts made relative to the rest of the City. City Council Minutes of October 24, 2017 Page 23 of 24 Mayor Tait reported receiving a complaint about increased criminal activity around the State College area and the railroad tracks and the Cerritos area. Council Member Barnes read comments from residents about increased criminal activity in the City, due to homelessness. MOTION: Council Member Murray moved to receive and file the Operation Home S.A.F.E. Monthly Performance Report and update on the County of Orange Flood Control Channel efforts, seconded by Mayor Pro Tem Vanderbilt. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried. D116 27. Receive and file a report regarding City recognitions and provide direction to staff as appropriate for further action. Interim City Manager Linda Andal reported direction was needed from Council to move forward on a policy outlining the types of proclamations and recognitions issued by the City. MOTION: Council Member King moved to continue this matter to a Council meeting in November, 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 1. Approve proclamations recognizing November 12-18, 2017, as National Nurse Practitioner Week and expressing support and solidarity for the victims of the earthquake on September 19, 2017 in Mexico, Hurricane Harvey in Texas, Hurricane Irma in Florida, Hurricane Maria in Puerto Rico, Hurricane Irma and Maria in the Caribbean, and the wildfires in Northern California. Mayor Pro Tem Vanderbilt indicated he would abstain on this item, noting the need to focus on City issues rather than state, national, and international issues, consistent with his previous actions. MOTION: Council Member Murray moved to approve proclamations recognizing November 12- 18, 2017, as National Nurse Practitioner Week and expressing support and solidarity for the victims of the earthquake on September 19, 2017 in Mexico, Hurricane Harvey in Texas, Hurricane Irma in Florida, Hurricane Maria in Puerto Rico, Hurricane Irma and Maria in the Caribbean, and the wildfires in Northern California, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. ABSTAIN — 1: (Mayor Pro Tem Vanderbilt). Motion carried. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Murray announced the Wildfire Preparedness Fair at Station 10 on November 18 and thanked volunteers for the Fall Festival and Halloween Parade and invited the community to those events on October 28. She requested future agenda items for policies and increased oversight over HOA slope maintenance near wildland areas, penalties for flying drones during disaster recovery efforts, and a review of the City's tree policy. Council Member Kring announced the Halloween Parade, the Anaheim Confidential Cops 4 Kids fundraiser on November 8, the Veterans Day celebration on November 11, and that October 24 was National Bologna Day. City Council Minutes of October 24, 2017 Page 24 of 24 Council Member Moreno announced the Homeless Policy Working Group meeting to be held on November 3; congratulated the Anaheim High School Alumni for their 7th Annual Colony Classic Car Show on October 21; reported his attendance at an ethnic studies class at Anaheim High School, the Higher Ground gala, and the 19th conference of Padres del Turismo; and announced the upcoming Fall Festival and the Dia de Los Muertos event on November 3. He requested an update on STRs and to work with staff on an ordinance related to campaign reform similar to AB 249. Council Member Barnes thanked former Police Chief Raul Quezada for his service and offered her support to Acting Police Chief Julian Harvey, announced the Mayor's Prayer Breakfast on November 2, and invited the community to the parking workshop on November 7. Mayor Pro Tem Vanderbilt thanked his colleagues for highlighting City events and thanked staff for their guidance on various issues. Council Member Faessel announced the District 5 community meeting at Rio Vista School on October 26, thanked Fr. Bill Cao for inviting him to participate in the St. Anthony Claret feast day on October 22, requested a workshop regarding the efforts of the Anaheim Performing Arts Center Foundation, and offered comments regarding city staff's cooperation with the cities of Garden Grove, Santa Ana, and Orange regarding the proposed Amazon headquarters. Mayor Tait announced his attendance at the Higher Ground gala, a homeless roundtable discussion hosted by Supervisor Nelson, a showing of the film "Chasing the Dragon" regarding the opioid issue at The Grove on October 18, the Illumination Foundation's premiere of the movie "Same Kind of Different As Me," a second-grade class at Paul Revere Elementary School, and the American Society of Landscape Architects conference. He thanked former Chief Quezada for his service and wished Acting Chief Harvey the best. ADJOURNMENT: With no further business before the City Council and without objection, Mayor Tait adjourned the meeting of October 24, 2017 at 11:50 P.M. 7eresa ' Hy.!ubmitted, Bats, CMC Acting City Clerk