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02/06/2018ANAHEIM CITY COUNCIL REGULAR MEETING AND REGULAR ADJOURNED MEETING OF FEBRUARY 6, 2018 The regular meeting of February 6, 2018 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 February 6, 2018 was called to order at 3:34 P.M. in the City Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on February 2, 2018. PRESENT: Mayor Pro Tem Jose F. Moreno and Council Members Kris Murray, James Vanderbilt, Denise Barnes, Lucille Kring, and Stephen Faessel. (Mayor Tom Tait joined Closed Session after consideration of Item No. 1.) 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 Closed Session Item No. 1 was a discussion of potential legal action against the County of Orange regarding actions in the riverbed and Item No. 5 related to a property damage case regarding a sewer back-up into a private residence. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 3:35 P.M., Mayor Tait recessed to Closed Session for consideration of the following items: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case Mayor Tait did not participate in Closed Session Item No. 1 due to a potential conflict of interest. 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Orange County Catholic Worker, et al., v. Orange County, et al., USDC Court Case No. 18 -CV -00155 -DOC (KESx) 3. PUBLIC EMPLOYEE APPOINTMENT (Section 54957 (b)(1) of the California Government Code) Position: City Attorney 4. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Jason Motsick, Acting Human Resources Director, and Avery Associates Position: City Attorney 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. City Council Minutes of February 6, 2018 Page 2 of 15 6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code Name of Case: Estate of Gustavo Najera v. City of Anaheim, et al., USDC Court Case No. SACV16-01243-JLS At 5:30 P.M., Mayor Tait reconvened the Anaheim City Council. INVOCATION: Pastor Ethan Hedberg, Ambassador Church FLAG SALUTE: Mayor Pro Tem Jose F. Moreno PRESENTATIONS: Recognizing Josh Vieta and Scott Nelson for their heroic act in preventing a fire Mayor Tait introduced Josh Vieta and Scott Nelson and recognized and thanked them for their heroic act in preventing a fire. Josh Vieta shared his experience with fires in Ventura and witnessing and apprehending an arsonist in the city of Anaheim along with Scott Nelson. County Update by Supervisor Todd Spitzer County Supervisor Todd Spitzer provided an update of the County's efforts in fighting homelessness. He reported Judge David Carter handled the original litigation on the riverbed and will be engaged and hands-on on the case. He shared the results of an Orange County surrey of opinions of Orange County voters on homelessness, stating 76% of voters in Orange County agreed homelessness was a significant problem. He further reported the OC Sheriffs have been patrolling the riverbed trail since September 2017 and removal of homeless encampments began November 1. He addressed the hypodermic needle issue and indicated the County will be having a big discussion on needle exchange, which he indicated he personally did not support, but did support people having access to medical professionals to clean hypodermic syringes. He also reported that the additional 100 beds at Bridges at Kraemer Place would be available by the end of May. Supervisor Spitzer provided OC crime statistics reflecting overall crime rate was up 20% since 2014, which was the largest spike in more than a decade. Violent crimes were up 15% and property crimes were up 20%, but in Anaheim, property crime was up 13.5%. Orange County auto theft was worse than any large urban county in the United States. He provided FBI statistics for the City, stating the murder rate was up 50% in 2017, robbery was up 21 % in the first half of 2017, and auto theft was at 9.7%. Supervisor Spitzer spoke of the Canyon fires, stated there was an existing investigation relative to how the Canyon Fire 2 started, and a report would be available to the public in April. He spoke of the John Wayne Airport Flight Pattern Settlement Agreement to prevent flight pattern variations and the Orange County Drowning Prevention Task Force. Council Member Kring reported she is on the Anaheim YMCA Board of Directors and the school district superintendent at the time mandated and required the Board to raise money so that every third grader in the city and the community covered by the YMCA must learn how to swim. Council Member Murray thanked Supervisor Spitzer for his leadership in getting the Bridges at Kraemer Place opened and for his efforts in promoting public safety for all residents. City Council Minutes of February 6, 2018 Page 3 of 15 Supervisor Spitzer reported the county was in escrow on a building on Anita Street and the 57 Freeway for the first psychiatric treatment facility in Orange County. He added Anaheim and the city of Orange were doing their bulk share of what was going on in the county in terms of dealing with the homeless and the mentally ill population. He commented on ensuring every city in the county was doing its fair share. Mayor Pro Tem Moreno asked whether Supervisor Spitzer provided annual updates to cities in the county and Supervisor Spitzer responded affirmatively. He added he has provided additional updates to Anaheim because of the issue of homelessness and camping on the riverbed. Mayor Pro Tem Moreno asked how much the county has spent, of its General Fund, on homelessness. Supervisor Spitzer reported the purchase of the building on Anita Street came from mental health dollars. He referenced a site in San Antonio, which has a campus where people are treated and provided with services, and noted that was his vision for Orange County. He added the county should allocate categorical funding first. He stated county staff has not been as aggressive as it needs to be. In response to Mayor Pro Tem Moreno's question, Supervisor Spitzer reported the county has contributed to build thousands of units during the last ten years. In terms of the FAA lawsuit, Supervisor Spitzer reported the FAA decided the impacts of the jet changes through GPS could be done through a Negative Declaration. The county challenged the process, noting the need for an environmental assessment and the FAA agreed. The county sued and won. Council Member Vanderbilt referenced water safety and asked whether county matching funds were available for swimming lessons or media campaigns. Supervisor Spitzer reported the money was used to educate the public but there was wide discretion for how the task force would work and how funds would be available. The county could amend the resolution to include swimming lessons for those needing assistance. Mayor Tait commented positively on the efforts of the Magnolia School District to teach every third grader to swim. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclamation recognizing February 18-24, 2018, as National Engineers' Week City Engineer Carlos Castellanos accepted the proclamation recognizing February 18-24, 2018, as National Engineers' Week and addressed contributions engineers have made to society. He noted the importance of encouraging youth to embrace learning math, science, and technology and encouraged the public to contact them for information about a career in engineering. Proclamation recognizing February 2018, as Career and Technical Education Month ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum statement was provided by Acting City Clerk Theresa Bass. Victoria Vidrio expressed concerns with the lack of affordable housing and spoke about the need for rent control. She referenced the homeless living on the riverbed and the lack of sanitation facilities. Mike Trujillo, 2017/2018 Disney Ambassador, expressed excitement at the building of their 10th Kaboom Playground at Pearson Park. He invited Council to attend Pearson Park on February City Council Minutes of February 6, 2018 Page 4 of 15 24, 2018, and stated Disney was committed to ensuring children and families have a safe place to play. He added there was information at Disney.com regarding volunteering opportunities. R. Joshua Collins, Homeless Advocates for Christ, commented on Jesus Christ being homeless and committed to the sufferings of the poor. He spoke about criminals getting immediate housing while the poor must wait to do so. He spoke in support of "housing first" noting it was cheaper than keeping the homeless on the streets and encouraged Council to lead in kindness and compassion. He commented on the lack of affordable housing in the city and urged Council to make it easier for people to get a roof over their heads. Fred Brown, General Manager, Desert Palms Hotel and Suites, shared his experience working in the city and shared stories about some of their employees. He reported the notion that hotels in Anaheim were low-paying jobs, with no opportunities for advancement, was not correct. He stated hospitality was a job that can turn into a career and does not necessarily need a higher education to move up. Mike Rodriguez thanked Council for the skate projects it has approved in the city and commented on how skateboarding is one of the most popular sports in the world. He noted an iconic skateboard feature at Brookhurst Park the community could engage in recreating. William Fitzgerald, Home Owners Maintaining Our Environment, alleged criminal conduct by the Anaheim City Council Members through the acceptance of bribes and campaign contributions. Additionally, he opined the Anaheim Fire Department was the worst in Orange County and contributed to the destruction of homes by the Canyon 2 fire, suggesting the city should contract with the Orange County Fire Authority for substantial savings. Council Member Vanderbilt stated he has not accepted campaign contributions from any Fire Department. Council Member Murray reported Mr. Fitzgerald's statements were overwhelmingly false and offensive. She stated the Anaheim Fire Department is a Class 1 rated fire department that works day and night to keep Anaheim residents safe. Council Member Barnes indicated she has not collected campaign contributions from any Fire Department, adding that her husband had to quit his job, so she could be released from future recusals. Jeanine Robbins addressed the La Palma Check -In Center operated by Mercy House, noting it was a pilot program that began in August 2013 and continued to operate with reduced hours and continual threats of closure from city staff. She believed former Assistant City Manager Ridge's goal was to close the center, permanently, and redirect funds to other homeless services. She read various city communications regarding the matter and stated it was evident city staff has their own agenda and were attempting to fulfill it without Council approval. They succeeded in cutting homeless services with no replacement and she asked Council to work with Mercy House and reinstate their contract, including operating during morning hours. She stated the public has complaints about the new timing system, as no one can see the lights to determine how much time they have left to speak. Mike Robbins commented on trash and hazardous waste in the riverbed and noted trash accumulated when there were no bathroom facilities or trash receptacles available. He addressed increased crime and felt the city should not have less police officers than it needs and commented on the city's debt. He reported instead of focusing on crime, police officers spend City Council Minutes of February 6, 2018 Page 5 of 15 their time moving homeless people from place to place. He referenced Mercy House and the services it provided, and quoted President Lyndon B. Johnson regarding the "war on poverty". Martin Lopez referenced comments made by the General Manager of the Desert Palms Hotel and Suites and stated he was happy employees were successful in advancing their careers. However, he stated there were 700 employees at the Anaheim Hilton and 300 at Sheraton Park who do not need to become managers, to receive a livable wage and make ends meet. He shared a personal story about his daughter's car being broken into and subsequently stolen. He was disappointed at the police who did not provide hope of finding the car and did not provide updates on the case. He noted his daughter went looking for the car, found it, and stated the license plates had been changed. When his daughter went to the DMV for replacements, she was told she needed a report from the police, but the police department stated it would take four to five weeks. Not only did the Anaheim Police Department not help, but they were making it difficult for her to do things the right way. He urged Council to review the process and make appropriate changes to expedite the process to help victims. Jessica Lopez expressed disappointment in the Anaheim Police Department in they way they handled the case of her stolen car. She reported giving them information and evidence to search for her car without success. Her husband commented on their efforts to do the right thing and expressed disappointment at the lack of effort by the Anaheim Police Department. Kelsey Moncada, Community Relations Assistant, Social Model Recovery Systems, addressed services provided by her organization and reported their adolescent facility, Touchstones, in the city of Orange, has beds open for adolescents suffering from drug abuse or mental illness. She encouraged the public to visit www.socialmodel.com. Additionally, she announced an Opioid Summit on September 20-21, 2018, at the Anaheim Convention Center and distributed program information brochures. Mark Johnson reported Anaheim has a rich history in skateboarding and referenced a skating crater at Brookhurst Park. He expressed interest in expanding the Brookhurst Skate Park to accommodate youth and beginners, noting the existing skate park was very advanced and they would like to re-create the crater, so beginners and youth can have fun also. He believed the project would help at -risk youth and help revitalize the community. Irina, representing the Saratoga Homeowners Association, reported she expressed her concerns regarding traffic noise including racing cars, motorcycles, and loud mufflers at the last Council meeting and reported the problem continued. She reported the Anaheim Police Department does not respond to calls, she filed a complaint with no response, and collected signatures of concerned residents and the city has not responded. She expressed concern with a bus stop near the complex and asked Council to help. Joe Wells, Logan Wells Memorial Foundation, reported he lost his son when he was hit by an automobile while skating and the foundation has spent the last few years raising money to build a skate park in his honor. They have raised $190,000 and the foundation wants to donate to the city, in his name, to build a street -style skate park. He noted the city has land in east Anaheim and a 5,000 square foot park could be built there. He thanked Mike Rodriguez and Mark Johnson for their comments and reported skateboarding was the fastest-growing sport in America. He thanked Council and the city for its support and thanked Pamela Galera for her help, as well as the foundation. Mayor Tait expressed his condolences and stated it was inspiring in finding beauty out of such a tragedy. He commented on life lessons that can be learned from skateboarding such as persistence, setting goals, and getting back up when you City Council Minutes of February 6, 2018 Page 6 of 15 fall. He added those things will live on and thanked Mr. Wells for the donation to the city. Council Member Barnes acknowledged the suffering and grief of losing a child and thanked Mr. Wells for turning a tragedy into a triumph for the city's youth. Victoria Wells spoke on behalf of Bob Walters, President, Freight Management, Inc., noting he was present but had to leave for a prior commitment. Mr. Walters has paid $30,000 out of his own pocket to sponsor a conference on equality and education, to be held on Saturday, February 17, 2018, from 10:00 A.M. to 2:00 P.M. at the Phoenix Club. She distributed fliers and hoped Council would attend. Speaking on behalf of herself, she reported she walks her dog to Central Anaheim and has taken it upon herself to pick up trash on the streets and parks. She suggested the city should have an initiative, "Clean Anaheim", and place trash cans on streets in neighborhoods. Mark Richard Daniels suggested relocating a mural in the Council Chambers as a constant reminder of where the city has been. He commented on the accomplishments of the country and the city and felt the greatest failure was not being able to take care of the homeless. He stressed the need to be diligent and not accept "no" for an answer, as this was a human rights situation and something needed to be done, and he suggested implementing a plan such as Al Fresco Gardens. "The Cameraman" stated he has learned anyone living on the riverbed who was on probation or parole has been arrested for violating their conditions because they need a permanent address as part of those conditions; if you become homeless or are evicted from your home, that constituted a crime. He noted there was room in jails for criminals, but there was no housing for the homeless and reported 200 people died on the streets in Orange County in 2017 and the life expectancy of a homeless person was 49 years. He thanked Mayor Pro Tem Moreno, Council Member Vanderbilt and Council Member Faessel for taking the time to meet with him before the State of the City address and being able to have open dialogue. He cautioned against trusting Supervisor Todd Spitzer. Wes Jones referenced the last Council meeting where the findings of the Homeless Policy Working Group were unanimously approved. He noted now was the time for action as the Courtyard and armory were not fit places for humans to live. He encouraged Council to join with the county and develop adequate and humane shelter systems. As an emergency, short-term solution, he urged the city to open safe zones such as Al Fresco Gardens and to restore funding to the La Palma Check-in Center. Mildred Elliott spoke regarding the struggles of the homeless, including her, and urged Council to consider opening Al Fresco Gardens for the homeless to have a safe space in which to live. David Duran commented on the many meetings held regarding the homeless and felt comments from the public have fallen on deaf ears. He referenced a lawsuit against Anaheim and neighboring cities for their lack of effort to resolve issues regarding homelessness. He reported during a recent Board of Supervisors' meeting, public comment time was reduced from three minutes to two minutes and urged the public to contact them and tell them that was unacceptable. He addressed the Anaheim Police Department and asked Council to acknowledge its responsibility in helping things get better. Lou Noble read a passage from the Bible and spoke against exploiting the homeless through criminalization. He opined the anti -camping ordinance does not work and urged Council to repeal it. He reported criminals prey on the homeless and expressed frustration with the lack of City Council Minutes of February 6, 2018 Page 7 of 15 adequate services. He noted the public has offered many solutions but alleged neither the city nor the county listens to the people. Bryan Kaye stated when residents file complaints, they were working to make things better for everyone. He alleged Anaheim violated Policy 451, tampered and destroyed evidence, and deals inappropriately with those suffering from mental issues. Pat Davis commented on her experience in skateboarding and on the generosity of the Wells Family. She spoke about the La Palma Check-in Center, noting hours have been reduced and awnings removed. The city has the resources to expand operation of the La Palma Check-in Center and Ms. Davis hoped the city will open morning operations. She commended Council for approving the Homeless Policy Working Group report and urged Council to explore regular updates. She mentioned Supervisor Todd Spitzer and hoped Council will not allow the city to be used for political reasons. Tim Schindler spoke regarding the plight of the homeless and commented positively on the city's efforts regarding the issue. He reported on Catholic organizations that help the community but noted the Diocese of Orange County has done nothing to help. He urged local Catholics to speak up and demand that their Diocese help the homeless instead of building monuments. Cynthia Ward referenced Brookhurst Park and encouraged Council to proceed with building a skateboarding park there. She agreed with a previous speaker regarding placing a mural in the Chambers, commented positively regarding installing trash cans on streets, and suggested advertising for private sponsorships to cover costs. She thanked Council for the Sunshine Ordinance and suggested candidates for office and donations to them should be reported. COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Faessel announced the Students Against Destructive Decisions (SADD) would hold their first conference March 2-3, 2018, at the Sheraton Park Hotel and requested a proclamation honoring their efforts. Council Member Vanderbilt requested a proclamation recognizing February 13th as Asian Business Association of Orange County Day, announced the WAND BBQ on April 21 st at Maxwell Park, and the Buffalo Soldier Experience at the Muzeo with free admission and transportation scholarships for local schools. Council Member Murray requested staff research expanding the use of the Big Belly solar trash cans and associated costs; thanked the Wells family, supporters, and staff for the work done for Item No. 17; and requested the ground breaking for the Logan Wells Skate Park be scheduled to coincide with Logan's birthday. Mayor Pro Tem Moreno requested an update on the La Palma Check In Center, thanked the Wells family and staff for Item No. 17, requested staffing ratios be reviewed citywide and particularly within the Police Department as part of the budget process, and also asked for consideration of staff at skate parks and other park amenities in the budget process. Council Member Barnes announced a community meeting for Districts 1 and 2 on February 7 2018, and encouraged the public to donate blood. CITY MANAGER'S UPDATE: City Council Minutes of February 6, 2018 Page 8 of 15 Interim City Manager Linda Andal reported staff was still on schedule to bring forward the permit parking, oversize vehicles, and car sales policies on February 27th but would be working in a phased approach with draft polices set for receive and file on February 27 to allow for a 30 -day review period for Council and the public to review and comment on the policies, which will also be posted online, and will be brought back on March 27th for potential adoption. She announced District Community Meetings with Districts 1 and 2 scheduled for tomorrow at Brookhurst Community Center, District 3 scheduled for February 8th at the Downtown Community Center, District 4 scheduled for February 13th at Ball Junior High School, District 5 scheduled for February 15th at Rio Vista Elementary School and District 6 scheduled for February 21 st at East Anaheim Community Center, to include updates about homelessness by Sandra Sagert and outreach and the application process for the Public Safety Board for which the first meeting was projected to be in April. CONSENT CALENDAR: At 7:47 P.M., the Consent Calendar was considered with Mayor Tait pulling Items No. 14 and 17, Council Member Faessel pulling Item No. 9, and Council Member Vanderbilt pulling Item No. 12 for separate discussion and consideration. MOTION: Council Member Kring 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 Mayor Pro Tem Moreno. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Barnes, Vanderbilt, Kring, and Faessel). NOES — 0. Motion carried. B105 1. Receive and file minutes of the Public Utilities Board meeting of December 13, 2017. E157 2. Receive and file the 2017 Lobbyist Annual Report. D116 3. Approve recognitions recognizing Water Awareness Month (May 2018); Anaheim Public Utilities Bottled Water Art Contest Winner(s); Public Power Week (October 7 — 13, 2018); Anaheim resident Norris Johnson for his 100th birthday (February 1, 2018); Helen Bethers, Ernie Diaz, and Wilma Ast, who have demonstrated kindness in the City; Project S.A.Y. for developing workshops on respect, safe space, and healthy dating during Teen Dating Violence Awareness Week; and OCAC's Passion y Tumbao Project for their achievements in winning two World Silver Medals within the Kids Latin Dance Division. B105 4. Reappointment of Alicia Berhow and Amy Olsen, both representing the business sector, to the Anaheim Workforce Development Board to four year terms ending February 1, 2022. D180 5. Accept the lowest responsive bid from Bradley Lighting, Inc., in the amount of $215,426.25 plus tax, for landscape and palm tree lighting materials for the Anaheim Resort Maintenance District and authorize the Purchasing Agent to issue a purchase order in accordance with Bid #9073. D180 6. Accept the lowest responsive bid from Farber Specialty Vehicles, in the amount of $194,970.50 plus tax, for a 2018 Winnebago Bookmobile for the Anaheim Public Library, City Council Minutes of February 6, 2018 Page 9 of 15 authorize the Purchasing Agent to issue a purchase order in accordance with Bid #9056, authorize the transfer of $200,000 of Community Development Block Grant appropriations from the Community & Economic Development Department to the Community Services Department. D180 7. Accept the lowest responsive bid from Henry Schein, Inc., in the amount of $20,335 plus applicable tax, for the purchase of hand wipes, sharp evidence tubes and latex gloves for the Anaheim Police Department for a one year period with four one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9070. D150 8. Authorize the Director of Community Services, or his designee, to accept donations, each in the amount of $5,000, from the Kiwanis Club of Greater Anaheim and the Orange County Community Foundation for the Bookmobile Services program of the Library Division and increase the Fiscal Year 2017/18 revenue and expenditure appropriations in the Community Services Department budget by $10,000. AGR- 10. Approve a License Agreement with the Anaheim Family YMCA for free use of the 7414.A gymnasiums at the Downtown Anaheim Youth Center and West Anaheim Youth Center during specified use hours, and rental of the gymnasium at a reduced rate of $30 per hour during non-scheduled hours when the facilities would normally be closed, for a term of five years. AGR- 11. Approve an agreement with the City of Cypress for the funding of design and construction 10965 of the Arterial Street Improvements Project on Cerritos Avenue with the City of Anaheim's pro -rata share estimated at $32,000 with a not to exceed amount of $50,000. 13. Approve and authorize the Interim City Manager to execute a Site License Agreement for 10967 Telecommunications Facilities Mounted on City Facilities with Sprint PCS Assets, L.L.C. a Delaware limited liability company (Sprint) which authorizes Sprint to install 113 Distributed Antenna System Antennas in the Anaheim Convention Center Expansion project to provide cellular service coverage; pay to the City a monthly fee, in the amount of $9,605, with an initial term of ten years with up to two automatic successive five year renewals; pay to the City a one-time fee, in the amount of $235,814.75, for reimbursement of Sprints apportioned share of the furnishings and installation of all infrastructure costs for cellular providers as noted in the City of Anaheim Department of Public Works Anaheim Convention Center Betterment VII Project Change Order B; and authorize the Executive Director of the Convention, Sports & Entertainment Department to execute any other related documents, take the necessary actions to implement and administer the Agreement. P129 15. RESOLUTION NO. 2018-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain interests in real property (City Deeds Nos. 12177, 12178, 12179, 12180, 12181, 12182, 12183, 12184, and 12185) (current and future City uses for the installation of water and electrical facilities for the provision of utility services). City Council Minutes of February 6, 2018 Page 10 of 15 D154.5 16. RESOLUTION NO. 2018-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the International Brotherhood of Electrical Workers Local 47 and the City of Anaheim (incorporate new classification, Part -Time Senior Customer Service Representative). D182 18. RESOLUTION NO. 2018-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the proposed electric vehicle projects and the Public Utilities General Manager or designee to submit an application, on behalf of the City of Anaheim, to the Mobile Source Air Pollution Reduction Committee for a 2017 Local Government Partnership Program Grant, to accept such funds as awarded, and to take such actions in furtherance of the grant program; authorizing the allocation of matching funds in connection therewith; and determining the electric vehicle projects are exempt from the California Environmental Quality Act pursuant to Sections 15301, 15303, and 15304(f) of Title 14 of the California Code of Regulations (installation of electric vehicle charging stations and acquisition of electric vehicles; up to $221,500 in grant funds with a local match of $212,100). M142 19. ORDINANCE NO. 6428 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 10.10 (Waste Collection and Disposal) of Title 10 (Public Service and Utilities) of the Anaheim Municipal Code relating to placement of containers for collection and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment and because it is not a project, as defined in Section 15378 of the CEQA Guidelines. (introduced at Council meeting of January 30, 2018, Item No. 22). ORDINANCE NO. 6429 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment and because it is not a project, as defined in Section 15378 of the CEQA Guidelines (introduced at Council meeting of January 30, 2018, Item No. 22). END OF CONSENT CALENDAR: Following adoption of the consent calendar, without objection, Mayor Tait considered Item No. 17 out of order prior to the other items pulled for discussion. R100 17. RESOLUTION NO. 2018-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting donated funds from the Logan Wells Memorial Foundation for development of a skate facility (funds in the amount of $190,000). Amend the Community Services Department's revenue and expenditures by $190,000 and determine that the Logan Wells Memorial Skate -zone Project is categorically exempt City Council Minutes of February 6, 2018 Page 11 of 15 from further environmental review under the California Environmental Quality Act, Section 15303 of Title 14 of the California Code of Regulations (Class 3, New Construction). DISCUSSION: Mayor Tait thanked the Wells Family for their generous donation and reported pulling this item from the Consent Calendar as it warranted separate consideration and voting. He noted parks bring people together and skateboarding created friendships. Council Member Vanderbilt stated he looked forward to the new skate park. Council Member Faessel reported one of the first skateboarding events in Anaheim was held at La Palma Park. Council Member Murray asked staff to work with the Wells Family and the Foundation to ensure ground -breaking can take place on Logan Wells's birthday. Council Member Kring thanked the Wells Family and commented on their contributions to the community. MOTION: Mayor Tait moved to adopt RESOLUTION NO. 2018-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting donated funds from the Logan Wells Memorial Foundation for development of a skate facility (funds in the amount of $190,000) and amend the Community Services Departments revenue and expenditures by $190,000 and determine that the Logan Wells Memorial Skate -zone Project is categorically exempt from further environmental review under the California Environmental Quality Act, Section 15303 of Title 14 of the California Code of Regulations (Class 3, New Construction), seconded by Mayor Pro Tem Moreno. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring and Faessel). NOES — 0. Motion carried. AGR- 9. Approve the Solar Power Sales Agreement (Solar Agreement), in substantial form, with 10964 Southern California Public Power Authority to procure solar energy to meet the State mandated Renewable Portfolio Standard for approximately $1.8 million annually over twenty-five years with no escalation and authorize the Public Utilities General Manager, or his designees, to execute the Solar Agreement and other agreements, including, collateral assignment or power scheduling agreements, and prepare, certify, attest, execute, and deliver any other related documents and take necessary or advisable actions to implement and administer the Solar Agreement. Mayor Tait declared a potential conflict and left the dais at 7:56 P.M. Public Utilities General Manager Dukku Lee presented the item addressing SB 350, which requires utilities to increasingly transform their power supplies from fossil fuels to renewables and the city's target is 50% renewables by 2030. He reported sustainability was an important attribute residents wanted from a utility, as well as cost-effectiveness. He addressed the location of the subject project, capacity of the plant, and details of the agreement. He acknowledged concerns with rate increases and reported staff does its best to manage costs by diversifying resources to achieve optimal performance. He reported the city does not own the asset, so permitting operation and maintenance are the developer's responsibility. The city is paying a fixed price for the environmental attributes, but the energy is tied to the power market which is financially advantageous. This is a power purchase agreement, so the city pays only when the energy is delivered; excess energy can be sold into the power market. City Council Minutes of February 6, 2018 Page 12 of 15 DISCUSSION: Council Member Faessel reported this was being arranged through the Southern California Public Power Authority (SCPPA) and asked for clarification. Mr. Lee reported SCPPA is a Joint Powers Authority and Anaheim, along with other power agencies, are able to pool resources and added, in terms of this project, Anaheim was cooperating with the cities of Burbank and Vernon. In reply to Council Member Vanderbilt's question regarding storing solar power, Mr. Lee reported there is a power market that allows the city to sell excess energy back into the market, which will help reduce costs. He added there are instances were resources are required to back down to balance demands on the grid. Council Member Faessel asked for additional information regarding the power market and Mr. Lee explained the city has a portfolio of resources where the city owns some power plants, can contract with other power plants, or can utilize the market. Because there are requirements for how much renewables are needed, the city cannot solely depend on the market and, therefore, must have ownership or power contracts. The city uses the market for incremental overages and underages. In response to Council Member Barnes's question, Mr. Lee reported for this resource and under this contract, the city would be locked in for 25 years, the lifespan of a solar system. He noted the importance of not locking up all resources in order to take advantage of new technology as it emerges, as like any portfolio, it must be managed actively. MOTION: Council Member Kring moved to approve the Solar Power Sales Agreement (Solar Agreement), in substantial form, with Southern California Public Power Authority to procure solar energy to meet the State mandated Renewable Portfolio Standard for approximately $1.8 million annually over twenty-five years with no escalation and authorize the Public Utilities General Manager, or his designees, to execute the Solar Agreement and other agreements, including, collateral assignment or power scheduling agreements, and prepare, certify, attest, execute, and deliver any other related documents and take necessary or advisable actions to implement and administer the Solar Agreement, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 6: (Mayor Pro Tem Moreno and Council Members: Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. ABSTAIN — 1. (Mayor Tait). Motion carried. Mayor Tait returned to the dais at 8:07 P.M. AGR- 12. Approve an agreement with Enterprise Rideshare, in an amount not to exceed $100,000 10966 per year, for the monthly rental of vanpool vehicles for use in the City's vanpool program for a term of five years. DISCUSSION: Council Member Vanderbilt reported a member of the community wrote a letter with questions regarding the subject contract. He commented on grants available through the Transportation Authority and asked if the proposed was an efficient use of the money. Public Works Director Rudy Emami reported reading the letter and felt there may have been a misunderstanding in terms of the writer's analysis of the city's program and comparing it with an agricultural program in Kings County. The city's program is part of county -wide OCTA procurement where they have selected Enterprise Rental Company to provide vans for cities. Should the city use it, it will receive a $400 per month credit and the balance of costs were paid by another grant from the South Coast Air Quality Management District and by users themselves. The city is required to provide alternative ways for employees to get to work. He added last year, there were 46 employees who used the vanpool services, 36 of whom were Anaheim city employees and he addressed driver's license requirements. City Council Minutes of February 6, 2018 Page 13 of 15 MOTION: Council Member Kring moved to approve an agreement with Enterprise Rideshare, in an amount not to exceed $100,000 per year, for the monthly rental of vanpool vehicles for use in the City's vanpool program for a term of five years, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members: Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. AGR- 14. Approve and authorize Interim City Manager, or designee, to execute and administer a 10968 Parking Garage Management Agreement, in substantial form, with SP Plus Corporation, in the initial annual amount of $318,996, for the management of Car Parks 2 through 6 for a three year term with five one-year optional renewals with annual contract increases based on the Consumer Price Index (continued from Council meeting of January 30, 2018, Item No. 18). DISCUSSION: Mayor Tait expressed concerns regarding installing gates in parking structures and charging parking for people to visit City Hall. He stated he would support the item if the requirement for installing a gate was removed. Community and Economic Development Director John Woodhead reported gating on either structure has not been currently planned or included. Car Park 1 and Car Park 2 have specifically been excluded from the CIP, and he agreed to delete that as something that might occur. He explained Exhibit C was simply an equipment list that staff provides to anyone who manages the structures, so they know what belongs to the city. In response to Mayor Pro Tem Moreno, Mr. Woodhead explained there will be no changes except staff would like to add Car Park 1 to the existing management pool. He stated there was no intention to gate or charge for parking for any structure adjacent to City Hall and staff was looking into a parking guidance system to utilize parking structures more efficiently. MOTION: Mayor Tait moved to approve and authorize Interim City Manager, or designee, to execute and administer a Parking Garage Management Agreement, in substantial form, with SP Plus Corporation, in the initial annual amount of $318,996, for the management of Car Parks 2 through 6 for a three-year term with five one-year optional renewals with annual contract increases based on the Consumer Price Index excluding the installation of gates at Car Park 1 and Car Park 2, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS: Council Member Kring reported her participation in the Black History Parade and Cultural Faire last Saturday and noted its highest level of attendees and particpants, congratulated the Mayor on his State of the City address, requested consideration of a Council letter regarding Proposition 13 on a February or March agenda, and wished everyone a Happy Valentine's Day and Ash Wednesday/Lent. Mayor Pro Tem Moreno congratulated Access California, which celebrated its 20th year with a gala on Saturday. He thanked Ms. Majewski, a teacher at Anaheim High School, who invited him to teach a government class. He congratulated the Black History Parade and Cultural Fair, the Cultural and Heritage Commission and the Anaheim Small Business Organization, Los Amigos of City Council Minutes of February 6, 2018 Page 14 of 15 Orange County and George's Restaurant for funding transportation for participating bands. He thanked Mayor Tait for the State of the City event. He announced the Kaboom! playground build at Pearson Park on Saturday, February 24th, 8:30 A.M. — 2:30 P.M. and encouraged volunteers to sign-up online. Council Member Barnes commended Access California for their 20th anniversary and recognized the efforts of Nahla Kayali. She reported visiting Miracle Terrace Apartments for their grand opening and commended Mr. Wills Jr. and Sr., for their generous donations. She reported attending the Black History Parade, spoke about Brookhurst Park and the proposed skate park and encouraged the public to donate blood. She asked staff, in conjunction with state advocates, prepare an informational memo on SB 827 summarizing the proposed legislation in detail with possible impacts on Anaheim. Council Member Vanderbilt commented positively on staffs work on the State of the City event, acknowledged volunteers. He addressed the Access California gala noting Father Boyle was scheduled to speak but was unable to attend. Mayor Pro Tem Moreno was the keynote speaker and commended him for his speech. He spoke about public comments and referenced the City Clerk's statement prior to them. He commented on hate incidences and stated while Council encourages public comments, it should be recognized there are dignified ways to get a point across. Council Member Faessel attended a recent event at St. Catherine's Academy recognizing public servants and commented positively on the event. He reported participating in a round table discussion with the Mayor Pro Tem and a team of community members regarding Art in Public Places. Additionally, he attended the 20th anniversary of Access California, the Black History Parade and the Buffalo Soldier exhibit at the Muzeo and thanked Bobby McDonald for his efforts. He reported attending the State of the City event and speaking with Bruno Serato from the Lighthouse and announced it will reopen within the next few weeks. He commented on the county's efforts to clear the riverbed and reported the city will continue in its commitment to balance outreach efforts with enforcement and extend assistance to the homeless by connecting them with services. Mayor Tait offered congratulations to Mayor Pro Tem Moreno for his Access California address, and thanked City staff, Larry and Sarma Rosenberg with Anaheim Ballet, the Savanna High School Drum Corps, and the brew industry for their efforts with the State of the City, stating he was proud of efforts across the city and honored to serve with his colleagues. He requested staff research programs on making connections with senior citizens to combat isolation and loneliness, a review from the Police Chief regarding crime statistics, and a workshop to show a TED Talk and discuss ideas for the City flag. City Council Minutes of February 6, 2018 Page 15 of 15 ADJOURNMENT: With no further business and without objection, Mayor Tait adjourned the meeting of February 6, 2018 at 8:42 P.M. Respectfully submitted, �eresa Bass CMC Acting City Clerk