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09/11/2018ANAHEIM CIN COUNCIL REGULAR AND REGULAR AJOURNED MEETING OF SEPTEMBER 11, 2018 The regular meeting of September 11, 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 September 11, 2018 was called to order at 3:32 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 August 24, 2018. PRESENT: Mayor Pro Tem Jose F. Moreno and Council Members Denise Barnes, Lucille Kring, and Stephen Faessel. Mayor Tom Tait and Council Member James Vanderbilt joined the meeting during closed session. ABSENT: Council Member Kris Murray STAFF PRESENT: City Manager Chris Zapata, City Attorney Rob Fabela, and City Clerk Linda Andal. ADDITIONS\DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 3:33 P.M., Mayor Tait recessed to closed session for consideration of 1. 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) 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Jarret Young v. City of Anaheim, et al., Orange County Superior Court Case No. 30-2018-00966666-CU-OE-CXC 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Kana Engineering Group, Inc. v. City of Anaheim, et al., Orange County Superior Court Case No. 30-2018-00978399-CU-BC-CJC At 5:39 P.M., the City Council session was reconvened. Prior to beginning the meeting, Mayor Tait called for a moment of silence in remembrance of the victims of 9/11, particularly Anaheim residents Charles "Chic" Burlingame and Jerrold H. Paskins. INVOCATION: Pastor Jeremy Bratcher, Magnolia Baptist Church FLAG SALUTE: Council Member Stephen Faessel City Council Minutes of September 11, 2018 Page 2 of 9 PRESENTATIONS: Recognizing the 2018 Flag Day Essay Contest Winners Maria McFarland, Flag Day Celebration Committee, announced the thirty-five first place essay winners and presented programs of the essays to the Council. Recognizing Tony Lopez and Joshua Burciaga for their Act of Kindness Fire Chief Randy Bruegman recognized Tony Lopez and Joshua Burciaga for their Act of Kindness in administering CPR to a patron at 24 -Hour Fitness following a cardiac event. Acceptance of Other Recognitions (To be presented at a later date): Proclaiming September 2018, as National Preparedness Month Fire Chief Bruegman accepted the proclamation and encouraged all residents to use this month to prepare for a disaster and to remember the events of 9/11. Prior to the receipt of public comment and at the request of Council Member Vanderbilt, Mayor Tait invited Rebe Gonzalez from the Homeless Court to speak. Rebe Gonzalez, Orange County Public Defender's Office and Coordinator for the Homeless Outreach Program, presented an overview of the Homeless Court and the population that it serves. She advised Council that the Homeless Court could use their support in adopting a program that would allow participants to complete community service in lieu of paying fines for parking tickets, as participants were typically unable to pay the imposed fine. Councilmember Vanderbilt thanked Ms. Gonzalez and advised her to work with staff regarding the parking ticket program. ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk Linda Andal. Cecil Jordan Corken, Outreach Homeless Ministries, reported on his outreach efforts. Mark Richard Daniels, Anaheim Cultural & Heritage Commission, First District, spoke about the events of 9/11 and their historical importance. Victoria Michaels thanked Council for acknowledging Tony Lopez for his civic action. Ms. Michaels invited Council to attend Higher Ground Youth and Family Services Gala where Mayor Tait would be honored on October 12, 2018 at the M3 Live Event Center. R. Joshua Collins, Homeless Advocates for Christ, reported on his outreach efforts and encouraged Council to consider laws that impact the homeless population. William Fitzgerald, Home Owners Maintaining Our Environment, addressed the incentive agreement bond with Disneyland and Measure L on the November ballot. City Council Minutes of September 11, 2018 Page 3 of 9 Kim Holguin described an incident of a homeless woman who was using her hose to bath at her place of business and requested Council's assistance in protecting business owners against criminal acts by the homeless. Mayor Tait advised Ms. Holguin to speak with Police Chief Cisneros regarding the latest incident outside of her business. He advised her that a settlement was recently reached that would provide shelter beds for the homeless community and he hoped that would alleviate these types of occurrences. Dorothy Quisenberry advised Council that she resides at Acaciawood Village Senior Apartment Homes and rents under the Affordable Housing Program. She was advised by the owner that the program may be ending for her complex. She and other residents have received multiple notices that the owner plans on ended participation in the Affordable Housing Program and they were looking for assistance and clarification. Dolores Luna, Acaciawood Village Senior Apartment Homes resident, informed Council that, should the Affordable Housing Program end, she would have nowhere to go. Yvonne Mickey, Acaciawood Village Senior Apartment Homes resident, asked Council for their assistance in retaining affordable housing. Mayor Tait advised Ms. Mickey that the Housing Authority will be notified to provide additional information and clarification to the tenants. Mayor Pro Tem Moreno asked about the amount of the increase and was advised that the rent would increase by nearly $400 per month. Tony Martin, City of Anaheim mayoral candidate, discussed the issues that he would like to address during his campaign. Colin Womer, Drug Free Anaheim, advised Council that opiate abuse in Orange County was on the rise. He advised Council that Social Model Recovery Systems would be hosting the Western States Opioid Summit, September 19 through 21 at the Anaheim Convention Center, and he encouraged residents to attend. "The Cameraman" spoke about the new City Flag and a police incident at Peter Marshall Park on September 7, 2018. Kenneth Batiste advised Council that corporations were putting their money towards buybacks which help their shareholders and Disneyland workers do not benefit from such buybacks. Wes Jones noted the homeless population should abide by the laws of all citizens and he felt that property and business owners were not protected as much as they should be. He also thanked Council for the settlement that will provide shelter beds to the homeless in the near future. Larry Larsen thanked Council for their reflections of the 9/11 events but also asked for people to remember the events of September 11, 2012 in Libya. Lou Noble spoke regarding the criminalization of the homeless population. City Council Minutes of September 11, 2018 Page 4 of 9 Jeff Karish spoke regarding the recent flag change and noted his concern that the public was not included in the vote for the flag. Bryan Kaye apologized to Council Member Moreno regarding misstatements he had made about donations made to Council Member Moreno's campaign. David Duran spoke to Council regarding the recent lawsuit that was recently settled. He also advised Council that November 10-18, 2018 was Hunger and Homeless Awareness Week and that The Longest Night Remembrance would take place in December. He asked Council to recognize those events and support to the homeless community. A male speaker agreed with the previous speaker's request. COUNCIL COMMUNICATIONS: Council Member Kring requested to adjourn the meeting in honor of the victims and first responders of 9/11 and addressed patriotism in the country. She agreed with public comments in opposition to the newly -adopted city flag and addressed the process of responding to public commenters. Mayor Pro Tem Moreno announced September 14-23 as Welcoming Week in Anaheim with various events and workshops to be held regarding the citizenship process. He requested the meeting also be adjourned in memory of homeless individuals who died recently due to the opioid crisis, and thanked first responders and requested prayers for Anaheim High School student, Evan Garcia, who was involved in a serious accident. Mayor Tait explained the Council meeting rules regarding points of personal privilege and requesting clarification during public comments. He then asked for a brief clarification regarding the potential closing of the Edwards Theater and 24 Hour Fitness in Anaheim Hills. David Belmer, Planning & Building Director, reported the City had received a conceptual development review application for the Festival Retail center about a month ago, provided comments, and no project would move forward until an official application was filed and would then move through the standard review and public process. Mayor Tait congratulated Canyon High School graduate, Hannahlei Cabanilla, for winning the competition on "So You Think You Can Dance," and asked to invite her to a meeting for recognition. Mayor Pro Tem Moreno asked the communications staff to post a clip of Ms. Cabanilla's winning dance. CITY MANAGER'S UPDATE: City Manager Chris Zapata reported he spent his first 30 days out in the community, would spend the next 30 days studying the city's finances, and would then make decisions regarding open staff positions and provide a written summary of his initial findings as City Manager. City Council Minutes of September 11, 2018 Page 5 of 9 CONSENT CALENDAR: At 7:29 P.M., the City Council Consent Calendar was considered with Council Member Faessel pulling Item No. 13 or 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 — 6: (Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring, and Faessel). Noes — 0. Absent — 1 (Council Member Murray). Motion carried. Receive and file minutes of Sister City Commission meetings of June 25, 2018 and July 16, 2018; and Public Utilities Board meeting of July 25, 2018. 8105 2. Approve recognitions recognizing Constitution Week (September 17-23, 2018), World Alzheimer's Awareness Month (September 2018), and Domestic Violence Awareness D116 Month (October 2018). 3. Award the contract to the lowest responsible bidder, Excel Paving Co., in the amount of AGR- $4,197,281.30, for the Anaheim Boulevard and Ball Road Intersection Improvements 11199 Project and authorize the Finance Director to execute the Escrow Agreement. 4. Award the contract to the lowest bidder, All American Asphalt, in the amount of $534,553, for the Santa Ana Canyon Road Rehabilitation Project (640 feet east of AGR- Woodcreek Road to Gypsum Canyon Road), authorize the Finance Director to execute 11200 the Escrow Agreement and determine the project is categorically exempt under the California Environmental Quality Act. 5. Accept the bid from Artesia Sawdust Products, Inc., in the amount of $119,650 plus applicable tax and a 20% contingency, to provide as needed engineered wood fiber D180 (playground chips) for Community Services for a one year period with up to four one- year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9175. 6. Accept the bids from Lu's Lighthouse, Inc., and The Truck Lighthouse, in a combined amount not to exceed $41,498.71 plus applicable tax, for the purchase of automotive D180 lighting parts 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 #9173. 7. Waive the sealed bid requirement of Council Policy 4.0 and ratify an emergency master agreement issued to Total Environmental Management, Inc., in the amount of $61,150, D180 for providing emergency chiller rental services for the Anaheim Convention Center. City Council Minutes of September 11, 2018 Page 6 of 9 D180 8. Waive the sealed bid requirement of Council Policy 4.0 and ratify an emergency purchase order issued to All-Star Post -Tension, in the amount of $87,450, for providing emergency external post tension repairs to Parking Structure 2 at the Anaheim Convention Center. 9. Waive Council Policy 4.0 and ratify Change Order No. 1 with Trane, Inc., in the amount of $30,458, increasing the contract amount from $72,418 to $102,876 for furnishing and D180 installing one Trane HVAC air handler unit with all related modifications, and authorize the Purchasing Agent to execute the change order and additional change orders up to 10% of the original contract amount, if needed, to facilitate the completion of the project. 10. Approve Workforce Innovation and Opportunity Act Agreements with the Orange County Conservation Corps. and Taller San Jose Hope Builders, in the amounts of AGR- $303,386 and $180,285 respectively, for comprehensive youth development programs 9563.0 for the term of July 1, 2018 through June 30, 2020, and authorize the City Manager to execute and the Workforce Development Manager, or designee, to administer the AGR- agreements. 10248.13 11. Approve the 2019 Health and Welfare Plan Rates and authorize the Human Resources Director to execute all required provider agreements. D154 12. Appoint Gregory Scott, representing community-based organizations, and David Lawhorn, representing labor membership, to the Anaheim Workforce Development Board for a term of four years ending September 30, 2022. B105 14. RESOLUTION NO. 2018-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM changing the name of North Pacificenter Drive to Link D159 (SAC2018-00064; North Pacificenter Drive approximately 850 feet long between Tustin Avenue and La Palma Avenue). 15. RESOLUTION NO. 2018-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating public utility easements located 3319 and 3321 West Pilo Lincoln Avenue pursuant to California Streets and Highways Code Section 8330, et seq. - Summary Vacation (ABA2018-00378). 16. ORDINANCE NO. 6444 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Section 4.04.401 to Chapter 4.04 (Outdoor Advertising Signs and Structures - General) of Title 4 (Business Regulation) of the Anaheim Municipal Code M142 establishing the arena/stadium special sign district and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 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 D114 City Council Minutes of September 11, 2018 Page 7 of 9 environment and because it is not a project as defined in Section 15378 of the CEQA guidelines (introduced at Council meeting of August 28, 2018, Item No. 19). 17. Approve minutes of Council meetings of April 10, 2018, April 16, 2018, April 24, 2018, and May 11, 2018. END OF CONSENT CALENDAR: 13. Approve the response to the 2017-2018 Orange County Grand Jury Report entitled "Competition or Collaboration - Orange County's Public Agency Helicopters" and direct 0144.6 the City Manager to execute a letter and forward the response by September 22, 2018 to the Presiding Judge of the Orange County Court and the Orange County Grand Jury. B105 Deputy Police Chief Julian Harvey reported that the Grand Jury's report was initiated by a series of investigations in response to search and rescue responses around the county. He advised Council that the City of Anaheim agreed either wholly or in part to all of the findings and agreed with two (2) of the three (3) recommendations, noting the third recommendation required additional discussion. Deputy Chief Harvey also advised Council that the Air Unit operates 7 - days per week with 2,400 annual flight hours and 4,000 calls for service, 65% of which the Air Unit arrives first on scene. He reported approximately 55 to 60 arrests per months were initiated or assisted by the unit and approximately 50 pursuits annually. Council Member Faessel concurred that the Air Unit was very important to the community MOTION: Council Member Faessel moved to approve the response to the 2017-2018 Orange County Grand Jury Report entitled "Competition or Collaboration - Orange County's Public Agency Helicopters" and direct the City Manager to execute a letter and forward the response by September 22, 2018 to the Presiding Judge of the Orange County Court and the Orange County Grand Jury., seconded by Council Member Kring. Roll Call Vote: Ayes — 6: (Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring, and Faessel). Noes — 0. Absent — 1 (Council Member Murray). Motion carried. 18. Consider (re)appointments to the Youth Commission to serve a 10 -month term, ending June 30, 2019 (continued from Council meeting of August 28, 2018, Item No. 16). Youth Commission: At large (re) appointments: (three (3) appointments) (18-21 age bracket) (22-26 age bracket) (22-26 age bracket) City Council Minutes of September 11, 2018 Page 8 of 9 MOTION: Mayor Tait moved to continue the Youth Commission appointments to September 25, seconded by Council Member Barnes. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members Vanderbilt, Barnes, Kring, and Faessel). Noes — 1 (Mayor Pro Tem Moreno). Absent — 1 (Council Member Murray). Motion carried. REPORT ON CLOSED SESSION ACTIVITIES: None. COUNCIL COMMUNICATIONS: Council Member Kring announced the Boys and Girls Club event on September 21 at the Ranch Restaurant. Mayor Pro Tem Moreno reported two community meetings held regarding a homeless veterans permanent supportive housing project with a follow-up meeting scheduled for September 18 and an AUHSD parent leadership conference held on August 31. He announced a follow-up meeting on September 12 regarding the Wilshire Ave. recuperative care facility, crime, and group homes and the 13th annual mariachi festival on September 29. Council Member Barnes reported attending the Miss Anaheim Fall Festival celebration and a meeting regarding the Beach Blvd. Specific Plan (BBSP). She announced another community meeting on September 17 regarding the BBSP to be followed by a September 25th Council workshop, and October 2 Planning Commission public hearing. She acknowledged the recent Love Anaheim event and encouraged project submittals. She announced sewer construction work on State College Blvd. ongoing from September, suggested residents take advantage of the paramedic membership program, and requested candidates comply with City code regarding campaign signs. Council Member Vanderbilt announced the District 4 vacancy on the Orange County Water District was filled by Tri Ta, Westminster. He thanked staff for a Brookhurst senior neighborhood event and the Beach Blvd. Specific Plan presentation. He acknowledged the efforts and report of staff regarding syringes in the city and requested staff investigate using Homeless Court to forgive parking tickets. Council Member Faessel reported a District 5 tour with Police Chief Cisneros, his attendance at the Higher Ground kick-off party, a tour of northern California water sites through Metropolitan Water District with Anaheim educators, the Miss Anaheim Fall Festival event, acknowledged his senior policy aide for her efforts with the Love Anaheim event for West Anaheim Little League, and highlighted the benefits of the paramedic membership program. Mayor Pro Tem Moreno congratulated staff and Council for the settlement agreement announced Friday in regards to a 400 -bed emergency shelter and requested a report from staff regarding budget and resources to implement the plan and provide safety and security to residents and homeless individuals. He also requested an agenda item regarding AB -448, Orange County Housing Trust, with attendance by ACC -OC to share the plan moving forward. Mayor Tait thanked all involved with the court case and settlement agreement and asked for patience as the shelter and plans were implemented. He announced his participation in the Green Bird clean-up on Anna Drive, Canyon Rim honoring student Jake for his kindness, and City Council Minutes of September 11, 2018 Page 9 of 9 acknowledged all schools for participating in the 21 Days of Kindness. He offered thoughts and prayers for Evan Garcia to heal from an accident. ADJOURNMENT: With no further business before the City Council and without objection, Mayor Tait adjourned the meeting of September 11, 2018 at 8:01 P.M. in memory of all the victims and first responders of 9/11. Respectfully submitted, resa Bass, MC City Clerk