Loading...
11/13/2018ANAHEIM CITY COUNCIL REGULAR MEETING OF NOVEMBER 13, 2018 The regular meeting of November 13, 2018 was called to order at 3:06 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 November 9, 2018. PRESENT: Mayor Tom Tait and Council Members Jose F. Moreno, Kris Murray, Denise Barnes, and Stephen Faessel. Council Member James Vanderbilt joined during closed session. ABSENT: Council Member Kring STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk Linda Andal. ADDITIONS\DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Paul Hyek spoke in support of the new homeless shelter and noted he would be attending a Police Chief's board meeting to address Mercy House. Brian Moyes, Moyes Custom Furniture, spoke of the termination of his lease and relocation of his business due to the site becoming a homeless shelter. CLOSED SESSION: At 3:16 P.M., Mayor Tait recessed to closed session for consideration of the following: PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 (b)(1) of the California Government Code) Position: City Clerk 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Jason Motsick, Acting Human Resources Director Position: City Clerk 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of the California Government Code Section 54956.9: One potential case 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 Name of Employee Organization: Anaheim Police Management Association City Council Minutes of November 13, 2018 Page 2 of 24 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the California Government Code) Property: Assessor Parcel Number: 232-072-06: 2626 E. Katella Ave, Anaheim, CA 92806; Assessor Parcel Number: 253-601-02: 1621 S. Douglass Rd, Anaheim, CA 92806; Assessor Parcel Number: 253-521-16 and 253-521-17: 2695 E. Katella Ave, Anaheim, CA 92806 Agency Negotiators: Chris Zapata, City Manager; Linda Andal, City Clerk; and Tom Morton, Executive Director of Convention, Sports & Entertainment Negotiating Parties: Anaheim Arena Management and City of Anaheim Under Negotiation: Price and Terms of Payment 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the California Government Code) Property: 3431 La Palma Avenue, Anaheim, CA Agency Negotiators: Chris Zapata, City Manager; John Woodhead, Community and Economic Development Director Negotiating Parties: City of Anaheim and Bill Taormina Under Negotiation: Price and Terms of Payment At 5:28 P.M., the City Council session was reconvened. INVOCATION: Reverend Jon Turner, Orange County Buddhist Church FLAG SALUTE: Mayor Pro Tem Jose F. Moreno PRESENTATIONS: Recognizing Anaheim students participating in Boys State and Girls State, Summer 2018 Mayor Tait recognized the Anaheim students of the Boys State and Girls State, noting it is one of the most respected and selective programs of government instruction for high school students. Angie Balius described the program's activities which include legislative sessions, court proceedings, choir, and recreational programs. Cindy Mayfield, American Legion Auxiliary, shared that they are the largest non-profit organization for military men, women, and veterans and advised that this program helps enable young men and women for future leadership positions. Recognizing Frankie Hernandez upon retirement after 35 years with the City of Anaheim Mayor Tait recognized Frankie Hernandez on his retirement from the City of Anaheim with his most recent position being Public Works Operation Supervisor. Mayor Tait noted that Mr. Hernandez also served with the United States Marine Corp, where he received the title of Marksmanship Instructor, and was an active member of the American Legion Post 72. Public Works Director Rudy Emami thanked Mr. Hernandez for his 35 years of service and dedication to the City. City Council Minutes of November 13, 2018 Page 3 of 24 ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS: 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. R. Joshua Collins, Homeless Advocates for Christ, reported on his outreach efforts and encouraged Council to look into laws that impact the homeless population. Mike Robbins highlighted that it was Hunger and Homeless Awareness Week and encouraged the City Council to revisit Bill Taormina's homeless plan. William Fitzgerald, Homeowners Maintaining Our Environment, addressed City Council regarding Disney's influence on City Council positions. Bill Postma spoke of the homeless conditions at Maxwell Park and encouraged Council to move forward with building the homeless shelters so safety in the park can be achieved. Curtis Gamble, homeless activist, spoke of his eight years of homelessness and stated that due to his service and respective VA benefits, he has been able to afford an apartment. He spoke of meal locations for the homeless and encouraged City Council to review Anaheim Code Section 18.38.125, Emergency Shelters, which allows churches located in an industrial zone to have up to 50 people in an emergency shelter by right on a first-come, first -serve basis. Michael Knight spoke of his experience with remote neuromonitoring and he strongly believed that doctors were being paid to implant citizens unknowingly. Chris Vance, owner of Piano Empire, spoke of the homeless shelter that was opened by the County of Orange three years ago, the impact it has had to his business, and asked Council to consider his property to lease or purchase for location of a homeless shelter. Paul Hyek lent his support regarding the purchase of the La Palma location for a homeless shelter. Mike Hadley presented a police report in which he alleged the officer fabricated evidence against his daughter for the sake of arresting her and requested the audio and video recording of the incident from the Anaheim Police Department. Matt Bates, City Net, expressed his support for Item Nos. 21 and 22, stated City Net supported the operators that have been selected to build the homeless shelters, and they were happy to partner with them. He advised that City Net has been contracted to conduct the Point -in -Time counts in January 2019 and encouraged the public to volunteer in the effort. Jennifer Aires supported Mr. Knight's claim that remote neuromonitoring was occurring. Ms. Aires addressed the Recreational Vehicle (RV) residents of Anaheim and advised that many RV owners have received numerous citations leaving them in jeopardy of losing their vehicles, which are their main residences. City Council Minutes of November 13, 2018 Page 4 of 24 Kenneth Batiste spoke about permanent housing for homeless and thanked City Council for the food bank. Dilip Punjabi addressed Item No. 21 and advised that his business would be two doors down from the proposed facility. He did not believe that the business owners were given enough time to discuss the issue and was concerned for the safety of the area and his employees. Mark Whisenant spoke of the RV situation and the frequency of citations issued to him. He stated he received two tickets in 24 hours and when appealing the citations, his request were denied. Wally Courtney thanked the departing Council Members for their service to Anaheim. He spoke of the Anaheim Stadium and the lease with the Angels and asked City Council to have the property appraised and think of the best interest of the tax payers. Michelle Murphy, Orange County United Way, spoke of the United to End Homelessness campaign committed to educating minds and changing hearts to build strong community support to end homelessness and urged residents to visit their social media and support the campaign. Peter Chen, Anaheim business owner, thanked Council for their efforts to address homelessness, but was not supportive of the proposed agreement to purchase the La Palma property for a homeless shelter. He encouraged Council to postpone their decision in order to provide further data to the business owners in the area. Peter Herzog, Commercial Real Estate Development Association, addressed Item No. 25, the public art issue. Mr. Herzog stated that it was their understanding that they will not pursue a fee now or in the future and that the public art concept will be based upon property owned by the city and not on private property. He stated that if this was the case, they have no opposition to No. 25. Benita Gagne, Better Way Anaheim, stated she has picked up and dropped off program participants to the Bridges at Kraemer Facility and noted the security staff has always expedited her visit, she has not seen loiterers, and she only sees participants from the program. Jeff Krolosky, Citizen's Lending Group, expressed concern about the La Palma location for the new homeless shelter and requested Council postpone the vote to review the plan and Chris Vance's property. Tom Fielder, Anaheim resident and homeless advocate, expressed support for affordable housing for low-income individuals and permanent supportive housing. Heidi Zimmerman spoke of the health and living conditions of her 80 -year old friend who lives in her local park and requested Council's assistance. City Councii Minutes of November 13, 2018 Page 5 of 24 "The Cameraman" spoke of the security sign procedures at the Gordon Hoyt Conference Room where the Anaheim Police Review Board meeting was held, which he believed was a violation of the Brown Act. He also highlighted that November 18th is the 40th Anniversary of the Jonestown Massacre. Mayor Tait asked City Attorney Fabela to review the identification process at this location and the access to public meetings. Michael Shonafelt, attorney representing Anaheim Canyon Business Group, spoke of the La Palma property purchase and believed that both the City Zoning Code and the California Environmental Quality Act processes had been side stepped because of the timeline of the project, and noted that while Municipal Code Section 18.38.126 authorized emergency shelters in industrial zones, it cannot be in a location where a housing property was within 1000 feet. David Klawe spoke of the homeless shelters and asked Council to return parks to their original intended use. Wes Jones thanked Council for the impending shelter, felt that the 90 -day limit will not work because there was no affordable housing for these individuals, and commended Council for the Chrysalis job program. Jeanine Robbins, homeless advocate, spoke of her request to recognize National Hunger and Homelessness Awareness Week and expressed her support for Mr. Taormina's shelter proposal because it provided more services than the La Palma facility. Mark Richard Daniels, Anaheim Cultural & Heritage Commission, District 1, spoke of the homelessness situation. A male speaker stated he attended the Anaheim Police Review Board and inquired of the sign -in procedures. He expressed concerns with the Chaparral Park shooting and advised that more safety measures need to be put in place in the parks. Yesenia Rojas, Anna Drive, thanked Mayor Tait for his service helping their community connect to their hometown. Dr. Rick Mourier addressed Item No. 17 and expressed concerns with the process, due to the transfer of maintenance to his Homeowner's Association, and there was little he could do about their fire -ravaged landscape without some assistance from the City. Mayor Tait asked City Manager Zapata to look into Mr. Moyer's issue. Lou Noble, homeless advocate, spoke to City Council about moving forward with the emergency shelters on the agenda. Pat Davis spoke of her organization and their Thanksgiving dinner program and expressed concerns with the La Palma project. Bryan Kaye spoke of a police incident and stated there was no evidence of him resisting arrest. City Council Minutes of November 13, 2018 Page 6 of 24 COUNCIL COMMUNICATIONS: Council Member Faessel acknowledged the loss of life and property from the California wildfires and announced Metropolitan Water District member Glen Peterson lost his home in the Woolsey fire. He also announced the passing of Anaheim resident Margaret Heim Peter and requested the meeting be adjourned in her memory and for those who lost their lives in the fires. Mayor Tait announced Chrysalis's ribbon -cutting and thanked them and staff for bringing the program to Anaheim. He acknowledged the effects of fires statewide and requested a workshop covering evacuation plans for the city, particularly Anaheim Hills. He further requested an updated appraisal of the stadium property to assist in negotiations with the Angels. Council Member Barnes thanked all who speak about city issues, shared the services provided by Chrysalis to assist the community, reported her attendance at the Ball Junior High School Kindness Way event, stated she met with the Red Cross about emergency and disaster preparedness, and requested an expansion of the Neighborhood Watch program. CITY MANAGER'S UPDATE: City Manager Chris Zapata reported Council declared a shelter crisis in August and the City recently reached a settlement agreement with Judge Carter in regards to homelessness. He stated three agenda items, Nos. 19, 21, and 22, would provide further flexibility and funding to address challenges, in conjunction with willing partners. In regards to the city's financial situation, he announced a workshop at the next Council meeting to review the 1996 bond issuance, discuss its current situation, and look at options. CONSENT CALENDAR: At 7:54 P.M., the consent calendar was considered. Council Member Vanderbilt removed Item No. 18, Council Member Murray removed Item No. 17, and Mayor Pro Tem Moreno removed Item No. 07 for further discussion. MOTION: Council Member Barnes moved to adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished to 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, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. 1. Receive and file minutes of Public Utilities Board meeting of September 26, 2018. 8105 2. Approve a proclamation recognizing Anthony AI -Jaime for his valuable work with the D116 Sister City Commission. 3. Approve the Investment Portfolio Report for September 2018. D117 City Council Minutes of November 13, 2018 Page 7 of 24 4. Accept the bid from B & H International, in the amount of $89,196.80 plus applicable tax and a 15% contingency, for the as -needed purchase of Bosch traffic CCTV equipment D180 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 #9200. 5. Accept the bid from West -Lite Supply Co., Inc., in the amount of $41,648.81 plus applicable tax and a 15% contingency, for the purchase of lights, lamps, and ballasts for D180 a one year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9155. 6. Accept the bid from Academy Electric, Inc., in the amount of $47,808 plus a 15% contingency, to provide regular testing and inspection, and as -needed repairs, for lighted exit signs in buildings throughout the City for a one year period with up to four one-year D180 optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #9150. 8. Approve the Agreement for Acquisition of Real Property with the Southern California Gas Company, in the acquisition payment of $952,849, for property located at 1919 AGR# South State College Boulevard for a portion of right-of-way for a Street and Public Utility 11281 Easement for the Gene Autry Way Improvement Project (Westside Drive to State College Boulevard and State College Boulevard (west side) from Artisan Court to Gateway Office) (R/W ACQ 2017-00909; APN 232-121-20). 9. Approve a Second Amendment to License Agreement with Clear Channel Outdoor, Inc., AGR# for bus shelters to extend the initial term by two years, from 15 to 17 years through December 2020, with up to three one-year extensions and authorize the Public Works 1992.2 Director to approve the extensions. 10. Approve and authorize the City Manager to execute a Workforce Innovation and AGR# Opportunity Act Training Program Agreement and a CalWORKs Vocational Training 11282; Program Agreement with Meta Business School, LLC dba California Institute of Management and Technology, each in an amount not to exceed $50,000, for the 11283 provision of occupational skills training for adults and dislocated workers each effective October 1, 2018 through June 30, 2020, and authorize the Workforce Development Manager, or designee, to administer the agreements. 11. Approve and authorize the City Manager, or designee, to execute and administer a Professional Services Agreement with RSG, Inc., in an amount not to exceed $100,000, AGR# for on-call economic development and real estate advisory consulting services to 11284 support the Community & Economic Development Department for a one year term beginning November 1, 2018, with two one-year optional extensions. 12. Approve a consulting services agreement with NewGen Strategies and Solutions, LLC, in an amount not to exceed $86,531, for electric utility cost of service studies for a three - AGR# 8251.13 City Council Minutes of November 13, 2018 Page 8 of 24 year term, with two optional one-year extensions not to exceed $47,816, and authorize the Public Utilities General Manager, or designee, to execute the agreement and related documents and take the necessary actions to implement and administer the agreement. 13. Authorize the expanded utilization of the Low Carbon Fuel Standard (LCFS) Program Credit proceeds for, among other things, to assist income -qualified customers with expanded access to electric vehicles (EV), promote EV education and adoption of City of D182 Anaheim and school fleet EVs, and to supplement grants and external funding for EV proliferation and EV demonstration programs; authorize the Public Utilities General Manager, or designees, to utilize LCFS Program Credit proceeds (Proceeds) each fiscal year, in an amount that does not exceed actual proceeds received, for any and all Public Utilities General Manager approved uses that encourage the proliferation of EVs consistent with state law including, but not limited to, the negotiation and execution of lease or lease to purchase agreements for fleet EVs, and determine the agreements, activities, and undertakings are exempt from the California Environmental Quality Act pursuant to Sections 15060(c)(3), 15061(b)(3), 15273(a)(2), 15303(e), and 15378(b)(4) of Title 14 of the California Code of Regulations. 14. RESOLUTION NO. 2018-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain P124 real properties or interests therein (City Deeds Nos. 12231, 12232, 12236, 12237) (for current and future public right-of-way purposes). 15. RESOLUTION NO. 2018-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain P124 real properties or interests therein (City Deeds Nos. 12234 and 12235) (Gene Autry Way and State College Improvement Project). 16. RESOLUTION NO. 2018-135 A RESOLUTION OF THE CITY COUNCIL OF THE Pilo CITY OF ANAHEIM amending Resolution 2018-124 Nunc Pro Tunc, relating to vacation of Public Utility Easements located at 3319 and 3321 West Lincoln Avenue pursuant to California Streets and Highways Code Section 8330, et seq. - Summary Vacation (ABA2018-00378). 19. ORDINANCE NO. 6450 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) M142 of the Anaheim Municipal Code relating to emergency shelters and finding and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15060(c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment (to clarify location, permitting and operational requirements and provide regulatory relief in the event of a declaration of a shelter crisis). 20. Approve minutes of Council meetings of June 19, 2018, July 17, 2018 and July 31, 2018. D114 City Council Minutes of November 13, 2018 Page 9 of 24 END OF CONSENT CALENDAR: 7 Waive Council Policy 4.1 and approve an agreement with Brick Curriculum Design and Consulting, LLC, in an annual amount not to exceed $175,000, for consulting services AG R# related to the Public Safety Career Pipeline Program through October 1, 2019 with two 9561.A one-year optional renewals and authorize the Chief of Police to execute any amendments or optional renewals under the terms and conditions of the agreement. Police Chief Jorge Cisneros presented the report, advising that the program was intended to educate students about public safety career opportunities and to bridge the gap between the Junior Cadet age group and the Police Explorers for a continuous path through high school, and recommended approval of the program. DISCUSSION: Mayor Pro Tem Moreno expressed his excitement for the program and asked for further information about the consulting services fee and the assessments Brick Curriculum Design and Consulting, LLC would provide. In response, Deputy Chief Julian Harvey advised that the contract amount was built for capacity. He advised that historically, each year the program used far less than the "not to exceed amount" but staff was always looking to bring in subject matter experts. He further advised that one of the deliverables of the program was to bring it forth into the high school level. Consultants were actively working with the Anaheim Police Department and have met with several high schools in Orange County to determine pathway programs. Deputy Chief Harvey stated the ultimate goal as to hire more people that grew up in Anaheim. Mayor Pro Tem Moreno asked if there was data indicating students' grades before and after participating in the program. Deputy Chief Harvey advised that this was an elective for eighth grade students and he did not have that data readily available. Council Member Faessel asked if any of the program participants were moving towards a public safety career. Deputy Chief Harvey confirmed that some of the participants have become explorers at the Police and Fire Departments. Council Member Vanderbilt asked if it there was a driver that directed participants towards becoming a Police Officer with the Anaheim Police Department. Chief Cisneros indicated that they do not have the data but will work towards providing some assessments that can give an overall idea of how well the program is working. MOTION: Mayor Pro Tem Moreno moved to Waive Council Policy 4.1 and approve an agreement with Brick Curriculum Design and Consulting, LLC, in an annual amount not to exceed $175,000, for consulting services related to the Public Safety Career Pipeline Program through October 1, 2019 with two one-year optional renewals and authorize the Chief of Police to execute any amendments or optional renewals under the terms and conditions of the agreement, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. City Council Minutes of November 13, 2018 Page 10 of 24 17. ORDINANCE NO. 6447 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Section 17.06.131 (Slope Planting General) of Chapter 17.06 (Grading, Excavations and Fills in Hillside Areas) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code relating to planting materials on slopes and making findings and determinations in connection therewith. ORDINANCE NO. 6448 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code relating to tree preservation in the scenic corridor overlay zone and making findings and determinations in connection therewith. Determine that the proposed code amendments are exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act Guidelines, Section 15301, Class 1 (Existing Facilities) and Section 15304, Class 4 (Minor Alterations to Land). Determine that the proposed code amendments are exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act Guidelines, Section 15301, Class 1 (Existing Facilities) and Section 15304, Class 4 (Minor Alterations to Land). Planning and Building Director David Belmer presented the report, indicating that the ordinances were a direct result of the Canyon 2 Fire. Through that fire, the City learned that what was planted around residents' homes had a direct relationship on how effective the City can be in fighting fires and providing fire prevention. Mr. Belmer reported that Title 17 currently only dealt with slope stability but not fire resistant materials and shrubs and these ordinances were intended to make that correction. He further advised that Title 18 removed Eucalyptus trees from the protection of the Specimen Trees ordinance, so residents would no longer need a permit to remove them. Additionally, Mr. Belmer stated he would work with Dr. Moyer regarding his situation. DISCUSSION: Council Member Murray thanked Mr. Belmer for his report and supported the ordinances. Mayor Tait asked if a burned -out tree required a permit even it was a specimen tree. Mr. Belmer advised that a permit as required but it was now easier under this ordinance. Council Member Vanderbilt asked if there was a list of trees that were recommended and Mr. Belmer advised the extensive list was included in the staff report. MOTION: Council Member Murray moved to introduce ORDINANCE NO. 6447 AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 17.06.131 (Slope Planting General) of Chapter 17.06 (Grading, Excavations and Fills in Hillside Areas) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code relating to planting materials on slopes and making findings and determinations in connection therewith, to introduce ORDINANCE NO. 6448 AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code relating to tree preservation in the scenic corridor overlay zone and making findings and City Council Minutes of November 13, 2018 Page 11 of 24 determinations in connection therewith, and determine that the proposed code amendments are exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act Guidelines, Section 15301, Class 1 (Existing Facilities) and Section 15304, Class 4 (Minor Alterations to Land), and determine that the proposed code amendments are exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act Guidelines, Section 15301, Class 1 (Existing Facilities) and Section 15304, Class 4 (Minor Alterations to Land), seconded by Mayor Tait. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Ordinances introduced; motion carried. 18. ORDINANCE NO. 6449 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 4.10 (Commercial Solicitation In The Resort Area); M142 Chapter 4.52 (Peddlers and Solicitors); Chapter 12.12 (Streets and Sidewalks); Chapter 13.08 (Public Parks); and, Chapter 14.32 (Parking and Stopping) to regulate sidewalk vendors pursuant to Senate Bill No. 946 and finding 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 environment and because it is not a project as defined in Section 15378 of the CEQA Guidelines. Planning and Building Director David Belmer advised that this was a City -initiated item that pertained to sidewalk vending. Mr. Belmer shared that, currently, sidewalk vending is not allowed in the City of Anaheim but the State has issued a new law, Senate Bill 946, which allows sidewalk vending unless there is an immediate hazard to public safety and welfare. The proposed ordinance conforms to Senate Bill 946 in which public vending will be allowed with a City license and a permit, except within the Resort Area. He further advised that studies have not been conducted in regards to the effects of street vending in parks. Discussion: Council Member Vanderbilt expressed concern that the perception of the public would be that certain areas of the city would have protected status and that residential areas would be subject to the increased noise and traffic from street vendors. Community Preservation and Licensing Manager Sandra Sagert addressed the fact that the ordinance prohibits vending in areas adjacent to residential neighborhoods and that noise ordinances already in place would also apply to street vendors. She further explained that these ordinances can also be utilized to deny or revoke permits to vendors who are creating a public nuisance. Ms. Sagert reported that permits are photo IDs that must be displayed prominently on carts so that neighborhood residents can easily identify and report vendors who are creating a disturbance. Mr. Belmer clarified that permits can only be revoked after the fourth violation. Council Member Faessel brought up the issue of push -cart vendors around schools and advised that push -cart vendors were parking on private properties when the sidewalks were full of students after school and leaving trash on these properties, creating health issues. He asked for clarification about criteria for vendors applying for permits and what rules they will be expected to abide by. City Council Minutes of November 13, 2018 Page 12 of 24 Ms. Sagert pointed out that there are existing sections in the code related to trash and vendors cleaning up around their areas but there was currently no requirement in the permit process that a health permit be included, and she would investigate. Code Enforcement Supervisor Sylvia Frias noted that there were existing regulations regarding mobile food vendors and that the ordinance being proposed does not change any of the existing regulations; currently all food vendors are required to have a County Health Department permit. She stated sidewalk food vendors would now be required to have a City of Anaheim permit as well, and when they apply for the City permit, they will have to present proof of having a County Health permit. Mayor Pro Tem Moreno discussed the ways the new State law will help immigrant entrepreneurs to start out. He questioned the limitation of prohibiting street vendors in the Resort Area where tourists may be seeking them out as well as the policy of forcing food vendors with code violations to throw away good food. Council Member Murray thanked staff for coming up with approaches to regulate and balance the new law. She encouraged balance and good oversight to keep those who may abuse the new authority they have from overrunning public spaces. Council Member Vanderbilt asked about stationary vending in residential areas and Ms. Sagert clarified that only mobile vendors were allowed in residential areas. Council Member Vanderbilt asked for a definition of stationary vendors and Ms. Sagert stated that mobile vendors were defined as carts that have wheels and roam and that the definition is included in the City Code and State law. Council Member Vanderbilt suggested that he may abstain until there was more clarification. Council Member Faessel asked about vendors with pop-up tents who conduct multiple transactions in one location. Mr. Belmer answered that they would look into this issue. Mayor Pro Tem Moreno asked whether children who set up temporary vendor stands, such as Girl Scouts selling cookies or a child with a lemonade stand, were violating the current law. Ms. Frias advised that technically they were but that this was a complaint -based ordinance. Mayor Tait appreciated Mayor Pro Tem Moreno's comments about the current culture and he encouraged Council Members to bring amendments in the future. MOTION: Mayor Pro Tem Moreno moved to introduce ORDINANCE NO. 6449 AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 4.10 (Commercial Solicitation In The Resort Area); Chapter 4.52 (Peddlers and Solicitors); Chapter 12.12 (Streets and Sidewalks); Chapter 13.08 (Public Parks); and, Chapter 14.32 (Parking and Stopping) to regulate sidewalk vendors pursuant to Senate Bill No. 946 and finding 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 environment and because it is not a project as defined in Section 15378 of the CEQA Guidelines, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members Moreno, Murray, Barnes, and Faessel). NOES — 0. ABSENTION — 1 (Council Member Vanderbilt) ABSENT — 1 (Council Member Kring). Ordinance introduced. City Council Minutes of November 13, 2018 Page 13 of 24 Without objection, the agenda was taken out of order, Item No. 22 was addressed prior to Item No. 21. 22. Approve an agreement with Salvation Army to fund and help develop a temporary low - barrier 200 bed temporary homeless shelter on the Army's land located at 1340 S. Lewis AGR# Street, Anaheim, California, in the total contract amount not to exceed $14,000,000, for a 11285 two year period, for site development, procurement, client assessment and full wrap- around services to provide immediate shelter to Anaheim's homeless; determine this action to establish and operate a temporary homeless shelter during a shelter crisis is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 (categorical exemption for existing facilities), 15303 (categorical exemption for new construction or conversion of small structures), in -fill development projects) of Title 14 of the California Code of Regulations; and, that none of the exceptions to the categorical exemptions identified in CEQA Guidelines Section 15300.2 apply, and increase City Administration Fiscal Year 2018/19 budget, in the amount of $2,700,000. City Clerk Linda Andal presented the item, provided a brief history of the need for the shelters, and advised that, without additional shelter space, the City cannot fully address the concerns from residents and businesses about the impact of the homeless. Mike Lyster, Chief Communications Officer, spoke about outreach efforts for this project which included keeping the public informed via websites with fact sheets about the project sites and other information as well as face-to-face meetings and informational open houses for the public. He has held informational open houses and has met with about 80 members of the public. Ms. Andal thanked Paul Leon, CEO of Illumination Foundation, for attending one of the open houses and being available to answer questions. Ms. Andal reported on the Salvation Army property site for a temporary shelter with an opening date sometime in January 2019. The current site has a warehouse for thrift store operations and a 175 -person residential facility for drug and alcohol recovery, known as the ARC or Adult Rehabilitation Center, that has been in operation since 1986 with no significant issues for the city or neighboring businesses. Public Utilities General Manager Dukku Lee reported that the selected location is in an industrial area, which provides some isolation from the surrounding community. He offered an overview of the scope of work and services and how they were preparing the site to offer these services. He covered staffing and security of the site. Ms. Andal stated that staff understands the concerns of community members that come with the construction of a shelter, used Bridges at Kraemer as an example of a shelter that has successfully co -existed in the community, and advised that this would be their model for the new shelter. Ms. Andal shared the impact of the homeless that have been shared from businesses and residents and that these sites will help them to address these issues effectively. Ms. Andal spoke about the plan for these temporary centers to transition into Center of Hope, which would be a permanent 400-600 bed center at the Salvation Army location. The Center of Hope model has proven successful in other locations in transitioning people off the streets and into stable, productive lives and that this would be at no on-going cost to the city. Center of Hope would be a long-term solution to help people off the streets. Ms. Andal understood the City Council Minutes of November 13, 2018 Page 14 of 24 financial impact this will have and advised that the project will look to utilize Federal, State, and City funding. DISCUSSION: Mayor Tait reminded everyone that the City Council has declared a State of Emergency in regard to the issue of homelessness; the law states that people cannot be removed from public spaces unless there is a place for them to go, and that is what this agreement addresses. He thanked the Salvation Army for their work on this major operation and for the funding they will put into the permanent shelter. He spoke about the long-term cost of not building these shelters versus the short-term cost of building. Council Member Vanderbilt talked about the success of Bridges being related to access on and off the site being through a shuttle vehicle. He expressed concern about other Salvation Army locations have been more free-flowing and asked for reassurance that this would be more monitored in the way Bridges was monitored. Ms. Andal reiterated that they were basing their plan on the Bridges model. Captain Nesan Kistan, Salvation Army, noted that homeless services are the first priority for the Salvation Army and that their work with the homeless was intended to be holistic and comprehensive, rather than a band-aid solution. Captain Kistan further advised that there will be provisions for pets, medical, dental, and mental health. Mayor Tait expressed excitement and appreciation for their plans. Council Member Faessel shared concerns his District 5 neighbors have expressed to him and, while he supports the shelter, he wants his residents to be heard, especially since District 5 already hosts the Bridges homeless shelter. He further advised that due to the lawsuit, the cities of Anaheim and Santa Ana were already pulling a lot of weight Council Member Faessel was also concerned because he still has not heard what the final homeless count is and wanted to know how a shelter with 325 beds will be utilized, as some of the homeless population may be service and/or shelter -resistant. He hoped there was a Plan B if all of the beds were not required so taxpayer money was not wasted. Council Member Faessel expressed his disappointment and anger with the lawsuit that Anaheim was faced with, given how much the City has done for the homeless community, and how this has impacted his residents' perception of issues of homelessness. He wanted to be sure that his residents were aware of the fact that they have no other choice than to provide shelter and they must do what is necessary. Council Member Faessel also spoke about the need to provide jobs for shelter residents once they have been through the program. Mayor Tait said that Anaheim was solving Anaheim's homeless problem with this and treating people in a humane way in helping them get back on their feet. Mayor Pro Tem Moreno talked about data from the United Way's United to End Homelessness campaign. Their study showed the economic impact of leaving homelessness unresolved and he found this a more efficient use of resources for long-term sustainability of budgets. Mayor Pro Tem Moreno asked the Salvation Army about the plan for people who are moved to the facility by police, code, or for other reasons and asked what the time length for their stay would be and how they will be transitioned to housing. Captain Kistan replied that there will be no time limit and that they will try to transition people from an emergency crisis point to temporary and permanent support housing. Captain Kistan reported that they will have City Council Minutes of November 13, 2018 Page 15 of 24 caseworkers and will work in collaboration with other agencies to help move people along to a long-term transitional plan. Mayor Pro Tem Moreno asked about the plan for permanent housing and Captain Kistan advised that phase one in the plan is emergency housing and phase two is supportive living and helping people to become self-sufficient. Mayor Pro Tem Moreno asked about the $14 million budget and Ms. Andal clarified that the proposed budget was up to $14 million, but it might end up being significantly less. Ben Hurst, Salvation Army, clarified that the City asked them for a not -to -exceed amount to which they felt $14 million which was robust enough to cover the unknowns. Mr. Hurst reassured City Council that they will work diligently not to spend any more than needed. Mayor Tait asked if the actual budget might be far less than $14 million and Mr. Hurst pointed out that the majority of the budget was actually going to direct services and that Salvation Army was not looking to build a $14 million structure. Council Member Murray acknowledged that the City has taken a leadership role for the County on providing services for the homeless population for many years. She acknowledged Kristine Ridge, former Anaheim Assistant City Manager, who helped put together initial programming in 2014 and city staff who work overtime to engage in the community. Council Member Murray acknowledged Bridges at Kraemer as the County's first year-round shelter, which has set the bar for having no adverse impacts to the community. Mayor Tait thanked Ms. Andal for all of her hard work over the last few months on this matter. MOTION: Mayor Tait moved to approve an agreement with Salvation Army to fund and help develop a temporary low -barrier 200 bed temporary homeless shelter on the Army's land located at 1340 S. Lewis Street, Anaheim, California, in the total contract amount not to exceed $14,000,000, for a two year period, for site development, procurement, client assessment and full wrap-around services to provide immediate shelter to Anaheim's homeless; determine this action to establish and operate a temporary homeless shelter during a shelter crisis is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 (categorical exemption for existing facilities), 15303 (categorical exemption for new construction or conversion of small structures), in -fill development projects) of Title 14 of the California Code of Regulations; and, that none of the exceptions to the categorical exemptions identified in CEQA Guidelines Section 15300.2 apply, and increase City Administration Fiscal Year 2018/19 budget, in the amount of $2,700,000, seconded by Mayor Pro Tem Moreno. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. 21. Consider the following actions regarding the purchase of property located at 3431 East A123 La Palma Avenue to construct a temporary 125 emergency bed shelter and authorize provider services: Approve the Agreement for Sale of Property and Joint Escrow Instructions, in substantial form, in the amount of $4,900,000, with ARMO CORP for the property located at 3431 East La Palma Avenue (Property), for purposes of constructing a temporary 125 -bed homeless shelter, and authorize the Director of Community and Economic Development, or his designee, to execute and administer the agreement, and other documents as may be necessary to consummate the transaction. City Council Minutes of November 13, 2018 Page 16 of 24 Determine that the best interests of the City of Anaheim are served by authorizing and approving the transactions contemplated herein, which include among other things, the waiver of the requirements of Anaheim Municipal Code Chapter 10.06 (Design -Build Contracting for Public Works Projects) pursuant to Resolution No. 2018-118, declaring a shelter crisis, among other actions, authorize the Public Works Director, or designees, to execute and deliver a Design Build Agreement with a selected licensed contractor for the design and construction of the Project, in an amount not to exceed $2,000,000, and the waiver of irregularities, if any, in any of the proposal documents, authorize the City Manager to execute all other related documents and to take such actions as are necessary to implement and administer the Design Build Agreement; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions in accordance with Public Contract Code section 22300. Waive Council Policy 4.1 and approve and authorize the City Manager to enter into an agreement with Illumination Foundation that shall be reviewed and approved by the City Attorney, for site design and operation of the temporary homeless shelter for one year with two one-year renewal options, in the amount of $2,515,625 per year. Determine this action to establish and operate a temporary homeless shelter during a shelter crisis is categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (categorical exemption for existing facilities), 15303 (categorical exemption for new construction or conversion of small structures), 15304 (categorical exemption for minor alterations to land), and 15332 (categorical exemption for in -fill development projects), and none of the exceptions to the categorical exemptions identified in CEQA Guidelines Section 15300.2 apply. Increase the Public Works Fiscal Year 2018/19 budget by $2,000,000, Community Development Department's Fiscal Year 2018/19 budget by $4,900,000, and City Administration Fiscal Year 2018/19 budget by $1,250,000. Executive Director of Community Development, John Woodhead, presented the item relating to the transaction of the property owned by ARMO Corporation. He advised that ARMO CORP, a Nevada corporation, owns an approximately 41,818 square foot parcel of real property with an approximately 16,900 square foot building located at 3431 East La Palma Avenue. The seller has offered to sell the property to the City at fair market value so the City can develop a temporary emergency homeless shelter. Mr. Woodhead explained the property is ideal in terms of location and size of the building for such a use. Immediately upon the transfer of the property to the City, the City intends to construct improvements to the building and subsequently enter into an agreement for the operation of the shelter. The terms of the sale provide for a purchase price of $4,900,000, with the seller relocating the building's current tenant and closing escrow on an extremely expedited basis. The seller agreed to grant access to the building to City staff so that the City can commence construction of improvements immediately upon the tenant's vacation of the building. In order to commence construction, staff is requesting that the Public Works Director be authorized to enter into agreements for those improvements, provided that expenditures do not exceed $2,000,000. The proposed Project converts the existing space into a 125 -bed homeless shelter. The changes to the interior of the industrial building are needed to accommodate the proposed residential use. The tenant improvements may include, but are not limited to, plumbing, electrical, flooring, ceilings, partitions, HVAC, and fire protection. Other improvements may include outdoor storage, animal kennels, benches, fences, walks and furniture, fixtures and equipment. To help expedite the project, the City plans to utilize Design- City Council Minutes of November 13, 2018 Page 17 of 24 Build as its preferred project delivery method. This method allows for concurrent phasing and constant collaboration between the project team, while establishing the ability to make real time changes to improve the product while maintaining at tight project schedule. The method involves contracting with a single entity for the design and construction of the project. The Design -Build entity will provide appropriately licensed contracting, architectural, and engineering services. Staff will negotiate a contract scope and price based on the performance criteria, project approach, schedule, minimum entity qualifications, and any other information necessary to deliver the project. Alternatively, the Design -Build -Bid method can take much longer since each phase is done independently and is contingent on the previous phase. Construction is scheduled to begin early December; to be substantially completed early January. In addition, pursuant to CEQA Guidelines Sections 15301, 15303, 15304, and 15332, this action to establish and operate a temporary homeless shelter during a shelter crisis is categorically exempt from CEQA. None of the exceptions to the categorical exemptions identified in CEQA Guidelines Section 15300.2 apply to this project. In addition to commencing construction immediately, Mr. Woodhead explained it was imperative to have an experienced service provider selected to ensure the shelter is accurately designed to meet the needs of this population as well as adequately support the services required. Illumination Foundation operates 16 shelters and recuperative care facilities for the homeless and chronic homeless population throughout Orange County, Los Angeles, and the Inland Empire. They have been engaged in the federal court hearings and are intimately familiar with the needs and services required. Illumination Foundation intends to staff the 125 bed shelter with at least 21 employees, including a program manager, licensed therapist, case managers, housing navigator, substance use counselor, and crisis liaisons. To ensure no adverse impact to businesses, community, and the surrounding area, city staff and Anaheim PD will work with Illumination Foundation to develop an operational and security plan prior to opening, similar to Bridges at Kraemer. Illumination Foundation will place surveillance cameras, employ security, and ensure the perimeter is free of loitering. This shelter is intended to be temporary for up to three years, to address the immediate shelter crisis. It is anticipated that with increased resources and services, up to 400-600 new shelter beds at the Center of Hope and the regional efforts of the North SPA to share beds once all shelter beds in the northern region are built, the need for emergency shelters may reduce and allow the city to use this new city asset for other purposes. DISCUSSION: Council Member Faessel inquired about operation of the facility and addressed concerns presented earlier that this model would be less than the services provided under a model proposed earlier. Paul Leon, Illumination Foundation, stated that they would not have accepted this model if they thought it would provide significantly less service and that their program would deal specifically with mental health and substance abuse. He stated that the current proposal was unique as it has a permanent supportive housing on the back end and advised that they currently have 600- 700 individuals in permanent housing. This model fits in an emergency shelter where clientele can be introduced to services and then moved almost immediately to permanent supportive housing. Mr. Leon also advised that neighborhoods that currently have shelters in their area are asking them to expand because they are seeing decreased numbers of homeless on the streets. Council Member Faessel asked if this site had taken precedence over another site they had talked about and Mr. Leon answered that as their long-term goal is permanent supportive City Council Minutes of November 13, 2018 Page 18 of 24 housing, this facility offered a perfect opportunity to triage individuals before moving them to permanent housing. Council Member Faessel asked about the $2.5 million budget for the facility. Mr. Leon responded that one of the priorities was to provide quality beds rather than cots. Council Member Faessel said he was reassured after this discussion that this program would not be inferior to the original plan. Mayor Tait brought up the concerns of the surrounding neighbors not feeling safe with the presence of people loitering in front of businesses and asked Mr. Leon to address those concerns. Mr. Leon stated that he would not run a shelter that he would not feel comfortable having next to his house and that they will control the services, address mental health and substance abuse, and will do everything they can to keep the facility clean and neat. Council Member Murray asked if an appraisal was done for the property. Mr. Woodhead confirmed that an appraisal was completed in September 2018 and came in at $4.2 to $4.6 million. He further advised that the price that was negotiated was above the appraisal value but was an all-inclusive price that included a potential relocation of the tenant and a premium for an expedited closing. Council Member Murray inquired how it was decided to purchase versus the original proposal of leasing. City Clerk Linda Andal reported that there were different phases of negotiation with the property owner and that they decided leasing would result in a significantly greater cost. Council Member Murray asked if they were scaling down operations and Ms. Andal confirmed that the original plan was a much more robust operation. Council Member Murray asked the property owner, Bill Taormina, to talk about the conversations they had in making the decision about leasing versus buying. Mr. Taormina talked about alternatives to buying and the cons of buying a property they will use for only two years. He advised that all proposals offer an option to buy. Mr. Taormina's biggest concern was how they were not engaging the neighbors and he was hoping for a charitable donation that would reduce the cost of the lease significantly. He advocated for taking time and doing it right instead of hurrying it through and he proposed an emergency shelter at a City - owned building to address the court case. Council Member Murray asked if there was a reason not to delay until the November 20th for further review. City Manager Chris Zapata responded that the City advised the judge in the lawsuit they could have 325 beds by January. Council Member Murray proposed that they delay for a week, so they could have more conversation, and to meet with some of the surrounding property owner to which Mayor Tait agreed. Mayor Tait asked Mr. Taormina if his proposal truly meant no cost to the city and Mr. Taormina stated that he was hoping to know in the morning if he would be getting a sizable donation to help pay the lease, but that would not happen if they rush to buy immediately. Mr. Taormina advised that capital cost to the city would go to zero and the cost would only be for the Illumination Foundation. Mr. Taormina reiterated that it does not make sense to spend $8 million on a building that will only be used for two years and Mayor Tait agreed that there was no reason not to wait for a week. City Council Minutes of November 13, 2018 Page 19 of 24 Council Member Faessel said that he was willing to delay a week, but after that time period, a decision needed to be made. Ms. Andal mentioned that they explored the 4950 property but, in conversation with the City Manager, they cannot move in that direction based on concerns by Public Utilities General Manager Dukku Lee that there are two schools nearby as well as a high-voltage substation right behind the facility. Council Member Barnes expressed disappointment in Council Member Murray's request. She believed the City Manager has done his due diligence and that there has been lots of communication. Mr. Taormina replied that he has been offering proposals for nine months and heard nothing. Mayor Pro Tem Moreno brought up conversations with the judge where the City assigned a full- time staff person to the process and that Mr. Taormina agreed to the December 31 date. He advised that when looking at the proposals in September, the option of buying seemed most cost-effective to City Council and felt that there was plenty of communication throughout the process. Mayor Pro Tem Moreno does not believe that the neighbors will benefit from waiting a week on this matter. He pointed out that Mr. Taormina offered his property in the first place and expressed confusion about why he would do so if it was going to be detrimental to the neighbors. Council Member Murray asked how this matter was first publicly noticed to the surrounding properties that this property would be sold and used for this purpose. Ms. Andal responded that because they were in a crisis situation, Chief Communications Officer Mike Lyster actually went door-to-door explaining the plan and that this happened after November 2. Council Member Murray felt it was beneficial to take another week to have more discussion with neighbors and review more options. Ms. Andal advised that this project was not discussed at the Planning Commission meeting Monday. Council Member Faessel inquired if holding on Item No. 21 would affect Item No. 22 and Mayor Tait confirmed it would not. Council Member Vanderbilt asked staff if the City Council as losing a lot of time if the process was delayed in looking for another site. Mr. Zapata stated that the sooner they can get 325 beds in place, the sooner parks and the City will begin to operate normally, and he agreed that if they can come back with some type of agreement in a week it would be helpful. Mayor Pro Tem Moreno said that they were advised by the judge that they could not disclose the location of the site and asked the City Attorney if waiting or the site potentially changing would have any consequences on the settlement. City Attorney Robert Fabela advised that a one- week delay will probably not affect the settlement, but a longer delay probably would. Mayor Pro Tem Moreno was comfortable with continuing as long as it did not hurt the settlement, to allow the neighbors to understand the proposal more. The Bridges at Kraemer Shelter went from being a low -barrier to a high -barrier, referral only shelter as a result of compromising with neighbors and that the requirements of the settlement were that this be a low -barrier shelter. Mr. Fabela reiterated that it was vital to get 325 beds in place to enforce the ordinances, but how they got there was up to the City Council. The current version of the settlement agreement says City Council Minutes of November 13, 2018 Page 20 of 24 the City has to make all efforts possible to get the beds in place by January 2019 but that this was not binding. Mr. Taormina reiterated that his tenant moving out deal as done and that just because he was hoping to get the City a better deal did not mean that he was opposing the current plan. City Council Member Murray asked if they were ordered by the judge not to discuss location with the public and asked when they were allowed to begin discussing the property with the public. Mr. Fabela said the settlement and the Salvation Army site became public at a hearing in October. MOTION: Council Member Murray moved to continue Item No. 21 to the November 20th Council meeting, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. 23. Receive and file report containing crime data including year-to-date, year over year, five and ten-year analyses along with comparison information (continued from Council D160 meeting of October 23, 2018, Item No. 27). DISCUSSION: Police Chief Jorge Cisneros delivered crime reports that were reported to the FBI up to September 30, 2018. He reported that violent crime numbers have gone from -7% to -1 %. He further reported that property crime is the majority of crime which has been fairly level over the last ten years. Chief Cisneros defined the areas where violent and property crimes were taking place, as well as population and crime, and addressed the impact of homelessness on crime. Council Member Faessel asked when Prop 47 and 57 were enacted, asked if they were between 2014-2016, pointed out that many crimes were reclassified under these propositions, and wondered how this affected the current statistics. He wanted to know if allowances were made for those changes. Chief Cisneros gave the example that all thefts are Part 1 or violent crimes regardless of whether or not they were grand theft or petty theft. Council Member Vanderbilt pointed out the consistency of the maps from year to year and asked if it was a given that officers should go to the same areas of high crime month after month. Police Chief Cisneros advised that the location of the property dictated the hot spots for theft and they look at them over a 10 -year period. The Anaheim Police Department then tries to find the top ten locations that have calls for service and find solutions for those. Mayor Pro Tem Moreno pointed out that one of the crime hot spots was right in front of the police department and Police Chief Cisneros advised that places where parking is an issue, property crime will occur because people are parking their cars and leaving them. Council Member Murray reported that Proposition 47, the Safe Neighborhood and Schools Act, was passed in 2014, and that Proposition 57, the Public Safety and Rehabilitation Act was passed in 2016, and there have been impacts from both of those. She thanked the Anaheim Police Department for their work and proposed that the data from the report be put on the website, so residents can see the effect of the Anaheim Police Department's work. MOTION: Mayor Tait moved to receive and file report containing crime data including year-to- date, year over year, five and ten-year analyses along with comparison information, seconded by Mayor Pro Tem Moreno. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members City Council Minutes of November 13, 2018 Page 21 of 24 Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. 24. RESOLUTION NO. 2018-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the SMART City Roadmap Initiative. D116 Authorize the City Manager, or designees, to further develop implementation strategies for the SMART City Roadmap Initiative, including applying for available grant funding and seeking Blue Zones Project status, subject to City Council budget authorization, and provide annual updates on the progress towards SMART City goals. Public Utilities General Manager Dukku Lee delivered an overview of the SMART City Roadmap Initiative. He advised that a SMART City is one that incorporates information and communication technologies to enhance the quality of life and performance of municipal services. He provided examples of what other SMART Cities are doing and Anaheim's SMART City goals. DISCUSSION: Council Member Murray addressed the importance of SMART technology and cell phone devices for public safety and education. Council Member Faessel added that many of the new features they will likely add will be tied into their 160 -mile fiber optic network. Council Member Vanderbilt asked about the impact of the resolution on the City's next steps in the initiative, as he thought that there were already conversations happening with Verizon regarding 5G. Mr. Lee said that this was the point of the presentation, that the technology was coming, whether or not we accepted it, and one thing they were trying to do was provide some regulatory relief so as not to make it overly burdensome for providers to expand networks. He further advised that the Roadmap allows providers to know where dead spots are, so they can improve their technology. Mayor Pro Tem Moreno acknowledged that technology can be a divider or equalizer, that access to technology in schools is an equalizer, and that many families depend on cellular technology and need this access to 5G. He discussed the conversation he had with Verizon about public 5G Wi-Fi and having this available from home would make this equalizing technology more accessible to families. Mayor Pro Tem Moreno wanted to know if being designated as a Smart City would help the City in grants and Public Works Director Rudy Emami agreed that being designated as a Smart City would help in grant applications. Mayor Pro Tem Moreno brought up concerns about privacy, as the City would be involved in data collecting, as people want to ensure that data being downloaded is secure. Mayor Pro Tem Moreno said the public will need reassurance that the City is not using their private data in some way and Mr. Emami provided reassurance that the intent was not to mine private data and that they want to try to control the amount of data that is getting released. Mayor Pro Tem Moreno asked if they need to think about local ordinances regarding privacy as it relates to SMART technology and City Manager Chris Zapata agreed that there needed to be policies about the City's access to private data such as who can access it and how long it is stored, etc. Mr. Zapata also agreed that privacy was a valid concern, staff will work on an initiative, and review and discussion were important. City Council Minutes of November 13, 2018 Page 22 of 24 Mayor Pro Tem Moreno proposed that the City Council bring this back next week, including a Whereas affirming privacy as a value. Council Member Murray asked if they could just add it to the resolution tonight as an amendment to adoption, and that adding a statement that maintaining and protecting the privacy and security of residents is important. She suggested that they wait for the response, as it would be a great initiative to spearhead a privacy policy. Mayor Pro Tem Moreno suggested it wait until next week as there was no urgency. Mayor Tait suggested incorporating into the resolution that there is a privacy issue. City Attorney Robert Fabela said that it would be possible for someone to make a motion with an amendment to add language as a recital and then staff can work on the language and have it signed at a later date. Mayor Tait asked staff to also incorporate another Whereas that ethical considerations be considered on technology moving forward; that ethical considerations are at the head of what they do. Council Member Vanderbilt asked about water bills of elected officials being made available through the Public Records Act and it was confirmed that this was just for elected officials. MOTION: Council Member Murray moved to approve RESOLUTION NO. 2018-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the SMART City Roadmap Initiative with an amendment to include language on privacy and ethical obligation, seconded by Mayor Pro Tem Moreno. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Motion carried. 25. ORDINANCE NO. 6451 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 17.37 (Public Art) to Title 17 (Land Development and M142 Resources) of the Anaheim Municipal Code for the purpose of promoting the installation, maintenance, and restoration of public art and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15060(c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. Deputy City Manager Greg Garcia presented the item and advised that meetings have been held with stakeholders to discuss various models that Staff had researched and to discuss ordinances. He advised that the proposed ordinance called on the City Manager's Office to create the Anaheim Public Art Plan in collaboration with local stakeholders. He further advised that the ordinance allowed the City Manager to develop and recommend guidelines for the selection of artists and artwork, maintenance of existing public art, etc., and that it also established that new art centers, libraries, parks, etc. undertaken by the City will include a public art installation. Lastly, Mr. Garcia advised that it established a public art trust fund for public art acquisition and maintenance. DISCUSSION: Mayor Pro Tem Moreno advised that this ordinance makes the City eligible for other grant opportunities and gives the Cultural and Arts Commission some guidelines. Additionally, he believed that this ordinance will make the City more attractive to tourists. Council Member Vanderbilt asked about the component that talks about restoration and if it was the intent to restore art projects that existed in the past. Mr. Garcia said this was a big part of City Council Minutes of November 13, 2018 Page 23 of 24 the ordinance and that staff will take inventory of currently existing works of art and determine what needed to be restored and prioritized. Council Member Murray thanked those who volunteered and contributed to the report and expressed her support. Council Member Faessel expressed his interest in seeing what the inventory was, the condition of the art pieces, and also expressed his support of the ordinance. MOTION: Mayor Pro Tem Moreno moved to introduce ORDINANCE NO. 6451 AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 17.37 (Public Art) to Title 17 (Land Development and Resources) of the Anaheim Municipal Code for the purpose of promoting the installation, maintenance, and restoration of public art and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15060(c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, seconded by Mayor Tait. ROLL CALL VOTE: AYES — 6: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, and Faessel). NOES — 0. ABSENT — 1 (Council Member Kring). Ordinance Introduced. REPORT ON CLOSED SESSION: City Attorney Robert Fabela reported for Closed Session Item Nos. 1 and 2, City Council rated the City Clerk as a distinguished contributor and directed the Acting Human Resources Director/Labor Negotiator to adjust her salary 3% and 5% for the last two fiscal years, respectively. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members Moreno, Murray, Barnes, and Faessel). NOES — 0. ABSENT — 2 (Council Members Vanderbilt and Kring). COUNCIL COMMUNICATION Council Member Murray acknowledged firefighters statewide for helping communities during the worst fire season in California history and thanked all veterans, their families, and the 13th Marine Expeditionary Unit for their service to the country. Council Member Vanderbilt reported his attendance at a ribbon -cutting event for Blink Fitness and thanked the mayor and the business for a contribution of 50 memberships to the Next Up Foundation. Council Member Faessel reported his attendance at the Halloween parade, Ball Road Kindness Way recognition, Anaheim Union High School District Pledge Ceremony with the Anaheim Elementary School District, Dayle Macintosh Center event, Cypress College Foundation Americana Awards, Boys and Girls Club community garden ribbon -cutting, and Orange County Family Justice center gala. Mayor Pro Tem Moreno reported his attendance at the Hispanic Education Endowment Fund 251h anniversary gala and acknowledged Superintendent Michael Matsuda who received their Apple of Gold award. For the November 20th meeting, he requested a proclamation recognizing Mayor Tait and Council Members Murray and Vanderbilt. Mayor Tait acknowledged World Kindness Day, recognized the Veterans Day ceremony, and thanked Council Member Vanderbilt for his service in the Navy and Army. City Council Minutes of November 13, 2018 Page 24 of 24 ADJOURNMENT: With no objection, Mayor Tait adjourned the November 13, 2018 meeting at 12:30 A.M. on November 14, 2018, in memory of the victims of the fires and Margaret Heim Peter. Respectfully submitted, ass, CM City Clerk