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02/12/2019 ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF FEBRUARY 12, 2019 The regular meeting of February 12, 2019 was called to order at 3:00 P.M. and adjourned to 3:30 P.M. for lack of a quorum. The regular adjourned meeting of February 12, 2019 was called to order at 3:34 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 February 8, 2019. PRESENT: Mayor Harry Sidhu and Council Members Lucille Kring, Denise Barnes, Jordan Brandman, Jose F. Moreno, Stephen Faessel, and Trevor O'Neil. STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and Acting City Clerk Theresa Bass. ADDITIONS\DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: William Fitzgerald, Anaheim Home Owners Maintaining our Environment, addressed Closed Session Item Nos. 5 and 06, provided his opinions on the qualifications of Council-appointed staff members and other members of the City's Executive Management team. CLOSED SESSION: At 3:38 P.M., Mayor Sidhu recessed to closed session for consideration of the following: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: People's Homeless Task Force, et al., v. City of Anaheim, USDC Court Case No. 8:18-cv-00642 DOC (KESx) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the California Government Code) Property: 1619 W Lincoln Avenue & 1687 W Lincoln Avenue (APN: 07211019 & 07211047) Agency negotiator: Chris Zapata, City Manager Negotiating parties: Shopoff Realty Investments Under negotiation: Price and Terms 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Turner Construction Company v. City of Anaheim; STV Construction, Inc., Orange County Superior Court Case No. 30-2017 0000956538 4. THREAT TO PUBLIC SERVICES OR FACILIITES (Section 54957 (a) of the California Government Code) Consultation with: Chief of Police Jorge Cisneros; Deputy Chief of Police Julian Harvey; and APD Emergency Management Section City Council Minutes of February 12, 2019 Page 2 of 8 5. PUBLIC EMPLOYEE APPOINTMENT (Section 54957 (b)(1) of the California Government Code) Position: City Clerk 6. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Director of Human Resources Position: City Clerk At 5:38 P.M., the City Council session was reconvened. INVOCATION: Pastor Ryan Cheung, Chinese Baptist Church of Orange County FLAG SALUTE: Council Member Trevor O'Neil Acceptance of Other Recognitions (To be presented at a later date): Recognizing February 17 - 23, 2019, as National Engineers Week Public Works Director Rudy Emami thanked City Council for the proclamation on behalf of all of the engineers within the City. He presented a video about engineers titled "Dream Big." ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS: Prior to receipt of public comments, an outline of new rules for public comments and a brief decorum statement was provided by Acting City Clerk Theresa Bass. Cecil Jordan Corken, Outreach Homeless Ministries, reported on his outreach efforts and spoke about the recent elections and temporary shelters. R. Joshua Collins, Homeless Advocates for Christ, encouraged City Council to review laws allowing the homeless to live in their vehicles and to create safe spaces for them to park and use shelter services for hygiene. William Fitzgerald, Home Owners Maintaining Our Environment, expressed concerns about the late start of the City Council meeting and Consent Calendar Item No. 6, noting that it was an unnecessary purchase. He also expressed concern regarding restructuring the City's bond debt. Jeanine Robbins spoke regarding police response times and noted it was a concern in district meetings. She advised residents were complaining that the response rates were very lengthy and police were criminalizing the homeless instead of protecting residents. Mike Robbins addressed City Council regarding the homeless shelters and noted they were not working for the homeless. Vern Nelson addressed Consent Calendar Item No. 8 and invited the public to attend a rally and press conference for Justin Perkins to be held on Monday, February 18 at the Madison Apartments. He also expressed concern regarding police brutality by the Anaheim Police Department. City Council Minutes of February 12, 2019 Page 3 of 8 Kenneth Batiste expressed concerns regarding the bond debt and felt a gate tax could help accelerate the payments. He expressed concern regarding the Anaheim Baseball lease extension. Wes Jones expressed concern regarding the extended opening of the Anaheim Way shelter without explanation and the operational changes within the Salvation Army shelter. Bob Donelson expressed his concern regarding Anaheim's commitment to freedom of speech and changes in District 5. Ruby Cortez spoke regarding Anaheim's Innovative Mentoring Experience (AIME) summer internship program and requested City Council expanded participation beyond 10 students per school. Laura Geronimo spoke regarding Orange County Congregation Community Organization's (OCCO) leadership program and highlighted the importance of fostering a healthy relationship between the youth of Anaheim and the Anaheim police. She expressed concern regarding the treatment of Anaheim's youth. Laura Ponce, Orange County Congregation Community Organization (OCCO), expressed her concern regarding the lack of youth programs in District 3. Jasmine Nguyen encouraged City Council to support free youth art programs in District 6. Erik Heredia, Orange County Congregation Community Organization (OCCO), encouraged City Council to support programs such as OCCO and encouraged the City to invest in youth. Miguel Hernandez, Executive Director for OCCO, spoke regarding their partnership with Accelerate Change Together Anaheim (ACT), highlighted findings from the Anaheim's Youth Services Assessment, and encouraged Council to support their programs. Bryan Kaye expressed his concern regarding City Council communication with residents. CITY MANAGER'S UPDATE: City Manager Chris Zapata reported Assemblywoman Sharon Quirk-Silva hosted a dialogue in Anaheim regarding homeless efforts in north Orange County, including a consolidated approach and efforts. He announced a Council workshop scheduled for February 19, 2019 regarding investment projects across the city and how the public can view the projects and communicate with the city. CONSENT CALENDAR: At 6:31 P.M., the consent calendar was considered with Council Member Barnes pulling Item No. 02 and Council Member Moreno pulling Item No. 07 for separate discussion. MOTION: Mayor Pro Tem Kring moved to adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil). NOES — 0. Motion carried. City Council Minutes of February 12, 2019 Page 4 of 8 1. Receive and file minutes of the Sister City Commission meeting of October 22, 2018, B105 Library Board meeting of December 10, 2018 and Public Utilities Board meeting of December 19, 2018. 3. Approve proclamations recognizing World Alzheimer's Awareness Month (September D116 2019), Domestic Violence Awareness Month (October 2019), National Travel and Tourism Week (May 5-11, 2019) and the 2019 Miss Anaheim Court. 4. Accept the bid from Airgas Specialty Products, Inc., in the amount of$38,759.50 plus D180 applicable tax, for the purchase of anhydrous ammonia premium grade gas/liquid 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 #9238. 5. Accept the bid from DILO Production, Inc., in an amount not to exceed $24,868.86 plus a 20% contingency, to dispose of used sulfur hexafluoride (SF6) gas and recycle obsolete D180 gas-insulated switchgear & gas cylinders along with providing documentation and as needed miscellaneous 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 #9245. 6. Approve the First Amendment to the Agreement with CGI Technologies and Solutions, AGR- Inc., increasing the agreement by $350,000 for a total not to exceed amount of $393,357, 11116.1 to provide services for system configurations, scripting, data conversion, interface creation, report development and other technical support functions and authorize the Finance Director/City Treasurer to authorize any amendments under the terms and conditions of the agreement. 8. RESOLUTION NO. 2019-016 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM vacating easements for public utility and public purposes pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (ABA R100 2017-00359; 1110-1150 North Anaheim Boulevard and 115-125 West La Palma Avenue). END OF CONSENT CALENDAR: 2. Receive update on homeless efforts in Anaheim. D116 Public Utilities General Manager Dukku Lee reported that the Salvation Army shelter was dedicated on January 31, 2019 and was a precursor to the Salvation Army Center of Hope. He presented photos of the shelter to City Council and thanked City Council and staff for their effort and support. Public Works Director Rudy Emami reported on the Kraemer Emergency shelter which was scheduled to open by the end of February. He reported that walls were being painted and outdoor work continued around area storms. Additionally, he reported the interim shelter did experience mechanical issues with the restroom trailers and pumps and Public Works plumbers were on scene to assist with this matter. City Council Minutes of February 12,2019 Page 5 of 8 Human Resources Director Linda Andal reported that the City was 50 days into the contract with the State College shelter and it would be closing on March 14th or after all residents move to the Salvation Army or Kraemer shelters, whichever occurred first. She reported that the shelter has serviced over 340 clients, with a majority of the clients making this shelter their primary residence. As of February 11, 38 residents have been transferred to the Salvation Army and one resident was reunited with family. Ms. Andal explained staff continued to work with Illumination Foundation to work through issues at the shelters including performing light maintenance on the trailers. Illumination Foundation has implemented hourly security rounds around the perimeter to address loitering and provided transportation to 10 clients who attended the job fair at Anaheim Stadium and to residents who expressed interest in Chrysalis employment services. She also reported that Chrysalis was working with a local church to work through providing shower facilities and having a full wardrobe of business attire for their clients to use for job seeking purposes, in response to a speaker during public comments. Community Preservation Manager Sandra Sagert reported on the shelter transition plan and noted that close to 50 residents have been transitioned to Salvation Army with 8 to 10 residents transitioned daily. Two case managers from the Salvation Army visit the Interim Shelter daily to talk with the residents, answer questions, and share information about the shelter in an effort to relive concern or anxiety. Ms. Sagert reported City Net vehicles have been used to help transition residents and their possessions to Salvation Army. She also noted that many residents have given positive comments about the facility including commenting on the outdoor space, cuisine, and treatment by staff. She reported couples would begin being received at the facility this week along with females next week. Ms. Sagert reported that staff has already begun conversations with Illumination Foundation for the transition of residents to the Kraemer Shelter. DISCUSSION: Council Member Barnes thanked staff for all of their work and effort on this project. In response to questions from Council Member Barnes, Ms. Sagert advised that District 5 has become the priority and there were a lot of homeless hotspots that the City was working through. Ms. Sagert reported that every time a call is received regarding a homeless encampment, the Homeless Outreach team will visit the location first to offer City Net services and provide a needs assessment. Additionally, if criminal activity is occurring, they will be warned and, lastly, if services are offered and refused, enforcement can then take place, but only as a last resort. Ms. Sagert further reported that staff reached out to the County to request an additional mental health clinician which was approved and put into implementation with the Anaheim Police Department. In response to Mayor Pro Tern Kring, Ms. Sagert advised that any members of the public can reach out to City Net should they wish to donate personal items to the shelters. Council Member Faessel noted that there was some difficulty in District 5 due to public space and private rights of way that require attention, making it harder to make an impact on homelessness. He thanked staff for all of their hard work on the homeless issue. City Council Minutes of February 12, 2019 Page 6 of 8 Council Member Moreno thanked staff for all of their hard work and responsiveness. Ms. Andal reported that 340 homeless residents have gone through the shelter intake process and can choose to exit the shelter or take a bed. Additionally, she reported the number of residents asked to leave because rules were not followed was closer to five, in response to Council Member Moreno's inquiry. Ms. Andal reported that the agreement for the interim shelter is through March 14. Mayor Sidhu advised that the City will need to return the property back to the property owner in its original condition, in response to Council Member Moreno's inquiry. City Manager Chris Zapata reported that staff will present a final accounting of the expended funds at the next meeting, in response to Council Member Moreno's inquiry and desire to ensure transparency to the public. MOTION: Council Member Barnes moved to receive update on homeless efforts in Anaheim, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil). NOES — 0. Motion carried. 7. RESOLUTION NO. 2019-015 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. 12175, 12248, 12251, 12252, and 12253; public right-of-way purposes). DISCUSSION: In response to Council Member Moreno, Public Works Director Rudy Emami reported that there were five properties that the City was acquiring for public right-of-way purposes, pursuant to the Anaheim Municipal Code, and in conjunction with the recent development and projects that the City was completing as a result of the development. M. Emami provided examples of projects that require this approval and explained this was more of a procedural mutual benefit to the developer and the City. MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2019-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deeds Nos. 12175, 12248, 12251, 12252, and 12253; public right-of-way purposes), seconded by Mayor Pro Tem Kring. ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil). NOES — 0. Motion carried. REPORT ON CLOSED SESSION: City Attorney Robert Fabela reported Closed Session Item No. 4 was not heard. PUBLIC COMMENTS (non-agenda items): None. City Council Minutes of February 12,2019 Page 7 of 8 COUNCIL COMMUNICATION/AGENDA REQUESTS: Council Member Barnes announced she was selected to serve on the Orange County Senior Citizens Advisory Council and its sub-committee for housing and transportation. She reported her participation at the Dale Junior High School career day and announced Maxwell Park dog park meeting at Haskett Library on February 26. Mayor Pro Tem Kring reported her attendance at a functional exercise at the Emergency Operations Center on January 30 and the Orange County Business Council annual dinner and discussion of the arts. She announced the rescheduled Black History Parade and Cultural Faire on February 23, her attendance at the 10th anniversary celebration of the Diamond Aisle apartments, the placement of Little Free Libraries throughout the city, and wished everyone a happy Valentine's Day and a happy birthday to President Abraham Lincoln. Council Faessel thanked staff and all involved for the opening of the Salvation Army shelter and reported his attendance at the Katella High School visioning day and his service as a judge for the Lions Club student of the year speech contest. He announced the District 5 Neighborhood Services meeting at Rio Vista Elementary School on February 21 and requested the meeting be adjourned in memory of former Anaheim resident Theresa Nelleson and Anaheim resident Vaughan Day. Council Member Brandman requested certificates of recognition on February 19 for volunteers from Building Occupational Opportunities, concurred by Council Members Moreno and Faessel; recognition of IBEW 441 & 47 minority caucus volunteers for their efforts at the G.O.A.L.S. youth center in District 2 at the next meeting, concurred by Council Members Moreno and Faessel; and a future proclamation for the American Coaster Enthusiasts, concurred by Council Members O'Neil and Moreno. Council Member Moreno reported a January 31 community meeting at City Church and a February 7 District 2 Neighborhood Services meeting and his staff's attendance at Anaheim High School's visioning day. He requested information from the City Attorney regarding the process of an item approved by the Planning Commission and the required action a Council Member, if any, for the item to be considered by City Council. He reported a meeting on February 5 at the Senior Center where the seniors presented research and a request for the City to fund and develop at least three stand-along senior centers across the city. He announced the 10 year anniversary of Diamond Aisle apartments, and referring to a 2016 news article regarding affordable housing, requested a report/memo from the City Manager regarding current rates of failure to obtain housing with vouchers. He requested two additional memos regarding the implementation, affects, and process of Measure L and regarding short-term rentals (STRs), hardships, and extensions. Mayor Sidhu reported a Free Entrepreneurship Program presented in Spanish on February 7, announced the 10th anniversary of Diamond Aisle and the upcoming affordable housing project on Manchester through Jamboree Housing, and acknowledged the efforts of the city and staff on 12 affordable housing communities which were recognized during Governor Newsome's State of the State address. He recognized the Public Works and Planning Departments for National Engineers Week, announced the Black History parade on February 23, and wished all a happy Valentine's Day. City Council Minutes of February 12,2019 Page 8 of 8 ADJOURNMENT: At 7:32 P.M., with no objection, Mayor Sidhu adjourned the February 12, 2019 meeting in memory of Theresa Nelleson and Vaughan Day. Respectfully submitted, /1 eresa Bass, C C City Clerk