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11/05/2019 ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF NOVEMBER 5, 2019 The regular meeting of November 5, 2019 was called to order at 3:00 P.M. and adjourned for lack of a quorum. The regular adjourned meeting of November 5, 2019 was called to order at 3:30 P.M. in the chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on October 31, 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 City Clerk Theresa Bass ADDITIONSIDELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Heather Fuller, Public Works Department, supported the unions and co-workers who were having MOUs discussed during Closed Session and hoped all employees would be treated fairly. On behalf of Confidential employees, she gave a history of previous recessions, a diminished workforce, pay cuts, longer hours, and more work, with no real follow-up compensation or equality. She stated such employees love the City of Anaheim, value its reputation for excellence, and take pride in their work and were looking for parity with other co-workers. Karen Manning, Planning & Building Department, discussed the difficulties of being a part-time employee expected to perform full-time work. She stated the working situation has been unfair and asked Council to support AFSCME and be fair to all employees. Moses Johnson, Assistant City Attorney, provided a history of previous fully-funded range adjustments for management employees in 2006 through 2009, which was the last adjustment, despite inflation of roughly 20& over the last 10 years. He stated management employees took a voluntary 5% pay cut for 18 months during the 2009 recession, then had no merit increases for several years, and when it was reinstated at 3% it was then arbitrarily cut to 2% by a previous City Manager with no notice. He stated this is why management was seeing a fair contract to make up for the last 10 years and asked Council for their consideration. CLOSED SESSION: At 3:34 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: David Torres v. City of Anaheim, et al., Orange County Superior Court Case No. 30-2019 01065066 City Council Minutes of November 5, 2019 Page 2 of 18 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representatives: Linda Andal, Human Resources Director and Angel Ho, Employee Relations Manager Name of Employee Organization: Anaheim Police Association 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representatives: Linda Andal, Human Resources Director and Angel Ho, Employee Relations Manager Name of Employee Organization: International Brotherhood of Electrical Workers — Professional Management Unit At 5:00 P.M., Mayor Sidhu reconvened the Anaheim City Council. INVOCATION: Minister Dale Moreland, Ball Road Church of Christ FLAG SALUTE: Council Member Trevor O'Neil Presentations: Recognizing Olivia Hickman for aiding in the arrest of burglary suspects Police Chief Jorge Cisneros presented a proclamation to Olivia Hickman for her assistance during a robbery event in summer 2019. Recognizing Chrysalis' one year anniversary in Anaheim Mark Loranger, President and CEO of Chrysalis, accepted the proclamation on behalf of Chrysalis and provided some success stories of clients. Recognizing the 2019-20 Miss Anaheim Beautiful incoming Court Debbie Herman, Miss Anaheim Beautiful Director, introduced the Miss Anaheim Beautiful 2019- 2020, Priscilla Oropeza, who introduced the rest of the court. Victoria Santana -Anaheim Beautiful Teen Ambassador 2019-2020 Guadalupe Alvarado -Anaheim Beautiful Teen Ambassador 2019-2020 Miranda Alvarez -Anaheim Beautiful Junior Ambassador 2019-2020 Acceptance of Other Recognitions (To be presented at a later date): Recognizing Orange County Historical Society's 100th Anniversary • Helen Myers, Orange County Historical Society, accepted the proclamation on behalf of the organization. At 5:17 P.M. Mayor Sidhu called to order the Anaheim Housing Authority (in joint session with the City Council). City Council Minutes of November 5, 2019 Page 3 of 18 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 City Clerk Theresa Bass. Duane Roberts expressed his concerns regarding Item No. 20 and encouraged City Council to review the item. He also expressed concerns regarding Council Member Brandman's allegedly providing false information regarding providing concert tickets to lobbyists. Council Member Brandman refuted the allegations. Jerry Amante, Executive Director, Orange County Hotel & Lodging Association, expressed his concern regarding Item No. 18 and encouraged City Council to oppose the item, also addressing transparency and campaign contribution reform. Cheryl Moi expressed her support for Item No. 18 and encouraged City Council to pass the item and hoped stricter rules would improve processes. She thanked Council Members Barnes and Moreno for their assistance. Mike Robbins encouraged City Council to find more money for homeless shelters in Anaheim and suggested the City turn to Disney and Angels Baseball for funds. Pat Davis reported that Hunger and Homelessness Awareness Week is November 16 —24. She encouraged City Council to live on a homeless budget and stated her opposition to Item No. 20. Dave Duran addressed Item No. 19 and encouraged City Council to pass the item. He also encourages a recall vote for Mayor Sidhu and questioned if Council .was truly representing constituents. Jeanine Robbins expressed concern regarding Mayor Sidhu's actions on the City Council. She encouraged City Council to consider an oversight board at the local homeless shelters to investigate residents' concerns. She expressed concern with a recent death at Mercy House and encouraged Council to investigate. R. Joshua Collins, Homeless Advocates for Christ, expressed his concern regarding area homeless shelters. He encouraged City Council to work for the residents of Anaheim. William Fitzgerald, Home Owners Maintaining Our Environment, expressed his concern regarding Mayor Sidhu imposing limitations on free speech. He expressed concern regarding negotiations with Angels Baseball and felt the City was not negotiating in the best interest of its residents and a recall of Mayor Sidhu is warranted. Tamara Jimenez, Anaheim Lighthouse, spoke about the work the organization does for the homeless residents and thanked city departments and staff for their assistance. She also expressed support for rent stabilization. Kenneth Batiste expressed concern that City Council does not support its senior residents and shared he was interested in running for City Council. City Council Minutes of November 5, 2019 Page 4 of 18 Bobby Donelson expressed his opposition to Item Nos. 16 and 20, encouraged City Council to oppose the items, and offered his support for a recall of Mayor Sidhu. Wes Jones expressed his support for Item No. 18 and his opposition to Item No. 20. He alleged corruption regarding money for Honda Center and disagreed with the Rancho La Paz decision by Council. Ken Warfield expressed his support for Item No. 18 and encouraged City Council to pass the item. Francis Halaka expressed concern regarding City Council actions regarding rent control, how the homeless are handled, and encouraged reform on the City Council. He thanked Council Members Barnes, Brandman, and Moreno for their support of Rancho La Paz, felt CityNet was not being held accountable, and stated rehabilitation centers were needed. Cecil Jordan Corkern, Outreach Homeless Ministries, expressed his concern regarding security at Disneyland. Ryan Ruelas expressed his opposition to Item No. 20 and encouraged City Council to oppose the item. He addressed Council actions at the previous meeting and encouraged Council to listen to residents. Mark Richard Daniels expressed concern regarding City Council and does not feel it is acting in the best interest of its residents. He stated his opposition to Council's decision at the last meeting regarding Ranch La Paz and expressed support for Council Member Barnes and Moreno. Nick Yagar, Commissioner, Senior Citizen Commission, expressed support for City Council's work for its seniors. Alfredo Heredia expressed his concern regarding City Council's unwillingness to assist the residents of Rancho La Paz Mobile Home Park and addressed rent control, price gouging, and a lack of representation. Rhonda Moynihan expressed her thanks to the Anaheim Police Department for shutting down an illegal marijuana dispensary and thanked them for their support in the community. She encouraged the City Council to support its senior residents. Pam Donelson expressed concern regarding corruption on the City Council and encouraged City Council to support its senior residents. She also expressed her opposition to Item No. 20 and encouraged City Council to oppose the item. Suzanne Mora encouraged City Council to investigate the opening of a wellness center for the homeless residents and asked them to look into a similar facility in San Diego. She believed vouchers and related funding could be used to purchase property for a mental health facility, rehabilitation center, or wellness center. City Council Minutes of November 5, 2019 Page 5 of 18 CITY MANAGER'S UPDATE: City Manager Chris Zapata reported Angels Baseball requested a meeting with the City's negotiating team and the meeting is scheduled for Friday, November 15, 2019. At 6:28 P.M., Mayor Sidhu recessed the City Council to consider the Anaheim Housing Authority agenda and reconvened at 6:51 P.M. CONSENT CALENDAR: At 6:51 P.M., the consent calendar was considered with Council Member Barnes pulling Item Nos. 10, 12, and 17 for separate discussion and consideration. MOTION: Council Member O'Neil moved to waive reading of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each City Council Member and as listed on the consent calendar, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES — 0. Motion carried. B105 4. Receive and file minutes of the Public Utilities Board meeting of September 25, 2019. D180 5. Accept the bid from Pricon, Inc., in the amount of$64,939 plus a 20% contingency, to provide Red Hat Linux Enterprise software licenses & support renewal for a one year period with up to four one-year optional renewals and authorize the Purchasing Agent to exercise annual support renewals subject to available budget appropriations each fiscal year in accordance with Bid #9357. D180 6. Accept the bids of OneSource Distributors and Anixter, Inc., in the respective amounts of $478,552.69 and $151,169.95, plus applicable tax, for the purchase of electrical materials to replenish utility warehouse inventory and authorize the Purchasing Agent to issue purchase orders all in accordance with Bid #9342. D180 7. Accept the bid from All American Asphalt, in the amount of$66,838 plus applicable tax and a 20% contingency, to provide SC 800 asphalt cold mix on an as-needed basis for Anaheim Public Utilities for a one year period with four optional one-year renewals and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9349. D180 8. Accept the bid from Van De Pol Enterprises, in the amount of $56,981.55 plus applicable tax and a 20% contingency, to provide automotive lubricants on an as-needed basis for Fleet Services, for a one year period with four optional one-year renewals and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9362. D180 9. Accept the bid from Randy's Automotive & Transmission, in the amount of$100,750, to perform automotive transmission repair services on an as-needed basis for Fleet Services for a one year period with four optional one-year renewals and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9346.10. City Council Minutes of November 5, 2019 Page 6 of 18 AGR- 11. Approve the License Agreement with the Orange County Water District, for a one-time fee payment of $1,148, to allow two storm drain inlet systems onto the Foster- 11746 Huckleberry Basin for the La Palma Avenue and Richfield Road Storm Drain Extension and Storm Water Infiltration Project; authorize the Director of Public Works to execute the agreement and any other related documents and take the necessary actions to implement and administer the agreement; and authorize de minimis changes that do not substantially change the terms and conditions of the agreement, so long as such changes are determined to be de minimis by the City Attorney. 13. Approve an Agreement for Acquisition with Peter Cheng and Katy Cheng, Trustees of the AGR- Cheng Family Trust, in the acquisition payment amount of$38,000, for the purchase of 11748 Real Property at 1538 East Lincoln Avenue for a Public Road and Utility Easement and a Temporary Construction Easement for the Lincoln Avenue Widening from East Street to Evergreen Street Improvement Project (R/W ACQ 2016-00789). P124 14. RESOLUTION NO. 20.19-129 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 Deed Nos. 12321 and 12322; in conjunction with the Lincoln Avenue Widening from East Street to Evergreen Street Improvement Project and for future city rights-of-way). P110 15. RESOLUTION NO. 2019-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA 2019-00397; portion of the public alley lying between and adjacent to 327 and 407 South State College Boulevard; public hearing scheduled for December 17, 2019). M142 16. ORDINANCE NO. 6472 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, adding Chapter 6.35 to Title 6 of the Anaheim Municipal Code to ban weapons in city buildings (Introduced at Council meeting of October 29, 2019). END OF CONSENT CALENDAR D175 10. Authorize the City Manager, or designee, to use approximately $110,000 from the Public Works Community Improvements Fund to refurbish the existing and replace the missing pole-mounted parkway entry signs throughout the city with the original sign graphics. Public Works Director Rudy Emami presented the staff report and advised the item is to authorize the City Manager, or his designee, to use approximately $110,000 from the Public Works Community Improvements Fund to refurbish the existing, and replace the missing, pole- mounted parkway entry signs throughout the city with the original sign graphics. He provided a brief history of the signs and reported that earlier this year, Council Member Moreno requested that staff look into adding the "City of Kindness" slogan to city entry signage. Mr. Emami reported that staff conducted a cursory field review which revealed that of the original 42 pole signs installed, only 32 remain. He noted that for unknown reasons, ten signs have been removed and never replaced. Additionally, several of the remaining signs are in poor condition with visible fading, graffiti that cannot be removed, and/or graphic damage. City Council Minutes of November 5,2019 Page 7 of 18 In response to the request by.Council Member Moreno, Mr. Emami advised that staff considered the potential of modifying the original design to incorporate the City of Kindness logo. However, given the size of the sign panels and the historical context, staff is recommending the signs be replaced in their original form and plans to solicit bids on this basis. He advised the project will take six months to complete at an estimated cost of$110,000. MOTION: Council Member Barnes moved to amend the sign to include "City of Kindness" phrase in yellow font under"City of Anaheim," seconded by Council Member Moreno. DISCUSSION: In response to Council Member Barnes' inquiry, Mr. Emami advised that the original ask was to incorporate the "City of Kindness" seal in the signage. Council Member Moreno clarified that his original ask was to add the "City of Kindness" seal to entry signs into Anaheim. In response to Council Member Moreno's inquiry, Mr. Emami advised the City had already looked into the project and felt this was an opportunity to use funding that was earmarked for beautification. In response to Council Member Moreno's inquiry, Mr. Emami advised that many options to incorporate the "City of Kindness" seal were investigated, but due to the size of the sign, it was not possible. He advised they did not look at a second sign below the shield to include "City of Kindness" in the sign. In response to Council Member Moreno's inquiry, Mr. Emami advised the "City of Kindness" is a value and it does not necessarily need to be placed on a sign. SUBSIDIARY MOTION: Mayor Pro Tern Kring moved to amend the motion on the floor to approve the staff recommendation, seconded by Council Member O'Neil. In response to Council Member Moreno's inquiry, City Manager Chris Zapata advised it was staff's recommendation to maintain "Welcome to Anaheim" on the signs and commence with the cleanup effort. In response to Council Member Moreno's inquiry, Mr. Emami advised he can speak to the Community Services Director to inquire where the seal may be used. Council Member Moreno advised that no signs exist that currently have the seal for"City of Kindness". In response to Council Member Moreno's inquiry, Mayor Pro Tem Kring felt Council Member Moreno's motion would die since "City of Kindness" was not being used officially as a moniker of the City. Council Member Moreno reminded the dais that "City of Kindness" was voted in as an official slogan. In response to Council Member Moreno's inquiry, Mr. Zapata advised that officially selecting slogans comes to the staff at the direction of City Council. He further elaborated that the request was to replace the signs. He advised that staff was happy to look into adding the slogan "City of Kindness" at the direction of the City Council. In response to Council Member Moreno's inquiry, Mr. Emami advised the request was approved by City Council. He advised that Council Member Moreno's request to look at opportunities for slogan placement would have needed to come back to City Council for approval. He advised that City Council Minutes of November 5, 2019 Page 8 of 18 this response was to advise City Council that staff could not find placement for the logo on these signs. Council Member Barnes clarified that she would like to see the words "City of Kindness" on the signs and does not necessarily need a logo. Council Member Brandman supported replacing the signs and felt Council Member Moreno's request for use of the "City of Kindness" seal at City entrances still stands and would like to see a response from staff. City Attorney Robert Fabela clarified that the motion on the floor. is Mayor Pro Tem Kring's subsidiary motion to amend the motion on the floor to approve the staff recommendation, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Faessel, and O'Neil); NOES — 1 (Council Member Moreno). Motion carried; original motion amended. DISCUSSION: Council Member O'Neill expressed his support for the item, as presented. AMENDED MOTION: Council Member Barnes moved to authorize the City Manager, or designee, to use approximately $110,000 from the Public Works Community Improvements Fund to refurbish the existing and replace the missing pole-mounted parkway entry signs throughout the city with the original sign graphics, seconded by Council Member Moreno. ROLL CALL VOTE: AYES —7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES — 0. Motion carried. AGR- 12. Approve the Engineering Service Agreement with JMDiaz, Inc. for the design of the 11747 Advanced Dilemma Zones and Left Turn Phasing Traffic Signal Improvements Project to enhance traffic safety in the city, in the amount of$227,611.65 and authorize the Director of Public Works to approve additional expenditures for work not included in the scope of services in the amount of$22,761.17 with a total agreement amount not to exceed $250,372.82. DISCUSSION: Council Member Barnes requested that the intersection of Western and Ball be considered for this project. MOTION: Council Member O'Neill moved to approve the Engineering Service Agreement with JMDiaz, Inc. for the design of the Advanced Dilemma Zones and Left Turn Phasing Traffic Signal Improvements Project to enhance traffic safety in the city, in the amount of$227,611.65 and authorize the Director of Public Works to approve additional expenditures for work not included in the scope of services in the amount of$22,761.17 with a total agreement amount not to exceed $250,372.82, seconded by Council Member Barnes. 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 November 5, 2019 Page 9 of 18 D114 17. Approve minutes of the Council meeting of March 5, 2019. DISCUSSION: Council Member Barnes requested a follow up from the City Attorney's Office regarding a $10,000 transaction to Rutan & Tucker Legal Services as requested in the minutes of the March 5, 2019 meeting. City Attorney Robert Fabela advised he will follow up on the request. Council Member Barnes requested a follow up from the City Manager's Office regarding reimbursement for placing many homeless residents at the Baymont Hotel as requested in the minutes of the March 5, 2019 meeting. Council Member Moreno requested a follow up from the City Manager's Office regarding engaging Union Pacific for potential reimbursement for policing work. MOTION: Council Member Barnes moved to approve minutes of the Council meeting of March 5, 2019, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES —'7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES— 0. Motion carried. M142 18. ORDINANCE NO. (INTRODUCTION)AN ORDINANCE OF THE CITY E127 OF ANAHEIM adding new sections, deleting sections and amending various sections of D112 Chapter 1.09 of Title 1 of the Anaheim Municipal Code relating to campaign and ethics D113 reform (key provisions of which would establish recusal rules for elected members of the City Council when they receive campaign contributions from parties who have matters before the Council, and that place time limits on campaign fundraising and debt retirement) (Continued from Council meeting of October 29, 2019). MOTION: Mayor Sidhu moved to table Item No. 18, seconded by Council Member O'Neil. POINT OF ORDER: Council Member Moreno called for a point of order and asked the Mayor to allow debate. Mayor Sidhu overruled the point of order. In response to Council Member Moreno's point of clarification, City Attorney Robert Fabela clarified the procedure for appealing the ruling of the chair is either a motion to suspend the rules, which requires a 2/3 vote, or make a point of order which requires a ruling by Mayor Sidhu. In response to Council Member Moreno's point of clarification, Mr. Fabela clarified that he believed that at the last City Council meeting there was a motion to suspend the rules which failed and a point of order was made requiring a ruling by Mayor Sidhu and the ruling was appealable. POINT OF ORDER: Council Member Moreno called for a point of order and asked the Mayor to allow debate. Mayor Sidhu overruled the point of order. SUBSIDIARY MOTION: Council Member Moreno moved to appeal the ruling of the chair, seconded by Council Member Barnes. City Council Minutes of November 5, 2019 Page 10 of 18 POINT OF ORDER: Council Member Brandman called for a point of order and stated that he completely disagreed with the decision made last week about explaining votes as well as with tabling items in general, and encouraged all to learn and follow the rules. DISCUSSION: Council Member Moreno expressed his concern that the item was being tabled because Mayor Sidhu has deemed that there were already ordinances in place that make this unnecessary. He felt it was important for City Council to review the ordinance and deliberate the item. He urged the dais to vote for the appeal to allow the debate. City Clerk Theresa Bass clarified the current vote was for the subsidiary motion to appeal the ruling of the chair, seconded by Council Member Barnes. Council Member Brandman stated for the record that the item to be voted on was completely out of order for City Council procedures. SUBSIDIARY MOTION: Council Member Moreno moved to appeal the ruling of the chair seconded by Council Member Barnes. ROLL CALL VOTE: AYES -3 (Council Members Barnes, Brandman, and Moreno); NOES —4 (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil). Motion failed. MOTION: Mayor Sidhu moved to table Item No. 18, seconded by Council Member O'Neil. POINT OF ORDER: Council Member Moreno called for a point of order. Mayor Sidhu overruled the point of order. SUBSIDIARY MOTION: Council Member Moreno moved to appeal the ruling of the chair to not hear the substance of a point of order and not to allow explanations of votes, seconded by Council Member Barnes. DISCUSSION: In response to Mr. Fabela's inquiry, Council Member Moreno clarified he called for a point of order to allow members to explain their votes, which Mayor Sidhu overruled. Mayor Sidhu stated that he clarified the procedures with the City Attorney's Office and he would not allow any debate on the item. In response to Council Member Moreno's inquiry, Mr. Fabela advised that Mayor Sidhu has latitude to control the debate of the City Council and there are provisions that he also has the authority to prevent the misuse of legitimate form of motion or the abuse of privilege for reviewing certain motions by ruling such motions out of order. He also noted Council Member Moreno has the ability to call for a point of order, which Mayor Sidhu can overrule, and at that time Council Member Moreno would have the opportunity to appeal. Mayor Sidhu noted he would not entertain the point of order and would not allow debate. SUBSIDIARY MOTION: Council Member Moreno moved to appeal the ruling of the chair, seconded by Council Member Brandman. DISCUSSION: Council Member Brandman addressed the discussion of the rules and that a motion to table is a superior motion. He stated the information provided and actions taken at the last meeting were incorrect. City Council Minutes of November 5, 2019 Page 11 of 18 In response to Council Member Moreno's point of clarification, Mr. Fabela clarified the motion to table was not debatable. He felt the confusion is whether or not a vote can be explained on a motion to lay on the table and, in retrospect, he felt the explanation should not be allowed but was at the discretion of the chair. POINT OF ORDER: Council Member Moreno requested to explain votes on the motion to table. SUBSIDIARY MOTION: Council Member Moreno moved to appeal the ruling of the chair. Motion failed for lack of a second. MOTION: Mayor Sidhu moved to table No. 18, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES —4 (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil); NOES — Council Members Barnes, Brandman, and Moreno). Motion carried; item tabled. D116 19. Receive update on homeless efforts in Anaheim and throughout Orange County and provide direction to staff and/or take action on related homeless matters, including short and long-term solutions to address homelessness. Community Preservation & Licensing Manager Sandra Sagert presented the staff report. She reported that at the meeting on October 29, 2019, Council Member Brandman requested an agenda item for November 5, 2019 providing an update on homeless efforts in Anaheim and efforts in surrounding cities and cities in south Orange County. Ms. Sagert provided a brief update on the Salvation Army and La Mesa Shelters, sharing staff has not received any complaints from clients and only a few issues of concern have been noted from surrounding businesses. She advised that staff is continuing to work proactively and successfully with surrounding businesses and property owners to address any issues when they arise. She advised the BNSF and Union Pacific Railroad properties continue to be areas of focus where the staff is achieving success. Ms. Sagert provided a brief update on Bridges at Kraemer and noted that at recent meetings Ms. Callie Rutter has addressed the Anaheim City Council to share concerns about the quantity and quality of food at Bridges. She reported that the City Manager and staff met recently with Ms. Rutter to discuss her concerns. City staff has forwarded Ms. Rutter's concerns to the County and Mercy House who have provided assurances that the nutritional needs of clients are a top priority. Ms. Sagert provided a brief update on the efforts to complete new facilities that are advancing in certain cities within the North and South Service Planning Area (SPA). Lastly, she provided a brief update on the Pathway to Healing and Pathway Home initiatives. Ms. Sagert noted that staff continues to aggressively pursue available funding for capital projects for homeless prevention and reduction, as well as permanent supportive housing. She advised that staff is formulating options for how the City/Housing Authority can best assist with project funding which may include a recommendation for Section 8 Project-Based Vouchers and a potential capital contribution from the housing fund to assist with the cost of development which will be presented to the City Council and Housing Authority Board in the coming weeks. City Council Minutes of November 5, 2019 Page 12 of 18 DISCUSSION: Council Member Brandman thanked staff for the detailed staff and for their efforts surrounding homelessness. In response to Council Member Brandman's inquiry, Human Resources Director Linda Andal advised she was not aware of any emergency shelters being built in south Orange County or at the Orange County Fairgrounds. In response to Council Member Brandman's inquiry, Ms. Sagert advised that Anaheim was leading the way on the homeless issue since the opening of Bridges at Kraemer. In response to Council Member Brandman's inquiry, Ms. Sagert advised that anywhere from five to fifteen homeless can be found at John Marshall Park on any given day. She noted that some residents check out of the shelters and some are refusing to enter the shelter so they end up in the park. Council Member Brandman felt the influx of homeless was due to there not being enough shelters in the south and stated that Anaheim needs more beds. MOTION: Council Member Brandman moved to direct staff to look into creating a public/private partnership to build a minimum 100-bed shelter in District 2 in the next 10 days and the formation of an ad-hoc committee consisting of himself, Mayor Sidhu, and Council Member Barnes. DISCUSSION: Mayor Sidhu supported the item but would like to see an ad-hoc committee comprised of Council Members Brandman and Faessel. Council Member Brandman expressed his interest in having his original committee members placed on the ad-hoc committee but noted that if having Mayor Sidhu's suggested committee members moved this forward quickly, he was willing to concede. Council Member Barnes expressed her support for Council Member Brandman's motion but noted she would not be able to serve on the ad-hoc committee. She thanked staff for their amazing work with the City's homeless issue. She expressed concern that CityNet does not have a 24-hour service line and requested a memo from staff explaining why there is not a 24- hour line. Council Member Barnes requested that staff provide an overview that can be given to other cities who are requesting information from Anaheim on their success in dealing with the homeless issue. Council Member Moreno noted that there was a lot of information regarding Anaheim's approach to homeless available on the City's website. He felt the framework for addressing homeless issues was instituted by the previous City Council and felt that Council Member Brandman did not need a motion to begin an ad hoc committee to investigate this matter, as it is covered in the Homeless Policy Working Group's framework. Council Member Faessel thanked Council Member Brandman for bringing this matter to the attention of City Council and agreed to serve on the ad hoc committee. Mayor Sidhu committed to working on this project with the ad hoc committee. City Manager Chris Zapata stated that the staff was ready to meet that time commitment. City Council Minutes of November 5, 2019 Page 13 of 18 Council Member Brandman requested that a vote be made on his motion so the public understands that City Council is behind this matter. Council Member Moreno encouraged Council Member Brandman to withdraw his motion due to Brown Act implications which may impact the timeline of the ad hoc committee. City Attorney Robert Fabela advised that an ad hoc committee that is less than the quorum of the City Council and has a limited timeline to return to City Council is not subject to the rules of the Brown Act. City Clerk Theresa Bass clarified that a body that is voted on and created by the City Council would be required to have postings, recordings, and public comments available on the City website for the public. MOTION: Council Member Brandman moved to direct staff to look into creating a public/private partnership to build a minimum 100-bed shelter in District 2 in the next 10 days and request the mayor consider creating an ad hoc committee under his authority in this regard, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil). Motion carried. D114 20. RESOLUTION NO. 2019-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Policy 1.6 of the City Council Policy Manual relating to the manner in which members of the City Council may place matters on the agenda of a regular City Council meeting and rescinding Resolution No. 2018-149. DISCUSSION: Council Member O'Neil believed the item spoke for itself and was intended to curtail any abuse of process by repeatedly agendizing items that have already been brought before City Council. MOTION: Council Member O'Neil moved to approve as presented, seconded by Mayor Sidhu. DISCUSSION: Council Member Moreno did not see a need for the item and would like to see evidence of items that have been re-agendized. He felt the rule that requires three members of Council was sufficient enough to agendize City Council items. Mayor Pro Tern Kring noted that Council Member Moreno has re-agendized many items related to the Angels Stadium negotiations. She also noted that re-agendized items take many hours away from staff and she supported this item. In response to Council Member Faessel's inquiry, Mayor Sidhu advised that another Council Member cannot agendize an item once the item has been heard. Council Member Barnes reported that this item was discussed at a recently held public meeting and read a brief statement regarding current practices of agendizing items by the Council majority. She expressed concern regarding the efforts of silencing the minority members of City Council. SUBSIDIARY MOTION: Council Member Barnes moved to amend the motion to sustain the current manner in which members of the City Council may place matters on the agenda with the addition of the requesting Council Member be responsible for drafting the staff report and any associated documents to review with the City Attorney and City Manager and add a new City Council Minutes of November 5, 2019 Page 14 of 18 provision for a 50-signature resident petition to add items to an agenda, seconded by Council Member Moreno. POINT OF ORDER: Council Member O'Neil called for a point of order requested a ruling by the chair of the allowability of the second provision of Council Member Barnes's motion. Mayor Sidhu approved the point of order and ruled the second provision of the subsidiary motion out of order. DISCUSSION: In response to Council Member O'Neil's inquiry, City Attorney Robert Fabela clarified what was agendized and opined that if the point of clarification was related to the Brown Act then Council Member Barnes' amendment was not necessarily outside of what was agendized for discussion and, if the point of clarification was not related to the Brown Act, then he would defer the ruling to Mayor Sidhu. POINT OF ORDER: Council Member O'Neil called for a point of order requested a ruling by the chair on the amendments by Council Member Barnes. Mayor Sidhu approved the point of order. APPEAL: Council Member Moreno appealed the decision on the point of order, seconded by Council Member Brandman. Council Member O'Neil rescinded his point of order to allow for a vote on the subsidiary motion. DISCUSSION: Mayor Pro Tern Kring noted that she understood that Council Member Barnes would be bringing this item during Council Communications and addressed the various majority/minority components of Council. She noted she has received comments from her constituents that the City is running efficiently. Council Member Brandman noted his concern with the amendment is that City Council would now be doing a portion of the Administration section of the City Charter. Council Member Barnes expressed her concern with efforts in silencing the City Council minority and not being able to speak for residents. Council Member Moreno expressed his opposition to the amendment and noted that staff works for the entire City Council. SUBSIDIARY MOTION: Council Member Barnes moved to amend the motion to sustain the current manner in which members of the City Council may place matters on the agenda with the addition of the requesting Council Member being responsible for drafting the staff report and any associated documents to review with the City Attorney and City Manager, seconded by Council Member Moreno. ROLL CALL VOTE: AYES -1 (Council Member Barnes); NOES — 6 (Mayor Sidhu and Council Members Kring, Brandman, Moreno, Faessel, and O'Neil). Motion failed. DISCUSSION: Council Member O'Neil expressed his concern about the perceived silencing of the minority and noted there was nothing to preclude a motion to suspend the rules to allow an agenda item from being heard again in the six month time frame. Council Member Brandman felt that each councilmember should have the right to agendize items and felt the rules in place were sufficient. City Council Minutes of November 5, 2019 Page 15 of 18 Council Member Moreno addressed previous changes to agenda-setting procedures, including former Council Member Kris Murray requesting the removal of the power of the Council majority to veto agenda requests. He referenced the City Council meeting of February 28, 2017 and noted that it was agreed that being able to agendize items was preferred. He advised he will contact the American Civil Liberties Union (ACLU) if the item passes and limits his ability to agendize. Mayor Sidhu expressed his support for the item. MOTION: Council Member O'Neil moved to approve RESOLUTION NO. 2019-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Policy 1.6 of the City Council Policy Manual relating to the manner in which members of the City Council may place matters on the agenda of a regular City Council meeting and rescinding Resolution No. 2018-149, seconded by Mayor Sidhu. ROLL CALL VOTE: AYES —4 (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil); NOES — 3 (Council Members Barnes, Brandman, and Moreno). Motion carried. PUBLIC HEARING: 8137.1 21. This is a public hearing with respect to the proposed issuance by the Anaheim Housing Authority of its multifamily housing revenue bonds in an aggregate principal amount not to exceed $30,000,000, in order to finance the acquisition, rehabilitation, and equipping of the multifamily rental housing project located at 1515 S. Calle Del Mar (Hermosa Village Apartments Phase II) (Continued from Council meeting of October 29, 2019). RESOLUTION NO. 2019-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing Authority for the Hermosa Village Apartments Phase II. Director of Community & Economic Development John Woodhead presented the staff report and noted the item is to adopt a Resolution pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing Authority for the Hermosa Village Apartments Phase II. Mr. Woodhead advised the proposed action fulfills federal tax law requirements under the Tax Equity and Fiscal Responsibility Act (TEFRA). Notice of the public hearing was published in the Anaheim Bulletin on October 17, 2019. To move the project forward and complete the California Debt Limit Allocation Committee (CDLAC) application process, staff is requesting approval of the Resolution per Section 147(f) of the Internal Revenue Code. The proposed bond issuance is not to exceed an amount of$30,000,000. The bonds are to be repaid from project revenues; accordingly there is no risk of default to the City or Housing Authority. The Authority will receive 1/8 of 1% of the bond amount at the time of issuance, and on an annual basis, to monitor the affordable units. Mayor Sidhu opened the public hearing. City Council Minutes of November 5, 2019 Page 16 of 18 William Fitzgerald, Home Owners Maintaining Our Environment, expressed his concern that the meeting does not follow the rules of the Brown Act. He expressed concerns that City Attorney Fabela does not know the Brown Act. Additionally, he expressed concern that the City was paying too much for the development. Bobby Donelson expressed his concern regarding the actions of Mayor Sidhu in tabling items without proper discussion. He also expressed concern that Mayor Sidhu is making decisions based on the needs of his political backers. Mayor Sidhu closed the public hearing. DISCUSSION: In response to Council Member Moreno's inquiry, Mr. Woodhead clarified that the City Council, acting as the governing board of the Housing Authority, needs to give notice to the public of the intention to issuing bonds which was the resolution and public hearing that was heard earlier. He noted the issuance of tax-exempt bonds needs to be approved by the City Council. Council Member Moreno expressed his support for the item and was pleased the project included affordable housing. He referred to a development project that was heard by the Planning Commission and noted Council Member O'Neil's urging of the Planning Commission to oppose the item as its location would be in Anaheim Hills. He urged City Council to approve the item. MOTION: Mayor Pro Tern Kring moved to approve RESOLUTION NO. 2019-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing Authority for the Hermosa Village Apartments Phase II, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES -7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil). Motion carried. REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non-agenda items): None COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Council Member Brandman announced a Jump & Jive story time on November 8 at 11:30 A.M. and a cultural kitchen event on November 14 at 3:30 P.M., both at Euclid Library. He thanked his colleagues for supporting his efforts regarding homelessness in District 2, thanked the Mayor for forming an ad hoc committee, and thanked the staff for their work. Council Member Faessel requested the meeting adjourn in memory of Ed Royce, Sr. He highlighted an Orange County Register article about the Senior Safety Net program to support all seniors in the city and requested it is linked to the City's website. He reported his attendance at three Trunk or Treat events on October 31 at First Nazarene, St. Anthony's, and Ambassador Church, the Dayle McIntosh Center benefit dinner on November 1, and the Beauty Beneath the Rubble and Creative Identities events at the Muzeo on November 2-3. He highlighted the Harbor Substation dedication earlier in the day. City Council Minutes of November 5, 2019 Page 17 of 18 Council Member Moreno addressed his work on the proposed campaign finance reform ordinance and thanked the City Clerk, the City Attorney, and his Council aides for their work on the proposal. He provided details of the proposal regarding contributions, recusals, and timeframes for opening committees and gave examples of recent campaign contributions to Council Members and other entities. He asked the public to urge Council to re-agendize the item. Mayor Pro Tern Kring addressed the tabled campaign finance reform ordinance, entities that were not included, possible effects on candidates, and historical background. She highlighted the Harbor Substation dedication and ribbon-cutting, the participation of Ponderosa Elementary School students, and requested certificates for each student and the principal who assisted with the dedication, concurred by Council Members Brandman and O'Neil. As an Anaheim Family YMCA board member, she reported she would "Take a Pie for the Y" as a fundraiser benefit, in addition to Council Members Faessel and O'Neil. She announced the Anaheim Confidential event at River Church on November 8th at 5:00 P.M. to benefit Cops 4 Kids, the Veterans Day ceremony at the Veterans Memorial on November 11th at 11:00 A.M., and a District 4 Community Town Hall meeting at Ponderosa Family Resource Center on November 12th at 6:30 P.M. In response to public comments, she stated the Bridges at Kraemer shelter, while in Anaheim, is run by the County and the Board of Supervisors is responsible. Regarding security measures, she stated those were suggested by a safety committee and she announced a recent groundbreaking event to build a facility in the City of Orange to assist those with mental issues and addictions. Council Member O'Neil addressed Item No. 18 pointing out the exclusion of union contributions and that the ordinance did not mirror Yorba Linda, citing that Yorba Linda doesn't have contribution limits. He further expressed that the item was not campaign reform but politically charged. Council Member Barnes announced the Meet on Beach event on November 17th and the WAND Christmas Tree Lighting at Twila Reid Park on December 6. She addressed the one-year anniversary of addressing homelessness in District 1 and thanked all those who helped in the efforts. She also announced the senior community was working on a 4-year plan and she would hold town hall meetings to get input. Mayor Sidhu thanked Public Utilities General Manager Dukku Lee and his team for the Harbor Substation dedication, recognized the city's veterans and announced the Veterans Day ceremony on November 11th, and reported negotiations with the Angels would focus on an agreement with benefits to the residents and neighborhoods and also work for the Angels and the fans, including reasonable market price, ongoing revenue for the city, and benefits for the community. • City Council Minutes of November 5, 2019 Page 18 of 18 ADJOURNMENT: With no further business before the Council, Mayor Sidhu adjourned the November 5, 2019 meeting at 10:18 P.M. in memory of Ed Royce, Sr. R_es•ec ull submitted, _.,,) resa B..ss, CMC City Clerk