02/28/2017ANAHEIM CITY COUNCIL REGULAR MEETING
OF FEBRUARY 28, 2017 11
The regular meeting of February 28, 2017 was called to order at 3:00 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 24, 2017.
PRESENT: Mayor Tait and Council Members: James Vanderbilt, Kris Murray, Denise Barnes,
Jose F. Moreno, Lucille Kring, and Stephen Faessel.
STAFF PRESENT: City Manager Paul Emery, Acting City Attorney Kristin Pelletier, and City
Clerk Linda Andal.
WORKSHOP: Public Safety Board Overview
City Manager Paul Emery announced the workshop would review the pilot Public Safety Board
(PSB) which was established just over two years ago and would be presented by Joseph Brann,
review consultant, Michael Gennaco of the Office of Independent Review (OIR) who has served
as an independent external auditor, and Senior Administrative Analyst Lylyana Bogdanovich.
Ms. Bogdanovich provided background information that the board was established in February
2014, at which time Michael Gennaco's and OIR's role was also expanded. The proposed pilot
PSB was created following research of other boards across California that worked within the
same state laws, and specifically looked at the description of the board, whether or not they had
investigation powers, subpoena powers, unfettered access, whether or not professional staff or
civilians/citizens had access to documents, whether they specifically reviewed processes, and if
they were able to recommend policy changes.
She continued there were primarily three models of police review or oversight: 1) investigative
model: an independent agency authorized to conduct interviews, investigations, and were
experienced investigators; 2) citizen review board model: board of individuals that conducts
meetings, is authorized to review complete investigations of externally generated complaints at
times, and may or may not issue policy recommendations; and 3) hybrid model: with an
auditor/ombudsman or monitor who is authorized to review internal affairs complaints, monitor
them, is sometimes authorized to conduct or ask for additional investigations, and also issues
policy recommendations. She added there was not a "one -size -fits all" method and each model
needed to be customized for each jurisdiction and needs of the particular community.
Ms. Bogdanovich explained the Anaheim model was a blended approach, with a community
review model of nine members from four neighborhood council districts, who were involved with
reviewing the public safety budget, encompasses both police and fire, looks at staffing levels,
service delivery mechanisms, and reviews critical incidents including office- involved shootings
(OIS) in addition to an independent external auditor that looks upon a wide variety of critical
incidents, use of force, and other items, which will be expanded upon later in the presentation.
She shared slides with the desired outcomes of Anaheim's model: increasing transparency and
further engaging community members into public safety practices, issuing public
recommendations, community oriented policing, and access to an independent external auditor
with extensive experience in public safety practices and police work. At the conclusion of the
City Council Minutes of February 28, 2017
Page 2 of 36
two-year pilot period, the City engaged Joseph Brann to evaluate whether the City and board
had met the objectives stated in the operating procedures.
Joseph Brann, Joseph Brann and Associates, explained his approach was to identify several
key questions to examine, obtaining perspectives of the key stakeholders involved in the
process including the PSB members, Mr. Gennaco, City departments, and those with an
ongoing role in working with the responsibilities of the PSB. He focused on understanding
perspectives of those engaged in the process and whether expectations were met through the
creation of the board and its operating procedures via conducting interviews and comparing with
other boards across the country engaged in civilian oversight, of which no two boards were
identical, as each was developed around the unique needs of their communities and even the
most functional did meet all needs or expectations as people had different expectations. He
stated Anaheim had a unique model, developed with great deal of input and consideration to the
circumstances and involved a great deal of community involvement as well.
In his view, the PSB was fulfilling its mission as set forth but offered a caveat that it did depend
on whom you asked and how expectations had changed over time compared to when the board
was formed. He continued that the operating procedures helped clarify the objectives, duties,
and responsibilities for the board but the mission had caused some confusion, as there was not
a clear mission statement in place. Overall, at the time it was created, the overarching purpose
of the PSB was to increase public input regarding fire and police services and better
understanding of how to integrate the public's performance expectations into goals for those
agencies. At this stage, the PSB is very engaged in ongoing reviews, looking at policies and
procedures, and giving feedback, which was not quite in place early in the process which
caused come concern amongst the board members. Accomplishments include the formation of
the board, addressing issues, and the important aspect of providing an avenue for public
participation to share their observations and concerns, and ensure follow up was being
completed. He continued that the work of the board fit with the work of OIR as professional
body with specific skills, experience, and expertise to review specific cases. Mr. Brann
expressed this hybrid model appeared to work for Anaheim and made the following
recommendations:
1) maintain the body to address community input along with OIR's review role;
2) develop a mission statement to bring clarity to its purpose, which will help with
transitions as new members step in to better understand the levels of time and
commitment required. In developing the mission statement, a final determination should
be made if the PSB should engage in the review of internal investigations or complaints;
3) increase community awareness about the board, its authority and responsibilities, and
how it functions by having the members continuously out in the community to educate
the public and obtain feedback;
4) establish a comprehensive training program, particularly for transitions of membership;
5) make final determination if PSB should continue to address both the Fire & Rescue and
Police Departments or focus solely on the Police Department, which is where most of
their time has been spent to date.
In response to Mayor Pro Tem Vanderbilt, Mr. Emery reported the PSB had reviewed
approximately 57 recommendations by Mr. Gennaco's group with respect to policy, practices,
and training, of which 42 had been implemented by the Police Department, some were under
review, and selected recommendations were not agreed upon by the Police Department.
City Council Minutes of February 28, 2017
Page 3 of 36
Mr. Gennaco, OIR Group, explained he had a relationship with the City since 2007, when it was
determined to be helpful to have an external audit of internal affairs functions and uses of force,
with the idea of making improvements and recommendations. During this time, he had access
to information but the reports he created were considered confidential in nature as a result the
community did not have access to these reports and were not aware of changes that were
made based on his recommendations. Since 2012, he has continued his work but with the
reports and recommendations made public as well as, at that time, the development of the PSB.
He highlighted that, of approximately 50 jurisdictions in Orange County with police departments
and law enforcement responsibilities, Anaheim was only one of two with any sort of significant
oversight. He posited that because of OIR Group's and the PSB's presence and involvement,
there has been reform within the department that may not have happened as expeditiously as if
they were not involved. He believed the City and Police Department had been cooperative in
providing access to information to him, receptive to recommendations for improving way it
should be doing its business, learned from significant critical incidents, was holding officers
accountable, and overall improving as a department on a move -forward basis. He expressed
pride in the MIRT process of a robust, after -action review following an OIS or critical incident, to
provide analysis and critical thought on ways to improve. He believed the PSB, by its existence,
had caused the department to engage with a new entity in a different way, through training,
attendance at meetings, and answering questions regarding procedures of the department. He
reported the PSB was able to view confidential videos of OIS in closed session, to get an idea of
what initial evidence suggested regarding incidents, which was not allowed by many agencies.
In regards to his recommendations, he appreciated that the Police Department was thoughtful
with their analysis and hoped they could arrive at consensus on the remaining
recommendations. Regarding the continuation of the PSB, he saw four areas to address:
1) what kind of access should the board have, i.e. complete access or access to certain
information regarding critical incidents;
2) what type of authority should they have to dictate policies for implementation or be more
advisory in nature, with one potential improvement being to involve the board in citizen
complaint intakes and then opine on how such investigations should be disposed of;
3) transparency -what kind of reporting, annual reports, etc. should be implemented; and
4) expectations regarding public outreach, beyond providing opportunities for the public to
engage with the board during meetings every two months.
He questioned if more authority, access, and transparency for the board would increase the
community's confidence in the board and allowed that it may. He agreed with Mr. Brann
regarding clarifying the mission statement but provided two cautionary points for further
consideration: 1) increasing the board's authority and access to information may necessitate a
meet and confer process with the Police Association or union as it could impact the working
conditions of officers; and 2) to whatever degree access to confidential information is provided
to the board, the board members would still be limited by state law of disseminating such
information to the general public, thereby continuing the same challenges with transparency.
Ms. Bogdanovich shared accomplishments of the PSB including public reports to the
community; published statistics on use of force and OIS not previously made public;
implementation of 42 of 57 recommendations from Mr. Gennaco; increased transparency; PSB
access to critical incidents in real time; and 12 public meetings since October 2014.
At the invitation from Mayor Tait, Forrest Turpin, PSB Chairman, shared the report succinctly
analyzed the experience of the PSB and its members, some of whom believed the boards
could/should do more. One area for improvement, Mr. Turpin stated, was better communication
with the public to explain their availability and the work being done by the board and time for
City Council Minutes of February 28, 2017
Page 4 of 36
board members to dialogue with each other about the public's concerns. He recommended
further discussions to address issues and the perspectives of the board members to improve
the board in a continued capacity.
In response to Mayor Tait, Mr. Gennaco explained he had unfettered access to confidential
information as an attorney in order to perform audits but he was still subject to the restrictions of
Penal Code §832.7 wherein he could not publically provide specific details about the records,
information, officers, etc. He further explained that if the same access was provided to the PSB
members, the same restrictions would apply; they could serve as eyes and ears for the
community but could only generically report out that items had been investigated with
satisfactory or unsatisfactory results.
Mayor Tait expressed his appreciation for the hard work that went into initially forming this
board, recommended removal of the Fire & Rescue Department from the review process,
emphasized the importance of accountability while recognizing the challenges with privacy
protections, and requested further discussion of best practices to improve the board,
department, and city overall.
Council Member Faessel commented that public safety was the basic job of government and
believed it important to keep this board in place. He requested consideration of having the
board report to the City Council, rather than the City Manager, as well as membership appointed
by districts to increase responsibility.
Council Member Murray stated she was encouraged to hear the board had been successful and
made adjustments where needed based on recommendations and questioned how the
meetings were publicized. Mr. Emery reported all notices, agendas, reports, and
recommendations were posted on the City's website. Ms. Murray continued that she had heard
no public feedback about the board, its value, its work, or its effectiveness or lack thereof over
the previous two years of its existence, other than a few comments at City Council meetings,
nor had she heard anything over that time from the board members themselves, expressing any
concerns. She asked, if there were to be more follow up and research, that consideration
regarding membership including residents with former public safety or law enforcement
backgrounds be included. Based on statistics she provided of only'/2 of 1% of over 250,000
police interactions with the public involved any use of force which speaks to the training and
caliber of the Anaheim Police Officers. She highlighted recent programs and activities of the
Police Department such as regular community meetings, Coffee with a Cop, citizen education
sessions, flashlight walks, security at schools and recreation events, Chief's Advisory Board,
Chief's Advisory Neighborhood Council, Chief's Youth Advisory Council, Cops 4 Kids, and
implementation of body worn cameras to increase security and transparency as major gains;
finding the report to be overall positive and wishing to continue the PSB, as -is, with only minor
modifications.
Council Member Kring commented there was not a need to increase the PSB's powers, as there
were already multiple layers of police oversight through Internal Affairs, MIRT, the DA's office,
and Council. She expressed a desire to move toward district appointments of PSB members
with careful background screenings due to the sensitive subject matters encountered. She
believed the board to have been proven effective overall and did not believe a complete
overturn was warranted.
City Council Minutes of February 28, 2017
Page 5 of 36
In response to Mayor Pro Tem Vanderbilt, Mr. Emery explained the PSB did not make its own
recommendations but worked together with Mr. Gennaco and reviewed the OIR
recommendations.
Council Member Moreno requested any further review and changes to the board be made
quickly to address the needs of the community and to foster greater trust between the public
and the Police Department. He wished more members of the public had been engaged in the
review process rather than just PSB members, and questioned whether the PSB made formal
reports after reviewing critical incidents. Mr. Gennaco replied that the OIR Group created a
public report for each incident that was reviewed and discussed at the public PSB meetings.
Council Member Moreno recommended the PSB make a timely report or statement about any
incident to address public concerns, rather than waiting months -to -a -year for formal reports from
OIR Group or the OCDA. He requested additional review of independent, investigative police
commissions that can increase public confidence and the removal of the Fire Department from
the PSB's purview.
Mayor Tait indicated public input would be received at a future workshop.
Council Member Murray spoke against a full police investigative board, as additional local, state,
and federal layers of oversight were in place.
Mayor Tait requested the PSB make and report findings.
With no further discussion, Mayor Tait closed the workshop and addressed the Closed Session
agenda.
ADDITIONS\DELETIONS TO CLOSED SESSION:
Acting City Attorney Kristin Pelletier reported Item No. 3 on the Closed Session agenda related
to initiation of litigation against a company, Excel Metals, LLC, and its principals to potentially
recover money owed for scrap metal Excel received from the City and sold at market.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
William Fitzgerald addressed Item No. 5 and believed the city could save money by selling the
Anaheim Convention Center and contracting out police, fire, and attorney services.
CLOSED SESSION: At 4:23 P.M., Mayor Tait recessed to closed session for consideration of
the following items:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Brandon Pershin v. City of Anaheim, Orange County Superior Court,
Case No. 30-2016 00833328
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Victor Mondragon v. City of Anaheim, United States District Court,
Case No. SACV16-00834
City Council Minutes of February 28, 2017
Page 6 of 36
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California
Government Code Section 54956.9: One potential case.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the Government Code)
Property: 528 W. Lincoln Avenue
Agency Negotiator: Rudy Emami, Director of Public Works
Negotiating Parties: E.P.N., Inc.
Under Negotiation: Price and terms of payment for purchase and sale of property
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the Government Code)
Property: Parcel 3 of Parcel Map 88-251, in the City of Anaheim, County of Orange,
State of California, as per map recorded in Book 233, pages 41 to 46 inclusive of Parcel
Maps, in the office of the County Recorder of said county (also commonly referred to as
Car Park 2 of the Anaheim Convention Center and the Hilton Self -Parking Garage).
Agency Negotiator: Tom Morton, Executive Director of Convention, Sports and
Entertainment
Negotiating Parties: HHC HA TRS, Inc.
Under Negotiation: Price and terms of payment for purchase and sale of property
At 5:18 P.M, the council session was reconvened.
INVOCATION: Major Ian Robinson, Salvation Army
FLAG SALUTE: Council Member Lucille Kring
PRESENTATIONS: Recognizing Manuel T. Ontiveros for his service with North Orange
County Community College District
Mayor Tait thanked and recognized Manny Ontiveros for 17 years of service on the NOCCCD
board and previous service on the Anaheim Parks & Recreation and Youth Commissions. He
further acknowledged the many students that had been assisted and educated through Mr.
Ontiveros' efforts.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming March 2017, as American Red Cross Month
Proclaiming March 2017, as Music in Our Schools Month
Dr. Linda Wagner, Anaheim Elementary School District Superintendent, accepted the Music in
Our Schools proclamation and announced the music program had grown from nothing to 13 full-
time music teachers which would double the next year through a partnership between the
school district, the City, and local corporations and universities.
Proclaiming March 2017, as National Athletic Training Month
Proclaiming March 2017, as Professional Social Worker Month
City Council Minutes of February 28, 2017
Page 7 of 36
Proclaiming March 2017, as Women's History Month
Jane Newell, Heritage Services Manager, accepted the proclamation for Women's History
Month and shared information about Alice Boyle Higgins, the first woman physician in Anaheim
and Orange County.
Proclaiming Thursday, March 2, 2017, as Read Across America Day
Dr. Linda Wagner, Anaheim Elementary School District superintendent, accepted the Read
Across America Day proclamation and announced Dr. Seuss' birthday on March 2nd was a great
day to bring professionals into classrooms to emphasize the importance of reading.
ADDITIONS/DELETIONS TO THE AGENDA:
City Clerk Linda Andal reported Item No. 37 was a noticed public hearing, which the appellant
had withdrawn from the agenda. With no objection, Item No. 37 was removed from the agenda.
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum
statement was provided by City Clerk Linda Andal.
Cecil Jordan Corkern, Outreach Homeless Ministries, read from the Bible, offered comments
related to Disney, and played a recording of the mayor's State of the City address.
Renee B. provided information about the trial related to the death of Monique Deckard,
disagreed with the Police Department's actions regarding the confrontation between off-duty
LAPD officer Kevin Ferguson and a 13 -year old, and urged transparency and accountability for
the Police Department.
Mike Robbins shared his view that the Police Safety Board was essential to oversee the police
and urged immediate action regarding the homeless including repeal of the seize and destroy
portion of the camping ordinance, creation of a task force, and transitional facilities with full
services, bathrooms, showers, and storage areas.
Jeanine Robbins commended the plan to provide jobs to the homeless but questioned how they
could accept jobs while having nowhere to leave their belongings where they would not be
confiscated, urged repeal of the camping ordinance, requested the creation of a homeless task
force, and requested a plan for spending $700 million at the County level to address
homelessness.
Lou Noble read from the Bible, believed lawsuits would challenge portions of the camping
ordinance as unconstitutional, recognized the work of CityNet but believed more needed to be
done for affordable housing, and advocated for safe zones to keep homeless individuals safe
from criminal elements.
Duane Roberts, while initially skeptical of the Public Safety Board, praised it for requesting an
investigation of the Police Chief by OIR and looked forward to participating in future discussions
on how to make the PSB more powerful.
City Council Minutes of February 28, 2017
Page 8 of 36
Mark Daniels opined he would like to see the Public Safety Board continue, suggesting it
include representatives from each district and have subpoena powers. Regarding
homelessness, he recommended the ordinance be enforced as written or repealed and
suggested Council meet with Nancy West to review her proposal.
William Fitzgerald, Anaheim HOME, discussed news articles about local children experiencing
health issues from dental treatments and made allegations regarding micro bacteria in the
water. He also claimed the City was withholding records responsive to a PRA request he
submitted and alleged Mayor Pro Tem Vanderbilt and Council Member Moreno had received
political donations from dental entities while on the school board.
Mayor Pro Tem Vanderbilt replied that he had not received any political contributions
from dental organizations during his election to City Council or the school board and
referred to records available at the Orange County Registrar of Voter's office.
Council Member Moreno stated he would research his donations and publically
announce if any were from dental groups.
Mayor Tait reported Public Utilities General Manager Dukku Lee and the OCWD had
given a complete report about the quality of Anaheim's water, showing no contamination.
R. Joshua Collins, Homeless Advocates for Christ, read from the Bible, offered his opinion that
police officers were in violation of Penal Code sections 496, 488, and 484(a) regarding the
property of homeless individuals, and suggested the Police Department reimburse the homeless
for what was taken and any fees levied.
Wes Jones thanked Mayor Tait for the proposed jobs initiative for the homeless, shared a
personal story regarding homelessness, and requested safe zones be established and portions
of the camping ordinance be repealed.
Matthew Skaggs, Director of Community Relation for Tender Touch Ministries, suggested using
the Santa Ana Courtyard shelter as a model to develop a program and facilities to address
homelessness until permanent solutions could be implemented.
Katherine Smith, West Anaheim County island resident, commended David Raymondo, Al
Palmers, Gabriel Almanza, Ray Barajas, and Carlos Mendoza for their quick response and
repair work of an underground issue by her home; thanked Mayor Tait for the event at the park;
reported vandalism by a homeless person at Ara's Pastry; and offered her thoughts on the
overall state of the country.
John Dunton acknowledged students, Council Members, and city staff for their efforts planting
trees at the park and suggested more communication and media attention, and asked for more
support for summer programs and youth organizations such as the YMCA, Cops 4 Kids, and the
Boys & Girls Club.
Ron Bengochea commended the students who participated in the event on Saturday,
encouraged accountability and responsibility starting at home, addressed homelessness and
suicide rates of Vietnam veterans, and encouraged neighbors to help take care of each other
and their communities.
City Council Minutes of February 28, 2017
Page 9 of 36
Margot Shaffer, Stanford Court HOA board president, expressed the concerns of her community
regarding the homeless and safety issues, citing an increase of crime.
Edgar Arellano lodged a complaint against police actions in the Palais neighborhood on
February 23 of restricting sidewalks and access to neighborhoods and suggested better
community relations were needed.
Kristine Ritzke spoke on behalf of her neighbors in favor of Item No. 25 for Permit Parking
District No. 58, explaining their quality of life had been disrupted by spillover parking from
surrounding apartment complexes, trash, noise pollution, blocked driveways, and vehicles
parked for extended time periods. She shared the responses in favor of permit parking from her
area (Aron -100%, Roven-100%, Gain -89%, Beachy-75%) and asked Council to approve Item
No. 25.
Cathy O'Dell Town expressed her distress with the homeless encampment at Orangewood and
Highway 57 as well as new fencing which had caused the homeless to move under the Big A
and suggested an empty building at 2040 State College Boulevard could be used as a sleeping
location.
Linda Lehnkering, Anaheim Poverty Task Force, reported the Orange County Board of
Supervisors had adopted the "Housing First" best -practice solution in their 10 -year plan to end
homelessness but had not fully funded this approach, and encouraged Anaheim to review its
housing element and affordable housing levels. She further requested the seize and destroy
portion of the camping ordinance be repealed and the creation of interim service areas for
sleeping and property storage.
Tim Houchen, District 5 resident, explained that having an item on the agenda regarding
homelessness did not lead to conversations and requested creation of a task force to suggest
and implement solutions through the community.
Council Member Moreno suggested a homeless taskforce could that fall under the
Housing and Community Development Commission.
John Machiaverna, Boys & Girls Club, reported a reduction in police calls and gang activity in
the year they had been at Manzanita Park handouts, shared information about their
partnerships and activities to help children and the local community, and invited Council to a
fundraiser on April 15 at Angel Stadium.
Jennifer Rojas, ACLU of Southern California, commented that the current Public Safety Board
lacked the adequate authority and resources to accomplish significant civilian oversight of the
police department and suggested eight elements for an effective civilian oversight body: 1)
independent board membership, nominated by civil organizations, 2) broad scope to review
complaints, 3) independent investigatory authority, 4) ensure discipline sticks, 5) audit policies
and practices of the police department, 6) secure funding to ensure sustainability, 7) ensure due
process protections applied for all police officers, and 8) have public access and reporting
duties.
Martin Lopez, regarding Item No. 36, stated community interests needed to be considered with
the all development and disposition of public land. He also stated more information needed to
be provided in advance regarding the process for selling public land, how staff determines
benefits to the community, recommended affordable housing or a park were better uses for the
City Council Minutes of February 28, 2017
Page 10 of 36
site, supported creation of a homeless task force, and suggested amendments to the camping
ordinance.
Joe Otero, District 4 resident, requested speed bumps and permit parking on Crone Ave.,
similar to those in place nearby in his neighborhood.
Alexander Rosado OCCORD, requested formation of a new public safety and police
accountability board that reports directly to City Council to provide oversight and accountability
of the police department and suggested it include five components: 1) membership equally
distributed 1/3 each victims of police brutality, former law enforcement, and community
members of diverse backgrounds; 2) adequate budget resources to conduct investigations; 3)
ability to investigate with subpoena powers; 4) comply with state open meeting laws; and 5)
power to review and report police department performance to the public on an annual basis.
The Cameraman requested Chief Quezada be fired or step down due to his actions and
statements regarding the KKK protest at Pearson park, alleged timesheet fraud, the incident
with the off-duty LAPD officer, and homelessness.
David Lake, regarding Item No. 23, submitted records and requested approval of permit parking
in his neighborhood near Ponderosa Park due to limited parking availability due to apartment
spillover, the skate park, and large conventions. He also alleged potential fraud in the voting
process for permit parking and a decrease in housing values.
Vern Nelson stated he believed there was a homeless emergency as 200 people were dying
each year and recommended safe zones be set up across the city, recommended repeal of the
seize and destroy ordinance, and suggested Officer Ferguson be charged with crimes for his
actions toward the youth on his lawn.
Brianna was disappointed to see the police arrest the youth but not Officer Ferguson and
requested more programs, support, and respect for young people.
Sabyl Landrum, Legal Aid Society of Orange County, submitted letters and cited a Ninth Circuit
Court decision that criminalizing sleeping in public and confiscating property violates
constitutional protections, stated there was not enough current shelter space to house
Anaheim's estimated 772 homeless individuals, and requested the City cease enforcing its
ordinance.
David Mangikyan, Legal Aid Society of Orange County, shared a client's experience of having
property confiscated and her attempts to retrieve the property and asked Council to stop
enforcing the seize and destroy ordinance.
Robert Henderson, Executive Director of Care for the Children, announced a new program
called Food Baskets for Seniors focused on providing a 30 pound box of food per month to each
home -bound senior that enrolls in the program. He stated they were working with Community
Action Partnership and local grocery stores to determine logistics and provide additional food
baskets.
City Council Minutes of February 28, 2017
Page 11 of 36
Ruth Hull recommended prosecution of Officer Ferguson for endangerment and assault, asked
Council to apologize to the children involved, and emphasized the importance of the lives of
children.
Mayor Tait explained the role of City Council was to listen but could not, by Charter,
influence any criminal investigation which was being conducted by the Police
Department and would be turned over to the District Attorney's office for determination.
Linda Lobatos, expressed her feelings about the Euclid/Palais incident and requested support,
programs, and activities for kids to keep them safe and away from negative situations.
Gerardo Rosas spoke against Item No. 23 and asked Council to deny the resolution for permit
parking as, in his view, it was unnecessary and infringed on the rights of his neighbors and
himself.
David Haas, civil rights attorney and Los Amigos member, supported the ACLU
recommendations for the Public Safety Board and suggested enshrining the board in the
Charter. He further recommended the board have a focused purpose, subpoena power, and
the ability to refer cases to a grand jury.
Joshua Correa, Placentia minister, suggested neighborhoods coming together as neighbors
could help mitigate homelessness and incidents such as that with the LAPD officer, and offered
prayers for leadership and the city.
A female speaker addressed conflicting comments regarding assisting the homeless, placement
of shelters, how to create and fund new programs, and recommended people join organizations
and help create solutions rather than merely looking to the government for assistance.
Bob Donelson, District 4, recommended the existing facility at Ponderosa Park be used for
restrooms and showers to serve the homeless population, including approximately 160
homeless children attending Ponderosa Elementary School. He further suggested large tents
be set up to provide coverage for homeless people and to ask the County for funding to help
build showers and restrooms.
A male speaker shared his background in the city and how he was now homeless, stated there
were both good and bad "apples" in all groups including the homeless and the police, and
suggested each person be individually considered.
Jeff LeTourneau asked Council to pressure the County to allocate additional resources toward
homelessness and read and submitted copies of a Democratic Party resolution regarding the
incident between a student and an off-duty LAPD officer.
Nancy West asked Council to consider her plan to address homelessness and to cease
enforcement of the camping ordinance, cited concerns with the investigation of the LAPD officer
incident, and suggested fence installations for those that wanted to restrict access t their lawns.
Bryan Kaye shared his experiences with the police department and drew comparisons with the
youth/officer incident.
City Council Minutes of February 28, 2017
Page 12 of 36
Larry Larsen offered support for the Police Department and questioned the hiring of a consultant
with agreements with the City to serve as an assistant to a Council Member.
Council Member Kring stated Mr. Lodge would not be involved with any projects or
decisions regarding Hill International.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Faessel reported Council Member Barnes would be joining him in a working
group to assess parks, citywide.
Council Member Kring responded to comments regarding the homeless and stated she was
appointed as Chair of the ACCOC Homelessness Community task force.
Council Member Moreno addressed the recent incident involving the off duty LAPD officer.
Mayor Tait spoke of the community event at Palm Lane Park and thanked the Anaheim Union
High School District, Police Department, and Community Services Department.
Mayor Pro Tem Vanderbilt reported he went to observe the recent protest and thanked
residents for disbursing peacefully.
Council Member Barnes responded to comments regarding the homeless and encouraged
residents to visit anaheim.net for resources and to attend the CityNet and neighborhood
community meetings. She also requested an update on Lyndy's Motel.
Council Member Murray spoke of her attendance at the Dale Junior High event geared to
expose young women to a career in engineering, science, mathematics and technology.
CITY MANAGER'S UPDATE: None.
CONSENT CALENDAR: At 7:58 P.M., the consent calendar was considered with Council
Member Moreno pulling Item Nos. 14, 16, 23, 24, 25, and 26 for further discussion. Mayor Tait
declared a conflict of interest on Item No. 15.
MOTION: Council Member Kring then moved to waive reading in full of all ordinances and
resolutions and to adopt the balance of the consent calendar as presented, in accordance with
reports, certifications, and recommendations furnished each city council member and as listed
on the consent calendar, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7:
(Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel).
Noes — 0. Motion Carried.
8105 1. Receive and file minutes of Budget, Investment and Technology meeting of September
28, 2016 and October 26, 2016 and Library Board meeting of January 10, 2017.
D116 2. Approve recognitions recognizing 16 Mills Act recipients/property owners for their
efforts toward preserving Anaheim's historical homes, National Library Workers' Day
on April 11, 2017, former Assembly Member Donald P. Wagner for his service to the
residents of Anaheim and four Anaheim Union High School District students honored
as part of The Disneyland Resort Dreamers & Doers program.
D117
City Council Minutes of February 28, 2017
Page 13 of 36
3. Approve the Investment Portfolio Report for January 2017.
D180 4. Accept the bid from Red Hawk Services, in an amount not to exceed $200,000, for
fencing repair and maintenance services on an as -needed basis 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 #8861.
D180 5. Accept the bid of Pricon, Inc., in the amount of $129,419 plus applicable tax, for the
purchase of network equipment and maintenance for the Convention Center and
Anaheim West Tower and authorize the Purchasing Agent to execute a Purchase
Order, in accordance with Bid #8883.
AGR -10467 6. Award a construction contract to the lowest responsible bidder, California
Landscape and Design Inc., in the amount of $435,771.61, for the removal,
reconstruction and grinding of sidewalk, curb and gutter in the right-of-way — Arterial
Rehabilitation Project Phase II, and authorize and direct the Finance Director to
execute the Escrow Agreement pertaining to contract retentions and any related
documents.
D180 7. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the
Purchasing Agent to enter the following actions with E.J. Ward, Inc.: increase a
current master agreement by $8,000, in an amount not to exceed $28,000, to allow
for new parts and additional repairs to existing fuel management system
installations; authorize a purchase order, in the amount of $20,000.00 plus
applicable tax, for the installation of a new fuel management terminal and related
equipment at Fire Station #6; and approve a new master agreement, in an annual
amount not to exceed $70,000, for purchases of parts, equipment, and services for a
one year period with up to four one-year optional renewals and authorize the
Purchasing Agent to exercise the renewal options as required to support the current
proprietary fuel management system and allow expansion of the program throughout
the City.
D106 8. Amend the Community Services fiscal year 2016/17 budget by $830,000 for park
repair, maintenance and assessment projects proposed at the February 7, 2017
Mid -Year Budget Workshop.
AGR -10468 9• Approve the Agreement for Acquisition of Real Property with Ohannes J. Yakinian,
Trustee, and Marine O. Yakinian, Trustee, in the acquisition payment amount of
$57,000, for a portion of right-of-way at property located at 1664 West Cerritos
Avenue for a road and utility easement and temporary construction easement for the
Cerritos Avenue Sidewalk Gap Closure Improvement Project (RNV ACQ2016-
00753).
AGR -10469 10. Approve the Agreement for Acquisition of Real Property with Robert H. Pernell,
Trustee, and Alice Pernell, Trustee, in the acquisition payment amount of $55,200,
for a portion of right-of-way and an additional $1,000 for the removal of a tree at
City Council Minutes of February 28, 2017
Page 14 of 36
property located 1685 West Cerritos Avenue for a road and utility easement and
temporary construction easement for the Cerritos Avenue Sidewalk Gap Closure
Improvement Project (R/W ACQ 2016-00751).
AGR -10470 11. Approve a License Agreement with Creative Identity for use of Anaheim Center
located at 100 S. Atchison Street to provide therapeutic music and expressive arts
activities for adults with developmental and intellectual disabilities for an initial term of
five years and authorize the Director of Community Services, or his designee, to
extend the term of the agreement for no more than five additional one year terms,
under the same terms and conditions.
AGR -10471 12. Approve an agreement with RAK Development dba Kreuzer Consulting Group, in the
amount of $694,667, for civil engineering services for the Orangewood Avenue
Improvements Project from State College Boulevard to the Santa Ana River (Platinum
Triangle Implementation Plan Projects 3B & 3C) and the State College Boulevard
(eastside) Improvements Project from Orangewood Avenue to Artisan Court (Platinum
Triangle Implementation Plan Project 2A).
AGR- 13. Approve an agreement with Nichols Consulting Engineering, in the amount of $67,300,
7315.A for civil engineering services for the Citywide Pavement Management Program Update
for the arterial highway system and local street system from 2017 to 2019.
D182 15. Adopt the 2017 Update to the Renewables Portfolio Standard (RPS) Policy for the
City, which maintains a 50% RPS target by 2030 and includes an Enforcement Plan
and a Renewable Energy Resources Procurement Plan; and authorize the Public
Utilities General Manager, or his designee, to prepare, execute, and submit all
documents necessary or advisable to implement the RPS Policy, as updated,
consistent with the mandates of State law.
Due to a potential conflict of interest, Mayor Tait abstained on Item No. 15. ROLL CALL
VOTE: AYES — 6: (Mayor Pro Tem Vanderbilt and Council Members: Murray, Barnes,
Moreno, Kring, and Faessel). NOES — 0. ABSTENTION — 1: Mayor Tait. Motion to approve
carried.
D175 17. RESOLUTION NO. 2017-023 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ratifying and approving the actions of the Anaheim Director
of Public Works, or designee, in submitting a grant application on behalf of the City of
Anaheim to the State Water Resources Control Board Division of Financial Assistance
for the Proposition 1 Storm Water Grant Program for the La Palma and Richfield
Storm Drain Extension and Storm Water Infiltration Project and if awarded, authorizing
the acceptance of such grant on behalf of the City and amending the budget
accordingly and determining that these actions are exempt from the California
Environmental Quality Act (CEQA) pursuant to Guideline Sections 15301 and 15302
($1,740,485 in grant funds with a local match).
RESOLUTION NO. 2017-024 A RESOLUTION OF THE CITY COUNCIL OF THE
City Council Minutes of February 28, 2017
Page 15 of 36
CITY OF ANAHEIM ratifying and approving the actions of the Anaheim Director of Public
Works, or designee, in submitting a grant application on behalf of the City of Anaheim to
the State Water Resources Control Board Division of Financial Assistance for the
Proposition 1 Storm Water Grant Program for the Modjeska Park Underground
Stormwater Detention and Infiltration System Project and if awarded, authorizing the
acceptance of such grant on behalf of the City and amending the budget accordingly and
determining that these actions are exempt from the California Environmental Quality Act
(CEQA) pursuant to Guideline Sections 15301 and 15302 ($1,624,018 in grant funds
with a local match).
Pilo 18. RESOLUTION NO. 2017-025 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM vacating a public utility easement located at 200 East Lincoln
Avenue pursuant to California Streets and Highways Code Section 8330, et seq. -
Summary Vacation (ABA2015-00330).
Pilo 19. RESOLUTION NO. 2017-026 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM vacating a public utility easement located at 1501-1550 West
Nottingham Lane pursuant to California Streets and Highways Code Section 8330, et
seq. - Summary Vacation (ABA2015-00333).
Pilo 20. RESOLUTION NO. 2017-027 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM vacating a public utility easement located at 415 South Country
Hill Road pursuant to California Streets and Highways Code Section 8330, et seq. -
Summary Vacation (ABA2016-00350).
P124 21. RESOLUTION NO. 2017-028 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. 12057, 12058, 12059, 12060,
12061, 12062, 12063 and 12064) (Anaheim Boulevard/Ball Road Project).
RESOLUTION NO. 2017-029 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. 12066, 12067, 12068 and
12069) (Cerritos Avenue Sidewalk Project).
P124 22• RESOLUTION NO. 2017-030 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
interests in real property (City Deed Nos. 12074, 12075, 12076, 12077, and 12078)
(electrical and water equipment placement in conjunction with utility system
improvements).
C280 27. ORDINANCE NO. 6397 (ADOPTION) AN ORDINANCE OF THE CITY OF
AGR- ANAHEIM amending certain sections of Chapter 18.20 (Platinum Triangle Mixed Use
10552 (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (Zoning
Code Amendment No. 2015-00127; DEV2014-00124) (153 -unit, attached single-family
City Council Minutes of February 28, 2017
Page 16 of 36
residential project on a 7.8 -acre site, located at the northeast corner of Lewis Street and
Mason Lane) (introduced February 7, 2017, Public Hearing Item No. 28).
ORDINANCE NO. 6398 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving that certain Development Agreement No. 2016-00004 by
and between the City of Anaheim and Trumark Homes LLC and authorizing the Mayor to
execute said agreement for and on behalf of the city (DEV2014-00124) (153 -unit, attached
single-family residential project on a 7.8 -acre site, located at the northeast corner of Lewis
Street and Mason Lane) (introduced February 7, 2017, Public Hearing Item No. 28).
C280 28. ORDINANCE NO. 6399 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Chapter 18.36 (Types of Uses), Chapter 18.42 (Parking and
Loading) and Chapter 18.62 (Administrative Reviews) of Title 18 (Zoning) of the
Anaheim Municipal Code and finding and determining that this ordinance is not subject
to the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) of
the State CEQA guidelines because it will not result in a direct or reasonably
foreseeable indirect physical change in the environment (Zoning Code Amendment No.
2016-00136; DEV2016-00124) (reduce parking requirements for certain commercial
and industrial land uses and incentivize property owners to replace compact stalls with
standard stalls and to provide bicycle parking).
D114 29• Approve minutes of the City Council meeting of October 25, 2016.
Prior to consideration of the End of Consent Calendar, Mayor Tait requested Council Members
limit their discussion on each item to three questions for staff and three minutes of discussion in
order to streamline each item and make the meeting more efficient.
END OF CONSENT CALENDAR 8:31 P.M.
AGR- 14. Approve agreements with SRA International, Inc. and Cubic Global Defense, Inc., in the
5792.0 amount of $1,000,000 and $175,000, respectively, for intelligence analyst services,
AGR- which are reimbursed by the Urban Area Security Initiative grant funding, for a one year
10472 period with the option to extend two years and authorize the Chief of Police to execute
the amendments or renewal options under the terms and conditions of the agreement.
Deputy Chief Harvey explained that the item before Council was to approve the award of two
contracts for intelligence services at the Orange County Intelligence Assessment Center
(OCIAC), one to SRA International and one to Cubic Global Defense Inc. He continued that as
one of the designated Urban Area Security Initiative (UASI) core cities, Anaheim maintained the
OCIAC contracts and issued an RFP for six intelligence analyst positions (senior analyst
supervisor, critical infrastructure mid-level analyst, senior -level analyst, mid-level analyst, junior
level analyst, healthcare liaison officer program coordinator, and cyber program manager) on
behalf of OCIAC. These positions would provide OCIAC with initial assessments of raw
information, daily written and oral briefs, weekly and periodic assessments in bulletins, and
dissemination of information related to terrorism in all crimes to federal, state, and local public
safety law force agencies. In December 2016, he added, four responsive proposals were
City Council Minutes of February 28, 2017
Page 17 of 36
received from SRA International, Cubic Global Defense, Summit Security Services, and CRA
Inc., which were reviewed and scored by the Orange County Sheriff's Department and the
Anaheim Police Department and were evaluated according to the vendor's ability to meet the
requirements listed on the RFP, the cost of services, related experience, and an understanding
of the intelligence industry, fusion centers, and the State Threat Assessment System, as well as
special consideration if the bidder could provide a specific candidate for a specific position.
Deputy Chief Harvey stated Cubic Global Defense demonstrated a clear advantage for the
cyber program manager position and SRI International demonstrated a clear advantage for the
remaining positions. He concluded by noting the contracts included two annual renewal options
which would be paid from the OCIAC designed grant fund, provided such funds remained
available, with the not -to -exceed amounts of $1 million for SRA and $175,000 for Cubic.
DISCUSSION: Council Member Moreno explained he pulled this item due to community
concerns and questioned whether the system would violate citizens' privacy. He shared his
understanding of the staff report that most of the funding would be directed at recruiting staff
who would undertake analysis work and asked for assurances that surveillance and privacy
would be balanced.
Deputy Chief Harvey explained the recruitments were for analyst positions with the background
and training needed to analyze data brought to OCIAC, filter the incoming information,
determine items that needed to be investigated, and forward information to the appropriate
authorities, with the roles not of surveillance or placing devices but solely analytical.
In response to Council Member Moreno, Deputy Chief Harvey clarified that listening to private
conversations entailed the highest level of scrutiny and had to meet an elevated threshold of
probable cause and evidence required, known as a wiretap warrant. While technology was
leveraged through equipment to enable officers to do their jobs, listening to phone
conversations was the highest level of judicial review and needed a wiretap search warrant. He
further explained the current item did not involve the purchase of any equipment and was solely
for recruiting personnel for positions at OCIAC to perform analyst services.
In response to questions from Mayor Pro Tem Vanderbilt, Acting City Attorney Pelletier
announced the present item was approval of two contracts for analyst services and additional
discussion could not be allowed as it was not agendized and was leading to law enforcement
techniques.
Mayor Pro Tem Vanderbilt clarified that his question was directed to assure the public that their
privacy would not be violated in the process of collecting and monitoring the data, to which
Deputy Chief Harvey explained the analysts received a large volume of information channeled
through OCIAC from various sources, performed initial screening, and referred items for follow
up to the appropriate law enforcement agency, with non -pertinent information purged after a
period of time. Additionally, Deputy Chief Harvey confirmed for Mayor Tait that there was a
surveillance policy and all written policies pertaining to use of these techniques were available
on the city's website.
City Council Minutes of February 28, 2017
Page 18 of 36
MOTION: Council Member Faessel moved to approve Item No. 14, seconded by Council
Member Murray. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion Carried.
R100 16. RESOLUTION NO. 2017-022 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the destruction of certain city records more than
two years old (City Attorney's Office).
DISCUSSION: Council Member Moreno questioned if the destruction of records was a standard
process and expressed concern with the destruction of criminal and prosecution records,
correspondence between prosecution, and police reports.
Acting City Attorney Pelletier explained the records in question were criminal prosecution files
from the 1990s, the prosecution cases had long been concluded, and the records were being
destroyed pursuant to the retention schedule. With respect to the police reports, the originals
were maintained at the Police Department and the police reports proposed for destruction were
copies maintained in the routine correspondence file of the Prosecution Division, not in the
prosecution file, which was retained for 15 years.
MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2017-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the
destruction of certain city records more than two years old (City Attorney's Office), seconded by
Council Member Kring. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members:
Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion Carried.
Item Nos. 23 through 25 were discussed concurrently.
D175 23. RESOLUTION NO. 2017-031 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM expanding Permit -Eligible Parking District No. 6 and
designating Madrid Street from Wilken Way to the end of the cul-de-sac, Troy Street
from Wilken Way to the end of the cul-de-sac, the North side of Wilken Way from 2185
Madrid Street to Oertley Drive, the South side of Wilken Way from 334 Wilken Way to
Oertley Drive, Oertley Drive from Wilken Way to Sirius Avenue, Simmons Avenue from
Oertley Drive to the end of the cul-de-sac, Tiller Avenue from the west cul-de-sac to
Oertley Drive, Tiller Avenue from Oertley Drive to Haster Street, Sirius Avenue from
Oertley Drive to Haster Street as "Permit Parking Only" streets within Permit -Eligible
Parking District No. 6 and determine the action is exempt from the California
Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3).
DISCUSSION: Council Member Moreno offered his support for these items but asked whether
a domino effect would occur if permit parking was approved for one street so neighboring
streets would request permit parking as residents continued to move from street to street to find
parking, with Public Works Director Rudy Emami answering affirmatively. Mr. Emami displayed
a map showing where permit parking has been previously implemented, where these additional
streets were being added, and pointed out two other streets in the neighborhood that were
City Council Minutes of February 28, 2017
Page 19 of 36
generating heavy traffic where staff was working to add additional parking through head -in
parking.
Council Member Moreno requested staff implement a plan for future parking requests to lessen
the burden on additional neighbors as well as staff. Mr. Emami explained staff used
engineering judgements to draw the district boundaries, including creating a larger district where
parking was not yet a problem but included similar zoning to allow the next steps to proceed
more easily while still going through the process of individual street segment votes needing 75%
support rates.
Council Member Moreno expressed concern with residents paying a $500 fee to start a process
and requested a future agenda item to discuss the overall policy and procedure, including
potentially declaring the entire city a permit parking zone.
Mayor Tait requested a citywide solution to parking so problems were not created in
neighborhoods that did not previously have a parking issue.
MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2017-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM expanding Permit -
Eligible Parking District No. 6 and designating Madrid Street from Wilken Way to the end of the
cul-de-sac, Troy Street from Wilken Way to the end of the cul-de-sac, the North side of Wilken
Way from 2185 Madrid Street to Oertley Drive, the South side of Wilken Way from 334 Wilken
Way to Oertley Drive, Oertley Drive from Wilken Way to Sirius Avenue, Simmons Avenue from
Oertley Drive to the end of the cul-de-sac, Tiller Avenue from the west cul-de-sac to Oertley
Drive, Tiller Avenue from Oertley Drive to Haster Street, Sirius Avenue from Oertley Drive to
Haster Street as "Permit Parking Only" streets within Permit -Eligible Parking District No. 6 and
determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant
to Regulation No. 15061(b)(3).), seconded by Council Member Kring. APPROVED VOTE:
AYES — 7 (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and
Faessel). NOES — 0. Motion Carried.
D175 24. RESOLUTION NO. 2017-032 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM designating Velare Street from Ball Road to Eola Drive and
Heffron Drive from Magnolia Avenue to Velare Street at "Permit Parking Only" Street
within Permit -Eligible Parking District No. 11 ("Velare Street").
See discussion under Item No. 23.
MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2017-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating Velare
Street from Ball Road to Eola Drive and Heffron Drive from Magnolia Avenue to Velare Street at
"Permit Parking Only" Street within Permit -Eligible Parking District No. 11 ("Velare Street"),
seconded by Council Member Kring. APPROVED VOTE: AYES — 7 (Mayor Tait and Council
Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion
Carried.
City Council Minutes of February 28, 2017
Page 20 of 36
D175 25. RESOLUTION NO. 2017-033 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing Permit Parking District No. 58 ("Gain")
Neighborhood and designating Aron Street from Orange Avenue to Roven Avenue,
Roven Avenue from Aron Street to Gain Street, Gain Street from Broadway to Orange
Avenue, and Beachy Place from Gain Street to the end of the cul-de-sac as "Permit
Parking Only" streets and determine the action is exempt from the California
Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3).
See discussion under Item No. 23
MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2017-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing Permit
Parking District No. 58 ("Gain") Neighborhood and designating Aron Street from Orange Avenue
to Roven Avenue, Roven Avenue from Aron Street to Gain Street, Gain Street from Broadway
to Orange Avenue, and Beachy Place from Gain Street to the end of the cul-de-sac as "Permit
Parking Only" streets and determine the action is exempt from the California Environmental
Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3), seconded by Council Member
Kring. APPROVED VOTE: AYES — 7 (Mayor Tait and Council Members: Vanderbilt, Murray,
Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion Carried.
D154 26. RESOLUTION NO. 2017-034 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending Resolution No. 2014-093 for the purpose of
creating, deleting and/or modifying certain classifications designated as Administrative
Management,
RESOLUTION NO. 2017-035 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing rates of compensation for classifications assigned
to the Anaheim Municipal Employees Association, General Unit.
RESOLUTION NO. 2017-036 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending Resolution No. 2014-061, for the purpose of
creating, deleting, and/or modifying certain classifications designated as Confidential.
RESOLUTION NO. 2017-037 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending Resolution No. 2014-094 for the purpose of
creating, deleting and/or modifying certain classifications designated as Middle
Management.
RESOLUTION NO. 2017-038 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending Resolution No. 2015-173, for the purpose of
creating, deleting, and/or modifying certain classifications designated as Non -
Represented Part -Time.
City Council Minutes of February 28, 2017
Page 21 of 36
RESOLUTION NO. 2017-039 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending Resolution No. 2014-095 for the purpose of
creating, deleting and/or modifying certain classifications designated as Professional
Management.
RESOLUTION NO. 2017-040 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending Resolution No. 2014-096 for the purpose of
creating, deleting and/or modifying certain classifications designated as Supervisory
Management.
DISCUSSION: Council Member Moreno expressed concern with certain re -classifications
causing the city to be more management heavy, offered his support for some changes, and
asked for the rationale for some of the changes and re -classifications.
Jason Motsick, Acting Human Resources Director, reported staff requested the creation,
deletion, or modification to approximately 46 of 965 citywide classifications. He further
explained the an organizational study was conducted of the entire Information Technology
Division to bring it up-to-date and aligned with industry standards, with the included project
managers and other classifications not resulting in a top-heavy organization. He continued the
study was based on analysis of comparable cities and the information technology industry itself.
Council Member Moreno requested a report showing staffing ratios across the city to be
presented during budget considerations.
MOTION: Council Member Kring moved to approve Item No. 26, inclusive of seven resolutions
(RESOLUTION NOS. 2017-034, 2017-035, 2017-036, 2017-037, 2017-038, 2017-039 and
2017-040), seconded by Council Member Murray. APPROVED VOTE: AYES — 7 (Mayor Tait
and Council Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0.
Motion Carried.
D116 30. the County of Orange to address homelessness, as well as any other matters that may
involve the assessment of and efforts to address homelessness in the city, and provide
staff with direction on such matters.
Prior to a presentation by Julia Bidwell, Orange County Director of Housing and Community
Development Homeless Prevention Department, Deputy Police Chief Julian Harvey clarified and
corrected statistical data provided at the January 24, 2017 City Council meeting. Deputy Chief
Harvey reported incorrect information had been previously presented about the number of calls
for service related to homelessness in 2016 and the associated personnel costs involved. He
stated the correct number of calls for service in 2016 was 15,516 with the estimated cost of $1.8
million, including personnel costs, the Homeless Outreach Team (HOT), and the Psychological
Emergency Response Team (PERT). He further reported the updated information was
available on the city's website and provided to Council in a written memorandum.
Ms. Bidwell then presented the Continuum of Care Program (CoC), a regional or local planning
body that coordinated housing, services, and funding for homeless families and individuals
through a Federal program and funding received by the County. She explained the Department
City Council Minutes of February 28, 2017
Page 22 of 36
of Housing and Urban Development (HUD) identified four parts of a continuum: 1) outreach,
intake, and assessment; 2) emergency shelter; 3) transitional housing; and 4) permanent,
supportive housing. The purpose of the CoC was to promote communitywide commitment to
end homelessness; provide funding to non -profits, states, and local government efforts to
rehouse the homeless; promote access to, and effective utilization of, mainstream programs by
the homeless; and optimize self-sufficiency among the homeless. She provided a brief history
and background of when the HUD program began, McKinney-Vento Homeless Assistance
Grants, the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act
of 2009, and the responsibilities of the CoC defined therein. She said HUD's homeless policy
and program priority was to create a systemic response to homelessness, to strategically
allocate resources, to end chronic homelessness, end family, youth, and veteran's
homelessness, and to use a housing first approach. She explained the structure and operations
of Orange County's CoC, and said that HUD's funding priorities continued to be permanent
housing which came in two primary forms: Permanent Supportive Housing (PSH) and Rapid Re -
Housing (RRH). She continued with the process of applying for funding and funding reallocation
from underperforming projects and housing types toward new PSH projects, which was based
on three criterias: did the project perform well, was it cost effective, and did it meet a community
need? In 2016, she reported, the OC CoC reallocated one project and renewed all other
projects. She shared Federal funding to the CoC for 2016 was $22 million and covered 40
PSH, RRH, Coordinated Entry System, Homeless Management Information Systems (HMIS),
and CoC planning projects, of which 38 were renewal projects and two were new projects. She
continued that funding for new projects was only available if projects were reallocated or if HUD
allocated additional funding for new permanent supportive housing and CoC funds were
awarded to agencies directly with contracts with HUD. She said the funding did not pass
through the County of Orange except for County shelter plus care applications applied for by the
Orange County Housing Authority and planning grants, making it difficult to determine exactly
how many resources came to the City of Anaheim because much applied to scattered rapid
rehousing sites of permanent supportive housing projects. In looking at projects located in
Anaheim, three projects received capital funds and now received on-going operating and
supportive service dollars through Federal money. In addition, there were the shelter plus care
vouchers that Orange County Housing Authority applied for, and within that program, 124
homeless individuals in Anaheim received vouchers. She concluded that together these
components were serving approximately 156 individuals in Anaheim, valued at $3.2 million.
Mayor Pro Tem Vanderbilt questioned if $3.2 million was the fair cost of providing 156
individuals with wraparound services and permanent housing. Ms. Bidwell responded that an
exact breakdown was not currently available but the total amount included the voucher
programs paying fair market rents and operating and support services for the projects already
built and in place.
In response to Council Member Faessel, Ms. Bidwell reported she could provide statistics of
how many of the 156 individuals were removed from the streets in 2016 at a later date, but most
were in permanent supportive housing situations.
Grace Stepter, Housing Authority Manager, explained to Council Member Barnes that the Tyrol
Plaza project -based development was located near State College Blvd. and Lincoln Ave. and
assisted disabled, homeless seniors while other recent projects catered to homeless families
with children.
City Council Minutes of February 28, 2017
Page 23 of 36
Council Member Moreno asked for the County's total budget towards homelessness, to which
Ms. Bidwell responded there were not specific budgets for homelessness but, through an
assessment by Susan Price of the various resources available to address homelessness, in
2016-2017 there were estimated dedicated County resources of $94 million, including CAL
Fresh, CAL Works, Homeless Liaison Officers, Public Works projects, mental health treatment,
Continuum of Care funding, and VASH vouchers.
Council Member Moreno questioned how Anaheim could help ensure part of the $2 billion
allocated by the State to provide housing support be used to end homelessness in Orange
County. Ms. Bidwell confirmed the County would aggressively pursue allocation of funds and
recapture noncompetitive funds for Orange County. She continued the County Department of
Housing and Community Development had a Memorandum of Understanding with the Health
Care Agency, to address services and housing for those eligible for targeted housing money
through enrollment in the mental health system, and would continue discussions with
developers to use such funds. She also stated certain State funds would be competitive so it
would be up to communities that could site and place affordable housing developments that
would serve eligible clients to have those developments come forward for that funding.
In response to Council Member Moreno, Ms. Bidwell opined that homelessness had increased
for many complicated reasons including Propositions 47 and AB -109 as well as the housing
market, further explaining the County Housing Authority was struggling with one -bedroom units
as the homeless population currently was predominately single individuals.
In response to Council Member Murray question about the postponed opening of the Anaheim
homeless shelter in April 2017, Ms. Bidwell reported the Board of Supervisors directed County
staff to open the facility in phases, with the phase 1 opening scheduled for April and
authorization for phase 2, including financing and contracting, going before their Board on
March 14, 2017. She explained phase 1 was a scaled down version of the planned 200 -bed
year-round shelter with wraparound services, housing 100 people on a portion of the property.
She said the management operations and public safety plan was consistent with the original
management operations and public safety plan, although a full medical clinic would not yet be
on-site due to limited site access, but the remainder of the items would be included in phase 2,
with an estimated completion date in summer 2018. Additionally, she explained the ACC -OC
was engaging in discussions within service planning areas with cities and service providers to
open similar facilities countywide
Council Member Kring announced several of the upcoming ACC -OC meetings and expressed
concerns with the phased approach and potential disruptions to the surrounding neighbors and
the shelter residents, as well as associated costs. Assistant City Manager Kristine Ridge
confirmed Anaheim had voiced their objections to the Board of Supervisors about the phased
approach and continued to have bi-weekly meetings with the County, Police, and Fire
Departments to ensure the core components of the management, operations, and security plan
would be in place. Additionally, Mercy House was performing community outreach in advance
of the opening and there would be a management office on-site, a hot-line phone number, and a
community advisory board.
City Council Minutes of February 28, 2017
Page 24 of 36
Council Member Moreno requested a list of properties or buildings across the city where people
could be housed during times of emergency, to be presented during the next update.
Ms. Stepter presented Council with information about the sources and uses of Anaheim -specific
dollars used to address the homeless issue. While addressing the homeless issue was
primarily the responsibility of the County, over the last five years the City had introduced
programs to combat homelessness through the use of Emergency Housing Solutions grants,
the HOME Partnership Act, and the Housing Authority Section 8 Program. She spoke of the
success of local programs, including HAPP, CHIPP, ESG grants, and Home Investment
Partnership Program, along with partnering non-profit organizations. She said the Housing
Choice Voucher program currently assisted over 6,000 families and, though this was the
primary source for permanent housing, it was not specifically a homeless program. She further
explained federal money had recently been reduced, and new allocations were granted when
someone moved away from Anaheim, were terminated from the program, voluntarily left the
program, or passed away. She also provided information on the Project -Based Developments,
the Rockwood Apartments and Diamond Apartments.
With no further discussion or action by the Council, Mayor Tait continued with the agenda.
With the consent of Council, the agenda was taken out of order and Public Hearing Item No. 36
was considered next.
5:30 P.M. PUBLIC HEARINGS: 9:09 P.M.
36. This is a public hearing to consider a resolution and related actions regarding
vacation/abandonment of a portion of Alro Way located adjacent to 200 and 205 West Alro
Pilo Way, together with a portion of "Old" Manchester Avenue adjacent to 200 West Alro Way.
AGR- RESOLUTION NO. 2017-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
10473 OF ANAHEIM vacating a portion of Alro Way adjacent to 200 and 205 West Alro Way and a
portion of the "Old" Manchester Avenue adjacent to 200 West Alro Way (Abandonment No.
AGR-
10473.0.D ABA2016-00342).
Approve a Quitclaim Deed and Purchase and Sale Agreement, in substantial form, and any
other related documents, with Singod Investors VI, LLC (Singod) ; authorize de minimis
changes that do not substantially alter the terms and conditions of the Purchase and
Sale Agreement and Quitclaim Deed, as determined by the City Attorney's Office;
authorize the Director of Public Works, or his designee, to take such actions, including
the execution of escrow documents, as required to implement and administer the
Purchase and Sale Agreement; approved and authorize the Director of Public Works, to
execute an Encroachment and Maintenance Agreement, in substantial form, with Singod
to improve and maintain the portion of Alro Way which will not be vacated/abandoned,
and any other related documents and take the necessary actions to implement and
administer the Encroachment and Maintenance Agreement, and authorize de minimis
changes that do not substantially alter the terms and conditions of the Encroachment
and Maintenance Agreement, as determined by the City Attorney's Office.
City Council Minutes of February 28, 2017
Page 25 of 36
At 9:09 P.M, Rudy Emami, Public Works Director, introduced the new City Engineer Carlos
Castellanos and explained this public hearing involved a proposed development of 174 -room
hotel in the Anaheim Resort located near the intersection of Clementine Street and Alro Way.
The proposed project would require Council's approval of two partial street abandonments and
the conveyance of the proposed abandonment areas, together with a city -owned remnant parcel
of land, to the adjacent land owner and developer of the proposed Element Hotel. Pursuant to
the purchase agreement, the developer is required to compensate the City for the full market
value of its property. Prior to this requested action, the developer entered into a contract to
purchase the property at 200 W. Alro Way, formerly the Bergstrom's Children's Store, and
approached the city with a request to acquire portions of Alro Way, Old Manchester Ave. and
city's remnant parcel with the intent of assembling the parcels and developing the Element
Hotel. He continued that other developers had previously inquired about the same type of
acquisition but they had been unable to acquire the Bergstrom's property. On January 9, 2017,
the Planning Commission approved the Element Hotel site plan subject to Council's approval of
abandonments and acquisition of the remnant. Mr. Emami further stated that a segment of Alro
Way at Clementine, directly adjacent to Country Inn and Suites, is not being considered for
abandonment at this time and the developer of the Element Hotel and its successors would be
required to maintain this remaining segment of Alro Way. In discussion with both Element and
the adjacent Country Inn about potential driveway placements, the proposal appears feasible
from an engineering standpoint but will require a separate agreement between the two property
owners to share the maintenance costs and liability equally which staff will make a condition of
approval for the driveway that such an agreement is executed.
Mr. Emami noted the City contracted with an MAI appraiser who determined the highest and
best use of the city's remnant parcel would be assemblage with adjacent land and the adjacent
segment of Alro Way for hotel development. Staff has negotiated with the developer and
arrived at a purchase price of $800,000 which is within the appraiser's estimated value range.
The Element Hotel project has been approved for 174 rooms which would generate
approximately $1.5 million in annual TOT revenue for city, whereas if the property at 200 W.
Alro Way were to be independently developed, zoning code would only allow for 115 rooms
which would generate just under $1 million in annual TOT revenue with the marginal annual
TOT revenue attribut0 per year. Occupancy rates and room rates used in the TOT analysis
were derived from the Smith Travel Research Trend Report which is an important market
forecasting resource for the hotel industry. Mr. Emami concluded his presentation that approval
would ensure the orderly development of City -owned real property, allow for the remnant parcel
to be developed in accordance with the Anaheim Resort Specific Plan to its highest and best
use, ensure the City received fair market value for its remnant parcel, and maximize TOT
revenue during life of hotel development and stated staff believed it was in the best interest of
the City to abandon the requested street segments and convey the real property directly to the
adjacent property owner for development of the Element Hotel.
DISCUSSION: Council Member Kring reported she had conversed with both the developer of
the Element Hotel and the consultant with the adjacent Country Inn and Suites, citing the latter's
concerns with the transition via the vacation of Alro Way and not becoming locked in and further
their request for a signalized light to allow their guests to move freely. Mr. Emami responded
that Country Inn had submitted a proposed concept plan, which staff had reviewed and sent
back with comments; further noting staff was facilitating a meeting with both property owners the
following day to work out an agreement for shared and equal responsibility for maintenance and
liability so the access could be allowed. Mr. Emery explained that would be a condition to the
abandonment that there was an agreement between the two properties.
City Council Minutes of February 28, 2017
Page 26 of 36
Mayor Tait disclosed meetings with both the applicant and adjacent property owner and Council
Member Moreno disclosed conversations with the developer of the proposed Element Hotel,
residents, and UNITE HERE Local 11.
Council Member Moreno questioned the process of outreach regarding selling public property
and how the public would be aware that such a sale was proposed or in process. Mr. Emami
responded that if the City owned a developable parcel, it would be advertised for sale, but in this
instance due to the awkward shape and access issues, the City had negotiated with the
adjacent property owner to make this recommendation to Council in the best interest of the City,
without a public sale process. He further explained that an undevelopable remnant property
was inventory the City was responsible to maintain which cost money annually so by combining
it with an adjacent property, it would be removed from the City's inventory. Council Member
Moreno expressed concerns with potential impacts from developments that bring in workers at
lower wages and where those workers would live, as they may not be able to afford market rate
housing in Anaheim, asked that developers talk with labor groups for both construction and
employees. Mr. Emery reported this was a unique circumstance, because the project itself had
been approved by the Planning Commission and was only brought before Council due to the
sale of the city -owned remnant parcel. He further explained there was no policy in place for
staff analysis, other than through environmental impact reports done for zoning allowed in the
Resort District, so staff would need to look at creative ways to address Council Member
Moreno's concerns. Council Member Moreno requested the development of a policy to mitigate
impacts on the City regarding living wages.
In response to Mayor Pro Tem Vanderbilt, Mr. Emami explained removal of the remnant parcel
from City ownership would put it on the tax rolls and generate additional property tax, likely
based on the final value of the project on the assembled properties.
Mayor Tait opened the public hearing.
William Fitzgerald, Anaheim HOME, mentioned his colleague had issues accessing the agenda
online, questioned the real value of the property, and offered concerns about numerous sales of
the property over the past year.
Mike Robbins requested any sale of City -controlled land should require payment of living wages
for any project thereon.
Danielle Wilson, UNITE HERE Local 11, believed residents should have a thorough
understanding of how city property was sold, whether through an RFP process or via the
Charter provision that it could be sold without going out for bid if determined to be in the city's
best interest. Additionally, she recommended Council consider community benefits such as
quality jobs with benefits and living wages, affordable housing, and open/green spaces.
A representative from the developer made himself available for any questions.
Mayor Tait closed the public hearing.
MOTION: Council Member Kring moved to approve Public Hearing Item No. 36, including
RESOLUTION NO. 2017-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM vacating a portion of Alro Way adjacent to 200 and 205 West Alro Way and a
portion of the "Old" Manchester Avenue adjacent to 200 West Alro Way (Abandonment No.
City Council Minutes of February 28, 2017
Page 27 of 36
ABA2016-00342), seconded by Council Member Murray. APPROVED VOTE: AYES — 7
(Mayor Tait and Council Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel).
NOES — 0. Motion Carried.
Mayor Tait left the meeting at 9:34 P.M. and Mayor Pro Tem Vanderbilt continued with the
meeting, beginning with Off -Consent Calendar Item No. 31.
D114 31. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the City Manager to enter into certain agreements
for and on behalf of the City when the amount does not exceed fifty thousand dollars and
amending Council Policy 4.1 accordingly (continued from February 7, 2017, Item No.
16).
DISCUSSION: Mayor Pro Tem Vanderbilt reported this item had been discussed at length at
the previous meeting and requested a continuance of this item to allow consideration of
additional language.
Council Member Kring stated she was not in support of this as, in her opinion, it was
unnecessary given that the City Manager runs the city and its day-to-day operations. She
continued that, if approved, all contracts over $50,000 would have to come to Council which
would be time and energy consuming and referenced a signing limit of $100,000 for the
Purchasing Manager. Regarding a $71,000 contract pertaining to the Anaheim Performing Arts
Center, she stated it has been approved prior to Mayor Pro Tem Vanderbilt's election to the
Council and reiterated she could not support the item.
Mayor Pro Tem Vanderbilt clarified that while the agreement had been requested by council
before he came on board, the subsequent report was not distributed to council after it was
concluded so it was therefore below the radar in his estimation.
Council Member Faessel reported his research that the MWD board had a signing limit for its
General Manager of $250,000, and stated he the $100,000 was satisfactory and the City
Manager was competent to handle matters up to that amount.
Council Member Kring questioned if the proposal included agreements for Council aides as
those exceeded the proposed $50,000 limit, to which Mayor Pro Tem affirmed that was how the
item was written.
Council Member Moreno said this was not about trust in the City Manager but fiduciary
responsibility and, in his opinion, a $50,000 limit was a fair amount, and would potentially result
in 2-3 agreements per month on the consent calendar, allowing Council and the public to have a
greater ability to know how money was being spent. He continued that Council should be held
to the same standard if they chose to contract for professional services above the $50,000 limit
and recommended an amendment that any such items over $50,000 for Council services be
reported on the next agenda for greater public awareness.
Council Member Murray stated she did not see such a need as professional services contracts
were made publically available, as well as the city had a charter stating Anaheim was a
professionally managed city with a budget approved by the Council within which staff operated
under Council's advice. She continued that $100,000, in her opinion, was more than a
City Council Minutes of February 28, 2017
Page 28 of 36
reasonable threshold for the City Manager to operate within, and Council could make particular
corrections if the need arose on a case-by-case basis.
MOTION: Council Member Kring moved to deny A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the City Manager to enter into certain agreements for and
on behalf of the City when the amount does not exceed fifty thousand dollars and amending
Council Policy 4.1 accordingly, seconded by Council Member Murray. ROLL CALL VOTE:
AYES — 3 (Council Members Murray, Kring, and Faessel); NOES — 3 (Mayor Pro Tem
Vanderbilt and Council Members: Barnes and Moreno). ABSENT: Mayor Tait. Tie Vote. Item
No. 31 continued to March 7, 2017.
D114 32. 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. 2016-241
(continued from January 24, 2017, Item No. 24 and February 7, 2017, Item No. 21).
DISCUSSION: Council Member Murray announced she had requested this item to clean up
language and clarify changes to the policy made earlier in the year, stating her opinion that with
by -district governance each council member should have the ability to place items on the
agenda without being voted down by their colleagues.
MOTION: Council Member Murray moved to approve Item No. 32, seconded by Council
Member Kring.
DISCUSION: In response to Council Member Barnes, Council Member Murray explained this
would give each Council Member full authority to place items on the agenda without the risk of
that item being vetoed by other council members. She continued that the way the policy was
currently written, a majority of the Council could oppose placing a requested item on the agenda
which she believed would limit public discussion or consideration of items that may be important
to specific district residents.
Council Member Faessel offered his support for the item due to his expectation that he would
have an opportunity to present an item for discussion and action.
Council Member Moreno stated his opposition to this item, citing previous actions by Council in
2012 and 2013 pertaining to the agenda -setting policy where this was not addressed.
Council Member Murray explained her votes on the previous actions related to full transparency
of all members requesting agenda items in a public setting and reiterated her belief that with the
change to by -district elections the voice of district residents should be heard via requested
agenda items for discussion and deliberation by the entire Council.
Council Member Kring provided an example from December 2016 wherein she requested two
agenda items for the next Council meeting which was later followed by the rest of Council
City Council Minutes of February 28, 2017
Page 29 of 36
adding approximately 20 items, to which she did not object as that was their right to request
items be brought forward and offered her support for this resolution.
In response to Council Member Barnes, Council Member Murray explained this was an attempt
to clarify language regarding process and procedure to provide each council member the ability
to agendize items on behalf of their district residents.
MOTION: Council Member Murray moved to approve RESOLUTION NO. 2017-041
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.
2016-241, seconded by Council Member Kring. APPROVED VOTE: AYES — 4 (Council
Members: Murray, Barnes, Kring, and Faessel); NOES — 2 (Mayor Pro Tem Vanderbilt and
Council Member Moreno); ABSENT: Mayor Tait. Motion Carried.
D159 33. Receive and file report regarding Short Term Rental program enforcement (continued
from January 24, 2017, Item No. 26 and February 7, 2017. Item No. 22).
David Belmer, Director of Planning and Building, reported Council adopted two ordinances in
July 2016 pertaining to Short -Term Rentals (STRs): the "Amortization Ordinance" which
terminates all existing STRs by February 11, 2018, and the "Regulate and Ban Ordinance"
which contains the regulations and protocols for how STR properties must operate until
amortized. Mr. Belmer continued that minor amendments to the ordinances were considered by
Council in January 2017 at which time Council Member Moreno requested a report on how the
ordinances were being enforced. He explained that staff was actively enforcing the Regulate
and Ban Ordinance with the general approach to be firm and fair with a goal of ensuring the
operators were operating responsibly in accordance with the ordinance in the hope of avoiding
any negative impact to the surrounding residents and was also providing information to the
public to educate both the residents and operators about the requirements within the ordinance.
In regards to resources, Mr. Belmer reported there were three full-time Code Enforcement
officers enforcing the ordinance both in the office and in the field, with the greatest coverage
needed in the evening and early morning hours during the week and over the weekends. He
stated there was also a part-time Code Enforcement officer to assist with questions and
monitoring online hosting websites. The Code Enforcement officers typically responded to calls
of neighborhood disturbances within 15 minutes and worked in conjunction with the Police
Department regarding STIR properties. Since the ordinance took effect in August 2016, staff
opened 125 investigations, addressed over 150 code violations, issued over 30 cease and
desist letters, shut off utilities to seven unpermitted STRs, and issued over 120 citations totaling
close to $40,000. Mr. Belmer concluded by providing the hotline number, 714-765-0190, and
email, STRs@anaheim.net, and encouraged residents to report issues with STRs.
DISCUSSION: In response to Council Member Moreno, Community Preservation Manager
Sandra Sagert explained STIR permits could be researched by calling the hotline or reviewing
the website.
MOTION: Council Member Faessel moved to receive and file report regarding Short Term
Rental program enforcement, seconded by Council Member Kring. APPROVED VOTE: AYES
City Council Minutes of February 28, 2017
Page 30 of 36
— 6 (Mayor Pro Tem Vanderbilt and Council Members: Murray, Barnes, Moreno, Kring, and
Faessel); NOES — 0; ABSENT: Mayor Tait. Motion Carried.
D159 34. Receive and file status report regarding the Beach Boulevard Specific Plan and
associated Environmental Impact Report (continued from January 24, 2017, Item No. 29
and February 7, 2017, Item No. 25).
Planning and Building Director David Belmar shared the progress of the Beach Boulevard
Specific Plan which was building the foundation for revitalization of Beach Boulevard. He
explained the plan created a framework for new land use and private investment in revitalization
with a focus on outreach and engaging the surrounding community, property owners, and
potential investors. He continued that a market analysis had been completed to understand the
demand and what could be done from a zoning perspective to ensure success as well as a
motel study to address the concern of residents and understand what the hotel demand was as
well as whether existing properties were operating as intended or as long-term housing.
Additionally, this was a three-phase process with the current, final phase consisting of the
writing of the Specific Plan itself and the preparation of an environmental impact report (EIR) to
ensure compliance with State law. While an EIR took time to prepare, upon completion and
approval, the EIR would include environmental clearance that would facilitate and expedite
development, stating staff was continuing to engage the community and hoped to present the
Specific Plan and EIR to the Planning Commission and Council in November and December of
2017.
Concurrently with the plan and EIR preparation, Planning and Building staff was working with
the Public Works Department to investigate options to oversee Beach Boulevard which was
currently controlled by CALTRANS, complicating revitalization and development efforts. A
change from CALTRANS to City oversight would help expedite projects to reinvest in the area,
re-image the public right-of-way, and relocate utility facilities underground. Mr. Belmer shared,
under Council direction, staff prepared a complete package of economic development
incentives and were determining how those could be incorporated into the plan in general terms
so when developers came forward to partner with the city on revitalization and redevelopment
everything would be in place.
In regards to the Lyndy's Motel site, a car wash has been approved as new development for the
site. Mr. Belmer reported the property owner was performing asbestos removal on-site, had
cleared his loan, and was anxious to move forward; additionally, the City's bulldozer should
assist in razing the current building by Thursday.
DISCUSSION: Council Member Barnes thanked staff for their efforts, particularly in partnering
with the Lyndy's property, and asked if the presentation was available online. Jonathan
Borrego, Planning Services Manager, explained the presentation would be made available on
the "Improve the Boulevard" website linked from www.anaheim.net.
In response to Council Member Faessel, Mr. Borrego explained a specific plan was a zoning
document or tool customized to a specific area of the city which allowed the city to develop a
City Council Minutes of February 28, 2017
Page 31 of 36
new land -use vision for a defined area and partner with the community to determine priorities for
the area, development standards that the community would like, regulate what could be built on
private property or incentivize development on private property, and set forth a vision for the
public right -of way in terms of landscaping, public signage, bus shelters, bus benches, trash
cans, etc.
Council Member Murray thanked all concerned for the progress made, specifically Council
Member Barnes for expediting this.
Council Member Moreno questioned the purchase and sale dates and amounts for the 25 -acre
site in west Anaheim, with City Manager Emery agreeing to provide that information. Council
Member Moreno expressed appreciation for the 13 -acres of mixed-use and affordable housing
projects, and asked to further discuss how affordable housing could be developed across the
entire city as the west side already contained a large proportion of inventory. Mr. Emery
responded that this particular property was a housing site owned by the Anaheim Housing
Authority which offered certain parameters and was zoned for housing which set opportunities in
place to provide affordable housing at that location, but the entire General Plan could be
reviewed in terms of where housing was located and what opportunities there were for housing
for all income levels. Mr. Belmer explained affordable housing and rents would be looked at
while finalizing the specific plan, and where the current mixed-use developments were
proposed, there were no current housing developments so it was being introduced. He also
spoke to the concentration of motels on Beach Blvd. of which some may be acquired and
converted into forms of housing, and did not anticipate an inflation of rents in the area. He
further explained there would be some required form of affordability at the Housing Authority site
on the southeast corner of Lincoln Ave. and Beach Blvd. Council Member Moreno requested a
benchmark of current rents that could monitored year-to-year as well as information on the
economic incentive packages.
MOTION: Council Member Barnes moved to receive and file Item No. 34, seconded by Council
Member Faessel. APPROVED VOTE: AYES — 6 (Mayor Pro Tem Vanderbilt and Council
Members: Murray, Barnes, Moreno, Kring and Faessel); NOES — 0; ABSENT — Mayor Tait.
Motion Carried.
D116 35. Discuss and direct staff to move forward with the development of the 2017 fireworks
program that will allow Anaheim non -profits the opportunity to raise funds for their
organizations through fireworks sales (continued from February 7, 2017, Item No. 26).
Greg Garcia, Deputy City Manager, presented the item for Council to discuss and direct staff
on how to move forward with the development of the 2017 fireworks program that would allow
Anaheim non -profits to raise funds for their organizations through fireworks sales. He described
the program in place over the last two years in partnership with Anaheim Arena Management
(AAM) that allowed all non-profit organizations to raise funds via sales at the Honda Center in
2015 and at the Honda Center and west Anaheim location in 2016. Mr. Garcia explained AAM
managed the sales and logistics of the program and remitted 30% of the gross sales generated
by the non-profit supporters, an additional 10% of the gross fireworks sales back to the non-
profits, and provided sponsorship for the City's July 4th Celebration in East Anaheim, where safe
and sane fireworks are prohibited via the ordinance. The benefits of the existing model was that
City Council Minutes of February 28, 2017
Page 32 of 36
all qualified non -profits were able to participate in the fundraiser without entering a competitive
lottery system and without the required operating responsibilities and costs associated with
managing a traditional stand-alone fireworks stand. Furthermore, limiting the point of sale to two
locations allowed Anaheim Fire & Rescue staff to efficiently and effectively monitor and inspect
sales locations in a controllable environment during the initial years of sales. Mr. Garcia
continued although there were nearly 100 Anaheim non -profits that participated in the fireworks
program in 2016, one of the primary critiques of the existing sales model was that non -profits
may not have the opportunity to raise as much money in this program as they could if given the
opportunity to operate their own stand. In addition, some non -profits expressed the need for
more sales locations throughout the City to make it easier for their supporters to purchase
fireworks on their behalf. Now entering the third year since the re-establishment of a fireworks
ordinance in Anaheim, staff is seeking Council direction on the type of sales model that should
be implemented this year. The current ordinance allows the City to continue using our existing
model contingent upon a continued partnership with AAM; staff could also be directed to
examine a more traditional fireworks sales model that awards permits via lottery to eligible non-
profits to operate their own individual fireworks stand within the City. Upon Council direction,
City staff will determine what amendments are needed to the existing ordinance and return to
the Council for consideration, with a goal to finalize the details for the 2017 program as soon as
possible in order to allow the community, non-profit groups, and school groups the ability to
prepare for this fundraising effort. Timing -wise, Mr. Garcia explained there was a little over
three months to lock a program in place, in anticipation of which, there is an item going in front
of the Planning Commission next week to widen the area in which fireworks could potentially be
sold in the city regardless of Council's determination. He concluded his presentation by
presenting brief statistics of the number of program participants the first two years, the proceeds
provided to the non -profits and East Anaheim fireworks show, and the top earning groups.
DISCUSSION: Council Member Faessel expressed his sensitivity to this topic overall due to an
apartment fire caused by fireworks several years ago and stated he liked the current model of
one operator but would be comfortable with adding a few more sales locations. He requested
that if the current model were retained, purchasers could direct their purchases to a specific
non-profit at the point-of-sale and did not want to change the model too dramatically or threaten
funding for the East Anaheim fireworks show.
Council Member Barnes indicated she would favor some changes to the program, such as a list
of non -profits to choose from, but believed the program should continue for another year.
Council Member Moreno stated his agreement with a one -operator model and a better system
than ensuring purchasers have a flier while also hoping to increase the proportion of revenue
that might be distributed to the non -profits. He proposed changing the operator from AAM to the
Anaheim Union High School District Foundation for the following reasons: fireworks stands
could be held at the high schools distributed throughout the city and staffed by the schools
and/or associated non -profits and the profits could go directly to the Foundation to provide
revenue for student programs, such as the AIM summer jobs and mentoring program. He
clarified, in response to Council Member Kring, that his recommendation included the
Foundation hosting sales locations at each high school in Anaheim and that he would like to
have additional conversations relating to potential funding sources and amounts for the East
Anaheim fireworks shows and other citywide parades and events.
City Council Minutes of February 28, 2017
Page 33 of 36
In response to additional questions from Council Member Kring, Mr. Garcia stated fireworks
sales produced more money in 2016 than in 2015, which she then attributed to the increased
time for advertising the program. Additionally, Mr. Garcia reported non -profits in other cities
running their own fireworks stands made as much as $30,000+ or as low as $5,000, depending
on their location within the city and respective overhead costs. Ms. Kring expressed concerns
with logistics of storage, selecting participating non -profits, potential lack of revenue, and
ensuring funding for the East Anaheim fireworks show and parade.
Council Member Murray expressed concerns with the proposed change of operator to the
Anaheim Union High School District Foundation for the following reasons: there are additional
schools in the city not represented by the Foundation; safety and liability issues; costs of labor,
insurance, rentals, equipment, point -of -sales systems; marketing and outreach; engagement of
and distribution of funds to all non -profits; and no majority oversight by the City on the
Foundation Board or its funds. She believed this was a technologically and logistically difficult
direction to move the program in, but if looking for a foundation to run the program, she
recommended the Anaheim Community Foundation as it served the entire city and engaged
local schools. She offered her opinion that the current system worked, non -profits had just
gotten fully functional with the program in its second year, had no purchase costs or staffing
impacts, and only needed to print and distribute fliers, which could be made electronic or easier
in some fashion. Additionally, she expressed concern with each group's ability to budget and
forecast potential fundraising revenue, particularly with a lottery system.
Mr. Garcia stated it was staff's intent to receive direction from Council prior to the Planning
Commission meeting the following Monday, but they could still request Planning Commission
approval for increased location for fireworks sales in case Council moved in that direction. He
continued there was still time to implement a new program, if so directed, which would
necessitate a change to the ordinance which would need to be introduced, followed by a second
reading, and then effective 30 days later, allowing staff to begin working with non -profits
hopefully by the end of April in anticipation of the 4th of July holiday.
MOTION: Council Member Kring moved to stay with Anaheim Arena Management and add
three or four additional locations in the city, seconded by Council Member Murray.
DISCUSION: Mr. Garcia replied that staff could approach Arena Management to determine if
they would be interested in adding any new locations.
Council Member Moreno asked his colleagues to defeat the motion as staff had asked for
direction and a complete decision did not have to be made tonight, stating his request that staff
explore the options including discussing with the Anaheim Union High School District
Foundation the creation of a fund to assist local students if it was feasible for them in terms of
insurance and operations.
Council Member Faessel questioned how long it would take staff to determine if a different
organization would be a feasible provider, to which Mr. Garcia responded staff could reach out
the following day and figure out their ability and willingness to cover all critical issues and would
be able to return to Council in a short time to let them know what the findings were of that
City Council Minutes of February 28, 2017
Page 34 of 36
research. Council Member Faessel said although he had already stated he liked the current
model, he was open to modifications and was willing to delay a decision pending staff's
investigation of not only the Anaheim High School group but also the Community Foundation,
but felt it should not be delayed by more than a week.
Council Member Murray said, if this was going to be carried forward, she would like staff to look
at both options, would like to hear if the school district was willing to show how they would
firewall the funds from this program solely for Anaheim, assure majority oversight from City
representatives for those funds for auditing and accountability, and she would like to know if,
based on State law, high schools were allowed from a liability standpoint to store pyrotechnics
on their facilities
MOTION: Council Member Kring moved to stay with Anaheim Arena Management and add
three or four additional locations in the city, seconded by Council Member Murray. ROLL CALL
VOTE: AYES - 3 (Council Members: Murray, Kring, and Faessel); NOES - 3 (Mayor Pro Tem
Vanderbilt and Council Members: Barnes and Moreno): ABSENT: Mayor Tait. Motion Failed.
Item No. 35 continued to March 7, 2017.
5:30 P.M. PUBLIC HEARING: 9:09 P.M.
36. This is a public hearing to consider a resolution and related actions regarding
Pilo vacation/abandonment of a portion of Alro Way located adjacent to 200 and 205 West
Alro Way, together with a portion of "Old" Manchester Avenue adjacent to 200 West
ASR-
10473 Alro Way.
AGR- RESOLUTION NO. 2017-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
10473.0.1) OF ANAHEIM vacating a portion of Alro Way adjacent to 200 and 205 West Alro Way and a
portion of the "Old" Manchester Avenue adjacent to 200 West Alro Way (Abandonment No.
ABA2016-00342 ).
Approve a Quitclaim Deed and Purchase and Sale Agreement, in substantial form, and
any other related documents, with Singod Investors VI, LLC (Singod) ; authorize de
minimis changes that do not substantially alter the terms and conditions of the Purchase
and Sale Agreement and Quitclaim Deed, as determined by the City Attorney's Office;
authorize the Director of Public Works, or his designee, to take such actions, including
the execution of escrow documents, as required to implement and administer the
Purchase and Sale Agreement; approved and authorize the Director of Public Works, to
execute an Encroachment and Maintenance Agreement, in substantial form, with Singod
to improve and maintain the portion of Alro Way which will not be vacated/abandoned,
and any other related documents and take the necessary actions to implement and
administer the Encroachment and Maintenance Agreement, and authorize de minimis
changes that do not substantially alter the terms and conditions of the Encroachment
and Maintenance Agreement, as determined by the City Attorney's Office.
Public Hearing Item No. 36 was considered earlier in the meeting. See discussion and action
on page 24.
City Council Minutes of February 28, 2017
Page 35 of 36
P178 37. Withdrawn by appellant.
MISCELLANEOUS CASE NO. 2013-00575
TENTATIVE TRACT MAP NO. 18046
(DEV2013-00028A)
Location: 2726 West Lincoln Avenue
Request: The applicant proposes the following entitlements: (i) a City Council
determination of conformance with the Density Bonus Code to construct a 35 -unit
condominium complex with affordable units and Tier 2 development incentives
allowing reduced building setbacks; and, (ii) a Tentative Tract Map to establish a 1 -
lot, 35 unit attached condominium subdivision.
Environmental Determination: The City Council will consider whether to find the
project to be categorically exempt from the provisions of the California Environmental
Quality Act and Guidelines as a Class 32 (In -Fill Development Projects) Categorical
Exemption.
ACTION TAKEN BY THE PLANNING COMMISSION:
Motion to approve Miscellaneous Case No. 2013-00575, and Tentative Tract Map No.
18046 Vote: 2-4 (Commissioners Henninger and Lieberman voted yes. Commissioners
Caldwell, Carbajal, Dalati and Seymour voted no. Commissioner Bostwick was absent.)
Motion Failed. Motion to deny the project. Vote: 4-2 (Commissioners Caldwell, Carbajal,
Dalati and Seymour voted yes. Commissioners Henninger and Lieberman voted no.
Commissioner Bostwick was absent.) Motion Carried. (Planning Commission meeting of
October 17, 2016) (Appealed by AMG & Associates, LLC) (Continued from Council
meeting of November 22, 2016).
Item No. 37 was withdrawn from the agenda. No further action taken.
REPORT ON CLOSED SESSION:
Kristen Pelletier, Acting City Attorney, reported on Closed Session Item No.3, that City Council
authorized the initiation of litigation against Excel Metals, LLC and its principals to recover
unpaid sums owed to the City for goods received.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Murray spoke of her attendance at the opening of Kaboom! playground at
Imperial Park and the loss of on -duty officers, Officer Keith Boyer of Whittier Police Department
and Officer Lucas Chellew of Sacramento CHP and injured Officer Patrick Hazell of Whittier
Police Department. She expressed her condolences to the families and requested the meeting
adjourn in their memory.
Council Member Kring spoke of her attendance at the Palm Lane Park community event and the
Grand Opening of the House of Blues. She highlighted her phone call to Chief Quezada and his
quick response to secure a car seat for a 10 -month-old child and requested an agenda item on
to vote on whether the Council supported or opposed sanctuary cities.
Council Member Moreno spoke of his attendance at the Family Music Night at Price
Elementary, and highlighted the work of Hope Builders who provides skill set training for young
adults. He thanked Fire Chief Bruegman for his department tour; Muzeo for the invitation to
City Council Minutes of February 28, 2017
Page 36 of 36
their 10th Anniversary Gala; and Community Services' staff for organizing the neighborhood
community meetings. He spoke of the homelessness forum, the Mayor's Taskforce first
meeting, and his discussion with Anaheim High School students during a government/economic
class. He further spoke of his visit and tour with the Anaheim Ballet, meeting with Mayfair
residents regarding parking issues, his attendance at the Anaheim Heal event on Saturday, and
his meeting at Betsy Ross with parents regarding Power of Attorney letters.
Council Member Barnes requested the meeting adjourn in memory of Anaheim resident,
Jerome Jerry Jackson.
Council Member Faessel spoke of his attendance at the District 5 neighborhood community
meeting, highlighted the Parks and Recreation activity guide, and requested an update on the
City's Housing Element.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Pro Tem
Vanderbilt adjourned the meeting of February 28, 2017 at 11:21 P.M. in memory of Officer Keith
Boyer, Officer Lucas Chellew, and Jerome Jerry Jackson.
=SS,
Acting City Clerk