03/21/2017ANAHEIM CITY COUNCIL REGULAR MEETING
OF MARCH 21, 2017
TELECONFERENCE NOTICE
A Teleconference Notice pursuant to Government Code Section 54953, Subdivision (b), reflected
the regular meeting of the City Council and thereafter would include teleconference participation
by Mayor Pro Tern James Vanderbilt from: Courtyard Ogden, 247 24th Street, Ogden, UT 84401,
the location posted in the hotel lobby (Courtyard Business Center). The Notice and Agenda were
posted at the teleconference location and public comment on the agenda from this location was
allowed pursuant to Government Code Section 65954.3.
The regular meeting of March 21, 2017 was called to order by Mayor Tom Tait at 3:03 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 March 17, 2017.
PRESENT: Mayor Tait and Council Members: James Vanderbilt (per the above teleconference
notice), 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.
ADDITIONSWELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 3:04 P.M., Mayor Tait recessed to closed session for consideration of
the following items:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Name of Case: Perez v. City of Anaheim, Orange County Superior Court, Case No. 30-
2015 00807504
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
California Government Code Section 54956.9: One potential case
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the California Government Code)
Property: 1370 S. Sanderson Ave, Anaheim CA (Anaheim Equestrian Center) and
APN 253-601-02, a parcel located at the northwest corner of Katella and Douglass
Agency Negotiator: Paul Emery, City Manager
Negotiating Parties: H&S, Ventures, City of Anaheim
Under Negotiation: Price and Terms of Payment Regarding Lease and/or Purchase
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the California 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)
City Council Minutes of March 21, 2017
Page 2 of 31
Agency Negotiator: Tom Morton, Executive Director of Convention, Sports and
Entertainment
Negotiating Party: HHC HA TRS, Inc.
Under Negotiation: Price and terms of payment for purchase and sale of property
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Name of Case: Talmadge Price, et al. v. City of Anaheim, et al., Orange County Superior
Court, Civil Complex Center Case No. 30-2016-00869305-CU-WM-CXC
6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
California Government Code Section 54956.9: Sixty -Eight potential cases
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the California Government Code)
Property: 2000 East Gene Autry Way, Anaheim, CA (Angels Stadium of Anaheim),
associated/adjacent parking lots and other property collectively identified as APNs 232-
011-02, 06, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 47, 48, 50 and portions of Parcels 1 and
2 of Parcel Map No. 2006-262, recorded in the Office of the County Recorder in Book 357,
Pages 25 through 34 of Parcel Maps, Orange County, California (as depicted on diagram
available at the office of the City Clerk)
Real Property Negotiator: Paul Emery, City Manager
Negotiating Parties: Angels Baseball, LP, City of Anaheim
Under Negotiation: Price and Terms of Payment Regarding Lease
At 5:14 P.M., the council session was reconvened.
Invocation: Bishop Low, Church of Jesus Christ of Latter -Day Saints
Flag Salute: Council Member Kris Murray
Presentations: Recognizing Venerable Lama Tenzin Dhonden for being instrumental in the
80th birthday celebration of His Holiness the Dalai Lama
Mayor Tait recognized and thanked Venerable Lama Tenzin Dhonden for the invitation to visit His
Holiness the Dalai Lama in response to the city's youth performing 1 million acts of kindness and
for being instrumental in the 8011 birthday celebration of His Holiness the Dalai Lama in the City of
Anaheim and in conjunction with a Global Compassion Summit for Peace.
Recognizing Sister Johnellen Turner and Sister Sandra Rees for 50 Years of
service, religious profession
Mayor Tait recognized Sisters Johnellen Turner and Sandra Rees for 50 years of service working
with St. Catherine's Academy.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaim March 31, 2017, as Cesar Chavez Day
Julio Perez, Orange County Labor Federation Executive Director, accepted the Cesar Chavez
Day proclamation and asked Council to ensure everyone had enough to provide for their families.
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Page 3 of 31
Proclaim April 2017, as Arab American Heritage Month
Rashad/\|-Dabbauh.Executive Director cfthe Arab American Civic Council, thanked Council for
the acknowledgement and accepted a proclamation declaring April 2017 as Arab American
Heritage Month. Helisted the contributions ufArab Americans tothe city and the nation, and
encouraged everyone to read about Arab American history, attend an Arab American cultural
event, support local organizations that serve immigrant and refugee communities to help them
integrate into the society, and dine/shop Arab American restaurants and businesses.
Nahla Kayali thanked Council for the recognition and invited Council and the public to a Resource
Fair honoring Cesar atthe BrookhursJCommunity Center.
Bill Da|obreported the Mayor was named the Prince of Little Arabia, commented on the upcoming
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BOFeeUva|onJuly 1mand�no.and invited Council and the public toattend.
Proclaim April 2O17.asDMV/Donate Life California Month
Proclaim April 2, 2017, as Opening Day Major League Baseball
John Corpino.President ofthe Angels, thanked Council for the recognition and looked forward ho
the Angels' opening day on April 7, 2017.
Proclaim April 4, 2017, as National Service Recognition Day
Brent Dennis, Community Services Director, accepted the proclamation for National Service
Recognition Day and commented on a recent event recognizing residents who have contributed
aavolunteers throughout the community. Hethanked Council, commented onthe importance of
volunteerism, and encouraged the public UJcontact the Department ofCommunity Services for
information about becoming ovo|unteer.
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all aggenda items, except public hearing): Prior &7receipt of public
comments, abrief decorum statement was provided by City Clerk Linda Andal.
Cecil Jordan Corkern, Outreach Homeless Ministries, read passages from the Bible, reported
praying for the city. Police and Fire Departments, commented on engineering the dFe8nO and
referenced reports hehad generated regarding Disney.
R.Joshua Collins, Homeless Advocates for Christ, read apassage from the Bible, referenced a
recent arrest of a homeless person for having property at Maxwell Park, and commented on the
anti -camping ordinances and the ohmiDm|izationof the homeless. Hereferenced Item No. 23 and
hoped Council would act tnmake positive changes for everyone.
Duane Roberts requested Item No. 24 be pulled from the agenda and rescheduled to April to
allow all Council members tobephysically present. Additionally, hereferenced arecent meeting
of the Public Safety Board (PSB), where participants expected the item to be presented in April,
and the group was hoping to meet with Council before the item was heard, believing the PSB
could evolve into something greater than a rubber stamp and listed characteristics it must
possess.
Wes Jones commented on his father's achievements in the military and the aviation industry and
addressed his experience with homelessness.
City Council Minutes ofMarch 21,ZO17
Page 4of31
Tim Houchen reported meeting with the Orange County Homeless Czar, Susan Price, and
speaking about homeless issues inthe county and inthe city ofAnaheim. They agreed Anaheim
was doing more than most other cities in the county in terms of providing for the homeless
community but itcould do alot more. Hehas reached out 0othe Board ofSupervisors and State
Legislators tofind solutions tothe homeless problem and stated itiauptocities tohave
established policies that seek solutions and put them into play. Hereferenced the city's Housing
Element and indicated he would like to see more affordable housing in the community. He urged
Council torepeal the anti -camping ordinance until the Kramer Shelter becomes fully operational
and to form a task force and involve the community to help the homeless in the city.
"The Cameraman" asked Council torevoke the anti -camping ordinance until the Kramer Shelter
is opened and to form a task forca, including members of the pub|k:, to address the homeless
issue. He referenced the Anaheim Police Department's Year-end Review book in terms of
equipment on helicopters and specifically "dirt boxes" which allow for the collection of individual
cellphone information. Hereferred 0maspeaker during the last Council meeting who expressed
fear for his life and expressed concerns that something will happen to him.
Joe Sche[zin0erspoke regarding the flood -control area and the poor service provided by
Republic Disposal. Hereported trash bins face the channel and trash blows into it. He
suggested raising the vva|| to ovoid trash from flying over and homeless people from foraging.
Mayor Tait urged him to work with the Public Works Director regarding this matter.
Lou Noble spoke regarding the Fourth Constitutional Amendment- the rightofpeop|e0obe
secure intheir own persons and against unreasonable search and seizures. He addressed
excessive bails and fines and the infliction Ofunusual punishment. He opined the anti -camping
ordinance criminalized homelessness and discriminated against them, law enforcement
oppression had caused depression, and commented onthe case ofJuan CararninV,who had
recently passed away. Mr. Noble requested Council consider establishing campsites to help.
Mike Robbins referenced |henn No. 26 and expressed concerns regarding lack of on -street
parking, increased noise, and lack mfsafety installations. Headdressed the homeless issue,
commented on the anti -camping ordinance, and noted the need to revisit other projects.
Jeanine Robbins reported spending many hours on the issue of short-term rentals (STRs) and
provided an example of property a12U45 S. Eileen operating as a GTRvvhere rnU0p|e Cano
were parked. She noted street parking was already overcrowded and suggested converting
garages back into garages, oothey were intended. She addressed the noise ordinance and
stated itcannot beminimized. She reported the Anaheim Rental Alliance was holding workshops
10teach the best way ioget hardship exemptions and stated the City needed bJstep upfor its
residents.
VViUh3rn Fitzgerald, HVnlo Owners Maintaining Our Environment, commented on the city's efforts
to get rid of the homeless through approval of the anti -camping ordinance. He opined that
homeless people have died from exposure facilitated bvthe seizure and destruction oftheir
belongings.
Bob Donelson referenced Item No. 26 and spoke in opposition to the proposed changes. He
addressed lack of parking, noise, and trash and opined Council should start looking out for
City Council Minutes of March 21, 2017
Page 5 of 31
Larry Barnes agreed with previous speakers, relative to STRs, and urged Council not to
backpaddle on the agreements made to regulate STRs. He asked Council to keep regulations,
not extend the amortization program, not change parking or noise regulations, and enforce fire
door and exit regulations.
Pete Mitchell, Political Consultant for the Anaheim Police Association and Executive Director of
the Orange County Coalition of Police and Sheriffs, referenced Item No. 24, addressed rising
crime, calls for service in 2016, major incidents, arrests, complaints, and listed recommendations
by the Public Safety Board that his organization supported and reported many other
recommendations were ill-conceived.
Council Member Moreno questioned if state regulations had caused an increase in crime.
In response, Mr. Mitchell cited AB -109 and reported the issues of homelessness, drug
addiction, and mental health were interrelated. He added that police agencies have
compiled significant information and offered to help find academic research supporting the
information. Additionally, Mr. Mitchell stated Anaheim already oversees its police
departments, as do all cities and county boards of supervisors, with only the largest cities
having civilian oversight, often disastrous.
Edgar Hampton, President of Anaheim Police Association, reported the agency agreed with the
original concept of the Public Safety Board, believed civilian viewpoint was not the best in terms
of overseeing police activity, and addressed calls for service, uses of force, complaints, and
opined the Public Safety Board should be a professional organization.
Bill Wyrick commented on the city's severe coyote problem, noting increased numbers of pet
attacks reported on NextDoor.com. He noted coyotes were not a protected species, added no
economic value to the city, made properties less desirable, and caused a safety hazard.
City Manager Paul Emery reported, at the request of Council Member Moreno, staff had
been compiling information and working with Orange County Animal Control to facilitate a
community meeting in the coming weeks.
Martin Lopez referenced Item No. 26 and believed it was time for Council to focus on residents
rather than money or lawsuits. Regarding Item No. 24, he requested Council table the matter to
allow residents to provide feedback.
Chuck Robinson, Jr. welcomed new council members and thanked Mayor Tait and Council
Member Kring for their support of Chef Bruno. He referenced Item No. 26 and commented on his
efforts negotiating with short-term rental operators to craft the existing ordinance. He spoke in
opposition to the proposed changes, finding them unacceptable. He noted the task force and
staff negotiated, in good faith, to develop the ordinance and it needed to be maintained and
enforced. He addressed challenges with parking, noise, and conforming to the city's Fire Code
and asked Council to eliminate hotels in residential areas.
Bill Dalati reported on a project presented to the Planning Commission regarding bike lanes in the
city but noted resident concerns relative to the homeless. He expressed disappointment that
projects were being delayed because of the homeless issue, noted the problem was getting out of
hand, and urged Council to find a solution.
Linda Lehnkering, Homeless Peoples Task Force, thanked Council for continuing to address the
homeless issue and addressed the city's Housing Element and the needs for affordable housing.
She opined the anti -camping ordinance was unconstitutional, asked Council to consider repealing
City Council Minutes ofMarch Z1,20l7
Page 6 of 31
it and consider scheduling a workshop on homelessness, and establish a city task force to end
Ruth Moore addressed challenges with enforcement ofregulations related toshort-term-rentals,
noted the problem kagrowing and expressed concerns with late arrivals and noise. She
commented on lack of supervision, the lack of Code Enforcement Officers, and urged Council not
toease regulations.
Mark Daniels urged Council to repeal the anti -camping ordinance and stop seizing the belongings
ofthe homeless. Heurged the city and residents todomore tohelp and called onCouncil 0o
reach out to the county, state, and federal government and lobby for help; noting this was
human rights issue.
Julie Crandall, Legal Aid Society of Orange Countv, spoke on behalf of two clients who sleep on
or near city property and reported that the homeless do not want to be homeless, were struggling
and were forced to move repeatedly with their belongings seized and destroyed. The homeless
couple she represented were unable bufind suitable she|tenG, amthere were nufacilities for
couples and Ms. Crandall called for the city to repeal the anti -camping ordinance and stop
confiscating people's belongings.
David Mangikvon' Legal Aid Society of Orange Counb/, reported they provide legal services to
indigent people in Orange County and commented on homeless clients who were working to find
homes. He reported there were not enough resources, services, or beds to assist the many
homeless people in the city and existing she|bynn did not allow couples to stay together, did not
allow pets, had limited storage and were far away from services they have depended on. He
reported many homeless have been the victims of police raids, given citations and their property,
including medication, confiscated. Heurged the city tostop confiscating the property 0ftheir
indigent clients.
Theresa spoke regarding Item No. 24 and hoped Council would wait before deciding on the
matter toallow for increased community input. She noted the need tmhave 3good, working
board that will besuccessful inmaking the necessary changes within the Police Department and
reported Anaheim was ranked within the top ten cities inthe United States where killings
occurred.
Irene Arellano.Clergy and Laity United for Economic Justice (C0E), asked Council to postpone
action regarding Item No. 240oallow for increased community input and that itbecomposed Cf
independent membership, elected by community members, that it have independent investigatory
and subpoena power, and noted robust and effective civilian oversight can promote public safety
and build trust between residents and the police.
Jennifer Rojas, ACLU ofSouthern California, referenced Item No. 24 and asked Council to
consider the long-term expanded scope items inthe future and that the item be postponedunti|
all members ofCouncil were present. She listed eight factors for consideration relative tothe
Public Safety Board.
Neil Kapp reported pets, including his own dog, being attacked by coyotes inhis neighborhood,
and asked Council tohelp, noting there had been coyote sightingsinkzca|oohools and parks.
City Council Minutes of March 21, 2017
Page 7 of 31
Irma Mendoza (translation: Spanish) stated it was important to include community members on
the Public Safety Board to increase confidence and trust in the Police Department and reduce
fear.
Rosaisela Lopez, Orange County Community Organized for Responsible Development
(OCCORD), offered thoughts on police training and stated the need for a Public Safety Board that
included members of the community. She added it should have the power to investigate
complaints and ensure accountability and urged Council to postpone the item to allow for
additional community input.
Donna Acevedo -Nelson referenced the death of her son in 2012, believed there had been little
accountability, and stated a need for better training for officers, real police oversight, and changed
policies.
Vern Nelson urged Council to agendize consideration of repealing the anti -camping ordinance, as
he reported two homeless people died this week and shared his belief the ordinance was
unconstitutional. He suggested Council temporarily repeal the ordinance until the Kramer Shelter
was operational. Regarding the Public Safety Board, he suggested revisiting the matter after the
next public workshop and announced a concert by Up with People, this coming Saturday, at Cook
Auditorium.
Lili Graham, Legal Aid Society of Orange County, reported on the services offered by the agency,
including homeless outreach. She commented on the ordinance allowing seizure of property by
the Police and asked Council to act to stop the seizure of property from homeless residents,
implement policies and procedures to retain and inventory all property that was seized, and
create a reasonable process for reclamation of personal property. She addressed problems with
the current process for reclaiming belongings including the distant location of the warehouse for
picking up property.
Brian Chuchua referenced Item No. 03, asked if Council was satisfied with revenue-sharing and
stated, if not, Council should pull the item to conduct additional research and review. He invited
the public to the Anaheim Lions' Baseball Tournament this coming Friday, at Grover Field in La
Palma Park.
Alexander Rosado, OCCORD, referenced Item No. 24, stated the Public Safety Board, in its
current form, neither provided oversight nor accountability of the Police Department, and
recommended what the composition and responsibilities of the board should be to rebuild the
community's trust in the Police Department.
Ada Tamayo, UNITE HERE, commented on the number of short-term rentals in the city and
reported there was a shortage of affordable housing in the city. She reported she was sharing
her home because she could not afford the rent on her own and she had been told to stop by
Code Enforcement but stated if the city could show how she was harming the community, she
would comply. She urged Council to stand up for the rights of residents in the city and stand by
its decisions.
Charlotte Fayette- Ne matola addressed concerns regarding Item No. 26 and parking problems
and spoke in opposition to changing regulations for short -term -rentals. She suggested residents
park in garages, as they were originally intended, to comply with fire safety regulations as a public
safety issue, and expressed concerns regarding increased noise.
Fred Cornejo referenced Item No. 26 and complained of problems with parking and increased
noise. He spoke in opposition to changing the ordinance relative to short-term rentals and urged
City Council Minutes ofMarch 21,ZO17
Page 8 of 31
Council to protect its residents, aohefelt the city did not have o right toplace abusiness ina
residential zone.
Cynthia Ward commented on the Public Safety Board noting the structure needed to be changed,
but the members ofthe board worked hard and need &obethanked. She requested that Council
pull Item No. 03 and ask staff for additional information before voting to gain an understanding of
the subject agreements, adding those agreements dictated where one quarter ofthe city's
General Fund goes and osDisney makes more money, the city forfeits more money. Relative to
Item No. 18.she reported the developer was not supposed tobeworking onthe ARC Streetcar
anymore. Regarding |hern No. 17. Mg. VVond reported the city was receiving significantly less than
previously stated and staff actions needed to be reviewed and believed Item No. 15 represented
a pass-through using Anaheim and the city's liability to get OCTA money to fund ATN.
Bryan Kaye reported certain police officers had filed acase against him for aharassing telephone
call hemade 0mreport another officer's conduct and stated Council does nothing 0Dhelp him.
No public comments were received from the teleconference location.
COUNCIL COMM U NICATIONS/AGENDA REQUESTS:
Council Member Khngresponded tocomments regarding the homeless and asthe Chair ofthe
ACCOC Homelessness Community task force, provided information regarding topics under
discussion as well as the various meetings with non-profit agencies regarding this issue.
Council Member Murray responded tDcomments regarding the coyote issue and requested staff
consider anordinance on how the City can respond at alocal level.
CITY MANAGER'S UPDATE:
City Manager Paul Emery reported the city was working with various county agencies and
stakeholders to hold community meetings to address the coyote issue.
CONSENT CALENDAR: At 7:47P.M,the consent calendar was considered with Mayor Tait
pulling Item Nos. 03 and 18. Council Member Barnes pulling Item Nos. 04 and 21, Mayor Pro
Tern Vanderbilt pulling |0eDl No. 07. Council Member Moreno pulling |be[n Nos. 14 and 20. and
Council Member Faessel pulling Item No. 15 for further discussion and consideration. Council
yWeOVbarNring 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 aslisted mnthe consent calendar,
seconded byCouncil Member Murray. ROLL CALL VOTE: AYES —7:(Mayor Tait and Council
Members Vanderbilt, Murray, Barnes, Moreno, Kring. and Faeaae|). NOEG—O. Motion Carried.
D117 1. Approve the Investment Portfolio Report for February 2O17.
2. gnlemdnlen�a0JiheG�v�nY�orTra ��o��|rn Pro�ranl�r
D175 Approve ' ' ' ~
Fiscal Years 2O15/18through 2O21/22 and 2016V17through 2O22/23[oinclude the OCTA
Renewed Measure M2allocations for the Project Sbus connection between Anaheim
Canyon Metrolink Station, [trCih/Anaheim and the Anaheim Resort, the Project Vbuo
connection between the Anaheim Regional Transportation Intermodal Center and CtrCity
AOaheimm, and project administration related costs.
City Council Minutes of March 21, 2017
Page 9 of 31
D180 5. Accept the bid from Pricon Inc., in the amount of $193,851 plus tax, for the purchase of
Panasonic Toughbook tablet computers for the Public Utilities Department, in
accordance with Bid #8848.
D180 6. Accept the bid from Landscape West Management Services, Inc., in amount not to
exceed $142,545, to provide landscape maintenance services for the Public Utilities
Department's electrical sites 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 RFB #8865.
D180 8. Accept the bid of Digital Scepter, in the amount of $142,391, for the purchase of Palo
Alto security software and installation consulting services for the City and authorize the
Purchasing Agent to execute a Purchase Order, in accordance with Bid #8887.
D180 9. Accept the lowest responsive bids from Landscape West Management Services, Inc.
and So Cal Land Maintenance, in a combined amount not to exceed $510,000, to
provide landscape maintenance services covering the eastern portion of the City 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 #8810.
D180 10. Waive the sealed bid requirement of Council Policy 4.0 and approve an interim master
agreement with Marina Landscape, Inc., in an amount not to exceed $121,025, for
citywide outdoor maintenance services for an initial three-month period, effective April 1,
2017, with the option to extend up to a total of six months while the City solicits
competitive bids and an agreement has been awarded for these services.
D175 11. Approve the revised construction schedule for the Ball Road and Anaheim Boulevard
Intersection Improvement Project from FY 2016/17 to FY 2018/19 due to delays in the
right-of-way acquisition process.
D180 12. Ratify the purchase order to Weatherproofing Technologies, Inc., a subsidiary of
Tremco, Inc., in the amount of $53,135, for providing emergency roof repairs to various
City facilities, approve a master agreement with Weatherproofing Technologies, Inc., a
subsidiary of Tremco, Inc., in an amount not to exceed $250,000, to allow for additional
unforeseen repairs throughout the City for a period of one year and authorize the
Purchasing Agent to issue up to two subsequent Master Agreements through February
2019 in accordance with the Cooperative Purchasing Network Contract R132205.
AGR -
4206.A.1 13.
Approve First Amendments to Agreements with Standard Enterprises, Inc., dba To' n'
AGR-
Mo Towing, P & H Enterprises, Inc., dba Anaheim -Fullerton Towing, Quick Service
1606.D.1
Towing, Inc., dba Brookhurst Towing, and Country City Towing, Inc. extending the term
AGR -1
for an additional six months with a new ending date of September 30, 2017 for vehicle
AGR-
towing and associated services for the Police Department, and authorize the Purchasing
1609.C.1
Agent to execute the amendments.
City Council Minutes of March 21, 2017
Page 10 of 31
AGR- 16. Determine that the Underground District No. 64 on Orangewood Avenue Project from
10490 Eugene Street to Lewis Street (Project) is categorically exempt under the California
Environmental Quality Act pursuant to Sections 15302(d) 15303(d) and 15303(e) of Title
14 of the California Code of Regulations, award the construction contract to the lowest
responsible bidder, Hot Line Construction, Inc., in the amount of $10,207,867.36, for the
Project, and authorize and direct the Finance Director to execute the Escrow Agreement
pertaining to contract retentions.
17. Approve an Agreement between Anaheim Arena Management, Inc. (AAM) and the City of
AGR- Anaheim providing AAM the exclusive right to sell advertising opportunities on the
10487 Outdoor Video Display Monument Signs (Signs) at the Anaheim Regional Transportation
Intermodal Center (ARTIC) for a one one-year term, which at the City's sole option may
be extended for up to four additional one-year terms; which will result in guaranteed
revenue to the City of no less than $80,000 per year; 25% of all gross revenues in excess
of $120,000; and a minimum of ten percent of all available advertising time for the
purpose of displaying advertising for City approved events; and authorize the Executive
Director of Convention, Sports Entertainment to execute the Agreement and any other
related documents or agreements, and to take any and all actions as are necessary to
implement and administer the Agreement.
19. RESOLUTION NO. 2017-052 A RESOLUTION OF THE CITY COUNCIL OF THE
C350 CITY OF ANAHEIM adopting the Mitigated Negative Declaration and Mitigation Monitoring
AGR- Plan No. 2016-005 for the Harbor Substation Project supported by those findings required
10488
by the California Environmental Quality Act.
Determine that the proposal submitted by ABB, Inc., is the most advantageous to the City
of Anaheim and award ABB, Inc., the Design -Build Services Agreement, in the amount of
$27,162,657, for the design and construction of the Harbor Substation Project, waive any
irregularities in any of the proposal documents, authorize and direct the Public Works
Director, or his designee, to execute any related documents, and authorize and direct the
Finance Director to execute the Escrow Agreement pertaining to contract retentions in
accordance with Public Contract Code 22300.
22. ORDINANCE NO. 6402 (ADOPTION) AN ORDINANCE OF THE CITY OF
0280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2016-00299; DEV2016-00025) (203 North
Euclid Street; rezoning a portion of property from General Commercial zone to Industrial
zone) (Introduced at meeting of March 7, 2017, Public hearing Item No. 23).
END OF CONSENT CALENDAR
3. Determine, on the basis of the evidence submitted by Wait Disney Parks and Resorts
AGR- U.S., Inc., that the property owner has complied in good faith with the terms and
1516 conditions of Development Agreement No. 96-01 for the 2016 review period for the
Disneyland Resort project.
Council Member Barnes reported her husband works for ABC, which is owned by Disney,
declared a potential conflict, recused herself, and departed the chambers at 7:50 P.M.
City Council Minutes of March 21, 2017
Page 11 of 31
DISCUSSION: Mayor Tait suggested the possibility of scheduling a workshop for further
discussion and review of the complex agreement terms and asked whether there were time
constraints for its consideration.
Planning & Building Director David Belmer reported the city was under a resolution adopted by
Council where development agreements were reviewed annually and required action within 45 -
days of receipt of the annual report, noting a continuance to April 4, 2017 would be within the 45 -
day timeframe. Mayor Tait asked staff to schedule a workshop before the meeting and place it on
the agenda for April 4, 2017.
In response to Council Member Moreno's inquiry regarding whether there was a process wherein
the city could extend the 45 days, Acting City Attorney Kristin Pelletier stated there was no stated
exception within the resolution but if the other party, in this case Disney, was amenable to an
extension, it could potentially occur but would be out of compliance with the resolution in place.
In response to Council Member Faessel, Mayor Tait asked staff to focus on the parking structure
and fireworks permits as well as any other issue they considered pertinent.
Council Member Kring and Ms. Pelletier confirmed this item was specific to compliance with the
development agreement and not other agreements or records.
Deanna Detchemendy, Disneyland Resort, reported they were amenable to continuing the item
until April 4th but any additional extension would require more information/determination.
MOTION: Mayor Tait moved to continue Item No. 3 to April 4, 2017, and direct staff to schedule
a workshop prior to the meeting, seconded by Council Member Murray. ROLL CALL VOTE:
AYES — 6: (Mayor Tait and Council Members: Vanderbilt, Murray, Moreno, Kring, and Faessel).
NOES — 0. ABSTAIN —1: (Council Member Barnes). Motion Carried.
Council Member Barnes returned to the chambers and took her place on the dais at 8:01 P.M
D159 4. Accept the 2016 Annual Housing Element Progress Report and direct the Planning and
Building Director to submit the report to the Governor's Office of Planning and Research
and the California Department of Housing and Community Development.
Planning & Building Director David Belmer presented an overview of the city's Housing Element,
a long-term planning document that guides the city's housing activities, and reported the local
community's involvement in creating the goals and objectives presented within the Housing
Element, Mr. Belmer noted that, although not required, the city proactively conducted an annual
review of the Housing Element, as it assists in securing state grant funding. The Housing Element
must be reviewed and certified by the state. He added that the Southern California Association of
Governments (SCAG), a regional planning agency, is involved in preparing the Housing Element
by prescribing the city with a housing goal for the planning period in accordance with the Regional
Housing Needs Assessment (RHNA). Mr. Belmer presented a table illustrating the city's current
progress in meeting both the city's RHNA allocation and its Quantified Objective.
Community & Economic Development Director John Woodhead addressed affordable housing
challenges. Mr. Woodhead stated the biggest impact on the city's affordable housing funds was
the loss of $14 million in Redevelopment money, which was part of the city's requirement to set
aside 30% of tax increment into the LOMOD affordable housing fund. He continued that there has
been no income stream to replace these funds and in addition to decreased Community
Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funding,
City Council Minutes ofMarch ZL2Ol7
Page I2of3I
the Trump Administration's budget proposal seeks to completely cut both the CDBG and HOME
funding.
In response to Council Member Moreno, Mr. Woodhead responded that the proposed federal
budget cuts would reduce Anaheim's funding by several million dollars annually.
Mr. Woodhead addressed 2016 accomplishments and current efforts regarding housing units.
DISCUSSION: Council Member Barnes indicated ifthis was anon-going project, ahmvvou|d|ike
tosee where planning began, the current status, and where the city would gofrom there.
City Manager Paul Emery reported Council Member Moreno had asked staff to look at amore-
holistic evaluation ofwhere affordable units were and ownership. Hereported Mr. Woodhead
had his staff prepare an informational nlarMo with that infornation, but it was not ready in time for
tonight's agenda. The information will be provided to Counci|, via erOai|, and ifthere was interest,
staff would be willing to schedule a workshop to study the matter further.
Council Member Barnes asked staff to show the various rental rates and Mr. Woodhead reported,
in many cases, the city was subsidizing the rent paid by tenants, and the landlord received
market -rate rent and there was a cap in terms of what tenants would pay (30% of their income).
Staff will show where the units are located, across the entire city.
Council Member Murray added she would like a greater discussion about some of the constraints
put in place by the s%oba. She wants to better understand what the state is doing and how the city
can weigh in, especially rules related with SB -743.
Council Member Faessel asked if the remaining RHNA allocation will take five years tocomplete
and Mr. Woodhead stated there was a recognition between HCD and the state that RHNA were
not attainable and that is why the city focused on the quantitative obiective, but realizes it is nota
realistic goal. The city must send the quantitative objective to the state for their approval and staff
believes the allocation ioattainable, within five years. Council Member Famose|asked whether
attaining more affordable housing should become a greater focus for the city. Mr. Woodhead
reported the city has been following gpolicy where i1is targeting limited resources atsome ofits
neighborhoods where there is deteriorating and overcrowded housing stock and the units are not
affordable. The city acquires units and brings in partners and does a tax -credit deal which targets
very -low income households,
Council Member Moreno reported this and previous Councils have had an interest in meeting
housing needs inthe city. Henoted the current market cannot solve the housing crisis in
Anaheim. Mr. Woodhead agreed, adding the public sector was not building enough housing in
California tosatisfy the need. Headded any housing going towards low income families has
some sort ofsubsidization. Since the end Vfredevelopment, heisnot aware ofany cities seeing
an increase in affordable housing development, however, he will research the matter. Council
Member Moreno asked staff to make suggestions regarding policies the city should implement.
He referenced SB -02 and noted by state law, the city must develop transitional housing. Mr.
Bal[nerclarified, bystate law, the city must develop anordinance that complies with SB-O2;it
does not require production of units, but states the city must have provisions and zoning to have
those uses considered.
Council Member Moreno asked staff to return with a plan in terms of identifying spaces around
the citv, vvheny the city would be able to implement compliance measures of SB -02.
Council Member Faessel asked for a comparison of Anaheim with other cities in the area iDterms
oftheir F(HNAnumbers.
City Council Minutes of March 21, 2017
Page 13 of 31
City Manager Emery reported that is a possibility, but since staff has a lot on its table, he asked
for consensus to schedule the matter on the second meeting in April and include a workshop prior
to that.
MOTION: Council Member Kring moved to accept the 2016 Annual Housing Element Progress
Report and direct the Planning and Building Director to submit the report to the Governor's Office
of Planning and Research and the California Department of Housing and Community
Development, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7: (Mayor
Taitand Council Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0.
Motion Carried.
D180 7. Accept the bid of Chameleon Beverage Company, in the amount of $53,550 plus
applicable tax, to purchase bottled drinking water for the Public Utilities Department for a
one-year period with four one-year optional renewals and authorize the Purchasing Agent
to exercise the renewal options, in accordance with Bid #8841.
MOTION: Mayor Pro Tem Vanderbilt moved to accept the bid of Chameleon Beverage
Company, in the amount of $53,550 plus applicable tax, to purchase bottled drinking water for the
Public Utilities Department for a one-year period with four one-year optional renewals and
authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #8841,
seconded by Council Member Kring. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council
Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion Carried.
It was announced that Items No. 14 and 15 would be presented and discussed concurrently.
AGR- 14. Approve an amendment to the previously approved Sub -Recipient Agreement with
7295.1.1 Anaheim Transportation Network extending the term from five to seven years ending in
July 2020 for bus shuttle services between the Anaheim Canyon Metrolink Station, CtrCity
Anaheim and The Anaheim Resort which implements the Orange County Transportation
Authority Measure M2 Project S program, in the total cost of up to $732,888.
AGR- 15. Approve a Sub -recipient Agreement with the Anaheim Transportation Network, in the
10486 amount of $1,290,000, to provide bus shuttle service between the Anaheim Regional
Transportation Intermodal Center and CtrCity Anaheim for a seven-year period to
implement the Orange County Transportation Authority Measure M2 Project V
(Community -Based Transit/Circulators) program.
Public Works Director Rudy Emami announced these two items were for approval of new
circulators connecting existing Metrolink stations with areas of the city that met certain ridership
requirements. Item No. 14 was an amendment of an agreement for an existing, successful route
from the Canyon Metrollink Station to the City Hall complex/CtrCty area, continuing on to the
Anaheim Resort. Item No. 15 was a new agreement for service between ARTIC and CtrCty.
DISCUSSION: Council Member Faessel questioned whether Items No. 14 and 15 were
mitigation measures and part of the Disney agreement
Linda Johnson, Principal Planner, reported the subject services came after approval of the
Disneyland resort. Item No. 14 was developed through a grant the city applied for with OCTA to
City Council Minutes cdMarch 21,2O17
Page 14of31
provide commuter service for commuters coming from the Inland Empire with grant funds used
solely for operation ofthat line. She explained the grant was structured sothe City did not own
nor operate the bus, rather itwas owned and operated byATN. |Oterms ofItem No. 15.the City
applied for funds from OCTA with one bus acquired and one from the ATN fleet, with funds used
solely for this route. She reported neither ofthe rVViea were required under the Disney Specific
Plan and the city was implementing the city's Transit Master Plan approved by Council in 2007.
Council Member Moreno questioned the funding amounts and any protections in place, to which
Ms. Johnson reported the funds were solely transportation funds, not from the city's General
Fund, received from AQMD, the Anaheim Tourism Improvement District (ATID), and OCTA and
necessitated certain ridership criteria inorder for the city tncontinue toreceive the grant funding.
She reported for the Canyon route, boardings must be at least 55 per day and were averaging
55-1OO/dayfor the current route. For the ART|Croute, first year boardingm must meet 54/day1D
continue and must meet 9O/dayinthe second year orthe grant would end.
Council Member Murray thanked staff for the information and successful partnership with ATN
that has been providing excellent service to residents and commented on the benefits of
alleviating traffic in the area.
Council Member Barnes requested consideration of west Anaheim in the program. Ms. Johnson
explained when the Transit Master Plan was approved in 2007, one of the routes was from the
Canyon Station ioanemployment center ([Jnvvntovvn/Reoort)and when OCTA Measure M2
Project 8 became eligible to apply for grant funds, it was specific to m transit connection between
atrain station and odestination /ART|C-DOwDtown\. She reported meeting with aHonda Center
representative and asked him to provide a cluster map of where their employees live in Anaheim
so that other programs, including van pool programs managed by OCTA, could be researched
that may help those living onthe west side. She concluded that the new route would provide
extended hours, particularly on Friday and Saturday, that could benefit Honda Center employees
and reported staff will consider different grant opportunities going forward.
In response to Mayor Tait, Mr. Enlarni stated the request for an extension was due to the success
of the existing program and to allow ub|izGUVO of all funding available in the grant.
yW[)7-|ON: Council Member Kring moved to approve an amendment to the previously approved
Sub -Recipient Agreement with Anaheim Transportation Network extending the term from five to
seven years ending in July 2020 for bus shuttle services between the Anaheim Canyon Metrolink
Station, CtrCity Anaheim and The Anaheim Resort which implements the Orange County
Transportation Authority Measure K82Project 8pnnQrarn.intheb»ta|cmStofupto$732.088,
seconded byCouncil Member Murray. ROLL CALL VOTE: AYES —7:(Mayor TaitandCouncil
Members: Vanderbilt, Murray, Barnes, Moreno, K|ring. and Faemoe|\. NOES —D. Motion Carried.
MOTION: Council Member Kring moved to approve a Sub -recipient Agreement with the Anaheim
Transportation Network, inthe amount of$1'2QO.00D.tnprovide bus shuttle service between the
Anaheim Regional Transportation Intermodal Center and CtrCity Anaheim for a seven-year
period toimplement the Orange County Transportation Authority Measure KU2Project V
(Community -Based Transit/Circulators) pnogramn, seconded by Council Member Murray. ROLL
CALL VOTE: AYES — 7: (Mayor Taitand Council Members: Vanderbilt, Murray, Barnes, Moreno,
Kriny.and Fae8sm|). NOES—O. Motion Carried.
City Council Minutes of March 21, 2017
Page 15 of 31
A123 18. Waive Council Policy 4.1 and approve and authorize the City Manager to execute and
administer Professional Services Agreements with JSPR, Public Relations, Writing and
Marketing; Urban Field Studio, LLP; Greenhaus, Inc.; and CSG Advisors, in a maximum
compensation amount not to exceed $150,000 per agreement, for on-call services in
project management, financial, architectural, and public relations development and
economic development strategies through December 31, 2018, with three one-year
optional extensions.
Mayor Tait asked to table this item noting the need for additional information, reported the total
amount was $600,000 for the four different agreements, asked that it be agendized accordingly,
and address the scope of work.
Council Member Barnes asked staff to address the west side when the item returns for Council
consideration, noting that services should be universal.
Council Member Faessel added it may be appropriate to review the Master Transit Plan in the
future in regards to Council Member Barnes's concerns as well as his own.
MOTION: Mayor Tait moved to continue Item No. 18 to April 25, 2017, seconded by Council
Member Kring. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members: Vanderbilt,
Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion Carried.
C280 20. ORDINANCE NO. 6400 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2015-00285; DEV2015-00127) (2301, 2323
and 2331 West Lincoln Avenue; rezoning the property from General Commercial zone to
the RM -3 Multiple Family Residential zone) (introduced at meeting of March 7, 2017, Item
No. 16).
DISCUSSION: Council Member Moreno reported this was the second reading of the ordinance
and he pulled the item to register an abstention, as from the first reading, due to his concern that
within the re -zoning of a commercial property to residential there was no tool to confirm the
housing would include affordable units.
MOTION: Council Member Faessel moved to adopt ORDINANCE NO. 6400 AN
ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the
Anaheim Municipal Code relating to zoning (Reclassification No. 2015-00285; DEV2015-00127)
(2301, 2323 and 2331 West Lincoln Avenue; rezoning the property from General Commercial
zone to the RM -3 Multiple Family Residential zone), seconded by Council Member Kring. ROLL
CALL VOTE: AYES — 6: (Mayor Taitand Council Members: Vanderbilt, Murray, Barnes, Kring,
and Faessel). NOES — 0. ABSTAIN — 1: (Council Member Moreno). Motion carried; ordinance
adopted.
City Council Minutes ofMarch 22,Z017
Page 16 of 31
K4142 21. ORDINANCE NO.(ADOPTION) AN ORDINANCE OF THE CITY COUNCIL
B105 OF THE CITY OF ANAHEIM adding Section 1.04.381 to Chapter 1.04 of Title 1 of the
Anaheim Municipal Code providing for district -based appointment of City Board and
Commission Members; amending Sections 1.04.380 through 1.04.996 of Chapter 1.04 of
Title 1 mfthe Anaheim Municipal Code relating to City Boards and Commissions;
amending the Title nfChapter 1.O4toinclude Boards and Commissions; repealing Section
1.04.857 Of Chapter 1.04 relating to the Sesquicentennial Commission; and amending
Chapter 13.O4VfTitle 13 relating to the Parks and ReoFe@UmD Commission (introduced at
meeting 0fMarch 7.2O17.Item No. 21).
DISCUSSION: Council Member Barnes requested the process move forward amexpeditiously os
possible and reported her intention tomeet with people in District Nos. 1and 2and rally support
for getting residents involved.
In response to Council Member Faessel, Mayor Pro Tern Vanderbilt stated he was unsure as to
how the transition would work in terms of notifying board and commission members about when
their terms would end. City Clerk Linda Andm| displayed a slide ofbV8nd/connnnisaion transitions
and explained the process according toCouncil direction and actions. She addressed community
outreach, reported the city has anew computer application 10facilitate the application process,
specifically designed for each board/commission, and presented next steps.
Mayor Pro Tern Vanderbilt encouraged Council colleagues tuwork as efficiently as possibleto
review potential candidates.
MOTION: Mayor Tait moved toadopt ORDINANCE NO. 6401 AN ORDINANCE {]FTHE
CITY COUNCIL OFTHE CITY [>FANAHEIM adding Section 1.O4.391toChapter 1.O4nfTitle 1
of the Anaheim Municipal Code providing for district -based appointment of City Board and
Commission Members; amending Sections 1.D4.38Dthrough 1.D4.99OofChapter 1.O4ofTitle 1
of the Anaheim Municipal Coda relating to City Boards and Commissions; amending the Title of
Chapter 1.O4t0include Boards and Commissions; repealing Section 1.O4.857[fChapter 1.O4
relating tothe Sesquicentennial Commission; and amending Chapter 13.D4ofTitle 13relating 0o
the Parks and Recreation Commission, seconded by Council Member Moreno. ROLL CALL
VOTE: AYES — 5: (Mayor Tait and Council Members: Vanderbilt, Barnes, Moreno, and Faessel).
NOES —2:(Council Members Murray and Kring\. Motion carried; ordinance adopted.
23 ��oe��onddiaou�einf�rn�aUVnonUl�r�mub�ofih� conducted homeless
D118 � '~~~''~�
census, mawell aoany other matters that may involve the assessment ofand efforts to
address homelessness in the city and provide staff with direction on such matters.
Assistant City Manager Kristine Ridge introduced representatives from CityNet, who in
collaboration with community volunteers, non-profit groups, and city staff, conducted a
comprehensive homeless census on behalf of the city.
Dr. Brad Fieldhouse, CityNet President, presented the results of the census, stated the goals of
the census were to provide data pointe. gain additional insights to help focus on efforts, and build
a conversation for collaboration. He explained that with the assistance of volunteers and the
Anaheim Police Department, it was a four-day process to complete these goals. The process
included interviewing as many of the city's homeless population as possible, including areas Of
the city that were not Anaheim pnopaHm, but still connected to the city. []F. Fieldhouse stated that
there was etotal ofQDGhomeless individuals counted and continued hoexplain key findings aS
City Council Minutes ofMarch ZL2OI7
Page 17 of 31
well as specific categories, such as: demographics including age and ethnicity; special
characteristics; domestic violence and human trafficking; history of ; and registered
sex offenders. He provided a summary and recommended that providing more opportunities for
^ street eXito.^ or getting homeless individuals into shelters would provide stability and access to
more resources; to focus on transitioning individuals from shelters to housing, although overall
housing supply is low; and to continue investing in what is currently working, such as affordable
housing programs, public safety, street outreach, and collaboration. He addressed
accomplishments, such as Anaheim continuing to lead this space in engagement and
collaboration within the county, highlighted that there have been over 700 street exits since 2014,
the Anaheim Police Department's recognition in the State of California as being an innovative
police pn}ArarO, and for the ongoing implementation of best practices. He encouraged the public
to visit www.anaheim.neVhomeless for more information and provided information on how to get
C)|SCUGG|C)N: Council Member Khngaddressed the Association of California Cities, Orange
County (ACCOC)and stated this was acounty, state, and national issue. She encouraged
residents toattend ACC[)Cmeetings and noted the need to find larger ways bJdeal with the
homeless.
Council Member Faessel commented positively on the information presented and questioned the
differences indata with that horeported receiving from aUC|study at8recent task force
meeting.
Matt Bates' CitvNetVlne President, reported UC| had not yet released its full report and what was
shared was their executive summary. The CitvNetreport was complete and available for review
and once the i1C|report was distributed, amore in-depth comparison ofthe variances could be
made. He addressed the differences between a census and a statistical survey and noted there
was a variance in the number ofpeople that were interviewed. He added that in terms of mental
health, drug-addict/on,and other personal data, itcan bedifficult to get accurate data. He added
mental health issues were not commonly identified among the homeless population aomental
health concerns.
|nresponse to Council Member Faease|'mquestion about what changes could bmimplemented,
Gigi Zanganeh, CityNet Director of Programming, addressed a partnership with the Orange
County Health Care Agency 0oconcentrate Vnmental health needs. She stated CitvNmt
neon0mnnenda increasing those partnerships tVfocus on mental hea|th, with more clinicians,
county -wide.
Council Member Moreno addressed comments to the anti -camping ordinance, increased
numbers ofhomeless individuo|s, and enforcement protocols by the Police Department.
Ms. Zonganehaddressed Proposition 47.whereby thousands of people were released early from
jails and prisons,vvhichm@yhaveincreamedthenunmberofhornekesm people. She added that
specific questions as to whether they have been jailed were not conducted, but the subject comes
up when individuals share their stories and it is hard to gauge in terms of the cause of
homelessness being Proposition 47. K80. Ridge reported that data will beavailable, as the
County included such information in their 2017 count which should be released in June.
Ms. Zanganehstated because their approach iohupartner with law enforcement, after multiple
arn8s1a, many individuals who previously were not interested in services decide to accept them.
She added the balance of outreach/enforcement has been successful in many cases.
City Council Minutes ofMarch 21,JOl7
Page IDof3I
Mr. Bates addressed the importance of offering services consistently, with the goal of CityNet to
have relationships established and services ready for when people are ready to take the next
step.
|nterms of seizure of belongings, Council Member Moreno stated maintaining ghomeless
individual's property was important relative to their mental health and/or safety and questioned
whether multiple locations and times for people ioclaim their property would be helpful. [Jr.
Fieldhouse reported there was space available but free storage was a challenge and City
Manager Paul Emery made a distinction between property being stored and property confiscated
by the Police Department or Code Enforcement, with the latter a fiscal issue that staff could
evaluate interms ofopportunities toexpand. Hereported asking Police Chief (]uezodafor o
report onthis subject. yNG. ZoDggnehreported they offer appointments for access totheir storage
center and expanding those hours may not result inlarge benefits.
Mayor Pro Tern Vanderbilt asked whether there was the possibility of having people hold on to
their identification documents and medications, separately from their other belongings, and Mr.
Bates addressed the law enforcement side and the case management side noting confiscated
items were usually the larger items. Headded being unsheltered makes itextremely difficult for
homeless individuals to maintain their belongings and even if the oib/ were to set aside 8ra8m of
encampment, they would still be considered unsheltered.
Council Member Barnes thanked CityNetrepresentatives for their report and asked about the
motivation ofindividuals tostay homeless for long periods oftime, Ms. ZGngaOehreported there
was a sense of community among the homeless, many do not want to leave familiar areas, and
there were organizations that have enabling behaviors that do not contribute toalong-term
solution. She acknowledged many have difficulty detaching from a strong community and Dr.
Fieldhouse reported the substance -abuse issue adds tothose challenges. Hecontinued that
communication and regional cooperation between cities, the county, and other agencies was key
[ohelping address this issue. Mr. Bates commended the city for its efforts iDterms ofthe
Kraemer Shelter and encouraged advocates tubecome involved.
Council Member Faemme|asked about the possibility ofthe city forming otask force tOstudy the
matter and []r. Fieldhouse encouraged Council and those interested in the subject to attend
Qh/Netmeetings and bepart Vfthe conversation.
In response to Council Member Murray's question regarding conditions leading to aspike jD
homelessness over the last two years, Ms. Zangonehreported many individuals have chronic
health conditions that do not allow them to work, but many are not receiving the benefits they
should begetting. The county has aSocial Security outreach program totarget homeless
individuals with severe mental illness to get them the help they need; however, there is a higher
need than there ismanpower tOhelp. Ms. Ridge reported this was the most thorough count that
the city has ever done which also affected the numbers.
Council Member Murray asked what the greatest impediment was to building affordable housing
and addressed the purpose ofthe Kraemer Shelter. Ms. Ridge addressed the city's SB -2 zones
where shelters were permitted by right and reported there had been no faith -based or non-profit
organizations wanting totake advantage ofthat zoning. Council Murray commented positively on
the work done h«CitvNmt and noted the need totailor services homeet the needs Dfhomeless
individuals. She referenced a study that addresses the impacts of SB 109 and the massive shift
from state prisons tocounty jails and asked if there are other similar studies.
City Council Minutes of March 21, 2017
Page 19 of 31
Council Member Kring referenced the Diamond Facility, which provides services for the mentally
ill and reported Senator John Moorlach is looking at the Fairview property which would be a great
place for people to get the help they need.
Council Member Moreno referenced the profile of a typical homeless person and asked how that
data relates to the solutions being sought. Ms. Zangadeh reported the reason the information
was provided was because there are so many resources targeted for families, there is a lack of
shelters available for single men in the county. CityNet wanted to review demographics in terms
of how it differs between the homeless population and Anaheim residents. Council Member
Moreno asked if it would be helpful to form a collaborative to recommend policies and budget
advise. Ms. Zangadeh felt that it would be helpful, especially partnering with the Police
Department. Council Member Moreno suggested staff return with a report with options for
establishing a task force that will provide policies and budget recommendations to supplement
the work of the collaborative.
Mayor Tait commended CityNet for their work, noted strides being made in the city, and
referenced successful programs in New York City that Anaheim might want to consider.
No action was taken on this matter.
D116 24. Review options that may expand the scope and function of the Public Safety Board
("PSB"), discuss and provide direction to staff in various areas, such as, to increase
transparency, determine the method in which members are appointed, outline specific
authority and oversight to be granted to the PSB, establish reporting authority, and other
matters that may be necessary to (re)define the responsibility and authority of the Board
to continue its purpose, as set by the City Council.
City Manager Paul Emery encouraged Council direction in terms of information Council would like
to see in the staff report. Mayor Tait suggested setting up a community meeting, including the
Police Officers Association, and noted the need to work collaboratively.
Council Member Kring suggested considering comments from Pete Mitchell and Edgar Hampton
and addressed how members of the board would be chosen.
Mr. Emery noted wanting to ensure, as staff outlines some of the identified areas of opportunity
discussed by Council, that additional outreach was necessary as it relates to the Association and
the impacts of legal ramifications of the Brown Act.
Lylyana Bogdanovich, Administrative Analyst, presented the staff report addressing 13 expanded
scope options: 1) External auditor regularly presenting findings and recommendations with the
PSB for approval; 2) Having PSB vote on Anaheim Police Department's (APD) response to
external auditor's recommendations; 3) Allowing PSB to receive and forward complaints to APD
and copied to external auditor; 4) Provide PSB authority to request external auditor and/or APD to
research complaints made at a PSB meeting to a board member and report back to PSB — within
legal constraints of the law; 5) Provide PSB responsibility of reviewing recommendations from
APD's Major Incident Review Process and indicating whether PSB agrees with
recommendations; 6) PSB to provide annual reporting of activities to City Council; 7) Advise PSB
appointees to devise mission statement consistent with its goals and objectives; 8) Engage PSB
appointees to conduct community engagement and outreach; 9) Provide PSB responsibility of
preparing an annual public report — within legal constraints of the law; 10) Consider modifying
PSB from a City Manager appointed board and instructing City Attorney to determine implications
of the modification; 11) Consider modifying selection system from a lottery to City Council
City Council Minutes ofMarch Z1,ZO17
Page 20 of 31
appointment; 12\Consider increasing frequency ofmeetings to tVpromote continuity
and public engagement; 13) Consider changing name of Public Safety Board, removing Anaheim
Fire &Rescue from the scope. She explained certain items would take a longer time to research,
such as: access toinvestigations, review ofany major incidentesuhieutto/\PD^eMajor Incident
Review Process and vote on/\PD'arecommendations and findings, review and consider APD'o
disposition of complaints received by the PSB and voting whether it agreed or disagreed with
APO`s deterUiD@boD, and complaint intake function with complaints to be independently
investigated by an independent investigator and reviewed by the external auditor.
DISCUSSION: Mayor Tait asked staff topost the report onthe city's website and set upa
meeting with stakeholders to obtain their feedback.
Council Member Faessel indicated the need to look at all recommendations, including from the
ACLU and the Police Officers Association and determine where stakeholders agree and where
they disagree.
Council Member Nhng recommended any changes be reviewed with the Anaheim Police
Association to help consider any legal issues.
Council Member Murray reported the Chair of the Public Safety Board and staff have made
important recommendations but stated she could not support any efforts bJpoliticize the board
and oversight of the Police Department.
Council Member Moreno wondered what model could be used to build the most trust between the
community and the Police Department and asked staff b]provide data addressing it and including
the practices of other cities.
K4C]T|C]N: Mayor Tait moved totable Item No. 24.seconded bvCouncil Member Moreno. ROLL
CALL VOTE: AYES— 7: (Mayor Tait and Council yNenlbenG: Vanderbilt, Murray, Barnes, K4onano,
Khng.and Fa*oSe|\. NOES —D. Motion Carried.
Mayor Tait announced Item No. 26 would be heard prior to Item No. 25.
26. ORDINANCE NO. 6404 (INTRC]DUCT|C)N)/\NORDINANCE OFTHE CITY OF
KA142 ANAHEIM amending Chapter 4.05 (Short -Term Rentals) of Title 4 (Business Regulation)
of the Anaheim Municipal Code relating to short-term rentals, and finding and determining
that this ordinance is not subject to the California Environmental Quality Act (CE{]A)
pursuant toSections 15D6O/c\(2).15O00(c)<3\and 15061(b)/3\ofthe State CEQA
GuNeUnes, because it will not nemu|i in a direct or reasonably foreseeable indirect physical
change in the environment, because there is no possibility that it may have a significant
effect onthe environment and because itimnot aproject, amdefinedinSe[tion15378of
the CE{]AGuide|ineS.
ORDINANCE NO. 6405 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Chapter 4.O5(Ghort-Term Rentals) ofTitle 4(Business Regulation)
of the Anaheim Municipal Code relating to short-term rentals amending Section 4.05.180
relating to the termination and amortization of certain short term nanto| and finding and
determining that this ordinance is not subject *) the California Envinonrnenta! Quality Act
(CE[}A)pursuant toSections 15D60(o)(2),15D00(c)/3).and 15O61/b\/3\ofthe State
CEC]AGuidelines because the ordinance will not result ina direct Vrreasonably
foreseeable indirect physical change iVthe environment, because there imnopossibility
City Council Minutes of March 21, 2017
Page 21 of 31
that it may have a significant effect on the environment and because it is not a project, as
defined in Section 15378 of the CEQA Guidelines (18 -month amortization period ending
February 11, 2018 and allowing for a hardship extension).
Director of Planning & Building David Belmer provided background on Short -Term Rentals (STR),
addressed concerns with enforcement, and provided statistics on enforcement activity. He
discussed a lawsuit filed by STR owners and the Anaheim Rental Alliance (ARA) seeking to
invalidate the STR ordinances through a number of alleged procedural deficiencies. Mr. Belmer
noted there were substantive challenges in assessing risks in terms of potential settlements,
proposed amendments to the regulate and ban ordinance, amortization/hardship extension,
proposed amendments to the amortization ordinance, the settlement agreement, and benefits of
a settlement.
DISCUSSION: In response to Council Member Faessel, Mr. Belmer stated only two applications
had been filed, to date, that show the property owners would not recuperate their costs in 18
months and noted there was no "one size fits all" solution.
Acting City Attorney Kristin Pelletier addressed Council Member Faessel's question regarding the
effects of the timing, stating there had always been a hardship application extension process as
part of the ordinance, which was not changing. She continued the only thing that was changing
was a simplification, looking for a shorter time period, as if the owners had vested rights; the city
must allow them to recuperate their costs. It was noted that city staff was convinced that
adoption of the ordinance will shorten the period that STRs operate, as staff was starting from a
position that STRs are non -conforming uses and are incompatible in a residential area, with the
objective to eliminate the uses. As staff was reviewing the existing ordinance which, as law
requires, must contain a process to allow the reasonable opportunity to recuperate costs, it has
resulted in having a hardship -extension process. Through the settlement agreement and the
ordinances, the city was guaranteed that STRs will be eliminated.
Council Member Murray stated the approach staff was presenting was the most cost-effective
and time -intensive solution and spoke in support of staffs recommendations.
Council Member Moreno summarized the issue as what is best for the city's neighborhoods and
reported he received no communications from residents asking to settle the matter. He believed
residents who are impacted are asking the city for its support and noted staff has been firm and
fair in terms of the process. He stated this was a business venture, STRs have been given ample
time to recuperate their costs, and the city should continue its process.
In response to Council Member Barnes, Ms. Pelletier stated she had not researched the
possibility of lawsuits by residents but such discussion would be better held in Closed Session.
Mayor Tait noted Council has heard from residents, commented on how disrupting STRs can be,
and addressed their effect on property values. He stated that giving them another 18 months
does a disservice to surrounding residents, felt the city has a good case and, if it loses, another
ordinance can be issued, and stated he will oppose the item.
Council Member Kring noted STR owners also have property rights, many bought foreclosed
properties, and they have had to invest money fixing them and not all have recuperated their
investments. She expressed concerns with the high cost of litigation and noted uncertainties
about going to court, noting her support for the item.
City Council Minutes ofMarch 21,ZO17
Page 22 of 31
|nreply tnCouncil Member Faesse|'aquestion regarding the coats oflitigation, Ms. Pelletier
reported tndate, the city i8several hundred thousand dollars into itand spending between
$40,000 and $50.000 per month, not including monies being spent on the transactional side.
Mayor Pro Tern Vanderbilt asked whether testimony from the audience tonight was admissible in
court proceedings and Ma. Pelletier responded affirmatively, in &anno of the administrative record
and as it relates to this ordinance.
Council Member Murray believed staff made agood case for settling the matter interms mfwhat
would be best for the city and its residents. In response, Mr. Be|noer commented on the
expenses incurred by evaluating extension applications and stated staff believed, with a
settlement agreement, extension applications would bereduced. Staff still believes the ordinance
offers e large umbrella of protections to residents in eliminating GTRs. If, as part of the
aett|eBoeOt, it was stipulated that the Cib/ needed to significantly water down the "regulate and
ban" mrdinance, he would not be naConlnnaOding this to Council. Ms. Pelletier reported that she
and outside counsel believed staff s recommendation regarding this matter was the prudent thing
todo, given the challenges faced and the time frame those challenges will take toplay out.
Council Member Murray commented on the savings made in avoiding litigation and suggested
using the money toenhance Code Enforcement and improving residents' quality oflife.
K8{]T|[)N: Council Member Murray moved k]introduce ORDINANCE NO. 6404 AN
ORDINANCE (]FTHE CITY OFANAHEIM amending Chapter 4.O5(ShOrt-TennRentals) ofTitle
4 (Business Regulation) of the Anaheim Municipal Code relating to short-term nan18|s. and finding
and determining that this ordinance in not subject to the California Environmental Quality Act
(CEC}/\) pursuant 0oSections 15D60(c)/2).15D@D(c)(3).and 150O1(b)(3)ofthe SCoteCE{]A
Guide|ines, because it will not result in a direct orreasonably foreseeable indirect physical
change in the environment, because there is no possibility that it may have a significant effect on
the environment and because itisnot aproject, as defined inSection 15378Ofthe CEC)A
Guidelines and ORDINANCE NO. 6405 ANORDINANCE OFTHE CITY OFANAHEIM
amending Chapter 4.05 (Short -Term Rentals) of Title 4 (Business Regulation) of the Anaheim
Municipal Code relating toshort-term rentals amending Section 4.05.180 relating bJthe
termination and amortization of certain short term rental and finding and determining that this
ordinance is not subject to the California Environmental Quality Act (CEQ4) pursuant to Sections
15DO0/oX2\.15OOO(c)(3).and 15OO1(b)(3)ofthe State CE(]AGuidelines because the ordinance
will not result in a direct or reasonably foreseeable indirect physical change in the environment,
because there isnopossibility that itmay have asignificant effect oOthe environment and
because itinnot aproject, asdefinedim8eC1ion15378oftheCEC)AGuide|ines/18-mnonth
amortization period ending February 11, 2018 and allowing for a hardship extension), seconded
byCouncil Member Kring. ROLL CALL VOTE: AYES —4:(Mayor Pro Tern Vanderbilt and
Council Members: Kring.Murray, and Faeese|\. NOES —3:(Mayor Tait and Council Members
Moreno and Barneo). Motion Carried; ordinance introduced.
Mayor Tait called for a recess at11:15P.M. The meeting was reconvened at11:25P.M.
City Council Minutes ofMarch 2I,2027
Page 23 of 31
25. ORDINANCE NO. /|NT��DU���N)AN ORDINANCE C)FTHE CTYOF
K1142 ---------'' '
ANAHEIM amending Chapter 15.70 of Title 15 of the Anaheim Municipal Code relating to
the preservation of rental housing and motel properties in the City of Anaheim to include a
citywide, Quality Motel Inspection Program.
DavidBe/mer Planning and Building Director, reported this was the introduction ofanordinance
to amend the Quality Rental Housing Program to add Quality Motel Inspection Program. He
explained that Council adopted the Quality Rental Housing Program in March 2014 as part of the
city's efforts to invest in rental housing, address code enforcement and deferred maintenance
issues, eliminate substandard housing, and provide decent, safe, and sanitary environments for
all residents. He continued that the program was instituted in a phased approach, beginning on
the west side, to review and inspect housing units where warranted, address conditions, and take
actions asneeded. In August 2015, staff provided an annual report stating approximately 16,000
housing units has been covered in the program's first year and owners invested almost $20'000
inrepairs totheir rental units. Mr. Be|nlernoted one outcome ofthe annual report was an
acknowledgement that many motels were operating as de -facto apartments but were specifically
exempted from the Quality Rental Housing Program ordinance.
W1c Be|nnercoOtnued the ordinance for consideration vvOu|d create on inspection program for
rnoteho.3specifically-defined categorization of lodging in the Zoning Code, estimated to number
95 across the city. Similar to the rental pnoAr@rn, it would start On the west aide with those nnmte/8
where 10% or more guest rooms were in use for long-term housing (approximately 35-40 motels)
and those determined tobeopublic nuisance. The program also includes the self -certification
via a management questionnaire and inspections upon receipt of complaints or exterior views of
substandard conditions. Mr. Be|merstoted the city would work cooperatively with the owners to
address issues and would only issue fines ifthey failed tocorrect violations, with anappeals
process iDplace ifneeded. Todate, Mr. Be|[nerreported no appeals had been filed under the
Quality Rental Housing Program. There would benocost tothe participants, other than potential
fines for non-compliance, and the estimated annual budgetary impact was $118,000 - $150,000
tocover two part-time Code Enforcement officers and clerical support. Hareported the City
conducted outreach via presentations at district neighborhood meetings, the lodging association,
specific meetings with motel owners, including just on Beach Blvd., and with the Orange County
Apartment Association.
DISCUSSION: Council Member Barnes thanked staff for the report and making this a priority,
stated it was critical 10 keep high standards and make sure people were safe, added the
importance of beginning in west Anaheim, and thanked the Mayor for his leadership in cleaning
upBeach Boulevard.
In response to Council Member Faasse|'squestion regarding the timing for the program tocover
the entire city through the motel inspection program.Mr.Ba|0ermtate the goal was toimplement
the program across the entire city as soon aspossible and suggested presenting a status update
in a year to evaluate the program, noting potential challenges with inspecting each room in the
35-4Omotels that may besubject 10the program. Sandra Sagert.Community Preservation
ManaQer, noted in terms of the rental housing pn}Qnamn. Phase 3 was currently covering parts of
District Nos. 3and 4.
Council Member Murray requested an update onthe Quality Rental Housing Program this
City Council Minutes ofMarch 2I,ZOI7
Page 24 of 31
MOTION: Council Member Barnes moved ho introduce ORDINANCE NO. 6403 AN
ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 15.70 of Title 15 of the Anaheim
Municipal Code relating to the preservation of rental housing and nlmta| properties in the City of
Anaheim toinclude a citywide, Quality Motel Inspection Program, seconded by Council Member
Murray. ROLL CALL VOTE: AYES —7:(Mayor Tait and Council Members: Vanderbilt, Murray,
Barnes, Moreno, Khng.and Foesae|). NOES —O. Motion Carried; ordinance introduced.
27. Establish a sub -committee and appoint three (3) Anaheim council mambers, or less, to
interview and select a consultant to conduct a recruitment for the position of City Attorney.
APPOINTMENT: Mayor Tait
APPOINTMENT: Council Member Barnes
APPOINTMENT: Council Member Faessel
Council Member KriRO nominated herself, noting she has experience in Human Resources and is
an attorney.
Mayor Tait nominated himae|f, Council Member Barnes. and Council Member FaeSse|.
Council Member Murray questioned the need for a subcommittee noting this had previously
typically been done in Closed Session with the participation of the entire Council.
Acting City Attorney Kristin Pelletier reported this was a proposal for recruitment firm to conduct
the n3orui(nlant not o personnel matter of considering a candidate for which interviews would be a
conducted during Closed Session.
yNC}T|C)N: Council Member Kring nominated herself to be on the sub -committee. ROLL CALL
VOTE: AYES —4: (Mayor Pro Tern Vanderbilt and Council Members: Kring, Murray, and
Faesse|\. NOES — 3: (Mayor Tait and Council Members Barnes and Moreno).
yNCJT|C)N: Mayor Tait nominated himself to be on the sub -committee. ROLL CALL VOTE: /YES
—0: (Mayor Tait and Council Members: Vanderbilt, Murray, Barnes. Moreno, and F8eaoa|).
NOES — 1: (Council Member Krin0). .
MC)TON: Mayor Tait nominated Council Member Barnes bx be on the sub -committee. ROLL
CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Vanderbi|t, Barnes. Moreno, and
Faesse|). hjC)ES —2: (Council Members Murray and KFing).
K8O-l|[>N: Mayor Tait nominated Council N1e[nbGr Fae8se| to be on the sub -committee. ROLL
CALL VOTE: AYES— 7: (Mayor Tait, Mayor Pro Tern Vanderbilt, and Council Members:
Vanderbilt, Murray, Barnes, Moreno, Kring. and Faeeee|). NOES — O.
Mayor Tait and Council Members Barnes and Faessel were appointed to the sub -committee.
City Council Minutes ofMarch Z1,2O17
Page 25 of 31
PUBLIC HEARING:
28. CONDITIONAL USE PERMIT NO. 2016-05891
C22O (DEV2016-0011 1)
Location: 2922 East Belvedere Road
Owner: Paul D.Ke|h*har,2Q22E.Belvedere Road, Anaheim, CA828D6
Applicant: Grandma's House of Hope, Je'net Kreitner, 928 West North Street,
Anaheim, CA928O5
Request: To permit and retain an existing transitional living facility within an existing
single-family home.
Environmental Determination: The City Council will consider whether tofind the project
to be Categorically Exempt from the provisions of the California Environmental Quality Act
and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Conditional Use Permit No. 2O16-O5891(PC2D17-013) with the following
modifications: 1) modified Condition No. 3 to state that residents and employees shall
utilize nomore than four on-site parking spaces for personal vehicles onthe premises
while residing at the facility; 2) added a condition of approval which requires any future
operator to submit a Letter of Operation to the Planning Director to determine substantial
conformance with the uses allowed under this permit.
VOTE: 7-O(Chairperson Caldwell and Commissioners Bostwick, Corb 'a|.Da|ab.
Henninger, Lieberman and Seymour voted yea.\Motion Carried,
(Planning Commission meeting mfJanuary 23.2D17)
(Appealed byPatricia []arquea\
Mayor Tait reported hehad been asked tobeanhonoree cdGrandma's House ofHope gala this
fall, declared a potential conflict, and departed the chambers at 11:48 P.M.
David Be|Vler, Planning & Building [)ineotor, presented the public hearing as an appeal of
Conditional Use Permit KCL]P\to retain and permit atransitional living home at 2922 East
Belvedere Road which had been reviewed and unanimously approved bvthe Planning
Commission at a public hearing on January 23, 2017 and subsequently had an appeal filed by
Patricia DaPquea. the property owner to the immediate east. Mr. Be|merdemcribed the project as
fo||0ws:onthe corner ofGlendon Street and East Belvedere Road; surrounding uses ofsingle-
family residences onall sides within the RG -2 zoned residential neighborhood; site developed
with an approximately 2,400 square foot, two-story single-family residence with living spaces, four
bedrooms, and two bathrooms oOthe first floor and two bedrooms and one bathroom oOthe
second floor (six bedrooms total) with anattached two -car garage; operated bynon-profit
Grandma's House ofHope which leased the property iDJuly 2D1Oand began operating shortly
thereafter; they submitted an application for a CUP on October 25, 2016 to have the ability to
house upto10women (currently house 13\; the applicant currently operates two other facilities in
Anaheim and additional facilities in Garden Grove; the transitional living facility was intended to
provide asafe and stable environment for women over 55years old who due tOillness, loss gfa
supporting spouse, or other circumstances have not been able to obtain permanent housing and
are vulnerable boexperiencing homelessness; the facility does not accommodate men; residents
undergo a 60 -day vetting process to ensure they are a good fit for the program, residents are
provided with resources group and individual counseling, health service referrals , workforce
development programs, and wardrobe assistance tofacilitate their efforts tolive independently;
the typical length ofstay isapproximately six months but can be up to 18 months; the facility i8
staffed by up to four employees, including an on-site manager and 24 hour/day on-call staff
City Council Minutes ofMarch 21,2017
Page 26 of 31
member; visitors were limited to females and children only and only upon advance request by
re8kJen1S' and a 10 P.M. curfew for clients.
McBe|mer. reported the appeal filed by Ms. Darquea cited numerous concerns, grouped into
eight primary issues which he enumerated and addressed, as follows: 1) The facility location
would impact home prices inthe surrounding neighborhood, based on journal article submitted
bythe appellant. Staff clarified this was not a substance abuse treatment center, which the article
refenanoed, and staff was not aware of any authored studies regarding transitional living facilities
so it was difficult to assess potential impacts on home values because so many unique
circumstances exist. 2) As abusiness, this use violated the home occupation permit. Staff
found this was not abusiness, and therefore not a conflict. 3\The appellant was not properly
noticed. Staff mailed noticeaoftheJanuary281d Planning Commission public hearing 0oall
property owners and occupants within a 300-focd [adius, which was standard practice also done
for the current public hearing, informed additional interested parties, and published a physical
notice onthe subject property. 4\AgobepUving/drug and alcohol rehab facility was not 8O
appropriate use inasingle-family neighborhood. Staff reported the proposed facility was not
operated in this manner but as transitional, supporting housing with programs to assist residents
into permanent housing within 8-1Omonths and did not include on-site medical treatment or
prescription services. 5) Sixteen residents was too many for @ single-family residence. yN[.
Ba|nnerneport8d this has been heard during the Planning Commission hearing as well, but 16
residents was not a violation of the Building Code. 6\ Increased o[irnm as a result of facility. Staff
consulted with the Police Department who reported two call for service to the address during
2016 with one in April, pre -dating the current facilities occupation of the property, and the other by
a resident alleging her personal documents had been Ghn|en which was ultimately withdrawn as
the resident found the missing records. 7\Violation ofthe Property Owners Fairness Act. Staff
and the City Attorney's office determined this Act was adopted in Arizona pertaining to eminent
domain and regulatory takings and was not applicable in California. 8\The facility has the
potential 0obecome apublic orprivate nuisance. Mr. Be|marexplained the Anaheim Municipal
Code specifically defines a public nuisance, with a high standard, and private nuisances interfere
with other's use Oftheir own propedm, which was a civil matter and, therefoma, not pertinent to the
current hearing. Further, iDstaff's view, with all the conditions ofapproval being recommended,
staff did not believe this use would rime to the level of nuisance. In terms ofpublic outreach, Mr.
Be|mmrreported the applicant hosted one on-site open house prior tooccupying the property in
June 2O16with six neighbors attending; the applicant also hosted aninformal meeting a1Sunkist
Library after the appeal was filed, for which notices were sent within the 3OO-foctradius, to
address concerns and have additional dialogue which did result insome additional
neoO[OnneOd8UOnm by staff; and the City received six new ca||s/ernai|o in opposition to the project
and generally consistent with the appeal.
K8r. Be|nmerconcluded his presentation that some residents have questioned why staff
recommended approval ofthe project tothe Planning Commission. He reported the facility was a
transitional living home serving older women which was compatible with the neighborhood, the
applicant's submittal included a detailed letter of operation for which any deviation would require
a return for another public hearing to modify the conditions of approval, and staff recommended a
12-mVnthreview tmensure the operations did not negatively impact the neighborhood.
Council Member Faessa|reported the applicant contacted him.
Mayor Pro Tern Vanderbilt opened the public hearing.
Patricia DaPqu8a, appe|hant, expressed concerns with property rights of homeowners and the
need for property owners tDknow inadvance ofany changes being made totheir neighborhoods
and cited concerns with declining effects on the city's housing wellness by low -demographic
City Council Minutes ofMarch 21,ZOI7
Page 27uf31
income housing facilities. She referred tothe Property Rights Act from Arizona being
implemented in4Sstates tpaddress property rights and political agendas. She expressed
concerns regarding negative impacts tohomes and property values and reported nudata had
been offered to her, her husband, or her neighbors and questioned how such facilities benefited
their surrounding residents. She cited staff statements that no demographic input or study was
conducted in hyrrna of this implementation and that one approval would not necessarily diao||Vxv
additional approvals. Ms. Oarqueaquestioned the 3O0400tnoticing requirements and why
mailed notice were not sent bycertified mail toensure delivery. She shared that this potential
use in their neighborhood has made them change their lifestyle and believed asking them to
sacrifice their well-being for someone else's well-being was unjust. She reported giving sufficient
evidence as to why this matter would affect her family's safety and believed Council should
address this private nuisance 8aitaddresses public nuisances. Aathe shelter was approved
without her knowledge, Ma. O8nquee reported it affects her loss of use, loss ofher privacy,
enjoyment of her property, and her peace of mind and expressed concerns that vetting is only
done bvthe person running the facility, not bythe city orgovernment. Additionally, she reported
the shelter has a rating of 2.4 out of 5, houses four women in one room in bunkbeds, addressed
what they pay, opined there was no incentive for residents to move into permanent housing,
expressed concern with no certified nurses dispensing medication, and alleged anH|PA\
violation. She urged Council to stand with the residents and protect their property values.
Charles Darquea, appellant, commented on the constitutional rights of taxpayers including being
made aware ofthe Property Fairness Act, that owners have aright tmknow. Hereported never
receiving notifications via mail or registered mail; alleged that to help a few, Council has harmed
many; and its actions have harmed property values, submitting MLS data.
Je'net Kreitner, applicant, thanked Planning staff for their work completed thus far and explained
Grandma's House of Hope's partnership with the city and services and programs provided by the
organization, including celebrating 1 0 -years as a non-profit, rescued over 2,000 women, fed over
2 million meals to rnVte| ohi|dman, and provided services hoover 2O.ODOfamilies. Mm. P{neitnar
reported the facility was not a detox or addiction rehab facility, nor a sober -living house but
transitional housing for women with a sober environment; the address of the facility was
confidential and not given out to clients or provided for walk-up service; residents are carefully
vetted through m 60-90 stay atan intake house prior to being placed atthis facility along with G
24 -page intake packet and random drug/alcohol testing; turnover will be at a minimum; and
women are expected to comply with all rules. |nterms ofthe rating stated, she explained
receiving negative Yelp reviews from women who were angry they have been exited from the
program for non-cmnlp|iance. She explained the site had adequate parking iOthe garage and
driveway, had 24/7 oversight, smoking was only allowed in one area of the backyard, and
reported the owners mfthe house donot make an income from the program and the facility does
not make aprofit, asitimanOn-profit. She cited arecent audit where over $O.8OcJeach dollar
went directly b} services; program fees collected covered mha|ter, hood' utilities, etc.; 4096 of
clients paid their own fees with their own income and 6096 were paid by the County with strict
inspections/requirements and annual Sheriff re -certification; and noted they would not receive
funding 8m8non-profit without verified good programs. She explained medication procedures
and rules, and stressed there was no HIPAA violation, and regarding property values, submitted
letters from local neo|tonsstating that supportive housing for disabled women would not negatively
impact home values in a neighborhood if the home's condition was well-maintained.
Jim SUke|eatheretated most home -buyers were seeking equity, mtabi|ib/, quality oflife, and
congruency and alleged the placement of shelters within neighborhoods would create
adversaries, not partners, citywide. Hmsuggested the need toadjusting planning and building
standard operating procedures and change the way things were done. Hereferenced m
published report by realtor.corn indicating loss in property values by 12.3% due to the presence of
City Council Minutes of March 21, 2017
Page 28 of 31
homeless shelters in residential neighborhoods and expressed concern with how the entire
project was managed from the beginning, including the need for the city to provide outreach and
information to residents. He asked Council to overturn the Planning Commission's decision, felt
that their voting record shows they were pushing a political agenda, and opined homeless
shelters have no place in residential neighborhoods.
Scott Vollero acknowledged the city had adequately addressed two of three main concerns
expressed by homeowners — safety and operations, believing questions had been satisfactorily
answered regarding the non-violent nature of the clientele and the management and operation of
the facility by the applicant. He suggested an additional condition be added that the same type of
clientele would be served by the site upon any changes in management. The third concern,
which he believed had not been addressed, was economic implications. He reported no one
knows, with certainty, what the effect of the facility will be on property values, addressed the
results of studies by HUD relative to the effect of similar facilities on property values, and the
noted the need for good data in deciding, suggesting a volunteer commission study the issue and
determine potential impacts.
Patrick Kreitner, Grandma's House of Hope co-founder, read a letter from a current board
member, Betty Ashley, indicating support for the project and for its residents.
Ariane Schlesinger described her background and experience with property management,
particularly affordable- and transitional -housing. She objected to having the facility in her
residential neighborhood, noting it was unfair to impose it on residents.
Lou Noble spoke about misconceptions regarding homelessness, quoted from the Bible, and
spoke in support of the project.
William Fitzgerald, Home Owners Maintaining Our Environment, alleged Grandma's House of
Hope was a sham non-profit and that Council was only looking out for their self-interest. He
spoke in opposition to the project, commented on Council connections, paybacks, and donations,
and felt Council does nothing for the people of Anaheim.
Len Beckman spoke regarding women as the most vulnerable and offered support for the project
and the services it provided. He stressed property values were not affected by the facility and
some neighbors did not know the facility existed for seven months. He acknowledged neighbors'
concerns must be addressed, noted at -risk women deserved help, and urged Council to think this
through.
Gary Frazier, Orange, spoke in support of the project, commented on other facilities in the city,
and addressed services provided by Grandma's House of Hope and read a message from Jimmy
Gaston, President of Anaheim Supportive Housing, expressing support for the project.
Gail Anderson, realtor, spoke in support of the project and attested supportive housing facilities
do not reduce property values. She stated the facility helped elderly women not to be homeless
and raised the issue of increased homelessness in the city, continuing that Ms. Kreitner's homes
were practically invisible in the neighborhood and kept immaculate, inside and out. Additionally,
she stated Ms. Krietner has high expectations for residents and stringent guidelines for their
behavior and Grandma's House of Hope stands as one of the pillars in the community in terms of
meeting the needs of the underserved, abused, elderly women.
R. Joshua Collins, Homeless Advocates for Christ, stated he supported housing for people in
need but questioned charging $500 to those who cannot afford it. He expressed concern
regarding how Council was treating the homeless, noting it was irresponsible governance and
City Council Minutes nfMarch 21,2O17
Page 29of3I
management of taxpayer money to ignore attorneys' threats of lawsuits when confiscating
people's property.
David M@OQikyan commented on the fao|||tv sounding business -like by having four employees
and not complying with low density zoning.
Patricia Darquea believed the homeowners had been victimized for someone else's well-being
and hoped Council would hear the voices of residents and reiterated they had no say relative to
approving the facility. She reported many neighbors felt the same but were unable 10stay tonight
because ofthe lateness ofthe hour. She noted the fee she and her husband had topay to
appeal the matter and baheard.
Mayor Pro Tern Vanderbilt reported there were no speakers at his location and closed the public
hearing.
DISCUSSION: Council Member Kring reported the Planning Commission was different from
Council and only considered the land use of the project. In response to her inquiry. Mr. E}e|rner
reported Ms. Kreitner performed her own outreach and the city sent notification cards, residents
were invited to attend the Planning Commission hearing, notifications were sent to residents living
within a 300 -foot radius of the subject property, and the city does not send via certified mail.
Council Member Faessel reported when he was on the Planning Commission and considered
Grandma's House of Hope, the room was filled with many concerned citizens and he suggested
continuing the item for added research and direction b]Ms. Kreitne[0oobtain input from
neighbors. When Ms. Kneitnmrneturned before the Planning Cornmiasion, she alleviated some of
the concerns and the Commission voted unanimously for approval. Maaddressed the most
recent Planning Commission meeting where they voted unanimously without directing Ms.
Knaitnerto obtain community input. By doing that, residents believed their concerns were
dismissed. Hereported having great respect for Ms. K[eitnerand her project and noted there
have been norelated problems. Hemade adistinction inthe location ofthe subject home to
others inthe city and felt the residents did not have anopportunity tmhave their concerns
addressed. He commented positively onMs. Kneitner'aoperations and residents living mt
Grandma's House ofHope, Hmindicated hewould support the appellant onthis matter, noting
additional input from residents was needed.
In response to Council Member Kring' Acting City Attorney Kristin Pelletier pointed out there was
state legislation that prohibited Council from treating transitional housing uses differently from
other residential uses inthe residential zones. Ms. Pelletier added the same rules that apply to
residential uses needed tobeapplied hotransitional housing.
Council Member Faessel stated his concern was the lack of outreach to the community and
hearing the concerns ofthe neighbors, and not with the project itae|f
Council Member Khngnoted Ms. Kneitnerdid obtain feedback from the community and asked if
the appeal was approved, what would happen tothe CUP. Mr. Be|rnarreported she would lose
the CUP. Council Member Khngcommented positively onMs. Knaitnerand her operation and
expressed support for the item, noting she would not support the appeal but acknowledged the
need for Ms. k{rei1ne[Uo get out into the community to address their concerns.
City Council Minutes ofMarch ZL20l7
Page 3Oof31
MOTION: Council Member Kring moved to uphold the Planning Commission's decision and
adopt RESOLUTION NO. ARESOLUTION OFTHE CITY COUNCIL C]FTHE
CITY OF ANAHEIM approving and adopting Conditional Use Permit No. 2016-05891;
determining that the action is exempt from the provisions of the California Environmental Quality
Act (CE[}A)under Section 15301 ofthe CECjAGuidelines (Class 1);and, making certain findings
inconnection therewith ([)EV2O16-O0111;2922East Belvedere RVad)'seconded byCouncil
Member Murray.
DISCUSSION: |nresponse toMayor Pro Tern VaOderbi|t'mquestion regarding whether the
Planning Connrnioaiom should have considered additional community outreach, Mm. Pelletier
stated the Planning Commission considered those items and there were conditions imposed to
review the facility in the future to ensure it was complying with the conditions of approval.
Mr. Be|nneraffi[Oomd conditions were imposed as the result of comments from community
meetings and the public. Hereported ifMs. Kneitnerwas going tolimit the number ofresidents to
six or fewer, she would not require city approval.
Mayor Pro Tern Vanderbilt felt additional outreach would be helpful and suggested continuing the
item ordenying it.
SUBSTITUTE MOTION: Council Member Faemse|made osubstitute motion tocontinue the item,
until the applicant can show she has addressed the concerns ofthe neighborhood.
DISCUSSION: Council Member Moreno commented onthe process and questioned why
neighbors did not take advantage ofopen houses and community meetings Onthis matter. He
acknowledged the neighbors' concerns but noted many have not been substantiated in terms of
police calls for service, it had been shown the facility does not pose a safety issue, and
commented onreduced property values. |Dreply tohis question regarding Council Member
Faessel's concerns, the latter stated there were neighbors who missed opportunities for comment
and had they felt they were heard this would not have happened.
In reply to Council Member Moreno's question as to whether there was urgency in this matter, Mr.
Belmer reported not as far as staff was concerned, but the appellant traveled from San Jose to
attend the hearing. Ms. Kreitnerstoted she would prefer not to continue the matter as she felt
they have done their due diligence. She reported the appellant does not live iOthe neighborhood
and clarified there was no privacy issue. She concurred with the Planning Commission's decision
and added conditions and would like hJsee the conclusion [fthis matter.
In response to Mayor Pro Tem Vanderbilt's inquiry, Mr. Belmer reported the facility was currently
in operation. If the appeal was upheld, they would be allowed to continue with their current
occupancy.
Council Member Murray stated she was sorry residents questioned the process and suggested it
may need iobareonsidgmed. She reported property values inthe neighborhood have gone up
and there were nocomplaints o[issues with the operation. She opined Ooresidents who have
spoken inopposition would change their minds with additional time. Mr. Ba|rnerstated the
appellant was not told they do not have property rights and addressed the city's noticing and CUP
process. Council Member Murray commented positively regarding the operator and operation
and expressed her support for the applicant.
City Council Minutes of March 21, 2017
Page 31 of 31
In response to Mayor Pro Tem Vanderbilt's question, Mr. Belmer reported the home has been in
operation since April 2016.
The substitute motion lacked a second and Council Member Faessel withdrew his motion
MOTION: Council Member Kring moved to uphold the Planning Commission's decision and
adopt RESOLUTION NO. 2017-053 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving and adopting Conditional Use Permit No. 2016-05891;
determining that the action is exempt from the provisions of the California Environmental Quality
Act (CEQA) under Section 15301 of the CEQA Guidelines (Class 1); and, making certain findings
in connection therewith (DEV2016-00111; 2922 East Belvedere Road), seconded by Council
Member Murray. ROLL CALL VOTE: AYES — 4: (Council Members Murray, Barnes, Moreno,
and Kring). NOES — 2: (Mayor Pro Tem Vanderbilt and Council Member Faessel). ABSTAIN —1:
(Mayor Tait). Motion carried.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Murray asked staff and Council to keep the meetings shorter than they are
currently running.
Council Member Kring agreed with Council Member Murray's comments.
Council Member Barnes stated she would purchase 10 tickets for the Up with People event on
March 25 at Anaheim High School and asked interested persons to contact her.
Mayor Pro Tem Vanderbilt requested staff monitor changes at the national level regarding the
Affordable Care Act and ensure that Anaheim remains committed to providing healthcare
regardless of any changes.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Pro Tem
Vanderbilt adjourned the meeting of March 21, 2017 at 2:16 A.M. on March 22, 2017.
Respectf mitted,
Theresa Bass, C
Acting City Clerk