12/19/2017ANAHEIM CIN COUNCIL REGULAR MEETING
AND REGULAR ADJOURNED MEETING OF DECEMBER 19, 2017
The regular meeting of December 19, 2017 was called to order at 3:00 P.M. and adjourned to
4:30 P.M. for lack of a quorum. The regular adjourned meeting of December 19, 2017 was called
to order at 4:35 P.M. in the Downtown Anaheim Community Center, Assembly Hall located at 250
East Center Street, Anaheim, California. The meeting notice, agenda, and related materials were
duly posted on December 15, 2017.
PRESENT: Mayor Tom Tait and Council Members Kris Murray, Denise Barnes, Jose F.
Moreno, Lucille Kring and Stephen Faessel.
Mayor Pro Tem James Vanderbilt joined the meeting at 4:37 P.M.
STAFF PRESENT: Interim City Manager Linda Andal, Acting City Attorney Kristin Pelletier, and
Acting City Clerk Theresa Bass.
ADDITIONS\DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
William Fitzgerald, Home Owners Maintaining Our Environment, commented on closed session
Item No. 1 stating Daniel Cahill is seeking a $750,000 settlement and opined that the City Council
will give away taxpayer money. He further commented on closed session Item No. 2, stated the
Anaheim Fire Department union provides political donations to the City Council, and opined that
four years ago the City of Santa Ana contracted with the Orange County Fire Department and has
a better fire department and has saved $10 million a year.
John Dunton commended the Anaheim Fire and Rescue and stated the Anaheim Fire
Department is highly respected by the Orange County Fire Authority and the Anaheim business
owners.
CLOSED SESSION: At 4:38 P.M., Mayor Tait recessed to closed session for consideration of
the following items:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Daniel Cahill v. City of Anaheim, et al., Orange County Superior Court
Case No. 30-2017-00956143-CU-WT-CJC
2. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Jason Motsick, Acting Human Resources Director
Name of Employee Organizations: Anaheim Firefighters Association, Local 2899
At 5:44 P.M., the council session was reconvened.
INVOCATION: Father Constantine Trumpower, St. John the Baptist Greek Orthodox
Church
FLAG SALUTE: Mayor Pro Tem James Vanderbilt
City Council Minutes of December 19, 2017
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PRESENTATIONS:
Recognizing the Anaheim Beautiful Holiday Lights Winners
Mayor Tait recognized the Anaheim Beautiful Holiday Lights winners and thanked residents for
participating in the program.
Sandra Sagert, President, Anaheim Beautiful, addressed the goals of the organization and details
of the Anaheim Beautiful Holiday Lights contest. She reported the City's Public Utilities
Department sponsored the event and introduced the judges. Winners included Tom and Kathy
Cryer for "Most Inspirational", Luanne van Hunnik for "Best Display of LED Lights", Gilbert Cobas
for "Most Traditional", Randy and Teri Vayda for "Most Unique", Mayo and Joshua Letuligasenoa
for "Best Vintage Display", Mike and Christina Toorop for "Most Community Spirit", the Kushner
Family for "Best Animation and Music", Bob and Cheryl Sahagian for "Best Neighborhood
Association Display", The River Event Center for "Best Commercial Display", and Steve and
Kathy Poremba for "Miss Anaheim Festival Teen Ambassadors Choice", and they were presented
with proclamations in appreciation for their efforts.
Recognizing the 5th Anniversary of Grupo Folklorico Desafio
Mayor Tait recognized the 5th Anniversary of Grupo Folklorico Desafio which performed a dance
from Jalisco, Mexico.
At 5:58 P.M. Mayor Tait called to order the Successor Agency to the Anaheim Redevelopment
Agency, Anaheim Housing and Public Improvements Authority, Anaheim Public Financing
Authority, and Anaheim Housing Authority (in joint session with the Anaheim City Council).
ADDITIONS/DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS fall agenda items, except public hearings): Prior to receipt of public
comments, a brief decorum statement was provided by Acting City Clerk Theresa Bass.
Cecil Jordan Corkern, Outreach Homeless Ministries, read a passage from the Bible and spoke
about Christmas being the celebration of the birth of Christ. He alleged Disney used subliminal
sexual messages in their films and noted the need to protect children from them.
Mark Richard Daniels commented on the implementation of a Police Commission that will have
the powers to review evidence and will be subject to the Brown Act. He opined this will be
something that will be long -remembered and become a legacy for this Council.
Colin Womer, Drug Free Anaheim, reported there have been 223 participants in the program,
commented on their participation in Triage Day, and thanked Council for their support.
Council Member Murray acknowledged Lighthouse and reported when they offer
scholarship beds, they do not get a tax -write-off as they are not non-profit and
thanked them for their service to the City.
Rita Gonzales read a statement from 22 residents on her street. Since 2017, her neighborhood
has had to put up with a bar -like atmosphere by a nearby dance club with loud noise, music, and
a DJ. Ms. Gonzales stated the music and screaming increases as drinks take effect, and the
Police have been called on numerous occasions. She reported promises have been unkept,
urged Council Member Kring to visit the area on a Friday or Saturday night to see for herself, and
read a quote from Steve Lodge, Council Member Kring's policy advisor, indicating those types of
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uses are incompatible with the neighborhood and should be eliminated. Ms. Gonzales presented
the petition signed by her neighbors.
Edward Gonzales read a letter from Bill, McCloud Street, expressing concerns regarding loud
noise from the nearby farm and decreases in property values.
Mayor Tait directed Acting City Manager Linda Andal to investigate the matter and
report back to Council.
John Dunton reported meeting with Michelle Gile, a reporter from Channel 9, who asked that he
thank Council Member Murray for granting her an interview. He reported he and the Anaheim
Fire and Rescue have raised a lot of toys for Anna Drive. He thanked the public, expressed his
wishes for a Merry Christmas, and urged everyone to remember those in the military.
Ed Thaete commented on his years of service with the Anaheim Police Department and his
current position monitoring vehicle and pedestrian traffic traveling the Packing House District. He
reported very few, visible signs give motorists direction regarding where to legally park and stated
people were parking in alleys and when services were conducted in a nearby mortuary, that
location was not available for parking. Additionally, he expressed concerns regarding pedestrian
safety at Broadway and Claudina and reported his previous concerns with the lack of lighting on
Broadway, east of Anaheim Boulevard, have been addressed. He provided information regarding
a Rectangular Rapid -Flash Beacon (RRFB) and submitted written comments to staff.
William Fitzgerald, Home Owners Maintaining Our Environment, commented on the previous
Council meeting, referenced the video shown of the officer -involved incident at a laundromat,
claimed certain council members and colleagues taunted a grieving family, and addressed
campaign contributions by the Anaheim Police Union.
Yesenia Rojas thanked Mayor Tait and commented on the story of America being the story of
immigrants. She noted immigrants come here to make a better life for their families, work hard
and pay taxes, and have concerns regarding those left behind in their home villages. Ms. Rojas
addressed efforts by Mayor Tait benefitting the City of Guanajuato, Mexico, and thanked him for
everything he has done.
Paulina Ventura continued reading the letter presented by Ms. Rojas, noting the Mayor has a
better understanding about the needs of residents of Guanajuato by visiting her village and
actions supporting residents of Anna Drive. She thanked Mayor Tait and encouraged continued
growth in the City.
Bryanna Borrajo invited Council and the public to a traditional Posada, on December 23, 2017, on
Anna Drive and distributed flyers with related information.
Mayor Tait commented on Yesenia Rojas's kindness and acknowledged her hard
work benefiting residents of Guanajuato and Ana Drive. She has worked hard to
get a road built in her village and improve sanitation and commended her for her
efforts and accomplishments.
Matthew Skaggs, Al Fresco Gardens, thanked Mayor Pro Tem Vanderbilt and Council Members
Moreno and Barnes for their participation in the Homeless Policy Working Group. He reported
the Al Fresco Gardens project was not intended to replace permanent housing. In addition to law
enforcement, he noted the importance of maintaining a presence of law and order but those who
were arrested for misdemeanors are usually out on the street again after a few days, and the
community is left with a cost of over $7,000 per person, per month, to house them. He spoke in
support of the Housing First program, noting it costs less than workforce training in community
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colleges, which is paid for by the State. In his view, providing housing without education was
irresponsible, as it does not address the problem of sustaining permanent housing, long-term.
Marie Cofinco, aunt of Fermin Vincent Valenzuela, shared her feelings and reactions to viewing
the body camera footage of her nephew's interaction with Anaheim Police Officers. She stated
something needed to change and police need to be held accountable for their actions. She
reported after the last Council meeting, she was followed home to Dove Canyon by the Anaheim
Police. She stated she will not be stopped and will continue to be her nephew's voice.
Mayor Tait asked Acting City Manager Andal to investigate the matter and report
back to Council.
Renee B. suggested taking the item regarding the Police Review Board off the agenda noting it
does not have enough power, as presented. She stated she will continue addressing the
Anaheim Police at Council meetings to increase public awareness. She indicated the Police
Commission needed to be as accessible as City Council and held in Council Chambers. As
presented, she believed the Police Commission will be a waste of time and money and is a tone -
setting mechanism to keep the upper class of Anaheim happy. She opined the Anaheim Police
need to be filmed always and there are dangerous officers working for them who have received
no accountability.
Bob Donelson spoke about subsidies that went to Disneyland and commented on their moving
the location of their hotel, adding it will affect many businesses and employees. He expressed
concerns that Disney was being given a free pass, getting millions in subsidies, yet eliminating
jobs, and alleged Disney has paid off three Council Members.
Kenneth Batiste spoke about the Anaheim Police killing innocent people and noted the need for
something to change. He reported the people want a Police Commission but opined their
requests were falling on deaf ears. Mr. Batiste stated the corruption of the political system in the
country has become embarrassing and must be changed. He reported people are gearing up for
change and referenced www. represent. us which works to ensure the government is not for sale.
He questioned why the City provides subsidies to company worth billions of dollars while the
homeless in Anaheim live in tents. He stated it does not make sense that the City is represented
by seven people whose decisions affect the City while residents are unable to vote. He added it
was not about representing Disney or The Irvine Company, but about representing the people.
Wes Jones reported attending Triage Day and thanked Matthew Skaggs, Jay Cole, and Lou
Noble for their help in promoting the event. He commented on costs and stated he expects a
report on how the money was spent and how many people were helped by the event.
Michelle Montes commented on the need for accountability for the Anaheim Police Department
and have residents investigate their crimes.
Jennifer Rojas, ACLU of Southern California, noted residents of Anaheim deserve to live free of
police brutality and noted the need for oversight. As Council reviews the issue tonight, she
reported it was crucial for Council to ask questions regarding the Board having immediate access
to all police investigative files and all video evidence and the Board's public statement. If the
Board is not able to review those resources, she stated, the proposed Board will not provide a
meaningful or effective police oversight in Anaheim. Ms. Rojas commented on the importance of
the Board to formally decide whether any critical incident was in or out of Anaheim Police
Department policy and to judge the adequacy of the Anaheim Police Department's internal
investigation. For the Board to be effective, it must have unfettered access to all records and the
ability to issue a public determination on whether a critical incident was in or out of policy. She
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requested Council not move forward with the proposed Board, adding it should be tabled to allow
for discussion to ensure the recommended elements are implemented.
Michelle Rios, Property Manager, Arbors at Magnolia, spoke regarding the need for a left -turn
signal at the intersection of Magnolia and Broadway, as it is a high -traffic area for vehicles and
children walking to school, and reported high incidents of vehicle accidents from people trying to
make a left turn. She read a response from staff and reported this was not a traffic issue, but
rather a public safety issue. She asked Council Member Barnes to make sure funding was
expedited.
Victoria Vidrio spoke about the need for citizens to control the Anaheim Police Department and
for officers who kill not to be paid for doing so. She reported she was called a liar on
Anaheim.net and stressed she does not lie.
R. Joshua Collins, Homeless Advocates for Christ, spoke about Jesus being the only hope for
salvation and expressed disappointment that Council has not repealed the anti -camping
ordinance as the homeless have no place to go, are sleeping outdoors, and are fearful of being
cited or jailed for being homeless. He reported there is discrimination and selective enforcement
of laws, but the City is robbing people of their rights. He encouraged Council to practice kindness
and bring change soon.
Erik Garcia referenced previous statements about bigots speaking and being heckled and stated
the community does not like being heckled by police, disproportionately. He added communities
of color are disproportionally targeted by police. He referenced the item relative to the Police
Review Board and asked Council to table it, as it will not be effective as proposed. He indicated
bad oversight is worse than no oversight and noted the Anaheim Police Department must be held
accountable. The Board must have the ability to review police records and make findings about
critical incidents. Additionally, he stressed the need to ensure the Police Association does not
continue to buy Council Members and that Council Members represent their constituents. Mr.
Garcia referenced the ACLU report and stated discrediting the report does not eliminate the
issues needing to be addressed.
Mike Robbins reported there have been 287 homeless deaths this year and the average age of
death is 49. He read a version of "The Night Before Christmas" pertaining to the plight of the
homeless.
David Duran commented on Council being leaders to the community and noted Council's
decisions have lasting impacts. He addressed the Police Review Board and reported there are
holes in the proposed plan and it is not effective. He urged Council not to move forward with
approving the matter, as presented, noting it needs additional consideration and work.
Jeanine Robbins spoke regarding the informal union between Council Member Murray, Council
Member Mike Alvarez of Orange, and Supervisor Todd Spitzer. She reported she was seeing a
pattern develop between three elected officials who are known for encouraging criminalization of
the homeless population and making a document request for copies of any communication
between the officials and any members of their staffs. After twenty days, she received a letter
from the City Attorney stating that after a thorough and diligent search, there was no
communication. She opined this was just another example of hidden communications between
officials. Ms. Robbins reported Housing is a Human Right set up tables next to the CityNet RV on
the riverbed. They distributed dozens of jackets, blankets, and beanies and conducted voter
registration to the homeless residents. Most comments by the homeless as to why they did not
participate in Triage Day was because of the presence of the media, as they are ashamed of their
living situation. They were not able to receive services due to the "show" put on for the media.
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She suggested that, in the future, these events be used to help people and no press release
should be issued and not used for political campaigns. She referenced Bob Donelson's
comments regarding Disney, adding that to give subsidies to a company that was putting
hundreds of people out of work as foolish and embarrassing.
Steven Martinez noted corruption in politics and commented on the need for police accountability.
He referenced formation of a "brotherhood" among members of a team and opined it was
amplified within the Anaheim Police Department and that it as absurd for them to set their own
policies and discipline themselves. The proposed Board has no power, commented on the need
for checks and balances, and urged Council to table the item. He suggested officers involved in
critical incidents be mandated to receive mental health services after a traumatic incident.
Bryan Kaye referenced a report he submitted to Council and wondered how Council can sit by
and allow the police to turn off recorders during critical incidents. He reported Council has
received gifts from the Police union and commented on the families of recent victims addressing
Council. He presented markers to two officers who helped him during two arrests and felt they
saved his life. He added most police officers have no problems with recorders and that there is a
small group of people, including Council, who believe noncompliance is acceptable.
Pat Davis commented on the Police Review Board and expressed concerns the proposed Board,
as presented, will be unable to make findings about critical incidents or get input regarding
Anaheim Police Department policy. She urged Council not to move forward with the matter but
table it and continue to work in strengthening the role of the Board. Ms. Davis reported Triage
Day was a great show, but stressed help should be available every day in the form of permanent
housing with wrap-around services and distributed flyers about an upcoming event. She shared
that last night she worked with a group providing food at La Palma Park and reported seeing a
woman there who she has spoken with, previously, but not for a while. The woman has diabetes,
can barely walk and is dying. She spoke about a gentleman who was there for help and wore a
Disneyland Tram Driver's jacket.
Cynthia Ward wished everyone a Merry Christmas and thanked staff for putting together an
alternate location for this meeting. She commended the City and organizations participating in
Triage Day and those who coordinated the many media outlets in attendance. She spoke
positively about the work of Assistant City Manager Kristine Ridge and addressed misconceptions
about staff turnover by a blogger. She added outsiders fail to see that City staff is the best in the
business and can run Anaheim, even as it is temporarily short-handed. She believed the City's
leaders, residents, and its business community were creating a stronger vision for the future.
"The Cameraman" wished everyone Happy Holidays and referenced a letter by Former Police
Chief Raul Quezada which was a certificate to the Jelly of the Month Club and used many
negative adjectives in describing him.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Kring reported the "Shop with a Cop" event and requested the meeting be
adjourned in memory of Firefighter Cory Iverson.
Council Member Barnes requested the meeting be adjourned in memory of Cory Case, hit-and-
run victim.
Council Member Moreno offered thanks for the community triage day and to the community for
coming to meetings and engaging with government.
City Council Minutes of December 19, 2017
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Council Member Murray thanked staff and the community service providers for their efforts and
participation in the community triage day and reported over 50 people had received shelter, over
100 received additional support services, 33 pets received vaccines and veterinarian services,
and over 500 contacts were made.
Mayor Tait thanked Council Member Murray for her efforts with the triage day and requested the
meeting adjourn in memory of San Francisco Mayor Ed Lee.
CITY MANAGER'S UPDATE:
Interim City Manager Linda Andal, referencing Item No. 12, reported S&P completed its annual
review of the city's portfolio and raised the city's investment rating to AA+, which increased the
city's credit quality and strength. Mayor Tait added there were no significant changes on the
annual audit report and thanked Finance Manager/City Treasurer Debbie Moreno and staff for
their efforts.
At 7:39 P.M., Mayor Tait briefly recessed the Anaheim City Council, Anaheim Housing and Public
Improvements Authority, Anaheim Public Financing Authority, and Anaheim Housing Authority to
address the Successor Agency to the Redevelopment Agency agenda and reconvened the City
Council in joint session with the Anaheim Housing and Public Improvements Authority and
Anaheim Public Financing Authority at 7:40 P.M. to address Item No. 04.
ANAHEIM HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY/ ANAHEIM CITY
COUNCIL/ ANAHEIM HOUSING AUTHORITY
END OF CONSENT CALENDAR
B137.1 4. Consider a resolution of the Housing and Public Improvements Authority and a resolution
of the City Council, each separately, authorizing the issuance of Anaheim Housing and
Public Improvements Authority Sewer Revenue Bonds, Series 2018, in an aggregate
principal amount not to exceed $54,000,000, and a resolution of the Public Financing
Authority authorizing the execution and delivery of an Escrow Agreement related to Sewer
Revenue Bonds, Series 2007.
Housing and Public Improvements Authority Action:
4-A. RESOLUTION NO. AHPIA 2017-004 A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE ANAHEIM HOUSING AND PUBLIC IMPROVEMENTS
AUTHORITY authorizing the issuance of Anaheim Housing and Public
Improvements Authority Sewer Revenue Bonds, Series 2018, in an aggregate
principal amount of not to exceed $54,000,000, authorizing the execution and
delivery of an Indenture, an Installment Purchase Agreement and a Bond
Purchase Agreement, authorizing the distribution of a Preliminary Official
Statement and an Official Statement in connection therewith and authorizing other
matters related thereto.
City Council Action:
4-B. RESOLUTION NO. 2017-176 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM authorizing the execution and delivery of an
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Page 8 of 33
Installment Purchase Agreement, a Bond Purchase Agreement and a Continuing
Disclosure Agreement in connection with the issuance by the Anaheim Housing
and Public Improvements Authority of its Anaheim Housing and Public
Improvements Authority Sewer Revenue Bonds, Series 2018, approving the form
of an Indenture pursuant to which said bonds are to be issued, authorizing the
distribution of a Preliminary Official Statement and an Official Statement in
connection therewith and authorizing other matters related thereto.
Public Financing Authority Action:
4-C. RESOLUTION NO. APFA 2017-003 A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE ANAHEIM PUBLIC FINANCING AUTHORITY
authorizing the execution and delivery of an Escrow Agreement and authorizing
other matters related thereto (Sewer Revenue Bonds, Series 2007 to fund sewer
system improvements throughout the City).
Finance Director Debbie Moreno presented the item, reporting all three separate resolutions were
part of the proposed refunding of the 2007 Sewer Revenue Bonds. Currently, there were
approximately $40.5 million in outstanding bonds with an average interest rate of 4.72%. An
opportunity exists to refund the debt with the same maturity date of February 1, 2039 and save
approximately $5 million in future interest payments. In conjunction with the refunding, staff is
seeking approval to borrow an additional $15 million to complete more sewer system
improvements throughout the City. The funds will be repaid over a period of no more than 30
years. When combining the annual savings of the prior debt and the debt service requirement for
the new projects, the annual debt service would only increase by approximately $300,000 or
10%.
Housing and Public Improvements Authority Action:
MOTION: Housing and Public Improvements Authority Member Kring moved to adopt
RESOLUTION NO. AHPIA 2017-004 A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE ANAHEIM HOUSING AND PUBLIC IMPROVEMENTS AUTHORITY authorizing the
issuance of Anaheim Housing and Public Improvements Authority Sewer Revenue Bonds, Series
2018, in an aggregate principal amount of not to exceed $54,000,000, authorizing the execution
and delivery of an Indenture, an Installment Purchase Agreement and a Bond Purchase
Agreement, authorizing the distribution of a Preliminary Official Statement and an Official
Statement in connection therewith and authorizing other matters related thereto, seconded by
Housing and Public Improvements Authority Murray. ROLL CALL VOTE: AYES — 7: (Chairman
Tait and Authority Members: Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES —
0. Motion carried.
City Council Action:
MOTION: Council Member Kring moved to adopt RESOLUTION NO. 2017-176 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the execution
and delivery of an Installment Purchase Agreement, a Bond Purchase Agreement and a
Continuing Disclosure Agreement in connection with the issuance by the Anaheim Housing and
Public Improvements Authority of its Anaheim Housing and Public Improvements Authority Sewer
Revenue Bonds, Series 2018, approving the form of an Indenture pursuant to which said bonds
City Council Minutes of December 19, 2017
Page 9 of 33
are to be issued, authorizing the distribution of a Preliminary Official Statement and an Official
Statement in connection therewith and authorizing other matters related thereto, seconded by
Council Member Murray. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members:
Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
Public Financing Authority Action:
MOTION: Public Financing Authority Member Barnes moved to adopt RESOLUTION NO.
APFA 2017-003 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ANAHEIM PUBLIC FINANCING AUTHORITY authorizing the execution and delivery of an
Escrow Agreement and authorizing other matters related thereto (Sewer Revenue Bonds, Series
2007 to fund sewer system improvements throughout the City), seconded by Public Financing
Authority Member Kring. ROLL CALL VOTE: AYES — 7: (Chairman Tait and Authority Members:
Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
At 7:46 P.M., Mayor Tait adjourned the Anaheim Housing and Public Improvements Authority and
Public Financing Authority, briefly recessed the Anaheim City Council to address the Anaheim
Housing Authority agenda, and reconvened the Anaheim City Council meeting at 7:50 P.M.
CONSENT CALENDAR: At 7:50 P.M., the Consent Calendar was considered with Council
Member Faessel pulling Item No. 19, Council Member Moreno pulling Item Nos. 32 and 33,
Council Member Barnes pulling Item No. 38, Mayor Pro Tem Vanderbilt pulling Item Nos. 10 and
35, and Mayor Tait pulling Item No. 23 for separate discussion. Mayor Tait declared a potential
conflict on Item No. 26.
MOTION: Council Member Kring moved to waive reading in full of all ordinances and resolutions
and to adopt the balance of the Consent Calendar as presented, in accordance with reports,
certifications, and recommendations furnished each City Council Member and as listed on the
Consent Calendar, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7:
(Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel).
NOES — 0. ABSTAIN — 0. Motion carried.
CONSENT CALENDAR:
D116 9. Approve recognitions recognizing the retirement of OC Human Relations
Commission CEO Rusty Kennedy, Kristine Ridge's 24 years of service with the
City of Anaheim, the five-year anniversary of the folklorico group, Desafio, and
Katella High School Football Team for their CIF Championship.
D117 11. Approve the 2018 Investment Policy.
D117 12. Approve the Investment Portfolio Report for November 2017.
D180 13. Accept the lowest responsive bid from Abbot Industrial Supplies Intl., Inc., in the
amount of $58,622.50 plus applicable tax, to provide as needed trash can liners
for the Anaheim Convention Center for a one-year period with up to four one-
City Council Minutes of December 19, 2017
Page 10 of 33
year optional renewals and authorize the Purchasing Agent to exercise renewal
options in accordance with Bid #9036.
D180 14. Accept the bid of Danny Letner Inc., DBA Letner Roofing Company, in the
amount of $367,900 plus a 15% contingency, for roof repairs at City Hall and
authorize the Purchasing Agent to execute a Purchase Order in accordance with
Bid #9040.
D180 15. Accept the bid of Graycon Inc., in the amount of $567,494 plus a 15%
contingency, to remove and replace a chiller system serving the large Exhibit
Hall A at the Anaheim Convention Center and authorize the Purchasing Agent to
issue a Purchase Order in accordance with Bid #9032.
D180 16. Waive the sealed bid requirement of Council Policy 4.0 and authorize the
Purchasing Agent to issue a new master agreement to Aramark Services Inc., in
the estimated amount not to exceed $46,000, for the furnishing of meals at the
Anaheim Police Department detention facility for the one-year period from
January 1, 2018 through December 31, 2018.
D180 17. Waive the sealed bid requirement of Council Policy 4.0 and approve an
agreement with BrightView Landscape Services, Inc., in the amount of $518,500,
for citywide outdoor maintenance services including weed abatement, debris and
litter removal, alley clearing, and bus shelter cleaning for a one-year period and
authorize the Purchasing Agent to issue the master agreement.
18. Waive the sealed bid requirement of Council Policy 4.0, and authorize the
D180 Purchasing Agent to issue purchase orders to KONE Inc., in the aggregate
amount of $386,290 plus a 10% contingency to cover any increase in labor rates
that will become effective January 1, 2018, for repairs to six elevators, thirteen
escalators, and upgrades to the original freight elevator at the Anaheim
Convention Center under the terms of the cooperative U.S. Communities,
Contract #GENRL-20144654-00, which was issued by the City of Denver.
AGR- 20. Determine, based on the evidence submitted by Kaiser Foundation Hospitals,
4957 that the property owner has complied in good faith with the terms and conditions
of Development Agreement No. 2007-00003 for the 2016-2017 review period for
the Kaiser Hospital Campus Project located at 3400-3450 East La Palma
Avenue and 959-1001 North Grove Street.
21. Approve an agreement with Paul Maurer, dba Paul Maurer Shows, for the Cinco
AGR- de Mayo Fiesta carnival operations at La Palma Park from May 3-6, 2018 and
4525.0 authorize the City Manager to execute and extend the agreement upon the same
terms and conditions for four additional one-year terms upon expiration of the
original term.
City Council Minutes of December 19, 2017
Page 11 of 33
AGR-
22. Approve a Supplemental Agreement to the Wireline Crossing Agreement dated
10336.0.1
December 2, 2016 with Union Pacific Railroad Company for a new power line
crossing underneath the railroad tracks on Katella Avenue, west of Lewis Street,
with a one-time license fee, in the amount of $4,800, and authorize the Public
Utilities General Manager to execute the Supplemental Agreement and related
documents and take the necessary actions to implement the Agreement, as
amended by the Supplement.
AGR-
24. Approve the Agreement for Acquisition of Real Property with McElroy Holdings,
10893
LLC, in the acquisition payment amount of $15,000, for property located at 1300
East Gene Autry Way for a portion of right of way for a Street and Public Utility
Easement and a Temporary Construction Easement for the Gene Autry Way and
State College Boulevard Improvement Project (R/W ACQ2017-00908).
10894
25. Approve and authorize the Director of Public Works to execute agreements with
AGR-
BOA Architecture, Creative Design Associates, IDS Group, Inc., NAC
10895
AGR -
Architecture, and Robert Borders & Associates, in an amount not to exceed
10896
$1,000,000 per contract year with a maximum limit of $400,000 per work order,
AGR-
to perform on-call consulting for Public Works Fleet and Facility Services at
10897
AGR-
various cit owned facilities for a two year term with u to two two-year
y y p y
10898
extensions.
AGR-
26. Approve and authorize the Interim City Manager to execute a Site License
10899
Agreement for Telecommunications Facilities Mounted on City Facilities, in
substantial form, with Los Angeles SMSA Limited Partnership dba Verizon
Wireless (Verizon) which authorizes Verizon to install 41 distributed antenna
system antennas in the Anaheim Convention Center Expansion project to
provide cellular service coverage; pay to the City a monthly fee, in the amount of
$3,485, with an initial term of ten years with up to two automatic successive five
year renewals; and pay to the City a one-time fee, in the amount of $196,295.75,
for reimbursement of Verizon's apportioned share of the furnishings and
installation of all infrastructure costs for cellular providers as noted in the City of
Anaheim Department of Public Works Anaheim Convention Center Betterment
VII Project Change Order B; authorize the Executive Director of the Convention,
Sports & Entertainment Department to execute any other related documents,
and take the necessary actions to implement and administer the Agreement; and
authorize de minimis changes that do not substantially change the terms and
conditions of the agreement, as determined by the City Attorney's Office.
Due to a potential conflict of interest, Mayor Tait abstained on Item No. 26. ROLL CALL VOTE:
AYES — 6: (Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and
Faessel) NOES — 0. ABSTENTION — 1: (Mayor Tait). Motion Carried.
Pilo 27• RESOLUTION NO. 2017-177 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM vacating a public utility easement pursuant to
California Streets and Highway Code Section 8330, et seq. - Summary Vacation
(ABA2013-00271; 8290 East Crystal Drive).
City Council Minutes of December 19, 2017
Page 12 of 33
Pilo 28. RESOLUTION NO. 2017-178 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM vacating a portion of an emergency access
easement located at 1541 - 1551 E. Wright Circle, pursuant to California Streets
and Highway Code Section 8330, et seq. - Summary Vacation (Abandonment
No. ABA2017-00367).
P124
29. RESOLUTION NO. 2017-179 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
Anaheim certain real properties or interests therein (City Deed No. 12171) (8150
E. Santa Ana Canyon Road; public right-of-way purposes).
P124 30. RESOLUTION NO. 2017-180 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
Anaheim certain real properties or interests therein (City Deed Nos. 12172 and
12173) (Gene Autry Way and State College Boulevard Improvement Project and
future city rights-of-way purposes).
R100 31. RESOLUTION NO. 2017-181 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM certifying that Anaheim has the resources to fund
the projects submitted for inclusion in the FY 2018/19 - FY 2023/24
Transportation Improvement Program and affirming its commitment to implement
all of the projects submitted in the program.
R100 34. RESOLUTION NO. 2017-184 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM authorizing the destruction of certain City records
more than two years old (Community and Economic Development).
D128 36. RESOLUTION NO. 2017-186 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM adopting certain fees in connection with processing
Business License Applications under Title 3 of the Anaheim Municipal Code.
0280 37. ORDINANCE NO. 6424 (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. 2017-00307; DEV2017-
00048) (645 South Magnolia Avenue; rezoning from T Transition zone to RS -3
Single -Family Residential zone) (Introduced at Council meeting of December 5,
2017, Item No. 21).
39. ORDINANCE NO. 6426 (ADOPTION) AN UNCODIFIED ORDINANCE OF
T05 THE CITY OF ANAHEIM levying special taxes within certain territory annexed to
City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle)
(Introduced at Council meeting of December 5, 2017, Public hearing Item No.
30).
D114 40. Approve minutes of the City Council meeting of April 4, 2017.
City Council Minutes of December 19, 2017
Page 13 of 33
END OF CONSENT CALENDAR:
D116
10. Police Review Board Informational Item.
Mayor Pro Tem Vanderbilt acknowledged comments received on this item and requested a brief
report highlighting the changes made.
Deputy City Manager Greg Garcia reported that in response to comments received, staff made
clarifying changes to the scope and responsibilities of the Police Review Board noting the
minimum age for applicants is 18 years or older, staff will do its best to give access to information
that is legally obtainable by the board, and with regard to the annual report (findings), the Board
will be able to make and present to the City Manager and Council relative to the information they
are reviewing. Other than those, no other substantial changes were made to what was previously
presented to Council.
DISCUSSION: In response to Mayor Pro Tem Vanderbilt's inquiry, Mr. Garcia reported the City
Manager was committed to receiving feedback, questions, and having dialogue with the
community and Council, going forward. He reported this was a City Manager proposed structure
and Board, and staff would like to move forward while continuing to incorporate changes, adding
the need to get something in place. He confirmed the application process will be by lottery, by
district.
Mayor Tait referenced comments and noted interest regarding the Board's ability to make a
determination or finding on critical incidents in terms of whether a policy was broken or not. In
terms of unfettered access to information, he reported there was specific information that, by law,
was not publically appropriate/available. Mayor Tait addressed the importance of the Board
having access to all, legally accessible information.
Mr. Garcia reported this was a hybrid -model with the Review Board and an auditor; the auditor
has unfettered access to all information and will share his report with the Board.
In response to Council Member Kring's question, Mr. Garcia reported members of the board must
be residents of Anaheim. Council Member Kring would like to add a requirement that members
must be citizens as well.
Interim City Manager Linda Andal reported this was an informational item and she will take the
suggestions under consideration.
Mayor Tait noted there was a large section of the Anaheim population that are not citizens but are
legal residents. He stated the Board should reflect the population and questioned whether
citizenship should be a requirement.
Mayor Pro Tem Vanderbilt noted the timetable for the reports was on an annual basis and
suggested the first report be made within six months instead.
Council Member Murray indicated the report states people with felony convictions do not qualify
to be on the Board and, in response to her question as to whether it is only for felony infractions,
Mr. Garcia reported that was specified in the pilot program and staff recommended continuing
that practice. Council Member Murray suggested that misdemeanor offenses be considered as a
disqualifier as well. Mayor Tait expressed concerns regarding a pure lottery system and
suggested the Interim City Manager exercise discretion in identifying serious and not -so -serious
misdemeanors.
City Council Minutes of December 19, 2017
Page 14 of 33
Council Member Faessel referenced public comments asking to table this item and felt it was
incumbent upon Council to get this project up and running as quickly as possible. Should there
be opportunities to make changes, as the project moves along, the Interim City Manager could
avail herself of the opportunities. He stated he would not support tabling the item. Mayor Tait
agreed adding it was important to move forward.
Council Member Moreno felt the City should make every effort to be as inclusive as possible,
opening membership to every resident who pays taxes. If people are taxed, they should have an
opportunity to serve in the government that impacts them. He suggested Interim City Manager
Andal consider bringing back a report to Council after three or six months, asking the body about
how they feel the Board is working or whether there are things that need to be improved. He
added it would be helpful to receive a report in six months, when the budget is considered, to
determine whether there are any needs or resources the body may need to complete its work.
He asked if the Board would have access to investigative reports and videos. Ms. Andal
responded affirmatively, adding it would within the confines of the law and the MOU with the
Police Association. He asked what the Board would be able to say, after review of the
information. Ms. Andal reported the Board will be able to make statements and staff will continue
to work with the Board to ensure statements do not violate the law. In terms of the statement
made, he asked if it would include a determination of whether the incident or action was within
department policy and Ms. Andal stated staff will work with the Board and noted the scope
outlines the Board will look at policies as well. Their report will serve communicate to the
community and Council regarding policies. Council Member Moreno felt the Board will be helpful
for the community and the Police Department and suggested consideration include what would
happen if things were left to chance, in terms of the composition of the Board. He suggested
increasing the membership from 7 to 9 or 11, allowing the Interim City Manager to make
appointments to create a balance within the Board.
Council Member Kring stated the Board will pick a Chair and that person would be the
spokesperson for the group. She commented on most members not having knowledge or
experience in law enforcement and asked if they would be allowed to publish a report of their
findings if they disagree with the findings of the Anaheim Police Department or the Orange
County District Attorney's Office. Mr. Garcia reported the reports from the Board will be sent to
the Interim City Manager and Council and their findings will be based upon the review of
information presented to them. Council Member Kring stated there were groups in existence that
review whether police policies have been violated. She expressed concerns regarding the Board
determining whether a policy has been broken.
In response to Council Member Moreno's question as to when the Board will be seated, Mr.
Garcia reported staff is planning to generate an operational plan and an application. It is hoped
that will be accomplished towards the end of January and that the Board is seated in the Spring.
He added it will take 12 to 18 months for training, but noted the need to seat the Board and have
them begin their work before training is completed. Once they are selected and seated, staff will
give them as much training as possible, understanding that training will continue throughout the
year.
This was an informational item; no action was taken.
City Council Minutes of December 19, 2017
Page 15 of 33
A123 19. Waive Council Policy 4.1 and approve and authorize the Fire Chief to execute
and take the necessary actions to implement an agreement with AP Triton, LLC,
in an amount not to exceed $140,000, for the development of an ambulance
subcontracting feasibility study and to implement an ambulance subcontract
request for proposals.
Fire & Rescue Chief Randy Bruegman reported the item is an agreement with AP Triton, LLC for
the development of an ambulance subcontracting feasibility study and to implement an
ambulance subcontract Request for Proposals (RFP) process. He reported the City of Anaheim
has contracted CARE Ambulance Services, Inc. for emergency medical transportation since
September 22, 1998 and on November 19, 2013, a five year contract extension to the contract
was presented to the City Council. Due to regulatory changes and recent legal actions by private
ambulance companies, he believed it would be prudent to enlist expertise to assist with
development of an RFP. He addressed phases of the scope of work, including assessing the
value of the City's ambulance service area, development of the RFP process, and the
development of an RFP for a billing contractor. Chief Bruegman reported Triton has expertise in
increasing revenues to cities and local government. He noted local control is a significant issue
and it should be Council's choice as to who will transport residents.
Mayor Pro Tem Vanderbilt temporarily left the dais at 8:30 P.M.
DISCUSSION: In response to Council Member Faessel inquiry of why AP Triton was selected,
Chief Bruegman reported Triton brings the best level of expertise in emergency medical services.
He further stated that AP Triton are retired chief officers that have a significant amount of
experience, not only in the development but also in the management of systems similar to
Anaheim.
Mayor Tait noted the need to ensure consultants are independent and asked to continue the item
to City Council's next meeting to allow him to meet off-line with the Chief and respond to
questions.
Council Member Barnes wondered about sole source and what was available out there in terms
of resources and agreed with the need to continue the item to address those issues.
MOTION: Mayor Tait moved to continue this item to the next City Council meeting of January 9,
2018, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 6: (Mayor Tait and
Council Members Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. ABSENT — 1:
(Mayor Pro Tem Vanderbilt). Motion carried. Item continued to January 9, 2018.
Mayor Pro Tem Vanderbilt returned to the dais at 8:38 P.M.
AGR -10883
23. Determine that the design and construction of shade structures with solar energy
AGR -10884
systems (Project) is categorically exempt from the California Environmental
AGR -10885
AGR -10886
Quality Act pursuant to Sections 15303(e), 15304, and 15311 of Title 14 of the
AGR -10887
AGR -10888
California Code of Regulations; determine the proposal submitted by REC Solar
AGR -10889
Commercial Corporation is the most advantageous to the City for completion of
AGR -10890
AGR -10891
the Project; award to REC Solar Commercial Corporation a Design -Build
AGR -10892
Agreement, in the amount of $6,122,344, to design and construct the Project and
waive any irregularities in any of the proposal documents; approve the
agreement, in substantial final form, and authorize the Public Works Director, or
designee, to execute other related documents and take the necessary actions to
implement and administer the agreement; authorize the Finance Director to
City Council Minutes of December 19, 2017
Page 16 of 33
execute the Escrow Agreement pertaining to contract retentions in accordance
with Public Contract Code Section 22300; approve and authorize the Interim City
Manager to execute nine solar host site License Agreements, in substantial form,
with Anaheim Elementary School District, Centralia School District, Magnolia
School District, Placentia-Yorba Linda Unified School District and Savanna
School District to allow the City to construct and maintain the project on School
District properties, including annual cumulative license payments of $110,801
per year subject to increases for additional capacity and rate adjustments; and
authorize the Public Utilities General Manager to execute any other related
documents, and take the necessary actions to implement and administer the
License Agreements.
Public Utilities General Manager Dukku Lee introduced Graham Bowen, Assistant General
Manager of the City's power supply system, and presented details of the report. He reported the
item before Council is the approval of a proposed Design -Build Agreement and License
Agreement to facility the construction of solar shade structures at local schools. As background,
Mr. Lee reported that in the early 2000s, the Utilities Department partnered with schools to
introduce solar technology through educational programs, such as providing solar kits to
educators and students or the installation of solar flags. A rebate program was also developed
that resulted in rooftop and shade structures at local schools. The rebate program provided for
80% of the cost of solar structures with up to $180,000 per project or a $20,000 grant for the solar
flags. Altogether, 17 systems were installed with a total of $780,000 of funding provided by the
Utilities Department. Mr. Lee noted that solar maintenance was an issue at the public schools
and participation was inconsistent, with most of the funding going to private schools. As result,
staff developed a successor program, Solar for Schools Pilot, which was not a rebate program
but rather an investment in solar generation, much like other power generation resources. The
solar energy will go directly to the local grid to benefit all utility customers. The maintenance will
be the responsibility of the utility since utility structures would be sited on school property. The
schools would be compensated with a license payment based on the capacity of the solar at each
campus. Teachers and students would have access to the data at each of the shade structures,
which could be incorporated into their STEM curricula. Earlier this year, all seven school were
invited to participate in a meeting to introduce the pilot program and solicited feedback. Five of
the school agreed to participate by entering into a License Agreement with the remaining two
districts, Orange and Anaheim Unified, have stated they have other priorities at this time but did
show interest and provided schools to evaluate to participate in the future. If Council approves
the item, design and procurement will take place during the first part of year with construction
during the summer to avoid conflict with school activities. The proposed program is a pilot and if
it works, staff will bring forward recommendations for future rounds. Staff recommends approval
of the design -build agreement and the approval of the nine (9) license agreements with the
participating schools.
DISCUSSION: Council Member Faessel reported attending the Public Utilities Board meeting
where this item was presented, and it was received with hearty endorsements.
Council Member Murray thanked staff for making this program possible, noting it helps kids to
relate to science in a tangible way. She reported it will help schools generate a revenue stream
and commented positively on the program.
MOTION: Council Member Faessel moved to determine that the design and construction of
shade structures with solar energy systems (Project) is categorically exempt from the California
Environmental Quality Act pursuant to Sections 15303(e), 15304, and 15311 of Title 14 of the
California Code of Regulations; determine the proposal submitted by REC Solar Commercial
City Council Minutes of December 19, 2017
Page 17 of 33
Corporation is the most advantageous to the City for completion of the Project; award to REC
Solar Commercial Corporation a Design -Build Agreement, in the amount of $6,122,344, to design
and construct the Project and waive any irregularities in any of the proposal documents; approve
the agreement, in substantial final form, and authorize the Public Works Director, or designee, to
execute other related documents and take the necessary actions to implement and administer the
agreement; authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions in accordance with Public Contract Code Section 22300; approve and
authorize the Interim City Manager to execute nine solar host site License Agreements, in
substantial form, with Anaheim Elementary School District, Centralia School District, Magnolia
School District, Placentia-Yorba Linda Unified School District and Savanna School District to
allow the City to construct and maintain the project on School District properties, including annual
cumulative license payments of $110,801 per year subject to increases for additional capacity
and rate adjustments; and authorize the Public Utilities General Manager to execute any other
related documents, and take the necessary actions to implement and administer the License
Agreements, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7: (Mayor Tait
and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0.
Motion carried.
32. RESOLUTION NO. 2017-182 A RESOLUTION OF THE CITY COUNCIL
R100 OF THE CITY OF ANAHEIM authorizing the Public Works Director or his
designee to submit a grant application on behalf of the City of Anaheim to the
Orange County Transportation Authority for funding under the M2 Regional
Traffic Signal Synchronization Program for Katella Avenue Project, and if
awarded, authorizing the acceptance of such grant funds on behalf of the City
and amending the budget accordingly, and determine the action is exempt from
the California Environmental Quality Act (CEQA) pursuant to Regulation No.
15301(b) Class 1.
DISCUSSION: Council Member Moreno thanked staff for bringing the item forward and asked if
the City was committed to anything if it accepted the money. Public Works Director Rudy Emami
reported a resolution was required, as part of a grant application, committing the City to the
project. If awarded, it would commit the funding, a match requirement of 10%. It is a signal
synchronization project to improve timing, efficiency, and flow through the Katella Avenue
corridor, coordinated between several cities through the County and led by OCTA.
Prior to presenting Item No. 46, Public Works Director Rudy Emami made a correction to a
statement he made earlier regarding Items No. 32 and 33, noting the match requirement on the
grant is 20%.
MOTION: Council Member Moreno moved to adopt RESOLUTION NO. 2017-182 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public
Works Director or his designee to submit a grant application on behalf of the City of Anaheim to
the Orange County Transportation Authority for funding under the M2 Regional Traffic Signal
Synchronization Program for Katella Avenue Project, and if awarded, authorizing the acceptance
of such grant funds on behalf of the City and amending the budget accordingly, and determine
the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Regulation No. 15301(b) Class 1, 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.
City Council Minutes of December 19, 2017
Page 18 of 33
R100 33. RESOLUTION NO. 2017-183 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM authorizing the Public Works Director or his
designee to submit a grant application on behalf of the City of Anaheim to the
Orange County Transportation Authority for funding under the M2 Regional
Traffic Signal Synchronization Program for Orangethorpe Avenue/Esperanza
Road Project, and if awarded, authorizing the acceptance of such grant funds on
behalf of the City and amending the budget accordingly, and determine the
action is exempt from the California Environmental Quality Act (CEQA) pursuant
to Regulation No. 15301(b) Class 1.
DISCUSSION: Public Works Director Rudy Emami addressed this item with the previous item,
noting this project is a signal synchronization project to improve timing, efficiency, and flow
through the Orangethorpe Avenue corridor, led by the City of Fullerton.
Prior to presenting Item No. 46, Public Works Director Rudy Emami made a correction to a
statement he made earlier regarding Items No. 32 and 33, noting the match requirement on the
grant is 20%.
MOTION: Council Member Moreno moved to adopt RESOLUTION NO. 2017-183 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public
Works Director or his designee to submit a grant application on behalf of the City of Anaheim to
the Orange County Transportation Authority for funding under the M2 Regional Traffic Signal
Synchronization Program for Orangethorpe Avenue/Esperanza Road Project, and if awarded,
authorizing the acceptance of such grant funds on behalf of the City and amending the budget
accordingly, and determine the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Regulation No. 15301(b) Class 1, 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.
D159 35. RESOLUTION NO. 2017-185 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM approving a fast tracked and no -cost plan review
program; waiving Public Works, Building, Planning and Fire plan check fees
applicable to the repair or reconstruction of structures damaged as a result of the
Canyon Fire 2; and waiving the Specimen Tree Removal Permit Fee for trees
within the burn area and damaged by the Canyon Fire 2.
DISCUSSION: Mayor Pro Tem Vanderbilt felt it important to be very responsive to the people
most directly impacted and referenced an article in the Los Angeles Times where the idea of a
natural disaster destroys homes and a city rushes to rebuild in the same location. He wondered if
that doesn't set up for another similar disaster occurring in the same location in the future. He
asked if there was contemplation by staff regarding the dangers/risks in fast -tracking the
rebuilding of homes in areas where there have been disasters. Planning and Building Director
David Belmer reported, in this program, staff will be interacting directly with 31 victims whose
homes were destroyed, and staff has suggested safety measures that could be implemented
before the homes were constructed. In addition, discussions have taken place with the Fire Chief
about broadening those conversations and encouraging suggestions with owners of homes that
were not affected, to voluntarily consider.
City Council Minutes of December 19, 2017
Page 19 of 33
Mayor Tait commented on avoiding getting in the way of people rebuilding and expressed
appreciation to staff for their efforts in streamlining the process and reducing fees to make the
process less burdensome.
MOTION: Mayor Tait moved to adopt RESOLUTION NO. 2017-185 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a fast tracked and no -cost plan
review program; waiving Public Works, Building, Planning and Fire plan check fees applicable to
the repair or reconstruction of structures damaged as a result of the Canyon Fire 2; and waiving
the Specimen Tree Removal Permit Fee for trees within the burn area and damaged by the
Canyon Fire 2, seconded by Mayor Pro Tem Vanderbilt. ROLL CALL VOTE: AYES - 7: (Mayor
Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES - 0.
Motion carried.
38. ORDINANCE NO. 6425 (ADOPTION) AN ORDINANCE OF THE CITY OF
C2s0
C420 ANAHEIM amending Chapters 18.04 (Single -Family Residential Zones); 18.06
(Multiple -Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial
Zones); 18.16 (Regulatory Permits); 18.20 (Platinum Triangle Mixed Use
(PTMU) Overlay Zone); 18.24 (South Anaheim Boulevard Corridor (SABC)
Overlay Zone); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations);
18.42 (Parking and Loading); 18.44 (Signs); 18.46 (Landscaping and Screening);
18.62 (Administrative Reviews); 18.92 (Definitions); 18.114 (Disneyland Resort
Specific Plan No. 92-1 (SP 92-1)); and 18.120 (Anaheim Canyon Specific Plan
No. 2015-1 (SP 2015-1)) of Title 18 (Zoning) of the Anaheim Municipal Code and
finding and determining that this ordinance is exempt from the requirements to
prepare additional environmental documentation per California Environmental
Quality Act (CEQA) Guidelines, Section 15060(c)(2) because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment
(Zoning Code Amendment No. 2017-00141; Adjustment No. 11 to the
Disneyland Resort Specific Plan (SPN92-1 Q); Adjustment No. 4 to the Anaheim
Canyon Specific Plan (SPN2015-00001 D); DEV2017-00097) (Introduced at
Council meeting of December 5, 2017, Item No. 22).
Council Member Barnes declared a potential conflict, noting her husband works for ABC, which is
a Disney entity, and left the dais at 8:50 P.M.
MOTION: Council Member Kring moved to adopt ORDINANCE NO. 6425 (ADOPTION)
AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapters 18.04 (Single -Family
Residential Zones); 18.06 (Multiple -Family Residential Zones); 18.08 (Commercial Zones); 18.10
(Industrial Zones); 18.16 (Regulatory Permits); 18.20 (Platinum Triangle Mixed Use (PTMU)
Overlay Zone); 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone); 18.36 (Types
of Uses); 18.38 (Supplemental Use Regulations); 18.42 (Parking and Loading); 18.44 (Signs);
18.46 (Landscaping and Screening); 18.62 (Administrative Reviews); 18.92 (Definitions); 18.114
(Disneyland Resort Specific Plan No. 92-1 (SP 92-1)); and 18.120 (Anaheim Canyon Specific
Plan No. 2015-1 (SP 2015-1)) of Title 18 (Zoning) of the Anaheim Municipal Code and finding and
determining that this ordinance is exempt from the requirements to prepare additional
environmental documentation per California Environmental Quality Act (CEQA) Guidelines,
Section 15060(c)(2) because it will not result in a direct or reasonably foreseeable indirect
physical change in the environment (Zoning Code Amendment No. 2017-00141; Adjustment No.
11 to the Disneyland Resort Specific Plan (SPN92-1 Q); Adjustment No. 4 to the Anaheim Canyon
Specific Plan (SPN2015-00001 D); DEV2017-00097), seconded by Council Member Faessel.
City Council Minutes of December 19, 2017
Page 20 of 33
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 dais at 8:52 P.M.
8105 41. Appoint or reappoint representatives to serve on the Anaheim Union High School
District Foundation, for a one-year term ending December 31, 2018 (currently
held by Mayor Tait and Mayor Pro Tem Vanderbilt).
APPOINTMENT:
APPOINTMENT:
DISCUSSION: Mayor Pro Tem Vanderbilt indicated he would like to have additional
conversations with the City Attorney's Office regarding this matter.
MOTION: Mayor Tait moved to continue this item to the City Council meeting of January 9, 2018,
seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council
Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
D114 42. Nominate and appoint one Council Member to serve as Mayor Pro Tem for the
2018 calendar year (continued from Council meeting of December 5, 2017, Item
No. 24).
MOTION: Mayor Tait nominated Council Member Moreno as the Mayor Pro Tem for the 2018
calendar year, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 3: (Mayor
Tait and Council Members Barnes, and Moreno). NOES — 0. ABSTAIN — 4: (Mayor Pro Tem
Vanderbilt and Council Members Murray, Kring, and Faessel). Motion failed.
MOTION: Council Member Kring nominated Mayor Pro Tem Vanderbilt as the Mayor Pro Tem
for the 2018 calendar year, seconded by Council Member Faessel. No vote was taken.
MOTION: Mayor Pro Tem Vanderbilt moved to continue this item to the City Council meeting of
January 9, 2018, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 6: (Mayor
Tait and Council Members Vanderbilt, Murray, Barnes, Kring, and Faessel). NOES — 0.
ABSTAIN — 1: (Council Member Moreno). Motion carried. Item continued to January 9, 2018.
D114 43. RESOLUTION NO. 2017-187 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM establishing City Council Policy 1.10 regarding the
City's policy on recognitions and City proclamations.
Deputy City Manager Greg Garcia presented a brief report noting staff is seeking to provide
guidelines for honoring residents and commemorating community milestones and important
observances. The policy also addresses procedures on how proclamation certificate requests
are processed, while also defining the types of events and activities that are not eligible. The
criteria contained in the draft policy require that proclamations or certificates of recognition must
relate specifically to an interest of the residents of the City of Anaheim and have a nexus to
City Council Minutes of December 19, 2017
Page 21 of 33
events, observances, or achievements occurring within the City of Anaheim. These may be
adopted to recognize the achievements of individuals or groups with an Anaheim connection or to
support or recognize the philanthropic works of those local individuals or groups The proposed
policy also outlines situations that are not eligible for council recognition, including matters of
political controversy; ideological or religious beliefs; political campaigns of any kind; events or
organizations with no direct relationship to the City of Anaheim; events contrary to City policies or
any applicable law or regulation; campaigns intended for profit-making purposes; attempts to
influence government policy; and certain holidays that do not require independent recognition,
such as Independence Day and Thanksgiving. He further reported that for the past four years,
City Council has adopted a list of recurring annual recognitions, in order to streamline that
process. The current recognition list now includes over 100 different recognitions that are pre -
approved by Council each December. Based on experience with the process over the past few
years, staff explored options to further streamline the process and avoid spending staff time on
proclamations that may never be requested by community members and are oftentimes not
collected by any local Anaheim organization. To that end, this year, staff is proposing to eliminate
the pre -approval list of recurring recognitions and revert back to a process that is driven by
specific requests from the City Council or the community throughout the year. Additionally, city
staff will also be able to initiate other important recognitions that historically occur, such as the
Holiday Light winners.
DISCUSSION: Council Member Moreno commented on Policy 1.10 in terms not issuing
proclamations or certificates for "matters of political controversy, ideological or religious beliefs, or
individual convictions" and questioned who will decide what is politically controversial, ideological
or religious beliefs, or individual convictions. He suggested striking that language from the policy
as is could be a slippery slope in terms of the First Amendment.
MOTION: Mayor Tait moved to adopt RESOLUTION NO. 2017-187 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing City Council Policy 1.10 regarding
the City's policy on recognitions and City proclamations, as amended, to remove the following
language under the criteria in which proclamations or certificates will not be issued for: "Matters
of political controversy, ideological or religious beliefs, or individual convictions", 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.
D112 44. Discuss and consider directing staff to send a letter to the American Civil
Liberties Union (ACLU), asking the ACLU to i) retract its report entitled "Anaheim
Police Department Use of Force Report 2017" because of inaccuracies
contained therein, and ii) issue an apology for those inaccuracies.
Acting City Attorney Kristin Pelletier reported this item was requested by Council Member Murray
following the publication of an ACLU report entitled, "Anaheim Police Department Use of Force
Report 2017", that identified Anaheim as the ninth deadliest police department in the country.
Following the release of that report, the ACLU sent an email to Council, defending their
methodology and some of the conclusions in the report but indicating the report incorrectly stated
Anaheim Police Officers shot two individuals when they had not. At the last Council meeting,
Acting Police Chief Julian Harvey briefly addressed some of the other inaccuracies in the report
and noted properly characterizing some of the incidents would have a significant affect on the
statistics presented in the report. Subsequently, Council Member Murray requested the item to
be agendized for Council to consider directing staff to send a letter to ACLU, asking the ACLU to
retract its report entitled "Anaheim Police Department Use of Force Report 2017" because of
inaccuracies contained therein, and issue an apology for those inaccuracies.
City Council Minutes of December 19, 2017
Page 22 of 33
DISCUSSION: Mayor Tait stated the ACLU was concerned regarding the number of officer -
involved shootings in the City. He noted concerns regarding avoiding putting officers in harm's
way and felt a balance was best achieved by people working together.
Council Member Murray stated she would prefer that the ACLU work with the City and be
collaborative in their efforts to engage in the City's public policy discussions. The ACLU report
was released broadly to the media, mischaracterizing incidents in the City to establish facts that
have been proven false, but advanced as facts to the general public. She stated the ACLU has
admitted that, privately, but has failed to do so publicly. There was no basis to list Anaheim as
the ninth deadliest police department in the country. She believed there was an obligation to the
officers named to correct the record, publicly, as these are individuals who put their lives on the
line, daily, to protect the residents of Anaheim, and she believed mistakes should be owned,
acknowledged, and publicly corrected. She added this should not be swept under the rug to try to
get along with people. The City as doing everything it can to increase oversight with the
engagement of the Police Department and the community. She urged Council to help set the
record, straight, shared a Twitter posting by Ms. Rojas, and alleged Ms. Rojas will not let up in
attempting to smear the Anaheim Police Department.
Council Member Moreno stated he was hesitant because there have been statements from the
dais the public has questioned as truthful. He added the public can determine what is truthful
based on evidence and information and encouraged the public to fully read the report and
determine what is truthful. He reported he would support asking the ACLU to publicly distribute
the letter they sent to Council because they accounted for the errors and, in so doing, they
accounted how those errors do not substantially alter the conclusions of the report. He believed
giving Acting Chief Harvey the opportunity to publicly correct important inaccuracies was giving
due respect to the Anaheim Police Department and allowed them to present their perspective.
He expressed concern with setting precedence and felt trying to create added conflict did not
behoove the partnerships the City needs. He added, prior to being on Council, he worked with
the ACLU and the City collaboratively with former and current Police Chiefs looking at policies
that impact the City.
Council Member Murray stated the ACLU letter had additional inaccuracies and she would not
like the letter posted on their website. They listed an officer who they did not include in their
figures, who was the victim of an attempted carjacking while he was off duty with his wife and
children. He was beaten and his weapon was attempted to be taken after he had acknowledged
he was a Police Officer. That shooting affected his life by destroying his marriage and, ultimately,
he took his own life. She asked the public to read the report and noted there was no data, no
justification, no methodology, that substantiates ranking Anaheim as the ninth deadliest. The only
source of information for the report is a website, "Mapping Police Violence" and they list the City
as 41St for that time. She believed the City should stand firm and defend its Police Department.
Mayor Pro Tem Vanderbilt referenced an article in the Orange County Register after the report
was published that indicated the Anaheim Police Department and the ACLU would work together
to clarify facts and asked for an update.
Acting Police Chief Julian Harvey reported meeting with the ACLU and bringing up the
inconsistencies in the report. He stated the correction was not accurate and he asked for the
data source for some of the inaccuracies. There has been dialogue and Ms. Rojas has listened
to the facts presented to dispel the inaccuracies but the latest letter from them was still not
accurate. He agreed it should not be made public.
In response to Mayor Tait's question, Chief Harvey noted when discussing a topic of the import of
the use of deadly force it was essential that the facts be 100% accurate. When names were
City Council Minutes of December 19, 2017
Page 23 of 33
included in connection with the use of deadly force and the facts are not true, there was a need
for the record to be corrected. Mayor Tait expressed concern with the government asking for an
apology from anyone, but in terms of the individual officers named, an apology was appropriate.
Acting Chief Harvey stated he was not advocating for an apology, but rather a presentation of
accurate information.
Council Member Moreno suggested asking Acting Chief Harvey to write a letter to the ACLU
requesting corrections and that the Interim City Manager have a conversation with the ACLU and
report back to Council.
Mayor Tait commented on the benefits of talking things through and coming to a resolution. If
that does not work, then lawyers could get involved. He felt the best course would be for Acting
Chief Harvey to meet with the ACLU and come to an acceptable resolution.
Council Member Murray reported the ACLU representative has known about this for two weeks,
was not responding to requests to provide additional data, and has spread additional false
allegations on Twitter. She added there was no effort to work with the Police Department in
advance of the report being released broadly. The ACLU has fabricated information that has
been purposely released to mislead the public. She appreciated Acting Chief Harvey was not
seeking an apology, but she indicated she was seeking an apology to the Police Department and
the individual officers who were named. By them correcting the record and issuing an apology, it
will be an attempt to heal the relationship with the City and move forward. She further asked that
Ms. Rojas stop additional attempts to smear the Police Department on Twitter or other social
media.
Council Member Kring agreed with Council Member Murray's comments, referenced the ACLU
report, and reported it affected how people feel about the Anaheim Police Department and the
City as a tourist destination. She urged Council colleagues to support sending a letter to the
ACLU.
Mayor Pro Tem Vanderbilt suggested the letter correct the record and request an apology to
individually -named police officers and not the Anaheim Police Department.
Council Member Murray agreed, noting she would like to see the letter move forward with Council
support. She added she would like the retraction to clearly stipulate their error also included the
ranking of the department.
Council Member Moreno appreciated Council Member Murray pointing out her concerns about
some of the data sources used in the report. He believed it best to clarify the information needing
correction through Acting Chief Harvey or the Acting City Attorney. He agreed the Police
Department needs respect but felt the report should be considered, as a whole, noting there were
questions about data points, but others were alarming and must be addressed. He addressed
actions taken to strengthen the Police Oversight Board and expressed concerns with setting
precedence. Council Member Moreno reported he was comfortable with a tone of having staff
work with the ACLU. Additionally, he stated government should not be in the business of what
people can or cannot say on social media.
City Council Minutes of December 19, 2017
Page 24 of 33
Council Member Murray reiterated the findings in the report are baseless and the ACLU is
advancing the falsities repeatedly. She added the importance of seeking truth, especially as it
relates to the use of deadly force.
Acting Chief Harvey referenced the report's allegation showing the City as the ninth deadliest and
noted that was a snapshot of the year 2015. For one of those incidents, the cause of death was
determined by the coroner's office to be close -range, self-inflicted gunshot wounds. He died from
his own hand but was attributed to an Anaheim Police Officer in the ACLU report. If that
correction was made, it would drop the City from ninth to twenty-seventh. He explained the
ranking methodology on the "Mapping Police Violence" website and reported this year, without
incidents, would rank the City as safe as the City of Irvine. He noted the importance of accuracy
in the math and reported a slight change in the data made a dramatic influence on the continuum.
Council Member Moreno suggested if the City was going to ask for corrections, that Acting Chief
Harvey affirm the rest of the data. He reported the staff report seeks six specific corrections and
all were corrected in the ACLU letter. He suggested an amendment to the motion providing
direction to affirm the data that was correct.
Acting Chief Harvey noted there as value in the report and once the data as corrected, it will
affect the different chapters in the report.
Council Member Moreno spoke in support of de-escalating the matter and suggested letting staff
and the ACLU work together for a resolution. Acting Chief Harvey pointed out the corrected
version of the report was not in the public domain. Council Member Moreno stated he does not
support the motion and asked that Acting Chief Harvey work with the ACLU to address
inaccuracies in the report.
Council Member Murray noted the City did not escalate this but rather a report with factual errors
throughout it was advanced as fact to the public and continued to be advanced. Anaheim Police
Officers have been maligned and Council has an obligation to stand up for the officers. There
have been multiple attempts to work with the ACLU, unsuccessfully. She called for the question.
Council Member Kring believed it was time for Council to draw a line in the sand, noted the ACLU
and its representative did not seem to want to let this go, and expressed concerns about
repercussions that may result from the negative report.
Mayor Tait reported agreeing with Council Member Moreno's comment but did not want to stand
in the way of requesting a corrected report and an apology to the officers maligned in it.
MOTION: Council Member Murray moved to direct the City Attorney to draft and send a letter to
the national ACLU and its southern California chapter addressing facts and rankings as
referenced in the staff report and requesting a retraction of their letter and apologies to
individually -named police officers, seconded by Council Member Kring. ROLL CALL VOTE:
AYES — 6: (Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Kring, and Faessel).
NOES — 0. ABSTAIN — 1: (Council Member Moreno). Motion carried.
City Council Minutes of December 19, 2017
Page 25 of 33
PUBLIC HEARINGS:
C410
C280 45. CEQA MITIGATED NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT NO. 2016-00509
RECLASSIFICATION NO. 2016-00293
CONDITIONAL USE PERMIT NO. 2017-05933
TENTATIVE TRACT MAP NO. 18045
(DEV2016-00042)
OWNER: Zachary J. Sham, H & L Investment, 2600 Newport Blvd. #154, Newport Beach,
CA 92663
APPLICANT: Frank Chen, KB Home, 36310 Inland Valley Dr., Wildomar, CA 92595
Location: 312-400 South Euclid Street and 1678 West Broadway
Request: The following land use entitlements are being requested: (i) a General Plan
Amendment to re -designate the property from the General Commercial and Corridor
Residential to the Low -Medium Density Residential designation; (ii) a Reclassification,
or rezoning, of property from the "C -G" General Commercial zone to the "RM -3"
Multiple Family Residential zone; (iii) a Conditional Use Permit to allow a 39 -unit
detached and attached single-family residential development with modified
development standards; and (iv) Tentative Tract Map to create a 1 -lot, 39 -unit
condominium subdivision.
Environmental Determination: The City Council will consider whether a Mitigated
Negative Declaration is the appropriate environmental documentation for this request
under the California Environmental Quality Act.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved and recommended City Council approval of the following: CEQA Mitigated
Negative Declaration (PC2017-079), General Plan Amendment No. 2016-00509 (PC2017-
080), Reclassification No. 2016-00293 (PC2017-081), Conditional Use Permit No. 2017-
05933 (PC2017-082), Tentative Tract Map No. 18045 (PC2017-083) with modification to
the Conditional Use Permit resolution by deleting Condition Nos. 25 and 26 relating to
review and approval of a Lot Line Adjustment and Certificate of Compliance. Vote: 5-0
(Chairperson Dalati and Commissioners Armstrong, Gillespie, Lieberman and White voted
yes. Commissioners Carbajal and Keys were absent.) Motion Carried. (Planning
Commission meeting of November 13, 2017)
RESOLUTION NO. 2017-188 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving and adopting a Mitigated Negative Declaration along with
Mitigation Monitoring Plan No. 348 for proposed General Plan Amendment No. 2016-
00509, Reclassification No. 2016-00293, Conditional Use Permit No. 2017-05933, and
Tentative Tract Map No. 18045 (DEV2016-00042; 312-400 South Euclid Street and 1678
West Broadway).
RESOLUTION NO. 2017-189 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the General Plan of the City of Anaheim and making
findings in connection therewith (General Plan Amendment No. 2016-00509; DEV2016-
00042; 312-400 South Euclid Street and 1678 West Broadway).
ORDINANCE NO. 6427 (INTRODUCTION) 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. 2016-00293; DEV2016-0042; 312-400 South
Euclid Street and 1678 West Broadway).
City Council Minutes of December 19, 2017
Page 26 of 33
RESOLUTION NO. 2017-190 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Conditional Use Permit No. 2017-05933 and making
certain findings in connection therewith (DEV2016-00042; 312-400 South Euclid Street
and 1678 West Broadway).
RESOLUTION NO. 2017-191 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Tentative Tract Map No. 18045 (DEV2016-00042; 312-400
South Euclid Street and 1678 West Broadway).
Planning and Building Director David Belmer introduced Principal Planner David See and Project
Planner Wayne Carvahlo and presented details of the report. Mr. Belmer reported that the item is
a request by KB Homes to demolish existing commercial buildings, on the southeast corner of
Euclid Street and Broadway, and construct 39 residences that would be a mix of attached and
detached. A service station is located northwest of the project site, at the corner of Euclid Street
and Broadway, an apartment complex is located to the east of the project, and a retail
commercial center is located to the south. The entitlements required to develop this project is a
General Plan Amendment, Reclassification, Conditional Use Permit, and Tentative Tract Map.
The project consists of 12 attached three-story townhomes in five buildings on the north portion of
the site. The southern portion of the site would be developed with 27 two- and three-story
detached homes. Access to the development would be provided by three driveways: two from
Euclid Street and one from Broadway. The project would not be gated. He further reported that
there are two types of building plans proposed: Plan 1 is a 1,489 square foot, two-story unit.
Plan 2 is a 1,977 square foot, three-story unit. All units are designed with 3 -bedrooms, 2 Y2
bathrooms, and two -car garages. An additional 49 parking spaces are provided on-site for guest
and resident parking. The applicant would exceed the City's parking requirements by providing
127 parking spaces, which is ten more spaces than required by Code. The City's General Plan
Land Use Element designates the site for General Commercial land use on the northern portion
of the site, and Corridor Residential land use on the southern portion. This project requires
approval of a General Plan Amendment to change the land use designation for the entire site to
Low -Medium Density Residential. The applicant is requesting to change the zoning for the
property from General Commercial to RM -3 Multiple Family Residential. The RM -3 Zone is one of
the zones that implements the General Plan's Low -Medium Density Residential land use
designation. This designation allows up to 18 dwelling units per acre. The proposed project has a
density of 16.6 units per acre. The applicant is proposing to develop the project as a Residential
Planned Unit Development, which is subject to the approval of a conditional use permit in the RM -
3 Zone. The project complies with all development standards of the RM -3 Zone with the
exception of certain setback requirements. The applicant is requesting to modify the street
setbacks adjacent to Euclid Street and Broadway, interior setbacks, and setbacks between
buildings. These modifications are permitted as part of the Conditional Use Permit for the
Residential Planned Unit Development and were reviewed and recommended for approval by the
Planning Commission. A tentative tract map is required to create a one -lot, airspace subdivision
for individual ownership of the units. All common areas, including driveways, recreational areas,
paseos, and sidewalks would be owned and maintained by the homeowner's association. The
tract map complies with all applicable regulations and is consistent with the density allowed under
the proposed General Plan designation. An initial study and mitigated negative declaration was
prepared to analyze the potential environmental impacts of the proposed project in compliance
with CEQA. The initial study identified mitigation measures to reduce the project's potential
impacts to a level considered less than significant. Compliance with these measures would be
required as part of the conditions of approval for the proposed project. The applicant hosted a
community meeting and invited all property owners and residents within 300 feet of the project
site to the meeting. The applicant presented the components of the proposed residential project
and answered questions, including questions from existing tenants about the timing of the project
should it be approved. The Planning Commission and staff have carefully considered and
City Council Minutes of December 19, 2017
Page 27 of 33
reviewed this proposal and recommend approval. He noted the applicant is in attendance and
reported distribution of an amendment to the Conditional Use Permit resolution for Council's
approval.
DISCUSSION: Council Member Faessel referenced Condition of Approval 10C noting it may or
may not conflict with updated version of Condition No. 23. Mr. Belmer offered to review it as the
public hearing continues.
Mayor Tait, Mayor Pro Tem Vanderbilt, and Council Members Faessel, Barnes, and Moreno
reported meeting with the applicant, at their request, but noted no financial connections in terms
of campaign contributions from the applicant.
Mayor Tait opened the public hearing and invited the applicant to the podium.
John Abboud, Vice President, KB Home, thanked staff for their help and reported the project
complies with the zoning and offers ten additional parking spaces, less site coverage, less
density, less height, more recreation and leisure areas than are required, and more than double
the amount of required storage space per unit.
Council Member Moreno asked if any of the proposed homes fall under affordable housing. Mr.
Abboud reported the community is meant to be accessible to first-time home buyers and pricing is
below FHA and VA loan limits to allow buyers accessibility to any of the floor plans with the
community. The homes would be priced at $500,000 and up. Council Member Moreno noted
there is a need for affordable housing and asked why the project was not made affordable. Mr.
Abboud stated the company is not an affordable housing builder and does not receive tax credits.
Council Member Moreno expressed appreciation for the applicant going above and beyond
certain requirements and asked if the company builds affordable housing in other cities. Mr.
Abboud responded affirmatively and noted they comply with affordable housing ordinances in
other cities. He added the project would likely not be feasible if they were to make the proposed
units affordable. In further response to Council Member Moreno's inquiry, Mr. Abboud addressed
details of their community outreach and commented on incentive/discount programs offered. He
agreed to include graduates of Anaheim high schools in incentives. Additionally, he addressed
the company's involvement in the Home Owners Association (HOA) Board until homeowners can
fill those positions.
William Fitzgerald, Home Owners Maintaining Our Environment, opined this project was an
example of City Council running a scam that will hurt the people of Anaheim. He disagreed with
the proposed zoning change, having zones mixed together, and changing the Master Plan from
commercial to residential. He added there was no guarantee from Council that the project will be
built.
Bryan Kaye connected this item to police officers and offered additional comments, not related to
the public hearing, regarding council members and the Police Department.
"The Cameraman" noted $500,000 was not affordable housing for middle-class or low-income
families. He agreed with Mr. Fitzgerald's comments about there being no guarantee the project
will be built.
Bob Donelson spoke regarding the need for affordable housing in the City and suggested
requiring developers to build a certain percentage of housing as affordable. He did not believe
builders will do it voluntarily. He suggested making sure the CC&Rs stipulate a requirement that
residents must park in their garages.
City Council Minutes of December 19, 2017
Page 28 of 33
Mr. Abboud reported on their next steps, pending Council approval of the project. He added, in
terms of affordable housing, there were tradeoffs the City should consider such as additional
density. He reported their CC&Rs include a requirement for residents to park in their garages
and is monitored by the HOA.
In response to Council Member Moreno's question regarding the start of the process, Mr. Abboud
reported it has been about eighteen months. Council Member Moreno referenced the sunshine
ordinance and asked if the applicant would be willing to include signage on the site regarding
plans for construction. Mr. Abboud reported they do not own the property and are under contract
to purchase it subject to Council's approval of entitlements. Placement of signage would be
subject to working out an agreement with the property owner. As the project proceeds, they
would be required to fence off the site and will include signage listing resources for obtaining
additional information about the project.
Council Member Faessel agreed with Mr. Donelson's comments regarding requiring residents to
park in their garages. Mr. Belmer noted it is a standard Condition of Approval under Condition
No. 49. He added the two Conditions of Approval, referenced by Council Member Faessel
earlier, are not in conflict as one pertains to water facilities and the other to sewer.
In response to Council Member Moreno's question regarding parking, Mr. Belmer addressed the
Mitigated Negative Declaration and noted one of the requirements was for a Traffic Impact
Analysis. He provided details of the information reviewed under the analysis and noted negative
impacts have been properly mitigated. He added the developer has paid traffic improvement fees
which weighs in the analysis as well. There were no project -specific offsite improvements
required because of this project. Council Member Moreno suggested staff monitor the traffic
situation on Loara between Broadway and Ball and Mr. Belmer stated staff is already working on
that.
Public Works Director Rudy Emami added staff can initiate a petition or analysis of Loara Street
because of community concerns and stated this project will not make those conditions worse.
Council Member Moreno suggested continuing dialogue with nearby schools.
Mayor Tait closed the public hearing.
MOTION: Council Member Kring moved to adopt RESOLUTION NO. 2017-188 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting a
Mitigated Negative Declaration along with Mitigation Monitoring Plan No. 348 for proposed
General Plan Amendment No. 2016-00509, Reclassification No. 2016-00293, Conditional Use
Permit No. 2017-05933, and Tentative Tract Map No. 18045 (DEV2016-00042; 312-400 South
Euclid Street and 1678 West Broadway); RESOLUTION NO. 2017-189 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General
Plan of the City of Anaheim and making findings in connection therewith (General Plan
Amendment No. 2016-00509; DEV2016-00042; 312-400 South Euclid Street and 1678 West
Broadway); ORDINANCE NO. 6427 (INTRODUCTION) 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. 2016-00293; DEV2016-0042; 312-400 South Euclid Street
and 1678 West Broadway); RESOLUTION NO. 2017-190 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2017-05933
and making certain findings in connection therewith (DEV2016-00042; 312-400 South Euclid
Street and 1678 West Broadway) as amended; and RESOLUTION NO. 2017-191 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract
Map No. 18045 (DEV2016-00042; 312-400 South Euclid Street and 1678 West Broadway),
City Council Minutes of December 19, 2017
Page 29 of 33
seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council
Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel). NOES — 0. Motion carried.
P121 46. This is a public hearing to consider a resolution authorizing the condemnation
and acquisition of certain real property located at 1605 East Gene Autry Way for
the Gene Autry Way and State College Boulevard Improvement Project.
RESOLUTION NO. 2017-192 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM determining the public interest and necessity for
the acquisition of property located at 1605 East Gene Autry Way for the
purposes of the Gene Autry Way and State College Boulevard Improvement
Project (RM/ ACQ2017-00910).
Public Works Director Rudy Emami presented details of the report, stating the item was a
resolution of necessity to acquire a portion of a property located at 1605 East Gene Autry Way as
part of a street widening project on Gene Autry Way from Westside Drive to State College
Boulevard. The street is planned to be widened from a four- to a six -lane facility per the Platinum
Triangle Standards and Implementation Plan. The project conforms to the California
Environmental Quality Act and was approved on April 4, 2017 under Addendum No. 7 to the
Platinum Triangle Final Subsequent Environmental Impact Report No. 339. The start of
construction for the project adjacent to the Property is scheduled during the summer of 2018. It is
critical that the project start when planned in order to keep to the schedule coordinated with the
private developers within the Platinum Triangle. An offer to purchase a portion of the property
located at 1605 East Gene Autry Way was made to the owners of record for the right-of-way
necessary to complete the project, but at this time Public Works staff and the City's acquisition
consultant have not been able to obtain an executed acquisition agreement for the property. The
Resolution of Necessity includes the acquisition of an easement for street and public utility
purposes interest and a temporary construction easement for the purposes of the street widening.
The amount of the offer is compensation of the fair market value of the property, improvement
costs, and permanent severance damages as determined from an appraisal report conducted by
Lidgard and Associates, Inc. Adoption of this Resolution of Necessity will assure possession of
the subject property, as required by the construction schedule. A Notice of Hearing of a
Resolution of Necessity was sent by mail to the property owners on October 27, 2017. The
property owner has the right to appear at the hearing and offer testimony on the following issues:
1. Whether the public interest and necessity require this project.
2. Whether the project is planned and located in a manner that will be most compatible
with the greatest public good and least private injury.
3. Whether the property sought to be acquired is necessary for the project.
4. Whether an offer complying with Government Code 7267.2 has been made.
5. Whether the City has complied with all other procedures prerequisite to the exercise of
eminent domain.
Mr. Emami further stated that in adopting the Resolution of Necessity, the Council must make
affirmative findings on each of the above five points. He further added that additional factual
support is provided and set forth in the resolution.
Mayor Tait opened the public hearing and invited the property owner or his representative to
address Council.
Chuck Krolikowski, Legal Counsel for the owners of the property, the Niemann Family Trust and
their business, the George T. Hall Company, provided background of the business and objected
to the resolution of necessity, noting prior to the hearing his office made records requests to the
City Council Minutes of December 19, 2017
Page 30 of 33
City to obtain documents regarding construction impacts, plans, etc., and have yet to receive
those documents. He claimed the report does not show what is being taken from the property
and noted there is a permanent street easement of 12.5 feet that extends from the property line
into the property and a six-month construction easement that is almost 46 feet wide on the
eastern section of the property and at the western end is over 100 feet wide. He addressed an
existing building and reported the construction easements go right up to the building. He alleged
there is no access to the building, during the project construction, as the easement covers the
parking area and impacts the only driveway to the property along Gene Autry Way. He
addressed two major tenets in eminent domain law that must be considered, including assuming
the most injurious use of the property and limiting the scope of the resolution. He objected to the
use of the word "non-exclusive", the City's intent of limiting the scope of the taking, and stated his
belief that the proposed taking will severely impact the property and could put the business out of
business. He objected to the size of the easement and stated the City's need for it has not been
presented. He reported when it comes to resolution hearings, Council is supposed to have
independent discretion and not to be bound by anything, however, staff has indicated they
already have contracts in place and are putting a burden on Council by saying Council must pass
this or construction periods will be missed. He added Council is not allowed to rubber stamp a
resolution, did not believe the appraisal was proper, and felt the City should not pass the
resolution tonight noting it will severely impact the property and the business.
William Fitzgerald, Home Owners Maintaining Our Environment, indicated the property owners
have no idea Disney is planning to build a walkway on Gene Autry Way. He believed Disney -
controlled Council Members are seizing private property, paying them a fraction of the market
price, and using the land to benefit the Disney Corporation and not to the benefit of the public.
He reported eminent domain can only be used, by law, to benefit the public and alleged Disney
has influenced Council to use whatever public funds they can to complete an already -planned
walkway.
Bryan Kaye alleged fabricated reports have been filed by the City and the Anaheim Police
Department and used to mislead and influence the public. He directed comments to various
Council Members and urged Council to embrace the history of kindness.
"The Cameraman" spoke in opposition to the item and commented on impacts to the business
because of the proposed taking for the benefit of Disney and not the public.
DISCUSSION: Mayor Tait asked why staff is requesting such a large construction easement and
Mr. Emami reported staff provided the plot and legal descriptions of the areas needed and
displayed slides showing the proposed easement and the temporary construction easement. In
terms of the latter, parking must be pushed back on the property and staff will need to re -stripe
the area.
Michael Rubin, Rutan &Tucker, addressed options available but noted the recommendation
allows staff to make improvements to the property and have access for those improvements. The
time for completing the work may not take the entire six months, but the City is proposing to pay
the property owner for an entire six months. Mayor Tait stated it seemed excessive and staff
stated the duration of time the City must have access to the property may take six months, but
the physical time needed to be there, may not take six months. Staff addressed the non-
exclusive easement noting it specifies the City cannot unduly burden the underlying property
owner's use of the property. There will be continuing access to the property by the City and the
property owner and the total compensation for the easement is $40,000. The applicant has not
engaged with the City nor accepted offers for dialogue and opportunities to reach an agreement.
Additionally, staff addressed the request for public documents noting an offer was made for the
property owner to inspect the documents and pay for copies, if desired. The property owner's
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attorney indicated he did not want to inspect the documents and asked for copies, but they have
not arrived at his office yet.
Mr. Emami added staff has been regularly communicating with the property owner and they have
been aware of what the project entails. The City is offering to make improvements to the property
and pay for the temporary easement.
Council Member Kring confirmed the property owner will have access to the business always.
Mr. Emami reported they will lose seven parking spaces. Council Member Kring stated she is not
a fan of eminent domain but understands the need. Staff noted Council can adopt the resolution
but that does not mean discussions cannot continue with the property owner. Council Member
Kring stressed this project has nothing to do with Disneyland, to which Mr. Emami concurred.
Council Member Faessel stated if he were the business owner, he would be alarmed at the City's
request, but he would not want to do the improvement work either. He reported staff provided a
satisfactory explanation and asked in what ways the City can assure the property owner that the
City will take every opportunity possible so as not to affect the way they run their business.
Mr. Emami reported with the assumptions made in creating a six-month window, to give the
contractor the flexibility to proceed in as most -efficient manner as possible. Staff will continue to
work with the property owner to do what is best for them. There is a benefit to the property owner
and the City in offering flexibility.
Staff proposed adding language to the end of Section 2B as follows: "City shall not exercise its
non-exclusive rights under this temporary construction easement in such way as to unreasonably
interfere with vehicular or pedestrian access to the building on the property." It was suggested
that Council direct staff to engage in discussions with the property owner to see if he is interested
in doing the work.
Mayor Tait closed the public hearing.
Council Member Moreno stated he does not feel comfortable with the item nor with eminent
domain and will abstain from the motion. He asked for clarification regarding access to public
records and Mr. Krolikowski reported sending a check for the cost of the copies of records
requested but has not yet received the documents.
Council Member Faessel asked whether the City is getting closer to meeting the property owner's
concerns. Mr. Krolikowski stated the breadth of the resolution is much more impactful than what
the City thinks it will be used for. Additionally, he opined amending the resolution at this time
violates noticing provisions.
Mayor Tait suggested the exact work to be done be included in the resolution and it was noted it
is. In response to his question as to whether the item can be continued, Mr. Emami noted there
was a tight timeframe to get the work done. The project is clearly defined in terms of what is
going to be done on the property.
In response to Mayor Pro Tem Vanderbilt's question, Mr. Rubin commented on the duty of the
City to ensure just compensation is paid.
Council Member Murray acknowledged staffs work and noted they do not mislead the public or
members of the business community. She stated even when Council attempted to meet the
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property owner halfway, that could potential be used to sue the City. She suggested proceeding
with the resolution currently before Council and stated she will support it.
In response to Mayor Tait's question, it was noted the property owner had ample time to inspect
the requested documents.
In response to Council Member Murray's question regarding changes in the resolution requiring
noticing, Acting City Attorney Kristin Pelletier stated the change attempts to address concerns
raised by the property owner and provides for the clarification of "nonexclusive". Mr. Rubin added
Council is amending what the proposed resolution is, prior to adoption and did not believe it has
to be re -noticed. If it is not acceptable, it will re -noticed and brought back before Council.
MOTION: Mayor Tait moved to adopt RESOLUTION NO. 2017-192 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity
for the acquisition of property located at 1605 East Gene Autry Way for the purposes of the Gene
Autry Way and State College Boulevard Improvement Project (RNV ACQ2017-00910), as
amended, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 5: (Mayor Tait and
Council Members Murray, Barnes, Kring, and Faessel). NOES — 1: (Mayor Pro Tem Vanderbilt).
ABSTAIN — 1: (Council Member Moreno). Motion carried.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Faessel announced the new welcome kit sent to new customers by Anaheim
Public Utilities.
Mayor Pro Tem Vanderbilt requested an evaluation of the Interim City Manager at the next
meeting.
Council Member Barnes requested an agenda item for January 9, 2018 to review the Council
Policy regarding use of electronic devices on the dais and requested only City -issued devices be
allowed.
Council Member Moreno reiterated Mayor Pro Tem Vanderbilt's request for an evaluation of the
Interim City Manager, announced the District 3 newsletter was available online, addressed
comments and actions regarding the Mayor Pro Tem position, and wished everyone a Merry
Christmas and Happy Holidays.
Council Member Kring provided background information on the appointment of Mayor Pro Tem;
announced the opening of a new Mexican restaurant, La Sirena, at Katella and Walnut; requested
the "Shop With a Cop" video be played at the next Council meeting and placed on the website;
recognized Council Member Murray for the community triage day; offered congratulations and
best wishes to Kristine Ridge; and wished everyone a Happy Hannukah, Merry Christmas, and
Happy New Year.
Council Member Murray expressed her appreciation for all involved in the community triage day;
thanked staff for coordinating the off-site location for the Council meeting; requested resolutions
of support for Josh Viera and Scott Nelson for their efforts in stopping an arsonist in Anaheim
Hills; thanked Kristine Ridge for her 20+ years of service to Anaheim and wished her well in her
new position; and wished everyone a Happy Hannukah, Merry Christmas, and Happy New Year.
City Council Minutes of December 19, 2017
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Mayor Tait announced the opening of the Ponderosa Park Family Resource Center.
ADJOURNMENT:
With no further business and without objection, Mayor Tait adjourned the meeting of December
19, 2017 at 12:20 A.M. on December 20, 2017 in memory of Cory Iverson, Cory Case, and Ed
Lee.
Respectfully submitted,
Ceresa Bass, MC
Acting City Clerk