02/06/2018ANAHEIM CITY COUNCIL REGULAR MEETING AND
REGULAR ADJOURNED MEETING OF FEBRUARY 6, 2018
The regular meeting of February 6, 2018 was called to order at 3:00 P.M. and adjourned to
3:30 P.M. for lack of a quorum. The regular adjourned meeting of February 6, 2018 was called to
order at 3:34 P.M. in the City Council Chamber of Anaheim City Hall, located at 200 S. Anaheim
Boulevard. The meeting notice, agenda, and related materials were duly posted on February 2,
2018.
PRESENT: Mayor Pro Tem Jose F. Moreno and Council Members Kris Murray, James
Vanderbilt, Denise Barnes, Lucille Kring, and Stephen Faessel. (Mayor
Tom Tait joined Closed Session after consideration of Item No. 1.)
STAFF PRESENT: Interim City Manager Linda Andal, Acting City Attorney Kristin Pelletier, and
Acting City Clerk Theresa Bass
ADDITIONSIDELETIONS TO CLOSED SESSION:
Acting City Attorney Kristin Pelletier announced Closed Session Item No. 1 was a discussion of
potential legal action against the County of Orange regarding actions in the riverbed and Item No.
5 related to a property damage case regarding a sewer back-up into a private residence.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION:
At 3:35 P.M., Mayor Tait recessed to Closed Session for consideration of the following items:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of California
Government Code Section 54956.9: One potential case
Mayor Tait did not participate in Closed Session Item No. 1 due to a potential conflict of interest.
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code
Name of Case: Orange County Catholic Worker, et al., v. Orange County, et al., USDC
Court Case No. 18 -CV -00155 -DOC (KESx)
3. PUBLIC EMPLOYEE APPOINTMENT
(Section 54957 (b)(1) of the California Government Code)
Position: City Attorney
4. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representative: Jason Motsick, Acting Human Resources Director,
and Avery Associates
Position: City Attorney
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
California Government Code Section 54956.9: One potential case.
City Council Minutes of February 6, 2018
Page 2 of 15
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code
Name of Case: Estate of Gustavo Najera v. City of Anaheim, et al., USDC Court Case
No. SACV16-01243-JLS
At 5:30 P.M., Mayor Tait reconvened the Anaheim City Council.
INVOCATION: Pastor Ethan Hedberg, Ambassador Church
FLAG SALUTE: Mayor Pro Tem Jose F. Moreno
PRESENTATIONS: Recognizing Josh Vieta and Scott Nelson for their heroic act in
preventing a fire
Mayor Tait introduced Josh Vieta and Scott Nelson and recognized and thanked them for their
heroic act in preventing a fire. Josh Vieta shared his experience with fires in Ventura and
witnessing and apprehending an arsonist in the city of Anaheim along with Scott Nelson.
County Update by Supervisor Todd Spitzer
County Supervisor Todd Spitzer provided an update of the County's efforts in fighting
homelessness. He reported Judge David Carter handled the original litigation on the riverbed
and will be engaged and hands-on on the case. He shared the results of an Orange County
surrey of opinions of Orange County voters on homelessness, stating 76% of voters in Orange
County agreed homelessness was a significant problem. He further reported the OC Sheriffs
have been patrolling the riverbed trail since September 2017 and removal of homeless
encampments began November 1. He addressed the hypodermic needle issue and indicated the
County will be having a big discussion on needle exchange, which he indicated he personally did
not support, but did support people having access to medical professionals to clean hypodermic
syringes. He also reported that the additional 100 beds at Bridges at Kraemer Place would be
available by the end of May.
Supervisor Spitzer provided OC crime statistics reflecting overall crime rate was up 20% since
2014, which was the largest spike in more than a decade. Violent crimes were up 15% and
property crimes were up 20%, but in Anaheim, property crime was up 13.5%. Orange County
auto theft was worse than any large urban county in the United States. He provided FBI statistics
for the City, stating the murder rate was up 50% in 2017, robbery was up 21 % in the first half of
2017, and auto theft was at 9.7%.
Supervisor Spitzer spoke of the Canyon fires, stated there was an existing investigation relative to
how the Canyon Fire 2 started, and a report would be available to the public in April. He spoke of
the John Wayne Airport Flight Pattern Settlement Agreement to prevent flight pattern variations
and the Orange County Drowning Prevention Task Force.
Council Member Kring reported she is on the Anaheim YMCA Board of Directors and the school
district superintendent at the time mandated and required the Board to raise money so that every
third grader in the city and the community covered by the YMCA must learn how to swim.
Council Member Murray thanked Supervisor Spitzer for his leadership in getting the Bridges at
Kraemer Place opened and for his efforts in promoting public safety for all residents.
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Supervisor Spitzer reported the county was in escrow on a building on Anita Street and the 57
Freeway for the first psychiatric treatment facility in Orange County. He added Anaheim and the
city of Orange were doing their bulk share of what was going on in the county in terms of dealing
with the homeless and the mentally ill population. He commented on ensuring every city in the
county was doing its fair share.
Mayor Pro Tem Moreno asked whether Supervisor Spitzer provided annual updates to cities in
the county and Supervisor Spitzer responded affirmatively. He added he has provided additional
updates to Anaheim because of the issue of homelessness and camping on the riverbed. Mayor
Pro Tem Moreno asked how much the county has spent, of its General Fund, on homelessness.
Supervisor Spitzer reported the purchase of the building on Anita Street came from mental health
dollars. He referenced a site in San Antonio, which has a campus where people are treated and
provided with services, and noted that was his vision for Orange County. He added the county
should allocate categorical funding first. He stated county staff has not been as aggressive as it
needs to be. In response to Mayor Pro Tem Moreno's question, Supervisor Spitzer reported the
county has contributed to build thousands of units during the last ten years. In terms of the FAA
lawsuit, Supervisor Spitzer reported the FAA decided the impacts of the jet changes through GPS
could be done through a Negative Declaration. The county challenged the process, noting the
need for an environmental assessment and the FAA agreed. The county sued and won.
Council Member Vanderbilt referenced water safety and asked whether county matching funds
were available for swimming lessons or media campaigns. Supervisor Spitzer reported the
money was used to educate the public but there was wide discretion for how the task force would
work and how funds would be available. The county could amend the resolution to include
swimming lessons for those needing assistance.
Mayor Tait commented positively on the efforts of the Magnolia School District to teach every
third grader to swim.
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclamation recognizing February 18-24, 2018, as National
Engineers' Week
City Engineer Carlos Castellanos accepted the proclamation recognizing February 18-24, 2018,
as National Engineers' Week and addressed contributions engineers have made to society. He
noted the importance of encouraging youth to embrace learning math, science, and technology
and encouraged the public to contact them for information about a career in engineering.
Proclamation recognizing February 2018, as Career and Technical
Education Month
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum
statement was provided by Acting City Clerk Theresa Bass.
Victoria Vidrio expressed concerns with the lack of affordable housing and spoke about the need
for rent control. She referenced the homeless living on the riverbed and the lack of sanitation
facilities.
Mike Trujillo, 2017/2018 Disney Ambassador, expressed excitement at the building of their 10th
Kaboom Playground at Pearson Park. He invited Council to attend Pearson Park on February
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24, 2018, and stated Disney was committed to ensuring children and families have a safe place
to play. He added there was information at Disney.com regarding volunteering opportunities.
R. Joshua Collins, Homeless Advocates for Christ, commented on Jesus Christ being homeless
and committed to the sufferings of the poor. He spoke about criminals getting immediate housing
while the poor must wait to do so. He spoke in support of "housing first" noting it was cheaper
than keeping the homeless on the streets and encouraged Council to lead in kindness and
compassion. He commented on the lack of affordable housing in the city and urged Council to
make it easier for people to get a roof over their heads.
Fred Brown, General Manager, Desert Palms Hotel and Suites, shared his experience working in
the city and shared stories about some of their employees. He reported the notion that hotels in
Anaheim were low-paying jobs, with no opportunities for advancement, was not correct. He
stated hospitality was a job that can turn into a career and does not necessarily need a higher
education to move up.
Mike Rodriguez thanked Council for the skate projects it has approved in the city and commented
on how skateboarding is one of the most popular sports in the world. He noted an iconic
skateboard feature at Brookhurst Park the community could engage in recreating.
William Fitzgerald, Home Owners Maintaining Our Environment, alleged criminal conduct by the
Anaheim City Council Members through the acceptance of bribes and campaign contributions.
Additionally, he opined the Anaheim Fire Department was the worst in Orange County and
contributed to the destruction of homes by the Canyon 2 fire, suggesting the city should contract
with the Orange County Fire Authority for substantial savings.
Council Member Vanderbilt stated he has not accepted campaign contributions
from any Fire Department.
Council Member Murray reported Mr. Fitzgerald's statements were overwhelmingly
false and offensive. She stated the Anaheim Fire Department is a Class 1 rated
fire department that works day and night to keep Anaheim residents safe.
Council Member Barnes indicated she has not collected campaign contributions
from any Fire Department, adding that her husband had to quit his job, so she
could be released from future recusals.
Jeanine Robbins addressed the La Palma Check -In Center operated by Mercy House, noting it
was a pilot program that began in August 2013 and continued to operate with reduced hours and
continual threats of closure from city staff. She believed former Assistant City Manager Ridge's
goal was to close the center, permanently, and redirect funds to other homeless services. She
read various city communications regarding the matter and stated it was evident city staff has
their own agenda and were attempting to fulfill it without Council approval. They succeeded in
cutting homeless services with no replacement and she asked Council to work with Mercy House
and reinstate their contract, including operating during morning hours. She stated the public has
complaints about the new timing system, as no one can see the lights to determine how much
time they have left to speak.
Mike Robbins commented on trash and hazardous waste in the riverbed and noted trash
accumulated when there were no bathroom facilities or trash receptacles available. He
addressed increased crime and felt the city should not have less police officers than it needs and
commented on the city's debt. He reported instead of focusing on crime, police officers spend
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their time moving homeless people from place to place. He referenced Mercy House and the
services it provided, and quoted President Lyndon B. Johnson regarding the "war on poverty".
Martin Lopez referenced comments made by the General Manager of the Desert Palms Hotel and
Suites and stated he was happy employees were successful in advancing their careers.
However, he stated there were 700 employees at the Anaheim Hilton and 300 at Sheraton Park
who do not need to become managers, to receive a livable wage and make ends meet. He
shared a personal story about his daughter's car being broken into and subsequently stolen. He
was disappointed at the police who did not provide hope of finding the car and did not provide
updates on the case. He noted his daughter went looking for the car, found it, and stated the
license plates had been changed. When his daughter went to the DMV for replacements, she
was told she needed a report from the police, but the police department stated it would take four
to five weeks. Not only did the Anaheim Police Department not help, but they were making it
difficult for her to do things the right way. He urged Council to review the process and make
appropriate changes to expedite the process to help victims.
Jessica Lopez expressed disappointment in the Anaheim Police Department in they way they
handled the case of her stolen car. She reported giving them information and evidence to search
for her car without success. Her husband commented on their efforts to do the right thing and
expressed disappointment at the lack of effort by the Anaheim Police Department.
Kelsey Moncada, Community Relations Assistant, Social Model Recovery Systems, addressed
services provided by her organization and reported their adolescent facility, Touchstones, in the
city of Orange, has beds open for adolescents suffering from drug abuse or mental illness. She
encouraged the public to visit www.socialmodel.com. Additionally, she announced an Opioid
Summit on September 20-21, 2018, at the Anaheim Convention Center and distributed program
information brochures.
Mark Johnson reported Anaheim has a rich history in skateboarding and referenced a skating
crater at Brookhurst Park. He expressed interest in expanding the Brookhurst Skate Park to
accommodate youth and beginners, noting the existing skate park was very advanced and they
would like to re-create the crater, so beginners and youth can have fun also. He believed the
project would help at -risk youth and help revitalize the community.
Irina, representing the Saratoga Homeowners Association, reported she expressed her concerns
regarding traffic noise including racing cars, motorcycles, and loud mufflers at the last Council
meeting and reported the problem continued. She reported the Anaheim Police Department does
not respond to calls, she filed a complaint with no response, and collected signatures of
concerned residents and the city has not responded. She expressed concern with a bus stop
near the complex and asked Council to help.
Joe Wells, Logan Wells Memorial Foundation, reported he lost his son when he was hit by an
automobile while skating and the foundation has spent the last few years raising money to build a
skate park in his honor. They have raised $190,000 and the foundation wants to donate to the
city, in his name, to build a street -style skate park. He noted the city has land in east Anaheim
and a 5,000 square foot park could be built there. He thanked Mike Rodriguez and Mark Johnson
for their comments and reported skateboarding was the fastest-growing sport in America. He
thanked Council and the city for its support and thanked Pamela Galera for her help, as well as
the foundation.
Mayor Tait expressed his condolences and stated it was inspiring in finding beauty
out of such a tragedy. He commented on life lessons that can be learned from
skateboarding such as persistence, setting goals, and getting back up when you
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fall. He added those things will live on and thanked Mr. Wells for the donation to
the city.
Council Member Barnes acknowledged the suffering and grief of losing a child and
thanked Mr. Wells for turning a tragedy into a triumph for the city's youth.
Victoria Wells spoke on behalf of Bob Walters, President, Freight Management, Inc., noting he
was present but had to leave for a prior commitment. Mr. Walters has paid $30,000 out of his
own pocket to sponsor a conference on equality and education, to be held on Saturday, February
17, 2018, from 10:00 A.M. to 2:00 P.M. at the Phoenix Club. She distributed fliers and hoped
Council would attend. Speaking on behalf of herself, she reported she walks her dog to Central
Anaheim and has taken it upon herself to pick up trash on the streets and parks. She suggested
the city should have an initiative, "Clean Anaheim", and place trash cans on streets in
neighborhoods.
Mark Richard Daniels suggested relocating a mural in the Council Chambers as a constant
reminder of where the city has been. He commented on the accomplishments of the country and
the city and felt the greatest failure was not being able to take care of the homeless. He stressed
the need to be diligent and not accept "no" for an answer, as this was a human rights situation
and something needed to be done, and he suggested implementing a plan such as Al Fresco
Gardens.
"The Cameraman" stated he has learned anyone living on the riverbed who was on probation or
parole has been arrested for violating their conditions because they need a permanent address
as part of those conditions; if you become homeless or are evicted from your home, that
constituted a crime. He noted there was room in jails for criminals, but there was no housing for
the homeless and reported 200 people died on the streets in Orange County in 2017 and the life
expectancy of a homeless person was 49 years. He thanked Mayor Pro Tem Moreno, Council
Member Vanderbilt and Council Member Faessel for taking the time to meet with him before the
State of the City address and being able to have open dialogue. He cautioned against trusting
Supervisor Todd Spitzer.
Wes Jones referenced the last Council meeting where the findings of the Homeless Policy
Working Group were unanimously approved. He noted now was the time for action as the
Courtyard and armory were not fit places for humans to live. He encouraged Council to join with
the county and develop adequate and humane shelter systems. As an emergency, short-term
solution, he urged the city to open safe zones such as Al Fresco Gardens and to restore funding
to the La Palma Check-in Center.
Mildred Elliott spoke regarding the struggles of the homeless, including her, and urged Council to
consider opening Al Fresco Gardens for the homeless to have a safe space in which to live.
David Duran commented on the many meetings held regarding the homeless and felt comments
from the public have fallen on deaf ears. He referenced a lawsuit against Anaheim and
neighboring cities for their lack of effort to resolve issues regarding homelessness. He reported
during a recent Board of Supervisors' meeting, public comment time was reduced from three
minutes to two minutes and urged the public to contact them and tell them that was unacceptable.
He addressed the Anaheim Police Department and asked Council to acknowledge its
responsibility in helping things get better.
Lou Noble read a passage from the Bible and spoke against exploiting the homeless through
criminalization. He opined the anti -camping ordinance does not work and urged Council to repeal
it. He reported criminals prey on the homeless and expressed frustration with the lack of
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adequate services. He noted the public has offered many solutions but alleged neither the city
nor the county listens to the people.
Bryan Kaye stated when residents file complaints, they were working to make things better for
everyone. He alleged Anaheim violated Policy 451, tampered and destroyed evidence, and deals
inappropriately with those suffering from mental issues.
Pat Davis commented on her experience in skateboarding and on the generosity of the Wells
Family. She spoke about the La Palma Check-in Center, noting hours have been reduced and
awnings removed. The city has the resources to expand operation of the La Palma Check-in
Center and Ms. Davis hoped the city will open morning operations. She commended Council for
approving the Homeless Policy Working Group report and urged Council to explore regular
updates. She mentioned Supervisor Todd Spitzer and hoped Council will not allow the city to be
used for political reasons.
Tim Schindler spoke regarding the plight of the homeless and commented positively on the city's
efforts regarding the issue. He reported on Catholic organizations that help the community but
noted the Diocese of Orange County has done nothing to help. He urged local Catholics to speak
up and demand that their Diocese help the homeless instead of building monuments.
Cynthia Ward referenced Brookhurst Park and encouraged Council to proceed with building a
skateboarding park there. She agreed with a previous speaker regarding placing a mural in the
Chambers, commented positively regarding installing trash cans on streets, and suggested
advertising for private sponsorships to cover costs. She thanked Council for the Sunshine
Ordinance and suggested candidates for office and donations to them should be reported.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Faessel announced the Students Against Destructive Decisions (SADD) would
hold their first conference March 2-3, 2018, at the Sheraton Park Hotel and requested a
proclamation honoring their efforts.
Council Member Vanderbilt requested a proclamation recognizing February 13th as Asian
Business Association of Orange County Day, announced the WAND BBQ on April 21 st at Maxwell
Park, and the Buffalo Soldier Experience at the Muzeo with free admission and transportation
scholarships for local schools.
Council Member Murray requested staff research expanding the use of the Big Belly solar trash
cans and associated costs; thanked the Wells family, supporters, and staff for the work done for
Item No. 17; and requested the ground breaking for the Logan Wells Skate Park be scheduled to
coincide with Logan's birthday.
Mayor Pro Tem Moreno requested an update on the La Palma Check In Center, thanked the
Wells family and staff for Item No. 17, requested staffing ratios be reviewed citywide and
particularly within the Police Department as part of the budget process, and also asked for
consideration of staff at skate parks and other park amenities in the budget process.
Council Member Barnes announced a community meeting for Districts 1 and 2 on February 7
2018, and encouraged the public to donate blood.
CITY MANAGER'S UPDATE:
City Council Minutes of February 6, 2018
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Interim City Manager Linda Andal reported staff was still on schedule to bring forward the permit
parking, oversize vehicles, and car sales policies on February 27th but would be working in a
phased approach with draft polices set for receive and file on February 27 to allow for a 30 -day
review period for Council and the public to review and comment on the policies, which will also be
posted online, and will be brought back on March 27th for potential adoption.
She announced District Community Meetings with Districts 1 and 2 scheduled for tomorrow at
Brookhurst Community Center, District 3 scheduled for February 8th at the Downtown Community
Center, District 4 scheduled for February 13th at Ball Junior High School, District 5 scheduled for
February 15th at Rio Vista Elementary School and District 6 scheduled for February 21 st at East
Anaheim Community Center, to include updates about homelessness by Sandra Sagert and
outreach and the application process for the Public Safety Board for which the first meeting was
projected to be in April.
CONSENT CALENDAR: At 7:47 P.M., the Consent Calendar was considered with Mayor Tait
pulling Items No. 14 and 17, Council Member Faessel pulling Item No. 9, and Council Member
Vanderbilt pulling Item No. 12 for separate discussion and consideration.
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 Mayor Pro Tem Moreno. ROLL CALL VOTE: AYES — 7: (Mayor
Tait and Council Members Moreno, Murray, Barnes, Vanderbilt, Kring, and Faessel). NOES — 0.
Motion carried.
B105 1. Receive and file minutes of the Public Utilities Board meeting of December 13, 2017.
E157 2. Receive and file the 2017 Lobbyist Annual Report.
D116 3. Approve recognitions recognizing Water Awareness Month (May 2018); Anaheim Public
Utilities Bottled Water Art Contest Winner(s); Public Power Week (October 7 — 13, 2018);
Anaheim resident Norris Johnson for his 100th birthday (February 1, 2018); Helen Bethers,
Ernie Diaz, and Wilma Ast, who have demonstrated kindness in the City; Project S.A.Y.
for developing workshops on respect, safe space, and healthy dating during Teen Dating
Violence Awareness Week; and OCAC's Passion y Tumbao Project for their
achievements in winning two World Silver Medals within the Kids Latin Dance Division.
B105 4. Reappointment of Alicia Berhow and Amy Olsen, both representing the business sector,
to the Anaheim Workforce Development Board to four year terms ending February 1,
2022.
D180 5. Accept the lowest responsive bid from Bradley Lighting, Inc., in the amount of
$215,426.25 plus tax, for landscape and palm tree lighting materials for the Anaheim
Resort Maintenance District and authorize the Purchasing Agent to issue a purchase
order in accordance with Bid #9073.
D180
6. Accept the lowest responsive bid from Farber Specialty Vehicles, in the amount of
$194,970.50 plus tax, for a 2018 Winnebago Bookmobile for the Anaheim Public Library,
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Page 9 of 15
authorize the Purchasing Agent to issue a purchase order in accordance with Bid #9056,
authorize the transfer of $200,000 of Community Development Block Grant appropriations
from the Community & Economic Development Department to the Community Services
Department.
D180 7. Accept the lowest responsive bid from Henry Schein, Inc., in the amount of $20,335 plus
applicable tax, for the purchase of hand wipes, sharp evidence tubes and latex gloves for
the Anaheim Police Department for a one year period with four one-year optional
renewals, and authorize the Purchasing Agent to exercise the renewal options in
accordance with Bid #9070.
D150 8. Authorize the Director of Community Services, or his designee, to accept donations, each
in the amount of $5,000, from the Kiwanis Club of Greater Anaheim and the Orange
County Community Foundation for the Bookmobile Services program of the Library
Division and increase the Fiscal Year 2017/18 revenue and expenditure appropriations in
the Community Services Department budget by $10,000.
AGR- 10. Approve a License Agreement with the Anaheim Family YMCA for free use of the
7414.A gymnasiums at the Downtown Anaheim Youth Center and West Anaheim Youth Center
during specified use hours, and rental of the gymnasium at a reduced rate of $30 per hour
during non-scheduled hours when the facilities would normally be closed, for a term of five
years.
AGR- 11. Approve an agreement with the City of Cypress for the funding of design and construction
10965
of the Arterial Street Improvements Project on Cerritos Avenue with the City of Anaheim's
pro -rata share estimated at $32,000 with a not to exceed amount of $50,000.
13. Approve and authorize the Interim City Manager to execute a Site License Agreement for
10967 Telecommunications Facilities Mounted on City Facilities with Sprint PCS Assets, L.L.C. a
Delaware limited liability company (Sprint) which authorizes Sprint to install 113
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
$9,605, with an initial term of ten years with up to two automatic successive five year
renewals; pay to the City a one-time fee, in the amount of $235,814.75, for reimbursement
of Sprints 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; and authorize the
Executive Director of the Convention, Sports & Entertainment Department to execute any
other related documents, take the necessary actions to implement and administer the
Agreement.
P129 15. RESOLUTION NO. 2018-011 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
interests in real property (City Deeds Nos. 12177, 12178, 12179, 12180, 12181, 12182,
12183, 12184, and 12185) (current and future City uses for the installation of water and
electrical facilities for the provision of utility services).
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D154.5 16. RESOLUTION NO. 2018-012 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the International
Brotherhood of Electrical Workers Local 47 and the City of Anaheim (incorporate new
classification, Part -Time Senior Customer Service Representative).
D182 18. RESOLUTION NO. 2018-014 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the proposed electric vehicle projects and the Public
Utilities General Manager or designee to submit an application, on behalf of the City of
Anaheim, to the Mobile Source Air Pollution Reduction Committee for a 2017 Local
Government Partnership Program Grant, to accept such funds as awarded, and to take
such actions in furtherance of the grant program; authorizing the allocation of matching
funds in connection therewith; and determining the electric vehicle projects are exempt
from the California Environmental Quality Act pursuant to Sections 15301, 15303, and
15304(f) of Title 14 of the California Code of Regulations (installation of electric vehicle
charging stations and acquisition of electric vehicles; up to $221,500 in grant funds with a
local match of $212,100).
M142 19. ORDINANCE NO. 6428 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Chapter 10.10 (Waste Collection and Disposal) of Title 10 (Public
Service and Utilities) of the Anaheim Municipal Code relating to placement of containers
for collection and finding and determining that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2),
15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, because
there is no possibility that it may have a significant effect on the environment and because
it is not a project, as defined in Section 15378 of the CEQA Guidelines. (introduced at
Council meeting of January 30, 2018, Item No. 22).
ORDINANCE NO. 6429 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the
Anaheim Municipal Code and finding and determining that this ordinance is not subject to
the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2),
15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, because
there is no possibility that it may have a significant effect on the environment and because
it is not a project, as defined in Section 15378 of the CEQA Guidelines (introduced at
Council meeting of January 30, 2018, Item No. 22).
END OF CONSENT CALENDAR:
Following adoption of the consent calendar, without objection, Mayor Tait considered Item No. 17
out of order prior to the other items pulled for discussion.
R100 17. RESOLUTION NO. 2018-013 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting donated funds from the Logan Wells Memorial Foundation
for development of a skate facility (funds in the amount of $190,000).
Amend the Community Services Department's revenue and expenditures by $190,000
and determine that the Logan Wells Memorial Skate -zone Project is categorically exempt
City Council Minutes of February 6, 2018
Page 11 of 15
from further environmental review under the California Environmental Quality Act, Section
15303 of Title 14 of the California Code of Regulations (Class 3, New Construction).
DISCUSSION: Mayor Tait thanked the Wells Family for their generous donation and reported
pulling this item from the Consent Calendar as it warranted separate consideration and voting.
He noted parks bring people together and skateboarding created friendships.
Council Member Vanderbilt stated he looked forward to the new skate park.
Council Member Faessel reported one of the first skateboarding events in Anaheim was held at
La Palma Park.
Council Member Murray asked staff to work with the Wells Family and the Foundation to ensure
ground -breaking can take place on Logan Wells's birthday.
Council Member Kring thanked the Wells Family and commented on their contributions to the
community.
MOTION: Mayor Tait moved to adopt RESOLUTION NO. 2018-013 A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting donated funds from the Logan
Wells Memorial Foundation for development of a skate facility (funds in the amount of $190,000)
and amend the Community Services Departments revenue and expenditures by $190,000 and
determine that the Logan Wells Memorial Skate -zone Project is categorically exempt from further
environmental review under the California Environmental Quality Act, Section 15303 of Title 14 of
the California Code of Regulations (Class 3, New Construction), seconded by Mayor Pro Tem
Moreno. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray,
Vanderbilt, Barnes, Kring and Faessel). NOES — 0. Motion carried.
AGR- 9. Approve the Solar Power Sales Agreement (Solar Agreement), in substantial form, with
10964 Southern California Public Power Authority to procure solar energy to meet the State
mandated Renewable Portfolio Standard for approximately $1.8 million annually over
twenty-five years with no escalation and authorize the Public Utilities General Manager, or
his designees, to execute the Solar Agreement and other agreements, including, collateral
assignment or power scheduling agreements, and prepare, certify, attest, execute, and
deliver any other related documents and take necessary or advisable actions to
implement and administer the Solar Agreement.
Mayor Tait declared a potential conflict and left the dais at 7:56 P.M.
Public Utilities General Manager Dukku Lee presented the item addressing SB 350, which
requires utilities to increasingly transform their power supplies from fossil fuels to renewables and
the city's target is 50% renewables by 2030. He reported sustainability was an important attribute
residents wanted from a utility, as well as cost-effectiveness. He addressed the location of the
subject project, capacity of the plant, and details of the agreement. He acknowledged concerns
with rate increases and reported staff does its best to manage costs by diversifying resources to
achieve optimal performance. He reported the city does not own the asset, so permitting
operation and maintenance are the developer's responsibility. The city is paying a fixed price for
the environmental attributes, but the energy is tied to the power market which is financially
advantageous. This is a power purchase agreement, so the city pays only when the energy is
delivered; excess energy can be sold into the power market.
City Council Minutes of February 6, 2018
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DISCUSSION: Council Member Faessel reported this was being arranged through the Southern
California Public Power Authority (SCPPA) and asked for clarification. Mr. Lee reported SCPPA
is a Joint Powers Authority and Anaheim, along with other power agencies, are able to pool
resources and added, in terms of this project, Anaheim was cooperating with the cities of Burbank
and Vernon.
In reply to Council Member Vanderbilt's question regarding storing solar power, Mr. Lee reported
there is a power market that allows the city to sell excess energy back into the market, which will
help reduce costs. He added there are instances were resources are required to back down to
balance demands on the grid.
Council Member Faessel asked for additional information regarding the power market and Mr.
Lee explained the city has a portfolio of resources where the city owns some power plants, can
contract with other power plants, or can utilize the market. Because there are requirements for
how much renewables are needed, the city cannot solely depend on the market and, therefore,
must have ownership or power contracts. The city uses the market for incremental overages and
underages.
In response to Council Member Barnes's question, Mr. Lee reported for this resource and under
this contract, the city would be locked in for 25 years, the lifespan of a solar system. He noted
the importance of not locking up all resources in order to take advantage of new technology as it
emerges, as like any portfolio, it must be managed actively.
MOTION: Council Member Kring moved to approve the Solar Power Sales Agreement (Solar
Agreement), in substantial form, with Southern California Public Power Authority to procure solar
energy to meet the State mandated Renewable Portfolio Standard for approximately $1.8 million
annually over twenty-five years with no escalation and authorize the Public Utilities General
Manager, or his designees, to execute the Solar Agreement and other agreements, including,
collateral assignment or power scheduling agreements, and prepare, certify, attest, execute, and
deliver any other related documents and take necessary or advisable actions to implement and
administer the Solar Agreement, seconded by Council Member Murray. ROLL CALL VOTE:
AYES — 6: (Mayor Pro Tem Moreno and Council Members: Murray, Vanderbilt, Barnes, Kring,
and Faessel). NOES — 0. ABSTAIN — 1. (Mayor Tait). Motion carried.
Mayor Tait returned to the dais at 8:07 P.M.
AGR- 12. Approve an agreement with Enterprise Rideshare, in an amount not to exceed $100,000
10966 per year, for the monthly rental of vanpool vehicles for use in the City's vanpool program
for a term of five years.
DISCUSSION: Council Member Vanderbilt reported a member of the community wrote a letter
with questions regarding the subject contract. He commented on grants available through the
Transportation Authority and asked if the proposed was an efficient use of the money.
Public Works Director Rudy Emami reported reading the letter and felt there may have been a
misunderstanding in terms of the writer's analysis of the city's program and comparing it with an
agricultural program in Kings County. The city's program is part of county -wide OCTA
procurement where they have selected Enterprise Rental Company to provide vans for cities.
Should the city use it, it will receive a $400 per month credit and the balance of costs were paid
by another grant from the South Coast Air Quality Management District and by users themselves.
The city is required to provide alternative ways for employees to get to work. He added last year,
there were 46 employees who used the vanpool services, 36 of whom were Anaheim city
employees and he addressed driver's license requirements.
City Council Minutes of February 6, 2018
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MOTION: Council Member Kring moved to approve an agreement with Enterprise Rideshare, in
an amount not to exceed $100,000 per year, for the monthly rental of vanpool vehicles for use in
the City's vanpool program for a term of five years, seconded by Council Member Faessel. ROLL
CALL VOTE: AYES — 7: (Mayor Tait and Council Members: Moreno, Murray, Vanderbilt, Barnes,
Kring, and Faessel). NOES — 0. Motion carried.
AGR- 14. Approve and authorize Interim City Manager, or designee, to execute and administer a
10968 Parking Garage Management Agreement, in substantial form, with SP Plus Corporation,
in the initial annual amount of $318,996, for the management of Car Parks 2 through 6 for
a three year term with five one-year optional renewals with annual contract increases
based on the Consumer Price Index (continued from Council meeting of January 30,
2018, Item No. 18).
DISCUSSION: Mayor Tait expressed concerns regarding installing gates in parking structures
and charging parking for people to visit City Hall. He stated he would support the item if the
requirement for installing a gate was removed.
Community and Economic Development Director John Woodhead reported gating on either
structure has not been currently planned or included. Car Park 1 and Car Park 2 have
specifically been excluded from the CIP, and he agreed to delete that as something that might
occur. He explained Exhibit C was simply an equipment list that staff provides to anyone who
manages the structures, so they know what belongs to the city.
In response to Mayor Pro Tem Moreno, Mr. Woodhead explained there will be no changes except
staff would like to add Car Park 1 to the existing management pool. He stated there was no
intention to gate or charge for parking for any structure adjacent to City Hall and staff was looking
into a parking guidance system to utilize parking structures more efficiently.
MOTION: Mayor Tait moved to approve and authorize Interim City Manager, or designee, to
execute and administer a Parking Garage Management Agreement, in substantial form, with SP
Plus Corporation, in the initial annual amount of $318,996, for the management of Car Parks 2
through 6 for a three-year term with five one-year optional renewals with annual contract
increases based on the Consumer Price Index excluding the installation of gates at Car Park 1
and Car Park 2, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 7: (Mayor
Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0.
Motion carried.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS:
Council Member Kring reported her participation in the Black History Parade and Cultural Faire
last Saturday and noted its highest level of attendees and particpants, congratulated the Mayor
on his State of the City address, requested consideration of a Council letter regarding Proposition
13 on a February or March agenda, and wished everyone a Happy Valentine's Day and Ash
Wednesday/Lent.
Mayor Pro Tem Moreno congratulated Access California, which celebrated its 20th year with a
gala on Saturday. He thanked Ms. Majewski, a teacher at Anaheim High School, who invited him
to teach a government class. He congratulated the Black History Parade and Cultural Fair, the
Cultural and Heritage Commission and the Anaheim Small Business Organization, Los Amigos of
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Page 14 of 15
Orange County and George's Restaurant for funding transportation for participating bands. He
thanked Mayor Tait for the State of the City event. He announced the Kaboom! playground build
at Pearson Park on Saturday, February 24th, 8:30 A.M. — 2:30 P.M. and encouraged volunteers to
sign-up online.
Council Member Barnes commended Access California for their 20th anniversary and recognized
the efforts of Nahla Kayali. She reported visiting Miracle Terrace Apartments for their grand
opening and commended Mr. Wills Jr. and Sr., for their generous donations. She reported
attending the Black History Parade, spoke about Brookhurst Park and the proposed skate park
and encouraged the public to donate blood. She asked staff, in conjunction with state advocates,
prepare an informational memo on SB 827 summarizing the proposed legislation in detail with
possible impacts on Anaheim.
Council Member Vanderbilt commented positively on staffs work on the State of the City event,
acknowledged volunteers. He addressed the Access California gala noting Father Boyle was
scheduled to speak but was unable to attend. Mayor Pro Tem Moreno was the keynote speaker
and commended him for his speech. He spoke about public comments and referenced the City
Clerk's statement prior to them. He commented on hate incidences and stated while Council
encourages public comments, it should be recognized there are dignified ways to get a point
across.
Council Member Faessel attended a recent event at St. Catherine's Academy recognizing public
servants and commented positively on the event. He reported participating in a round table
discussion with the Mayor Pro Tem and a team of community members regarding Art in Public
Places. Additionally, he attended the 20th anniversary of Access California, the Black History
Parade and the Buffalo Soldier exhibit at the Muzeo and thanked Bobby McDonald for his efforts.
He reported attending the State of the City event and speaking with Bruno Serato from the
Lighthouse and announced it will reopen within the next few weeks. He commented on the
county's efforts to clear the riverbed and reported the city will continue in its commitment to
balance outreach efforts with enforcement and extend assistance to the homeless by connecting
them with services.
Mayor Tait offered congratulations to Mayor Pro Tem Moreno for his Access California address,
and thanked City staff, Larry and Sarma Rosenberg with Anaheim Ballet, the Savanna High
School Drum Corps, and the brew industry for their efforts with the State of the City, stating he
was proud of efforts across the city and honored to serve with his colleagues. He requested staff
research programs on making connections with senior citizens to combat isolation and loneliness,
a review from the Police Chief regarding crime statistics, and a workshop to show a TED Talk and
discuss ideas for the City flag.
City Council Minutes of February 6, 2018
Page 15 of 15
ADJOURNMENT:
With no further business and without objection, Mayor Tait adjourned the meeting of February 6,
2018 at 8:42 P.M.
Respectfully submitted,
�eresa Bass CMC
Acting City Clerk