02/27/2018ANAHEIM CITY COUNCIL REGULAR MEETING
OF FEBRUARY 27, 2018
The regular meeting of February 27, 2018 was called to order at 3:04 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 23, 2018.
PRESENT: Mayor Tait and Council Members: Jose F. Moreno, James Vanderbilt,
Denise Barnes, Lucille Kring, and Stephen Faessel. (Council Member Kris
Murray joined during Closed Session)
STAFF PRESENT: Interim City Manager Linda Andal, Acting City Attorney Kristin Pelletier, and
Acting City Clerk Theresa Bass
WORKSHOP - Mid -Year Budaet Review
Finance Director/City Treasurer Debbie Moreno reported the workshop would provide a recap of
the adopted budget, review some accomplishments relating to current Citywide projects and
services, a General Fund update with projections on what to expect at the end of the year,
projects for consideration, and the budget calendar for the upcoming FY 2018/19 budget.
Ms. Moreno reported that with another year of strong revenue growth and continued positive
momentum, the adopted budget of $1.9 billion, including transfers, provided strategic core
services and service enhancements that continued to strengthen neighborhoods. The budget
was comprised of many different sources of funding and the biggest portions of the overall budget
were within funds that were restricted for specific activities. The General Fund made up 21 % of
the total budget and supported the city's core services. The adopted budget included financial
sources of $397.7 million and ongoing financial uses of $397.6 million, reflecting a balanced
budget.
Ms. Moreno highlighted some key projects and services departments have been working on for
the first half of the fiscal year. As for homeless outreach efforts, including a number of initiatives
under Coming Home Anaheim, Council approved Better Way Anaheim, an innovative pilot
program offering voluntary community service projects for those who are homeless. Council also
adopted a framework from the Homeless Policy Working Group, appointed Sandra Sagert as the
Homeless Liaison for the City, and hosted the Operation Home SAFE Community Triage Day at
Angel Stadium, providing services to over 640 individuals, with 55 people beginning the process
to transitional housing. These initiatives add to all of the hard work staff does with homelessness,
including providing housing and shelter assistance.
In addition, the Police Department continued to make a dedicated effort engaging the community
with youth programs such as the Public Safety Pipeline, Junior Cadets, and Cops 4 Kids
programs; and community meetings including the PACE (Public Awareness through Citizen
Education) presentations and Coffee with a Cop, helping to build a relationship of understanding
and trust with community residents. Other highlights include modifying how calls were
dispatched, to reduce Priority 1 & 2 response times. This modification helps Dispatch route the
most urgent and pressing calls to Patrol more efficiently. Additionally, the Homeless Outreach
Team (HOT) continued to work closely with other departments and key stakeholders to address
calls for service related to homelessness in public spaces citywide, helping to ensure that those
who want assistance get connected to the right resources. Also, to help deter criminal activity
and to ensure parks remain beautiful and safe to use, the Overt Surveillance Camera Pilot Project
was kicked off at Maxwell, Twila Reid, and Brookhurst Parks. Ms. Moreno reported staff was
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evaluating the effectiveness of the pilot program and has started Planning for Phase 2 in order to
determine the most effective way to expand and support the camera system.
The Fire & Rescue Department addressed brush fires in 2017 and events like the Canyon Fires
demonstrated how collaborative and dedicated the firefighters and staff were in addressing
emergency situations, from those at the frontlines making sure people and their properties were
safe, to the representatives from each department who helped with the shelters and call center.
A situation like this calls for the expertise of all staff, and fire outreach education and prevention
programs make it equally important to engage the community, with programs such as the brush
clearance program, wildland fire prevention events, and Fire Boot Camp.
Ms. Moreno highlighted exciting additions and improvements made to neighborhoods. In
December 2017, the city unveiled the new 18,400 square foot Ponderosa Park and Family
Resource Center. The center offers a host of amenities and programs for the entire family,
providing a safe and positive space for residents to enjoy. Other improvements included a lobby
and patio renovation at Brookhurst Community Center, exercise and restroom renovations at
Pioneer Park, and a new entry point to the Anaheim Coves trail. Other park accomplishments
include an updated play area at Ronald Reagan Park and Sycamore Park, as well as the
KaBOOM! funded playground at Willow Park, that brought over 300 volunteers and took less than
eight hours to build. Ms. Moreno reported the Pearson Park KaBOOM! that opened this past
weekend was the 10th funded playground, with two more KaBOOM! projects planned in the next
two years.
Ms. Moreno reported that Public Utilities Department played an active role in monitoring key utility
facilities, power, and water pressure in response to Canyon Fire 2, and assisted with emergency
responders using water from Walnut Canyon Reservoir to battle the fire. The hard work of staff
also helped Anaheim's Water Utility receive the Platinum Award for Utility Excellence, the highest
recognition issued by the Association of Metropolitan Water Agencies, and representing one of
five member agencies nationwide to earn the Platinum Award in 2017. Additionally, staff in
Utilities work closely with Anaheim youth through mentorship programs like Anaheim Innovative
Mentorship Experience, and conducted tours of the water recycling and filtration plants, to expose
and help students explore careers in the utility industry. One outcome from engagements like
these included the colorful art design by an 8' grade student that was placed on the City's bottled
water, as students were challenged to express their creativity while encouraging water
conservation.
Ms. Moreno stated the expansion of the Convention Center, Betterment VII, was officially
completed in September 2017 and featured 200,000 sq. ft. of flexible convention & meeting space
and a climate -controlled bridge connection, securing its position as the largest exhibition facility
on the west coast. This fiscal year alone, the City hosted the American Heart Association for the
first time since 2001 and grew the attendance at its biggest annual event with the NAMM
Convention bringing in over 115,000 visitors.
Ms. Moreno reported progress continued on multiple capital improvements, including
undergrounding and LED Streetlight replacements throughout the city that help improve street
visibility and pedestrian -friendly sidewalks, and a rehabilitation of the La Palma Water Complex to
improve distribution of water and peak pumping capacity to fight fires and meet maximum day
water demands. As for development, some development projects included Jefferson Stadium
Park located at Gene Autry Way and State College Boulevard, one of the largest developments
right now in Anaheim with construction underway on the first 746 units of the 1,079 unit mixed-
use project, and the remaining 333 units and 14,600 square feet of commercial area anticipated
to begin later this year. Other residential units under construction included the first 400
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apartment units in the A -Town Metro development on Katella Avenue and State College
Boulevard and 153 townhomes by Trumark on Lewis Street.
Ms. Moreno reported that the largest general fund revenue source, Transient Occupancy Taxes
(TOT), made up 39% of the total revenue at $155.6 million. The adopted budget represented a
3.5% increase over the previous year. Just past the half -way point, Ms. Moreno reported the city
was slightly above the year-to-date budget, with staff projecting to be just slightly above target at
the end of the year. Sales and Use Taxes were at 21 % or $82.6 million of the general fund
revenue sources. Sales tax growth has moderated and the budget reflected 2.4% growth from
FY 2017. Staff currently expected Sales Tax revenues to be slightly under budget at year-end.
Property taxes were at 18% or $73.1 million of the general fund revenue sources. The adopted
Property tax revenues reflected an increase of 3.8% over last year. Revenues were trending in
line with the adopted budget and were expected to be on target at year-end.
Ms. Moreno reported that General Fund uses included services, economic development, debt
service, and capital outlay. The biggest piece of the pie was services, at 79%, which consisted of
labor or personnel costs including Full -Time, Part -Time, and related benefit costs as well as other
operating expenses which included office supplies, equipment maintenance, contract services,
and other day to day expenditures. Debt service expenditures represented the repayment of
principal and/or interest on borrowed funds and made up 20% of the General Fund uses. The
majority of debt service was transferred out and paid through restricted debt service funds.
Capital outlay represented the purchase of office equipment, furniture, computer hardware, and
vehicles that were funded by unrestricted sources and made up less than 1 % of General Fund
uses. The remaining 1% equals $2.7 million and was used for economic development programs.
Ms. Moreno highlighted the services portion and provided a detailed breakdown by functional
group. Of the services provided to the Anaheim community, the largest share (2/3) related to
Keeping Us Safe, which included Police and Fire. Departments focused on ensuring the quality
of life made up 17% of the services. Public Works and Public Utilities maintain infrastructure and
made up 7% of General Fund Services. The remaining 10% was associated with administrative
departments who ensure that operations were supported effectively and efficiently.
Ms. Moreno reported total sources of $397.7 million and base uses of $397.6 million, included
ongoing service enhancements for 10 Police Officers and Ponderosa operating expenses. At the
time the budget was adopted, beginning reserves were projected to be $33.1 million. Revenues
outperformed expectations in Fiscal Year 2016/17 and that reserve amount was higher than
projected. In Fiscal Year 2018/19, the budget was not balanced in the 5 -year forecast. There
may be some shifting among revenue or expenditure categories, but staff expects the net to
remain the same. Should the shortfall remain for Fiscal Year 2018/19, the city could use the
surplus from last year to cover it. As for preliminary projections, staff expects TOT to exceed
budget slightly. Sales and Use Taxes were projected to be lower, as were property taxes. Ms.
Moreno stated development continued to be strong, so other revenues would likely exceed
budget, but transfers from other funds were projected to be lower. Total sources of revenue were
projected to be lower by just over $1 million. Staff is projecting a modest savings in the
expenditure budget, but transfers to other funds were higher resulting in an increase of $600,000
in financial uses. The net was a change of $600,000 from the adopted budget. Ms. Moreno
explained one-time revenue was received, in the amount of $6.3 million, related to the sale of
land. Since this was one-time revenue, it cannot be used to balance operating costs or the deficit
in the five-year forecast. At Council's discretion, it can be used to fund one-time projects or
priorities, or it could be added to the reserves to build resources for future needs. At the
December 5 meeting, Council supported additional resources of $100,000 to be allocated to the
City Manager's Office for the homeless triage event. With the remaining $6.2 million, Council
could consider some of the identified needs presented. Additionally, under a new Council policy
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to transfer 25% of surplus funds at year-end to neighborhood projects, $1.8 million was set aside
for Neighborhood Reserves and can be allocated at Council discretion.
Ms. Moreno reported that staff recommended that City Council use no more than 50% of the land
sale proceeds, or $3.1 million, at this time to ensure sufficient resources on -hand should
something unexpected arise. In keeping with this City Council's vision to enhance public safety
and neighborhoods, staff has identified approximately $2.0 million in one-time costs for projects
and purchases, which include:
• $330,000 for restroom renovations at five parks — including Modjeska, Twila Reid, Walnut
Grove, Yorba, and Pearson Parks
$185,000 for athletic field renovations at four parks — including Twila Reid, Chaparral,
Willow, and Peralta Parks
$200,000 for Wetlands Vector and Vegetation Control — Funding would provide for
removal of excess vegetation in the wetlands area of East Anaheim, next to the Santa
Ana River at La Palma & Weir Canyon Road, which leads to prolific amounts of mosquitos
and creates difficulty in accessing the areas in order to treat and reduce conditions
favoring the development of mosquitos
• $200,000 to replace the show wagon - The show wagon elevates an event when a stage
is not part of the location. It is used for City and community events such as the Children's
Festival, Anaheim Fall Festival and Halloween Parade, and 4th of July Celebration. A new
show wagon would have improved set-up with enhanced lighting technology and sound
replacing the current show wagon, which has limited use because of age and rust that has
made the stage extension unsafe to use
$160,000 for two fire vehicles - Anaheim Fire & Rescue currently has an operational need
for these vehicles that became even more critical during the recent Canyon Fires. These
additional vehicles, equipped with the necessary safety and communication equipment,
will allow fire personnel to promptly respond during any major incident where we call in
additional personnel
• $100,000 to continue with Traffic Signal Synchronization. To date, 100 intersections have
been completed out of 320. The next phase of the project would be the La Palma
Corridor, funded by a grant from OCTA, and the Resort Area in anticipation of increased
traffic with Star Wars Land opening in 2019. An additional 12 intersections would be
completed if funding is approved
• $450,000 for brush clearance in City parks
• $160,000 to remove and replace 337 high-risk trees - Trees are identified as high-risk
when they are in in severe decline, poorly structured, and/or diseased.
Ms. Moreno explained these items would individually come back to City Council for approval as
their costs exceeded staff's purchasing authority. She also explained there had been several City
Council requests during the year: to augment funding to the AIME program with Anaheim Union
High School District, raising the funding level by $55,000 from $45,000 originally budgeted, and to
add funding to a jobs program for the homeless.
Ms. Moreno reviewed the schedule for the coming months, with departments currently in the
process of preparing their budget proposals for FY 2018/19 which will be reviewed with the City
Manager to formulate a strategic plan with the City's Executive team in March. A capital
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workshop will be held on April 10th, followed by a User and Developer Fee workshop on April 241h
Community Meetings will be held in April/May and the proposed budget will be available in late
May. Budget Workshops will commence in May, with adoption of the budget scheduled for June
20.
DISCUSSION: Mayor Tait suggested the need to adjust expenditures based on projected
revenues and use reserves for unforeseen or emergency expenses and noted the Municipal
Finance Directors Association recommended having two months of reserves. He expressed
concerns with using reserves to balance the budget.
Ms. Moreno reported staff was in the preliminary stages of the budget development and if
forecasts held true, staff expected a deficit next year with the possibility of it turning positive,
afterwards. Staff may need to make cuts to balance the budget.
Council Member Faessel indicated wanting to ensure all Department requests are their most
important, agreed with the need to have a functionally -balanced budget without using reserves,
and asked staff to continue to be creative in evaluating expenses.
Council Member Vanderbilt referenced Council requests and asked for clarification. Ms. Moreno
reported they were requests that have been made throughout the year that were not addressed at
this point, but had not been forgotten by staff. She added the items were requested and were not
budgeted. Council Member Vanderbilt wondered about prioritizing the requests and matching
them to City Department priorities. He suggested Council work together when making requests,
to prioritize them when giving direction to staff.
Mayor Tait suggested a vetting of how much money staff recommends for Council requests to
establish priorities.
Interim City Manager Linda Andal reported when staff presents Council requests and Council has
not had an opportunity to vote on those budget items, there is a level of discretion given to the
City Manager to allow the City Manager and the Executive Staff to carry out the vision of Council.
Within that discretion, there is one-time money staff would like to spend to move in that direction,
but there is conversation to be had at the dais and on a go -forward basis, staff could investigate
opportunities to present Council requests prior to either mid -year or within the fiscal year. She
added she would like to work on developing a policy on how Council requests are handled to
avoid having staff invest time on an item that may not reach Council consensus.
Council Member Kring agreed with Council Member Vanderbilt and added every year, in January,
Council Members itemize ten items of interest and Council meets to prioritize them. She noted
this budget was tight and many Council requests have already been appropriated and
commented on the need to prevent wasteful spending of time and money. She suggested, for
this budget, Council requests could receive a low priority.
Mayor Pro Tem Moreno agreed with Council Member Vanderbilt's comments in terms of having a
process to prioritize Council requests. He noted the importance of the public understanding
funding sources for improvement projects including Federal grants. He wondered how much of
the General Fund was spent on infrastructure development and stressed the importance of the
public understanding staffs role in searching and applying for grants, and the City having to
depend on outside sources to provide neighborhood improvements. He listed items he would like
to see in the budget such as the possibility of increasing staffing ratios in the City, increasing
more -consistent programming in City parks, forming a more holistic approach to public safety,
expanding Library hours, researching the feasibility of having a full-service community center in
every political district in the City, and educating the public about where City dollars are spent and
how they are being used. Additionally, he stated he would be interested in creating a budget
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scenario that increases investment in small businesses and neighborhood investments as part of
a revenue -generating component.
Council Member Barnes referenced a decrease in property taxes and asked why it would
decrease considering all the new developments in the City. Finance Director/City Treasurer
Moreno stated staff was only projecting to be under budget by $100,000, the decrease in property
taxes was not significant, and added the budget showed 3.8% growth where it usually shows 4%
growth.
Council Member Kring reported the Ponderosa Park was almost entirely funded from the
development fees in the Platinum Triangle and the operation and maintenance, going forward,
will be completely covered by TOT.
In response to Mayor Pro Tem Moreno's question, Finance Director/City Treasurer Moreno
reported this was part of on-going enhancements included this year and were paid for with
general tax revenues. She added the cost of the community center building was approximately
$16 million.
Mayor Tait indicated he would like to see robust discussion regarding out -years and shared a
conversation he had with the Executive Director of CALPERS, who reported the State will be
looking to push higher annual payments on cities and will probably drop discount rates. He
believed it painted a stormy picture, going forward, in the long-term. Additionally, he requested
information on convention center debt as well as operations as part of the budget and the effect
the ARTIC operation has on the budget, including General Fund and Streets and Roads. Mayor
Tait agreed with Mayor Pro Tem Moreno in terms of the need for investment in community
centers. He noted if a city has great neighborhoods, businesses will come to that city so
investing in neighborhoods was investing in economic development.
In reply to Mayor Pro Tem Moreno's inquiry, Finance Director/City Treasurer Moreno reported the
process and timeline will be very similar to last year's, including educating the public and allowing
for public input. She reported the process was started much earlier and stated Council will have
the opportunity to review feedback from the public.
ADDITIONSIDELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 3:59 PM., Mayor Tait recessed to Closed Session for consideration of
the following items:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Estate of Gustavo Najera v. City of Anaheim, et al., USDC Court Case
No. SACV16-01243-JLS
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)
Title: City Attorney
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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
Name of Employee Organizations: City Attorney
At 5:19 P.M. the Anaheim City Council was reconvened .
INVOCATION: Pastor Joel Van Soelen, Anaheim Christian Reformed Church
FLAG SALUTE: Council Member Lucille Kring
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclamation recognizing February 12-16, 2018, as Project S.A.Y.'s Teen
Dating Violence Awareness Week
Natalie Pantoja and Vanessa Chavez, Project S.A.Y., thanked Council for the recognition
proclaiming February 12-16, 2018, as Project S.A.Y.'s Teen Dating Violence Awareness Week.
ADDITIONS/DELETIONS TO THE AGENDA: None
Mayor Tait considered the agenda out of order and requested the City Manager's Update prior to
Public Comments.
CITY MANAGER'S UPDATE:
Interim City Manager Linda Andal provided an update on County efforts to address homelessness
at the Santa Ana River Trail in response to lawsuit settlements determined and ordered by Judge
Carter, including entire clearing of the trail from Ball Road to 1-5, motel vouchers provided by the
County, an additional 60 beds at the Bridges at Kraemer facility, and mental health assessments,
concluding that 719 individuals have been motel -housed or sheltered over the past two weeks.
She reported the camping ordinance was still in effect and some complaints have been received
regarding possible encampments on railroad and Caltrans properties, which the Homeless
Outreach Team (HOT) was actively visiting daily to provide resources and information.
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum
statement was provided by Acting City Clerk Theresa Bass.
Paul Hyek stated he heard there were 90 beds at the Bridges at Kraemer facility, for those living
on the riverbed. He addressed allowing people to roll in and out on bicycles instead of putting
them on shuttles, noting drivers were not "B" rated but rather Class C. Additionally, he
expressed concerns that the WiFi at Kraemer was being monitored and reported a homeless
encampment along the railroad right-of-way.
Cecil Jordan Corkern, Outreach Homeless Ministries, read a passage from the Bible, spoke
regarding hidden, sexual messages in Disney films, addressed Mouse Tales, and referenced
reports about tourism decreasing. He offered copies to Council when it was completed.
R. Joshua Collins, Homeless Advocates for Christ, commented on the work of Judge Carter,
spoke about Jesus being homeless, and suggested the need to be less materialistic. He asked
the City to repeal or amend the anti -camping ordinance and practice compassion and mercy.
Dr. Cynthia Smith, Program Director, Creative Identity, spoke about her organization and
thanked Council for allowing them to offer programs through the Anaheim Accessibility Center.
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She announced their first resource fair at the Anaheim Accessibility Center, Focus on the Fine
Arts, on March 28, 2018, between 5:30 P.M. and 7:30 P.M. and distributed flyers with additional
information.
Sandy Lamar spoke regarding parking challenges in the City, noting increases in the number of
cars on the road. She noted it was expensive to live in the City and there were multiple families
living together and parking overflow negatively affected her neighborhood. She complained of
debris and people living in cars, and suggested allotting 1 %2 parking spaces per unit bedroom
and increased inspection of garages; adding that apartment dwellers should use garages for
parking and not storage.
John Dunton reported the issue regarding St. Justin Martyr School had been resolved and
thanked Council for its support. He referenced the recent shooting in Florida and reported
delivering flowers for twelve of the seventeen victims of the shooting and met with the families.
He encouraged everyone to pray for a sixteen -year-old victim who was on life-support. He
reported the need to initiate a gun buy-back program in Anaheim, get guns off the street, and
keep residents safe. He addressed Walmart on Anaheim and Lincoln, noting they have been
complaining of increased shoplifting and problems with the homeless. He reported contacting
the Police Department and they have been patrolling the area, resulting in a drop in crime. Mr.
Dunton noted new Police Officers in Anaheim and suggested Police Chief Julian Harvey
deserved a chance.
William Fitzgerald, Home Owners Maintaining Our Environment, commented on Council
candidates spending much of their own money on getting elected. He alleged most Council
Members were corrupt, on the take, and receiving bribes. He detailed accusations against
Mayor Tait and Council Members Kring and Murray, as well as the FBI.
Wayne Woodard asked regarding the length of the parking permit process.
Mayor Tait referenced Item No. 02 and reported Council would act in a
subsequent meeting after receiving public input. He commented on the new
program and referred Mr. Woodard to staff for follow up.
John Acosta expressed concerns with the length of time for processing parking permit
applications and hoped Council will resolve the parking situation.
Mohammed Rahman spoke in support of permit parking and urged Council to do something to
resolve the parking situation in the City.
Trevor O'Neil spoke in support of Item No. 24, noting that among California's ten largest cities,
Anaheim was the only one to fill a vacancy of a publicly elected office by means of appointment,
and he believed continuing the current practice goes against the spirit of district elections. He
shared an example of the Orange County School District Board, which had an unscheduled
vacancy, and Trustees voted to fill it by appointment. The community was outraged, petitioned
for a special election, and the appointed incumbent lost the election by a huge margin. He
posited that Anaheim does not want to be faced with a similar situation. He added the timing of
when to put this on the ballot warranted further discussion, noting if the City waited until
November, it would save $250,000 and Council could mitigate the potential consequence of a
post-election appointment that might occur before the measure was enacted, by adding
language to the effect that if there was a seat that was held at the time of enactment, that
immediately upon enactment, a special election would be called to fill that seat. He urged
Council to give the people a chance to have their voices heard.
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Robert Mirshafiee shared an incident where he fell in a restaurant and EMS was called. He
stated he refused their services and the Fire Department ordered the ambulance company to
take him against his will. He reported he did not receive services at the hospital but received a
bill from the Fire Department for $350.00. He reported speaking with the Fire Chief and being
told he would need to file a report with the Police Department. He reported doing so, but stated
the Police Department did not investigate the matter. He stated he received another letter
threatening to go to collections and asked Council to help him resolve the matter.
Mike Robbins, Housing is a Human Right, Orange County, reported meeting with Florida
representatives and shared their success dealing with the homeless. He addressed the clearing
of the riverbed and individuals who where there to help, noting nothing was supplied by the
County in terms of water or food. He reported many of the homeless want jobs and are willing to
line up for twelve hours, without food or water, for a roof over their heads. Mr. Robbins urged
Council to be generous to the poor and read a related passage from the Bible.
Jeanine Robbins reported for the last two weeks, there have been many advocates in the
riverbed trying to help people with a smooth transition. She reported the County has made
things more difficult by having people run back and forth between Katella and Orangewood,
waiting in various lines. She shared an incident with a disabled couple who she transported to
Katella in her vehicle and there were many Sheriffs Deputies and County employees who did
not help her when they observed she needed help. She reported Bryan Kaye helped her unload
the gentleman and led the couple into the right lines for help. Ms. Robbins stated she asked
Susan Price for help, but received none. She reported the couple was placed on the second
floor of a motel and were not given food or clothing. She thanked Mr. Kaye for his help and
presenting her with a sign he made for her.
Tamara Jimenez, Anaheim Lighthouse, thanked Council, the Anaheim Police Department, and
the Anaheim Fire Department for their endless work. She reported she and Colin Womer, Drug
Free Anaheim, were doing outreach for the homeless living on the riverbed for the last eight
months. Until the lawsuit was filed, they have successfully placed twenty people from the
riverbed into treatment. She added during the recent Triage Day, Colin had over twenty beds
available through Drug Free Anaheim and five people accepted services. She added as soon as
the lawsuit was filed, everyone on the riverbed became treatment -resistant and not one person
accepted help for treatment, opting instead for a motel room for thirty days. She reported she
and Colin would continue their work helping those addicted to substances and thanked the City
for its support. She announced a Resource Fair on April 14th at the Salvation Army, which will
focus on education, prevention, and resources and services for the entire family.
Lou Noble commented on circumstances leading to homelessness and expressed concerns they
are categorized as criminals under the anti -camping and storage ordinance. He opined the
Kraemer facility was only a bandage on a big wound that grew over the years. The community
declared a state of emergency long before Council did, and nothing has been done to resolve
the situation. He reported speaking with officials from other cities who have declared
criminalizing the homeless was not the answer. He spoke in support of affordable housing, rent
control, and Al Fresco Gardens and urged Council to stop criminalizing the homeless and
implement a "Housing First' model.
"The Cameraman" reported he understood one of the longest, illegally -operating dispensaries in
Anaheim was shut down several weeks ago but was in operation again. Now that Proposition
64 has passed, he encouraged the City to find a solution to legalized dispensaries in Anaheim.
He reported attending community meetings at each district and thanked Mayor Pro Tem Moreno
and Council Members Barnes, Vanderbilt, and Faessel for showing interest in their community.
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He referenced previous discussions about the City flag and submitted examples of possible
concepts. Additionally, he spoke briefly about free speech and hate speech.
Kenneth Batiste, Housing is a Human Right, commented on the recent clearing at the riverbed
and commended advocates who helped. He commended Judge Carter on his recent decision
and spoke about the Disneyland. He referenced comments made by Mr. Fitzgerald about
Council Member Murray and opined there was a conflict of interest.
Council Member Murray stated Mr. Fitzgerald's comments were false and noted
she does not work for a company affiliated with Disneyland.
Dianne Markis, Resident Manager, Anaheim Marriott, shared ways in which the Anaheim
Marriott works to support the Anaheim community. She reported 40% of their associates are
residents of Anaheim; over the past five years, they have been able to bring 92,000 additional
working hours into the hotel for associates; and thanked Visit Anaheim for their help in bringing
tourists to the area. Additionally, she reported the Anaheim Marriott has an on-site health coach,
in partnership with Kaiser Permanente, that establishes health education for associates to learn
how to live healthy lives and promotes the Marriott Take Care Wellness Program. She
highlighted outreach programs they promote throughout the year, including the We Give Thanks
Program, supporting the Anaheim Ducks "Ducks for Bucks" Campaign, supporting the local Boys
and Girls Club, and working in partnership with the Children's Miracle Network. She added they
look forward to continuing working in partnership with the community for years to come.
In response to Mayor Pro Tem Moreno's questions, Ms. Markis reported they have just
over 700 employees and the average rate of pay, depending on positions and including
benefits, ranges from $16/hour and up.
Wes Jones spoke in support of restoring services at the La Palma Check-in Center including
housing, food distribution, and health services. He reported the impact of clearing the riverbed
was not yet known but noted the myth that people do not want services has been shattered.
Additionally, he recognized Bryan Kaye on his advocacy efforts and helping the elderly and
handicapped receive services.
Vern Nelson commented on the Lincoln widening and referenced Items No. 14 and 15, noting
the need for funding. He spoke in support of Item No. 24, commented on Disneyland offering
$1,000 bonuses to employees. Regarding the latter, he reported there was a lot of fine print and
employees do not receive the bonus unless they agree to a labor contract. He reported the
Disney Hotel pays less than other hotels in the Resort District and invited Council to meet with
some of those people tomorrow night at 6:00 P.M., at the Sheraton Hotel.
Mark Richard Daniels noted there were activists of all kinds at the meeting and expressed
concern that other candidates running for Council were not in attendance. He spoke about gun
ownership, noted people do not need military -style weapons, and commended students for
leading the charge against automatic weapons and the NRA. He added those who developed
the Second Amendment never foresaw there would be military weapons among the masses and
noted everyone must stand up against this.
Bryan Kaye thanked Ms. Robbins, Mr. Jones, and Mayor Tait for acknowledging his work with
the homeless. He spoke about his experience in the City and commented on County Sheriffs
not knowing what to do during the clearing of the riverbed and asking advocates for help. He
hoped Council will reach out to him to make some needed changes.
Pat Davis reported the clearing of the riverbed went smoother than expected and thanked the
County for its help. She reported the County was overwhelmed and advocates continue helping
City Council Minutes of February 27, 2018
Page 11 of 29
the homeless that have been placed in motels. Ms. Davis reported there have been no
complaints from residents and commended the advocates for their help. She hoped Council will
help in pushing the County to help the homeless and commented positively on Judge Carter's
decision. Additionally, she commented on the need to re-establish services at the La Palma
Check-in Center and invited Council to visit tomorrow evening.
Cynthia Ward commented positively on the efforts of the Project S.A.Y. students. She spoke in
support of Item No. 24 but expressed concern there may be a gap whereby there was no
leadership because of an unscheduled vacancy. She suggested there be a temporary
appointment until a replacement was voted in. She congratulated Public Works Director Rudy
Emami, Planning & Building Director David Belmer, and Interim Police Chief Julian Harvey for
their work in Item No. 2. She added until the City stops glorifying low-wage labor as the
economic engine of the City, parking issues will not be resolved; adding the City needed to
change its economic base, stop focusing on TOT, and start working on property tax and sales
tax, as they were a more -stable tax base.
A male speaker with anaheimneedsimprovement.com expressed concerns with transparency.
He referenced Miscellaneous Professional Services, noting that it could be millions of dollars
and there was no detail in the budget or explanations. He referenced Item No. 07, noting that
device was used increasingly for expediency, wondered about transparency of the process, and
suggested simplifying web access.
Michael Rodriguez thanked Council for supporting skateboarding in the City. He reported there
was a grassroot community in District 1 comprised of people who are interested in working
towards renovation of Brookhurst Park. They are working to improve the structure of the group
and allocate funds to improve the Skate Park and benefit the community.
David Duran thanked Council for its efforts in the clearing of the riverbed and its concern for the
community. He reported there were still many homeless throughout the County and City, and
there was still a need for outreach and results.
Mark Johnson provided a brief history of the Brookhurst Park Skate Park and thanked Council
for it work in improving it.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Mayor Tait reported the Better Way Anaheim program, through Love Anaheim, provides day jobs
to the homeless and shared the decision by Chrysalis to expand their program to Anaheim to
provide more permanent jobs through a staffing -services model.
Council Member Murray looked forward to the Chrysalis program in Anaheim and shared slides
and results of the efforts on the Santa Ana River Trail to place the homeless into shelters and
provide services.
Council Member Faessel announced the passing of three individuals involved in Anaheim:
George Damiano, Anaheim crew supervisor; Richard.Jaedicke, continuing education teacher; and
Norman Pape, Anaheim High School graduate; and requested the meeting be adjourned in their
memory. He showed a video and recognized Anaheim Firefighters Jason Helms and Jamison
Bennett for rescuing an American flag while fighting a structure fire.
Mayor Pro Tem Moreno thanked staff for the budget workshop, encouraged residents to watch
the video, and requested park programming and staffing ratios be addressed during budget
considerations along with Sunday hours for libraries. He expressed pride with the Project S.A.Y
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City Council Minutes of February 27, 2018
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students' efforts and addressed the efforts regarding the homeless on the riverbed, citing issues
with County staffing and salaries and recognizing the efforts of plaintiffs and attorneys.
Council Member Vanderbilt acknowledged the civility of public comments.
Council Member Kring requested the meeting be adjourned in memory of the 17 victims of the
Florida school shooting and offered thoughts and prayers for that community and all affected.
Council Member Murray announced Council and staff had been studying the parking issues with
input to be received from the public, and as part of addressing the Florida shooting incident, there
would be a program at Canyon High School on March 6th at 6:00 P.M. regarding school safety.
CONSENT CALENDAR: At 7:22 P.M., the Consent Calendar was considered with Council
Member Murray pulling Item No. 02, Council Member Barnes pulling Item Nos. 05 and 11,
Council Member Vanderbilt pulling Item No. 21, and Mayor Tait pulling Item No. 22 for separate
consideration and discussion, and Mayor Tait declaring a potential conflict of interest on Items
No. 07 and 13.
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 Faessel. ROLL CALL VOTE: AYES — 7:
(Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel).
NOES — 0. ABSTAIN — 0. Motion carried.
Receive and file minutes of Library Board meeting of January 8, 2018.
3. Approve recognitions recognizing the 5th Annual Community Pride Poster Contest winner;
Students Against Destructive Decisions first conference (March 2-3, 2018); Kids to Parks
Day (May 19, 2018); National Association of State Approving Agencies Summer
Conference (August 2018); and Asian Business Association of Orange County Day
(February 13, 2018).
4. Approve the Investment Portfolio Report for January 2018.
6. Award the contract to the lowest responsible bidder, Williams Pipeline Contractors, Inc., in
the amount of $512,615, for the Calle Principia and Avenida la Vida Water Main
Replacement Project, approve the construction contract, authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions, and determine that the
project is categorically exempt from the California Environmental Quality Act pursuant to
Section 15302(c) of Title 14 of the California Code of Regulations.
7. Accept the proposals and approve Professional Services Agreements, in substantial form,
with 32 consultants, each in an amount not to exceed $400,000 per work order package
with a limit of $1,000,000 per consultant per contract year inclusive of extra work, for on-
call professional design, planning and construction support services for parks and
recreation -related capital projects to support the Community Services Department for a
three-year term with up to two one-year extensions; authorize the Director of Community
Services to execute each agreement and take the necessary actions to implement and
City Council Minutes of February 27, 2018
Page 13 of 29
AGR -10998
AGR -7497.A
AGR -7534.A administer the agreements; and authorize changes to the agreements that do not
AGR -7507.A substantially change the terms and conditions of the agreements, so long as such
AGR -7554.A changes are determined to be de minimis by the City Attorney's Office (Albus-Keefe &
AGR -7553.A Associates, Inc.; A -Z Playground Safety, Inc.; BB Architects, Inc.; BGB Design Group;
AGR -7499.A Y9 Y g
AGR -7502.A Blais & Associates, Inc.; Clark & Green Associates; David Evans and Associates, Inc.;
AGR -10999
AGR -1485.0 David Volz Design; Design West Engineering; Dougherty; Environmental Science
AGR -7506.A
AGR -11000 Associates; Fuscoe Engineering, Inc.; Harrington Geotechnical Engineering, Inc.; Jeff
AGR -7500 -A
AGR -7533.A Oviedo & Associates Inc. DBA JOA Group; Keyser Marston Associates; Kitchell CEM,
AGR -7510A Inc.; KPFF Consulting Engineers; Linwood Engineering Associates, P.C.; LRA Engineers;
AGR -11002 LSA Associates, Inc.; Michael Baker International, Inc.; MIG, Inc.; Nuvis Landscape
AGR -7509.A p
AGR -11003 Architecture; PlaceWorks; PSOMAS; RHA Landscape Architects Planners, Inc.; Robert
AGR -7539.A p
Borders & Associates; RRM Design Group; The Inland Urban Forest Group; Thirtieth
Street Architects, Inc.; Toal Engineering, Inc.; and Twining, Inc.).
Mayor Tait reported a potential conflict on Item No. 7 and recorded an abstention. Council
Member Kring moved to approve, seconded by Council Member Faesse/. Roll Call Vote: AYES
— 6: (Mayor Pro Tem Moreno and Council Members Murray, Vanderbilt, Barnes, Kring, and
Faesse/) NOES — 0. ABSTENTION — 1: (Mayor Tait). Motion Carried.
AGR- 8. Waive Council Policy 4.1 and approve an agreement with HeliStream, Inc., in an amount
4953.0 not to exceed $30,000 annually, for primary and advanced helicopter pilot training
services with three one-year optional renewals, and authorize the Chief of Police, or his
designee, to administer the agreement and execute any amendments or optional
renewals under the terms and conditions of the agreement.
D180 g Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue a Master Agreement with BrightView Landscape Services, Inc., in an
amount not to exceed $850,000, for landscape maintenance services for the west portion
of the Anaheim Resort Maintenance District and the areas in and around the Anaheim
Convention Center for a minimum of five months beginning March 1, 2018 to allow for a
new scope of work to be developed, bid and awarded; and authorize the Purchasing
Agent to exercise a month-to-month carry over option, as needed, not to extend beyond
December 31, 2018.
D180 10. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue a purchase order to Trane, Inc., in the amount of $72,418 plus applicable
taxes, for furnishing and installing one Trane HVAC air handler unit with all related
modifications for the Anaheim Police Department facility based on a cooperative
purchasing agreement issued by the U.S. Communities organization and Harford County
Public Schools pursuant to Contract No. 15-JLP-023 which meets the criteria required by
Council Policy 4.0 for purchases of equipment and related installation services.
AGR- 12. Approve an agreement with System Innovators, in an amount not to exceed $76,140 plus
11004 a 10% contingency, for the design, configuration, testing, and implementation of an
application programming interface (API) for the iNovah cashiering system and authorize
the Finance Director/City Treasurer to authorize any amendments under the terms and
conditions of the agreement.
City Council Minutes of February 27, 2018
Page 14 of 29
AGR_ 13. Approve a License Agreement with the County of Orange to authorize the use of
7082.1 designated office and programming space at the Ponderosa Park Family Resource Center
located at 320 E. Orangewood Avenue for the purposes of operating a Women, Infant and
Children Supplemental Food Program for a period of five years.
Mayor Tait reported a potential conflict on Item No. 13 and recorded an abstention. Council
Member Kring moved to approve, seconded by Council Member Faesse/. Roll Call Vote: AYES
— 6: (Mayor Pro Tem Moreno and Council Members Murray, Vanderbilt, Barnes, Kring, and
Faessel) NOES — 0. ABSTENTION — 1: )Mayor Tait). Motion Carried.
AGR_ 14. Approve the Agreement for Acquisition of Real Property with Trustee Xavier O. Campos,
11005 in the total payment amount of $12,000, for property located at 1437 East Lincoln Avenue
for a portion of right-of-way for a street and public utility easement and a temporary
construction easement for the Lincoln Avenue Widening Project from East Street to
Evergreen Street (R/W ACQ 2016-00779).
P124 15. RESOLUTION NO. 2018-015 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 Deeds Nos. 12186 and 12187) (Lincoln Avenue
Widening Project from East Street to Evergreen Street and future City uses requiring
rights-of-way).
Pilo 16. RESOLUTION NO. 2018-016 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to vacate portions of certain public streets,
highways and easements (Abandonment No. ABA 2017-00358) (Public hearing
scheduled for March 27, 2018; portions of the public alley adjacent to 505 - 555 and 536
North Euclid Street, east of Fairhaven Street, west of Euclid Street, north of Westmont
Drive and south of Crescent Avenue).
R100
17. RESOLUTION NO. 2018-017 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit an
application to the United States Department of the Interior Bureau of Reclamation for the
WaterSMART Grants: Drought Resiliency Projects for Fiscal Year 2018 for the Modjeska
Park: Urban Model for Storm Water Detention and Infiltration Project and if awarded,
authorizing the acceptance of such grant on behalf of the City and amending the budget
accordingly and determining that these actions are exempt from the California
Environmental Quality Act (CEQA) pursuant to Guideline Section 15303 ($750,000 in
grant funds).
R100 18. RESOLUTION NO. 2018-018 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the Community & Economic Development Director, or his
designee, to submit an application, on behalf of the City of Anaheim, to the Mobile Source
Air Pollution Reduction Committee (MSRC) 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 Community & Economic Development Director, or
his designee, to utilize the MSRC grant funds to purchase or lease electric vehicles in
partnership with the Anaheim Transportation Network (ATN); and determining the project
City Council Minutes of February 27, 2018
Page 15 of 29
is exempt from the California Environmental Quality Act pursuant to Section 15061 of Title
14 of the California Code of Regulations ($239,560 in grant funds).
D175 19. RESOLUTION NO. 2018-019 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting the "Anaheim Master Plan of Storm Drainage for South and
East Santa Ana River Tributary Areas January 2018".
20. RESOLUTION NO. 2018-020 A RESOLUTION OF THE CITY COUNCIL OF THE
D154.5 CITY OF ANAHEIM approving a Labor Management Worker's Compensation Dispute
Resolution Agreement between the Anaheim Firefighters Association Local 2899 and the
City of Anaheim (establishing an Alternative Dispute Resolution Pilot Program for workers'
compensation claims for a two-year period).
23. ORDINANCE NO. 6430 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Chapter 6.16 (Weed Abatement) of Title 6 (Public Health and
Safety) of the Anaheim Municipal Code requiring landowners to keep their property free of
brush, refuse and/or noxious growth and allowing the City to abate the same on an
expedited basis in cases of extreme fire danger, and finding and determining pursuant to
the California Environmental Quality Act (CEQA) that this ordinance is not a project
pursuant to Sections 15060(c)(2), 15060(c)(3) and 15378 of the CEQA Guidelines.
Direct the Planning and Building, Public Works, and Fire and Rescue Departments to
initiate amendments to the Anaheim Municipal Code, as necessary, to require fire-
resistant planting materials, and, as an interim measure, apply the Recommended
Acceptable Fire Resistive Plant Species List published by the Cal. Fire State of California
when processing requests for landscape modification and restoration applications within
the City's Very High Fire Severity Zone.
END OF CONSENT CALENDAR:
D175 2. Receive and file the draft Residential Permit Parking Guidelines and draft ordinances
related to permit parking on designated public streets, large vehicle parking and the
parking of vehicles "for -sale" on designated public streets (documents available for public
review and comment on City's website, including a town hall meeting to be held on March
13, 2018, 6:00 p.m. in the City Hall Council Chambers before being presented to City
Council in final form at the Council meeting of March 27, 2018).
Public Works Director Rudy Emami introduced David Belmer, Acting Deputy City
Manager/Planning Director, Jamie Lai, Traffic and Transportation Manager, and Lauren Mattern,
Consultant with Nelson Nygaard. Mr. Emami reported that this item was to receive and file the
Draft Residential Permit Parking Guidelines and Draft Ordinances related to the permit parking
update. The documents will be available for public review and comment until March 19. Staff will
receive and consider all comments received by March 19 and were scheduled to come back to
Council with their recommendations for consideration at the March 27 Council Meeting.
City Council Minutes of February 27, 2018
Page 16 of 29
Mr. Emami reported the permit -parking program has had a long history, beginning in the 1980s
with refinements over the years. He stated on -street parking spaces were increasingly in high
demand as a result of changes in land uses, state mandates for reduced parking requirements to
incentivize affordable housing, and more accessible vehicle ownership. Higher vehicle
ownership per household and overcrowded housing have both significantly increased in recent
years, resulting in an increased demand for parking on city streets. These additional parking
supply pressures result in challenging behavior from those competing for parking spaces.
Collectively, these dynamics have led staff to develop a package of parking policy updates for
public review. In early 2017, staff initiated a comprehensive review of the Permit Parking
Program and brought on Nelson Nygaard to aid in developing comprehensive recommendations.
Nelson Nygaard have worked on several permit -parking programs, most notably, San
Francisco's. In late 2017, staff held a community meeting where over 200 residents attended,
and distributed a survey which received over 1,200 responses to better understand the status of
the program today and what enhancements were needed. Staff has since taken all the feedback
into consideration, met with residents, property owners, and apartment associations to draft the
Guidelines and related ordinances. Mr. Emami shared the draft guidelines highlights, including:
streamlining steps that include pre -designating public streets as permit -parking eligible and
authorizing Public Works to administer the program; refining the permit -parking petition
implementation process and district formation/boundaries; reduce review and processing time, by
making neighborhood meetings optional; and introduce Good Neighbor Practices, which will
require that every permit holder sign an acknowledgement that with parking at a premium,
everyone must do their fair share and be good neighbors to one another.
Mr. Emami explained the resident -driven nature of the district boundaries currently incentivized
small zones. The new guidelines propose larger district boundaries based on the Circulation
Element of the City's General Plan, which would be utilized for petitions in the future. All
residences, single and multi -family, would be a part of these larger districts. These larger districts
would better balance supply and demand and use the major arterials and typical walking
distances for district size consideration. The entire district area does not need the 75% support
rate, only the particular street segments within the district that desire permit parking. It may start
on a smaller scale and then grow into the larger district area. To decrease overall processing
time for those in queue, if existing petitions were part of the same district boundary, they will be
processed together to reduce overall processing time. He further explained all districts approved
prior to 2018 were established under slightly different guidelines and were proposed to be
grandfathered and retain their existing permit limits, boundaries, and hours of enforcement, but
any new street segments adjacent to an existing district will be approved under a new district
number and subject to the new guidelines.
Mr. Emami reported a key change to the program was adjusting the number of permits issued
based on bedroom count. For all residences, whether single-family or multi -family, the maximum
number of permits issued would be based on the permitted bedroom count. Currently, Single
Family Residences are eligible for up to three Resident Permits per property, but can be adjusted
based on available capacity to a maximum of five. For Multi -family units, there is a cap of two
Resident Permits so as to allow flexibility for residents. The new guidelines would scale based on
bedrooms and reduce the maximum permits allowed, while encouraging garage usage, on-site,
and assigned parking. The Draft Guidelines propose to incorporate Good Neighbor Practices into
the permit -parking program to encourage kindness and consideration. There will be an
acknowledgement that all permit holders must sign to agree to the practices prior to receiving a
permit. He continued that enforcement was currently, and would continue to be, performed
primarily by Code Enforcement with assistance from the Police Department. Staff will adjust the
resources dedicated to enforcement on an "as -needed" basis as the program scales. If
enforcement needs exceed existing staff hours, staff will recommend and make adjustments.
City Council Minutes of February 27, 2018
Page 17 of 29
Violations of the rules and Good Neighbor Practices in the Permit Parking Guidelines could cause
a permit holder and/or property owner to lose permit privileges
Mr. Emami continued that there were two supportive measures that staff was recommending to
help maximize parking supply. One such measure is by restricting, with exceptions, parking of
oversized vehicles. Typical parking spaces are 22 feet in length and when vehicles exceed this
length it impacts parking supply in neighborhoods. Over the past year, complaints regarding
large/longer vehicles have increased, with approximately 210 received through the Anaheim
Anytime system. He explained staff was able to respond and take enforcement action if the
vehicle: (1) meets the definition of a Commercial Vehicle as defined by reference or directly in the
Anaheim Municipal Code which are currently prohibited from parking in residential
neighborhoods, or (2) if the vehicle has been parked for more than 72 hours. However, the
increasing number of oversized vehicles on City streets that do not fall within one of these two
categories further reduce the number of available parking and create public safety concerns,
especially in residential neighborhoods. This proposal was similar to a majority of surrounding
Orange County municipalities and would create additional parking supply for residents. The other
supportive measure was the prohibition of cars parked "For -Sale", on certain arterials, which has
been a long-standing area of concern for Anaheim. They typically occur on major thoroughfare,s
such as Ball Road, where there were current parking shortages. These vehicles were typically
placed by unlicensed used car dealers, create line of sight issues, traffic congestion, visual blight,
and reduce available public parking. Staff's recommendation is to prohibit parking of these
vehicles on- and within- 80 feet of certain categories of arterials and as documented from on-
going collaboration with the Department of Motor Vehicles.
Mr. Emami reported tonight's meeting was for Council to receive and file the draft parking
guidelines and ordinances, to sunshine the policies, and kick-off outreach efforts for public input
to finalize the recommendations for Council action at a later date. On Tuesday, March 13, 6 to 8
p.m., staff will be hosting a Town Hall Meeting as an opportunity for in-depth community feedback
and questions, similar to the community workshop held in October 2017. Monday, March 19 is
the last day for public comments to be received as staff will take all comments and
recommendations received for consideration to refine the guidelines and related ordinances. At
the Tuesday, March 27, City Council Meeting, staff will be asking for consideration and potential
action on updated permit parking guidelines and related draft ordinances, with a second reading
to follow two weeks later
DISCUSSION: Council Member Murray thanked staff for its work and asked regarding the
process going forward. Mr. Emami reported staff sent out an email blast to interested parties,
distributed a survey, and will be taking public comments until March 19th, will consider them,
modify the ordinances and policies as appropriate, and bring the matter back to Council for
consideration.
Council Member Vanderbilt ask about arterial roads being used for car sales or eighty -feet within
the roads. Mr. Emami reported initially, it was within the roads, but as staff went through the
process of obtaining feedback, there were concerns in areas having side streets and staff does
not want to create an opportunity to park on those side streets which will create safety issues,
close to corners. There are also areas having collector or frontage roads next to arterials, that
would create a zone attractive for private car sales and staff created buffers along the arterials.
Council Member Vanderbilt expressed concern with oversized vehicles that have been purposely
disabled and remains parked in a neighborhood for a long time. Additionally, he stressed the
importance of considering enforcement and letting the public know to what extent they can
participate in enforcement.
City Council Minutes of February 27, 2018
Page 18 of 29
Council Member Barnes asked regarding people living in RVs and Planning & Building Director
and Acting Deputy City Manager David Belmer reported staff has addressed it by its definition of
large vehicles and recreational vehicles. He stated staffs approach was to address the shortage
of parking and line of sight issues. Pending Council's adoption, large or recreational vehicles
would not be allowed to park on public streets, but for specific exceptions listed in the ordinance.
Council Member Barnes thanked staff and reported she still has seven neighborhoods on her list
from 2015/2016/2017 and asked how they will be addressed. Mr. Emami reported staff has
been communicating with them, and if they are within the larger, recommended districts, the
process should run quicker. Additionally, he reported Council's direction was to hold the permit
parking program until there was a new policy and hoped, pending approval, the City will have a
new policy within the next 30 days to move all the districts forward.
Council Member Faessel referenced Good Neighbor Practices in terms of using garages for
parking instead of storage and asked how that can be enforced. Mr. Emami reported one of the
biggest issues was multi -family complexes not using their garages for parking. The Apartment
Association has agreed to work with the City to implement garage checks and the city has a
process in place in terms of people not complying. Council Member Faessel expressed concern
with the required $500 fee, noting not all neighborhoods will be able to pay. Mr. Emami reported
the cost to process a neighborhood is $7,000. The City is subsidizing a large portion of the cost
and the reason the fee was enacted was to ensure there was consensus, at a neighborhood
level, of their interest. He urged staff to remain sensitive to neighborhoods that may not be able
to pay. Council Member Faessel asked about the two-year resubmit fee and asked for
clarification. Nelson -Nygaard Consultant Lauren Mattern reported one year would be too short of
a time span to determine if the process worked so two years were chosen to allow time for
evaluation. Council Member Faessel asked whether there was a specified time for loading and
unloading and Mr. Belmer reported it was not included but staff was looking at the issue.
Mayor Pro Tem Moreno thanked staff for their work, noted a lack of parking in parks, and asked
about temporary parking to accommodate people using the park. Mr. Emami reported there have
been neighborhoods were staff has implemented similar programs where all the frontage along
parks would not be eligible for permit parking; those neighborhoods work, but staff strives to
remain flexible in crafting the policy. Mayor Pro Tem Moreno reported a situation at Price School
where the surrounding streets have permit parking and parents were unable to park on the street.
He asked staff to be cognizant of that and possible allow people to park until 9:00 A.M., and after
that a parking permit would be required. He asked whether the creation of temporary permit
parking has been provided for in the policy for special events. Mr. Emami reported staff has that
discretion, now, for special events and festivals. In terms of who can initiate the process, Mr.
Emami confirmed only residents can initiate the process. Mayor Pro Tem Moreno proposed to
make the deposit fully refundable upon completion of the process. Mr. Emami stated it was a
good suggestion but staff wanted to encourage outreach and proposed refunding half of the
deposit upon completion of the process. Mayor Pro Tem Moreno requested the survey results be
made available on the City's website and asked regarding the timeline for completing the
process, under the new guidelines. Nelson -Nygaard Consultant Lauren Mattern reported it will
take approximately six months or less depending on the complexity. Mayor Pro Tem Moreno
referenced Good Neighbor Practices but worried about neighbors reporting neighbors and people
not being able to park on their street because they were not a good neighbor.
Council Member Kring reported, in speaking with many residents, they were concerned with
having at least one space to park in front of their houses. She stated she understood the
concerns residents have because she experiences the same issues in her neighborhood. She
commented on RV parking and suggested staff consider whether there are enough RV storage
places in the City. Council Member Kring stated she understood the matter of cars for sale falls
under the jurisdiction of the DMV and asked for clarification. Mr. Belmer reported staff was
City Council Minutes of February 27, 2018
Page 19 of 29
working in cooperation with the DMV and felt this ordinance will be a big help as staff will have
many more tools than they currently have, including the ability to remove the vehicle after it has
been cited, within thirty days, after constructive notice.
MOTION: Council Member Kring moved to receive and file the draft Residential Permit Parking
Guidelines and draft ordinances related to permit parking on designated public streets, large
vehicle parking and the parking of vehicles "for -sale" on designated public streets, seconded by
Mayor Tait. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray,
Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried.
D150 5. Receive and file the Community Services Department update on the Anaheim Parks Plan
Project.
Community Services Director Brent Dennis presented details of the report, noting almost 7,000
residents shared their thoughts about what they envisioned for the City's parks. He introduced
and acknowledged the work of Community Services Deputy Director Larry Pasco and Park
Planner Pamela Galera. He addressed community meetings and input and reported the
information will be accessible through the City's website and residents will be able to review the
documents and comment on them.
Mr. Dennis highlighted the Guiding Principles, such as the park amenities, maintenance of the
parks, and a sense of safety, and the four Plan objectives, which include enhancement and
expansion of park system, giving higher priority to maintenance, connection with nature, and
enhancement of the urban forest. He provided an overview of the survey results of nearly 7,000
surveys, with Pearson Park reflecting as the park most visited; restrooms as the most important
feature of a park; and the community wanting to see more restrooms and trees/landscaping at
parks. With regard to condition of local parks, staff was pleased to see results in excellent and
good, but did realize there was significant room for improvement. With regard to safety at
Anaheim parks, several initiatives have been implemented such as surveillance cameras, park
rangers, and increased visibility of park staff. He spoke of the Trust for Public Lands initiative
with a goal that every resident lives within a 10 -minute walk to a park, in which Anaheim has
joined the legion. He spoke of Park Categories and highlighted new park categories, such as
Pocket Parks, which are less than 1 acre but present recreational value, and Nature Parks, which
the City has the opportunity to create with the City's trail system, corridors, railways, and flood
control channels that would be considered open space that have opportunity for connectivity in
the midst of nature. Recreation Center Park is a new park category, with an existing example of
Anaheim Youth Center. Another park category is Special Use Parks, which include community
gardens and skate parks. He stated there were a number of skate parks in place in the city with
more on the drawing boards.
Mr. Dennis presented recommendations, which include looking at executing facility joint -use
agreements with school districts to expand public access and recreational enjoyment, creation of
sport complexes, and the other recommendations that reflect the guiding principles for park
maintenance and safety. He stated the survey results were now available on the City's website,
the full recommendation park document will be released for public review in March, and
presented for Council approval in May. He referenced a request made earlier by a member of the
public to expand library hours and reported making a proposal to the Library Board and they have
embraced it. Additionally, the City has generated a business plan in terms of golf, to encourage
younger generations to play. He thanked Council for approving funding for Planning for Parks
and focused on renovating park restrooms and some of the City's heavily -used fields.
City Council Minutes of February 27, 2018
Page 20 of 29
DISCUSSION: Council Member Barnes commended staff for their work in improving City parks
and for the Parks Plan, and reported many people were enjoying parks on the west side and
people felt much safer than previously, noting security cameras have served to curb crime. She
hoped for a good Ranger Program and a Stewardship Program and stated many of the
improvements have helped to eliminate health hazards. She thanked Council colleagues who
understand the community comes first.
Mayor Pro Tem Moreno expressed his appreciation, referenced the survey, and asked regarding
additional comments received through the survey. Mr. Dennis stated comments were received
regarding community gardens, a dog park on the west side, and the skate park at Brookhurst
Park. Mayor Pro Tem Moreno commented on the possibility of joint uses with local schools,
noting the City would have to provide the staff. Mr. Dennis reported the agreement with the
school district will be considered by Council in March. Mayor Pro Tem Moreno reported a large
parking component was lost at Pearson Park because of the luxury apartments being built and
asked how the City will deal with parking at Pearson Park. Mr. Dennis reported staff set up
shuttling from Center City garages. He added staff embraced the challenge to track projected
development costs for any project presented or recommended and the City has activated a team
to do so.
Council Member Murray expressed her appreciation to staff for the work done and commented on
the conditions of parks and residents feeling unsafe, as a result. She spoke about the importance
of park maintenance and having staff on-site and stated she will continue advocating for it. She
hoped those services can be built back into the budget and commented on the importance of he
public having access to the information on the City's website. She added most residents feel the
City's parks are high-quality and noted Anaheim is one of the most advanced, throughout the
County, in offering park services.
Mayor Tait commended staff for the presentation and expressed his appreciation to Council
Members Barnes and Faessel for bringing the matter forward.
MOTION: Council Member Barnes moved to receive and file the Community Services
Department update on the Anaheim Parks Plan Project, seconded by Council Member Kring.
ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray, Vanderbilt
Barnes, Kring, and Faessel). NOES — 0. Motion carried.
AGR- 11. Approve the First Amendment to Professional Services Agreement with PlaceWorks, Inc.
9080.1 increasing the total compensation by $35,000 for a total amount not to exceed $775,920
for the preparation of the Beach Boulevard Specific Plan and to study the potential to
permit a mix of commercial and/or residential land uses on 4.3 acres of the 25 -acre
property located at the northeast corner of Beach Boulevard and Lincoln Avenue,
commonly referred to as Westgate.
Planning & Building Director/Acting Deputy City Manager David Belmer presented details of the
report, stating the item before Council was a request to amend the Professional Services
Agreement with PlaceWorks, by $35,000, to analyze the potential in the Beach Boulevard
Specific Plan of including, as an option, mixed-use development on a 4.3 acre portion of the 25 -
acre Westgate site which is located at the northeast corner of Lincoln Avenue and Beach
Boulevard. Mr. Belmer explained West Anaheim, and particularly Beach Boulevard, was a high
priority focus area for the City and to this end, in 2015, the Beach Boulevard Specific Plan and
associated Environmental Impact Report (EIR) was prepared. The purpose of the specific plan
was to improve the image and economic potential of the Beach Boulevard corridor by creating the
land use framework to guide and encourage future public and private investment in the area. City
City Council Minutes of February 27, 2018
Page 21 of 29
staff and the Consultant have been working diligently on the project. After completing an
extensive and robust community outreach program, including working closely with the project's
Community Advisory Committee, the project was now in its third and final phase, which includes
the preparation and adoption of the specific plan and EIR. The Consultant has completed the first
working drafts of both of these documents and they are currently under review by staff form
various City departments. In addition to preparing the Specific Plan, the City has undertaken
several other efforts that provide a foundation for transforming Beach Boulevard in the coming
years. The City is in the process of formally asking Caltrans to relinquish its control of the Beach
Boulevard right-of-way to the City. While the options and issues of relinquishment are still being
evaluated, and will ultimately be presented to the City Council for consideration, the
relinquishment offers the potential of allowing more flexibility to the City of beautifying and
transforming the corridor and would assist in streamlining the development process by eliminating
the need for developers to obtain additional permits from Caltrans. Mr. Belmer explained the
Public Utilities Department has been a great partner and efforts were also underway to beautify
the corridor by undergrounding the overhead utilities. The economic development initiatives
approved by Council created a toolbox that staff could use in efforts to achieve revitalization for
Beach Boulevard. The immediate opportunity along the corridor is the development of the 25 -
acre "Westgate" site for commercial land uses.
Community and Economic Development Director John Woodhead addressed current trends in
the retail environment, delays in moving forward with the Westgate project due to site
remediation, interest in developing "The Main Street" with various food and retail uses and a
grocery store, and staff was considering development of the remaining site. He added there was
great potential for a for -sale housing development on a small portion of the site and staff has had
preliminary discussions with some regulatory agencies and they have viewed that as a viable
option that would enhance the retail experience along the main street and this would allow staff
the opportunity to explore it seriously.
Mr. Belmer added there was consensus that the amendment was in the best interest of the
Westgate site and the specific plan. If approved as recommended, staff would continue efforts to
finalize the draft specific plan and associated Environmental Impact Report, which commences a
new public engagement process with the Planning Commission and City Council. It is anticipated
the process will commence late spring/early summer.
DISCUSSION: Council Member Barnes expressed her appreciation to staff and the advisory
committee, commented on her involvement, and noted there was a need in West Anaheim for
people not to have to go outside the City to shop.
Mayor Tait commented on Beach Boulevard having potential for being another "Sunset Strip". He
asked staff to drive the coalition and expressed excitement.
Council Member Vanderbilt referenced the memo to PlaceWorks and new assumptions relative to
5,100 dwelling units. It pre -dated the committee discussion regarding density and verified the
project will focus on 36 units per acre. He addressed Successor Agency issues and moving
towards a commercial model. He asked whether moving towards residential affected
arrangements with other bodies or agencies. Mr. Woodhead reported it affected the
development, positively. He reported retail was much more viable with supporting residential,
mentioned declining school enrollment, and the addition of residential, especially on the west
side, works to the benefit of schools. He added the commercial aspect was a significant part of
the project as was the supporting residential aspect. He added the City has vetted that funding
model and determined it will raise property tax values significantly.
City Council Minutes of February 27, 2018
Page 22 of 29
Council Member Murray thanked staff for its work, commented on advancements in adjacent
communities, and noted the need to capture that, especially on the west side. She suggested
looking at financial tools that have been successful in helping to revitalize areas around City Hall
and agreed there was a successful model which needed to be emulated on the west side.
MOTION: Council Member Barnes moved to approve the First Amendment to Professional
Services Agreement with PlaceWorks, Inc. increasing the total compensation by $35,000 for a
total amount not to exceed $775,920 for the preparation of the Beach Boulevard Specific Plan
and to study the potential to permit a mix of commercial and/or residential land uses on 4.3 acres
of the 25 -acre property located at the northeast corner of Beach Boulevard and Lincoln Avenue,
commonly referred to as Westgate, 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.
D182 21. RESOLUTION NO. 2018-021 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM modifying the Electric Rates, Rules and Regulations by modifying
Rule No. 3, which does not increase rates, for the sale and distribution of electricity as
adopted by Resolution No. 71 R-478 and most recently amended by Resolution No. 2017-
122 and determining that said actions are exempt from the California Environmental
Quality Act (CEQA) pursuant to Public Resources Code, Section 21080(b)(8) and
Sections 15060(c)(3), 15061(b)(3), 15273(a), and 15378(b)(2)(4)(5) of Title 14 of the
California Code of Regulations (modifying Rule No. 3 of the Electric Rates, Rules and
Regulations to provide expedited and no -cost plan review and temporary utility services
for property owners impacted by declared emergency events).
RESOLUTION NO. 2018-022 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM modifying the Water Rates, Rules and Regulations by modifying Rule
No. 3, which does not increase rates, for the sale and distribution of water as adopted by
Resolution No. 72R-600 and most recently amended by Resolution No. 2017-069 and
determining that said actions are exempt from the California Environmental Quality Act
(CEQA) pursuant to Public Resources Code, Section 21080(b)(8) and Sections
15060(c)(3), 15061(b)(3), 15273(a), and 15378(b)(2)(4)(5) of Title 14 of the California
Code of Regulations (modifying Rule No. 3 of the Water Rates, Rules and Regulations to
provide expedited and no -cost plan review and temporary utility services for property
owners impacted by declared emergency events).
DISCUSSION: Council Member Vanderbilt noted this measure considers future disasters that
may happen and commented on there being funds at the Federal level to pay for individuals to
hook up their utilities and on the possibility of the City offering too much.
Public Utilities General Manager Dukku Lee reported in 2008 there was a similar initiative Council
instituted but staff had to modify about a dozen rules. There could potentially be another
emergency and this would help staff streamline and increase response time, contingent upon a
declaration of emergency by City Council or a regional jurisdiction with the vested authority to do
so. He added the plan was to coincide with what Council wants to do and provides the utility the
ability to do it quicker than the current process. Council Member Vanderbilt suggested adding
language that in the event of Federal funds not being available, Council would waive fees. Mr.
Lee reported the rule language says, "may", not "will' and listed recommendations specific to the
process.
City Council Minutes of February 27, 2018
Page 23 of 29
MOTION: Council Member Kring moved to adopt RESOLUTION NO. 2018-021 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the Electric
Rates, Rules and Regulations by modifying Rule No. 3, which does not increase rates, for the
sale and distribution of electricity as adopted by Resolution No. 71 R-478 and most recently
amended by Resolution No. 2017-122 and determining that said actions are exempt from the
California Environmental Quality Act (CEQA) pursuant to Public Resources Code, Section
21080(b)(8) and Sections 15060(c)(3), 15061(b)(3), 15273(a), and 15378(b)(2)(4)(5) of Title 14 of
the California Code of Regulations (modifying Rule No. 3 of the Electric Rates, Rules and
Regulations to provide expedited and no -cost plan review and temporary utility services for
property owners impacted by declared emergency events) and RESOLUTION NO. 2018-
022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the
Water Rates, Rules and Regulations by modifying Rule No. 3, which does not increase rates, for
the sale and distribution of water as adopted by Resolution No. 72R-600 and most recently
amended by Resolution No. 2017-069 and determining that said actions are exempt from the
California Environmental Quality Act (CEQA) pursuant to Public Resources Code, Section
21080(b)(8) and Sections 15060(c)(3), 15061(b)(3), 15273(a), and 15378(b)(2)(4)(5) of Title 14 of
the California Code of Regulations (modifying Rule No. 3 of the Water Rates, Rules and
Regulations to provide expedited and no -cost plan review and temporary utility services for
property owners impacted by declared emergency events), seconded by Council Member
Barnes. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno, Murray,
Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried.
M142 22• ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending Chapter 18.60 (Procedures) 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. 2017-00145; DEV2017-00123) (increase the public
hearing noticing requirements for discretionary land use requests).
DISCUSSION: Mayor Tait introduced the item and expressed concerns with the effect it may
have on small businesses. He stated increasing the noticing requirement from 300 feet to 500
feet made sense for large projects, but not small projects. He would like to hear the opinion of
the building industry and asked to continue this item to a future meeting.
MOTION: Mayor Tait moved to continue this item to a future meeting, seconded by Council
Member Kring. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno,
Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried.
E127 24. Consider a proposed measure amending City Charter Section 503 governing the filling of
vacant by district Council seats from appointment by the Council to election by the voters
of the respective district, and if in favor of the proposed amendment, adopt resolutions to
place the measure on the ballot at the June 5, 2018 statewide primary election.
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a Special
Municipal Election to be held on Tuesday, June 5, 2018, for a ballot measure proposing
amendments to the City Charter pursuant to Article XIII, Sections 1301 and 1302 of the
City Council Minutes of February 27, 2018
Page 24 of 29
City Charter and California Elections Code 1415(a)(2)(a) (Measure _-- By District
Elections To Fill Vacancies In District Offices).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a ballot measure
proposing amendments to the City Charter to the electors of said city at the Special
Municipal Election to be held in the city on June 5, 2018 (Measure _-- By District
Elections to Fill Vacancies in District Offices).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, requesting the Board of Supervisors of the County of
Orange to consolidate a Special Municipal Election to be held on June 5, 2018, with the
Statewide Primary Election to be held on that date pursuant to section 10403 of the
California Elections Code (Measure _-- By District Elections To Fill Vacancies In District
Offices).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, authorizing members of the City Council to author and
file written arguments and setting priorities for filing written arguments regarding a
measure proposing amendments to the City Charter to be submitted to the electors of the
city at the Special Municipal Election to be held in the City on June 5, 2018, and directing
the City Attorney to prepare an impartial analysis of such measure (Measure --- By
District Elections To Fill Vacancies In District Offices).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, providing for the filing of rebuttal arguments regarding a measure
proposing charter amendments to be submitted to the electors of the City at a Special
Municipal Election to be held in said City on June 5, 2018 (Measure _-- By District
Elections to Fill Vacancies in District Offices).
DISCUSSION: Council Member Murray reported bringing the item forward to ensure that any
vacancies that may come up in the future follows the intent and purpose of moving to districts and
that residents may be able to elect their representative.
Acting City Attorney Kristin Pelletier introduced the item noting it was proposed for the June 5,
2018 election. She presented background including the current policy and details of the
proposed amendment and reported the amendment does not change provisions regarding the
Mayor. Ms.Pelletier reported unscheduled vacancies in district seats would be filled by voters of
that district, by special election, as soon as the special election was called, and the person so
elected would serve out the remainder of the original, un -expired term. She reported adding a
proviso to allow the special election to be consolidated with a regularly -scheduled election should
it occur within six months of the unscheduled vacancy. Under the proposal, the seat would
remain vacant until it was filled by special election, so there could be a vacancy for up to six
months. Additionally, she provided an exception that would give Council some leeway if there
was a vacancy in the last year of the original term, by appointment, to avoid the cost of a special
election, having an election just before a regularly -scheduled election, and having someone
elected for a short term. Ms. Pelletier addressed costs related to holding a special election
versus costs if the item were to be placed on the November ballot or on a primary ballot, noting a
significant cost savings by consolidating. She added if the matter was placed on the June ballot,
procedural resolutions needed to be adopted.
Council Member Murray commented on the work involved, noting the intent was to keep costs as
minimal as possible.
City Council Minutes of February 27, 2018
Page 25 of 29
Council Member Faessel thanked Council Member Murray for bringing the item forward,
expressed support for it, and noted concerns with having a vacant seat for 180 days. He stated
he would like to discuss ways to reduce that period.
Mayor Tait felt this matter was not necessary and could be harmful, if passed. Currently, if there
was a vacancy, Council would have the choice to appoint someone, have a special election, or
wait until a regular election. The downside of a special election was the cost. If this were to be
approved, Council does not have that choice. He shared a similar instance when he was first on
City Council and felt that by making an appointment, Council would avoid having a vacant seat on
Council for a lengthy amount of time. He stated that he will oppose the item.
In response to Council Member Vanderbilt's inquiry, Ms. Pelletier reported the language in the
City Charter states if an appointment is not made within 60 days, the position will be filled by
special election. However, nothing specified Council could not call for a special election quicker.
In terms of the Mayor and Mayor Pro Tem, Council Member Vanderbilt understood if the Mayor's
seat became vacant, the Mayor Pro Tem would step into that position. Ms. Pelletier reported the
Charter has no proviso indicating the Mayor Pro Tem would step into the Mayor's position, but
rather Council must fill that position by appointment. They may elect to appoint the Mayor Pro
Tem, but there is no provision requiring the Mayor Pro Tem to step into the Mayor's position. In
response to his question as to whether Council could appoint anyone to be Mayor, Ms. Pelletier
stated the person would have to the qualifications of Mayor, as set forth in other sections of the
Charter. In terms of filling district seats, they would have to have the qualifications to fill them.
Additionally, she reported Government Code Section 36512 that applies to the general law and
sets up a system for filling vacancies and starting with the appointment process. If there was an
unscheduled vacancy, either someone was appointed, or a special election was to be held within
60 days. It provides that a General Law City can enact an ordinance and the vacancy would be
filled by the appointee until a special election was called which cannot occur until 114 days. The
appointment model has been a traditional model and district models were fairly new.
In response to Mayor Tait's question, Ms. Pelletier reported some of the larger Charter cities have
opted for special elections and in researching this item not many models were found.
Council Member Kring commented on the reason the City went to a district process and noted
proponents of districting agreed with neighbors voting for neighbors. She agreed with Council
Member Murray and reported this was unchartered territory since the City only switched to
districts since November 2016. She expressed support for the item and reported the community
supported it as well.
Council Member Faessel wished Mayor Tait would reconsider his stance to allow residents of a
district to elect someone from their district, in continuance of the district elections model.
Mayor Tait noted he and Mayor Pro Tem Moreno strongly supported district elections and agreed
district residents should vote for their candidates but does not want a district to be without
representation for four months or more. He would rather appoint someone until there was time
for a general or special election.
Council Member Murray noted her intention was not to be contentious but to synchronize the
Charter with the City's system of governance. She reported the prior system made sense and
with the proposed system, if there was a vacancy, residents would be able to choose who
represented them. By not approving this item, the City leaves a significant component of an at -
large system in place, and Council would select a representative for that district who would then
have the benefits of incumbency, as well.
City Council Minutes of February 27, 2018
Page 26 of 29
Mayor Tait did not think this was a contentious issue but rather a good debate on how best to
govern. He noted the importance of having seven members on the body and commented on the
benefits of having choices.
Council Member Kring stated the difference would be of only two months (60 days) and added
the people in the district should choose their representative if an unscheduled vacancy occurred.
Council Member Faessel wondered if it would be possible to fill a vacancy with a placeholder until
an election could be held; Council would appoint someone until an election has taken place.
Mayor Tait felt this was about choices and giving future councils the choice to either make an
appointment or wait for a general election.
Council Member Faessel commented positively on having choices and stated he would like to
have a process memorialized and in place.
Mayor Pro Tem Moreno stated he supports the intent by which this was presented, addressed
benefits of going to a district system, and noted costs of holding a special election, under the
proposed Charter amendment. He presented a possible scenario and noted an election held on
an odd year would be a special election. He felt the timing warranted more thought, stated he
would like to study this matter a little deeper in terms of the timing of vacancies, and agreed with
Mayor Tait.
Council Member Vanderbilt commented on the costs of holding a special election versus waiting
for a general election and addressed the importance of timing, in terms of saving costs. He
commented on holding an "all mail" ballot stating it provides a cost-saving option that could be
used. Ms. Pelletier reported the City could not hold an "all mail" ballot because of the number of
voters in the City.
Council Member Murray reported there was no intent to rush this item and that Council would
need to move quickly if there was to be an election held in June.
Council Member Kring suggested an appointment could be made by the person leaving or
vacating the position. She stated she was very protective of her district and would not appreciate
other Council Members appointing someone from her district, who would not know the district as
well as she does.
Council Member Faessel expressed appreciation for the Mayor Pro Tem's timeline noting that
was an important consideration. With the inability of Council to come up with a solution tonight,
and sensitive to the effort in the work and intent of Council Member Murray, he asked whether
she would accept postponing the matter. <
Council Member Murray stated she would agree to direct staff to bring the item back at a later
date for consideration of the November election.
Council Member Faessel agreed with the intent and stated he would like more time to study the
financial impacts.
Council Member Murray added it would be helpful to know if an "all mail" ballot could be
implemented.
City Council Minutes of February 27, 2018
Page 27 of 29
Acting City Clerk Theresa Bass reported the City Attorney was correct and stated an "all mail"
cannot occur if an election was more than 1,000 registered voters.
Mayor Pro Tem Moreno agreed with the decision to table the matter and indicated he would like
to work with Council Member Murray and staff to develop creative ways to make good policies.
Council Member Kring asked about her suggestion to have a person leaving to appoint a
temporary replacement, with Mayor Pro Tem Moreno and Mayor Tait disagreeing with that theory.
Council Member Vanderbilt asked about the possibility of Council passing a resolution of intent to
ensure the voters were well-informed. Additionally, he asked about the possibility of the vacating
Council Member participating in the appointment of his/her replacement.
Ms. Pelletier reported the Charter specifies within 60 days of the vacancy. She added a vacating
Council Member could participate it they were still a Council Member at the time the appointment
was made; it would depend on timing.
Council Member Barnes commended Council Member Murray for thinking outside the box and
encouraged Council colleagues to do so as well, noting the importance of having continuity.
MOTION: Council Member Murray moved to table the item to a later date, seconded by Mayor
Tait. 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/AGENDA REQUESTS:
Council Member Murray thanked Disney, Kaboom!, and the Anaheim Family YMCA for the
playground at Pearson Park; announced her participation in the fourth Girls in Engineering Day
co-sponsored by the Orange County Women's Transportation Seminar and Anaheim Union High
School District to encourage girls to study STEM disciplines; requested staff address fire
prevention and brush maintenance in the hills and what efforts the City can use in conjunction
with HOA and individual efforts; and requested consideration of ACC -OC membership discussion
on March 6th to include its countywide homeless initiative and work on pension reform.
Council Member Kring thanked over 300 volunteers for the 10th Kaboom! playground in Anaheim
and announced two more were scheduled for the next year; announced her attendance at the
opening day of the Fullerton Rangers soccer program, providing soccer participation for over 200
Anaheim kids; and congratulated all Winter Olympian, the U.S. Women's' Hockey Team and U.S.
Men's Curling Team for their gold medals.
Mayor Pro Tem Moreno congratulated Jav's BBQ on their Grand Opening at Make Building; gave
kudos to the library staff and community for AnaCon at the Central Library; announced his
representation of the city at the ACC -OC homeless partnership dinner on February 15th along
with other cities from the county; congratulated Anaheim High School varsity sports teams on
their CIF selections, particularly the girls basketball team's regional participation; announced his
presentation at the Clergy and Laity United for Economic Justice (CLUE) annual gala dinner;
thanked Kaboom!, Disney, the YMCA, and Community Services for the build day at Pearson
Park; and thanked the lawyers, Judge Carter, and advocates for their efforts to provide services
to the homeless. He announced a District 3 meet and greet on Thursday, March 1 at 6:30 P.M. at
Dose Coffee in the Anaheim Plaza and requested the ACC -OC membership discussion be
City Council Minutes of February 27, 2018
Page 28 of 29
rescheduled as he would not be present at the March 6th City Council meeting due to work
obligations.
Council Member Barnes reported her attendance at the Illumination Foundation homeless
program at Christ Cathedral; thanked Ms. Narito for the Chinese New Year celebration at the
Brookhurst Community Center; discussed the Senior Fashion Show in downtown Anaheim;
thanked Acting Police Chief Julian Harvey for continuing to keep the city safe and addressed
improved park conditions; and requested the public give blood, remove their Christmas lights,
stop speeding, and consider www.anaheim.net/mobs for employment opportunities.
Council Member Vanderbilt recognized GOALS Academy, Union Bank, St. Boniface, Northgate
Gonzalez Market, and others for their participation in the Pearson Park Kaboom! build; reported
on the Padres En Accion gardening event in the Ala meda-Brownwood-Catalina (ABC)
neighborhood to improve common areas and thanked Republic Services and the Community
Services and Public Utilities Departments for their support in that neighborhood; and reported his
attendance at the Anaheim Shores neighborhood association meeting and requested a future
update from the Police Department about street racing and possible enforcement actions,
including confiscation of automobiles. He requested a proclamation for the Asian Business
Association of Orange County's recognition of May 10th as Small Business Development Day
and announced the Mayor's speech at the Anaheim Small Business Organization's event at the
Phoenix Club on March 1st.
Council Member Faessel expressed his honor to present Cypress College Foundation Americana
Awards Citizens of the Year for Anaheim to Drs. Tom and Cynthia Coad; recognized the 60th
Anniversary of the Anaheim Public Library's Bookmobile; reported his tour of the Northgate
Gonzalez corporate headquarters and warehouse and thanked the Gonzalez family for staying in
Anaheim and keeping over 300 local jobs; provided a bottle of water to each council member
from the Orange County Water District's 10th Anniversary Winterfest, where they set a Guinness
Book of World Records record-setting 100,008,000 gallons of drinkable, recycled water in a 24-
hour period; reported his participation in the Pearson Park Kaboom! playground event; and
announced Little League Opening Day for the North Anaheim and East Anaheim leagues on
Saturday, March 3rd and wished them luck.
Council Member Murray supplemented her comments by acknowledging Little League baseball
and reporting the ACC -OC discussion was pressing due to a 60 -days in -arrears invoice for which
their board needed to know the City's intention for budgetary purposes.
Mayor Tait stated his preference to accommodate Mayor Pro Tem Moreno's request for a delay
on the ACC -OC item; congratulated Servite High School on its 60th anniversary; reported his
attendance at the Illumination Foundation symposium on homelessness with Council Member
Barnes; requested a birthday celebration for Elmer Thill, turning 104, at an April meeting; and
described his 10 -day trip to India, organized and paid for by the Strong Cities Network and U.S.
State Department, to discuss combatting violent extremism and kindness initiatives.
City Council Minutes of February 27, 2018
Page 29 of 29
ADJOURNMENT:
With no further business, Mayor Tait adjourned the meeting of February 27, 2018 at 10:44 P.M. in
memory of George Damiano, Richard Jaedicke, Norman Pape, and the 17 victims of the Florida
school shooting.
Respectfull submitted,
Theresa Bass, MC
Acting City Clerk