08/14/2018ANAHEIM CIN COUNCIL SPECIAL AND
REGULAR MEETING OF AUGUST 14, 2018
The special meeting of August 14, 2018 was called to order at 2:35 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 August 10, 2018.
PRESENT: Mayor Tom Tait and Council Members Jose F. Moreno, James Vanderbilt,
Denise Barnes, Lucille Kring, and Stephen Faessel. Council Member Kris
Murray joined the meeting during the workshop.
STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk
Linda Andal
WORKSHOP:
Emergency Medical Services Study
Fire Chief Randy Bruegman provided a brief background including action taken in January to
consult with A.P. Triton to evaluate the City's Emergency Medical Services (EMS) Transportation
System and recommend alternatives. He introduced Fire Captain David Barry who runs the EMS
Division and Scott Clough with A.P. Triton, LLC, the City's consultant and primary author of the
report.
Scott Clough, A.P. Triton, LLC, provided information about his background, work experience, and
company. He addressed project goals, mission, and requirements, which include providing
efficient services with a finite amount of money, deploying resources effectively, continuing to
provide good and evaluating customer service, creating a new influx of revenue, and benefits of
maximizing revenue which can be reinvested back into the community. Mr. Clough addressed
authority relative to the Health and Safety Code 1797.201 and referenced an existing Federal
lawsuit. He noted the City of Anaheim was 100% financially and operationally obligated to
provide ambulance services to Anaheim residents; the County has no responsibility to provide
services within the City.
In response to Mayor Tait's question regarding the lawsuit, Mr. Clough reported that in 2016, a
private ambulance provider in Orange County filed a lawsuit in Federal Court against eleven
cities, including Anaheim, alleging that the City of Anaheim did not have the authority to conduct
their own contract for ambulance services and was, therefore, in violation of the Sherman Act. It
has been argued in court that the City has complete immunity in anti-trust issues. The argument
was heard in a lower court which sided with the City, was appealed to the Ninth Circuit,
arguments were heard on August 7, and a decision is forthcoming in four to six weeks.
Mr. Clough continued with his presentation addressing detailed requirements under Health and
Safety Code 1797.201, including adhering to medical control and elements for which the City will
retain control including deployment, shifts, hours, dispatch, response, uniforms/grooming, and
rates for service.
He shared deployment models including advantages and challenges of each; presented
recommendations but noted it would be up staff to determine the model to implement. Mr.
Clough reviewed the benefits of Model D, the purchase unit hours of ambulance service to
provide transport from a private contractor, which included opportunities for increased revenue,
increased transparency, effective deployment of resources, and continuing to provide quality
customer service. He explained the Ground Emergency Medical Transport (GEMT), potentially
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generating between $250,000 and $300,000 per year in added revenues, and the Quality
Assurance Fee (QAF), potentially generating between $650,000 and $700,000 per year. He
reported the GEMT program had recently been modified and a State Plan Amendment (SPA) had
been submitted to the Federal government, allowing the cost of suppression forces that are
providing EMS to be included into the City's ambulance costs, adding that would triple the City's
GEMT funding to as much as $1.5 million.
Council Member Vanderbilt asked whether the two programs were mutually exclusive to which
Mr. Clough responded affirmatively.
Mayor Tait referenced Mr. Clough's comments about revenues being re -invested back into the
EMS system to help reduce healthcare costs and opined it would increase healthcare costs.
Chief Bruegman addressed the City's Community Care Response Unit (CCRU) as an example of
reducing healthcare costs, noting if providers can treat and release at home without having to
transport anyone to the hospital, the City saves in transport fees and the patient receives services
at a reduced cost. If the City can reinvest and add, for example, nurse practitioners in the
system, more residents could be impacted on an annual basis and have a positive impact on
healthcare costs.
In terms of transport costs, Mayor Tait alleged the City would have to increase the fee of transfer
charges to raise additional revenue.
Mr. Clough stated it would not and referenced a similar program he helped set up for an agency
in Northern California, commented on setting margins based on risk, and adjusting them to
realize some level of profit when risk is reduced/mitigated. He added that Orange County has a
very healthy demographic.
Council Member Kring referenced Mr. Clough's comments regarding a mandatory fee (tax) with a
public provider and asked who pays that tax (QAF). Mr. Clough stated it would be the person
who uses the service. Mr. Clough reported the fee would be $24.80 per transport; the City is
reimbursed $220.35 per each Medi -cal transport and addressed the billing and payment process
through the State. He explained the funds were part of the Title 19 Social Security Act, which are
entitlement programs and are not required to go through appropriations. As long as it is part of
the program, the funds must be expended, as agencies apply for them and added if the City did
not take advantage of the programs, it was disenfranchising its taxpayers who were contributing
to the Federal tax.
Council Member Faessel asked about the impact to the patient's liability between Model D and
Model E. Mr. Clough noted that from a deployment standpoint the user would not notice any
changes in the services delivered. If there was a change, he hoped it would be in quicker
response times and a better level of service. In further response to Council Member Faessel's
question as to whether the increased revenue must go back into the EMS system, Chief
Bruegman reported it has been projected that, under Model D, the City could increase its revenue
stream by about $5 million annually and City Council would decide the allocation, ultimately.
Council Member Faessel commented positively on the City's Community Care Response Unit-
(CCRU) and asked where it would fit in Model D versus Model E. Chief Bruegman indicated
whatever model was chosen, Model D was similar to the existing process but would be managed
differently to create a better revenue stream; the CCRU would be an excellent adjunct to
whatever model was chosen because there is a high percentage of people being transferred to
hospitals, which is a very expensive way to receive care, and there are better ways to do it. He
believed mobile integrated healthcare will become more ingrained in the entire EMS system partly
because of the cost of healthcare and the increasing aging population requiring dramatic
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increases on demand over the next fifteen to twenty-five years. He added that of all the calls for
service received, close to 85% were for medical reasons.
Council Member Vanderbilt commented on Model B being used for iow-acuity cases and Chief
Bruegman stated they would have to be very low -acuity cases.
Captain Barry commented on his experience with Model B (ambulance operator model) and
reported it would be very similar to the current program where there are ambulance drivers that
are EMTs, live in the fire stations, and would be City employees. He added the City would have
to hire at least sixty people to have ambulance providers for seven ambulances, for three shifts,
365 days a year. Currently, Metro Net dispatches for Anaheim and seven other cities, and also
dispatches for Care Ambulance.
Mr. Clough explained reimbursements have less to do with who was responding, who was the
provider on record, and who did the collections and payments. Under Model B, the City could
subcontract with private providers to take on lower -acuity calls and the basis on whether or not
the City could collect revenue was based on whether the City paid for that service or they were
allowed to bill and collect.
Council Member Vanderbilt stated he felt there was potential for increased savings to the City
relative to low -acuity calls. Captain Barry explained the City could accomplish the same using
Model D or any other model; currently the CCRU was dispatched for low -acuity calls.
Chief Bruegman added the Fire Department was only as good as the information it received
through 911, and typically erred on the side of caution.
Mr. Clough reported as a 201 provider, the City can determine its level of dispatch and response.
Council Member Kring commented on the number of new ambulances that would be needed
under Model D and asked who would staff them. Mr. Clough clarified that for Models A, B, and C,
the City would have to purchase ambulances; with Model D, whoever bid the system would bid
with their units and using their employees. She asked about the effect on the number of Fire
Fighters needed.
Chief Bruegman reported the strategic plan presented outlined the need for suppression
personnel, which he did not see as changing as they are based on all calls, not just EMS calls.
In response to Mayor Tait's question, Chief Bruegman reported that out of 40,000 calls a year,
15% were for a combination of fires, car accidents, specialized rescues, service calls, hazmat,
etc.; calls for fires were in the area of 4% to 5%. Additionally, he addressed and presented
examples of service calls.
In response to Mayor Tait's question regarding the source of additional revenues, Mr. Clough
explained the ambulance transport business was a fee-for-service business as all revenue came
from transports. The largest pot of money comes from commercial insurance payers, Medicare
makes up the largest percentage of users, Medi -Cal, and private pay (uninsured). The City's
collections will dictate its revenue along with the rates. Supplemental revenue would be received
from GEMT Federal funds. He added this estimate does not include a rate increase and was not
based on out-of-pocket expenses. The reality is the ambulance rates in the overall healthcare
costs, is "budget dust"; the actual transportation component is very small.
Council Member Barnes commented positively on the City's EMS program and asked about
possibilities for the future. Chief Bruegman reported the Department was looking at trend lines
for EMS and believed impacts will be related to the increased aging population, the homeless
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population, and the mental health population. He believed the system will shift and the City will
be able to provide different levels of service as well as quantify with advanced healthcare
providers in the field and in the City's dispatch centers. In terms of the revenue, it is there, but
currently the City is not taking advantage of it. He felt Model D provided the best leverage to gain
as much revenue as possible out of the existing healthcare system and the City would be able to
roll it into however Council sees fit.
Captain Barry added that under Model D, the City would be doing the billing and could waive the
Fire Department fee as well as the ambulance fee. In response to Council Member Barnes
question, he reported that last year alone, the homeless population calls increased by 1,000
patients.
Council Member Barnes asked about write-offs and whether the City could be reimbursed for
those services and Mr. Clough indicated the City could be reimbursed through the GEMT
program.
In response to Council Member Vanderbilt's question, Chief Bruegman reported that on the ALS
fees, if a patient is unable to pay, there are thresholds based on the federal poverty level, where
the fees will be written off. Captain Barry reported staff can provide information regarding the
number of ALS fees that are written off every year.
In response to Mayor Tait's inquiry, Chief Bruegman clarified the City could increase its revenue
by $5 million, including expenses. In terms of billing, Mr. Clough stated his recommendation was
to hire a third -party billing company; adding that currently, the largest billers are billing at about
3%; so they would collect 3% of what the City collects.
Mayor Tait asked about the best argument for not moving forward with the recommended
program and Mr. Clough stated the most common argument against it is that currently, the City
has no risk and the ambulance provider is assuming all of the risk and responsibility for providing
ambulance services. However, as a 201 provider, the City is statutorily assuming 100% of the
risk and Mr. Clough used Santa Clara County and Alameda County as examples of common
practices. He added the City is responsible, regardless.
Council Member Faessel commented on the City's relationship with Care Ambulance and asked
what part of the City's total existing contract with Care Ambulance was at $5 million. Mr. Clough
reported that currently the City was not paying anything to Care Ambulance, adding this is a
governmental obligation that is frequently subcontracted out to private providers.
Chief Bruegman noted staff was seeking Council's concurrence to direct staff to return with Model
D as a recommended program for the City and continuing to engage A.P. Triton, LLC. He
stressed this was a complicated process and takes expertise to maneuver through it.
Additionally, staff will bring forward an extension of the Care agreement to May 2019 as it will
take time to fully implement the program and their contract expires this year. A comprehensive
reported will be presented at Council's August 28th meeting. He stated the benefits of a
private/public partnership, felt the City has created full transparency for everyone, and believed
the program would help the City maximize its revenue moving forward.
Mayor Tait agreed with the direction, stated he would like time to consider Model D further, and
expressed his appreciation for the report.
Council Member Faessel pointed out the direction does not commit Council to act at this point;
Council would still reserve the right to maintain the status quo should it choose to.
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Mayor Tait suggested Council consider voting on Model D at the next meeting and then direct
staff to go out on the RFP.
Council Member Vanderbilt stated he would like to hear from Mr. Williams and requested a
printed copy of the PowerPoint presentation.
Council Member Barnes asked about potential legislation regarding this matter and Mr. Clough
reported there were a number of bills, ranging from dispatch to mobile integrated health
community paramedicine, and offered to develop a list of bills affecting EMS that he will forward
to Chief Bruegman for disbursement.
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Robert Williams, Care Ambulance, questioned whether the City of Anaheim has 201 rights and
believed the City Attorney will have to make that determination. He felt ambulance costs,
including maintenance, will be extremely high, commented on the need for backups, and noted
increased risk and liabilities in terms of potential lawsuits.
In response to Mayor Pro Tem Moreno's inquiry, Mr. Clough addressed the implications to the
City if it loses the current lawsuit, noting the City would not have the ability to subcontract for any
ambulance provider, outside the supervision of the State EMS Authority. In terms of legal
implications, the lawsuit pertains to the process for how the City conducted the RFP. The lawsuit
was not specific as to whether the City was a 201 provider or not; the question of 201 was
secondary to the RFP process. He added that the State of California absolutely recognizes the
City as a 201 provider, addressed the levels of service, and noted implications would be whether
or not the City would be allowed to subcontract with the Supervision of State action immunity.
ADDITIONS\DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 4:12 P.M., Mayor Tait recessed to closed session for consideration of
the following items:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California
Government Code Section 54956.9: One potential case (Potential action challenging
the proposed Orange County Needle Exchange Program).
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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: People's Homeless Task Force, et al., v. City of Anaheim, USDC Court
Case No. 8:18 -CV -00642 DOC (KESx)
At 5:25 P.M., Mayor Tait adjourned the special meeting of the Anaheim City Council and the
regular meeting of the Anaheim City Council was called to order.
INVOCATION: Pastor Kim Skilling, Anaheim Presbyterian Church
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FLAG SALUTE:
Mayor Pro Tem Jose F. Moreno
At 5:29 P.M., the Anaheim Housing Authority was called to order in joint session with the
Anaheim City Council.
ADDITIONS/DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda items, except public hearing): Prior to receipt of public
comments, a brief decorum statement was provided by City Clerk Linda Andal.
Mayor Tait acknowledged people in attendance who wanted to address the Council on the issue
of homelessness and reported the City's first priority was to ensure the City's parks, sidewalks,
and public facilities were safe and has a duty to protect people and enforce laws. He felt the term
"homeless" was used too broadly and criminal activity cannot be tolerated. The City has a duty to
help those who cannot help themselves and was working vigorously to find shelter space,
referenced Judge Carter and an existing lawsuit, and noted that to enforce a "No Camping"
ordinance, there needed to 'be places for people who cannot help themselves to go. Mayor Tait
stressed the City needed to come together, as one, to get shelters built as quickly as possible, so
those in need can go there and get help. That was the result of a settlement from the lawsuit.
Once the shelters were in place, he believed the City would be on a path to end homelessness in
Anaheim.
Tamara Jimenez referenced letters sent to Council in opposition to the Orange County Needle
Exchange Program (OCNEP) going mobile, noting she was not against needle exchange
programs, as a whole, but OCNEP, in particular, noting they have proven to be a detriment to the
community in the City of Santa Ana. She expressed concerns relative to public safety, indicated
the State did not require testing, and they only have to offer a referral.
Cecil Jordan Corkern, Outreach Homeless Ministries, commented on sex trafficking at Disney,
the creation of Star Wars Land, the upcoming publishing of his Bible Magazine, and the
President's Space Program and policies on North Korea.
Colin Womer, Drug Free Anaheim, provided an update on the program; noted that so far, year-to-
date, the program has helped over 138 people, and commented positively on the City's Police
Department efforts in helping people. He announced Social Model Recovery Systems' Western
States Opiate Summit, September 19 through 21, 2018, at the Anaheim Convention Center.
R. Joshua Collins, Homeless Advocates for Christ, commented on the treatment of the homeless
and the City's laws regarding storage, RV parking, and camping. He spoke of a "sleep out" at City
Hall to bring attention to this matter and invited Members of Council to attend.
William Fitzgerald, Home Owners Maintaining Our Environment, referenced a previous Council
meeting where Michael Robbins spoke about the conditions of Disney employees and an incident
involving Mr. Robbins and Jill Kanzler, Executive Director of SOAR.
Julie Brunette thanked the City's Public Utilities Department for installing a new transformer in her
neighborhood, thanked Council Member Kring for her efforts in helping the neighborhood, and
opined on Mayor Pro Tem Moreno's sentiment toward with the Anaheim Police Department.
Duane Roberts, candidate for Anaheim City Council, District 2, referenced comments he made at
a prior Council meeting regarding converting the Dad Miller Golf Course into a 110 -acre
community park.
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Dean Quiroz reported he has been negatively affected by the RV anti -parking ordinance. He
reported he does not live in it but is just for personal, vacation use; he is currently unemployed,
and the citations will cause him to become homeless. He suggested implementing a permit
process for residents owning RVs.
Victoria Michaels thanked Grace Stepter, Community and Economic Development Deputy
Director, for her presentation at a recent meeting about the City's efforts regarding the homeless.
Ms. Michaels referenced Item No. 4 and reported, as an Anaheim Small Business Organization
Board Member, she was involved in the operation of a fireworks stand and claimed the results
were disappointing. She provided details of fees they had to pay, stated she has trouble with
non -profits having to pay so many fees, and provided a list of the fees that were paid.
Mike Robbins reported SOAR signs that were being removed and thrown away. He stated he put
them up again and reported losing several dollars' worth of signs.
Jeanine Robbins commented on an email sent by Council Member Kring and referenced Council
Member Kring's idea of banning safe -and -sane fireworks at a prior meeting. Additionally, she
shared her daughter's experience in the theater department of her high school and efforts at
fundraising for the department, noting she was able to raise $6,000. Ms. Robbins opined the sale
of safe -and -sane fireworks have no effect on illegal fireworks and illegal fireworks will continue.
Council Member Kring reported "The Cameraman" was also at the meeting, there
were many in the public who agreed with her suggestion to ban safe -and -sane
fireworks, and reported she asked for permission to be at the meeting.
Jennifer Ayres encouraged Council to do whatever it could to help the homeless and reported
writing Orange County Supervisors about the situation.
Lorenzo shared an incident where he left his wallet in a gas station restroom and when he
returned, he was told no one turned it in. A video showed a man holding his wallet, so filed a
report with the Anaheim Police Department. Following up after one week, he was told nothing
could be done.
Alfonso Rodriguez, Athletic Director, Anaheim High School, reported they have benefited from
fireworks sales and listed programs and schools that have been helped by the fundraising efforts.
He believed the practice brings the community together and benefits many students in the City.
Al Jabbar, Trustee, Anaheim Union High School District and Board President, thanked the City for
its support and spoke in favor of the sale of safe -and -sane fireworks for fundraising, adding that it
helps many students in the City, not only in sports programs but also in dance and theater
programs. He hoped the City will continue the program.
Wes Jones opined there was a Brown Act violation by Council Member Kring when she
communicated, via email, during a Council meeting. He addressed efforts to stop the sale of
safe -and -sane fireworks in the City, commented on a related ballot initiative, and noted the
program helps many students in the community. He urged Council to maintain the program, as it
has been successful in raising funds for community groups. Additionally, he commented on his
involvement in We Thrive, Anaheim.
Council Member Kring asked for the City Attorney's opinion in terms of her being
accused of violating the Brown Act. In response, City Attorney Robert Fabela
acknowledged the email in reference and indicated it was not a Brown Act issue as
the Brown Act does not cover electronic communications to a member of the
public during a meeting. He explained there was a Council policy addressing the
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use of personal electronic devices, but it was directive and not a basis for any sort
of legal action against the parties.
Tim Schindler welcomed new City Manager Zapata and Police Chief Cisneros, commented on
the needle exchange program in Santa Ana, reported it was a public health crisis, and opined that
drug addiction needed to be eliminated.
Mayor Tait noted Council discussed a needle exchange program while in Closed
Session and asked the City Attorney to provide a brief report. In response, City
Attorney Robert Fabela reported Council authorized the City to join a County
lawsuit against OCNEP and the State of California in order to restrain the program
in Orange County.
Sandra Angel reported she has just recently discovered the Oak Canyon Nature Center and
Trails, which has become her favorite place in Anaheim.
Tony Martin, Ex -Army Veteran, certified Fire Fighters and student at California State University in
Fullerton, commented on the need for change and announced he was running for Mayor of
Anaheim. He addressed issues important to him including homelessness and poverty and noted
the need to address spiraling housing costs. He commented on impoverished neighborhoods, on
involving the community to fix the community, on the treatment of minorities in the City, and
encouraged the public to learn more at www.votetonymartin.com.
"The Cameraman" spoke of "Bike with a Cop" event and the Police Department's 2004
Eurocopter, AS350132 Rotocraft. Additionally, he referenced allegations against Mr. Mike
Robbins and encouraged Council to look up Penal Code 145.5, Sections A, B, and C. He
commented on a protest at SOAR Headquarters at the beginning of the month.
Dr. Patricia Adelekan thanked Council for its kindness and consideration when it comes to
educators, commented on a recent Educators' Hall of Fame, and presented copies of the
program for Council's review. She reported receiving eighteen commendations from other
governments, Congressional records, proclamations from Anaheim and various other cities and
felt happy the community and agencies were coming together to honor educators who have
dedicated for many years to the City's young people. In terms of safe -and -sane fireworks, she
stressed the need to support the City's young people and their programs.
Shaun Dove commended Council on its consideration and vote regarding OCNEP, spoke about
the State legislation putting community members at risk, and spoke in opposition to the proposed
OCNEP Mobile Units.
Anh Pham thanked Council for its work and the Anaheim Police Department for the recent
progress in Maxwell Park in terms of the homeless and suggested increased transparency and
marketing for The Bridges shelter as well as maintenance and repairs.
Jeff Karish welcomed the new City Manager, City Attorney, and Police Chief and spoke in
opposition to OCNEP. He referenced Item No. 34 with concerns to resolve immediate problems
related to the homeless. He referenced a prior project on Lincoln Avenue near Dale and the
powerlines as an example of City's hands tied in terms of the State's affordable housing
guidelines.
Ashleigh Aitken, former Chair of the Community Services Board, commented on the struggle of
non -profits and educators in obtaining limited funds. She stressed the need to support non -profits
and public schools that benefit from the sale of safe -and -sane fireworks. She acknowledged
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challenges but noted fireworks was a proud tradition in the City and reiterated her request to
support non -profits and City schools.
Kenneth Batiste congratulated Council on the living -wage initiative, commented on RV parking
restrictions, and noted the need for Council to act on the matter. In terms of fireworks, he
believed schools, especially, should have the resources they need instead of having to raise
funds by selling fireworks.
David Duran referenced previous comments he has made and on the increasing number of
funerals he has attended and the lives that were lost.
Bob Donelson stated that no restrictions should be placed on the sale and use of safe -and -sane
fireworks, but there should be a goal of improving the margin of profit that can go for non -profits
and schools. He commended Council on its actions relative to a living -wage and spoke in
opposition to giving money away to large corporations. He encouraged everyone to vote and
support the living -wage initiative.
Bryan Kaye commented on the participation in the Anaheim Night Out by Police and Fire
Fighters. He referenced Senate Bill 1421, Peace Officers Release of Records, and Assembly Bill
931. He indicated Police Officers should be trained with the greatest advances and tools
available; when they are given greater tools, the public will be better, safer, and healthier.
Cynthia Ward welcomed new City Manager Zapata and everyone in the City Clerk's office for
stepping up when needed. Regarding fireworks, she stated use of illegal fireworks outstripped
the days when safe -and -sane fireworks were available and noted what the City needs was to
enforce the prohibition of illegal fireworks. She suggested if the City wanted to ban safe -and -
sane fireworks it could do so, temporarily, to see if there was a change in the use of illegal ones.
Ms. Ward addressed Council Member Kring regarding an email she sent.
A male speaker commented on the diversity of the City, noted those in different cultures or areas
in the City, and hoped the new Chief of Police would communicate with all residents.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Mayor Tait welcomed Chris Zapata as City Manager and thanked Linda Andal for her service as
Interim City Manager, as well as Theresa Bass and Jennifer Hall for serving in acting capacities
over the past year.
Council Member Faessel requested to adjourn the meeting in memory of Donald Yvaska and for
Public Hearing Item No. 39 to be considered following the Consent Calendar.
Council Member Vanderbilt congratulated GOALS Academy and the ABC (Alameda-Brownwood-
Catalina) Neighborhood for their agreement and commented on marijuana dispensaries.
Mayor Pro Tem Moreno requested to adjourn the meeting in memory of local school teacher,
Amy Nakahara.
Council Member Kring provided background information about Donald Yvaska, requested to
adjourn the meeting in memory of Battalion Chief Matthew Burchett, addressed fireworks, and
presented material and information from the Vector Control Board.
Council Member Murray welcomed City Manager Chris Zapata and Police Chief Jorge Cisneros
and thanked Deputy Chief Julian Harvey for his service as Acting Police Chief. She
congratulated parents on the opening of the Palm Lane Charter School and requested the
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meeting also recognize the missing soldier from the 131 Marine Expeditionary Unit (MEU) and his
family. She requested two agenda items for August 28th regarding the Orange County Needle
Exchange Program, as follows: 1) Report on the State's Department of Health's purpose for
authorizing the program, including statistical information that ranks Anaheim and OC in terms of
infectious diseases caused by needles used for this purpose, State objectives, proposed metrics
or outcomes intended by this program, how they propose to operate, specifics of the operation,
age restrictions if any, City liability for anyone hurt by discarded needles, will the program
proactively encourage or facilitate treatment or services such as detox, hospitalization,
counseling, and support group referrals, and the positions of the City's service providers, such as
Drug Free Anaheim, OC Recovery Collaborative, County of Orange Social Services, CityNet and
others, as it pertains to the effectiveness of mobile needle distribution in our County. 2) Provide
direction to specifically allow Council to impose a moratorium to prevent a mobile needle
exchange program to operate in Anaheim, similar to previous actions for marijuana dispensaries;
specifically to mobile programs with no ties to services that could potentially make matters worse
as a public health and public safety imperative for our city.
Mayor Tait reminded his Council colleagues about the policy regarding texting at the dais and
reaffirmed the policy and the need to be present and respectful.
CITY MANAGER'S UPDATE:
City Manager Chris Zapata thanked Council and the community for the gracious welcome and
opportunity to serve the city. He reported his visits to Beach Blvd., National Night Out, Maxwell
Park, and a ride -along with the Police Department. He further announced he will live in Anaheim
near Dad Miller Golf Course and will take him approximately 90 days to become familiar with the
city.
At 7:29 P.M., Mayor Tait briefly recessed the City Council meeting for consideration of the
Housing Authority agenda, reconvening the meeting at 7:30 P.M.
CONSENT CALENDAR: At 7:30 P.M., the City Council Consent Calendar was considered with
Mayor Pro Tem Moreno pulling Item No. 04 and Mayor Tait pulling Item No. 31 for separate
discussion and consideration.
MOTION: Council Member Kring then moved to waive reading in full of all ordinances and
resolutions and to adopt the balance of the consent calendar as presented, in accordance with
reports, certifications, and recommendations furnished each city council member and as listed on
the consent calendar, seconded by Council Member Faessel. ROLL CALL VOTE: AYES — 7:
(Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel).
NOES — 0. Motion carried.
D116 3. Approve recognitions recognizing the Miss Anaheim Fall Festival Scholarship Program's
2018 Outgoing Court and the Miss Anaheim Hills Court 2018.
5. Approve the Fiscal Year 2017/18 write-off of uncollectible miscellaneous accounts
D128 receivable totaling $1,302,817.
6. Approve and authorize the Fiscal Year 2017/18 net write-off of uncollectible utility
D182 accounts totaling $665,314.
City Council Minutes of August 14, 2018
Page 11 of 30
7. Accept the bids of Veterans Communication Services, Inc., CalTek Communications, Inc.,
D180 and Marquez Cable Systems, Inc., in a combined amount not to exceed $200,000, for
citywide data, telephone & fiber optic cabling services, for a one-year period with four one-
year optional renewals and authorize the Purchasing Agent to exercise the renewal
options, in accordance with Bid #9169.
D180 8. Accept the bid from BrightView Landscape Services, Inc., in an amount not to exceed
$575,796 plus a 20% contingency, to provide landscape maintenance services for the
western portion of the Anaheim Resort Maintenance District and the Anaheim Convention
Center for a one-year period with up to four one-year optional renewals and authorize the
Purchasing Agent to exercise the renewal options, in accordance with Bid #9157.
F
D180 9. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing
Agent to issue purchase orders to Mythics, Inc., in the amount of $792,512 plus applicable
tax, for the purchase of Oracle software licenses and related annual support and authorize
the Purchasing Agent to exercise annual support renewals subject to available budget
appropriations each fiscal year, in accordance with the California Department of General
Services Software License Program SLP -17-70-0121 D.
10. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the Purchasing
D180 Agent to issue a purchase order to 911 Vehicle, Inc., in the amount of $28,174, for the
installation and purchase of communication equipment for two fire apparatuses.
11. Authorize the Purchasing Agent to issue purchase orders, in an amount not to exceed
D180 $4,629,464 plus applicable taxes, for 80 city vehicles for Fiscal Year 2018/19, which
includes a 3% contingency for unexpected costs associated with these vehicle purchases,
and for the replacement, if necessary, of additional vehicles due to severe damage
caused by accidents.
12. Approve an agreement with InfoSend, Inc., in a total amount not to exceed $800,000 per
AGR- year, to provide utility bill print and mailing services for three years, with seven optional
3289.13 one-year extensions, and authorize the Public Utilities General Manager, or designee, to
execute the agreement and any related documents and take the necessary actions to
implement and administer the agreement.
13. Approve a Professional Services Agreement with Security Land & Right of Way Services,
AGR- Inc., in an amount not to exceed $200,000, for property management services to support
10990.A current and future housing and economic development needs for a two-year term with two
two-year optional extensions, and authorize the Community and Economic Development
Director, or his designee, to execute and administer the agreement.
14. Approve Professional Services Agreements with The Converse Professional Group, EFI
Global, Inc., and Ninyo & Moore Geotechnical & Environmental Sciences Consultants,
AGR -11178 each in an amount not to exceed $200,000, for on-call environmental services to support
AGRA 1179currentand future housing and economic development activities for a two-year term
AGR -1118800 g p y
beginning August 1, 2018 with three one-year optional extensions, and authorize the City
Manager, or designee, to execute, implement, and administer the agreements.
City Council Minutes of August 14, 2018
Page 12 of 30
AGR- 15. Approve Amendment No. 1 to All Inclusive Agreement with the First Congregational
10864.1 Church of Anaheim, in the payment amount of $59,858.22, for property located at 515
North State College Boulevard for the State College Boulevard/La Palma Avenue
Intersection Improvement Project (RNV ACQ 2015-00559).
16. Approve the Acquisition and Funding Agreement with the City of Anaheim Community
AGR- Facilities District No. 08-1 (Platinum Triangle) and TH Lewis Venture LLC, in an amount
10759.1 not to exceed $315,000, for the City to acquire public facilities and authorize the Director
of Public Works, to approve request(s) for payment in accordance with the provisions of
the agreement and take the necessary actions to accomplish the purposes of the
agreement.
AGR- 17. Approve a Cooperation Agreement with the Anaheim Housing Authority, in the amount of
6284.IX $700,000, to transfer HOME Investment Partnership Program funds for the Avon Dakota
neighborhood revitalization project located at 620 East Avon Place, and authorize the
Community & Economic Development Director, or his designee, to execute and
administer the Cooperation Agreement (related to Housing Authority Item No. 01).
18. Approve and authorize the Fire Chief to execute Professional Service Agreements with
AGR- LaTasha Dicus, Jamie Jantzen, and Krista Pope, each in amount not to exceed $100,000
10219.A per term, to provide emergency medical education, continuous quality improvement, and
AGR- infection control oversight to Anaheim Fire & Rescue personnel for a one-year term with a
10218.A one-year optional renewal, for a maximum of up to two years on the same terms and
AGR- conditions.
11181
19. Waive Council Policy 4.1 and approve an agreement with Lyons Security Service, Inc., in
AGR- an amount not to exceed $50,000, for security patrol services in the City for a six-month
11182 term, and authorize the Chief of Police, or designee, to take the necessary actions to
implement and administer the agreement.
20. RESOLUTION NO. 2018-106 A RESOLUTION OF THE CITY COUNCIL OF THE
D155 CITY OF ANAHEIM adopting an affordable housing policy affirming that affordable
housing is a priority in the City of Anaheim.
21. RESOLUTION NO. 2018-107 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the Workforce Innovation and Opportunity Act Subgrant
AGR- Agreement between the City of Anaheim and the State of California for the term of April 1,
9081.0 2018 through June 30, 2020.
22. RESOLUTION NO. 2018-108 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
P124 interests in real property (City Deeds Nos.: 12220, 12227, 12228, 12229, and 12230)
(current and future City uses for the provision of utility services, including the installation of
water and electrical facilities).
City Council Minutes of August 14, 2018
Page 13 of 30
23. RESOLUTION NO. 2018-109 A RESOLUTION OF THE CITY COUNCIL OF THE
T105 CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities
District No. 06-2 (Stadium Lofts).
RESOLUTION NO. 2018-110 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities
District No. 08-1 (Platinum Triangle).
24. RESOLUTION NO. 2018-111 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a cooperative fire protection agreement with the California
AGR- Department of Forestry and Fire Protection and authorizing the Anaheim Fire Chief to
1666.1- execute the operating plan and any other documents required in connection with that
agreement (Cooperation Agreement, in an amount not to exceed $152,256.81, for
wildland fire protection for the term of July 1, 2018 to June 30, 2019).
25. RESOLUTION NO. 2018-112 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing classifications and rates of compensation for
D154 classifications assigned to the Anaheim Municipal Employees Association, General Unit.
RESOLUTION NO. 2018-113 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing classifications and rates of compensation for
classifications assigned to the International Brotherhood of Electrical Workers, Local 47.
RESOLUTION NO. 2018-114 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2014-093 for the purpose of creating,
deleting and/or modifying certain classifications designated as Administrative
Management.
RESOLUTION NO. 2018-115 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2014-094 for the purpose of creating,
deleting and/or modifying certain classifications designated as Middle Management.
RESOLUTION NO. 2018-116 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2014-096 for the purpose of creating,
deleting and/or modifying certain classifications designated as Supervisory Management.
RESOLUTION NO. 2018-117 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2015-196 for the purpose of creating,
modifying, or deleting classifications and rates of compensation for classifications
designated as Fire Safety Management.
26. RESOLUTION NO. 2018-118 A RESOLUTION OF THE ANAHEIM CITY COUNCIL
D116 declaring a shelter crisis pursuant to Senate Bill 850 (Chapter 48, Statutes of 2018 and
Government § 8698.2).
City Council Minutes of August 14, 2018
Page 14 of 30
27. ORDINANCE NO. 6441 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 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
(Public Hearing noticing requirements for discretionary land use requests) (Zoning Code
Amendment No. 2017-00145; DEV2017-00123) (Introduced at Council meeting of July 17,
2018, Item No. 25).
Item No. 27 was reconsidered during End of Consent.
MOTION: Council Member Faessel moved to adopt ORDINANCE NO. 6441
(ADOPTION) 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, seconded by Mayor Pro Tem
Moreno. ROLL CALL VOTE: AYES — 4: (Mayor Pro Tem Moreno and Council Members
Vanderbilt, Barnes, and Faessel). NOES — 3: (Mayor Tait and Council Members Murray
and Kring). Motion carried.
28. ORDINANCE NO. 6442 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Chapter 6.43 to Title 6 (Public Health and Safety) of the Anaheim
M142 Municipal Code relating to Unmanned Aircraft Systems (Drones) and finding and
determining that this ordinance is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA guidelines
because it will not result in a direct or reasonably foreseeable indirect physical change in
the environment and is not a "Project", as defined in Section 15378 of the State CEQA
guidelines [Regulate operations of unmanned aircraft systems (Drones)] (Introduced at
Council meeting of July 31, 2018, Item No. 22).
29. ORDINANCE NO. 6443 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
amending portions of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2)
C420 Zoning and Development Standards) of Title 18 of the Anaheim Municipal Code and the
Anaheim Resort Specific Plan 92-2 (Amendment No. 15 to the Anaheim Resort Specific
Plan) (1441 South Manchester Avenue; create a new density category "Medium Density -
Modified") (Introduced at Council meeting of July 31, 2018, Public Hearing Item No. 29).
Determine that the proposed amendment to the Specific Plan was adequately analyzed
pursuant to the Mitigated Negative Declaration approved in conjunction with the project on
July 31, 2018.
30. Approve minutes of Council meeting of March 6, 2018.
D114
City Council Minutes of August 14, 2018
Page 15 of 30
END OF CONSENT CALENDAR:
4. Receive and file the 2018 Anaheim Fireworks and Sales Program update.
D116 Deputy City Manager Greg Garcia presented the staff report summarizing the City's enforcement
activities over the Fourth of July holidays and a report on financial activity reported by non -profits
selling safe -and -sane fireworks. He addressed voter approval of Measure E; reported on portions
of the City where safe -and -sane fireworks are prohibited and allowed; commented on the City's
current sales model; and automatic permits to each Anaheim school and via a lottery and for non-
profits. Additionally, he reported on the establishment and make-up of the Fourth of July
Taskforce, enforcement, implementation of a comprehensive communication plan, increased
staffing, dedicated enforcement teams, and enhanced technology. Mr. Garcia addressed
statistics including the number of calls made to the Police Department and operation and
enforcement costs, most of which involved overtime. He presented a map of hotspots in the City;
addressed fines for offenses, citations, and warnings; noted significant fire incidents in the City;
and reported on ongoing challenges with illegal fireworks. Mr. Garcia provided a summary of the
2018 fireworks sales program, noting it was up to the non-profit to choose an approved fireworks
vendor. He reported the City's permit fee was consistent with other jurisdictions and goes toward
reimbursement of the City's costs and was now being reduced from $800 to $672 as a result of
the recent fee study approved by Council. He displayed a map of booth locations throughout the
City, a list of each non-profit organization's final net profit as reported by the organizations, and a
three-year overview of the fireworks sale programs.
DISCUSSION: Council Member Kring referenced the lottery for non -profits and asked whether
those chosen would be eligible to participate in subsequent years. Mr. Garcia reported a change
this year, implementing a one-year "sit out" for those who won the lottery. Council Member Kring
reported residents do not want to be impacted by fireworks and expressed concern for animals
and veterans suffering from PTSD. She acknowledged the benefits to non -profits and schools,
but believed consideration must be given to how much this was costing taxpayers and
businesses in the City. In response to her question as to whether there were any injuries, Fire
Chief Randy Bruegman reported there were several injuries throughout Orange County and
asked for time to verify the specifics. Council Member Kring indicated she would like to bring the
item back for consideration at the next Council meeting to consider banning safe -and -sane
fireworks.
Mayor Tait explained the three-year overview of the sales program, noting the City changed its
policy in 2017 to allow the sale of fireworks by schools and non -profits. Mayor Tait asked about
the proceeds given to the non -profits from the Honda Center sale of fireworks and Mr. Garcia
reported $40,000 was given to the Anaheim group for the Fourth of July event. In response to
Mayor Tait's question about the percentage of complaints received related to safe -and -sane
fireworks, Chief Bruegman reported no complaints were received on safe -and -sane fireworks.
Council Member Kring noted residents were unable to tell which fireworks were illegal and which
were safe -and -sane and stated the $93,000 from 2016 was because of a different system
implemented at that time. She added people complained of war -zone -like situations, stressed the
need to do something about it, and opined the safe -and -sane fireworks gave cover to illegal
fireworks.
Chief Bruegman reported there were multiple injuries throughout the county, six of whom were
transported to Anaheim hospitals. He added the Department did not track whether those injures
were from illegal or safe -and -sane fireworks.
City Council Minutes of August 14, 2018
Page 16 of 30
Council Member Vanderbilt commented on the map of hotspots and suggested that staff supply a
similar map for the last three years at the next Council meeting where this item will be discussed.
Additionally, he recommended deploying officers to the hotspots and suggested mere presence
of a Police Officer may have a positive effect. Council Member Vanderbilt asked about warnings
and whether there was a possibility of confiscating the fireworks. Chief Bruegman confirmed the
Police Department would confiscate fireworks even if they did not know owns them, especially if
they were illegal. In terms of looking at the last three years and enforcement, he believed the
hotspots would be similar throughout, some of the areas have become larger, and noted an
increase in the amount of large mortars going off. He agreed it goes back to enforcement and
felt, whether fireworks were banned or not, this was not a fireworks issue but rather a societal
issue, adding that often, people do not want to follow rules and others want "bigger and louder"
fireworks. He believed the issue has to do with enforcement and even if safe -and -sane fireworks
are banned, the problem will persist. Solutions will include increased communication, increased
patrol, and changes to enforcement tactics and Chief Bruegman asserted the safe -and -sane
fireworks do not cause significant issues, but rather illegal fireworks. He reiterated the need for
increased enforcement and agreed it will cost the City money.
Council Member Vanderbilt referenced prior Council consideration on the topic and asked if the
Charter Committee issued a report with results of a study about safe -and -sane fireworks covering
for illegal fireworks. Chief Bruegman reported he testified to the Charter Committee on the matter
but was unsure if they issued a report; he added the matter was also considered by the Planning
Commission.
Council Member Vanderbilt noted this issue requires serious study and felt it important to have a
plan that addresses illegal fireworks.
In response to Council Member Faessel's question, Chief Bruegman confirmed most of the 926
calls for service during the last Fourth of July holidays were for illegal fireworks. He added that
the enforcement team could have used three or four times the number people that they had at the
last event, and to curb the behavior and trends, the City will need to spend three or four times the
$75,000 it spent for enforcement.
Council Member Faessel asserted it could go beyond $250 million, which was well beyond the
benefit to the non -profits but stated he was impressed by the non-profit financials. He
commented on the possibility of cost recovery but did not feel it would make a dent in the costs
and noted the need for further study. He thanked the Chief and staff for the information in the
report and stated he was sensitive to his neighbors but also to the funds raised by the non -profits
that need them.
In response to Council Member Murray's question, Mr. Garcia reported all City high schools were
guaranteed a permit and non -profits were chosen by lottery. She noted the amount spent on
enforcement, felt it was low, and asked about the hours of operation of the enforcement teams.
Mr. Garcia reported they worked from June 29th to July 4th from 5:00 P.M. to 1:00 A.M. The
team was made up of Police Officers, Code Enforcement Officers, and Fire staff. Council
Member Murray stated people complained about the police response time, noted the need to
distinguish between safe -and -sane and illegal fireworks, and affirmed firing off fireworks at Public
Safety vehicles was a crime. Chief Bruegman agreed to noted challenges in catching
perpetrators, especially by Fire Safety personnel. Council Member Murray asked to hear about
criminal penalties in putting Public Safety Officers at risk.
Deputy Police Chief Julian Harvey confirmed it was a serious crime and commented on the need
to see a potential suspect committing the crime and be close enough for an officer to make an
arrest.
City Council Minutes of August 14, 2018
Page 17 of 30
Deputy Chief Harvey noted it came down to volume, the number of activities, and the need to be
close enough to witness an act. He believed a solution would be to quadruple the number of
personnel and change tactics, saturating an area with plain -clothes personnel and being close
enough to observe activity. He added that would take a significant commitment.
Council Member Murray addressed calls for service and felt it would be helpful to have
information regarding the three years before 2016 in order to make a proper comparison.
Deputy Chief Harvey reported calls for service in 2014 were down by 35% from the year prior;
2015 was when safe -and -sane started and showed a 44% increase from 2014; 2016 was 28%
above 2015; 2017 had an increase of 12%; and 2018 an increase of 14%.
Council Member Murray requested a slide with the number of calls for service dating back to
previous years and including a one-year buffer (i.e., 2011 - 2015). In terms of the Charter
Commission, she stated those meetings were recorded and were available on the City website.
She suggested repackaging the information for ease of access by residents, on the City's
website, including reports by the Charter Commission and the information presented tonight. In
response to her inquiry regarding reducing fees for some, Mr. Garcia reported that was part of
this year's budget adoption. She asked about reimbursing organizations the difference between
last year's fees and this year's budget adoption, to which Mr. Garcia responded staff could look
into it but noted the fee adjustment was after the budget adoption with a thirty -day grace period.
Council Member Murray remembered the Charter Committee recommended a Charter
Amendment on this matter and thanked Council Member Kring for her input at the time this was
considered by the Committee.
Council Member Kring reported checking with the City Attorney's office and confirmed Council
may decide on this; the item does not need to go to the ballot. She suggested encouraging the
public to take pictures of incidents when reporting them to the police.
Deputy Chief Harvey agreed the pictures could be used in investigations but noted most of the
crimes were misdemeanors and created a complexity in terms of putting a case together; while
some rise to the level of felony, depending on the amount.
Council Member Faessel asked about what part the Police helicopter Angel plays in this and
Deputy Chief Harvey reported Angel is airborne during critical periods and can use tracking and
mapping systems to get as close as possible to try to identify a suspect.
Mayor Pro Tem Moreno reported he voted against the initiative in 2014. He referenced Chief
Bruegman's comments about other cities selling them and even if the City banned them, there will
still be problems with safe -and -sane as well as illegal fireworks. Whatever the decision, he noted
the need to invest in enforcement to protect residents and their homes. He added this was a
social trend as people have been convinced about how to celebrate the Fourth of July. He
commented on the money raised by schools and non -profits and felt that by banning safe -and -
sane fireworks that money will go towards surrounding jurisdictions. Mayor Pro Tem Moreno
asked about the new funding claimed in marketing materials supporting the initial initiative and
Chief Bruegman reported the funding has been for both Police and Fire for enforcement around
the July Fourth holidays. He did not believe it created any new mechanisms for funding in the
City. Mayor Pro Tem Moreno felt this should be considered, noted there was room for growth
when considering sales versus money spent on enforcement, and suggested engaging
neighborhood leaders in the hotspots and the July Fourth Taskforce to study the issue and
develop recommendations. He added Council should study what the voters voted for instead of
City Council Minutes of August 14, 2018
Page 18 of 30
banning fireworks and consider how to keep the community, safe; noting there was still time to
work on the issue.
Council Member Murray felt residents have been expecting Council to act, did not think it would
be harmful to vote on this at the next meeting, and stated the voters made an informed decision
knowing that Council had the ability to act if neighborhoods were under siege.
Council Member Kring reported 53% of the people voted for this initiative but noted many of the
people who voted for it have told her they want fireworks banned.
Mayor Tait noted the problem was clearly, illegal fireworks and commented on benefits for
schools and non -profits and the tradition of celebrating the Fourth of July. He reported safe -and -
sane fireworks could be banned, but it would not solve the problem with illegal fireworks.
MOTION: Mayor Tait moved to receive and file the 2018 Anaheim Fireworks and Sales Program
update, 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.
RECONSIDERATION OF CONSENT CALENDAR ITEM NO. 27
27. ORDINANCE NO. 6441 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Chapter 18.60 (Procedures) of Title 18 (Zoning) of the Anaheim
C280 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
(Public Hearing noticing requirements for discretionary land use requests) (Zoning Code
Amendment No. 2017-00145; DEV2017-00123) (Introduced at Council meeting of July 17,
2018, Item No. 25).
Council Members Kring and Murray as well as Mayor Tait requested to reconsider Item No. 27 to
reflect their prior vote when the Ordinance was introduced.
MOTION: Council Member Faessel moved to adopt ORDINANCE NO. 6441 (ADOPTION)
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, seconded by Mayor
Pro Tem Moreno. ROLL CALL VOTE: AYES — 4: (Mayor Pro Tem Moreno and Council
Members Vanderbilt, Barnes, and Faessel). NOES — 3: (Mayor Tait and Council Members
Murray and Kring). Motion carried.
31. Receive and file the report regarding the Orange County Needle Exchange Program
D112 mobile operations plan and legal options to challenge the approval of that plan.
DISCUSSION: Mayor Tait pulled this item, noting there has been significant discussion on the
matter, and thanked Council Member Barnes for her representation at the Board of Supervisors'
offices. He referenced the Closed Session report from the City Attorney on this item.
City Council Minutes of August 14, 2018
Page 19 of 30
Council Member Murray reported OCNEP has been authorized to do a needle exchange program
in Anaheim and referenced her request for Council to send a letter of opposition to the State
Department of Health and legislative representatives, which passed unanimously. She
addressed her request for Council to take legal action as a Charter City and stated she was glad
Council was supporting the County in its legal actions against the State. She noted the program
sets the City up for failure and asked for consideration of placing a moratorium from keeping the
program from operating as a mobile program. She requested placing the items on Council's next
meeting agenda, noted she has seen no report regarding infectious diseases being tied to needle
use, and felt it would be helpful to see that data. She asked for a comprehensive report, reported
she would work with the City Attorney's office on this matter, invited Council colleagues to join
her, and asked Council to act on a moratorium.
MOTION: Mayor Tait moved to receive and file the report regarding the Orange County Needle
Exchange Program mobile operations plan and legal options to challenge the approval of that
plan, 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.
Mayor Pro Tem Moreno reported the program was projected to start September 14th.
City Attorney Robert Fabela reported the State authorized beginning operations as early as
August 6th, because of the lawsuit. The program has committed to waiting until September 14th
which will be the first hearing on that lawsuit.
32. Receive and file the presentation on the Digital Mapping Initiative at Anaheim High
D160 School.
Mayor Pro Tem Moreno commented on the proliferation of school shootings around the country,
commented positively on the Digital Mapping Initiative at Anaheim High School, and shared a
prior incident where reports came in about a possible shooting at a City school and there was a
school lock -down.
Deputy Chief Julian Harvey introduced Jennifer Root, Assistant Superintendent for the Anaheim
Union High School District, and David Sobel, owner of the Sobel Group. He addressed the
Digital Mapping Initiative including training, elements and capabilities of the system, and deferred
to Mr. Sobel for a demonstration of the system.
David Sobel displayed components of the system, information provided, overlay capabilities, and
noted this was an additional and helpful tool for Police and Fire Fighters.
Jennifer Root commented on the collaborative effort and thanked the City for the commitment by
the Police and Fire Departments. She noted the number one priority for students is safety, listed
efforts to increase safety, and hoped the same process can be implemented in other City schools.
DISCUSSION: In response to Mayor Pro Tem Moreno's inquiry, Mr. Sobel reported the program
was implemented at Anaheim High School as a pilot program to ensure the Police and Fire
Departments have a need and use for this tool. He addressed the successful launch and training
sessions and reported the School District has moved forward with two additional systems at
Katella and Kennedy High Schools, with a goal of completing installation at all schools within the
district. He addressed the genesis of the project and shifting efforts toward public schools versus
the private businesses.
City Council Minutes of August 14, 2018
Page 20 of 30
Mayor Pro Tem Moreno thanked staff and the City's consultant and commented on the
importance of the item.
Mayor Tait expressed appreciation to the School Board and the Police Department for being
proactive on this issue.
Council Member Faessel asked about rolling the program out to all City schools and Deputy Chief
Harvey reported on the different challenges and resources in each district, noted this tool may not
be the best fit for every district or school site, and commented on the importance of a testing
process. Implementation would be the decision of each individual district.
Council Member Murray commented positively on the program and asked about costs and
whether there have been discussions with other school districts. Mr. Sobel reported districts all
over the State have contacted them, they have reduced the costs in the private sector, and
reiterated it is up to each district to decide whether they will implement the program. Pricing for a
typical, large high school runs between $25,000 and $30,000 and lower for middle and
elementary schools. He added there has been attention at a Federal level and there may be
grant opportunities to school districts and municipalities. The school districts would incur a one-
time cost and the program was given to Police and Fire Departments at no charge to the City.
Council Member Murray suggested developing a Council policy to encourage City Management
and Police and Fire Chiefs to reach out to all seven school districts to determine their interests
and asked for that to be considered at a future meeting.
Council Member Vanderbilt asked Deputy Chief Harvey for suggestions in preparation of an
incident. Deputy Chief Harvey commented on the three-level lock -down procedures developed
several years ago leading into effective dialogue among the school districts to adopt the
procedures. Liaisons have helped in eliminating confusion, explained the use of mass media for
incidents, and noted every incident was different.
MOTION: Mayor Tait moved to receive and file the presentation on the Digital Mapping Initiative
at Anaheim High School, 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.
At 9:15 P.M., Mayor Tait considered the agenda out of order and heard Public Hearing Item No.
39 prior to the remainder of the agenda.
PUBLIC HEARING:.
39. CONDITIONAL USE PERMIT NO. 2010-05486H
C220 (DEV2009-00083H)
LOCATION: 2232 South Harbor Boulevard
APPLICANT: Musa Madain, 2232 S. Harbor Boulevard, Anaheim, CA 92804
PROPERTY OWNER: Daniel Untalan, P.A. Poon and Son, Inc., 18862 Beach Blvd.,
Suite 103, Huntington Beach, CA 92648
REQUEST: To amend the conditions of approval for an existing theater, restaurant,
and banquet facility (M3Live Anaheim Event Center) to extend the permitted hours of
operation.
Environmental Determination: The City Council will consider whether the proposed
action is categorically exempt from the requirements to prepare additional
City Council Minutes of August 14, 2018
Page 21 of 30
environmental documentation per California Environmental Quality Act (CEQA)
Guidelines, Section 15301, Class 1 (Existing Facilities).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved staff recommendation to deny the request to amend the conditions of approval
(Resolution No. PC2018-033). Vote: 6-1 (Commissioners Armstrong, Carbajal, Gillespie,
Keys, Lieberman and White voted yes. Chairperson Dalati voted no). Motion Carried.
(Planning Commission meeting of June 11, 2018)
(Appealed by Musa Madain).
(Continued from Council meeting of July 31, 2018, Item No. 30).
RESOLUTION NO. RES -2018-120 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM denying an amendment to Conditional Use Permit No. 2010-
05486 to extend the hours of operation and making certain findings in connection
therewith (DEV2009-00083H; 2232 South Harbor Boulevard).
Planning and Building Director David Belmer stated the public hearing pertained to an appeal of
the Planning Commission's decision to deny extended hours of operation for the M3Live Anaheim
Event Center. M3Live is a 43,500 square foot dining, banquet, and entertainment facility located
in the southern end of The Anaheim Resort, near the City's border with Garden Grove. The
property is surrounded by residences to the east and south and commercial uses to the north,
west, and south. The restaurant and banquet facility is situated at the front, or west, side of the
building and a 990 -seat theater is located within the rear, or east, side of the building. In July
2010, the Planning Commission approved a Conditional Use Permit (CUP) for a dinner theater
venue, known as Battle of the Dance, to operate on the subject property. They occupied the
property via a lease from the property owner. As the dinner theater business began to struggle,
the business owner at the time rented out the facility to various outside groups, including a
nightclub promoter, in violation of the CUP. In May 2012, to help expand the uses allowed at the
venue, the Commission amended the CUP, to allow various activities such as private parties,
meetings and banquets, religious assembly, and convention type events. However, the
Commission denied the applicant's request to hold concerts or to operate as a nightclub. Battle
of the Dance subsequently closed in 2012 and the building remained vacant until occupied by the
current tenant, M3Live Anaheim Event Center.
Mr. Belmer stated that prior to M3Live opening, the Commission reviewed M3Live's proposed
operations for the venue. At that time, M3Live, owned and operated by applicant Musa Madain,
agreed to abide by all of the pre-existing conditions for the Battle of the Dance use as amended.
M3Live opened in 2014 with dinner theater shows on Friday and Saturday nights and a restaurant
that operated from Sunday through Thursday. Since M3Live began operations, the applicant has
been before the Planning Commission five times to request amendments to the existing CUP.
These include the change from a dinner theater to a concert venue, allowing outdoor use, and
Starline Tours allowed to park buses on the property to generate revenue. Modifications were
made to the hours of operation; specifically the venue was allowed to remain open until 2 A.M. on
New Year's Eve and 11:30 P.M. on weekends.
Mr. Belmer noted the neighbors living in the adjacent residential area have attended each of the
public hearings. In the past, the neighbors had concerns with noise coming from inside the venue,
associated with the concert venue. The neighbors continue to have concerns with noise, primarily
parking lot noise, such as honking, car alarms, groups of people talking loudly, and loitering. On
June 12, 2018, the Planning Commission reviewed the applicant's request to extend the venue's
hours of operation until midnight on weeknights and 2 A.M. on weekends. At the Planning
Commission meeting, the applicant modified the request reducing weekend hours to 1:00 A.M.
The Planning Commission denied the request; the applicant has subsequently appealed the
Planning Commission's decision. The applicant is now asking for the banquet room and
City Council Minutes of August 14, 2018
Page 22 of 30
restaurant to operate until 10:00 P.M. Sunday through Tuesday and until midnight on Wednesday
through Saturday. There is no requested change to the hours for the theater.
Mr. Belmer further stated that staff and the Planning Commission do not recommend any
extension of operating hours for the facility, due to the anticipated impacts to the adjacent
residential neighborhoods. Residential homes adjoin the east and south sides of the M3Live
property, adjacent to the venue's parking lot. The parking lot noise associated with the end of
events, including car alarms, music played from cars, and patrons talking and loitering in parking
areas. Staff and adjacent residents have previously documented that excessive noise from these
events have negatively affected the adjacent residential neighborhood. Testimony from
neighboring residents indicate that they do experience noise with the end of events, but over the
past year have not complained or reported it as long as the business operated within the
permitted hours of operation. The Police Department is not supportive of any extension in the
hours of operation. Therefore, staff recommends that the City Council deny the requested appeal
and uphold the Planning Commission's action.
DISCUSSION: In response to Council Member Faessel's inquiry regarding changes made by the
applicant subsequent to the Planning Commission's consideration, Mr. Belmer reported the
applicant has submitted changes in his original appeal and in the most recent request, to reduce
the requested hours of extension. He was now requesting two additional hours, two days a week
on Wednesday and Thursday nights from 10:00 P.M. until midnight.
Mayor Tait reported meeting with two neighboring property owners.
Mayor Pro Tem Moreno disclosed he met with two residents and asked about notification and
input from the community. Mr. Belmer reported the item required notification of surrounding
neighbors and residents appeared before the Planning Commission. He added the applicant did
not hold a neighborhood meeting but, at the applicant's request, a meeting was hosted at City
Hall to discuss whether there was any opportunity for additional compromise. Residents felt they
have already compromised and there have already been a series of amendments made to the
CUP.
Council Member Kring reported meeting with two residents of the neighborhood who presented
her with a petition with many signatures opposing the proposal.
Mayor Tait opened the public hearing.
Vicente Sarmiento, representing the applicant, commended staff for the help and professionalism
and reported the applicant was very responsible, had invested a lot of money in the venue, had
other businesses in the City, and has been loyal to Anaheim. He addressed outreach to
concerned residents and reported calls for service have originated from one resident. He
reported most calls for service in 2017 were for transient calls and noted the applicant's efforts in
mitigating impacts. He addressed the various requests made by the applicant and changes made
in taking the Planning Commission and residents' concerns. Mr. Sarmiento provided details of
issues discussed during the Planning Commission hearing, reported the proposal was to use the
main banquet facility, not using the entire parking lot, and creating a buffer between the
neighborhood being impacted and the facility. He added a letter of support was received from a
resident of the Summerland area, addressed a proposed barrier, and noted the Southeast
Parking Area would not be used and the 224 parking spaces in the northern area would be
sufficient to accommodate events in the main banquet area. He noted most surrounding
businesses are hotels that have banquet spaces that are open beyond 10:00 P.M. and
commented on the Colony House which closes at midnight, daily. He referenced a video shown
during the Planning Commission meeting and stated it lacked a date/time stamp and could have
City Council Minutes of August 14, 2018
Page 23 of 30
preceded the applicant's time of operating the venue. He suggested allowing the project on a trial
basis and reconsidering the matter after the trial.
Musa Madain, applicant, addressed efforts at mitigating neighbor concerns, listed businesses he
has had in the City, commented on outreach to neighbors, and addressed investments he has
made for improving and sound -proofing the building. Additionally, he noted when calls were
made, and Code Enforcement shows up, the complaints have been determined to be unfounded.
Jan Rasmussan referenced emails she sent to Council outlining the history of the property and
voicing objection to the proposed CUP amendments and highlighted some of the contents of the
letter. She addressed the number of residences within 300 yards of the venue and homes within
feet of the back parking lot of M31_ive. She acknowledged changes in the property through the
years, issues related to M3Live activity, and the applicant's efforts to mitigate neighbor concerns
but noted issues with noise related to car alarms and loitering still existed. She addressed the
Planning Commission consideration and comments, and asked Council to reject the applicant's
appeal as recommended by various homeowners, Planning Commissioners, staff, Code
Enforcement, and the Anaheim Police Department. In response to her question, Mr. Belmer
reported there was sufficient parking in the northern parking lot to accommodate the main
banquet facility.
Mayor Tait asked whether the compromise was considered by the Planning Commission, to
which Mr. Belmer reported staff considered potential ideas for a compromise including blocking
off the southeast parking lot.
Mayor Tait suggested the possibility of finding a compromise between the applicant and residents
and asked about the possibility of continuing the hearing to discuss these options.
Ms. Rasmussan noted the need to study the new proposal, reported residents have compromised
a lot, and indicated the venue was never supposed to be a concert venue. In response to her
question, Mr. Belmer reported the CUP goes with the land but noted he would need to discuss
possible changes with the City Attorney.
Council Member Kring asked whether the southeast parking lot would be coned off during theater
events, to which Mr. Belmer responded it would not, adding there was no scenario where staff
would propose an extension in the hours of operation for the theater.
Joell Kuykendall reported they have been dealing with this property for eight years and listed the
issues of concern; stated she has been before the Planning Commission seven times; has
provided videos demonstrating the experience of residents into late evening hours; distributed an
updated petition from the community in opposition to the extended hours; and reported it was
unreasonable for residents to have to put up with noise, especially as they are working families.
She asked Council to uphold the Planning Commission's recommendations and displayed a
video of activity at the venue for Council's consideration.
A male speaker, homeowner of a nearby residence, reported the Police Department's review
included a mention last year was the first time M3Live complied with their CUP, their floor
capacity is 533 people (262 cars) and the proposal allots 223 spaces, not accounting for staff.
Their proposal does not add up and, he believed that if they installed a wall, it would be an ideal
location for the homeless to move into.
John Armstrong, Planning Commissioner but speaking as a resident, spoke against the extension
of operating hours. He noted the City wants to be business -friendly and also address the
City Council Minutes of August 14, 2018
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concerns of the community. He commented on the applicant's efforts at mitigation and pointed
out the difference in activities and noise at 10:00 P.M. versus midnight.
Doug Browne reported he did a lot of work for the applicant in terms of architectural design and
sound proofing, noted the primary complaint was noise, addressed problems with lights, and
believed the best solution for neighbors would be to create a sound wall on the venue property.
Tim Schindler reported this it was a nice facility and he had been to two events at the facility and
he had to park off-site. However, he noted he would not want to live near the venue.
Vicente Sarmiento referenced the video displayed but noted they were not able to substantiate
the date and time it was taken. He reported he has videos showing a very orderly egress of
patrons. He agreed with the possibility of continuing the matter to study it further, suggested
increasing the area of the southeast corner parking lot, and reiterated the possibility of a pilot
period. Additionally, he referenced a Code Enforcement report from an incident in 2016 where
twelve calls for service were made and nine were unfounded and noted the writer of the report
indicated in the report they could not hear any noise from the venue parking lot.
In response to Mayor Tait's inquiry, Ms. Rasmussan voiced opposition to building a sound wall.
She indicated the CUP prohibits the venue from having music after 10:00 P.M. during weekdays.
In response to Mayor Tait's question, Ms. Kuykendall commented on the reduction of parking if
the southeast parking area was extended, noting the need for the venue to cut its capacity.
Mayor Tait closed the public hearing.
DISCUSSION: Council Member Faessel asked about the number of changes made to the CUP
since 2010 and Mr. Belmer reported there have been eleven and there have been five Planning
Commission meetings regarding those changes. Council Member Faessel asked Ms.
Rasmussan to the podium and, in response to his inquiry, she reported there have been five
Planning Commission continuances on this item since 2010. Council Member Faessel noted
additional changes to the proposal that residents have not been able to study and encouraged a
continuance.
Mr. Belmer addressed what would occur if the item were to be continued. Discussion followed
regarding the possibility of a continuance.
Mr. Madain displayed a video of the venue parking lot and the main banquet hall during an event.
Mayor Tait commented on the previous use by Toys R Us, felt residents' requests were
reasonable, and did not see where a continuance would be helpful.
Mayor Pro Tem Moreno commented positively on the venue, reported struggling with parking,
and noted if the residents were not willing to consider the new options, they must be heard as
they purchased their properties with conditions that no longer exist. He indicated residents have
waited a long time and have done a lot of work regarding the matter. He suggested if the
applicant was willing to make changes on his own, residents may change their minds in the
future. He voiced support for the residents as this was a quality of life issue.
MOTION: Mayor Tait moved to adopt RESOLUTION NO. RES -2018-120, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM denying an amendment to Conditional Use
Permit No. 2010-05486 to extend the hours of operation and making certain findings in
connection therewith (DEV2009-00083H; 2232 South Harbor Boulevard), seconded by Council
City Council Minutes of August 14, 2018
Page 25 of 30
Member Faessel. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members Moreno,
Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried.
Mayor Tait returned to Item No. 33 at this juncture.
33. Receive and file an update regarding criminal activity in parks and enforcement data for
D160 violations of the Anaheim Municipal Code (continued from Council meeting of July 31,
2018, Item No. 25).
Chief of Police Jorge Cisneros introduced the item stating this was a request by Council Member
Barnes for an update related to enforcement of Chapter 11 of the Anaheim Municipal Code
relating to camping and storage of personal property in public areas along with criminal activity in
West Anaheim parks. Chief Cisneros introduced Deputy Chief Julian Harvey who presented the
item, addressing police calls for service at all impacted parks, as requested by Council Member
Murray, which are resident and officer generated, as well as calls which involved homelessness.
Deputy Chief Harvey presented a five-year chart of calls for service reflecting a decrease in calls
for service at La Palma Park, which coincided with outreach and engagement. He further
presented the percentage of homeless -related calls, Part 1 Crimes at parks known as "index"
crimes which are serious including murder, sexual assault, robbery, aggravated assault, burglary,
vehicle theft, larceny -theft and arson, and Part 2 crimes at parks which include simple assaults,
forgery, fraud, weapons offenses, prostitution, evading police, narcotics violations, and DUI.
In response to Mayor Pro Tem Moreno, Deputy Chief Harvey noted the chart reflects both Part 1
and Part 2 crimes at the parks but the staff report provided the breakdown of each.
Deputy Chief Harvey noted a 12% overall reduction in reported crime at Maxwell Park; provided a
Council District 1 two year comparison from May to July which reflected a 10% increase in crime;
provided the snapshot comparison for Maxwell Park which reflected an increase as well, in
addition a comparison of the'/ mile area around Maxwell Park which reflected an overall
increase of 23%. He shared that Anaheim Anytime complaints related to parks increased by
69%, and provided Lyons Security statistics for a 6 -month period. He added the Police
Department was actively working with CityNet at Maxwell Park as well as conducting enforcement
activities in and around the park to ensure public spaces remained for their intended use.
DISCUSSION: In response to Council Member Barnes' question regarding whether the'/ mile
area around Maxwell Park included the Baymont Motel, Deputy Chief Harvey stated it was close
but he would have to verify that information.
Council Member Murray stated her intention in requesting information about other parks was for
the benefit of the public. She thanked the Anaheim Police Department for the work to provide
such a comprehensive report.
Council Member Faessel thanked the Anaheim Police Department for its work and dedication,
noted a lot of criminal activities in parks, and reported it does not include the almost 3,100
incidents related to Lyons Security. He asked if there were statistics, citywide, on how many
crimes were homeless related to which Deputy Chief Harvey answered it was about 16,000 calls
for service, per year citywide.
Mayor Tait noted if drug crimes were subtracted, the number of crimes was about the same and
asked whether increases could be attributed to increased police vigilance. Deputy Chief Harvey
reported Police goes to where activity is occurring and noted they do hotspot policing.
City Council Minutes of August 14, 2018
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In response to Mayor Pro Tem Moreno's inquiry regarding crime trends in the City versus in
parks, Deputy Chief Harvey reported crime was still trending down citywide and, since the budget
presentation, it had accelerated downward. The request was very specific to crime in City parks
and to be thorough he showed the area around those parks as well. He questioned whether all
parks were showing an increase in crimes and noted not every park experienced an increase. He
addressed take-aways from the report including that the City faces a crisis at Maxwell Park. He
added the Police Department does not focus on status, but rather on criminal activity. Mayor Pro
Tem Moreno noted a heightened concern around parks and commented on the homeless moving
into the riverbed but when the City pushed for the riverbed to be cleared, the homeless moved
back to City parks. Deputy Chief Harvey reported Anaheim was not the only impacted city and
commented on the desire of everyone for communal living.
Council Member Vanderbilt addressed murder statistics, noting it was well below previous years
and complimented Deputy Chief Harvey and the Police Department for its work.
Council Member Murray addressed clearing the riverbed and the use of motels as temporary
shelter and, because Anaheim has a higher percentage of hotel vacancies, the City received a
disproportionate share of those living in the riverbed put into hotels in the west end. She noted
that was not part of any City -directed action and Deputy Chief Harvey agreed. He commented on
the riverbed situation, noting crime spread into the City and it was untenable. Council Member
Murray added CityNet and the Homeless Taskforce continued to provide outreach in the
homeless community.
Council Member Barnes displayed pictures illustrating the area in Maxwell Park where children
were on their way to school and played an audio of a resident thanking the Police Department for
its good work. She added that families appreciated being able to hold gatherings at Maxwell
Park.
MOTION: Council Member Barnes moved to receive and file an update regarding criminal
activity in parks and enforcement data for violations of the Anaheim Municipal Code, seconded by
Mayor Pro Tem Moreno. ROLL CALL VOTE: AYES — 7: (Mayor Tait and Council Members
Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES — 0. Motion carried.
34. Consider sending a letter to the California Legislature in support of efforts to reform
0109 California Environmental Quality Act specifically for the purposes of promoting and
streamlining the development of housing.
MOTION: Council Member Murray moved to continue Item No. 34 to the City Council meeting of
August 28, 2018, 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.
35. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending City Council Policy 1.10 regarding the city's policy on
D114 recognitions and city proclamations (continued from July 17, 2018, Item No. 28).
MOTION: Council Member Murray moved to continue Item No. 35 to the City Council meeting of
August 28, 2018, 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.
City Council Minutes of August 14, 2018
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36. RESOLUTION NO. 2018-119 A RESOLUTION OF THE ANAHEIM CITY COUNCIL
requesting additional resources from the County of Orange that would increase the
0144 number of mental health clinicians and law enforcement personnel needed to properly
address the existing challenges in Anaheim city parks and neighborhoods.
Mayor Tait declared a conflict of interest and left the dais at 11:44 P.M.
Deputy City Manager Greg Garcia stated that at the July 31, 2018 Council meeting, Council
Member Denise Barnes asked staff to' return with a resolution that sought additional resources
from the County of Orange to further assist Anaheim in addressing homelessness in the city.
Specifically, Council Member Barnes identified the need for more mental health clinicians and
police officers to work side by side with these mental health professionals. The resolution
requests financial assistance from the County of Orange to fund an additional five mental health
clinicians and an additional ten police officers to work in conjunction with these clinicians.
Additionally, the resolution seeks information on the County's plan regarding those residing at the
Baymont Motel and to work collaboratively with the County to find long-term solutions for those
individuals at the Baymont Motel.
DISCUSSION: Council Member Barnes thanked City staff, the Police Chief, and Deputy Chief for
their time and effort on this item. She hoped this would help in their efforts, commented on the
County receiving money directly from the State to address homelessness and mental illness, and
stated the County had been sitting on most of the money and some of the money could be used
today to help the City of Anaheim. She addressed the Police Department's outreach efforts, the
Psychiatric Emergency Response Team (PERT), their responses and options, and noted efforts
with the PERT team had been very successful. She claimed more PERT teams were needed
and expressed concerns that the number of homeless -related calls for service would increase as
a result of clearing the riverbed. She noted Judge Carter addressed those staying near railroads,
commented on the resources needed for an average call for a person in a mental-health crisis,
and felt it was not the best use of a Field Officer's time and energy when a trained psychiatric
team was more effective and better suited for the role. She asked for Council's approval of the
resolution to address the homeless issues in the City.
In response to Council Member Faessel inquiry of the process, Mr. Garcia reported if the
resolution was successful, staff would reach out to the County and discuss opportunities and the
potential for partnership. He noted there would be negotiations in terms of funding and moving
forward. He believed the resolution was a good starting point for negotiations. Council Member
Faessel questioned the City's ability to obtain ten additional Police Officers. In response, Mr.
Garcia stated ten Police Officers would be needed to accompany the five additional clinicians.
Police Chief Jorge Cisneros reported meeting with Orange County Health where this topic was
discussed, commented on his previous experience in the last City he served, and noted the City
would benefit from having four clinicians but recommended asking for as many as possible. The
matter of additional Police Officers would need to be addressed to determine the best fit for the
matter and making it a priority. He added he has worked in collaboration with other agencies to
resolve the issue and offered to look into the matter.
Council Member Kring reported this was a start of a negotiating process and indicated if the
County provided the City with money, the City could look at ways of increasing resources.
Mayor Pro Tem Moreno agreed with making a specific request, as the County in the past, had
ensured that it would support the City.
D116
City Council Minutes of August 14, 2018
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MOTION: Council Member Barnes moved to adopt RESOLUTION NO. 2018-119 A
RESOLUTION OF THE ANAHEIM CITY COUNCIL requesting additional resources from the
County of Orange that would increase the number of mental health clinicians and law
enforcement personnel needed to properly address the existing challenges in Anaheim city parks
and neighborhoods, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 6: (Mayor
Pro Tem Moreno and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel). NOES
— 0. ABSTAIN —1: (Mayor Tait). Motion carried.
Mayor Tait returned to the dais at 11:59 P.M.
37. Update on matters related to homelessness and the City of Anaheim's most recent efforts.
Item No. 37 was continued to the City Council meeting of August 28, 2018, without objection.
38. Consider (re)appointments to the Youth Commission to serve a 10 -month term, ending
B105 June 30, 2019 (Continued from Council meeting of July 31, 2018, Item No. 28).
Youth Commission (21 appointments):
District 1 (re) appointments:
(three (3) appointments)
Council Member Barnes made the following District 1 appointments the Youth
Commission: Jessica Gomez
Britney Mai
Erika Padilla
District 3 (re) appointments:
(three (3) appointments)
Mayor Pro Tem Moreno made the following District 3 appointments the Youth
Commission: Daniel Kuan
Maria Mata
Ruby Rodriquez
District 4 (re) appointments:
(three (3) appointments)
Council Member Kring made the following District 4 appointments the Youth Commission:
Siobhan Jasso
Dayton Ly
Damar Valentin
City Council Minutes of August 14, 2018
Page 29 of 30
District 5 (re) appointments:
(three (3) appointments)
Council Member Faessel made the following District 5 appointments the Youth
Commission: Juan Saldivar
Kathleen Sandoval
Annie Truong
At large (re) appointments:
(nine (9) appointments)
Council Member Vanderbilt made the following at -large appointments the Youth
Commission: Leah Nicolas
Jessica Pham
Sean Rodriguez
Council Member Murray made the following at -large appointments the Youth Commission:
Jasmine Nguyen
Mariam Azizi
Mayor Tait made the following at -large appointments the Youth Commission:
Yasmine Emami (Tait)
Mayor Tait continued the three remaining at -large appointments to the City Council meeting of
August 28, 2018, without objection.
Report on Closed Session Actions: None
Council Communications/Agenda Reauests:
Council Member Kring announced the grand opening of the Palm Lane Charter School where she
and Council Member Faessel presented a proclamation and requested an agenda item for the
next meeting to ban fireworks.
Mayor Pro Tem Moreno reiterated his request to adjourn the meeting in memory of Amy
Nakahara, asked the Police Chief to look into reports of an uptick in graffiti in the Colony area and
provide a memo, and addressed an article in the Voice of OC, requested the City be as
cooperative as possible and figure out what was going through a fair investigation.
Council Member Barnes announced an upcoming Orange County Sanitation District sewer
construction project on State College, with more information available at
www.ocsd.com/statecollege, and Operation Home Flight for veterans from World War II to fly to
Washington, DC at no cost to see the memorials.
City Council Minutes of August 14, 2018
Page 30 of 30
Council Member Vanderbilt made two agenda requests: to re-examine ORD -6323 regarding the
sale of safe and sane fireworks and to recognize Anaheim participants in the Girls State event
that occurred over the summer.
Council Member Faessel reported his visit to the Chrysalis facility in Santa Monica and looked
forward to welcoming them to Anaheim in a few months, announced he met the new Anaheim
Elementary School District Superintendent Chris Downing at a reception, and thanked staff for
introducing themselves when he and his team were shadowed by a new USC freshman, Erika
Lee, who was looking to major in real estate development. He thanked the Police Department for
their community outreach through the National Night Out and Cruise with a Cop events recently
held at Eucalyptus Park and Calvary Baptist Church.
Mayor Tait asked the City Manager to include a possible plan for increased security at parks on a
short-term basis as part of the homeless discussion at the next meeting.
ADJOURNMENT:
With no further business before the City Council, without objection, Mayor Tait adjourned the
meeting of August 14, 2018 at 12:13 A.M. on August 15, 2018 in memory of Donald Yvaska,
school teacher Amy Nakahara, Battalion Chief Matthew Burchett, and the 13th MEU Marine lost
at sea.
Respectfully submitted,
Theresa Bass, C
City Clerk