09/11/2018ANAHEIM CIN COUNCIL REGULAR AND
REGULAR AJOURNED MEETING OF SEPTEMBER 11, 2018
The regular meeting of September 11, 2018 was called to order at 3:00 P.M. and adjourned to
3:30 P.M. for lack of a quorum. The regular adjourned meeting of September 11, 2018 was
called to order at 3:32 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 24, 2018.
PRESENT: Mayor Pro Tem Jose F. Moreno and Council Members Denise Barnes, Lucille
Kring, and Stephen Faessel. Mayor Tom Tait and Council Member James
Vanderbilt joined the meeting during closed session.
ABSENT: Council Member Kris Murray
STAFF PRESENT: City Manager Chris Zapata, City Attorney Rob Fabela, and City Clerk Linda
Andal.
ADDITIONS\DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 3:33 P.M., Mayor Tait recessed to closed session for consideration of
1. 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)
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Jarret Young v. City of Anaheim, et al., Orange County Superior Court
Case No. 30-2018-00966666-CU-OE-CXC
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Kana Engineering Group, Inc. v. City of Anaheim, et al., Orange County
Superior Court Case No. 30-2018-00978399-CU-BC-CJC
At 5:39 P.M., the City Council session was reconvened.
Prior to beginning the meeting, Mayor Tait called for a moment of silence in remembrance of the
victims of 9/11, particularly Anaheim residents Charles "Chic" Burlingame and Jerrold H.
Paskins.
INVOCATION: Pastor Jeremy Bratcher, Magnolia Baptist Church
FLAG SALUTE: Council Member Stephen Faessel
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PRESENTATIONS: Recognizing the 2018 Flag Day Essay Contest Winners
Maria McFarland, Flag Day Celebration Committee, announced the thirty-five first place essay
winners and presented programs of the essays to the Council.
Recognizing Tony Lopez and Joshua Burciaga for their Act of Kindness
Fire Chief Randy Bruegman recognized Tony Lopez and Joshua Burciaga for their Act of
Kindness in administering CPR to a patron at 24 -Hour Fitness following a cardiac event.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming September 2018, as National Preparedness Month
Fire Chief Bruegman accepted the proclamation and encouraged all residents to use this month
to prepare for a disaster and to remember the events of 9/11.
Prior to the receipt of public comment and at the request of Council Member Vanderbilt, Mayor
Tait invited Rebe Gonzalez from the Homeless Court to speak.
Rebe Gonzalez, Orange County Public Defender's Office and Coordinator for the Homeless
Outreach Program, presented an overview of the Homeless Court and the population that it
serves. She advised Council that the Homeless Court could use their support in adopting a
program that would allow participants to complete community service in lieu of paying fines for
parking tickets, as participants were typically unable to pay the imposed fine.
Councilmember Vanderbilt thanked Ms. Gonzalez and advised her to work with staff regarding
the parking ticket program.
ADDITIONS/DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum
statement was provided by City Clerk Linda Andal.
Cecil Jordan Corken, Outreach Homeless Ministries, reported on his outreach efforts.
Mark Richard Daniels, Anaheim Cultural & Heritage Commission, First District, spoke about the
events of 9/11 and their historical importance.
Victoria Michaels thanked Council for acknowledging Tony Lopez for his civic action. Ms.
Michaels invited Council to attend Higher Ground Youth and Family Services Gala where Mayor
Tait would be honored on October 12, 2018 at the M3 Live Event Center.
R. Joshua Collins, Homeless Advocates for Christ, reported on his outreach efforts and
encouraged Council to consider laws that impact the homeless population.
William Fitzgerald, Home Owners Maintaining Our Environment, addressed the incentive
agreement bond with Disneyland and Measure L on the November ballot.
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Kim Holguin described an incident of a homeless woman who was using her hose to bath at her
place of business and requested Council's assistance in protecting business owners against
criminal acts by the homeless.
Mayor Tait advised Ms. Holguin to speak with Police Chief Cisneros regarding the latest
incident outside of her business. He advised her that a settlement was recently reached
that would provide shelter beds for the homeless community and he hoped that would
alleviate these types of occurrences.
Dorothy Quisenberry advised Council that she resides at Acaciawood Village Senior Apartment
Homes and rents under the Affordable Housing Program. She was advised by the owner that
the program may be ending for her complex. She and other residents have received multiple
notices that the owner plans on ended participation in the Affordable Housing Program and they
were looking for assistance and clarification.
Dolores Luna, Acaciawood Village Senior Apartment Homes resident, informed Council that,
should the Affordable Housing Program end, she would have nowhere to go.
Yvonne Mickey, Acaciawood Village Senior Apartment Homes resident, asked Council for their
assistance in retaining affordable housing.
Mayor Tait advised Ms. Mickey that the Housing Authority will be notified to provide
additional information and clarification to the tenants.
Mayor Pro Tem Moreno asked about the amount of the increase and was advised that
the rent would increase by nearly $400 per month.
Tony Martin, City of Anaheim mayoral candidate, discussed the issues that he would like to
address during his campaign.
Colin Womer, Drug Free Anaheim, advised Council that opiate abuse in Orange County was on
the rise. He advised Council that Social Model Recovery Systems would be hosting the
Western States Opioid Summit, September 19 through 21 at the Anaheim Convention Center,
and he encouraged residents to attend.
"The Cameraman" spoke about the new City Flag and a police incident at Peter Marshall Park
on September 7, 2018.
Kenneth Batiste advised Council that corporations were putting their money towards buybacks
which help their shareholders and Disneyland workers do not benefit from such buybacks.
Wes Jones noted the homeless population should abide by the laws of all citizens and he felt
that property and business owners were not protected as much as they should be. He also
thanked Council for the settlement that will provide shelter beds to the homeless in the near
future.
Larry Larsen thanked Council for their reflections of the 9/11 events but also asked for people to
remember the events of September 11, 2012 in Libya.
Lou Noble spoke regarding the criminalization of the homeless population.
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Jeff Karish spoke regarding the recent flag change and noted his concern that the public was
not included in the vote for the flag.
Bryan Kaye apologized to Council Member Moreno regarding misstatements he had made
about donations made to Council Member Moreno's campaign.
David Duran spoke to Council regarding the recent lawsuit that was recently settled. He also
advised Council that November 10-18, 2018 was Hunger and Homeless Awareness Week and
that The Longest Night Remembrance would take place in December. He asked Council to
recognize those events and support to the homeless community.
A male speaker agreed with the previous speaker's request.
COUNCIL COMMUNICATIONS:
Council Member Kring requested to adjourn the meeting in honor of the victims and first
responders of 9/11 and addressed patriotism in the country. She agreed with public comments
in opposition to the newly -adopted city flag and addressed the process of responding to public
commenters.
Mayor Pro Tem Moreno announced September 14-23 as Welcoming Week in Anaheim with
various events and workshops to be held regarding the citizenship process. He requested the
meeting also be adjourned in memory of homeless individuals who died recently due to the
opioid crisis, and thanked first responders and requested prayers for Anaheim High School
student, Evan Garcia, who was involved in a serious accident.
Mayor Tait explained the Council meeting rules regarding points of personal privilege and
requesting clarification during public comments. He then asked for a brief clarification regarding
the potential closing of the Edwards Theater and 24 Hour Fitness in Anaheim Hills.
David Belmer, Planning & Building Director, reported the City had received a conceptual
development review application for the Festival Retail center about a month ago,
provided comments, and no project would move forward until an official application was
filed and would then move through the standard review and public process.
Mayor Tait congratulated Canyon High School graduate, Hannahlei Cabanilla, for winning the
competition on "So You Think You Can Dance," and asked to invite her to a meeting for
recognition.
Mayor Pro Tem Moreno asked the communications staff to post a clip of Ms. Cabanilla's
winning dance.
CITY MANAGER'S UPDATE:
City Manager Chris Zapata reported he spent his first 30 days out in the community, would
spend the next 30 days studying the city's finances, and would then make decisions regarding
open staff positions and provide a written summary of his initial findings as City Manager.
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CONSENT CALENDAR: At 7:29 P.M., the City Council Consent Calendar was considered
with Council Member Faessel pulling Item No. 13 or separate discussion and consideration.
MOTION: Council Member Kring moved to waive reading in full of all ordinances and
resolutions and to adopt the balance of the consent calendar as presented, in accordance with
reports, certifications, and recommendations furnished each city council member and as listed
on the consent calendar, seconded by Mayor Pro Tem Moreno. Roll Call Vote: Ayes — 6:
(Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring, and Faessel). Noes — 0.
Absent — 1 (Council Member Murray). Motion carried.
Receive and file minutes of Sister City Commission meetings of June 25, 2018 and July
16, 2018; and Public Utilities Board meeting of July 25, 2018.
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2. Approve recognitions recognizing Constitution Week (September 17-23, 2018), World
Alzheimer's Awareness Month (September 2018), and Domestic Violence Awareness
D116 Month (October 2018).
3. Award the contract to the lowest responsible bidder, Excel Paving Co., in the amount of
AGR- $4,197,281.30, for the Anaheim Boulevard and Ball Road Intersection Improvements
11199 Project and authorize the Finance Director to execute the Escrow Agreement.
4. Award the contract to the lowest bidder, All American Asphalt, in the amount of
$534,553, for the Santa Ana Canyon Road Rehabilitation Project (640 feet east of
AGR- Woodcreek Road to Gypsum Canyon Road), authorize the Finance Director to execute
11200 the Escrow Agreement and determine the project is categorically exempt under the
California Environmental Quality Act.
5. Accept the bid from Artesia Sawdust Products, Inc., in the amount of $119,650 plus
applicable tax and a 20% contingency, to provide as needed engineered wood fiber
D180 (playground chips) for Community Services 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 #9175.
6. Accept the bids from Lu's Lighthouse, Inc., and The Truck Lighthouse, in a combined
amount not to exceed $41,498.71 plus applicable tax, for the purchase of automotive
D180 lighting parts 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 #9173.
7. Waive the sealed bid requirement of Council Policy 4.0 and ratify an emergency master
agreement issued to Total Environmental Management, Inc., in the amount of $61,150,
D180 for providing emergency chiller rental services for the Anaheim Convention Center.
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D180 8. Waive the sealed bid requirement of Council Policy 4.0 and ratify an emergency
purchase order issued to All-Star Post -Tension, in the amount of $87,450, for providing
emergency external post tension repairs to Parking Structure 2 at the Anaheim
Convention Center.
9. Waive Council Policy 4.0 and ratify Change Order No. 1 with Trane, Inc., in the amount
of $30,458, increasing the contract amount from $72,418 to $102,876 for furnishing and
D180 installing one Trane HVAC air handler unit with all related modifications, and authorize
the Purchasing Agent to execute the change order and additional change orders up to
10% of the original contract amount, if needed, to facilitate the completion of the project.
10. Approve Workforce Innovation and Opportunity Act Agreements with the Orange
County Conservation Corps. and Taller San Jose Hope Builders, in the amounts of
AGR- $303,386 and $180,285 respectively, for comprehensive youth development programs
9563.0 for the term of July 1, 2018 through June 30, 2020, and authorize the City Manager to
execute and the Workforce Development Manager, or designee, to administer the
AGR- agreements.
10248.13
11. Approve the 2019 Health and Welfare Plan Rates and authorize the Human Resources
Director to execute all required provider agreements.
D154
12. Appoint Gregory Scott, representing community-based organizations, and David
Lawhorn, representing labor membership, to the Anaheim Workforce Development
Board for a term of four years ending September 30, 2022.
B105
14. RESOLUTION NO. 2018-123 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM changing the name of North Pacificenter Drive to Link
D159 (SAC2018-00064; North Pacificenter Drive approximately 850 feet long between Tustin
Avenue and La Palma Avenue).
15. RESOLUTION NO. 2018-124 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM vacating public utility easements located 3319 and 3321 West
Pilo Lincoln Avenue pursuant to California Streets and Highways Code Section 8330, et
seq. - Summary Vacation (ABA2018-00378).
16. ORDINANCE NO. 6444 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Section 4.04.401 to Chapter 4.04 (Outdoor Advertising Signs and
Structures - General) of Title 4 (Business Regulation) of the Anaheim Municipal Code
M142 establishing the arena/stadium special sign district and determining that this ordinance
is not subject to the California Environmental Quality Act (CEQA) pursuant to Section
15060(c)(2), 15060(c)(3) and 15061(b)(3) of the state CEQA guidelines, because it will
not result in a direct or reasonably foreseeable indirect physical change in the
environment because there is no possibility that it may have a significant effect on the
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environment and because it is not a project as defined in Section 15378 of the CEQA
guidelines (introduced at Council meeting of August 28, 2018, Item No. 19).
17. Approve minutes of Council meetings of April 10, 2018, April 16, 2018, April 24, 2018,
and May 11, 2018.
END OF CONSENT CALENDAR:
13. Approve the response to the 2017-2018 Orange County Grand Jury Report entitled
"Competition or Collaboration - Orange County's Public Agency Helicopters" and direct
0144.6 the City Manager to execute a letter and forward the response by September 22, 2018
to the Presiding Judge of the Orange County Court and the Orange County Grand Jury.
B105
Deputy Police Chief Julian Harvey reported that the Grand Jury's report was initiated by a series
of investigations in response to search and rescue responses around the county. He advised
Council that the City of Anaheim agreed either wholly or in part to all of the findings and agreed
with two (2) of the three (3) recommendations, noting the third recommendation required
additional discussion. Deputy Chief Harvey also advised Council that the Air Unit operates 7 -
days per week with 2,400 annual flight hours and 4,000 calls for service, 65% of which the Air
Unit arrives first on scene. He reported approximately 55 to 60 arrests per months were initiated
or assisted by the unit and approximately 50 pursuits annually.
Council Member Faessel concurred that the Air Unit was very important to the community
MOTION: Council Member Faessel moved to approve the response to the 2017-2018 Orange
County Grand Jury Report entitled "Competition or Collaboration - Orange County's Public
Agency Helicopters" and direct the City Manager to execute a letter and forward the response
by September 22, 2018 to the Presiding Judge of the Orange County Court and the Orange
County Grand Jury., seconded by Council Member Kring. Roll Call Vote: Ayes — 6: (Mayor Tait
and Council Members Moreno, Vanderbilt, Barnes, Kring, and Faessel). Noes — 0. Absent — 1
(Council Member Murray). Motion carried.
18. Consider (re)appointments to the Youth Commission to serve a 10 -month term, ending
June 30, 2019 (continued from Council meeting of August 28, 2018, Item No. 16).
Youth Commission:
At large (re) appointments:
(three (3) appointments) (18-21 age bracket)
(22-26 age bracket)
(22-26 age bracket)
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MOTION: Mayor Tait moved to continue the Youth Commission appointments to September 25,
seconded by Council Member Barnes. Roll Call Vote: Ayes — 5: (Mayor Tait and Council
Members Vanderbilt, Barnes, Kring, and Faessel). Noes — 1 (Mayor Pro Tem Moreno). Absent
— 1 (Council Member Murray). Motion carried.
REPORT ON CLOSED SESSION ACTIVITIES: None.
COUNCIL COMMUNICATIONS:
Council Member Kring announced the Boys and Girls Club event on September 21 at the Ranch
Restaurant.
Mayor Pro Tem Moreno reported two community meetings held regarding a homeless veterans
permanent supportive housing project with a follow-up meeting scheduled for September 18 and
an AUHSD parent leadership conference held on August 31. He announced a follow-up
meeting on September 12 regarding the Wilshire Ave. recuperative care facility, crime, and
group homes and the 13th annual mariachi festival on September 29.
Council Member Barnes reported attending the Miss Anaheim Fall Festival celebration and a
meeting regarding the Beach Blvd. Specific Plan (BBSP). She announced another community
meeting on September 17 regarding the BBSP to be followed by a September 25th Council
workshop, and October 2 Planning Commission public hearing. She acknowledged the recent
Love Anaheim event and encouraged project submittals. She announced sewer construction
work on State College Blvd. ongoing from September, suggested residents take advantage of
the paramedic membership program, and requested candidates comply with City code
regarding campaign signs.
Council Member Vanderbilt announced the District 4 vacancy on the Orange County Water
District was filled by Tri Ta, Westminster. He thanked staff for a Brookhurst senior
neighborhood event and the Beach Blvd. Specific Plan presentation. He acknowledged the
efforts and report of staff regarding syringes in the city and requested staff investigate using
Homeless Court to forgive parking tickets.
Council Member Faessel reported a District 5 tour with Police Chief Cisneros, his attendance at
the Higher Ground kick-off party, a tour of northern California water sites through Metropolitan
Water District with Anaheim educators, the Miss Anaheim Fall Festival event, acknowledged his
senior policy aide for her efforts with the Love Anaheim event for West Anaheim Little League,
and highlighted the benefits of the paramedic membership program.
Mayor Pro Tem Moreno congratulated staff and Council for the settlement agreement
announced Friday in regards to a 400 -bed emergency shelter and requested a report from staff
regarding budget and resources to implement the plan and provide safety and security to
residents and homeless individuals. He also requested an agenda item regarding AB -448,
Orange County Housing Trust, with attendance by ACC -OC to share the plan moving forward.
Mayor Tait thanked all involved with the court case and settlement agreement and asked for
patience as the shelter and plans were implemented. He announced his participation in the
Green Bird clean-up on Anna Drive, Canyon Rim honoring student Jake for his kindness, and
City Council Minutes of September 11, 2018
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acknowledged all schools for participating in the 21 Days of Kindness. He offered thoughts and
prayers for Evan Garcia to heal from an accident.
ADJOURNMENT:
With no further business before the City Council and without objection, Mayor Tait adjourned the
meeting of September 11, 2018 at 8:01 P.M. in memory of all the victims and first responders of
9/11.
Respectfully submitted,
resa Bass, MC
City Clerk