12/18/2018ANAHEIM CITY COUNCIL REGULAR AND
REGULAR ADJOURNED MEETING OF DECEMBER 18, 2018
The regular meeting of December 18, 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 December 18, 2018 was
called to order at 3:33 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim
Boulevard. The meeting notice, agenda, and related materials were duly posted on December
14, 2018.
PRESENT: Mayor Harry Sidhu and Council Members: Jose F. Moreno, Denise Barnes,
Jordan Brandman, Lucille Kring, Stephen Faessel, and Trevor O'Neil
STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk
Linda Andal
ADDITIONS\DELETIONS TO CLOSED SESSION:
City Attorney Robert Fabela announced Closed Session Item No. 1 related to a trip -and -fall injury
at Glover Stadium, Item No. 6 related to the approval of an emergency temporary shelter on
State College Blvd., and Item No. 7 pertained to a proposed sale of the GardenWalk retail
complex.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Allison Kidd, Gibson, Dunn & Crutcher, as counsel for current GardenWalk owners Anaheim
Capital Partners, reported they were under contract to sell the retail portion of GardenWalk to
STC Management and requested the City's consent to the sale pursuant to the GardenWalk
development agreement. She provided background information on the marketing and sales
process, business information about STC Management, and highlighted their occupancy rates
and economic well-being as satisfying criteria within the development agreement. She stated
there were no other qualified buyers in line, if the sale did not go through the property could
become bank -owned, and noted time was of the essence as closing was scheduled for Friday,
December 21 st. She hoped Council would approve the sale to STC and was available to answer
any questions.
William Fitzgerald, Anaheim H.O.M.E., questioned which item the first speaker addressed and
requested the three Closed Session items announced by the City Attorney be continued to
January 15 to allow for additional research. In regards to Item No. 3, Mr. Fitzgerald addressed
the background of the case and alleged that by hiring police officers from other cities, Anaheim
may save in training costs but then has to pay damages based on officer actions. He requested
Council not settle the case but have a trial to expose alleged corruption and provided copies of
statements to the Council.
John Dunton addressed Closed Session Item No. 5 and alleged actions by Jarret Young. He
expressed concern for officers in the department and for the amount of money spent on
settlements. He stated letters had been sent to the Attorney General and the FBI and provided
records to Council.
City Council Minutes of December 18, 2018
Page 2 of 19
CLOSED SESSION: At 3:44 P.M., Mayor Sidhu recessed to closed session for consideration of
the following:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
the California Government Code Section 54956.9: One potential case.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government)
Name of Case: Turner Construction Company v. City of Anaheim; STV Construction,
Inc., Orange County Superior Court Case No. 30-2017 0000956538
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: D.F. et al. v. City of Anaheim, United States District Court Case No.
SACV17-01194 AG (DFMx)
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Lilley v. City of Anaheim, Orange County Superior Court Case No. 30-
2018-01015873
5. 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
6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
the California Government Code Section 54956.9: One potential case.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
the California Government Code Section 54956.9: One potential case.
At 5:38 P.M., the City Council session was reconvened.
INVOCATION: Pastor Emily Miller -Todd, First Congregational Church of Anaheim
FLAG SALUTE Mayor Pro Tem Jose F. Moreno
At 5:41 P.M., Mayor Sidhu called to order the Anaheim Housing Authority (in joint session with
the City Council).
ADDITIONS/DELETIONS TO THE AGENDAS:
City Clerk Linda Andal announced: Item No. 3, staff requested to remove the Public Utilities
Board minutes which will be presented at the next City Council meeting; Item No. 27, James
Vanderbilt submitted a letter of resignation from the Orange County Water Board, for which he
City Council Minutes of December 18, 2018
Page 3 of 19
was eligible for reappointment; and Public Hearing Item No. 29, the appellant requested a
continuance to January 15, 2019.
PUBLIC COMMENTS: Prior to receipt of public comments, a brief decorum statement was
provided by City Clerk Linda Andal.
William Fitzgerald, Home Owners Maintaining Our Environment, recommended that Anaheim
investigate transferring to Orange County Fire Authority and the Orange County Sheriff
Department.
Paul Hyek expressed concern about the drivers of shelter buses and proper licensing.
John Dunton expressed concern for the mental health of police officers and his concern about
corruption within the Anaheim Police Department.
Mayor Pro Tem Moreno advised Mr. Dunton to consider taking his concerns to the Police
Review Board.
R. Joshua Collins, Homeless Advocates for Christ, reported that he visited the interim homeless
shelter and was encouraged by what he witnessed. Mr. Collins expressed concern about
corruption within the Anaheim Police Department and paying for settlements with taxpayer
dollars.
Josh Newman encouraged City Council to approve the display of the LGBT Pride Flag on the
flagpole at Anaheim City Hall.
Steve Pena, Anaheim City employee, encouraged City Council to approve the display of the
LGBT Pride Flag on the flagpole at Anaheim City Hall.
Ernesto Medrano congratulated the new City Council on their recent election. He also
encouraged City Council to approve the display of the LGBT Pride Flag on the flagpole at
Anaheim City Hall and promoted equality and acceptance in Anaheim.
Tamara Jimenez, Anaheim Lighthouse, thanked City Council for the temporary homeless shelter
and encouraged City Council to approve the display of the LGBT Pride Flag on the flagpole at
Anaheim City Hall.
Leonard Lahtinen spoke about the homeless issue at Maxwell Park and surrounding streets and
thanked City Council for approving the temporary homeless shelter.
Bev Berekian encouraged City Council to approve the display of the LGBT Pride Flag on the
flagpole at Anaheim City Hall and promoted equality and acceptance in Anaheim. She
expressed the importance for all to feel safe and accepted in Anaheim.
Edward Imbus thanked the City for clearing the storm wash basins, spoke of election information
received from the City Clerk's Office, and about an incident that took place with the Anaheim
Police Department
Cecil Jordan Corken, Outreach Homeless Ministries, reported on his outreach efforts and spoke
about the City's homeless problems.
City Council Minutes of December 18, 2018
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Keri Kropke, Brea School Board, spoke in favor of the display of the LGBT Pride Flag on the
flagpole at Anaheim City Hall.
Colin Womer, Drug Free Anaheim, reported that 418 participants have completed the program
and thanked the Anaheim Police Department for their commitment to the program.
Ada Bricer o, Co -President, Unite Here Local 11, encouraged City Council to approve the display
of the LGBT Pride Flag on the flagpole at Anaheim City Hall.
Mike Robbins encouraged City Council to approve the display of the LGBT Pride Flag on the
flagpole at Anaheim City Hall.
Jeanine Robbins encouraged City Council to approve the display of the LGBT Pride Flag on the
flagpole at Anaheim City Hall. She toured the new homeless shelter and was pleased with the
results; however, she was discouraged by the way enforcement was being handled.
Bob Donelson encouraged City Council to approve the display of the LGBT Pride Flag on the
flagpole at Anaheim City Hall. He asked City Council to please update the public on short-term
rentals (STRs).
Pam Donelson encouraged City Council to approve the display of the LGBT Pride Flag on the
flagpole at Anaheim City Hall. She spoke to City Council about her discontentment with STRs.
Jesse Ben -Ron, District Coordinator to Assemblywoman Sharon Quirk -Silva, spoke on her behalf
in support of approval of the display of the LGBT Pride Flag on the flagpole at Anaheim City Hall.
Isabella Rubio spoke in support of approval of the display of the LGBT Pride Flag on the flagpole
at Anaheim City Hall.
Janelle Welker spoke in support of approval of the display of the LGBT Pride Flag on the flagpole
at Anaheim City Hall.
Jenna Beck spoke in support of approval of the display of the LGBT Pride Flag on the flagpole at
Anaheim City Hall.
Gabriel Dina -Smith spoke in support of approval of the display of the LGBT Pride Flag on the
flagpole at Anaheim City Hall and stated it will help represent the unrepresented.
Art Montez expressed his concern for City Council discouraging attendees from clapping at the
meeting and asked City Council to not forget the children when making infrastructure and
program decisions. Lastly, he supported the approval of the display of the LGBT Pride Flag at
Anaheim City Hall.
Mark Daniels spoke about diversity in Anaheim and encouraged approval of the display of the
LGBT Pride Flag on the flagpole at Anaheim City Hall.
Rachel Rolnicki, Senior Field Representative for Congressman Lou Correa, expressed support of
the approval of the display of the LGBT Pride Flag at Anaheim City Hall on behalf of
Congressman Correa.
City Council Minutes of December 18, 2018
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Vern Nelson invited City Council to The Longest Night — 2018 Homeless Persons Memorial Day
OC held on December 21, 2018 at Anaheim Cemetery. He thanked City Council for the
temporary homeless shelter and spoke in support of the display of LGBT Pride Flag. Lastly, he
spoke about deaths at the hands of the Anaheim Police Department.
Tim Houchen, Hope 4 Restoration, asked City Council to consider a short moratorium on the
anti -camping enforcement while the homeless transition to the new shelter.
Brooke Weitzman expressed concern about reports and video threats she has received of police
officers threatening the homeless with jail if they do not vacate the parks by December 21, 2018.
She spoke about the operation of the temporary homeless shelter and wanted to ensure that
access for couples was available and that appropriate transportation was considered.
Laura Kanter, Director of Policy Advocacy and Youth Services, The LGBT Center OC, spoke
about statistics regarding LGBT youth and in support of the display of the LGBT Pride Flag.
David Klawe expressed gratitude to City Council and private partners for opening the temporary
homeless shelter so quickly. He also spoke in support of the display of the LGBT Pride Flag.
Joese Hernandez spoke in support of the display the LGBT Pride Flag, thanked current and
previous City Council for helping the temporary shelter, and spoke about the passing of Measure
L.
Kenneth Batiste spoke about Disney's influence on City Council and the speed in which the
homeless shelter was built.
Claudia Perez -Figueroa spoke in support of the display the LGBT Pride Flag.
Jeff LeTourneau spoke in support of the display the LGBT Pride Flag and advised that it will
represent all people of Anaheim.
David Duran asked City Council to push Orange County Supervisors to help alleviate
homelessness around the County. He also asked City Council to provide oversight for the
Illumination Foundation and involve advocates in the oversight.
Pat Davis spoke in support of the display the LGBT Pride Flag. She also toured the temporary
homeless shelters and was concerned about beds, storage, and transportation issues.
Todd Ament, Anaheim Chamber of Commerce, expressed gratitude to City Council and staff for
moving so quickly on the temporary homeless shelter.
Bill Roberson spoke to City Council about their service and resident expectations.
Emeliana Singh spoke in support of the display the LGBT Pride Flag and told her personal story
about the LGBT community.
Lou Noble spoke about the criminalization of homeless.
Sherri Ibella spoke in support of the display the LGBT Pride Flag and read statistics about LGBT
youth.
City Council Minutes of December 18, 2018
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Rebecca spoke in support of the display the LGBT Pride Flag and expressed concerns about the
transportation solutions being proposed.
Arthur Castillo spoke about concerns around the Anaheim Police Department.
Dr. Patricia Adelekan welcomed City Council to service, spoke in support for the homeless
shelter, and in spoke in support of the display of the LGBT Pride Flag.
Bryan Kaye spoke about corruption within the Anaheim Police Department.
Cynthia Ward spoke in opposition of Item No. 26 which related to the manner in which members
of the City Council may place matters on the agenda of a regular City Council meeting. She
expressed concern about the criteria in which a flag can be flown at City Hall.
Tim Schindler expressed concern about the flag, believed it may open up the right for many other
groups to fly their flag at City Hall, and expressed concern about agenda matter placement on
the agenda.
"The Cameraman" expressed support for the temporary homeless shelter; however, he was
concerned about enforcement. He also spoke about affordable housing.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Mayor Pro Tem Moreno requested an update from staff on short-term rentals (STRs) to include
the status, settlement, and home sharing.
Council Member Kring provided historical information regarding Item No. 26, including staff time
spent on items not approved, and stated her support.
CITY MANAGER'S UPDATE:
City Manager Chris Zapata thanked Chief Randy Bruegman for his service to Anaheim Fire &
Rescue and announced Deputy Chief Pat Russell would serve as Acting Chief until the next chief
was selected. He also announced he joined the board of D.E.V.O.T.E (Dedicated Employee
Volunteers Offering Time and Energy) and highlighted their efforts in the community.
At 7:57 P.M., Mayor Sidhu recessed the City Council to consider the Housing Authority agenda
and reconvened at 8:05 P.M.
CONSENT CALENDAR: At 8:05 P.M., the consent calendar was considered with Mayor
Sidhu pulling Item No. 4, Mayor Pro Tem Moreno pulling Item Nos. 8 and 19, and Council
Member Barnes pulling Item No. 22 for separate discussion and consideration.
MOTION: Council Member Kring moved 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 Barnes.
ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Moreno, Barnes, Brandman,
Kring, Faessel, and O'Neil). NOES — 0. Motion carried.
City Council Minutes of December 18,2018
Page 7 of 19
8105 3. Receive and file minutes of the Senior Citizen Commission meetings of November 16,
2017, January 18, 2018, March 15, 2018, and July 19, 2018; and Youth Commission
meetings of October 5, 2017, November 2, 2017, December 7, 2017, February 1, 2018,
Receive and file minutes of the Sister City Commission meetings of August 27, 2018 and
September 24, 2018, and Public Utilities Board meeting of October 24, 2018.
D117 5. Approve the Investment Portfolio Report for November 2018.
D117 6. Approve the 2019 Investment Policy.
AGR- 7. Determine, on the basis of the evidence submitted by Kaiser Foundation Hospitals, that
4957 the property owner has complied in good faith with the terms and conditions of
Development Agreement No. 2007-00003 for the 2017-2018 review period for the Kaiser
Hospital Campus Project located at 3400-3450 East La Palma Avenue and 959-1001
North Grove Street.
D180 9. Accept the bid from Security Guards of America, in the amount of$27,721, to provide
security guard services for special events at the Stadium, Community Centers, Nature
Center, Pearson Park, Convention Center, and other City-owned facilities 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 #9220.
10. Accept the bid from Sectran Security Inc., in the amount of$37,200, for armored
D180 transport services for the Convention Center, the Anaheim Public Library, Anaheim Hills
and Dad Miller Golf Courses and Anaheim's Collections Office 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 #9221.
11. Accept the bid from Jimni Systems, Inc., in the amount of$40,320 plus a 20%
contingency, to provide preventative maintenance and repair services to the irrigation
booster pumps at City Parks for a one year period with up to four one-year optional
D180 renewals and authorize the Purchasing Agent to exercise the renewal options, in
accordance with Bid #9205.
12. Accept the bids of Innovative Switchgear Solutions and Anixter, Inc., in the respective
D180 amounts of$1,485,255 and $1,596,025.96, plus applicable tax, for the purchase of Solid
Dielectric Switches, components, and automation equipment and authorize the
Purchasing Agent to issue Purchase Orders, in accordance with Bid #9225.
13. Award master agreements for landscape and irrigation, maintenance, repair, construction
and immediate response, in an amount not to exceed $250,000 per work package with
AGR- the number of work packages open at one time not to exceed three, with Oakwest
8130.A Services, Inc., Mariposa Landscapes, Inc., and Inland Empire Landscape, Inc., authorize
the Public Works Director to execute and administer the Master Agreements, and
AGR- authorize minimal changes that do not substantially change the terms and conditions of
11420 the agreements as determined by the City Attorney.
AG R-
11421
City Council Minutes of December 18, 2018
Page 8 of 19
D180 14. Authorize the Purchasing Agent to issue a master agreement to the lowest responsive
and responsible bidder, in an amount not to exceed $65,000 per year, for the furnishing
of meals at the Anaheim Police Department detention facility and authorize the
Purchasing Agent to exercise the renewal options, in accordance with Bid #9235.
15. Approve Contract Change Order No. 2 with TE Roberts, Inc., in the amount of $499,160,
AGR- for the Katella Avenue Water Main Replacement Project and authorize the Director of
10561.0.2 Public Works to execute the change order and any related documents.
AGR- 16. Approve an agreement with the County of Orange to provide adult literacy services for
3103.D the residents of Anaheim through the Library Division of the Community Services
Department for one year effective November 1, 2018 with three one-year renewals and
authorize the City Librarian, or designee, to administer the agreement and execute the
renewal agreement annually for the next three years.
17. Approve the Site License Agreement for Telecommunications Facilities Mounted on City
AGR- Facilities with T -Mobile West, LLC, which authorizes T -Mobile to install 45 Distributed
Antenna System Antennas in the Anaheim Convention Center Expansion project to
11325 provide cellular service coverage; pay to the City a monthly fee, in the amount of
$3,976.64, with an initial term of ten years with up to two automatic successive five-year
renewals; pay to the City a one-time fee, in the amount of $202,189, for reimbursement of
T -Mobile's apportioned share of the furnishings and installation of all infrastructure costs
for cellular providers as noted in the City of Anaheim Department of Public Works
Anaheim Convention Center Betterment VII Project Change Order B approved by Council
on June 6, 2017; and authorize the City Manager to execute the Agreement and
authorize the Executive Director of the Convention, Sports & Entertainment Department
to execute any other related documents, and take the necessary actions to implement
and administer the agreement.
18. Approve and authorize the Director of Community and Economic Development to execute
AGR- a Second Amendment to Agreement with County of Orange, for an additional $23,275,
1083.2 extending 6 December 18, 2018 the contract for an additional six month term
commencing on January 1, 2019 to June 30, 2019 for the provision of Regional
Workforce Services, and authorize the Director of Community and Economic
Development Department, or designee, to execute and administer the amendment.
20. RESOLUTION NO. 2018-148 A RESOLUTION OF THE CITY COUNCIL OF THE
P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
interests in real property (City Deed Nos. 12239, 12240, 12241, 12242, 12243, 12244,
and 12245) (current and future City uses in connection with the provision of utility
services).
City Council Minutes of December 18, 2018
Page 9 of 19
C280 21. ORDINANCE NO. 6452 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2018-00314; DEV2017-00094; 3534 — 3538
West Savanna Street; 19-unit, attached single family residential project) (Introduced at
the Council meeting of November 20, 2018, Public Hearing Item No. 37).
Determine that the proposed Reclassification No. 2018-00314 to reclassify the property
was adequately analyzed pursuant to the Mitigated Negative Declaration approved in
conjunction with the project on November 20, 2018.
23. ORDINANCE NO. 6456 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Chapter 4.73 (Taxicab Franchises) pursuant to Assembly Bill Nos.
M142 939 and 1069 and finding 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 environment.
END OF CONSENT
4. Receive and file an update on the planned temporary homeless shelters currently being
D116 constructed in the City of Anaheim.
City Manager Chris Zapata introduced the item and City Clerk Linda Andal recapped the need for
the temporary homeless shelter, stating that on January 26, 2018 the city became one of multiple
defendants in a federal case and on November 2, 2018 the city reached a settlement with the
plaintiffs. The City committed to the construction of 325 shelter beds, plus an additional 200
interim beds until the 325 beds were constructed.
Public Works Director Rudy Emami reported that the 200-bed facility on State College was
scheduled to be opened on December 20, 2018 with a 14-day build-out. He reported on the
available amenities, transportation services, and security plans. He reported that the 101-bed
facility on La Mesa continued to see design, planning, and exploratory work. He advised that the
construction of the interior was scheduled to start on January 2, 2019 with completion and
opening mid to late February.
Public Utilities General Manager Dukku Lee reported the Salvation Army site construction was
underway. He reported that the Salvation Army was staging onsite work in parallel with trailer
delivery and he advised that they were on schedule for a January 31, 2019 opening. He
presented a diagram of the layout of the facility.
Community Preservation and Licensing Manager Sandra Sagert reported on outreach initiatives
and provided partner updates. She advised that after the shelter was opened, they will continue
to provide outreach and employ enforcement when needed. She outlined the restoration efforts
of the parks and public spaces once they were cleared. Lastly, she reported that Anaheim's
check for $3.69 million for the HEAP grant from the State of California was on its way.
Ms. Andal reported on communication activities including media tours, social media, and website
updates. She also reported on the long-term vision to replace the two temporary shelters
City Council Minutes of December 18, 2018
Page 10 of 19
potentially by 2020. She unveiled renderings of the future Center of Hope and discussed its
services. She provided a report on regional efforts and their shelter plans. Lastly, she reported
that there will be access for couples and transportation shuttles will provide two runs per day.
Mr. Zapata thanked everyone for their heroic efforts, including Mr. Taormina, and presented a
video on the build out.
DISCUSSION: Mayor Sidhu thanked staff, Max and Randy Jefferson from LT Global, Jay
Burress, Visit Anaheim, Illumination Foundation, partners in the private section, Chamber of
Commerce, the volunteers, and lastly, Mr. Taormina.
Ms. Sagert advised that the HEAP grant was earmarked for the temporary shelters with some of
the funding earmarked for youth homelessness, per Council Member O'Neil's inquiry.
Council Member Barnes thanked staff for their hard work and dedication. She asked about
transportation services for school children and Ms. Andal advised that it would be provided.
Council Member Kring thanked everyone for making this happen in a two-week period.
Council Member Faessel was supportive of the work that was happening and felt it was a great
example of a public-private partnership.
MOTION: Council Member Kring moved to receive and file an update on the planned temporary
homeless shelters currently being constructed in the City of Anaheim, seconded by Council
Member O'Neil. ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Moreno,
Barnes, Brandman, Kring, Faessel, and O'Neil). NOES — 0. Motion carried.
AGR-1516 8. Determine, on the basis of the evidence submitted by Walt Disney Parks and Resorts
U.S., Inc., that the property owner has complied in good faith with the terms and
D159 conditions of Development Agreement No. 96-01 for the 2017-2018 review period for the
Disneyland Resort Project.
Planning and Building Director David Belmer reported that this item was a request for an annual
review of the development agreement between the City of Anaheim and the Disneyland report
and provided a historical recap. He reported that Disney was required to report on the
obligations described in the agreement. He advised that staff found Disney to be in compliance
with the development agreement.
DISCUSSION: Mayor Pro Tem Moreno expressed his gratitude to the Disney group for the
support of the homeless shelter. City Manager Chris Zapata advised that he would be able to
provide financial information for the agreement at a special presentation in January, in regards to
Mayor Pro Tem Moreno's inquiry.
Mayor Pro Tem Moreno expressed concerned for the closures that he has seen at Disney and
wanted to know if they were bound by the agreement, to which Mr. Belmer advised that the
agreement only required that those establishments be outside of the gates of the park. Mayor
Pro Tem Moreno asked for a report on the 500 affordable housing units that were built or
preserved in conjunction with the project and for an air quality report regarding air quality in the
resort.
City Council Minutes of December 18, 2018
Page 11 of 19
MOTION: Council Member O'Neil moved to determine, on the basis of the evidence submitted by
Walt Disney Parks and Resorts U.S., Inc., that the property owner has complied in good faith
with the terms and conditions of Development Agreement No. 96-01 for the 2017-2018 review
period for the Disneyland Resort Project, seconded by Council Member Kring. ROLL CALL
VOTE: AYES — 6: (Mayor Sidhu and Council Members Barnes, Brandman, Kring, Faessel, and
O'Neil). NOES — 0. ABSTENTION — 1 (Mayor Pro Tem Moreno). Motion carried.
AGR- 19. Waive Council Policy 4.1 and approve an agreement with GNB Consulting, in an amount
not to exceed $150,000 annually, Consulting to prepare, redact and produce documents
11326 and video/audio data for public release, pursuant to new state laws, for a one year term,
with the option to renew for four additional years, authorize the Chief of Police to execute
the agreement and take the necessary actions to implement and administer the contract,
and amend the Police Department's Fiscal Year 2018/19 budget by $150,000.
Police Chief Jorge Cisneros advised that the contract was up to $150,000 and advised that
Senate Bill 1421 and Assembly Bill 748, effective January 1, 2019 and July 1, 2019 respectively,
require the release of specific investigative documents, as well as audio and video recordings
related to critical incidents and certain personnel records related to misconduct. He
recommended that some of the work be completed through a professional service agreement
with GNB Consulting, as APD does not have the expertise to complete the technical work.
DISCUSSION: Mayor Pro Tem Moreno expressed concerns, in regards to the Sunshine
Ordinance, that the principal at GNB Consulting is a former Anaheim Police Department
employee. Chief Cisneros felt that, at this time, there was no training or expertise in-house to
handle the workload and this will allow the City to understand the undertaking and make
assessments in the future which may include the request for a full time employee. Mayor Pro
Tem Moreno requested that it return to City Council after the first initial year with an assessment
and possible Request for Proposal.
Mayor Sidhu asked to proceed with the request as presented and felt that this was a great value.
MOTION: Mayor Sidhu moved to waive Council Policy 4.1 and approve an agreement with GNB
Consulting, in an amount not to exceed $150,000 annually, Consulting to prepare, redact and
produce documents and video/audio data for public release, pursuant to new state laws, for a
one year term, with the option to renew for four additional years, authorize the Chief of Police to
execute the agreement and take the necessary actions to implement and administer the contract,
and amend the Police Department's Fiscal Year 2018/19 budget by $150,000, seconded by
Council Member Kring. ROLL CALL VOTE: AYES — 6: (Mayor Sidhu and Council Members
Barnes, Brandman, Kring, Faessel, and O'Neil). NOES — 1 (Mayor Pro Tem Moreno). Motion
carried.
City Council Minutes of December 18, 2018
Page 12 of 19
22. ORDINANCE NO. 6453 (ADOPTION) AN ORDINANCE OF THE CITY OF
C420 ANAHEIM adding new Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-01
(SP2017-01) Zoning and Development Standards) to Title 18 (Zoning) of the Anaheim
Municipal Code (Introduced at the Council meeting of November 20, 2018, Public
Hearing Item No. 38).
ORDINANCE NO. 6454 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2017-00304; DEV2015-00014; Beach
Boulevard Specific Plan Project) (Introduced at the Council meeting of November 20,
2018, Public Hearing Item No. 38).
Determine that the proposed Ordinance adopting Chapter 18.122 (Beach Boulevard
Specific Plan (SP 2017-01) Zoning and Development Standards) and proposed
Reclassification No. 2017-00304 to apply the zoning and development standards of
proposed new Chapter 18.122 to those properties within the Beach Boulevard Specific
Plan project area were adequately analyzed pursuant to Final Environmental Impact
Report No. 2017-00350 certified in conjunction with the project on November 20, 2018.
DISCUSSION: Senior Planner Gustavo Gonzalez reported that the Beach Boulevard Specific
Plan does not allow for emergency shelters or the re -use of hotels, per Council Member Barnes
inquiry. He advised that existing properties would still continue to operate. Mr. Gonzalez advised
that transitional housing was permitted as determined by the State.
Council Member Faessel advised that permanent supportive housing would be permitted with a
conditional permit as determined by the State.
MOTION: Council Member Barnes moved to approve Item No. 22, seconded by Council Member
Kring.. ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Moreno, Barnes,
Brandman, Kring, Faessel, and O'Neil). NOES — 0. Motion carried.
24. Review the need for continuing the emergency action taken by the Council on December
3, 2018 pursuant to Public Contract Code Section 22050, related to the construction of a
D112 temporary emergency homeless shelter at 3035 East La Mesa Street in the City of
Anaheim, and, by 4/5 vote, determine that the need to continue the emergency action
exists.
City Attorney Fabela advised that this was a follow up item to action taken at the December 3,
2018 meeting and that regular updates and votes are continued until the emergency no longer
exists.
MOTION: Council Member Kring moved to review the need for continuing the emergency action
taken by the Council on December 3, 2018 pursuant to Public Contract Code Section 22050,
related to the construction of a temporary emergency homeless shelter at 3035 East La Mesa
Street in the City of Anaheim, and, by 4/5 vote, determine that the need to continue the
emergency action exists, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7:
(Mayor Sidhu and Council Members Moreno, Barnes, Brandman, Kring, Faessel, and O'Neil).
NOES — 0. Motion carried.
City Council Minutes of December 18, 2018
Page 13 of 19
25. ORDINANCE NO. 6457 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
D116 ANAHEIM amending Section 11.08.040 (Display of Flags on the Anaheim Civic Center
Flagpoles) of Chapter 11.08 (Conduct on Public Property) to authorize the display of the
M142 LGBT Pride Flag on the flagpole at Anaheim City Hall.
DISCUSSION: Council Member Brandman provided a recap of the original approval by City
Council.
Council Member Barnes reported that she has received many emails from her constituents and
believed that as a government representative, she serves the entire community.
Council Member O'Neil does not believe it is within the government's purview to fly any non-
government flags.
Council Member Kring also agreed that as a government building, nothing but official flags
should be flown at City Hall.
Mayor Pro Tem Moreno spoke about many comments that were made during public comments
and believed that this act will be symbolic as a sign of support.
Council Member Kring stated that she does not believe that the City needs to fly a flag to be
inclusive.
MOTION: Council Member Brandman moved to introduce ORDINANCE NO. 6457
(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 11.08.040
(Display of Flags on the Anaheim Civic Center Flagpoles) of Chapter 11.08 (Conduct on Public
Property) to authorize the display of the LGBT Pride Flag on the flagpole at Anaheim City Hall,
seconded by Mayor Pro Tem Moreno. ROLL CALL VOTE: AYES — 4: (Mayor Sidhu and
Council Members Moreno, Brandman, Faessel). NOES — 3: (Council Members Barnes, Kring
and O'Neil). Motion carried; ordinance introduced.
26. RESOLUTION NO. 2018-149 A RESOLUTION OF THE CITY COUNCIL OF THE
D114 CITY OF ANAHEIM amending Policy 1.6 of the City Council Policy Manual relating to the
manner in which members of the City Council may place matters on the agenda of a
regular City Council meeting and rescinding Resolution No. 2017-041.
City Clerk Linda Andal provided background on Council Policy 1.6. She reported that the agenda
setting process amendment will facilitate streamlined, efficient meetings and allow for more
productive utilization of staff time on priority projects impacting the City.
DISCUSSION: Mayor Sidhu explained the background to this proposal to complete business
efficiently and effectively.
MOTION: Mayor Sidhu moved to approve Item No. 26 as presented, seconded by Council
Member Kring.
DISCUSSION: Council Member Barnes expressed her opposition to the amendment.
City Council Minutes of December 18, 2018
Page 14 of 19
City Attorney Robert Fabela provided information relative to the Brown Act. Council Member
O'Neil expressed his support and believed it will remove a drain on staff's time and allow the City
Council to operate more efficiently.
Mayor Pro Tem Moreno recommended that City Council police itself and did not see the need for
a change.
Council Member Kring spoke in opposition to the amendment and agreed that City Council can
be mindful of time constraints.
Council Member Faessel believed that this amendment would force the City Council to work
together and be more efficient.
Mr. Fabela advised that an item can be agendized with at least two other City Council members
in agreement, but without discussion or debate.
AMENDED MOTION: Council Member Barnes moved to only require a second occurrence,
seconded by Mayor Pro Tem Moreno. ROLL CALL VOTE: AYES — 3: (Mayor Pro Tem Moreno
and Council Members Barnes and Brandman). NOES — 4: (Mayor Sidhu and Council Members
Kring, Faessel, and O'Neil). Motion failed.
MOTION: Mayor Sidhu moved to approve RESOLUTION NO. 2018-149 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Policy 1.6 of the
City Council Policy Manual relating to the manner in which members of the City Council may
place matters on the agenda of a regular City Council meeting and rescinding Resolution No.
2017-041, seconded by Council Member Kring. ROLL CALL VOTE: AYES — 4: (Mayor Sidhu
and Council Members Kring, Faessel, and O'Neil). NOES — 3: (Mayor Pro Tem Moreno and
Council Members Barnes and Brandman). Motion carried.
27. Review the list of regional agency appointments and appoint or reappoint representatives
D113 to serve on the following regional agencies:
B105 Anaheim Union High School District Foundation:
APPOINTMENT: (1 year term, ending December 31, 2019)
(vacant, held by Tom Tait)
Continued to January 15, 2019.
APPOINTMENT: Harry Sidhu (1 year term, ending December 31, 2019)
(vacant, held by James Vanderbilt)
(RE)APPOINTMENT: Tom Morton (1 year term, ending December 31, 2019)
(currently held by Tom Morton, staff)
Mayor Sidhu nominated Mayor Sidhu and Council Member Barnes for appointment and Tom
Morton for reappointment. Council Member Barnes withdrew her name for appointment to the
Anaheim Union High School District Foundation.
City Council Minutes of December 18, 2018
Page 15 of 19
Fire Training Joint Powers Authority:
(RE)APPOINTMENT: Stephen Faessel
(currently held by Mayor Pro Tem Jose Moreno)
ALTERNATE: Jordan Brandman
(vacant, held by James Vanderbilt)
Mayor Sidhu nominated Council Member Faessel for appointment and Council Member
Brandman as the alternate.
Four Corners Transportation Coalition:
APPOINTMENT:
(vacant, held by Kris Murray)
Continued to January 15, 2019.
(3 year term, ending December 31, 2021)
Mayor Sidhu nominated Mayor Pro Tem Moreno for appointment. Mayor Pro Tem Moreno
withdrew his name for appointment to the Four Corners Transportation Coalition.
Orange County -City Hazardous (HAZMAT) Emergency Response Authority:
(RE)APPOINTMENT: Denise Barnes
(currently held by Council Member Denise Barnes)
Mayor Sidhu nominated Council Member Barnes for reappointment.
Metropolitan Water District (MWD):
(RE)APPOINTMENT: Stephen Faessel
(currently held by Council Member Stephen Faessel)
Mayor Sidhu nominated Council Member Faessel for reappointment.
Orange County Sanitation District (OCSD):
(RE)APPOINTMENT: Lucille Kring
(currently held by Council Member Denise Barnes)
ALTERNATE: Denise Barnes
(currently held by Council Member Lucille Kring)
Mayor Sidhu nominated Council Member Kring for appointment and Council Member Barnes as
the alternate.
Orange County Water District, District 9:
(RE)APPOINTMENT: Jordan Brandman (4 year term, ending December 4, 2020)
(currently held by James Vanderbilt)
Mayor Sidhu nominated Council Member Brandman for appointment.
City Council Minutes of December 18, 2018
Page 16 of 19
Santa Ana River Flood Protection Agency (SARFPA):
(RE)APPOINTMENT: Stephen Faessel
(currently held by Council Member Jose Moreno)
ALTERNATE: Rudy Emami
(currently held by Rudy Emami, staff)
Mayor Sidhu nominated Council Member Faessel for appointment and Public Works Director
Rudy Emami for reappointment as the alternate.
Southern California Association of Governments (and OCCOG):
APPOINTMENT: Trevor O'Neil (2 year term, May 2019 - 2021)
(vacant, held by Council Member Kris Murray)
ALTERNATE: Lucille Kring (2 year term, May 2019 - 2021)
(currently held by Council Member Lucille Kring)
Mayor Sidhu nominated Council Member O'Neil for appointment and Council Member Kring as
the alternate.
Transportation Corridor Agency, Foothill Eastern Area (TCA):
(RE)APPOINTMENT: Lucille Kring
(currently held by Council Member Jose Moreno)
ALTERNATE: Stephen Faessel
(currently held by Council Member Lucille Kring)
Mayor Sidhu nominated Council Member Kring for appointment and Council Member Faessel as
the alternate.
DISCUSSION: Mayor Sidhu provided nominations for appointments, reappointments, and
alternates. Mayor Pro Tem Moreno withdrew his name for appointment to the Four Corners
Transportation Coalition and asked Mayor Sidhu to explain the rationale and qualifications of
each member to each agency. Mayor Sidhu advised that he has worked with each Council
Member and feels that each of his appointments are based on his prior working relationships
with each individual.
Council Member Barnes withdrew her name for appointment to the Anaheim Union High School
District Foundation.
MOTION: Hearing no further nominations, Mayor Sidhu moved to approve the nominations as
presented, with two noted withdrawals, and continue the one appointment to the Anaheim Union
High School District Foundation and the Four Corners Transportation Coalition, seconded by
Council Member Kring. ROLL CALL VOTE: AYES — 6: (Mayor Sidhu and Council Members
Barnes, Brandman, Kring, Faessel, and O'Neil). NOES — 1: (Mayor Pro Tem Moreno). Motion
carried.
City Council Minutes of December 18, 2018
Page 17 of 19
28. Nominate and appoint one Council Member to serve as Mayor Pro Tern for the 2019
D113 calendar year.
DISCUSSION: Mayor Sidhu nominated Council Member Kring for Mayor Pro Tern.
Council Member Barnes nominated Council Member Faessel. Council Member Faessel deferred
the appointment to Council Member Kring due to her years of experience.
MOTION: Hearing no further nominations, Mayor Sidhu moved to approve the nomination of
Council Member Kring, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 7:
(Mayor Sidhu and Council Members Moreno, Barnes, Brandman, Kring, Faessel, and O'Neil).
NOES — 0. Motion carried.
PUBLIC HEARING:
29. Appellant and Applicant request continuance to January 15, 2019.
C220 CONDITIONAL USE PERMIT NO. 2003-04800D (DEV2018-00051)
LOCATION: 200 North Via Cortez, located approximately 750 feet north of Santa Ana
Canyon Road, at the northern terminus of North Via Cortez.
OWNER: Ellas Properties, Inc., 5396 La Palma Avenue, Anaheim CA 92807
APPLICANT: Caliber Motors. Inc., 5395 La Palma Avenue, Anaheim CA 92807
REQUEST: The applicant proposes to amend an existing conditional use permit to
revise previously-approved plans by eliminating the auto dealership expansion, construct
a new 204 square-foot auto parts storage building, allow auto repair and maintenance
services within the existing auto service building, and modify conditions of approval to
allow transport truck deliveries for automobiles on-site and 24 hour auto parts delivery in
conjunction with an existing automobile dealership facility (Mercedes Benz of Anaheim).
ENVIRONMENTAL DETERMINATION: The City Council will consider whether the
proposed action is categorically exempt from the requirements to prepare additional
environmental documentation per California Environmental Quality Act (CEQA)
Guidelines, Section 15301, Class 1 (Existing Facilities).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Conditional Use Permit No. 2003-04800D with modifications to Condition No.
13 per a revised redlined resolution submitted by staff to the Planning Commission which
limits the use of the subject site to a franchise automobile dealership, whose business
includes the sales and servicing of new and used vehicles only (PC2018-055). A different
type of auto dealership would be subject to review by the Planning Director to determine
substantial conformance with this requirement. (VOTE: 5-2; Commissioners Armstrong,
Dalati, Keys, Lieberman and White voted yes. Chairperson Carbajal and Commissioner
Gillespie voted no.) (Planning Commission meeting of October 29, 2018) (Appealed by
the Canyon Oaks Maintenance Corporation)
Public Hearing Item No. 29 continued to January 15, 2019 at the request of the appellant.
City Council Minutes of December 18, 2018
Page 18 of 19
REPORT ON CLOSED SESSION:
City Attorney Robert Fabela reported Council authorized the filing of a cross-complaint as to Item
No. 5.
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Barnes recognized the Western High School football team for winning the CIF
Southern Section Division 11 championship and requested a Council recognition. She reported
her attendance at the WAND tree lighting ceremony and Fire Chief Bruegman's retirement party,
looked forward to the opening of the temporary shelter, welcomed input on the proposed dog
park at Maxwell Park and wished everyone a Merry Christmas and Happy New Year.
Council Member O'Neil wished everyone happy holidays.
Council Member Kring announced the K&A Cafe Christmas Eve event, acknowledged the Angels
for hosting the Boys & Girls Club holiday party, the Ducks and OCTA for the Sparks of Love
event, toy drives, and the Cops 4 Kids donations. She encouraged anyone struggling with
hardships to contact 211 -OC, spoke to Chief Bruegman's retirement, thanked her colleagues,
and wished everyone a Merry Christmas and happy 2019. She acknowledged Public Works
employee, Mike Wood, and his staff for excellent service reported by a resident addressing
flooding and mosquito issues on her street.
Council Member Faessel requested the meeting be adjourned in memory of Anaheim resident,
Angeline Bevins. He announced the new lighting effects at City Hall, reported South Junior High
was selected as a statewide finalist in the "Grades of Green" water campaign, announced the
Orange County Clerk/Recorder was moving its satellite office from Fullerton to Anaheim, and
acknowledged the retirements of Phil Hayes and Roger Bennion. He reported his attendance at
the Anaheim Historical Society Christmas party, WAND Tree Lighting, Bruno Serato's pasta-
thon, Nutcracker Downtown Holiday Village and Tree Lighting ceremony, Katella High School
AIME finale, and the Applebee's Breakfast with Santa fundraiser. He recognized the retirement
of Chief Bruegman and acknowledged his wife's volunteer contributions to the city. Council
Member Faessel requested Mayor Sidhu look into how other organizations may be recognized
and supported for their efforts, in light of the approval of Item No. 25.
Council Member Brandman wished a fond farewell to Chief Bruegman and his family, offered
thanks to all for their work on the interim shelter, and wished everyone happy holidays.
Mayor Pro Tem Moreno gave best wishes to Chief Bruegman and his family on his retirement.
He announced the Hope for Restoration event for National Homeless Persons Memorial Day on
December 21, wished all happy holidays, offered congratulations to high school seniors who
submitted college applications, and welcomed home college students on holiday break. He
restated his previous agenda requests: review of boards and commissions to be combined with
Council Members Kring's request regarding the Senior Citizen and Youth Commissions, a
presentation of the Sunshine Ordnance and conflict of interest policy, an analysis of rents and
housing in the city, and to begin conversations with the trades and business partners around
community workforce agreements. He announced he will post a list of campaign contributions on
his Council website and will disclose at a meeting when he is voting on an item involving a donor.
Mayor Sidhu requested the City Manager and City Clerk work on posting meeting agendas on
Thursdays and asked the City Manager to contact each Council Member to answer questions
City Council Minutes of December 18, 2018
Page 19 of 19
and provide information in advance of Council meetings. He thanked his colleagues, and all
involved in addressing the homeless crisis with urgency and compassion and encouraged staff to
be safe, enjoy the holidays with their families, and wished all a Merry Christmas and Happy New
Year.
ADJOURNMENT:
At 10:30 P.M., with no objection, Mayor Sidhu adjourned the December 18, 2018 meeting in
memory of Angeline Bevins.
Respectfully submitted,
eresa ss, CMC
City Clerk