05/07/2019 ANAHEIM CITY COUNCIL REGULAR AND
REGULAR ADJOURNED MEETING OF MAY 7, 2019
The regular meeting of May 7, 2019 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 May 7, 2019 was called to order at 3:32
P.M. in the chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting
notice, agenda, and related materials were duly posted on May 2, 2019.
PRESENT: Mayor Harry Sidhu and Council Members Lucille Kring, Denise Barnes,
Jordan Brandman, Jose F. Moreno, Stephen Faessel, and Trevor O'Neil.
STAFF PRESENT: City Manager Chris Zapata, City Attorney Robert Fabela, and City Clerk
Theresa Bass.
ADDITIONS\DELETIONS TO CLOSED SESSION:
City Attorney Robert Fabela announced Item No. 1 relates to potential litigation, including
administrative hearing and proceedings, arising out of the City's regulations of short-term rental
properties (STRs), further noting that he recused himself from this item and would not participate
in its discussion. He further announced Item No. 2 relates to potential litigation arising out of SB-
1421, which made certain police personnel records public records, and Item No. 3 relates to
potential litigation arising out the City's decision to not purchase property at 3431 East La Palma
Avenue.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 3:34 P.M., Mayor Sidhu recessed to closed session for consideration of
the following:
1. 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 - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
the California Government Code Section 54956.9: One potential case
3. 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 5:04 P.M., the Anaheim City Council session was reconvened.
INVOCATION: Rabbi Joel Berman, Temple Beth Emet
FLAG SALUTE: Council Member Trevor O'Neil
City Council Minutes of May 7, 2019
Page 2 of 16
PRESENTATIONS: Update from Anaheim Elementary School District
Christopher Downing, Superintendent, Anaheim Elementary School District (AESD), provided an
update and explained the principles of the e2STEAM-D education program at AESD and its
impact on students.
Recognizing Disney's Dreamers and Doers winners
Rafa Barron, Disney Ambassador, presented a video on the Dreamers and Doers program.
Mayor Sidhu honored Vincent Tran, Magnolia High School; Jasmine Nguyen, Canyon High
School; Ben Tecker, Esperanza High School; Nicole Garcia; Rosary Academy; and Joseph Lou,
Oxford Academy for their achievements.
Acceptance of Other Recognitions (To be presented at a later date):
Recognizing May 13 — 19, 2019, as National Bike to Work Week
Nicole Sanchez, Public Works Administrative Analyst, provided a brief overview of the Bike to
Work program and thanked City Council for the recognition.
Recognizing May 18, 2019, as Kids to Parks Day
Kevin Somes, Community Services Department, thanked City Council for recognizing Kids to
Parks Day and outlined events and opportunities at the Oak Canyon Nature Center. He
announced the Anaheim Children's Festival on May 18, 2019 at Pearson Park.
Recognizing May 21 — 27, 2019, as National Public Works Week
Rudy Emami, Public Works Director, accepted the proclamation and noted the theme for this
year was "It Starts Here". He shared that the 5th grade students from Olive Street Elementary
School would be visiting the Public Works yard on May 16, 2019 to learn more about the Public
Works Department.
ADDITIONS/DELETIONS TO THE AGENDAS:
City Clerk Theresa Bass announced Mayor Sidhu requested Item No. 26 be withdrawn from the
agenda. Mayor Sidhu addressed his withdrawal of Item No. 26 and requested his colleagues
informally practice the proposal of two rounds of five minutes each for Council questions and
comments on each agenda item, followed by a vote; further noting a Council Member could
request additional time for discussion, if needed.
Prior to the opening of public comments, Doug Chaffee, 4th District Supervisor, addressed the
City Council and encouraged them to join the Orange County Housing Finance Trust. The goal
of the Trust was to create an additional 2,700 affordable housing units in response to the
homeless crisis and shortage of supportive housing in Orange County. The County has
committed to providing up to two years of administrative funding to the Trust. Supervisor Chaffee
shared that it was a priority of the County to have all 34 cities participate. He also provided an
update to the Point-in-Time count.
City Council Minutes of May 7, 2019
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PUBLIC COMMENTS: Prior to receipt of public comments, an outline of rules for public
comments and a brief decorum statement was provided by City Clerk Theresa Bass.
Cecil Jordan Corkern, Outreach Homeless Ministries, reported on his outreach efforts and
expressed concern for the safety at Star Wars Land.
Mark Richard Daniels expressed his support for Item No. 23 and encouraged City Council to
pass the item. He thanked Mayor Sidhu for removing Item No. 26 from the agenda.
R. Joshua Collins, Homeless Advocates for Christ, expressed his support for Item No. 23 and
spoke of the Restoration House program and the impacts if not approved by City Council. He
encouraged Council to continue to support supportive housing and spoke of the Anaheim First
Advisory members.
Pastor Santos Chavez, Restoration House, shared their outreach mission, extended an invitation
to the City Council to visit and see the work of Restoration House, and encouraged City Council
to approve Item No. 23.
Duane Roberts expressed his support for removing Item No. 26 from the agenda and hoped it
stayed off indefinitely. He expressed concern for the supporters of Anaheim First and their
campaign contributions to some members of City Council.
William Fitzgerald, Home Owners Maintaining Our Environment, expressed concern regarding
Anaheim First and its ties to the Anaheim Resort.
Bob Donelson expressed his support for removing Item No. 26 from the agenda and hoped it
stayed off indefinitely. He also expressed his support for Item No. 23 and expressed concerns of
the cost related to Item No. 04. With regard to Item Nos. 12 and 28, he felt that those items do
not benefit the residents of Anaheim.
Edward Medina, resident of the Restoration House, spoke of the benefits of the program and
encouraged City Council to pass Item No. 23.
Joshua Correa thanked Supervisor Chaffee for his continued support and expressed his support
for Item No. 23.
Jessica Hubbard, Director of Programs at Girls, Inc., spoke about Accelerate Change Together
(ACT) Anaheim regarding the Anaheim Youth Services Assessment of 2012 and expressed
concern for the lack of services available for Anaheim teens. She discussed potential
partnerships with the City in the area of youth services.
Elisa Bustamante, Girls Inc. participant, spoke of the program, its positive impact, and
encouraged City Council to support ACT Anaheim and Girls, Inc.
Faith Moch, Girls Inc. participant, spoke of the program and encouraged City Council to support
ACT Anaheim and Girls, Inc.
City Council Minutes of May 7, 2019
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Felix L. Haddix spoke regarding an issue he had with Code Enforcement regarding his property
and requested support from City Council.
Mayor Sidhu asked City Manager Zapata to work with Mr. Haddix regarding the issue.
Victoria Uriostegui, Girls Inc. participant, encouraged City Council to support ACT Anaheim and
Girls, Inc.
Jada London, Girls Inc. participant, highlighted the Girls, Inc. program and how it has had a
positive impact on teens.
Jeanine Robbins addressed Visit Anaheim and Anaheim First and their ties to the Anaheim
Resort.
Mike Robbins spoke regarding the Orange County Housing Trust (OCHT) and encouraged City
Council to support housing projects now that there was a funding model.
Kenneth Batiste spoke regarding Visit Anaheim, Anaheim First, and their ties to Anaheim Resort.
He expressed concern for the $250 million that has been pledged to Anaheim First and
expressed concern regarding the funding source.
Lupe Ramirez, Rancho La Paz Mobile Home Park resident, expressed concern for the rental
space increase and asked City Council to assist the residents with rent control.
Elan Milkes spoke regarding a property his family has for sale in Anaheim. He noted there was a
homeless encampment behind the property which was discouraging interest in the property. He
asked City Council to investigate the matter and clear the vegetation that was keeping the area
private and an attraction to the homeless.
John Dunton, California Crisis Intervention Group, addressed the lack of police officers for the 64
public schools in Anaheim. He noted there were five police officers for all 64 schools and he felt
that was not enough to provide public safety for the youth of Anaheim.
Emilio Moreno spoke regarding the high rent increase at his apartment in Anaheim and
encouraged City Council to assist with rent control.
Rosaisela Lopez addressed high rent increases at the Casa Grande Apartments and
encouraged City Council to assist with rent control.
Esther Gomez spoke regarding high rent increases in Anaheim and encouraged City Council to
assist with rent control.
Mariana Rivera spoke regarding Visit Anaheim, Anaheim First, and their ties to Anaheim Resort.
She felt that taxpayer money needed to be used for the residents of Anaheim and encouraged
City Council to support Anaheim residents.
Carlos Rodriguez spoke regarding high rent increases in Anaheim and encouraged City Council
to assist with rent control.
City Council Minutes of May 7, 2019
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Stephanie Torres spoke regarding high rent increases at the Casa Grande Apartments in
Anaheim and encouraged City Council to assist with rent control.
Wes Jones spoke regarding Visit Anaheim, Anaheim First and their ties to the Anaheim Resort.
He expressed concern for the $250 million that had been pledged for Anaheim First and
expressed concern regarding the funding source. He invited City Council to the Fair Lease of
Angels Stadium Public Forum on May 15, 2019 at Katella High School.
Raul Gomez spoke regarding high rent increases at the Casa Grande Apartments in Anaheim
and encouraged City Council to assist with rent control.
Andrea Manes invited City Council and the public to the Greek Festival on May 17 — 19, 2019 at
the St. John's Greek Orthodox Church located at 405 N. Dale Street and to the Children's
Festival on May 18, 2019 at Pearson Park.
Bryan Kaye expressed concern for decisions by City Council that impact Anaheim residents.
Dave expressed his concern for the homeless crisis in Anaheim and felt that Proposition 47 and
AB109 were contributing to the problem.
Genoveva Garcia, Rancho La Paz Mobile Home Park resident, expressed concern with the
rental space increase and asked City Council to assist the residents with rent control.
CITY MANAGER'S UPDATE:
City Manager Chris Zapata reported two department head recruitments were underway for the
Fire Chief and Planning & Building Director and he expected to bring employment agreements
before Council within 60 days, resulting in a fully-filled executive management team. He also
announced working with the Audit Division to assess youth programs offered by departments
across the city and to account for time and funding spent to date on efforts related to
homelessness. In response to questions by Council Member Moreno, Mr. Zapata reported he
had not met with the Angels nor knew of any other meetings and the appraisal was still in the
process to hopefully be presented to Council in June.
CONSENT CALENDAR: At 8:04 P.M., the consent calendar was considered with Council
Member Moreno removing Item Nos. 12, 15, 16, 21, and 27 for separate discussion.
MOTION: Mayor Pro Tern 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 Faessel.
ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Kring, Barnes, Brandman,
Moreno, Faessel, and O'Neil). NOES — 0. Motion carried.
1. Receive and file minutes of the Library Board meeting of February 11, 2019, Public
8105 Utilities Board meeting of March 27, 2019, and the Sister City Commission meeting of
March 25, 2019.
2. Approve recognitions for Stand Up for Kids and Anaheim Union High School District's
D116 2019 Scholar Athletes.
City Council Minutes of May 7, 2019
Page 6 of 16
D117 3. Approve Investment Portfolio Report for March 2019.
4. Accept the bid from The Illini Companies, Inc. dba Commercial Aquatic Services, in the
D180 amount of $60,542 plus applicable tax and a 20% contingency, to provide chemicals and
maintenance services for the Pearson Park pool and water features 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 #9282.
5. Accept the bid from Pictometry International Corp., in the amount of $61,360 plus
D180 applicable tax, to provide aerial photography of Orange County for city department use
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 #9270.
D180 6. Accept the bid from Transwest Truck Center, in the amount of $124,202.50 plus
applicable tax, for the purchase of an asphalt repair truck for use by the Streets and
Sanitation Division of the Public Works Department, and authorize the Purchasing Agent
to issue a purchase order, in accordance with Bid #9280.
D180 7. Accept the bid from Commline, Inc., in the amount of$150,399.91 plus applicable tax, for
the purchase of Hytera hand held radios and related equipment for the Anaheim
Convention Center, and authorize the Purchasing Agent to issue a purchase order, in
accordance with Bid #9288.
8. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
D180 Agent to issue a purchase order to All-Star Post-Tension, in the amount of$157,250, for
repairs needed to the external post tension system supporting the concrete structure in
Parking Structure 2 at the Anaheim Convention Center.
D180 9. Waive the sealed bid requirement of Council Policy 4.0 and approve Change Order No. 2
with Liberty Climate Control, Inc., in the amount of $82,208.17, increasing the contract
amount from $1,170,000 to $1,252,208.17 for the replacement of the HVAC system,
including chillers, cooling tower, and controls, at Anaheim City Hall and authorize the
Purchasing Agent to execute the change order.
AGR- 10. Award the contract to the lowest responsible bidder, Garrett J. Gentry General
11474 Engineering, Inc., in the amount of $3,282,176.02, for the Modjeska Park Underground
Storm Water Detention and Infiltration System.
11. Award the contract to the lowest responsible bidder, Onyx Paving Company, Inc., in the
AGR- amount of $1,711,000, for the construction of Residential Street Improvement Project -
11475 Acacia Phase I, authorize the Finance Director to execute the Escrow Agreement, and
determine the project is categorically exempt under the California Environmental Quality
Act.
City Council Minutes of May 7, 2019
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AGR- 13. Approve a Reimbursement Agreement with Orange County Sanitation District for
11477 installation of fiber communication networks and equipment for managing construction
traffic on Orange Avenue between west city limit to Western Avenue and on Western
Avenue between Orange Avenue and north city limit, and approve a Public Works
revenue and expenditure appropriation increase by $220,000 in the General Fund.
14. Approve an agreement with Harris & Associates, in an amount not to exceed $655,500,
AGR- for consultant services for the Anaheim Resort Safety Bollards Pilot Program and
11478 authorize the Director of Public Works to execute and take the necessary actions to
implement and administer the agreement.
17. Authorize an appropriation adjustment to increase the Police Department's revenue and
D106 expenditure appropriations by $150,000 in fiscal year 2018/19 under the FY 2016 Urban
Area Security Initiative Grant for use in supporting the Orange County Intelligence
Assessment Center.
AGR- 18. Approve an agreement, in substantial form, with Gemalto Cogent Inc., in an amount not
6655.A to exceed $1,000,000, for an automated biometric identification system for a five year
term, and authorize the Chief of Police to execute the agreement.
19. Approve an agreement with Wittman Enterprises, LLC to provide emergency medical
AGR services cost recovery at a cost not to exceed 3.90% of net collections for three years
4410.A with one three-year optional extension; approve an agreement with CARE Ambulance
Services, Inc. to provide emergency medical transport at a Year 1 cost not to exceed
$83.65 per direct unit hour and $101.24 per surge protection hour for three years with
one three-year optional extension; and authorize the Fire Chief to take the necessary
actions to implement the agreements.
20. RESOLUTION NO. 2019-040 A RESOLUTION OF THE CITY COUNCIL OF THE
AGR- CITY OF ANAHEIM approving a Cooperative Fire Protection Agreement with the
1666.M California Department of Forestry and Fire Protection, and authorizing the Anaheim Fire
Chief to execute the Operating Plan and any other documents required in connection with
that agreement (agreement amount not to exceed $171,874.63 for the term of July 1,
2019 to June 30, 2020).
D154.5 22. RESOLUTION NO. 2019-042 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the International
Brotherhood of Electrical Workers, Local 47 and the City of Anaheim (promotional
process for Customer Service Representative II to Customer Service Representative III
classification).
23. RESOLUTION NO. 2019-043 A RESOLUTION OF THE CITY COUNCIL OF THE
C220 CITY OF ANAHEIM waiving conditional use permit fees applicable to the Restoration
House project (amount of fees waived will not exceed $8,517 for transitional housing
facility located at 138 South Gilbert Street).
P124 24. RESOLUTION NO. 2019-044 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
interests in real property (City Deeds Nos. 12270, 12271, 12272, 12273, 12274, and
12275; city uses in connection with the provision of utility services).
City Council Minutes of May 7, 2019
Page 8 of 16
P124 25. RESOLUTION NO. 2019-045 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
real properties or interests therein (City Deeds Nos. 12276, 12277 & 12279; Orangewood
Avenue Widening Improvement Project from State College Boulevard to the Santa Ana
River).
26. Mayor Sidhu requested this item be withdrawn from the agenda.
D114
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending and restating the Procedures and Rules of Order for the
conduct of City Council meetings (council comments and discussion) (continued from the
Council meeting of April 16, 2019, Item No. 23).
Item No. 26 withdrawn from agenda. No action taken.
END OF CONSENT CALENDAR:
AGR- 12. Authorize the Finance Director to increase the Public Works fiscal year 2018/19 budget
11476 by $493,000, to provide additional Anaheim Tourism Improvement District transportation
funding towards the preparation of The Anaheim Resort Area Mobility Plan and
Pedestrian Bridge Engineering Feasibility Analysis, approve an agreement with Fehr &
Peers, in an amount not to exceed $930,000, for consultant services for The Anaheim
Resort Area Mobility Plan and Pedestrian Bridge Engineering Feasibility Analysis, and
authorize the Director of Public Works to execute and take the necessary actions to
implement and administer the agreement.
Public Works Director Rudy Emami advised this item was for consulting services to complete a
Mobility Analysis for future planning around the Anaheim Resort Area and was funded through
grants by CalTrans along with match funding by Anaheim Tourism Improvement District (ATID)
Transportation Funds.
DISCUSSION: In response to Council Member Moreno's inquiry, Mr. Emami advised the City
would not be obligated to complete any projects or make decisions as a result of the analysis.
He further explained it would simply allow the City to prioritize the options and move those
identified into the next step of planning.
MOTION: Council Member Moreno moved to authorize the Finance Director to increase the
Public Works fiscal year 2018/19 budget by $493,000, to provide additional Anaheim Tourism
Improvement District transportation funding towards the preparation of The Anaheim Resort Area
Mobility Plan and Pedestrian Bridge Engineering Feasibility Analysis, approve an agreement with
Fehr & Peers, in an amount not to exceed $930,000, for consultant services for The Anaheim
Resort Area Mobility Plan and Pedestrian Bridge Engineering Feasibility Analysis, and authorize
the Director of Public Works to execute and take the necessary actions to implement and
administer the agreement, seconded by Mayor Pro Tern Kring. ROLL CALL VOTE: AYES — 7:
(Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil).
NOES — 0. Motion carried.
City Council Minutes of May 7, 2019
Page 9 of 16
AGR 15. Approve an agreement with the lowest responsible proposer, Parking Sense USA, Inc., in
an amount not to exceed $1,006,070, for the design and installation of a parking
11479 guidance system throughout the Center City parking facilities, determine the project is
categorically exempt under the California Environmental Quality Act, and authorize the
Community and Economic Development Director or his designee, to execute and
administer the agreement (Center City parking facilities identified as Off Mito (adjacent to
City Hall), Off Claudina (across the street from the Downtown Community Center),
Community Center Lot (adjacent to the Down Town Community Center), On Center
(adjacent to Anaheim West Tower), and three surface lots around the Anaheim Packing
House).
Executive Director of Community Development John Woodhead advised the City issued a
Request for Proposal (RFP) for a Parking Guidance System (PGS). He advised there were
increased operational demands and challenges related to parking management in the downtown
area. The PGS will collect and display available parking data at each of the parking structures to
assist in the real-time management of the parking pool. Additionally, signage would be displayed
at the entrance of the parking structures and the data would be available through handheld
devices via a web page and a parking app to provide parking information in advance. Lastly, he
advised that $1 million in funding would be available from restricted Recovery Zone Bond
proceeds in the Department's FY 2018/19 capital improvement program budget.
DISCUSSION: In response to Council Member Moreno's questions, Mr. Woodhead advised that
$1 million was an all-inclusive number; there will be no charge for parking at the structures and
there will be no impact to the Senior Center.
In response to Council Member Faessel's inquiry, Mr. Woodhead advised the parking system
would similar to that at John Wayne Airport.
MOTION: Council Member Moreno moved to approve an agreement with the lowest responsible
proposer, Parking Sense USA, Inc., in an amount not to exceed $1,006,070, for the design and
installation of a parking guidance system throughout the Center City parking facilities, determine
the project is categorically exempt under the California Environmental Quality Act, and authorize
the Community and Economic Development Director or his designee, to execute and administer
the agreement (Center City parking facilities identified as Off Mito (adjacent to City Hall), Off
Claudina (across the street from the Downtown Community Center), Community Center Lot
(adjacent to the Down Town Community Center), On Center (adjacent to Anaheim West Tower),
and three surface lots around the Anaheim Packing House), seconded by Mayor Pro Tem Kring.
ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Kring, Barnes, Brandman,
Moreno, Faessel, and O'Neil). NOES — 0. Motion carried.
16. Approve a Notice of Intent with the County of Orange, in the estimated cost of
$3,451,512, for animal care and shelter services for the period of July 1, 2019 through
AGR- June 30, 2020.
1458.L.0.4
DISCUSSION: In response to Council Member Moreno's inquiry, Deputy City Manager David
Belmer advised that he was not aware that Anaheim had a definition of a dangerous animal that
was different than the definition of the County. He advised that residents should call 911 if there
was an imminent threat of attack by a dangerous animal. Mr. Belmer advised he would look into
the issue.
City Council Minutes of May 7, 2019
Page 10 of 16
In response to Council Member Barnes, Mr. Belmer advised that the external audit for Orange
County Animal Healthcare will take place this year.
MOTION: Council Member Moreno moved to approve a Notice of Intent with the County of
Orange, in the estimated cost of $3,451,512, for animal care and shelter services for the period
of July 1, 2019 through June 30, 2020, seconded by Mayor Pro Tem Kring. ROLL CALL VOTE:
AYES — 7: (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and
O'Neil). NOES — 0. Motion carried.
AGR- 21. RESOLUTION NO. 2019-041 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM relating to the joint exercise of powers for, and membership in, the
11482 Orange County Housing Finance Trust (Orange County Housing Finance Trust Joint
Exercise of Powers Agreement to facilitate efforts to acquire funds to address
homelessness and affordable housing).
Receive and file the draft bylaws, which are subject to formal adoption by the Orange
County Housing Trust's Board of Directors following its creation through the execution of
the Orange County Housing Finance Trust Joint Powers Agreement by the County of
Orange and participating cities.
Deputy City Manager David Belmer advised, at a recent City Council meeting, staff presented an
update on ongoing efforts to address homelessness in Anaheim and discuss recent
accomplishments. He advised that the development of Permanent Supportive Housing (PSH)
units was the long term strategy. Mr. Belmer stated that policymakers around the county initiated
discussions to provide up to 2,700 units of supportive housing in Orange County. The capital
funding requirements for the 2,700 supportive housing units were estimated to be $930 million.
He advised that the Orange County Housing Finance Trust (Trust) has been established to
facilitate efforts to acquire funds to address homelessness and affordable housing. The
recommendation is that the City join the Trust. He shared that the administrative costs would be
covered by the County for the first year and annual administrative costs were not expected to
exceed $20,000.
DISCUSSION: In response to Council Member Moreno inquiry, Mr. Belmer advised that 13 cities
have joined the Trust. Council Member Moreno expressed concern that there were not ten
other cities that have joined trust which was a threshold required before Anaheim would consider
membership. He expressed concerns that the Conflict of Interest (COI) rules were simply the
same COI rules deemed by the State.
MOTION: Council Member Moreno moved to amend the resolution by adding a request to the
Orange County Housing Trust's Board of Directors to adopt a policy requiring board members
who are elected officials to recuse themselves from items brought forward by developers who
contributed to their campaign, seconded by Council Member Brandman.
SUBSIDIARY MOTION: Council Member Brandman moved to continue Item No. 21 to June 18,
2019, seconded by Council Member Moreno.
DISCUSSION: Council Member O'Neil stated he would not support the continuance and thanked
Assemblymember Tom Daly for authoring the bill.
City Council Minutes of May 7, 2019
Page 11 of 16
Mayor Pro Tern Kring concurred with Council Member O'Neil and felt this item was good for the
entire county. She did not support the amendment to adopt a policy requiring board members
who are elected officials to recuse themselves from items brought forward by developers who
contributed to their campaign. Mayor Sidhu also noted that he would not support the
amendment.
Council Member Moreno clarified and reiterated the commitment was that the threshold for
membership was that ten cities would join the trust before Anaheim would join. He felt the
amendment was important in order to keep the process clean.
SUBSIDIARY MOTION: Council Member Brandman moved to continue Item No. 21 to June 18,
2019, seconded by Council Member Moreno. ROLL CALL VOTE: AYES - 3 (Council Members
Barnes, Brandman, and Moreno); NOES — 4 (Mayor Sidhu and Council Members Kring, Faessel,
and O'Neil). Motion failed.
DISCUSSION: Mayor Pro Tern Kring clarified that former mayor Curt Pringle does not fund any
part of Association of California Cities (ACC-OC) events.
Council Member O'Neil commended ACC-OC for their work in getting the Trust passed.
MOTION: Council Member Moreno moved to amend the resolution by adding a request to the
Orange County Housing Trust's Board of Directors to adopt a policy requiring board members
who are elected officials to recuse themselves from items brought forward by developers who
contributed to their campaigns, seconded by Council Member Brandman. ROLL CALL VOTE:
AYES - 2 (Council Members Barnes and Moreno); NOES — 5 (Mayor Sidhu and Council
Members Kring, Brandman, Faessel, and O'Neil). Motion failed.
MOTION: Mayor Pro Tern Kring moved to approve Item No. 21 as presented, seconded by
Council Member Faessel.
DISCUSSION: Council Member Brandman expressed concern that the motion was not
continued.
SUBSIDIARY MOTION: Council Member Brandman moved to table the item until staff returned
with additional information, seconded by Mayor Pro Tem Kring. ROLL CALL VOTE: AYES — 7:
(Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil).
NOES — 0. Motion carried; item tabled.
At 8:48 P.M., following the remaining agenda items, Item No. 21 was brought back for
discussion.
DISCUSSION: Deputy City Manager David Belmer advised that 11 cities have joined the Orange
County Housing Finance Trust including San Juan Capistrano, Tustin, Fullerton, Orange, Buena
Park, Costa Mesa, Newport Beach, Fountain Valley, Laguna Nigel, Mission Viejo, and Garden
Grove.
Council Member Brandman stated he supported the item because Supervisor Doug Chaffee had
asked for the City of Anaheim's support.
City Council Minutes of May 7, 2019
Page 12 of 16
Council Member Moreno was concerned about the ACC-OC and encouraged the public to
review the membership on their website. He also noted that affiliate member organizations
included the Angels and Charter Communications, which have contributed regular to City Council
campaigns and advised he would be abstaining on the item.
In response to Council Member Faessel's inquiry, Mr. Belmer advised that City Council would
later vote to appoint a representative to the Trust if the City joined.
MOTION: Mayor Harry Sidhu moved to approve RESOLUTION NO. 2019-041 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM relating to the joint
exercise of powers for, and membership in, the Orange County Housing Finance Trust (Orange
County Housing Finance Trust Joint Exercise of Powers Agreement to facilitate efforts to acquire
funds to address homelessness and affordable housing); and receive and file the draft bylaws,
which are subject to formal adoption by the Orange County Housing Trust's Board of Directors
following its creation through the execution of the Orange County Housing Finance Trust Joint
Powers Agreement by the County of Orange and participating cities, seconded by Mayor Pro
Tem Kring. ROLL CALL VOTE: AYES — 6: (Mayor Sidhu and Council Members Kring, Barnes,
Brandman, Faessel, and O'Neil). NOES — 0. ABSTAIN — 1 (Council Member Moreno). Motion
carried.
M142 27. ORDINANCE NO. 6463 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF
THE CITY OF ANAHEIM establishing the campaign contribution limit for the election
cycle commencing January 1, 2019, pursuant to Anaheim Municipal Code Section
1.09.050 (campaign contribution limit increasing from $2,000 to $2,100).
City Attorney Robert Fabela advised that Section 1.09.050 of Chapter 1.09 of Title 1 of the
Anaheim Municipal Code provides that no person shall make, and no candidate or candidate
controlled committee shall accept, any contributions for a city election which would cause the
total amount contributed by such person to such candidate or controlled committee to exceed the
contribution limit amount as established pursuant to such section. The contribution limit for the
election cycle ending December 31, 2018 was $2,000.
Mr. Fabela advised the last adjustment to the campaign contribution limit was following the
election cycle ending December 31, 2016, which set the contribution limit at $2,000. He noted
the cumulative increase in the Consumer Price Index (CPI) for all urban consumers for the Los
Angeles-Riverside-Orange County Urban Areas since December 31, 2016, was 7%. A 7%
increase in the previous campaign contribution limit equaled $2,140 and, when rounding to the
nearest $100 as required by Section 1.09.050, the maximum campaign contribution limit for the
election cycle commencing January 1, 2019 should be $2,100.
DISCUSSION: In response to Council Member Moreno's inquiry, Mr. Fabela advised this
increase was required by the Municipal Code. In response to Council Member Moreno's
questions, City Clerk Theresa Bass advised there were no limits for Political Action Committees
(PAC) supporting candidates and the City's code does not set limits on what a council member
can vote on based on contributions received. She advised that City Council can elect to enact
campaign ordinances more restrictive than the Political Reform Act.
MOTION: Council Member Moreno moved to introduce ORDINANCE NO. 6463 AN
UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM establishing the campaign contribution
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limit for the election cycle commencing January 1, 2019, pursuant to Anaheim Municipal Code
Section 1.09.050 (campaign contribution limit increasing from $2,000 to $2,100), seconded by
Mayor Pro Tem Kring. ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members Kring,
Barnes, Brandman, Moreno, Faessel, and O'Neil). NOES — 0. Motion carried; ordinance
introduced.
PUBLIC HEARINGS:
F130.2 28. This is a public hearing to consider an ordinance amending Ordinance No. 5911 for the
Anaheim Transportation Network non-exclusive franchise which provides resort
transportation shuttle service.
ORDINANCE NO. 6464 (INTRODUCTION) AN (UN-CODIFIED) ORDINANCE OF
THE CITY OF ANAHEIM amending Ordinance No. 5911 granting a non-exclusive
franchise to Anaheim Transportation Network to provide resort transportation shuttle
service within The Anaheim Resort and other areas within the City of Anaheim and
stating the terms and conditions upon which said franchise is amended and finding and
determining that said ordinance is statutorily exempt from the California Environmental
Quality Act pursuant to Section 21080(b)(10) of the California Public Resources Code.
Public Works Director Rudy Emami advised this item was to grant a non-exclusive franchise to
the Anaheim Transportation Network (ATN) to provide transportation shuttle services within The
Anaheim Resort and other areas within the City of Anaheim. In April 2004, the City Council
granted a non-exclusive franchise to ATN for a seven-year period. In July 2011, City Council
extended the term by seven years through May 27, 2018, and the franchise was subsequently
extended for one year through May 27, 2019. Lastly, Mr. Emami advised that through this
amendment, City Council also allowed vehicle trips to extend outside the city as long as 98% of
vehicle trips were within the city. Mr. Emami advised ATN, through the provision of the Anaheim
Resort Transportation (ART) system, currently operated 23 routes 365 days per year, serving
over 9.5 million annual passengers. He advised that earlier in the year, a new electric micro-
transit FRAN (Free Rides Around the Neighborhood) service began within CtrCity Anaheim.
Mr. Emami reported ATN submitted an application on March 4, 2019 requesting an amendment
to the franchise requirements. The proposed amendment would extend the term of the franchise
to 2026; reflect current ATN operations, reflect the transition of ART fleet to zero-emission
vehicles and electrification of the fleet operations; describe steps ATN was taking to implement
next-generation mobility options; provide for a potential expansion of the FRAN service area; and
reflect the importance of the ATN system in meeting the City's transportation needs.
Mr. Emami advised at the April 16, 2019 City Council meeting, the City Council adopted a
resolution approving the amended application submitted by ATN and determining it was in strict
compliance with the Charter of the City of Anaheim and all applicable laws and set a public
hearing for tonight. Mr. Emami explained the purpose of this public hearing was for the City
Council to hear testimony and consider evidence presented from interested parties and to
consider any and all objections to the proposed amendment to the non-exclusive franchise to
ATN. He advised that staff recommended approval of the franchise amendment as it would
allow for continued transportation service to important destinations within the city, helping the city
achieve goals of reducing congestion by providing consistent and reliable quality transit options
for residents, guests, and workers in the city. It also provided for enhanced passenger
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Page 14 of 16
experience, addressing the expectations of changing transportation markets including providing
for next-generation mobility technologies and mobility solutions.
At 8:20 P.M., Mayor Sidhu opened the public hearing.
William Fitzgerald, Home Owners Maintaining Our Environment, expressed concerns regarding
public speaking time limits and the process for public hearings. He also expressed concern for
political campaign contributions. He expressed his opposition to the ordinance approving the
ATN non-exclusive franchise which provides resort transportation shuttle service.
Cecil Jordan Corkern requested monitors on the buses to address problems.
Mayor Sidhu closed the public hearing.
DISCUSSION: In response to Council Member Moreno's inquiry, City Attorney Robert Fabela
advised that because this was a legislative item, public comments were limited to five minutes.
Diane Kotler, Executive Director, Anaheim Transportation Network, reported that ATN's purpose
was to provide public transportation services to residents, businesses, and the community as a
whole. She advised ATN started as a small provider and has now grown extensively and she felt
that this would help support new transportation initiatives to Anaheim.
In response to Council Member Moreno's inquiry, Ms. Kotler advised the routes were designed to
serve the core of the Resort Area, but those areas were expanding to places such as CtrCity.
She also advised City employees can use the service free of charge.
Ms. Kotler advised that ATN routes were much smaller than Orange County Transportation
Authority (OCTA) routes and there were routes that intersect, but they serve a different
demographic, in response to Council Member Moreno's inquiry,
Ms. Kotler further advised the only ATID funding the ATN received was for their Capital Program.
In response to Council Member Barnes, Ms. Kotler advised the entire ATN fleet was designed to
be Americans with Disabilities Act of 1990 (ADA) compliant and all drivers go through empathy
training to assist those customers. Council Member Barnes advocated for the senior community
who were interested in using the service.
MOTION: Mayor Pro Tem Kring moved to introduce ORDINANCE NO. 6464 AN (UN-
CODIFIED) ORDINANCE OF THE CITY OF ANAHEIM amending Ordinance No. 5911 granting
a non-exclusive franchise to Anaheim Transportation Network to provide resort transportation
shuttle service within The Anaheim Resort and other areas within the City of Anaheim and
stating the terms and conditions upon which said franchise is amended and finding and
determining that said ordinance is statutorily exempt from the California Environmental Quality
Act pursuant to Section 21080(b)(10) of the California Public Resources Code, seconded by
Council Member Faessel. ROLL CALL VOTE: AYES — 7: (Mayor Sidhu and Council Members
Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil). NOES — 0. Motion carried; ordinance
introduced.
At 8:48 P.M., Item No. 21 was brought back for discussion (refer to page 10).
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REPORT ON CLOSED SESSION ACTIVITES:
City Attorney Robert Fabela announced Closed Session Item No. 3 was deferred and not
considered.
PUBLIC COMMENTS (non-agenda items): None
COUNCIL COMMUNICATION:
Council Member Moreno reported his attendance at a Puente High school senior banquet at
Anaheim High School; thanked Community Services staff for hosting a Downtown Park
community meeting; thanked Finance staff and department heads for the Districts 3 and 4
budget meeting; reported on an event to support Palapas Tacos; thanked all involved in the
clean-up and resource fair event in the Rose/Bush/Vine neighborhood; congratulated the
Anaheim Union High School District on the groundbreaking to modernize Dale Junior High
School; congratulated all for the 49th Annual Cinco de Mayo event; and reported he hosted
students from Sycamore Junior High and GOALS Academy at Cal State Long Beach. He wished
all a happy Ramadan and displayed a children's book he received regarding life in the Middle
East. He requested the City of Kindness logo be installed at the entry points to the City. He
noted he emailed Mayor Sidhu to express interest in serving on the ad hoc committee to oversee
the community assessment and also suggested Council Member Barnes to serve in that
capacity. He presented a slide with budget requests for District 3 for Council's consideration and
noted it would be provided to staff and Council for future review. He requested two agenda
items, as follows: 1) review campaign finance reform and look at ordinances in other cities,
including potential recusals from items involving campaign donors; and 2) an emergency
moratorium on apartment rents by the June 18th meeting; both requests concurred by Council
Members Barnes and Brandman.
Council Member Brandman reported his attendance at the Cinco de Mayo festival and breakfast
and the Dreamers and Doers acknowledgement of Vincent Tran at Magnolia High School. He
acknowledged the installation of electric vehicle charging stations at the Brookhurst Community
Center. He commended the Anaheim Elementary School District on their success and initiatives
and acknowledged Council Member Moreno's contributions when serving as a school board
member.
Council Member Faessel reported his attendance at the Anaheim Family YMCA's Good Friday
event, the Districts 5 and 6 budget meeting at the East Anaheim Community Center, the wildfire
preparedness event at Fire Station No. 10, and an open house for Patriots and Paws. He
thanked the Fire & Rescue Department for providing Fire Operations 101 training to the Council.
He announced his participation in the Orange County Advanced Manufacturing Partnership with
Reborn Cabinets, a business flashlight walk on State College Blvd. with the Police Department
and City Manager Zapata, and the charity BBQ for Anaheim Police Traffic Officer Giovanna
Martinez. He missed the Cinco de Mayo festival as he was hosting a Metropolitan Water District
trip to the Colorado River with the City of Pasadena. He requested recognitions for the Anaheim
Elementary School District's June 21st make Music Program and Girls, Inc., both concurred by
Council Members Brandman and Moreno.
Mayor Pro Tem Kring reported her attendance at the YMCA Good Friday breakfast and a family
day at the Ponderosa Family Resource Center, highlighting free Zumba and nutrition classes.
She also reported her attendance at the STC GardenWalk press conference last Tuesday, noting
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Page 16 of 16
new tenants and plans for the GardenWalk by its new owners. She announced the 24th Annual
Taste of Anaheim on May 16th, her attendance at the Orange County Human Relations annual
award ceremony, and shared her experiences at the Fire Ops 101 training. She wished all
mothers a Happy Mother's Day.
Council Member O'Neil reported electrical vehicle charges would be installed at the Festival
Center, shared his experiences at the Fire Ops 101 training, and reported the City paid for his
lodging while attending the Southern California Association of Governments (SCAG) general
assembly meeting. He thanked his colleagues for supporting the ATN franchise agreement
during the public hearing and recognized the ATN board of directors and Resort stakeholders.
Council Member Barnes stated her pride in the U.S. News and World Report ranking of Oxford
Academy as #1 in Orange County, #2 in California, and #19 in the nation. She acknowledged
Maxwell Elementary visual arts teacher Melissa Brennan as one of six 2020 Orange County
Teachers of the Year. She requested a proclamation of May as Older Americans Month,
concurred by Council Members Brandman and Moreno, noting her involvement with the Orange
County Leadership Forum on Aging to move things forward for seniors with a strategic plan over
the next 18 months. She further discussed the senior health fair held at the Downtown Anaheim
Community Center. She addressed rents and homelessness, reported on a symposium hosted
by Assemblywoman Sharon Quirk-Silva, and requested a taskforce dedicated to senior citizens
in Anaheim, including housing and transportation, concurred by Council Member Moreno;
request failed. Mayor Sidhu recommended to Council Member Barnes that she work with staff
on her concerns.
Mayor Sidhu thanked his colleagues for attending the Fire Operations 101, Cinco de Mayo, EV
GO charging station installation, and the STC Garden walk press conference, and noted he was
also at most of the events. He looked forward to the implementation of his initiative to invest at
least $250 million in neighborhoods over the next 10 years, the partnership with the residents in
the non-profit Anaheim First, and the direct benefits of economic growth across the city. He
asked Council Members Brandman and Faessel to serve on the ad-hoc committee with him to
guide the future improvements. He wished all Happy Mother's Day.
ADJOURNMENT:
At 9:36 P.M., with no objection, Mayor Sidhu adjourned the May 7, 2019 meeting.
Respectfully submitted,
Theresa ass, CMC
City Clerk