11/05/2019 ANAHEIM CITY COUNCIL
REGULAR AND REGULAR ADJOURNED MEETING
OF NOVEMBER 5, 2019
The regular meeting of November 5, 2019 was called to order at 3:00 P.M. and adjourned for
lack of a quorum. The regular adjourned meeting of November 5, 2019 was called to order at
3:30 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 October 31, 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
ADDITIONSIDELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
Heather Fuller, Public Works Department, supported the unions and co-workers who were
having MOUs discussed during Closed Session and hoped all employees would be treated fairly.
On behalf of Confidential employees, she gave a history of previous recessions, a diminished
workforce, pay cuts, longer hours, and more work, with no real follow-up compensation or
equality. She stated such employees love the City of Anaheim, value its reputation for
excellence, and take pride in their work and were looking for parity with other co-workers.
Karen Manning, Planning & Building Department, discussed the difficulties of being a part-time
employee expected to perform full-time work. She stated the working situation has been unfair
and asked Council to support AFSCME and be fair to all employees.
Moses Johnson, Assistant City Attorney, provided a history of previous fully-funded range
adjustments for management employees in 2006 through 2009, which was the last adjustment,
despite inflation of roughly 20& over the last 10 years. He stated management employees took
a voluntary 5% pay cut for 18 months during the 2009 recession, then had no merit increases for
several years, and when it was reinstated at 3% it was then arbitrarily cut to 2% by a previous
City Manager with no notice. He stated this is why management was seeing a fair contract to
make up for the last 10 years and asked Council for their consideration.
CLOSED SESSION: At 3:34 P.M., Mayor Sidhu recessed to closed session for consideration of
the following:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: David Torres v. City of Anaheim, et al., Orange County Superior Court
Case No. 30-2019 01065066
City Council Minutes of November 5, 2019
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2. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representatives: Linda Andal, Human Resources Director and
Angel Ho, Employee Relations Manager
Name of Employee Organization: Anaheim Police Association
3. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Section 54957.6 of the California Government Code)
Agency Designated Representatives: Linda Andal, Human Resources Director and
Angel Ho, Employee Relations Manager
Name of Employee Organization: International Brotherhood of Electrical Workers —
Professional Management Unit
At 5:00 P.M., Mayor Sidhu reconvened the Anaheim City Council.
INVOCATION: Minister Dale Moreland, Ball Road Church of Christ
FLAG SALUTE: Council Member Trevor O'Neil
Presentations: Recognizing Olivia Hickman for aiding in the arrest of burglary suspects
Police Chief Jorge Cisneros presented a proclamation to Olivia Hickman for her assistance
during a robbery event in summer 2019.
Recognizing Chrysalis' one year anniversary in Anaheim
Mark Loranger, President and CEO of Chrysalis, accepted the proclamation on behalf of
Chrysalis and provided some success stories of clients.
Recognizing the 2019-20 Miss Anaheim Beautiful incoming Court
Debbie Herman, Miss Anaheim Beautiful Director, introduced the Miss Anaheim Beautiful 2019-
2020, Priscilla Oropeza, who introduced the rest of the court.
Victoria Santana -Anaheim Beautiful Teen Ambassador 2019-2020
Guadalupe Alvarado -Anaheim Beautiful Teen Ambassador 2019-2020
Miranda Alvarez -Anaheim Beautiful Junior Ambassador 2019-2020
Acceptance of Other Recognitions (To be presented at a later date):
Recognizing Orange County Historical Society's 100th Anniversary
•
Helen Myers, Orange County Historical Society, accepted the proclamation on behalf of the
organization.
At 5:17 P.M. Mayor Sidhu called to order the Anaheim Housing Authority (in joint session with
the City Council).
City Council Minutes of November 5, 2019
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ADDITIONS/DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS: Prior to receipt of public comments, an outline of new rules for
public comments and a brief decorum statement was provided by City Clerk Theresa Bass.
Duane Roberts expressed his concerns regarding Item No. 20 and encouraged City Council to
review the item. He also expressed concerns regarding Council Member Brandman's allegedly
providing false information regarding providing concert tickets to lobbyists.
Council Member Brandman refuted the allegations.
Jerry Amante, Executive Director, Orange County Hotel & Lodging Association, expressed his
concern regarding Item No. 18 and encouraged City Council to oppose the item, also addressing
transparency and campaign contribution reform.
Cheryl Moi expressed her support for Item No. 18 and encouraged City Council to pass the item
and hoped stricter rules would improve processes. She thanked Council Members Barnes and
Moreno for their assistance.
Mike Robbins encouraged City Council to find more money for homeless shelters in Anaheim
and suggested the City turn to Disney and Angels Baseball for funds.
Pat Davis reported that Hunger and Homelessness Awareness Week is November 16 —24. She
encouraged City Council to live on a homeless budget and stated her opposition to Item No. 20.
Dave Duran addressed Item No. 19 and encouraged City Council to pass the item. He also
encourages a recall vote for Mayor Sidhu and questioned if Council .was truly representing
constituents.
Jeanine Robbins expressed concern regarding Mayor Sidhu's actions on the City Council. She
encouraged City Council to consider an oversight board at the local homeless shelters to
investigate residents' concerns. She expressed concern with a recent death at Mercy House
and encouraged Council to investigate.
R. Joshua Collins, Homeless Advocates for Christ, expressed his concern regarding area
homeless shelters. He encouraged City Council to work for the residents of Anaheim.
William Fitzgerald, Home Owners Maintaining Our Environment, expressed his concern
regarding Mayor Sidhu imposing limitations on free speech. He expressed concern regarding
negotiations with Angels Baseball and felt the City was not negotiating in the best interest of its
residents and a recall of Mayor Sidhu is warranted.
Tamara Jimenez, Anaheim Lighthouse, spoke about the work the organization does for the
homeless residents and thanked city departments and staff for their assistance. She also
expressed support for rent stabilization.
Kenneth Batiste expressed concern that City Council does not support its senior residents and
shared he was interested in running for City Council.
City Council Minutes of November 5, 2019
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Bobby Donelson expressed his opposition to Item Nos. 16 and 20, encouraged City Council to
oppose the items, and offered his support for a recall of Mayor Sidhu.
Wes Jones expressed his support for Item No. 18 and his opposition to Item No. 20. He alleged
corruption regarding money for Honda Center and disagreed with the Rancho La Paz decision by
Council.
Ken Warfield expressed his support for Item No. 18 and encouraged City Council to pass the
item.
Francis Halaka expressed concern regarding City Council actions regarding rent control, how the
homeless are handled, and encouraged reform on the City Council. He thanked Council
Members Barnes, Brandman, and Moreno for their support of Rancho La Paz, felt CityNet was
not being held accountable, and stated rehabilitation centers were needed.
Cecil Jordan Corkern, Outreach Homeless Ministries, expressed his concern regarding security
at Disneyland.
Ryan Ruelas expressed his opposition to Item No. 20 and encouraged City Council to oppose
the item. He addressed Council actions at the previous meeting and encouraged Council to
listen to residents.
Mark Richard Daniels expressed concern regarding City Council and does not feel it is acting in
the best interest of its residents. He stated his opposition to Council's decision at the last meeting
regarding Ranch La Paz and expressed support for Council Member Barnes and Moreno.
Nick Yagar, Commissioner, Senior Citizen Commission, expressed support for City Council's
work for its seniors.
Alfredo Heredia expressed his concern regarding City Council's unwillingness to assist the
residents of Rancho La Paz Mobile Home Park and addressed rent control, price gouging, and a
lack of representation.
Rhonda Moynihan expressed her thanks to the Anaheim Police Department for shutting down an
illegal marijuana dispensary and thanked them for their support in the community. She
encouraged the City Council to support its senior residents.
Pam Donelson expressed concern regarding corruption on the City Council and encouraged City
Council to support its senior residents. She also expressed her opposition to Item No. 20 and
encouraged City Council to oppose the item.
Suzanne Mora encouraged City Council to investigate the opening of a wellness center for the
homeless residents and asked them to look into a similar facility in San Diego. She believed
vouchers and related funding could be used to purchase property for a mental health facility,
rehabilitation center, or wellness center.
City Council Minutes of November 5, 2019
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CITY MANAGER'S UPDATE:
City Manager Chris Zapata reported Angels Baseball requested a meeting with the City's
negotiating team and the meeting is scheduled for Friday, November 15, 2019.
At 6:28 P.M., Mayor Sidhu recessed the City Council to consider the Anaheim Housing Authority
agenda and reconvened at 6:51 P.M.
CONSENT CALENDAR:
At 6:51 P.M., the consent calendar was considered with Council Member Barnes pulling Item
Nos. 10, 12, and 17 for separate discussion and consideration.
MOTION: Council Member O'Neil moved to waive reading of all ordinances and resolutions and
to adopt the balance of the consent calendar as presented, in accordance with reports,
certifications, and recommendations furnished each City Council Member and as listed on the
consent calendar, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7 (Mayor
Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil); NOES —
0. Motion carried.
B105 4. Receive and file minutes of the Public Utilities Board meeting of September 25, 2019.
D180 5. Accept the bid from Pricon, Inc., in the amount of$64,939 plus a 20% contingency, to
provide Red Hat Linux Enterprise software licenses & support renewal for a one year
period with up to four one-year optional renewals and authorize the Purchasing Agent to
exercise annual support renewals subject to available budget appropriations each fiscal
year in accordance with Bid #9357.
D180 6. Accept the bids of OneSource Distributors and Anixter, Inc., in the respective amounts of
$478,552.69 and $151,169.95, plus applicable tax, for the purchase of electrical materials
to replenish utility warehouse inventory and authorize the Purchasing Agent to issue
purchase orders all in accordance with Bid #9342.
D180 7. Accept the bid from All American Asphalt, in the amount of$66,838 plus applicable tax
and a 20% contingency, to provide SC 800 asphalt cold mix on an as-needed basis for
Anaheim Public Utilities for a one year period with four optional one-year renewals and
authorize the Purchasing Agent to execute the renewal options in accordance with Bid
#9349.
D180 8. Accept the bid from Van De Pol Enterprises, in the amount of $56,981.55 plus applicable
tax and a 20% contingency, to provide automotive lubricants on an as-needed basis for
Fleet Services, for a one year period with four optional one-year renewals and authorize
the Purchasing Agent to execute the renewal options in accordance with Bid #9362.
D180 9. Accept the bid from Randy's Automotive & Transmission, in the amount of$100,750, to
perform automotive transmission repair services on an as-needed basis for Fleet
Services for a one year period with four optional one-year renewals and authorize the
Purchasing Agent to execute the renewal options in accordance with Bid #9346.10.
City Council Minutes of November 5, 2019
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AGR- 11. Approve the License Agreement with the Orange County Water District, for a one-time
fee payment of $1,148, to allow two storm drain inlet systems onto the Foster-
11746 Huckleberry Basin for the La Palma Avenue and Richfield Road Storm Drain Extension
and Storm Water Infiltration Project; authorize the Director of Public Works to execute the
agreement and any other related documents and take the necessary actions to
implement and administer the agreement; and authorize de minimis changes that do not
substantially change the terms and conditions of the agreement, so long as such changes
are determined to be de minimis by the City Attorney.
13. Approve an Agreement for Acquisition with Peter Cheng and Katy Cheng, Trustees of the
AGR- Cheng Family Trust, in the acquisition payment amount of$38,000, for the purchase of
11748 Real Property at 1538 East Lincoln Avenue for a Public Road and Utility Easement and a
Temporary Construction Easement for the Lincoln Avenue Widening from East Street to
Evergreen Street Improvement Project (R/W ACQ 2016-00789).
P124 14. RESOLUTION NO. 20.19-129 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 Deed Nos. 12321 and 12322; in conjunction with
the Lincoln Avenue Widening from East Street to Evergreen Street Improvement Project
and for future city rights-of-way).
P110 15. RESOLUTION NO. 2019-130 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and
easements (Abandonment No. ABA 2019-00397; portion of the public alley lying between
and adjacent to 327 and 407 South State College Boulevard; public hearing scheduled
for December 17, 2019).
M142 16. ORDINANCE NO. 6472 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM, CALIFORNIA, adding Chapter 6.35 to Title 6 of the
Anaheim Municipal Code to ban weapons in city buildings (Introduced at Council meeting
of October 29, 2019).
END OF CONSENT CALENDAR
D175 10. Authorize the City Manager, or designee, to use approximately $110,000 from the Public
Works Community Improvements Fund to refurbish the existing and replace the missing
pole-mounted parkway entry signs throughout the city with the original sign graphics.
Public Works Director Rudy Emami presented the staff report and advised the item is to
authorize the City Manager, or his designee, to use approximately $110,000 from the Public
Works Community Improvements Fund to refurbish the existing, and replace the missing, pole-
mounted parkway entry signs throughout the city with the original sign graphics. He provided a
brief history of the signs and reported that earlier this year, Council Member Moreno requested
that staff look into adding the "City of Kindness" slogan to city entry signage.
Mr. Emami reported that staff conducted a cursory field review which revealed that of the original
42 pole signs installed, only 32 remain. He noted that for unknown reasons, ten signs have been
removed and never replaced. Additionally, several of the remaining signs are in poor condition
with visible fading, graffiti that cannot be removed, and/or graphic damage.
City Council Minutes of November 5,2019
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In response to the request by.Council Member Moreno, Mr. Emami advised that staff considered
the potential of modifying the original design to incorporate the City of Kindness logo. However,
given the size of the sign panels and the historical context, staff is recommending the signs be
replaced in their original form and plans to solicit bids on this basis. He advised the project will
take six months to complete at an estimated cost of$110,000.
MOTION: Council Member Barnes moved to amend the sign to include "City of Kindness" phrase
in yellow font under"City of Anaheim," seconded by Council Member Moreno.
DISCUSSION: In response to Council Member Barnes' inquiry, Mr. Emami advised that the
original ask was to incorporate the "City of Kindness" seal in the signage.
Council Member Moreno clarified that his original ask was to add the "City of Kindness" seal to
entry signs into Anaheim. In response to Council Member Moreno's inquiry, Mr. Emami advised
the City had already looked into the project and felt this was an opportunity to use funding that
was earmarked for beautification.
In response to Council Member Moreno's inquiry, Mr. Emami advised that many options to
incorporate the "City of Kindness" seal were investigated, but due to the size of the sign, it was
not possible. He advised they did not look at a second sign below the shield to include "City of
Kindness" in the sign.
In response to Council Member Moreno's inquiry, Mr. Emami advised the "City of Kindness" is a
value and it does not necessarily need to be placed on a sign.
SUBSIDIARY MOTION: Mayor Pro Tern Kring moved to amend the motion on the floor to
approve the staff recommendation, seconded by Council Member O'Neil.
In response to Council Member Moreno's inquiry, City Manager Chris Zapata advised it was
staff's recommendation to maintain "Welcome to Anaheim" on the signs and commence with the
cleanup effort.
In response to Council Member Moreno's inquiry, Mr. Emami advised he can speak to the
Community Services Director to inquire where the seal may be used. Council Member Moreno
advised that no signs exist that currently have the seal for"City of Kindness".
In response to Council Member Moreno's inquiry, Mayor Pro Tem Kring felt Council Member
Moreno's motion would die since "City of Kindness" was not being used officially as a moniker of
the City. Council Member Moreno reminded the dais that "City of Kindness" was voted in as an
official slogan.
In response to Council Member Moreno's inquiry, Mr. Zapata advised that officially selecting
slogans comes to the staff at the direction of City Council. He further elaborated that the request
was to replace the signs. He advised that staff was happy to look into adding the slogan "City of
Kindness" at the direction of the City Council.
In response to Council Member Moreno's inquiry, Mr. Emami advised the request was approved
by City Council. He advised that Council Member Moreno's request to look at opportunities for
slogan placement would have needed to come back to City Council for approval. He advised that
City Council Minutes of November 5, 2019
Page 8 of 18
this response was to advise City Council that staff could not find placement for the logo on these
signs.
Council Member Barnes clarified that she would like to see the words "City of Kindness" on the
signs and does not necessarily need a logo.
Council Member Brandman supported replacing the signs and felt Council Member Moreno's
request for use of the "City of Kindness" seal at City entrances still stands and would like to see a
response from staff.
City Attorney Robert Fabela clarified that the motion on the floor. is Mayor Pro Tem Kring's
subsidiary motion to amend the motion on the floor to approve the staff recommendation,
seconded by Council Member O'Neil. ROLL CALL VOTE: AYES —6 (Mayor Sidhu and Council
Members Kring, Barnes, Brandman, Faessel, and O'Neil); NOES — 1 (Council Member Moreno).
Motion carried; original motion amended.
DISCUSSION: Council Member O'Neill expressed his support for the item, as presented.
AMENDED MOTION: Council Member Barnes moved to authorize the City Manager, or
designee, to use approximately $110,000 from the Public Works Community Improvements Fund
to refurbish the existing and replace the missing pole-mounted parkway entry signs throughout
the city with the original sign graphics, seconded by Council Member Moreno. ROLL CALL
VOTE: AYES —7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno,
Faessel, and O'Neil); NOES — 0. Motion carried.
AGR- 12. Approve the Engineering Service Agreement with JMDiaz, Inc. for the design of the
11747 Advanced Dilemma Zones and Left Turn Phasing Traffic Signal Improvements Project to
enhance traffic safety in the city, in the amount of$227,611.65 and authorize the Director
of Public Works to approve additional expenditures for work not included in the scope of
services in the amount of$22,761.17 with a total agreement amount not to exceed
$250,372.82.
DISCUSSION: Council Member Barnes requested that the intersection of Western and Ball be
considered for this project.
MOTION: Council Member O'Neill moved to approve the Engineering Service Agreement with
JMDiaz, Inc. for the design of the Advanced Dilemma Zones and Left Turn Phasing Traffic Signal
Improvements Project to enhance traffic safety in the city, in the amount of$227,611.65 and
authorize the Director of Public Works to approve additional expenditures for work not included in
the scope of services in the amount of$22,761.17 with a total agreement amount not to exceed
$250,372.82, seconded by Council Member Barnes. 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 November 5, 2019
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D114 17. Approve minutes of the Council meeting of March 5, 2019.
DISCUSSION: Council Member Barnes requested a follow up from the City Attorney's Office
regarding a $10,000 transaction to Rutan & Tucker Legal Services as requested in the minutes
of the March 5, 2019 meeting. City Attorney Robert Fabela advised he will follow up on the
request.
Council Member Barnes requested a follow up from the City Manager's Office regarding
reimbursement for placing many homeless residents at the Baymont Hotel as requested in the
minutes of the March 5, 2019 meeting.
Council Member Moreno requested a follow up from the City Manager's Office regarding
engaging Union Pacific for potential reimbursement for policing work.
MOTION: Council Member Barnes moved to approve minutes of the Council meeting of March 5,
2019, 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.
M142 18. ORDINANCE NO. (INTRODUCTION)AN ORDINANCE OF THE CITY
E127 OF ANAHEIM adding new sections, deleting sections and amending various sections of
D112 Chapter 1.09 of Title 1 of the Anaheim Municipal Code relating to campaign and ethics
D113 reform (key provisions of which would establish recusal rules for elected members of the
City Council when they receive campaign contributions from parties who have matters
before the Council, and that place time limits on campaign fundraising and debt
retirement) (Continued from Council meeting of October 29, 2019).
MOTION: Mayor Sidhu moved to table Item No. 18, seconded by Council Member O'Neil.
POINT OF ORDER: Council Member Moreno called for a point of order and asked the Mayor to
allow debate. Mayor Sidhu overruled the point of order.
In response to Council Member Moreno's point of clarification, City Attorney Robert Fabela
clarified the procedure for appealing the ruling of the chair is either a motion to suspend the
rules, which requires a 2/3 vote, or make a point of order which requires a ruling by Mayor Sidhu.
In response to Council Member Moreno's point of clarification, Mr. Fabela clarified that he
believed that at the last City Council meeting there was a motion to suspend the rules which
failed and a point of order was made requiring a ruling by Mayor Sidhu and the ruling was
appealable.
POINT OF ORDER: Council Member Moreno called for a point of order and asked the Mayor to
allow debate. Mayor Sidhu overruled the point of order.
SUBSIDIARY MOTION: Council Member Moreno moved to appeal the ruling of the chair,
seconded by Council Member Barnes.
City Council Minutes of November 5, 2019
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POINT OF ORDER: Council Member Brandman called for a point of order and stated that he
completely disagreed with the decision made last week about explaining votes as well as with
tabling items in general, and encouraged all to learn and follow the rules.
DISCUSSION: Council Member Moreno expressed his concern that the item was being tabled
because Mayor Sidhu has deemed that there were already ordinances in place that make this
unnecessary. He felt it was important for City Council to review the ordinance and deliberate the
item. He urged the dais to vote for the appeal to allow the debate.
City Clerk Theresa Bass clarified the current vote was for the subsidiary motion to appeal the
ruling of the chair, seconded by Council Member Barnes.
Council Member Brandman stated for the record that the item to be voted on was completely out
of order for City Council procedures.
SUBSIDIARY MOTION: Council Member Moreno moved to appeal the ruling of the chair
seconded by Council Member Barnes. 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.
MOTION: Mayor Sidhu moved to table Item No. 18, seconded by Council Member O'Neil.
POINT OF ORDER: Council Member Moreno called for a point of order. Mayor Sidhu overruled
the point of order.
SUBSIDIARY MOTION: Council Member Moreno moved to appeal the ruling of the chair to not
hear the substance of a point of order and not to allow explanations of votes, seconded by
Council Member Barnes.
DISCUSSION: In response to Mr. Fabela's inquiry, Council Member Moreno clarified he called
for a point of order to allow members to explain their votes, which Mayor Sidhu overruled. Mayor
Sidhu stated that he clarified the procedures with the City Attorney's Office and he would not
allow any debate on the item.
In response to Council Member Moreno's inquiry, Mr. Fabela advised that Mayor Sidhu has
latitude to control the debate of the City Council and there are provisions that he also has the
authority to prevent the misuse of legitimate form of motion or the abuse of privilege for reviewing
certain motions by ruling such motions out of order. He also noted Council Member Moreno has
the ability to call for a point of order, which Mayor Sidhu can overrule, and at that time Council
Member Moreno would have the opportunity to appeal.
Mayor Sidhu noted he would not entertain the point of order and would not allow debate.
SUBSIDIARY MOTION: Council Member Moreno moved to appeal the ruling of the chair,
seconded by Council Member Brandman.
DISCUSSION: Council Member Brandman addressed the discussion of the rules and that a
motion to table is a superior motion. He stated the information provided and actions taken at the
last meeting were incorrect.
City Council Minutes of November 5, 2019
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In response to Council Member Moreno's point of clarification, Mr. Fabela clarified the motion to
table was not debatable. He felt the confusion is whether or not a vote can be explained on a
motion to lay on the table and, in retrospect, he felt the explanation should not be allowed but
was at the discretion of the chair.
POINT OF ORDER: Council Member Moreno requested to explain votes on the motion to table.
SUBSIDIARY MOTION: Council Member Moreno moved to appeal the ruling of the chair.
Motion failed for lack of a second.
MOTION: Mayor Sidhu moved to table No. 18, seconded by Council Member O'Neil. ROLL
CALL VOTE: AYES —4 (Mayor Sidhu and Council Members Kring, Faessel, and O'Neil); NOES
— Council Members Barnes, Brandman, and Moreno). Motion carried; item tabled.
D116 19. Receive update on homeless efforts in Anaheim and throughout Orange County and
provide direction to staff and/or take action on related homeless matters, including short
and long-term solutions to address homelessness.
Community Preservation & Licensing Manager Sandra Sagert presented the staff report. She
reported that at the meeting on October 29, 2019, Council Member Brandman requested an
agenda item for November 5, 2019 providing an update on homeless efforts in Anaheim and
efforts in surrounding cities and cities in south Orange County.
Ms. Sagert provided a brief update on the Salvation Army and La Mesa Shelters, sharing staff
has not received any complaints from clients and only a few issues of concern have been noted
from surrounding businesses. She advised that staff is continuing to work proactively and
successfully with surrounding businesses and property owners to address any issues when they
arise. She advised the BNSF and Union Pacific Railroad properties continue to be areas of focus
where the staff is achieving success.
Ms. Sagert provided a brief update on Bridges at Kraemer and noted that at recent meetings Ms.
Callie Rutter has addressed the Anaheim City Council to share concerns about the quantity and
quality of food at Bridges. She reported that the City Manager and staff met recently with Ms.
Rutter to discuss her concerns. City staff has forwarded Ms. Rutter's concerns to the County
and Mercy House who have provided assurances that the nutritional needs of clients are a top
priority.
Ms. Sagert provided a brief update on the efforts to complete new facilities that are advancing in
certain cities within the North and South Service Planning Area (SPA). Lastly, she provided a
brief update on the Pathway to Healing and Pathway Home initiatives.
Ms. Sagert noted that staff continues to aggressively pursue available funding for capital projects
for homeless prevention and reduction, as well as permanent supportive housing. She advised
that staff is formulating options for how the City/Housing Authority can best assist with project
funding which may include a recommendation for Section 8 Project-Based Vouchers and a
potential capital contribution from the housing fund to assist with the cost of development which
will be presented to the City Council and Housing Authority Board in the coming weeks.
City Council Minutes of November 5, 2019
Page 12 of 18
DISCUSSION: Council Member Brandman thanked staff for the detailed staff and for their efforts
surrounding homelessness.
In response to Council Member Brandman's inquiry, Human Resources Director Linda Andal
advised she was not aware of any emergency shelters being built in south Orange County or at
the Orange County Fairgrounds.
In response to Council Member Brandman's inquiry, Ms. Sagert advised that Anaheim was
leading the way on the homeless issue since the opening of Bridges at Kraemer.
In response to Council Member Brandman's inquiry, Ms. Sagert advised that anywhere from five
to fifteen homeless can be found at John Marshall Park on any given day. She noted that some
residents check out of the shelters and some are refusing to enter the shelter so they end up in
the park. Council Member Brandman felt the influx of homeless was due to there not being
enough shelters in the south and stated that Anaheim needs more beds.
MOTION: Council Member Brandman moved to direct staff to look into creating a public/private
partnership to build a minimum 100-bed shelter in District 2 in the next 10 days and the formation
of an ad-hoc committee consisting of himself, Mayor Sidhu, and Council Member Barnes.
DISCUSSION: Mayor Sidhu supported the item but would like to see an ad-hoc committee
comprised of Council Members Brandman and Faessel.
Council Member Brandman expressed his interest in having his original committee members
placed on the ad-hoc committee but noted that if having Mayor Sidhu's suggested committee
members moved this forward quickly, he was willing to concede.
Council Member Barnes expressed her support for Council Member Brandman's motion but
noted she would not be able to serve on the ad-hoc committee. She thanked staff for their
amazing work with the City's homeless issue. She expressed concern that CityNet does not
have a 24-hour service line and requested a memo from staff explaining why there is not a 24-
hour line.
Council Member Barnes requested that staff provide an overview that can be given to other cities
who are requesting information from Anaheim on their success in dealing with the homeless
issue.
Council Member Moreno noted that there was a lot of information regarding Anaheim's approach
to homeless available on the City's website. He felt the framework for addressing homeless
issues was instituted by the previous City Council and felt that Council Member Brandman did
not need a motion to begin an ad hoc committee to investigate this matter, as it is covered in the
Homeless Policy Working Group's framework.
Council Member Faessel thanked Council Member Brandman for bringing this matter to the
attention of City Council and agreed to serve on the ad hoc committee.
Mayor Sidhu committed to working on this project with the ad hoc committee. City Manager
Chris Zapata stated that the staff was ready to meet that time commitment.
City Council Minutes of November 5, 2019
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Council Member Brandman requested that a vote be made on his motion so the public
understands that City Council is behind this matter.
Council Member Moreno encouraged Council Member Brandman to withdraw his motion due to
Brown Act implications which may impact the timeline of the ad hoc committee. City Attorney
Robert Fabela advised that an ad hoc committee that is less than the quorum of the City Council
and has a limited timeline to return to City Council is not subject to the rules of the Brown Act.
City Clerk Theresa Bass clarified that a body that is voted on and created by the City Council
would be required to have postings, recordings, and public comments available on the City
website for the public.
MOTION: Council Member Brandman moved to direct staff to look into creating a public/private
partnership to build a minimum 100-bed shelter in District 2 in the next 10 days and request the
mayor consider creating an ad hoc committee under his authority in this regard, seconded by
Mayor Pro Tern Kring. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Kring,
Barnes, Brandman, Moreno, Faessel, and O'Neil). Motion carried.
D114 20. RESOLUTION NO. 2019-131 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. 2018-149.
DISCUSSION: Council Member O'Neil believed the item spoke for itself and was intended to
curtail any abuse of process by repeatedly agendizing items that have already been brought
before City Council.
MOTION: Council Member O'Neil moved to approve as presented, seconded by Mayor Sidhu.
DISCUSSION: Council Member Moreno did not see a need for the item and would like to see
evidence of items that have been re-agendized. He felt the rule that requires three members of
Council was sufficient enough to agendize City Council items.
Mayor Pro Tern Kring noted that Council Member Moreno has re-agendized many items related
to the Angels Stadium negotiations. She also noted that re-agendized items take many hours
away from staff and she supported this item.
In response to Council Member Faessel's inquiry, Mayor Sidhu advised that another Council
Member cannot agendize an item once the item has been heard.
Council Member Barnes reported that this item was discussed at a recently held public meeting
and read a brief statement regarding current practices of agendizing items by the Council
majority. She expressed concern regarding the efforts of silencing the minority members of City
Council.
SUBSIDIARY MOTION: Council Member Barnes moved to amend the motion to sustain the
current manner in which members of the City Council may place matters on the agenda with the
addition of the requesting Council Member be responsible for drafting the staff report and any
associated documents to review with the City Attorney and City Manager and add a new
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provision for a 50-signature resident petition to add items to an agenda, seconded by Council
Member Moreno.
POINT OF ORDER: Council Member O'Neil called for a point of order requested a ruling by the
chair of the allowability of the second provision of Council Member Barnes's motion. Mayor Sidhu
approved the point of order and ruled the second provision of the subsidiary motion out of order.
DISCUSSION: In response to Council Member O'Neil's inquiry, City Attorney Robert Fabela
clarified what was agendized and opined that if the point of clarification was related to the Brown
Act then Council Member Barnes' amendment was not necessarily outside of what was
agendized for discussion and, if the point of clarification was not related to the Brown Act, then
he would defer the ruling to Mayor Sidhu.
POINT OF ORDER: Council Member O'Neil called for a point of order requested a ruling by the
chair on the amendments by Council Member Barnes. Mayor Sidhu approved the point of order.
APPEAL: Council Member Moreno appealed the decision on the point of order, seconded by
Council Member Brandman.
Council Member O'Neil rescinded his point of order to allow for a vote on the subsidiary motion.
DISCUSSION: Mayor Pro Tern Kring noted that she understood that Council Member Barnes
would be bringing this item during Council Communications and addressed the various
majority/minority components of Council. She noted she has received comments from her
constituents that the City is running efficiently.
Council Member Brandman noted his concern with the amendment is that City Council would
now be doing a portion of the Administration section of the City Charter.
Council Member Barnes expressed her concern with efforts in silencing the City Council minority
and not being able to speak for residents.
Council Member Moreno expressed his opposition to the amendment and noted that staff works
for the entire City Council.
SUBSIDIARY MOTION: Council Member Barnes moved to amend the motion to sustain the
current manner in which members of the City Council may place matters on the agenda with the
addition of the requesting Council Member being responsible for drafting the staff report and any
associated documents to review with the City Attorney and City Manager, seconded by Council
Member Moreno. ROLL CALL VOTE: AYES -1 (Council Member Barnes); NOES — 6 (Mayor
Sidhu and Council Members Kring, Brandman, Moreno, Faessel, and O'Neil). Motion failed.
DISCUSSION: Council Member O'Neil expressed his concern about the perceived silencing of
the minority and noted there was nothing to preclude a motion to suspend the rules to allow an
agenda item from being heard again in the six month time frame.
Council Member Brandman felt that each councilmember should have the right to agendize items
and felt the rules in place were sufficient.
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Council Member Moreno addressed previous changes to agenda-setting procedures, including
former Council Member Kris Murray requesting the removal of the power of the Council majority
to veto agenda requests. He referenced the City Council meeting of February 28, 2017 and
noted that it was agreed that being able to agendize items was preferred. He advised he will
contact the American Civil Liberties Union (ACLU) if the item passes and limits his ability to
agendize.
Mayor Sidhu expressed his support for the item.
MOTION: Council Member O'Neil moved to approve RESOLUTION NO. 2019-131 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.
2018-149, seconded by Mayor Sidhu. ROLL CALL VOTE: AYES —4 (Mayor Sidhu and Council
Members Kring, Faessel, and O'Neil); NOES — 3 (Council Members Barnes, Brandman, and
Moreno). Motion carried.
PUBLIC HEARING:
8137.1 21. This is a public hearing with respect to the proposed issuance by the Anaheim Housing
Authority of its multifamily housing revenue bonds in an aggregate principal amount not to
exceed $30,000,000, in order to finance the acquisition, rehabilitation, and equipping of
the multifamily rental housing project located at 1515 S. Calle Del Mar (Hermosa Village
Apartments Phase II) (Continued from Council meeting of October 29, 2019).
RESOLUTION NO. 2019-132 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of 1986
approving the issuance of bonds by the Anaheim Housing Authority for the Hermosa
Village Apartments Phase II.
Director of Community & Economic Development John Woodhead presented the staff report and
noted the item is to adopt a Resolution pursuant to Section 147(f) of the Internal Revenue Code
of 1986 approving the issuance of bonds by the Anaheim Housing Authority for the Hermosa
Village Apartments Phase II.
Mr. Woodhead advised the proposed action fulfills federal tax law requirements under the Tax
Equity and Fiscal Responsibility Act (TEFRA). Notice of the public hearing was published in the
Anaheim Bulletin on October 17, 2019. To move the project forward and complete the California
Debt Limit Allocation Committee (CDLAC) application process, staff is requesting approval of the
Resolution per Section 147(f) of the Internal Revenue Code. The proposed bond issuance is not
to exceed an amount of$30,000,000. The bonds are to be repaid from project revenues;
accordingly there is no risk of default to the City or Housing Authority. The Authority will receive
1/8 of 1% of the bond amount at the time of issuance, and on an annual basis, to monitor the
affordable units.
Mayor Sidhu opened the public hearing.
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William Fitzgerald, Home Owners Maintaining Our Environment, expressed his concern that the
meeting does not follow the rules of the Brown Act. He expressed concerns that City Attorney
Fabela does not know the Brown Act. Additionally, he expressed concern that the City was
paying too much for the development.
Bobby Donelson expressed his concern regarding the actions of Mayor Sidhu in tabling items
without proper discussion. He also expressed concern that Mayor Sidhu is making decisions
based on the needs of his political backers.
Mayor Sidhu closed the public hearing.
DISCUSSION: In response to Council Member Moreno's inquiry, Mr. Woodhead clarified that
the City Council, acting as the governing board of the Housing Authority, needs to give notice to
the public of the intention to issuing bonds which was the resolution and public hearing that was
heard earlier. He noted the issuance of tax-exempt bonds needs to be approved by the City
Council.
Council Member Moreno expressed his support for the item and was pleased the project
included affordable housing. He referred to a development project that was heard by the
Planning Commission and noted Council Member O'Neil's urging of the Planning Commission to
oppose the item as its location would be in Anaheim Hills. He urged City Council to approve the
item.
MOTION: Mayor Pro Tern Kring moved to approve RESOLUTION NO. 2019-132 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 147(f)
of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing
Authority for the Hermosa Village Apartments Phase II, seconded by Council Member O'Neil.
ROLL CALL VOTE: AYES -7 (Mayor Sidhu and Council Members Kring, Barnes, Brandman,
Moreno, Faessel, and O'Neil). Motion carried.
REPORT ON CLOSED SESSION ACTIONS: None
PUBLIC COMMENTS (non-agenda items): None
COUNCIL COMMUNICATIONS/AGENDA REQUESTS:
Council Member Brandman announced a Jump & Jive story time on November 8 at 11:30 A.M.
and a cultural kitchen event on November 14 at 3:30 P.M., both at Euclid Library. He thanked his
colleagues for supporting his efforts regarding homelessness in District 2, thanked the Mayor for
forming an ad hoc committee, and thanked the staff for their work.
Council Member Faessel requested the meeting adjourn in memory of Ed Royce, Sr. He
highlighted an Orange County Register article about the Senior Safety Net program to support all
seniors in the city and requested it is linked to the City's website. He reported his attendance at
three Trunk or Treat events on October 31 at First Nazarene, St. Anthony's, and Ambassador
Church, the Dayle McIntosh Center benefit dinner on November 1, and the Beauty Beneath the
Rubble and Creative Identities events at the Muzeo on November 2-3. He highlighted the Harbor
Substation dedication earlier in the day.
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Council Member Moreno addressed his work on the proposed campaign finance reform
ordinance and thanked the City Clerk, the City Attorney, and his Council aides for their work on
the proposal. He provided details of the proposal regarding contributions, recusals, and
timeframes for opening committees and gave examples of recent campaign contributions to
Council Members and other entities. He asked the public to urge Council to re-agendize the
item.
Mayor Pro Tern Kring addressed the tabled campaign finance reform ordinance, entities that
were not included, possible effects on candidates, and historical background. She highlighted the
Harbor Substation dedication and ribbon-cutting, the participation of Ponderosa Elementary
School students, and requested certificates for each student and the principal who assisted with
the dedication, concurred by Council Members Brandman and O'Neil. As an Anaheim Family
YMCA board member, she reported she would "Take a Pie for the Y" as a fundraiser benefit, in
addition to Council Members Faessel and O'Neil. She announced the Anaheim Confidential
event at River Church on November 8th at 5:00 P.M. to benefit Cops 4 Kids, the Veterans Day
ceremony at the Veterans Memorial on November 11th at 11:00 A.M., and a District 4
Community Town Hall meeting at Ponderosa Family Resource Center on November 12th at 6:30
P.M. In response to public comments, she stated the Bridges at Kraemer shelter, while in
Anaheim, is run by the County and the Board of Supervisors is responsible. Regarding security
measures, she stated those were suggested by a safety committee and she announced a recent
groundbreaking event to build a facility in the City of Orange to assist those with mental issues
and addictions.
Council Member O'Neil addressed Item No. 18 pointing out the exclusion of union contributions
and that the ordinance did not mirror Yorba Linda, citing that Yorba Linda doesn't have
contribution limits. He further expressed that the item was not campaign reform but politically
charged.
Council Member Barnes announced the Meet on Beach event on November 17th and the WAND
Christmas Tree Lighting at Twila Reid Park on December 6. She addressed the one-year
anniversary of addressing homelessness in District 1 and thanked all those who helped in the
efforts. She also announced the senior community was working on a 4-year plan and she would
hold town hall meetings to get input.
Mayor Sidhu thanked Public Utilities General Manager Dukku Lee and his team for the Harbor
Substation dedication, recognized the city's veterans and announced the Veterans Day
ceremony on November 11th, and reported negotiations with the Angels would focus on an
agreement with benefits to the residents and neighborhoods and also work for the Angels and
the fans, including reasonable market price, ongoing revenue for the city, and benefits for the
community.
•
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ADJOURNMENT:
With no further business before the Council, Mayor Sidhu adjourned the November 5, 2019
meeting at 10:18 P.M. in memory of Ed Royce, Sr.
R_es•ec ull submitted,
_.,,)
resa B..ss, CMC
City Clerk