2013/10/22ANAHEIM CITY COUNCIL
SPECIAL MEETING OF OCTOBER 22, 2013
AND REGULAR MEETING OF OCTOBER 22, 2073
The special meeting of October 22, 2013 was called to order at 2:36 P.M. in the chambers of
Anaheim City Hall. The meeting notice, agenda, and related materials were duly posted on
October 18, 2013.
PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille
Kring and Kris Murray.
STAFF PRESENT: City Manager Marcie Edwards, City Attorney Michael Houston, and City
Clerk Linda Andal.
WORKSHOP — PLATINUM TRIANGLE PARKS IMPROVEMENTS
Terry Lowe, Director of Community Services, indicated his report would offer an overview of
how the department planned for the recreational needs of Anaheim residents and with council's
direction, would convert those years of planning into project development and improvements to
the park system, specifically, and adjacent to the Platinum Triangle. He stated new parks and
new amenities in existing parks were funded through park development fees from new
residential projects built in the City, per the Quimby Act. He added that Anaheim adopted its
own version of the Quimby Act in the Municipal Code which required, as a condition of approval
for a subdivision, the dedication of land, payment of a fee in lieu of dedication, or a combination
of both to address park and recreational purposes. These fees, he remarked, augmented the
department's aggressive pursuit of grant funding for new restrooms, upgraded playgrounds and
other amenities to existing parks. For the Platinum Triangle, he noted, those park development
fees were placed into two general categories; i.e., fees received from housing development
within the Triangle and fees received from development outside of the Platinum Triangle with
those fees divided into three zones: West, Central and East. He pointed out the Quimby Act
specified that park fees received must be spent on improvements in the area in which the fees
were received. In addition, the amount and location of land to be dedicated or fees to be paid
required a reasonable relationship to the use of the park and recreational facilities by future
residents of the subdivision that generated those fees. Also, he pointed out, Quimby Act funds
could not be used for staffing, operations, maintenance, or to purchase materials and supplies
or replacement of maintenance equipment.
Mr. Lowe reported the Environmental Impact Report for the development of the Platinum
Triangle also earmarked those fees and limited dedication of park land received from the
residential construction to be used for park amenities in the Platinum Triangle while also
addressing the impact on three parks located just outside of the Triangle's boundaries:
Ponderosa, Juarez and Boysen Parks. He informed council that the City Attorney's legal
opinion interpreted that statement to mean park fees from housing developments inside of the
Platinum Triangle could be used to upgrade the facilities in the those three parks, as well as the
development and purchase of new recreational sites in the Platinum Triangle's "sphere of
influence" just outside of the area's boundaries.
Since the City began receiving park development fees from the Platinum Triangle in 2005, Mr.
Lowe remarked, approximately $16.1 million had been collected. To date, $12.7 million had
been spent on land acquisition: $3.1 million for the Anaheim Way site, $6.4 million for the
City Council Minutes of October 22, 2013
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construction of Anaheim Coves to be fully reimbursed from the State and various park
improvements, and facility design services for future projects. He added the Anaheim Way site
had since been considered unsuitable for park development due to recent changes in the law
regarding its proximity to the 5 freeway and it was recommended that the site be sold,
emphasizing that the land had more than doubled in value since its purchase.
Mr. Lowe provided details on the Park Fund activity for the next three years with a beginning
balance of $8.4 million, adding that a more in depth recommendation concerning the distribution
of these funds would be given at the end of his presentation. He indicated the Planning
Department had estimated that $8.8 million in park fees were to be collected in FY 13/14 and
$8.1 million in FY 14/15 while projected expenditures included $6.4 million that had been placed
in a miscellaneous account pending further review and direction from council on the Anaheim
Tennis Center Project. He stated those funds required appropriation to a specific project as
mandated by the Quimby Act.
As the City's population increased, Mr. Lowe emphasized the need for additional parkland had
grown as well. The national standard for park acreage was 6.25 to 10.5 acres of developed
park land per 1,000 population, the Quimby Act specified 3.5 acres per 1,000 and Anaheim, he
pointed out, was currently at approximately 1.9 acres per 1,000. The park system ranged from
small mini -parks such as Cottonwood, neighborhood parks like George Washington and
Stoddard, and the larger community parks such as Boysen and Peralta Canyon. In addition,
there were special use parks such as Anaheim Coves and the Oak Canyon Nature Center. He
noted with the success of the park system and its popularity, there were challenges; and due to
over 100,000 hours of field use this year, staff had turned away 17 percent of requests. He
emphasized there was a real need for large turf areas for sporting events such as scheduled
league play and unorganized "pick -up" play. He added that although accommodating the youth
and adult leagues and providing general play space resulted in heavy turf damage due to over-
use, the demand for use made it impossible to close fields for recovery. For this reason, he
stated, staff had been actively seeking vacant, available land throughout the city to develop into
a sports complex capable of holding large organized sporting events and taking some of the
pressure off fields. As of yet, no suitable location had been identified.
Mr. Lowe indicated staff regularly evaluated all neighborhoods and park needs with planned
park improvement projects prioritized according to the greatest need. As an example, over the
past decade, the City's budget and CIP had been focused on planning and designing for
facilities and parks within those most distressed neighborhoods, whenever possible; i.e. Walnut
Grove Park in 2001, George Washington Park in 2002, Energy Field in 2008, Colony Park in
2010, and the most recently completed Anaheim Coves project in east Anaheim.
PLATINUM TRIANGLE DEVELOPMENT FEE - ELIGIBLE PARK PROJECTS
PONDEROSA PARK - Originally constructed in 1965, the 9 -acre park was an important public
facility heavily used by the surrounding neighborhood with the Family Resource Center, an
anchor in the Haster/O rang ewood neighborhood for over 25 years. Limited by its small size and
antiquated amenities, in 2011, as part of a grant application process, several community
meetings were held to get input on a master plan redesign of the entire park. It included a new
family resource center and gymnasium as a high priority for residents and last July, Council
approved an agreement to develop the final design of the complex. Mr. Lowe indicated the
project should be completed in the spring of 2015 and was estimated at a cost of $7 million.
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BOYSEN PARK - Mr. Lowe reported this was a 25 -acre community park and home of the
Anaheim Tennis Center, with three Class A baseball fields, multiple Little League fields, and two
tot -lot playgrounds near Theodore Roosevelt Elementary School, and was the closest
community park to the Platinum Triangle. The playground equipment needed replacement per
State standards and the Anaheim Tennis Center had no improvements made to it since it
opened in 1977. Due to the regional importance of the park and the opportunities for
improvement, staff recommended a master plan process for the eventual redesign of the
balance of the park's configuration and amenities. He added school district officials alerted staff
to the planned renovation of the school which would occur within the next 2 -3 years which
meant the renovation could include a property reconfiguration of the school and park similar to
that recently done for Ponderosa Park to benefit both entities and the public with additional open
space. Mayor Tait inquired about the proposed additional acreage with Mr. Lowe responding the
Urban Forestry yard was being held by the Successor Agency because it was part of the
Redevelopment Agency and staff was hopeful that the parcel would be submitted to the State
as a transfer to the City for public use at a possible no cost for land or in the worst case
scenario, at market value. He indicated the preliminary estimate for the master plan design and
construction was $5 to $7 million.
Regarding the City- owned, concessionaire - operated Anaheim Tennis Center which was located
in the former Henry Wagner House at Boysen Park, Mr. Lowe indicated this circa 1921
Mediterranean Revival Style house was converted into the Anaheim Tennis Center in 1977. At
that time, the tennis courts were built and improvements were made to the house for public use.
In 2007, a new concessionaire was retained to operate the Tennis Center, Mike Nelson's
Orange County Tennis Academy Inc., with a lease running from 2007 for a term of 20 years with
an option to renew for two additional five -year periods. He added the Lease included the
historic Wagner House, auxiliary buildings, tennis courts and all other improvements on
approximately four acres.
In addition, the Lease required the Tennis Academy to invest a minimum of $125,000 toward
accomplishing the Tennis Center's planned modernization project and to date, he remarked, the
Academy had invested $200,000 in capital improvements. The Lease also required the Tennis
Academy to provide services that were affordable to the community, including both adult and
junior programming, and to focus service delivery on Anaheim and surrounding cities in Orange
County. Other stipulations included allowing the city use of the Clubhouse up to 15 times per
year. The City's obligations in the Lease included paying for: the complete
rehabilitation /reconstruction of the Wagner House and auxiliary buildings, landscaping,
sidewalks, cleaning of drains, parking lot improvements, signage, and major systems including
plumbing and electrical, fixtures and furniture for the Wagner House and the auxiliary buildings,
alternate trailers for restrooms, member /guest check -in, and office space for staff during the
modernization of the facilities. He added there were no further detailed descriptions of specific
improvements, dollar amounts or timelines associated with the above listed City obligations;
however, the Lease did reference the Tennis Center's future modernization project developed
as a result of a public input and City's review relative to the design and layout of the premises.
In 2009 city staff, with assistance of a historic architectural consultant, began the process for a
redesign of the Tennis Center. Several community meetings were held and comprehensive
input solicited from residents from surrounding neighborhoods, members from the City's historic
community and the tennis community. Following the input and design process, construction
plans were completed for the project. In addition to the improvements required by the
agreement and based on community input and council direction, the plan also included a
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championship center court with tiered seating and a 1,600 square foot, historically - themed
outdoor garden to service expanded usage for the hosting of tournaments, social gatherings
and special events. Mr. Lowe stated it was believed those amenities would maximize the
revenue potential of this enterprise operation and reduce the department's dependency on the
General Fund. The construction estimate for the total shelf -ready project was $6.4 million.
FIVE COVES - Staff was currently working with Orange County Water District (OCWD) on the
development of trail amenities along the west side of the Santa Ana River, north of Lincoln
Avenue and south of Fonterra Street in an area referred to as Five Coves. The project would be
similar to the recently completed Anaheim Coves Park with pedestrian trails, interpretative
signage, and landscaping. The estimated cost was $1.7 million and was eligible for State grant
funding with staff in the grant application process at this time. If not successful, the project
could be funded with Platinum Triangle park development fees, however, Mr. Lowe anticipated
the grant would be awarded.
JUAREZ PARK - Juarez Park was a 9.5 acre neighborhood park, home of the Sunkist Branch
Library. This park would benefit from a redesign and reconfiguration which would more
efficiently use existing land for new amenities and additional open space. The tot lot playground
and restroom were in need of renovation, and significant drainage and irrigation deficiencies at
the site need to be corrected. The preliminary estimate for the master plan design and
complete reconstruction was $5 million.
GATEWAY PARK - Staff was currently working on conceptual plans for a small park located on
the south -east corner of State College and Cerritos Avenue. Gateway Park was located on land
owned by Southern California Edison (SCE) and was secured by staff at no cost as part of the
Franchise Agreement between the City and SCE which required parcels of land to be set aside
for recreational purposes. While small in size, the property was in a key location both from a
visual standpoint as a gateway into the Platinum Triangle on State College, as well as a needed
amenity for residents living in the project area. Planned amenities were a small turf area, shade
structures, and a number of basketball courts. Design and construction were estimated to be
approximately $1 million and there were no land costs.
BALL ROAD BASIN — Mr. Lowe reported the City expressed its desire to the OCWD to
purchase the parcel known as the Ball Road Basin, which was currently zoned as open space
and no longer suitable for its intended percolation function. The property located on the west
side of the Santa Ana River on Ball Road just south of Anaheim Coves, was approximately 20
acres in size. If the purchase was successful, it could provide the City with a sports complex
unlike any other in the system capable of holding large organized sporting events. It could also
be utilized to rotate user groups to this site in order for staff to renovate fields throughout the city
while not interrupting game schedules for extended periods. He added that it could further
provide an alternative for adults to use for soccer at night rather than the current practice of late
night play under security lights at various parks disturbing neighbors, violating the law, and
further stressing the turf.
Community meetings were held in 2012 as part of a grant application process for a potential
park site near Cerritos and State College that ultimately sold before the city had secured
sufficient funding to make an offer. Throughout this process, sports field user groups and other
residents confirmed the need for a large sports complex within the City specifically oriented for
soccer. For these reasons, he stated, staff was committed to aggressively seek available land
which could be purchased and developed with Platinum Triangle Park Development fees as the
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funding source. The Ball Road Basin development could include multiple lighted sports fields
(with synthetic turf to allow increased play), restrooms, concession and team room buildings,
and a "feature" stadium that could be used for larger events. And he pointed out; staff was
pursuing options through continued discussions with the District and would report back to the
council on the progress.
Mr. Lowe remarked the Library Division also received development fees from new residential
construction and was projected to receive over three million dollars from the Platinum Triangle
at a rate of $487 per unit built. To date, the Library received approximately $270,400.00; a total
of $116,435.00 was expended on the Ponderosa Joint City /School Library project, resulting in
the current balance of $153,965.00. A number of options had been discussed concerning how
future library development fees would be expended; and one option was to develop a small
storefront library in the A Town development along Market Street and another was to expand
the Sunkist Branch at Juarez Park. Mr. Lowe stated staff would develop recommendations
when the ultimate density and phasing of the project was determined as well as how much
money would be available.
In summary, he remarked, Platinum Triangle park development fees would fund new
recreational amenities and the upgrading of existing nearby parks. Both options would benefit
the residents of Anaheim and help mitigate the increased usage of park facilities that would
result from the influx of residents living in the new developments of this project area. As the
economy continued to improve and development in the Platinum Triangle accelerated, so would
the revenue stream for park development fees; however, he pointed out, due to the constraints
placed on the funding, the geographical usage restrictions and the requirement to commit the
funds within five years, it was necessary to commit the current funding received very soon. He
indicated staff also required direction as to the funding that was expected to be received in the
next few fiscal years so that planning could be done to get the projects online in time for the
influx of new residents and their impact on Anaheim's park system. Ultimately, he stated, the
current review of and adjustment to the density of the Platinum Triangle would determine the
exact amount of available funding for new park construction and existing park renovation. He
noted City staff from several departments were also working closely with the project developer,
Lennar, on this issue and once the assessment was completed, staff would have a better feel
for the amounts of funding available followed by recommendations as to those these future
funds should be expended.
Staff recommended that, with the current funding now and anticipated revenues for the next two
years, the following projects should be prioritized as follows:
1) Planning and renovation of Ponderosa Park, Gymnasium and Family Resource Center;
2) Aggressively solicit outside funding for the Five Coves project;
3) Conduct the planning and final design of the Gateway Property with the initial goal of SCE
approval for development sometime in the future;
4) Move forward with the RFP for the renovation of the Anaheim Tennis Center, as originally
designed;
5) Work closely with the OCWD concerning the purchase and development of the Ball Road
Basin as a sports park;
6) Initiate the master planning process for Boysen Park in conjunction with the planned
rebuilding of Roosevelt School;
City Council Minutes of October 22, 2013
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7) Initiate the master planning process for Juarez Park.
Council Member Kring expressed full support of the presentation. Council Member Murray
stressed the importance of working with residents to resolve any concerns they may have, in
advance of any project. She was also encouraged to hear that discussions with the school
district were occurring in connection with Boysen Park as a way to maximize land and resources
and asked how the department planned to communicate to the neighborhoods as well as
citywide about these future projects. Mr. Lowe indicated he would bring that rollout plan back to
council for their information. Council Member Brandman inquired if the acreage per resident
calculation took into account the city's joint agreements with the school districts with Mr. Lowe
replying the Quimby Act did not give credit for those type of joint uses. Council Member
Brandman was supportive of the plan asking that the department keep the expansion of La
Palma Park into the Edison right -of -way in mind, similar to what was done with Maxwell Park,
and suggested a future workshop be scheduled. Mr. Lowe concurred, adding that the realities
were that funding sources for other parts of the city were nothing like that of the Platinum
Triangle, with projections of almost $100 million in park fees estimated to year 2035.
Mayor Pro Tern Eastman appreciated the update and the idea of rotating playing fields to be
able to refurbish the overused turf conditions. Mayor Tait stated he would rather see funds not
earmarked for the Tennis Center and used for the purchase of additional recreation property as
he felt four to six small pocket parks and a three acre greenbelt area underserved the Platinum
Triangle. Mr. Lowe responded by improving the historic house that was in need of renovation
and was an asset of the city, that additional revenue would be generated. Mayor Tait responded
that an obligation for building maintenance should not cost $6.4 million asking if there had been
any analysis on what that revenue return would be once improvements were made. Mr. Lowe
reported the Finance Department reviewed the findings and estimated it would take about 20
years in revenue to recover that investment at triple the revenue the city was currently receiving
from the operator. Mr. Lowe also emphasized that staff had been looking at every opportunity
to purchase land, adding there was a substantial amount for that purpose. He noted the
elementary school district was in discussions about purchasing land in that area and asked if
the city might partner with them to develop athletic fields with the limitation it could only be used
during off school hours. Council Member Kring felt that partnership was of value and worthy of
discussion by Mr. Lowe. Mayor Tait reiterated his direction would be to drop the tennis center
project, asking if the rest of council had an opinion on that subject. Mr. Lowe reminded council
that there was a contractual obligation to make certain improvements and the only optional
ideas was received through the community input process, explaining the center court concept
was derived from that process and added to the other obligations. He added that the restoration
of the house had also been part of that same agreement with Mayor Tait requesting a copy of
the contract.
At 3:34 P.M. the special meeting was adjourned and the Regular City Council Meeting of
October 22, 2013 was called to order.
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
At 3:35 P.M., Council recessed to closed session for consideration of the following items:
CLOSED SESSION ITEMS:
City Council Minutes of October 22, 2013
Page 7 of 20
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Wilson v. City of Anaheim, Orange County Superior Court Case No.
2012- 00614516
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the Government Code)
Name of Case: Travis Mock v. City of Anaheim, et al., United States District Court Case
No. SACV12 -829 BRO (Ex)
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case
No. 2012- 00579998
At 5:02 P.M., the city council session was reconvened.
Invocation: Pastor Ed McGlasson, Stadium Vineyard Christian Fellowship
Flap Salute: Council Member Jordan Brandman
Presentations: Recognizing Eduardo Garcia Aguinaga from Sister City, Vitoria - Gasteiz,
Spain
Mr. Aguinaga remarked Anaheim's Sister City organization was very active, visiting Vitoria -
Gasteiz often for the common welfare of both communities and he was appreciative of the city's
welcoming remarks and looked forward to a continuing relationship. He then translated those
remarks for Anaheim's Spanish speaking population. Assemblywoman Sharon Quirk - Silver,
speaking on behalf of the California Assembly, presented a certificate of recognition to Senor
Aguinaga, acknowledging Vito ria-G aste iz's affiliation to the city of Anaheim.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming October 20 -26, 2013, as Childhood Lead Poisoning Prevention
Week
Proclaiming November 1, 2013, as Extra Mile Day
Proclaiming October 20 -26, 2013, as National Friends of the Library Week
Proclaiming November 2013, as Pancreatic Cancer Awareness Month
Proclaiming October 23 - 31, 2013, as Red Ribbon Week
Recognizing the Orange County Hispanic Education Endowment Fund
2013 Apple of Gold honorees
Helen Carter, Friends of the Anaheim Public Library, thanked the city for recognizing their
organization. Audrey Lujan, City Librarian, remarked there were two groups, Friends of the
Anaheim Public Library and Friends of the Canyon Hills Library, which had graced the library
with over $50,000 in donations in support of the summer reading program and a menu of other
cultural events, and thanked them for everything they did during the year for Anaheim's libraries.
City Council Minutes of October 22, 2013
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Dr. Helene Calvet, Orange County Health Care Agency, thanked the city for recognizing an
important public health issue, childhood lead poisoning. She pointed out the detrimental health
effects of lead poison in the young, adding that in 2010 -2012 period, there were over 660
children in Anaheim who were found to have elevated lead levels, the second highest of any city
in the county. She remarked a blood test was the only way to make a diagnosis and offered the
county's case management services to assist with this problem.
Jim Fisher, representing Pancreatic Cancer organization, spoke of his personal loss associated
with this disease and expressed appreciation for council's support in bringing awareness of this
disease to the public.
Interim Police Chief Quezada accepted the Red Ribbon Week proclamation, remarking the
department remained committed to helping people lead a drug free life and joined with school
district partners in this cooperative preventive program.
ADDITIONS /DELETIONS TO THE AGENDA Council Member Murray requested Council
Members be given the opportunity to provide Council comments at the conclusion of public
comments and at the end of the meeting with full council concurrence.
PUBLIC COMMENTS (all aaenda items):
Assemblyperson Sharon Quirk - Silva, provided an update on the "state of the state ", remarking
that California's budget had been balanced for the last three years as well as this year's budget
which included a critical $1.1 billion rainy day fund and a pay down of California's debt by
investing $4.2 billion (including $2.1 billion in deferrals to schools). In addition, business friendly
legislation was passed, AB13, which scaled down filing time for businesses looking to open their
doors from 80 days to five days, a significant reduction in wait time and she pointed out, the
unemployment rate had dropped from 10.6 last summer to 8.7 percent this summer. Another
benefit reflected in the state's budget was a higher credit rating received from two of the credit
rating agencies, saving the state $.5 billion. Other investments, she stated, were made in
education to bring relief to overcrowded classrooms and adding services, such as additional
library hours that were cut during the economic decline and in addition, lower class scholarships
were funded reducing college tuition by 40 percent for some families. As a member of the state
housing committee, Ms. Quirk -Silva looked forward to partnering with the city as the state
looked for ways to help cities move forward since the dissolution of redevelopment funds. She
indicated six bills she was involved with had been signed by the Governor; AB 701 brought $53
million in vehicle license fees that would help keep the sheriffs in the county and reflected a
bipartisan team effort with the entire Orange County delegation working together to solve the
issue of what happened between Orange County and the state of California. A13409, a
transparency and accountability bill, would place all Form 700s (Conflict of Interest filings) on
line available for view by the public. She added that the unrolling of the Affordable Care Act
was moving forward at the state level and there would be several town halls and information
being scheduled and invited the public to visit her website for more details on the 65 district.
City Clerk, Linda Andal, read the decorum policy reminding the public that this portion of the
meeting provided an opportunity to speak on any item within the council's jurisdiction and the
public should keep in mind that Anaheim remained committed to freedom of speech while still
respecting the diversity and background of everyone residing, visiting and doing business in the
city. She asked that speakers refrain from making personal, threatening, abusive, slanderous or
profane remarks toward any member of the council, staff or general public.
City Council Minutes of October 22, 2013
Page 9 of 20
E.T. Snell spoke of issues related to a past public speaker's inappropriate comments and his
opposition to Item No. 16.
Cecil Jordan Corcoran, Outreach Homeless Ministries, updated the community on the progress
of his work.
Angela Batta, La Palma Park area resident, spoke specifically to the impacts of living near an
illegal encampment for the homeless and what it meant to her family and neighbors. She asked
the city for help in making her neighborhood and park livable again.
Wiley Drake, Congressional Prayer of Washington D.C., remarked his organization was here to
help in any way and would continue to help the poor and homeless in Orange County.
William Fitzgerald objected to Item No. 16 on the agenda stating its purpose was to prevent
criticism of other city issues. He remarked that the Anaheim HOME organization spoke out on
behalf of those afraid to speak on issues and that his comments at a previous meeting were not
reflective of hateful speech.
Erika Miller, Chance Theatre, announced Triassic Park, a new musical production loosely based
on the film Jurassic Park and nominated for 11 Los Angeles awards. She encouraged the
community to attend.
Heather Myers, resident, expressed her fears in using La Palma Park and of the type of
behaviors occurring by transients using a park for their home. She worked nearby at a non-
profit, asking the city to address this situation.
Frank Cardona remarked that he helped the underserved youth in the community with academic
and education enrichment, remarking that La Palma Park was unsafe for these kids living in this
homeless environment and asking for help on behalf of them and the many families who can no
longer use the park.
John Dunton remarked he had been observing the problems in La Palma Park and recognized
the challenge in coming up with a solution, urging council to find a way to clean up the park and
to address the homeless needs.
Pastor Orendorff, Community of Christ Church, opposed ticketing the homeless camping
overnight in city parks, stating many were struggling families forced in this situation, asking that
the city come up with another solution to the homeless problem.
Roussan Collins opposed Item No. 13, discussed the legalities of putting such an ordinance in
place referring to a violation of human rights by citing the homeless camping in parks.
Christine Condon, resident, distressed over the homeless situation in La Palma Park and its
impacts to the nearby neighborhoods, asked the city to find some way to return the parks to the
community to be safely used by all.
Lucy Hernandez stated the neighbors near La Palma Park needed help with transients going
through their trash, using alleys as bathrooms, and sleeping in their yards.
Amanda Dill asked council to reconsider Item No. 13, remarking she understood on a personal
level what it meant to be homeless and hoped the city would be compassionate to those who
had no place to sleep.
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Wendy Voorheis was opposed to the ordinance against camping in city parks, remarking a few
dedicated parks should be set aside for the homeless.
Brenda Doherty offered her personal story on how she became homeless because of drug and
alcohol use and then saved through the First Southern Baptist Church.
Jeri Kelley from Grandma's House of Hope stated she was one of the homeless.
Melissa Lally stated through Grandma's House of Hope, she was clean and doing well and
grateful to be here.
Dan Arbgast, security contractor for Anaheim, addressed his comments to Item No. 17
explaining that his recommendation was to cancel the bid for a security contractor as it was
filled with redundancy, fines for violations and false alarms and that the spirit of the contract did
not represent the spirit of Anaheim. He suggested a request for proposal process be used
rather than the low bid process, indicating his company was up for the challenge.
Kes Narbutas, Cypress Security, spoke in favor of the bid award for Item No. 17, remarking his
company was the lowest responsible bidder, the largest California based security firm that
provided a broad range of security throughout western United States specializing in
municipalities. He stated Redondo Beach, Modesto and others selected them on the basis of
an RFP, using qualifications, experience and references in addition to competitive pricing. He
added that it was understandable that other vendors would like to see the process scrapped,
and while his firm would be able to compete effectively in an RFP process, he asked council to
support staff's recommendation and award the bid.
Mayo Rivera stated he lived and worked near La Palma Park for the past 14 years sharing that
every year the situation at La Palma Park has gotten worse and he has had to call the police a
few times to address violence.
Jennifer Lee - Anderson, Poverty Task Force, opposed Item No. 13, stating the only way to end
homelessness was to create more permanent housing. She and other members of the task
force looked forward to working with the city on that solution, asking council to reject the
ordinance as it was a more expensive.
Emilee Sharp, Colony District, remarked that a resolution to help the homeless must be found.
She encouraged council to move forward with a ban on camping in any city park. She promoted
a program in Seattle in which various congregations in the area take the homeless for one
month at a time, feeding, ministering, providing medical and dental help and resources to find
housing. This immediately reduced the stress levels of those who were homeless with paid
professionals who stayed the night at the shelter 24/7. She noted the average stay was three
months with a 60 percent success rate and the funding was between $150,000 to $200,000 to
run the program. She hoped the city would consider this program in which everyone contributed
and did their part.
Martha Vasquez remarked she had a home in Central Street which she lost through a
foreclosure two years ago and had been homeless since that time and right now lived in a
shelter. She was a citizen, paid taxes, and worked as a care giver, going to work every day, but
did not make enough money to have the first and last month's rent plus a deposit and was
unable to find a place to live on her own. She hoped council could come up with a solution.
City Council Minutes of October 22, 2013
Page 11 of 20
Richard Bauarschi opposed Item No. 13, remarking he managed a homeless program helping
people find shelters, accommodations, food and clothing. He indicated 30 percent were
veterans suffering from PTS, 15 percent had fallen on hard times and 10 -15 percent had mental
issues, with the remainder having a variety of situations that required help. He did not feel this
ordinance offered a solution and wondered if the parking lot behind the Salvation Army between
Lemon and Harbor could be considered as a temporary location for the homeless.
Dorothy Rose, Orange County Symphony, reported that 1300 students were now enrolled in a
14- school pilot project using donated instruments or in some cases parents renting instruments
in order for their children to play, even though 85 percent of the students were impoverished.
She added that the students and their families were also invited to attend the Symphony
concerts at no cost. Ms. Rose ended her statements explaining that each concert cost $5000 to
put on and ended up $3500 in the red, asking the community and the city to help support this
cultural effort.
Victor La Fontaine, resident, endorsed the no camping ordinance stating that parks should be
used for pleasure and exercise, not for temporary housing for the homeless. He explained that
the parks were now unsanitary, unsafe and unwelcoming, which should not have been allowed
to happen. He urged council to pass the ordinance
Brian Chuchua asked why the city attorney's budget ran over by $725,000 and required a
budget increase by that amount.
Ron Bengochea strongly encouraged council to go forward with the no camping ordinance in
parks, remarking it was time to end the problems associated with the homeless living in the
park.
Manual Rios opposed Item No. 13, the no camping ordinance, remarking the homeless needed
compassion and hope.
German Santos addressed his complaints to Orange County District Attorney Tony Rackauckas
on a matter of public interest.
Tad Garabidian, Barton Security Services, recommended council reject the bid award for Item
No. 17 and conduct a thorough security assessment before putting it out for a Request for
Proposal rather than a low bid process.
David Patterson remarked that Item No. 13 would not resolve the homeless issue and that it
furthered the cycle of poverty and the real issue was in finding shelter so people could safely
sleep, a basic human need.
Eric Anderson, resident, encouraged the city to move forward with approval of Item No. 13,
remarking there were so many negatives coming out of this encampment and other positive
approaches should be used to find a real solution.
Donna Acevedo, resident, stated the Anaheim Coalition for Police Oversight was a group of
private citizens not affiliated with the city and offered recommendations and a letter to the City
Manager to implement a resident investigative review board to address the 41 officer involved
shootings that occurred in 2003 to 2013.
City Council Minutes of October 22, 2013
Page 12 of 20
Greg Diamond spoke to several issues including the selective enforcement of free speech and
why James Robert Reade's comments were not a concern, and William Fitzgerald's comments
were.
Daniel Lam spoke in opposition to Item No. 13.
Council Communications (added to the agenda):
Council Member Kring spoke of her attendance at the following events: Ready, Set, Go! Fire
Station event and, Wig Wag Community garden event, the Kaboom! ribbon cutting at Modjeska
Park, Anaheim Fire and Rescue promotion ceremony, Rotary Club Octoberfest, and the 2013
Senior Hero Award ceremony. She announced the Fall Festival and Halloween Parade on
October 26 and the Veterans' Day celebration on November 9.
Council Member Murray addressed the community concerns on homelessness and stated the
City Council and the city were committed to looking into long term solutions and she would
comment further when Item No. 13 was considered.
CONSENT CALENDAR: At 7:05 P.M., Mayor Pro Tem Eastman requested Item No. 4 be
removed from the consent calendar for further discussion; Mayor Tait pulled Item No's. 12 and
13 to be heard as one and Item No. 14; Council Member Kring removed Item No. 17. Mayor
Tait stated he would record an abstention on Item Nos. 6, 8 and 9, as his firm worked with the
Orange County Transportation Authority and Orange County Water District. Council Member
Kring then waived reading in full of all ordinances and resolutions and to adopt the balance of
the consent calendar as presented, in accordance with reports, certifications and
recommendations furnished each city council member and as listed on the consent calendar,
seconded by Council Member Mayor Pro Tem Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait
and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried.
8105 1. Receive and file minutes of the Community Services Board meetings of July 11, 2013
and August 8, 2013, Cultural and Heritage Commission meetings of July 18, 2013 and
August 15, 2013, Sister City Commission meeting of August 26, 2013 and Public Utilities
Board meeting of August 28, 2013.
D117 2. Approve the Investment Portfolio Report for September 2013.
D106 3. Approve carryover expenditure appropriations from fiscal year 2012/13 to fiscal year
2013/14 for projects previously approved by the City Council but not yet completed.
5. Waive the sealed bid requirements of Council Policy 4.0 and ratify a purchase order to
D180 Duthie Generator Service, Inc., in the amount of $24,844, for the emergency use of two
generators at 1311 and 1325 North Blue Gum Street serving multiple industrial
businesses for the Public Utilities Department.
6. Approve an agreement with the Orange County Water District that grants reimbursement
AGR- 7548.1 to the City for the cost of design, construction and construction management for the
placement of a concrete cap over an existing water line for the Tustin /La Palma
intersection project.
Mayor Tait recorded an abstention on this item. Motion by Council Member Kring to approve,
seconded by Mayor Pro Tem Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and
City Council Minutes of October 22, 2013
Page 13 of 20
Council Members: Brandman, Kring and Murray). Noes — 0. Abstention — 1: Mayor Tait.
Motion Carried.
7. Approve a cooperative work agreement extension request to the California Department
D175 of Finance for the Gene Autry Way (West) project.
8. Approve the Purchase and Sale Agreement and Grant Deed with SCEL Properties, LLC,
in the amount of $153,321.92, for the sale of remnant property located at 1792 South
AGR -7860 Carnelian Street (APN 129 - 395 -07).
Mayor Tait recorded an abstention on this item. Motion by Council Member Kring to approve,
seconded by Mayor Pro Tem Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and
Council Members: Brandman, Kring and Murray). Noes — 0. Abstention — 1: Mayor Tait.
Motion Carried.
9. Approve and authorize the Public Utilities General Manager to execute and take the
necessary actions to implement and administer an agreement, and any related
AGR - 7842.1 documents, with the Irvine Community Development Company, LLC and The Irvine Land
Company, LLC, that specifies cost sharing and indemnification responsibilities related to
the proposed annexation of 2,355 acres in the eastern portion of the City of Anaheim
into Orange County Water District.
Mayor Tait recorded an abstention on this item. Motion by Council Member Kring to approve,
seconded by Mayor Pro Tem Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and
Council Members: Brandman, Kring and Murray). Noes — 0. Abstention — 1: Mayor Tait.
Motion Carried.
10. Approve and authorize the Public Utilities General Manager to execute and take the
necessary actions to implement and administer the Western System Power Pool
AGR -7861 Agreement, Schedule R, Resource Contingent Bundled Renewable Energy Credit
Confirmation, and any other related documents, with Noble Americas Gas & Power
Corporation.
11. Approve and authorize the Public Utilities General Manager to execute and take the
necessary actions to implement and administer the Renewable Power Purchase and
AGR -7862 Sale Agreement with San Gorgonio Farms, Inc., and any other related documents
including, but not limited to, a collateral assignment agreement, and authorize the Public
Utilities General Manager, or designee, to exercise Agreement extension options, extend
Scheduling Coordinator services beyond the Term, approve Contract Capacity
increases, not to exceed 31 Megawatt, and approve, as applicable, Accepted
Compliance Costs, in an amount not to exceed 3% of the Monthly Cash Settlement
Amount for the latest Term Year and /or waive specified Seller Compliance Actions.
15. RESOLUTION NO. 2013 -161 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties or interests therein (City Deeds Nos. 11534, 11535, 11536).
16. RESOLUTION NO. 2013 -162 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM condemning anti - semitic, homophobic, profane and hateful
public comments, and urging that all City meetings be conducted with respect and
decorum.
City Council Minutes of October 22, 2013
Page 14 of 20
D114 18. Approve minutes of the Council meetings of September 3, 2013.
END OF CONSENT CALENDAR:
D106 4. Amend the fiscal year 2012/13 budget by increasing appropriations in the City Attorney's
Office by $725,000.
Finance Director Debbie Moreno remarked at the end of FY 2013/13, departmental
expenditures were compared to their appropriations and adjustments made accordingly. For
this particular item, the appropriations would address several large court cases that required
outside counsel in the city attorney's budget. She noted the increase was considered in the
projects that were presented to council as part of the budget workshop in June and there would
be no additional impact to the General Fund or the five year plan. This action, she stated, would
reflect the $725,000 increase to the 2012/13 budget only and would have no impact on the
department's current year budget.
Mayor Pro Tern Eastman remarked that these were the type of expenses explained during
closed session when outside counsel handled specific cases and moved to approve Item No. 4,
seconded by Council Member Kring. Mayor Tait asked if it was possible to receive more detail
from the city attorney. Mr. Houston responded that oftentimes his department operated in a
reactive mode and when a case was filed and outside counsel was needed due to areas of
expertise not available in- house, outside counsel would be retained. Last fiscal year, he stated,
the majority of the costs associated with these allocations were for the Moreno litigation, i.e.
districting litigation where the city was in a defensive posture as well as the medical marijuana
dispensary cases, an amount of about $235,000. He indicated that the California Voting Right
Act costs for the last fiscal year was approximately $612,000 with the difference in figures
resulting from savings in other areas where outside counsel uses were less than anticipated.
Roll Call Vote: Ayes — 5: (Mayor Tait and Council Member: Brandman, Eastman, Kring and
Murray). Noes — 0. Motion to approve carried.
12. Approve an agreement with the County of Orange, in the amount of $40,000, to fund
approximately nine (9) additional days of shelter at the Fullerton Armory Emergency
Shelter for the County of Orange Armory Emergency Shelter Program, which the County
AGR -7863 will assign to its contractor Mercy House Living Centers, Inc.
13. ORDINANCE NO. 6290 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Chapter 11.10 to Title 11 of the Anaheim Municipal Code relating to
camping and storage of personal property in public areas and amending Section
1. 16.030 of Chapter 1.16 of Title 1 and Section 13.08.020 of Chapter 13.08 of Title 13 of
M142 the Anaheim Municipal Code to be consistent with the addition of said Chapter 11.10
(continued from Council meetings of September 24, 2013, Item No. 29 and October 8,
2013, Item No. 22).
City Manager Marcie Edwards announced these two items involved Anaheim's efforts with
respect to the impacts of homeless on Anaheim's parks and public spaces and Community
Services Director Terry Lowe and Police Chief Raul Quezada would provide staff report on both
items.
City Council Minutes of October 22, 2013
Page 15 of 20
Mr. Lowe explained that most cities were experiencing this complex problem and that the
causes of homelessness were difficult to eliminate and impacts difficult to mitigate, adding he
heard from people representing opposing opinions daily. He discussed how his department had
built dozens of collaborations to address social problems in the community, an important aspect
of his service to the city and at the same time he tried to balance providing for the recreational
needs of all and the responsibility of providing clean, safe attractive parks and the reason why
he was recommending this ordinance.
He added the department's intention was to make a difference and listed the various activities
and support efforts to assist the homeless: From outreach workers who offered a way out of this
lifestyle to organizations offering food, clothing, and other items of comfort; to librarians who
welcomed the homeless every day, assisting them in using the internet and other services and
the Human Resource staff at family resource and community centers handing out food and
transportation vouchers and as well as assisted with crisis intervention; police officers and park
rangers kept the peace in parks and were equipped to refer people in need to services through
the 211 program; and housing staff who looked for ways to link people with appropriate housing.
Additionally, nonprofit youth clubs like the Boys and Girls Club, the YMCA, and the Anaheim
Community Foundation provided thousands of dollars in scholarships so disadvantaged kids
could participate in recreational programs and teachers and staff at schools offered their talents
and support to homeless children in many ways. With all these efforts, he pointed out, the
reality was that this did not get the homeless indoors at night; they simply helped people get
through another day on the street.
Mr. Lowe emphasized the goal was to help the people living in and around La Palma Park, who
wanted to be helped, into more appropriate housing. To that end a pilot project began across
the street from the park and with council's support, the department entered into an agreement
with Mercy House for daily outreach in the park to link people with services in this region. In
addition, a storage place was being provided where the homeless could temporarily store their
possessions to free them to leave the park for services and for shelter when it was available.
And, he remarked, around the clock clean stocked restrooms would be available, eliminating
another problem voiced by many nearby residents. He stated programs providing meals would
be scheduled to insure food was not wasted and staff would work with local faith -based
organizations in this effort recognizing that providing food was a method to build trust and an
opportunity to develop relationships. So far, Mr. Lowe reported, 59 individuals registered with
the pilot project, six people, including a family of four, had been referred to more appropriate
living situations. He believed the project was making an impact and had received more positive
comments from neighbors versus complaints since its implementation. Mr. Lowe emphasized
that other recommendations from a multi - departmental strategy to address the issue of
homelessness in Anaheim, would be brought to council in the near future.
Having met with the poverty task force and listened to their concerns, he reported their most
significant concern was the lack of a place people could go to in the event the ordinance was
adopted; therefore, he added, on the agenda was a request for the appropriation of $40,000 as
Anaheim's contribution to an effort to open the Fullerton shelter 18 days earlier than planned
with the city of Fullerton, matching that amount. In response to other concerns, he was
recommending that the ordinance not be implemented until at least 30 days after the county and
cold weather shelter was opened because it was recognized that to get the word out about the
shelter took time. This would provide a temporary shelter while giving additional time for the
county to locate a permanent year -round shelter in north Orange County, a goal expressed by
Supervisor Nelson at the recent homeless workshop. It also helped to encourage a closer
City Council Minutes of October 22, 2013
Page 16 of 20
working relationship with other cities which was essential to achieving this goal. Specific to the
park itself, he stated, this ordinance would enable the Police Department to facilitate the safe
removal of property with appropriate notice and storage for a specific time period and allowed
for additional park safety efforts in addressing increased drug and alcohol uses and other
criminal behavior occurring in the park. He remarked that staff brought forward this ordinance
due to the overwhelming outpouring of complaints received from residents and thousands of
calls for police and fire services occurring at La Palma and other parks annually.
Mr. Lowe added that if council approved this ordinance, an outreach campaign would be
conducted before any action was taken with the goal of helping those who wanted to be helped.
He noted this was the model that appeared to be working around the nation recognizing that
successful models depended on the non - profit community and businesses who played major
roles in overcoming this issue. He recommended council approve the ordinance and
appropriate funds to early opening of the county shelter.
Mayor Tait expressed his appreciation for this pilot project and for Supervisor Nelson's efforts to
locate a year -round shelter. He reported that San Diego also had a program that appeared to
be working and staff was researching that program as well as one being utilized in Albuquerque.
He recommended calling the city's initiative "Coming Home Anaheim" with all agencies working
together to solve the problem of homelessness, asking the city manager to work towards having
a solution in place by the time the Armory closed after winter. The Mayor then moved approve
Item No. 12 and to Introduce Ordinance No. 6290, seconded by Mayor Pro Tern Eastman. She
added that having every faith -based organization take responsibility in caring for the homeless
made sense for her. Council Member Kring pointed out that other parks, such as Maxwell and
Twila Reid suffered similar problems and should be included in these efforts. Council Member
Murray indicated she supported both items on the agenda and expressed interest in Emily
Sharp's suggestion as well, because it provided a day care center, year round shelter and
emergency shelter services, complete case management systems, subsidized housing
programs, outreach and mentorship. Council Member Brandman remarked that involving
everyone in the solution was the true Anaheim way and would hopefully see a permanent
solution before the Armory closed.
Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring, and
Murray). Noes — 0. Motion Carried.
14. RESOLUTION NO. 2013 -160 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM in support of the Partnership for 21 Century Learning (P21)
and officially declaring Anaheim to be a P21 City.
Mayor Tait remarked that at the last meeting, over 200 students showed up in support of this
plan for access to a global curriculum relevant to today and teach the five C's, i.e.,
communication, collaboration, critical thinking, creativity, and character. He was forming a task
force to assist in connecting businesses and government leaders in this effort, asking Council
Member Brandman to join him in bringing forward this concept and to approve RESOLUTION
NO. 2013 -160 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM in support of the
Partnership for 21 Century Learning (P21) and officially declaring Anaheim to be a P21 City,
seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Mayor Tait and Council
Members: Brandman, Eastman, Kring and Murray). Noes — 0. Motion Carried.
City Council Minutes of October 22, 2013
Page 17 of 20
17. Accept the lowest responsive and responsible bid and execute an agreement with
Cypress Security, LLC, in an annual amount not to exceed $489,928, for security guard
AGR -7864 services, in accordance with the scope of work, specifications, terms and conditions of
competitive Bid # 7992 (continued from Council meeting of October 8, 2013, Item No.
06).
Public Works Director Natalie Meeks reported Council had requested additional information on
this item and that one of its goals was to review the security at city hall and develop a revised
security plan. She explained that assessment was underway but would take between 9 to 12
months to complete and in the interim, recommended awarding the bid to Cypress Security.
She indicated the contract could be terminated at any time should there be a need to make
changes in the future. She further pointed out the bid process had specified each and all
services required and that the penalties identified in the agreement were there to address any
issues that came up in the contract and offered the ability to terminate the agreement if
necessary. In addition, she remarked that the current provider, Andy Frain, was willing to
continue on a month -to -month basis should council determine not to award the bid.
Council Member Kring remarked she was inclined to go on a month -to -month basis with Andy
Frain Services and then re- advertise the item as a Request for Proposal including the provision
of a risk assessment for the city and possible award at a higher level if warranted. Mayor Pro
Tern Eastman disclosed she had met with Cypress Security last week at their request and
inquired how the costs compared with Andy Frain on a month -to -month basis versus awarding
to Cypress Security. Ms. Meeks responded there was very little difference in the costs as the
new contract included more technology as far as communication and logging data and the
security supervisor was required to have a car to provide more mobility for their security staff.
She added the current company had been using a city car, however, the city's risk management
group indicted that was not appropriate.
Council Member Murray stated a process established by the city had been followed and at the
end of the process, it had been challenged by the bidders which put the low bidder at an unfair
disadvantage and so far she had not heard a reason not to proceed with the bid award. She
wondered why the bid award was used rather than a Request for Proposal (RFP). Ms. Meeks
remarked that the city did not go with an RFP process because there were specific
requirements in the bid document including quality level and experience and all of the
companies who participated were well qualified and could and did provide excellent services for
a number of organizations. She indicated the bid specifications were structured in that manner
to set the bar for that certain quality and then compare apples to apples and rely on the price as
the determining factor in the award. Ms. Murray asked staff if the bid process itself was
challenged by any of the bid participants with Carole Ayuso, Purchasing Agent, indicating the
only challenge came after the award. Council Member Murray remarked that since this was a
one year process and a lot of time and effort had been invested, she would move to accept
staff's recommendation and then take the time for the risk assessment analysis and recommend
using a Request for Proposal process to determine the best quality vendor. Mayor Tait
disclosed he had a phone conversation with Cypress Security CEO and met with
representatives from Allied Barton. He also felt that qualitative factors should be taken into
consideration through an RFP process. Council Member Murray asked what the bid proposals
were with Ms. Meeks relaying that of six firms taking out bid documents, four submitted and the
second low bidder was about one percent less than the lowest bid with the third bidder about 6
percent more. The fourth bidder was the furthest apart with a 14 percent increase over the low
City Council Minutes of October 22, 2013
Page 18 of 20
bidder and she noted, all bidders complied with the quality standards. Ms. Murray also
indicated she had a phone conversation with Allied Barton and met with Cypress Security.
Council Member Brandman disclosed he had communicated with Cypress Security and Allied
Barton within the last two days. He suggested that council could award the bid to Cypress
Security because they followed the rules of the bid process and was the eligible low bidder and
at the same time, could direct staff to immediately engage in an RFP course of action in fairness
to Cypress Security.
Council Member Kring asked that the current contractor be allowed to speak. Mr. Frain stated
that he had voiced his objection to the proposed changes to the security services because there
was a reduction in staff and because some security hours had been reduced. He also objected
to the monitoring system stating it was not necessary and that the current system was in place,
paid for by the city and working. He added if the contract remained on the 12 month rate, it
would be the same pay rate as last year and the proposal from Cypress was $3 to $4 /hour
higher because it was an all- inclusive bid and included a vehicle. He stated he also had a
document from the city stating there was no need to drive a vehicle because city assets were
better protected by security staff walking instead of riding. He felt this was contrary to the
proposal emphasizing that in his experienced opinion, more security officers were needed. He
stated he had also brought objections to the Purchasing Division but was not allowed to discuss
the proposal with anyone except those in the Purchasing Department.
Discussion continued with Mayor Tait remarking he would move to support staff's
recommendation and approve the bid award, seconded by Council Member Kring, adding the
provision that an RFP process would begin immediately. Roll Call Vote: Ayes — 5: (Mayor Tait
and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried.
19. Appoint a representative to the Housing and Community Development Commission,
8105 West Council District, to complete an unexpired term ending June 30, 2015 (continued
from Council meeting of October 8, 2013, Item No. 23).
Housing and Community Development Commission (West Council District)
Appointment: Darlene Powell (June 30, 2015)
(unscheduled vacancy of Liz Gavarini)
Mayor Pro Tem Eastman nominated Darlene Powell and Council Member Kring nominated
Raymond Asad. Straw vote for Ms. Powell reflected Ayes — 4: Abstention — 1. Council Member
Kring withdrew her nomination and Darlene Powell was unanimously appointed to the Housing
and Community Development Commission, West District.
20. Receive and file the Police Department report on the impacts of the State Prison
Realignment (continued from Council meeting of September 24, 2013, Item No 32).
D160 Interim Police Chief Raul Quezada updated council on the impacts of AB109, the State Prison
Realignment, explaining that AB109 mandated the overhaul of the prison system due to
overcrowding. He reported those currently in custody convicted of non - violent, non - serious, and
non - sexual felonies were remanded to the county level using county probation department and
county facilities and prisons were subsequently reduced by 34,000 inmates sent to local
City Council Minutes of October 22, 2013
Page 19 of 20
jurisdictions including the Orange County jail facility. Specific to Orange County, he remarked,
about 3,100 PCS (post release community supervision) probationers were released and
currently there were about 1,700 active PCS probationers in Orange County. In 2011 there
were 366 released to Anaheim and currently, Anaheim had 265 active PCS probationers in
Anaheim.
On the 21 months prior to implementation of AB 109 and 21 months after, Interim Chief Quezada
reported that overall Part 1 Crimes (homicide, rape, robbery, aggravated assault, burglary, theft,
arson and motor vehicle theft) in the city of Anaheim showed an increase of 15 percent. Violent
Part 1 crimes (homicide, rape, robbery and aggravated assault) reflected a 6.2 percent. Part 1
Crimes including burglary, theft, arson, and motor vehicle theft had an increase of 16.2 percent.
He believed there was a correlation between the AB109 program and repeat offenders. Of the
265 PCS offenders in Anaheim, 212 were rearrested for a total of 426 arrests. With that, 39
percent were repeat offenders. In 2012, four homicides were committed by four Anaheim PCS
offenders. He cited several examples to make his point, such as a PCS offender, arrested three
times, once with narcotics and a handgun and a third time with a significant amount of
methamphetamine and two hand guns. Another example was an Anaheim PCS offender who
shot and killed two adult males in the west end of the county and since this incident, he
remarked, there were three additional homicides attributed to the PCS offenders.
Chief Quezada reported the state had allocated funds of about $260,000 last year to enhance
the city's supervision of these PCS probationers. Officers were sent on assignments to conduct
inspections to insure probationers were in compliance with requirements issued by the state or
by its probation officers. This current fiscal year the funds dropped to $94,000 which would
hamper the city's ability to continue the supervisor with the probation department, adding that
actions were being taken to continue the monitoring program. He noted that when this program
was implemented, personnel was directed to begin to track PCS offenders, where they were
living, what crimes were occurring in those areas, and whether the department could connect
the dots between the two. Existing personnel were asked to do double duty and work with the
probation department to ensure monitoring was being done. A13986, recently signed by the
Governor, would allow the city to use county jail facility to house those in violation of their
probation terms, called flash incarceration, a time period from one to 10 days. He stated there
had been some weekends where the probation department was in the field with officers and
located some offenders in violation of their terms, but due to overcrowding at county facility,
those offenders were not accepted. With this bill, those Anaheim PCS offenders would know if
there were in violation of their probation or committed a crime, they would be incarcerated at the
Anaheim facility.
He noted that five of the County's probation officers work out of the Anaheim PD. The
Department would continue to communicate through the crime analysis unit website asking the
community to be aware and ask questions, adding that revealing the location of these
probationers was prohibited.
Council Member Eastman asked if there was any correlation between the homeless
encampment and PCS probationers with Chief Quezada responding there were some
probationers who were homeless and gave an intersection as an address but did not draw a
correlation to the homeless encampment. Council Member Murray remarked the data and the
program itself was unsettling and asked that this report be made available to the District
Attorney and the State Attorney General and Office of the Governor so they could be made
aware of Anaheim's statistics and impacts. She asked that the department also communicate to
City Council Minutes of October 22, 2013
Page 20 of 20
residents ways in which could protect their property and themselves. Mayor Tait asked for a
follow -up presentation of how the department plans to handle the impacts going forward.
Council Member Brandman indicated that in late January or early February, there should be a
clearer picture of what the next action of the state would be.
Council Member Kring moved to accept the report, seconded by Mayor Pro Tern Eastman. Roll
Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and
Murray.) Noes — 0. Motion Carried.
Report on Closed Session Actions: None
Council Communications:
Mayor Pro Tern spoke of her attendance at the Kaboom! Ribbon cutting at Modjeska Park and
the 5th Anniversary of My Safe Harbor. She announced the Annual Fall Festival and Halloween
Parade on October 26
Council Member Murray spoke of the Military Banner program and the 17 honorees. She
announced the opening of the Miraloma Park and Family Resource Center, Halloween Parade
and Fall Festival on October 26 Canyon Hills Library Halloween activities, West Anaheim
Youth Center and Grandma's House of Hope Halloween activities on October 31 followed by
the 13th MEU Thanksgiving Drive. She requested a permanent change to the order of business
to allow the Council an opportunity to provide Council comments at the conclusion of public
comments as well as at the end of the meeting. She also spoke of the Kaboom! ribbon cutting
and shared the thank you card she received from the children.
Council Member Brandman spoke about his attendance at the Anaheim Fire and Rescue Block
Party, Anaheim High School Alumni Association Classic Car Show, Choc Walk, and the
Anaheim Union High School Splash -Off Gala. He announced the upcoming Halloween Parade
and Fall Festival. He requested staff draft a resolution for the November 5 meeting to support of
the US House of Representatives Resolution 30 which would support the continuation of its 6-
day USPS mail delivery. He further requested staff prepare a proclamation for Human Rights
Day for presentation at the December 10 meeting.
Mayor Tait spoke of the Fall Festival and expressed his regrets that he would be unable to
attend. He further spoke of his attendance at the Kaboom! ribbon cutting, Horace Mann
Elementary Kindness Day, Choc Walk, and the Saint Justin Martyr playground ribbon cutting.
He requested the Angel's item be placed on the next agenda to discuss the negotiation process
and include the appraisal of the stadium.
Adjournment: At 8:43 P.M., Mayor Tait adjourned the meeting of October 22, 2013 with the
consent of council.
R spe tfully submitted,
Linda N. Andal, CMC
City Clerk