12/20/2016 ANAHEIM CITY COUNCIL REGULAR AND
REGULAR AJOURNED MEETING OF DECEMBER 20, 2016
The regular meeting of December 20, 2016 was called to order at 3:00 P.M. and adjourned to
4:00 P.M. for lack of a quorum. The regular adjourned meeting of December 20, 2016 was
called to order at 4:02 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim
Boulevard. The meeting notice, agenda and related materials were duly posted on December
16, 2016.
PRESENT: Mayor Tom Tait and Council Members: Lucille Kring, Kris Murray, James
Vanderbilt, Denise Barnes, Jose F. Moreno, and Stephen Faessel.
STAFF PRESENT: City Manager Paul Emery, Acting City Attorney Kristen Pelletier, and City
Clerk Linda Andal.
ADDITIONSIDELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION: At 4:02 P.M., Mayor Tait recessed to closed session for consideration of
the following items:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Talmadge Price, et al. v. City of Anaheim, et al., Orange County
Superior Court, Civil Complex Center Case No. 30-2016-00869305-CU-WM-CXC
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: Deckard, et al. v. City of Anaheim, et al., Orange County Superior
Court, Court Case No. 2015-00819021
At 5:14 P.M., the City Council session was reconvened.
INVOCATION: Pastor Carl McAulay, The Rock Church
FLAG SALUTE: Council Member James Vanderbilt
PRESENTATIONS: Holiday Lights Winners
Sandra Sagert, Community Preservation Manager and President of Anaheim Beautiful,
announced the winners of the Holiday Lights competition, explaining the process and
highlighted a new category for LED lights due to Anaheim Public Utilities sponsorship and
holiday light exchange program.
City of Anaheim Annual Giving Campaign Check Presentation
Debbie Moreno, Finance Director, presented checks to Anaheim Community Foundation,
Anaheim Health Charities of California, and Orange County United Way, thanked City
employees for their volunteer hours and monetary donations, and acknowledged local
businesses for their support, announcing this year the charity campaign raised $70,700.
City Council Minutes of December 20,2016
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At 5:31 P.M., the Anaheim Housing Authority was called to order (in joint session with the
Anaheim City Council).
ADDITIONS/DELETIONS TO THE AGENDAS:
City Clerk Linda Andal reported Item Nos. 5 and 53 were being withdrawn by staff and Item
No. 52 was requested by the applicant to be continued to February 28, 2017. She also
informed that the city was experiencing technical difficulties with the video live-stream but staff
was working diligently and hoped to have the issue resolved soon.
PUBLIC COMMENTS: Prior to receipt of public comments, a brief decorum statement
was provided by City Clerk Linda Andal.
Lillian Forry explained she did not want to lose the parking lot at the senior center, cited issues
many senior citizens face when using parking structures, and expressed concerns about safety
and accessibility.
R. Joshua Collins, Homeless Advocates for Christ, read from the Bible and requested a meeting
to discuss the homeless and asked Council to repeal current laws regarding confiscation of
property and reimbursement to certain homeless persons whose property had been taken.
Gail Strachen, Anaheim Senior Citizens Club president, spoke against the proposed condo
development and loss of the parking lot for the senior center, explaining the potential loss of
club membership and event attendance. She further explained many seniors did not have a
handicapped parking placard but still had difficulty walking, which would be greater if required to
park in a parking structure at a greater distance.
Mark Daniels expressed his pride with the district election process and welcomed the new
Council members.
Larry Larson discussed the district election process, welcomed the new Council members, and
encouraged them to represent the entire city and make positive contributions.
Bryan Kaye submitted documents to the Council and spoke about his current interactions with
the Police Department and City Attorney's office.
Barbara Hershey expressed concerns about the homeless and suggested asking Florida cities
for ideas on how to help.
Dr. Cynthia Smith, Creative Identity Program Director, handed out brochures to the Council and
explained how their therapeutic and expressive arts programs for adults with intellectual and
developmental disabilities was searching for a new location due to a rent increase at their
current location. She asked for help in finding a location in Anaheim so they could continue to
provide access to fine arts education and prevocational training.
Mayor Tait asked how much square footage was needed, with Dr. Smith stating they
currently had about 6,000 square feet but could downsize to about 3,000 square feet.
Mayor Tait directed the City Manager to look into whether the City or Anaheim Housing
Authority had any vacant buildings that could be used and also asked the audience for
assistance. Dr. Smith provided their website www.creativeidentity-oc.org.
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City Clerk Linda Andal announced the video live-stream was resolved and online.
Judith Gollette, Creative Identity, submitted letters and requested assistance to find a new home
for Creative Identity, providing information about the programs and explaining it is a nationally-
awarded musical training program where interns come from nationwide to work with
clients/family members.
Regina Mundekis, regarding Item No. 43, spoke of actions at the Orange County Fairgrounds of
hiring non-local workers and viewed it as hypocritical for building trades to request subsidies for
luxury hotel developments if local-hire practices were not being followed elsewhere.
Mike Robbins submitted documents and requested Council pull Item No. 39 regarding Short
Term Rentals (STRs) as he believed there were national solutions not reflected in the local
ordinance. He further discussed issues he saw facing the Police Department with regards to
officer-involved shootings, the Ku Klux Klan event, and actions by Chief Quezada.
Duane Roberts thanked members of the Public Safety Board (PSB)for its unanimous vote
requesting the City Manager to authorize the Office of Independent Review to audit the Human
Resources investigation of his complaint against Chief Quezada, citing additional evidence that
had been discovered since the complaint was initially filed, and requested Council ask Mr.
Emery if he intended to authorize the OIR review and, if he refused, to take action to terminate
his employment.
Jeanine Robbins asked Council to pull Item No. 39 for more discussion due to poor Code
Enforcement of the current ordinance.
William Fitzgerald, Anaheim HOME, spoke about alleged Disney involvement with elections and
City staff and recommended staff members be replaced.
Ron Bengochea congratulated the Council members on their election and encouraged them to
look at Anaheim as a whole when making decisions, rather than just their districts.
Alicia Ramirez, regarding Item No. 34, expressed her frustration with the permit parking process
for S. Claudina St. and requested if her street was tabled for resurveying that the process be
expedited since the neighborhood had been trying to get permits since January 2016. She
further requested additional permits per home without driveways and more than 25 visitor
permits per year.
Mayor Tait reported he and Mayor Pro Tern Kring had met with a group of residents from
Claudina Street, noted some flaws in the survey process, and wanted to ensure most
people got what they wanted.
Geoff Rizzie submitted a letter and discussed parking issues on Juno Avenue where
surrounding permit parking zones have resulted in minimal parking available for residents,
causing illegal alley parking and safety hazards. He provided statistics of available parking for
single-family residences and multi-family residences and shared his belief that the process was
unfair, irrational, and handled improperly by staff.
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Renee Rizzie expressed her concerns regarding possible permit parking on Juno Avenue,
stating all residents should be involved, not just half, and requested a meeting to find a solution
that would work for everyone.
Mayor Tait asked Public Works Director Rudy Emami to research this issue and report
back to the Council, confirming it was not on the current agenda.
Fernando Vidal (partial translation: Spanish) described parking problems on Juno Avenue and
asked for assistance.
Miguel Chavez spoke to parking issues on Juno Avenue, citing people who come from other
permit-parking streets to park, and asked for assistance.
Hector Rocha asked Council for assistance with parking in the Mayfair and La Palma area,
where most residences are apartments with only one parking space but families have more than
one car, stating parking tickets were negatively impacting the families who lived there.
Mayor Tait recommended Mr. Rocha meet with Mr. Emami to discuss and explained the
City was researching various potential solutions and best practices to meet the City's
needs regarding parking. Council Member Moreno clarified that this speaker was
discussing an area in District 3 near Anaheim Medical Center and the previous speakers
were concerned with Juno Avenue near Ball and Loara in District 4.
Brianna Rojas thanked Mayor Tait for supporting Anna Drive and the surrounding communities
through speed bumps, youth activities, and donations, and gave him a gift.
Yesenia Rojas thanked the Mayor and City Council for supporting the Anna Drive community,
gave Mayor Tait a heart sculpture, and invited everyone to a posada on December 22nd with
food and a toy drive.
Daniel Ayala, Anaheim High School student and OCCO representative, described his
involvement with civic engagement and requested the formation of a youth commission to
encourage the youth to participate in their city.
Jazmin Crespo, OCCO intern, asked Council to be more involved with the youth and advocate
on their behalf as well as including the youth in decisions.
Shakeel Syed, OCCORD, asked Council to table Item No. 39 and only bring the issue back if it
were a permanent ban on STRs in Anaheim. He further congratulated the Council for
considering Item No. 44 to establish a task force for Anaheim as a Welcoming City and
suggested ten items for the task force to consider as part of their report and recommendations.
Grant Henninger, regarding Item No. 48 Boards and Commissions, stated his belief that
perspectives from across the City was valuable to help members make better recommendations
and better decisions, and recommended if the structure of boards and commissions was
changed, to have commissioners appointed directly by each district Council Member and allow
the at-large Council Members to act as representatives for District Nos. 2 and 6, until 2018.
Victoria Vidrio welcomed the new Council Members and requested transparency, assistance for
the homeless, and a ban on STRs.
City Council Minutes of December 20, 2016
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Robert Rizzie, apartment owner on Juno Avenue, submitted documents and discussed the
results of his survey regarding parking in his neighborhood, believing a better plan was needed
to address parking and to not discriminate against low-income renters.
Ada Briceno, UNITE HERE Local 11 secretary/treasurer, congratulated the newly elected
Council Members and encouraged residents to bring their issues to City Council and continue
pushing for solutions. She requested Item No. 39 be pulled for further discussion and
assurances it would have ample teeth to address neighborhood needs and thanked the Mayor
and Council Member Moreno for considering a Welcoming City task force.
Arturo Ferraras congratulated the new Council Members from each district and encouraged
them to work with developers to ensure adequate parking was provided in new developments in
order to not create more problems.
Austin Lynch, UNITE HERE Local 11, disagreed with the removal of website responsibility in
Item No. 39 regarding STRs, offered to provide language addressing that issue, and requested
the item be tabled until stakeholders could provide input and websites could still be held
accountable rather than putting all burden on homeowners. He expressed further concern with
providing staff discretion to extend the application period for hardship extensions.
Gretchen Shoemaker requested reinstatement of hours and pay for the Mayor's assistant and a
historian job for Mark Daniels.
Vern Nelson, District 5 resident, requested Council direct the City Manager to allow the PSB to
continue oversight without obstruction, recommended David Zenger to serve as the Orange
County Water District representative, requested ceasing enforcement of the anti-camping
ordinance until the weather improved and more options were available, and invited everyone to
the National Homeless Persons Memorial Day event.
Rene Villalobos Flores described his experience with parking issues around the apartment
complex he manages on Mayfair Avenue, explaining the costs of citations on working people.
Stephanie Torres requested more resources, advocacy, support, and programs in the summer
for young people to provide better opportunities.
Cynthia Ward requested shorter agendas or more time to speak on each item and offered
comments on the following: Item No. 41, recommended changing the Mayor's assistant to a full
time or full time-equivalent position rather than a dollar amount change to provide the Mayor
with the assistance needed to perform his job; Item No. 36, requested enforcement of the
Conflict of Interest Policy, citing her experience with requesting copies of Forms 700 for
contractors; and Item No. 43, suggested Council investigate the Hotel Incentive Policy rather
than rescinding it to determine if negligence or fraud occurred.
Yolanda Delgado submitted a letter in regards to Item No. 34, stating she had just received it
with no postage and did not get enough notification regarding the permit parking for her
neighborhood. She stated her belief that permits were not necessary on Lorraine but
surrounding streets needed permit parking due to increased parking from apartments.
City Council Minutes of December 20, 2016
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Mayor Pro Tern Kring referenced a community meeting about this area and that it has
been removed from the agenda, referring Ms. Delgado to Mr. Emami.
Michael Diehl suggested setting up compounds using military tents to house the homeless to
provide safety and eliminate eye sores until Council could determine a resolution.
Lou Noble read a scripture and stated safe zones were needed for the homeless.
Masih Fouladi, CAIR, commented that Item No. 44 was a step in the right direction to address
the spike of hate crimes and incidents facing immigrants and suggested Welcome Anaheim
should involve diverse members to hold City Council accountable, should be in place prior to the
presidential inauguration, and be provided resources to make its recommendations as soon as
possible.
"The Camera Man" welcomed the new Council Members, stated Ordinance 6281 regarding
marijuana needed to be evenly enforced, and requested accountability within the Police
Department.
Robert Williams congratulated the new Council Members and suggested Item No. 40 be tabled
to allow a comprehensive review of all Council policies rather than addressing them in a
piecemeal fashion. He recommended Council Member Vanderbilt for appointment as Mayor
Pro Tem in Item No. 47 and suggested qualified people be appointed to the regional boards and
commissions.
Luisa Lam requested Item No. 39 be tabled so as to not water down resident efforts for the past
year and a half and not to allow the Planning Director sole discretion regarding extensions. She
further asked Council to listen the parking issues, ensure the Police Department had good
leadership, and supported Item No. 41 for the Mayor's assistant.
Brian Chuchua welcomed the new Council Members, requested meetings start at 6:00 P.M. to
allow for more public attendance, and questioned the jurisdiction over the riverbank homeless
encampment.
A male speaker hoped Council would make changes and good decisions to address issues
such as the collapse of the middle class, a corrupt political system, climate change, gang
injunctions, and jobs and education for the youth.
Donna Acevedo Nelson, District 5 resident, thanked Council Members Vanderbilt, Moreno, and
Faessel for attending the recent PSB meeting, asked for future PSB meetings to be recorded for
accountability and transparency, and requested Council overturn the ordinance against the
homeless for the winter.
Dr. Patricia Adelekan welcomed the new Council Members and looked forward to a good year
ahead.
Greg Diamond read a statement from Cynthia Ward regarding possible eminent domain issues
with the streetcar project and Disney's Eastern Gateway. He commented that the Interim City
Attorney was working under an at-will contract and would not receive compensation if
terminated, his belief that the Mayor did not have the power to ask the City Manager to place
City Council Minutes of December 20, 2016
Page 7 of 29
items on the agenda which other Council Members did along with requesting an item during a
Council meeting, and that the Mayor's assistant deserved a raise.
COUNCIL COMMUNICATIONS: None.
CITY MANAGER'S UPDATE:
Paul Emery, City Manager, provided status of various items requested by Council at the
December 13, 2016 meeting, including: Youth Commission, Transparency/Sunshine ordinance,
Public Safety Board review, City expenditures over $50,000, permit parking, a strategic plan for
parks, and a policy for allocation of potential Transient Occupancy Tax (TOT) revenue growth.
At 7:52 P.M. Mayor Tait recessed the City Council to address the Anaheim Housing Authority
agenda and reconvened the City Council in joint session with the Anaheim Housing Authority for
purposes of a joint public hearing at 8:00 P.M.
JOINT PUBLIC HEARING:
Withdrawn by staff.
A123 5. Joint public hearing of the Housing Authority and City Council to approve a Disposition
and Development Agreement, in substantial form, between the Authority and Brookfield
Anaheim Community Square, LLC for the sale and development of a housing project
(located to the east of the City Hall parking structure and the Community Center, and
bounded by Broadway to the south, Center Street to the north and Olive Street and the
alley to the east) and a Cooperation Agreement between the Housing Authority and the
City for the relocation of the current Broadway skate park with a new skate park located
adjacent to the Anaheim Cultural Arts Center, located on Lincoln Avenue (continued
from November 1, 2016, Item No. 02).
Joint Public Hearing Item No. 5 was withdrawn by staff. No action was taken by the Anaheim
Housing Authority or City Council.
With no further business before the Anaheim Housing Authority, without objection, the Housing
Authority was adjourned at 8:01 P.M.
CONSENT CALENDAR: Council Member Vanderbilt removed Item No. 07; Council
Member Moreno removed Item Nos. 08, 27, 32, 33, and 34; Mayor Tait removed Item No. 22;
and Mayor Pro Tern Kring removed Item No. 39 from the consent calendar for further
discussion. Mayor Pro Tern Kring then moved to waive reading in full of all ordinances and
resolutions and to adopt the balance of the consent calendar as presented, in accordance with
reports, certifications and recommendations furnished each city council member and as listed
on the consent calendar, seconded by Council Member Faessel. Roll Call Vote: Ayes— 7:
(Mayor Tait and Council Members: Kring, Murray, Vanderbilt, Barnes, Moreno, and Faessel).
Noes — 0. Motion Carried.
B105 6. Receive and file minutes of the Public Utilities Board meeting of October 26, 2016.
9. Approve the Investment Portfolio Report for November 2016.
D117
City Council Minutes of December 20, 2016
Page 8 of 29
D117 10. Approve the 2017 Investment Policy for the City.
D180 11. Accept the lowest responsive bid from Advanced Pools and Spas, Inc., in the amount of
$180,888.67, for services and materials to replace the piping and pool room equipment
for the Pearson Park swimming pool, in accordance with Bid #8835.
12. Accept the lowest responsible and responsive bid of Intelinet, Inc., in the amount of
D180 $119,198, for the purchase and installation of fiber optic cable at various City facilities
including City Hall, Anaheim West Tower and the Main Police Station, and authorize the
Purchasing Agent to execute the Purchase Order, in accordance with Bid #8832.
D180 13. Accept the lowest responsive bid of NorthStar Medical Equipment, in the amount of
$117,030 plus applicable tax, for the purchase of Automated External Defibrillators
(AED) and related accessories for the City and authorize the Purchasing Agent to
execute the Purchase Order in accordance with Bid #8834; and preauthorize the
Purchasing Agent to award a contract to provide an AED online management system,
in the approximate amount of$25,000, for one year with five one-year renewal options,
to the lowest responsive and responsible bidder, upon receipt and evaluation of all bids,
without requiring Council approval of the recommended bid award, and authorize the
Purchasing Agent to exercise the renewal options.
D180 14. Waive the sealed bidding requirement of Council Policy 4.0 and authorize the
Purchasing Agent to issue a purchase order to Westnet, Inc., in the amount of$293,901
including sales tax, for the upgrade of the fire alerting system equipment, installation,
technical support and onsite warranty service for one year at various Fire Stations for
the Anaheim Fire and Rescue Department.
15. Ratify the purchase order to Innovative Engineering and Maintenance Corporation, in
D180 the amount of$43,900.28, for high-pressure welding services to repair boiler tube leaks
at the Anaheim Combustion Turbine Generator, accept the bid of Innovative
Engineering and Maintenance Corporation, in an amount not to exceed $167,000, for
future boiler tube leak repair services for a one year period with four one-year optional
renewals and authorize the Purchasing Agent to exercise the renewal options, in
accordance with Bid #8826.
16. Approve the Agreement for Acquisition of Real Property with Jose Arreguin, Jr.,
AGR- Trustee, in the acquisition payment amount of$112,000, for partial acquisition of real
10427 property located at 1007 East North Street for a permanent street and utility easement
and temporary construction easement for the Safe Route to Schools Sidewalk Gap
Closure Project along the south side of
La Palma Avenue from East Street to 500 feet west of East Street (R/W ACQ 2013-
00478).
City Council Minutes of December 20, 2016
Page 9 of 29
AGR- 17. Approve the Agreement for Acquisition of Real Property with Eduardo Robles, in the
10428 acquisition payment amount of$97,200, for partial acquisition of real property located at
1015 East North Street for a permanent street and utility easement and temporary
construction easement for the Safe Route to Schools Sidewalk Gap Closure Project
along the south side of La Palma Avenue from East Street to 500 feet west of East
Street (RNV ACQ 2013-00479).
AGR- 18. Approve the Agreement for Acquisition of Real Property with Steven M. Smith and Tori
10429 Smith, in the acquisition payment amount of$138,000, for partial acquisition of real
property located at 1019 East North Street for a permanent street and utility easement
and temporary construction easement for the Safe Route to Schools Sidewalk Gap
Closure Project along the south side of La Palma Avenue from East Street to 500 feet
west of East Street (R/W ACQ 2013-00480).
19. Approve the Agreement for Acquisition of Real Property with Pedro Chavez and Elodia
AGR- Chavez, in the acquisition payment amount of$111,000, for partial acquisition of real
10430 property located at 1025 East North Street for a permanent street and utility easement
and temporary construction easement for the Safe Route to Schools Sidewalk Gap
Closure Project along the south side of
La Palma Avenue from East Street to 500 feet west of East Street(R/W ACQ 2013-
00481).
20. Approve the Settlement Agreement and Release with Susan M. Waters and William T.
AGR Waters, in the settlement payment amount of$150,000, for the purchase of real
10431 property located at 2501, 2507, and 2613 East Ball Road for a street and public utility
easement and a temporary construction easement for the Ball Road and Sunkist Street
Intersection Improvement Project (R/W ACQ 2015-00584, 585, and 586).
AGR-
5155.11.B; 21. Approve agreements with EEC Environmental, Recupero and Associates, Inc., AMEC
AGR- Foster Wheeler Environment and Infrastructure, Inc., Fuscoe Engineering, Inc., GSI
5155.1.6; Environmental, Inc., and GHD, Inc., each in an amount not to exceed $400,000, for on-
AGR-7476.A; call support with Clean Water Act related permit compliance programs for one yearAGR-7477.A;
AGR-10432; period with four one-year optional renewals.
AGR-10433
AGR- 23. Approve the engineering services agreement, with Biggs Cardosa Associates, Inc., in
10435 the amount of$204,980, for the 2016 Bridge Preventative Maintenance Program to
extend the service life of nine city bridges (Tustin Avenue over the Santa Ana River;
Kraemer Boulevard over the Carbon Canyon Channel; Weir Canyon Road over the
Santa Ana River; Lakeview Avenue over the Santa Ana River; Crowther Avenue over
the Carbon Canyon Channel; Magnolia Avenue over the UPRR; Southbound
Disneyland Drive over Disneyland Park Traffic; Disneyland Flyover over Ball Road;
Northbound Disneyland Drive over the Disneyland Tramway Road).
AGR- 24. Approve and authorize the Executive Director of the Convention, Sports &
5404.A.3 Entertainment to execute the Third Amendment to the Agreement with Audio Visual
City Council Minutes of December 20,2016
Page 10 of 29
Services Group, dba PSAV Presentation Services (PSAV), any related documents,
including actions necessary to implement and administer the amendment to extend the
agreement one year through March 14, 2018 for the continued rights to be named the
preferred audio visual service and exclusive rigging service in designated areas of the
Convention Center.
AGR- 25. Approve Amendment No. 5 to Co-Operative Agreement C-9-0448 which will extend the
5407.5 Anaheim Regional Transportation Intermodal Center project funding agreement with the
Orange County Transportation Authority an additional twelve months through
December 31, 2017 to allow for project close-out activities.
26. RESOLUTION NO. 2016-230 A RESOLUTION OF THE CITY COUNCIL OF
D182 THE CITY OF ANAHEIM consenting to the inclusion of properties within the territory of
the City of Anaheim in the California Statewide Communities Development Authority
(CSCDA) Open Property-Assessed Clean Energy (PACE) Program; authorizing the
CSCDA to conduct contractual assessment proceedings and to levy contractual
assessments within the City of Anaheim in accordance with the California Streets and
Highways Code; and approving participation agreements for the CSCDA Open PACE
Program and authorizing the City Manager to execute the agreements and any
amendments or related documents and take such actions as necessary to implement
and administer the agreements (voluntary upfront funding with no City financial
commitment for solar installations as well as other energy and water-saving
improvements).
28. RESOLUTION NO. 2016-232 A RESOLUTION OF THE CITY COUNCIL OF THE
P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
real properties or interests therein (City Deed Nos. 12035, 12036, 12037, 12038,
12039, 12040, 12041, and 12042) (Safe Route to Schools Sidewalk Gap Closure
Project along the south side of La Palma Avenue from East Street to 500 feet west of
East Street).
29. RESOLUTION NO. 2016-233 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
interests in real property(City Deed Nos. 12043, 12044, 12045, 12046, 12047, 12048,
and 12049) (current and future placement of water and electric equipment for the
provision of utility service).
R100 30. RESOLUTION NO. 2016-234 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the Director of Public Works or Designee to submit one
improvement project grant application to the Orange County Transportation Authority
for funding under Project 0 —The Regional Capacity Program under Measure M2 on
behalf of the City of Anaheim, and if awarded, authorize the acceptance of such grant
on behalf of the City and amend the budget for the fiscal year accordingly.
City Council Minutes of December 20, 2016
Page 11 of 29
D175 31. RESOLUTION NO. 2016-235 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting the Measure M2 Expenditure Report and authorizing
the City of Anaheim Finance Director to sign and submit the Expenditure Report to the
Orange County Transportation Authority on behalf of the City of Anaheim.
C350; 35. RESOLUTION NO. 2016-239 A RESOLUTION OF THE CITY COUNCIL OF THE
C340 CITY OF ANAHEIM adopting the Mitigated Negative Declaration and Mitigation
Monitoring Plan for the Lincoln Avenue Street Widening Project and making the
required environmental findings pursuant to the California Environmental Quality Act
(CEQA) (Lincoln Avenue Street Widening Project from East Street to Evergreen Street).
36. RESOLUTION NO. 2016-240 A RESOLUTION OF THE CITY COUNCIL OF
E150 THE CITY OF ANAHEIM approving amendments to the Conflict of Interest Code for the
city and various city agencies.
M142 37. ORDINANCE NO. 6390 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM amending Section 3.32.090 of Chapter 3.32 of Title 3
(Business Licenses) and various sections of Title 18 (Zoning) of the Anaheim Municipal
Code relating to the licensing, siting and operation of massage establishments and
finding and determining that this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of
the State CEQA guidelines, because it will not result in a direct or reasonably
foreseeable indirect physical change in the environment and is not a project, as defined
in Section 15378 of the CEQA Guidelines (Zoning Code Amendment 2016-00135)
(Introduced at the Council meeting of November 22, 2016, Item No. 35).
38. ORDINANCE NO. 6391 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280; ANAHEIM amending Subparagraph .05 of Paragraph .0602 (Conditionally Permitted
C420 Signs) of Subsection .060 (Business And Identification Signs) of Section 18.114.130
(Sign Regulations) of Chapter 18.114 18.114 (Disneyland Resort Specific Plan No. 92-1
(SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim
Municipal Code to permit an increase in the height of icon/themed signage elements for
the Anaheim Gardenwalk Project, and finding and determining that this ordinance is
categorically exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15311 of the State CEQA Guidelines (Adjustment No. 10
to the Disneyland Resort Specific Plan No. 92-1 (SP 92-1)) (Zoning Code Amendment
No. 2016-00134; to allow a water tower sign for the House of Blues) (Introduced at
Council meeting of November 22, 2016, Item No. 36).
END OF CONSENT CALENDAR:
D116 7. Approving a recognition to be presented at a later date recognizing Orange Unified High
School District and the CARE program volunteers for their facilities bond measure
efforts.
City Council Minutes of December 20, 2016
Page 12 of 29
DISCUSSION: Council Member Vanderbilt explained he had pulled this item for clarification
regarding potential political aspects and expressed concern about the separation of the
functions of a government agency and the functions of a political group.
Council Member Murray responded her request was to honor the Orange Unified School District
(OUSD) and volunteers, some of whom were part of a grassroots organization called CARE,
who worked to get the first bond adopted in 60 years, and would not utilize any public funds for
the recognition.
Mayor Tait commented the City should not take a position on political issues.
MOTION: Council Member Vanderbilt move to approve the recognition as amended to remove
the CARE organization and recognize the school district and the parents and children of the
community, seconded by Council Member Murray.
Council Member Moreno cited precedent for recognizing other entities for political outcome and
suggested tabling the item in order to include all groups who supported all bond measures
across the city to improve school facilities. Council Member Murray indicated she would support
future recognitions brought forward but wished to move forward with this particular recognition.
Mayor Tait stated individual Council Members could recognize election volunteers but believed
it was not the business of the entire Council to get involved with political campaigns or races.
Council Member Murray explained other politically active organizations, such as Anaheim Bros,
had already been recognized and believed it was important to honor youth of community and
their work.
Mayor Pro Tem Kring indicated her support for the recognition due to the unique nature of finally
passing a bond for OUSD after 60 years.
Mayor Tait stated he would oppose the recognition, believing it would create a bad precedent.
RESTATED MOTION: City Clerk Linda Andal restated the motion as approving a recognition
for OUSD and volunteers for their civic engagement, clarifying that the CARE organization and
bond measure were removed.
ROLL CALL VOTE: AYES — 6 (Mayor Tait and Council Members Kring, Murray, Vanderbilt,
Moreno, and Faessel). NOES — 0. ABSTAIN — 1 (Council Member Barnes). Motion carried.
D116 8. Approve the list of recurring annual recognitions for the 2017 calendar year and
authorize staff to issue these recognitions accordingly.
MOTION: Mayor Tait moved to approve Item No. 8 and add the additional recognition of April as
Arab American Heritage Month, seconded by Council Member Moreno. Approved Vote: 7-0.
AGR- 22. Approve an agreement with Social Model Recovery Systems, Inc., in an amount not to
10434 exceed $400,000, for services to implement the Drug Free Anaheim program for a
maximum period of four years with three one-year optional renewals and authorize the
Chief of Police, or his designee, to administer the agreement and execute any
amendments or optional renewals under the terms and conditions of the agreement.
City Council Minutes of December 20, 2016
Page 13 of 29
Police Chief Raul Quezada explained this item was to award a service contract to provide
qualifying clients drug treatment placement and follow-up case management services as part of
the Drug Free Anaheim program. Chief Quezada provided background that Mayor Tait
announced Drug Free Anaheim at the 2016 State of the City, noting the program was modeled
after successful East Coast programs and provided a path to sobriety and an alternative to
criminal prosecution for those who proactively sought assistance. He advised that unless the
person was wanted for another crime or under the influence to a degree to cause harm, they
would be referred to Social Model Recovery Systems which would perform an initial intake
screening, identify available facilities and options, maintain a list of service providers and make
timely and appropriate referrals. They would further develop and deliver public awareness
materials and information, maintain aggregate statistics, and provide case management and
follow- up activities to maximize successful outcomes and reduce recidivism. Chief Quezada
reported the City has received three bids with Social Model selected to provide services, the
most qualified with the most experience in the field, and having the most competitive prices.
Social Model was established in 1987, had 176 full-time employees, and had assisted over
3,000 individuals and families in Los Angeles and Orange County. If approved, the agreement
was in a not-to-exceed amount of$400,000 with three optional one-year renewals, which Chief
Quezada believed would fill the gap to reduce and prevent crime and be implemented in a
manner to serve as a model for the region.
Mayor Tait thanked Chief Quezada for bringing this item forward to assist those seeking help,
treat drug addiction in a holistic way, and continue the tenets of the City of Kindness.
Council Member Vanderbilt spoke about a correlation between substance abuse and
homelessness and believed this program would help address that situation. He noted the
contractor was required to collect data and requested the data be forwarded to the City Council
to help answer questions about available programs, with Chief Quezada stating general
number, cognizant of keeping HIPAA information confidential, could be brought forward.
MOTION: Mayor Tait move to approve the agreement with Social Model Recovery Systems,
Inc. and direct staff to forward data reports to Council, seconded by Council Member Faessel.
Council Member Murray provided her support for the program and questioned the funding to
sustain the program going forward. Chief Quezada explained the first year was budgeted
through restricted asset forfeiture funds, but renewals may seek use of General Fund dollars in
order to maximize the use of restricted funds but noted the Police Department was committed to
continuing the program as a preventative measure.
APPROVED VOTE: 7-0. Motion carried.
D182 27. RESOLUTION NO. 2016-231 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting amendments to the 2015 Urban Water Management Plan
and authorizing the Public Utilities General Manager or designee to file the
amendments and take such other necessary actions to implement and administer the
amended plan.
Public Utilities General Manager Dukku Lee reported this item was to consider proposed
amendments to the City's 2015 Urban Water Management Plan, as requested by the California
Department of Water Resources. He reported that water agencies are required to prepare a
City Council Minutes of December 20,2016
Page 14 of 29
long-term outlook of its water supplies every five years and file their plan with the State, which
also helped the City be qualified for state grants. Mr. Lee further explained that after Anaheim's
2015 plan was adopted by Council in June 2016 and submitted to the State, the Public Utilities
Department received an advisory letter recommending amendments to clarify some specific
water reduction methods implemented during water shortages and to correct a data entry error
in the written report that did not match what was submitted online. The Utilities staff had made
requested changes which had been found acceptable by the State, conducted a public hearing
on November 16, 2016 where no public comments were received, and now sought Council
approval. He concluded that the amendments did not change the findings of the 2015 water
plan which demonstrated that Anaheim will have sufficient and reliable water supplies to meet
its projected demands through 2040.
DISCUSSION: Council Member Moreno asked how partnerships were maximized, citing
concerns with water usage at Disney properties and water recapturing methods. Mr. Lee
explained much of the water waste was funneled into a local facility in Fountain Valley which
recycled it and pumped it back to Anaheim's settlement basin to recharge the groundwater
basin which provided approximately 75% of the city's water supply. In response to Council
Member Moreno's questions about how the City may benefit from technology used by Disney,
Mr. Lee provided examples of different ways to capture greywater including rainwater barrels
provided to residents, a water recycling facility next door to City Hall used for irrigation with a
plan to extend it to Pearson Park, and noted some methods used within the Resort may not be
applicable to smaller sites. Michael Moore, Assistant General Manager, Water Services,
explained the primary technology used was the Groundwater Replenishment System, used by
north Orange County cities which blocked the storm drain system and diverted wastewater to
the sewer system and the regional wastewater treatment plant for recycling and pumping back
into the groundwater system, stating the process of expanding the system by 30% was
scheduled for completion in 2019.
MOTION: Council Member Moreno moved to approve Item No. 27, seconded by Mayor Pro
Tern Kring. APPROVED VOTE: 7-0. Motion carried.
D175 32. RESOLUTION NO. 2016-236 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM expanding Permit-Eligible Parking District No. 32 and
designating Ward Terrace from New Avenue to Sunkist Street, Tower Court from Ward
Terrace to the end of the cul-de-sac, Olympia Court from Ward Terrace to the end of
the cul-de-sac, Normandy Court from Ward Terrace to the end of the cul-de-sac, and
the west side of Sunkist Street from Ward Terrace to 101 South Sunkist Street as
"Permit Parking Only" streets within Permit-Eligible Parking District No. 32 and
determine the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Regulation No. 15061(b)(3).
Council Member Moreno requested to discuss Item Nos. 32, 33, and 34 together to address the
parking situation in neighborhoods, address the needs of residential homes and apartment
renters, and not create additional problems; and he questioned the urgency of these three
items.
DISCUSSION: City Manager Paul Emery explained homeowners had gone through a lengthy
process of petitioning the city over many months and this was culmination of those efforts. He
City Council Minutes of December 20, 2016
Page 15 of 29
offered to develop and schedule a workshop to provide the history of the permit parking
program, how it had evolved, and programs and opportunities in the future.
Council Member Moreno expressed concerns with unintended consequences of pushing certain
residents further from their homes to park and questioned mitigation measures while honoring
the process residents had completed.
Public Works Director Rudy Emami explained this was a difficult situation and staff was aware
of the consequences, having heard compelling stories from both sides trying to address this
issue. He explained that while some burden was being transferred to adjacent neighborhoods,
the program also put some pressure on the owners of multi-family units to require their tenants
use their garages for parking rather than storage and to provide free parking spaces to their
tenants as originally required by the Anaheim Municipal Code.
Mayor Pro Tem Kring expressed concern with the entire City potentially being permit parking
and apartments and requested a more global view of the entire city's parking. In response to
her question regarding Item No. 34, Mr. Emami explained that staff had met with certain
residents around Claudina who wished for the rest of the neighborhood to move forward in the
process, to which Mayor Pro Tem Kring requested Claudina be removed from that item to allow
for more options and looked forward to the workshop to assess the overall program.
Council Member Moreno highlighted his concerns about all three areas and questioned if
removing Claudina would cause the problem to worsen or become more dangerous due to more
cars parking there. Mr. Emami stated that had been brought to the attention of the
neighborhood as no short term parking or different hours for adjacent streets could cause such
issues. He noted that additional meetings were necessary to reach an agreement regarding the
hours for permit parking since the neighborhood met the 75% threshold for implementation but
had concerns about day-time parking and the number of guest permits allowed.
Council Member Vanderbilt cited extremes of crowded streets and empty streets and asked for
consideration of only allowing midnight to 6 A.M. in lieu of 24-hour permits.
Mayor Pro Tern Kring cited possible issues with day-time workers serving houses in jeopardy of
getting tickets with 24-hour permits, but agreed the process should be completed for areas who
had worked on this for months.
Mayor Tait requested a pause on future applications in order to fully study the issue and
determine a global solution. In response to Council Member Faessel, Mr. Emami reported there
were 50-60 applications being processed.
MOTION: Mayor Tait moved to approve Item No. 32, seconded by Mayor Pro Tern Kring.
APPROVED VOTE: 7-0. Motion carried.
D175 33. RESOLUTION NO. 2016-237 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM designating Bel Air Street between Polk Avenue and north city
limit, Polk Avenue from Bel Air Street to east end of street, Tyler Avenue from Bel Air
Street to east end of street, Monroe Avenue from Bel Air Street to east end of street,
Coolidge Avenue from Bel Air Street to east end of street as "Permit Parking Only"
street within Permit-Eligible Parking District No. 28 ("Bel Air").
City Council Minutes of December 20, 2016
Page 16 of 29
See discussion for Item No. 32 above.
MOTION: Mayor Tait moved to approve Item No. 33, seconded by Mayor Pro Tem Kring.
APPROVED VOTE: 7-0. Motion carried.
D175 34. RESOLUTION NO. RES-2016-238 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM expanding Permit Parking District No. 38 and designating
Florence Avenue from Claudina Street to Philadelphia Street, Narda Street from
Claudina Street to Philadelphia Street, Claudina Street from Vermont Avenue to
Street "Permit Parking Only" Street within Permit Parking District No. 38 and determine
the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Regulation No. 15061(b)(3).
See discussion for Item No. 32 above.
MOTION: Mayor Pro Tern Kring moved to approve Item No. 34 as amended, removing
"Claudina Street from Vermont Avenue to Charlotte Avenue and Lorraine Drive from Claudina
Street to the alley west of Claudina Street," seconded by Council Member Faessel.
DISCUSSION: Council Member Moreno requested the residents be made aware of potential
consequences and for no citations to be issued during the holidays. Mr. Emery suggested the
two remaining streets could be expedited and brought back following a community meeting.
APPROVED VOTE: 7-0. Motion carried.
39. ORDINANCE NO. 6393 (INTRODUCTION) AN ORDINANCE OF THE CITY
M142 COUNCIL OF THE CITY OF ANAHEIM deleting Section 4.05.120 and amending
Sections 4.05.100, 4.05.110, 4.05.130, 4.05.140 and 4.05.180 of Chapter 4.05 (Short-
Term Rentals) of Title 4 (Business Regulation) of the Anaheim Municipal Code relating
to Short-Term Rentals, and finding and determining that this ordinance is not subject to
the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2)and
15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or
reasonably foreseeable indirect physical change in the environment and is not a project,
as defined in Section 15378 of the CEQA Guidelines.
Planning and Building Director David Belmer provided historical information that City Council
had adopted two ordinances regarding Short-Term Rentals (STRs). The first, on July 12, 2016,
generally known as the "regulate and ban" and "amortization" ordinances, prohibited any new
STRs and established operational and enforcement protocols aimed at bringing relief to
residents for impacts and the second ordinance, phased out existing STRs on an 18-month
schedule expiring in February 2018, subject to the ability to apply for hardship extension on a
case-by-case review. The proposed ordinances included three clean up amendments, as
follows: 1) remove hosting platform provisions —following a lawsuit by Airbnb stating such
provisions violated federal law, the City Attorney's office agreed to not enforce those provisions
until amended out of the ordinance, while still allowing enforcement against the properties
themselves which are not permitted but advertise online; 2) remove the provision for warrantless
City Council Minutes of December 20, 2016
Page 17 of 29
searches —The City prevailed through two rounds of legal challenges by the STR operators, but
during the issuance of a preliminary injunction the judge expressed concerns with Fourth
Amendment rights via unnoticed entry to check occupancy. Therefore, part of the stipulation
included the City agreeing to not enforce the warrantless searches provision; and 3) increase
the window of time to file a hardship extension application by an additional 45 days as the
process proved more complicated than originally envisioned, due to required city forms and the
need to assemble and provide voluminous information. Mr. Belmer concluded the operational
provisions such as quiet time, occupancy limits, and parking restrictions were not changed nor
was the 18-month amortization period.
DISCUSSION: Council Member Faessel questioned language provided by a public comment
speaker regarding the hosting platforms, which Senior Assistant City Attorney Kristin Pelletier
acknowledged receiving just prior to the meeting which could be reviewed to determine whether
it could comply with the Communications Decency Act. She continued the need for action by
the Council centered on representations made to the court regarding the warrantless search
provisions, but the only time-sensitive action was to allow the Planning Director to allow a
limited extension on the filing deadline as that had a direct impact on operators.
Council Member Moreno expressed his desire to table the hosting platform portion to possibly
develop better language, supported removing the warrantless searches provision, and
expressed concern about leaving the extension deadline to the discretion of the Planning
Director. Mr. Belmer stated, if approved, Council could anticipate that he would grant the
extension due to the time-frame and volume of the requested documents required from the
operators to document their need for a hardship extension, which he stated would then not
extend the amortization timeline but only the application submittal deadline which would require
the City to review the applications quickly. In response to additional concerns from Council
Member Moreno, Ms. Pelletier explained the City was not admitting fault but trying to provide
adequate time so as to not deprive owners of property rights and helping the City stave off that
type of claim.
MOTION: Mayor Tait moved to approve Item No. 39 as amended to remove Sections 4 through
7, which included regulations pertaining to hosting platforms, seconded by Mayor Pro Tem
Kring. APPROVED VOTE: 7-0. Ordinance introduced, as amended.
D114 40. RESOLUTION NO. 2016-241 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending City Council 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 Nos. 2012-
031 and 2013-151.
MOTION: Mayor Tait moved to approved Item No. 40 to include exact policy language from
April 17, 2012, seconded by Council Member Barnes.
Mayor Pro Tem Kring noted there was a provision to object to an item placed on the agenda
and questioned that process, with Mayor Tait responding this was the same policy that was
previously in place to allow the Mayor to put items on the agenda outside of a Council meeting
and the objection clause related to items requested by Council Members.
City Council Minutes of December 20, 2016
Page 18 of 29
Council Member Murray questioned the need for a different provision for the Mayor and cited
concerns about transparency if items were placed on the agenda outside of a public meeting,
with Mayor Tait responding more items could be agendized which would allow for transparency
through public discussion. Council Member Murray stated her opposition to the item due to
equal governing responsibilities stated in the Charter as well as more notice provided to
Council, staff, and the public when items were requested during a Council meeting.
Council Member Moreno stated his support for the item to restore integrity to office of the
Mayor.
Council Member Faessel requested the City Manager provide notice to the rest of Council of
any item placed on the agenda by the Mayor outside of a Council meeting. Mayor Pro Tem
Kring commented it had been common courtesy to not object to any item placed on an agenda
by a colleague and expressed concerns with transparency by adding numerous items to an
agenda with short notice, making it difficult for staff to prepare and for the public to comment.
Council Member Vanderbilt asked whether the Mayor had previously requested items for
discussion or action, stating action items are difficult to digest with short notice rather than a
discussion item that can help shape policy publically as a group.
Council Member Murray requested the removal of the objection caveat so all Council Members
would have a level playing field.
Additional discussion ensued regarding urgency issues and notification, with Mr. Emery
explaining current practice was to make an effort to provide a draft agenda to Council on
Thursday afternoon prior to the printing of the agenda packet for Friday's posting 72 hours in
advance of the meeting.
MOTION: Mayor Tait moved to approved Item No. 40 to include exact policy language from
April 17, 2012, seconded by Council Member Barnes. APPROVED VOTE: 6-1 (AYES: Mayor
Tait and Council Members Vanderbilt, Barnes, Moreno, Kring, and Faessel; NOES: Council
Member Murray).
D106 41. Increase the fiscal year 2016/17 labor budget allocated for the Mayor's Assistant by
$40,000.
DISCUSSION: Council Member Barnes reported she had researched previous actions taken by
Council on this topic and requested the creation of a full-time classification for a highly-qualified
staff person to assist the Mayor with a corresponding budget allocation to support the required
responsibilities. Council Member Barnes deferred to Council Member Murray to provide
background information. Council Member Murray explained formal budgets and staff had not
been allocated to Council offices prior to 1999/2000 and had then been formed haphazardly
over the next decade, after which Council acted to research and create classifications, require
Form 700 as a transparency measure, and an equal budget for each office that could be utilized
for one or more staff people or contract labor to support the elected official, and eliminate
pension benefits on a go-forward basis but not for those grandfathered into the system. She
continued that the budget allocation had increased from $60,000 to $71,000 over three years
due to cost-of-living increases, which she believed sufficient for part-time work, particularly in
comparison with other city employee salaries.
City Council Minutes of December 20, 2016
Page 19 of 29
Mayor Tait reported the budget for his assistant had been reduced by $40,000 during a budget
hearing, having the effect of reducing hours, leaving him with no assistance for several months.
He offered comparisons of other cities with larger mayoral staffs and expressed his need for a
full-time assistant to help with his part-time mayoral responsibilities.
MOTION: Council Member Barnes moved to approve Item No. 41, seconded by Mayor Tait.
DISCUSSION: In response to questions from Council Member Faessel, Mayor Tait confirmed
his assistant did not supervise the other Council aides but served as his chief advisor.
In response to Council Member Vanderbilt, City Manager Paul Emery reported the item as
presented was to allocate resources to allow an individual to perform full-time hours based on
their current compensation and if Council wished to pursue a limited-term, coinciding with the
term of the office holder, full-time position, staff would need to create a new classification and
come back to Council for consideration with a pay range, impacts of benefits, and a job
description; continuing that additional resources would also need to be identified to cover the
cost as the current $40,000 identified in the staff report was savings accrued as a result of a
vacancy in the City Manager/City Council department. Council Member Vanderbilt referred to
information posted on the website reflecting Council salaries and benefits, stating his belief that
funding could be available due to his own non-receipt of a salary and a voluntary pay cut by the
Mayor during the recession, with Mr. Emery replying that would have to be researched and
confirmed as those choices may have already been considered in the budget.
AMENDED MOTION: Council Member Barnes moved to approve Item No. 41 and direct staff to
return with the creation of a full-time classification for the Mayor's Assistant, seconded by Mayor
Tait. APPROVED VOTE: 5-2 (AYES: Mayor Tait and Council Members Vanderbilt, Barnes,
Moreno, and Faessel; NOES: Mayor Pro Tern Kring and Council Member Murray). Motion
carried.
AGR- 42. Discuss and provide direction to staff regarding the term of the Sponsorship Agreement
with the Anaheim Chamber of Commerce.
3434.F
Mayor Tait requested the City Manager be directed to not renew the Sponsorship Agreement
with the Anaheim Chamber of Commerce, with Council Member Moreno concurring.
Council Member Faessel stated his belief that the contract would sunset at the end of the year
with no further action but a cancellation would take 90 days, to which Mayor Tait stated the City
Manager had the authority to renew the contract upon its expiration in January 2017 without
specific direction from the Council.
MOTION: Mayor Tait moved to direct the City Manager to allow the agreement to sunset on
January 31, 2017, and direct the City Manager to not exercise renewal options.
DISCUSSION: Council Member Vanderbilt questioned other ways the City supported events,
with City Manager Paul Emery reporting in-kind donations of use of City facilities were provided
and staff could research ways to support specific event and activities that may be chosen to
continue.
City Council Minutes of December 20, 2016
Page 20 of 29
Council Member Murray expressed her opposition to the proposed actions, referencing benefits
to the community provided through the partnership with the Chamber of Commerce.
Mayor Pro Tem Kring cited the staff and expertise with the Chamber of Commerce that were not
available at the City to plan and run such events, projecting increased labor and event costs if
managed internally.
Council Member Moreno expressed his support for the item, believing the business sector could
self-support themselves through revenues raised and should not rely on City funding, and
suggested redirecting funding to the high school district's mentoring program.
Council Member Faessel inquired if Mayor Tait would support the Chamber of Commerce
should they be selected through a competitive RFP process to manage a specific event on
behalf of the City, with the Mayor responding negatively, stating his belief that the Chamber
should not contract with the City.
APPROVED VOTE: 7-0. Motion carried.
D155 43. RESOLUTION NO. 2016-242 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM rescinding Resolution No. 2015-202 establishing a Hotel
Incentive Program.
DISCUSSION: Mayor Tait announced that both he and Mayor Pro Tem Kring requested
rescission of the hotel incentive program, which was as policy Council adopted to subsidize any
4-diamond luxury hotel with 70% of collected Transient Occupancy Tax (TOT) returned to the
hotel developer, 10% going to the General Fund, and 20% to bonds in the Resort District.
Mayor Tait expressed his opposition to the policy, citing potential future impacts to the City
budget.
MOTION: Mayor Tait moved to approve Item No. 43, seconded by Mayor Pro Tem Kring.
Mayor Pro Tem Kring clarified this action would not affect those hotels already approved under
the policy but would cease the program going forward and expressed her support along with
Council Members Barnes, Moreno and Murray.
APPROVED VOTE: 7-0. Motion carried.
At 11:07 P.M, City Council recessed briefly and reconvened at 11:15 P.M.
D116 44. Discuss and direct staff to begin the process of forming a Mayoral task force for the
purposes of researching and developing a new community integration initiative entitled
Welcome Anaheim.
Deputy City Manager Greg Garcia announced this was a request from Council Member Moreno
to create a Mayoral task force for the purpose of researching and developing a community
integration initiative, Welcome Anaheim, modeled after the Welcoming America program which
sought to adopt policy tools and best practices from around the country on how to best integrate
City Council Minutes of December 20, 2016
Page 21 of 29
all members of the community, specifically new immigrants and refugees. Mr. Garcia explained
President Obama had established the Task Force on New Americans in November 2014 and
then created the Building Welcoming Communities campaign. The program offered assistance
and guidance to communities with over 70 cities and counties across the nation committed to
being a welcoming community, fostering a culture and policy environment for all newcomers to
feel valued and fully participate in their adopted hometowns. If the item before Council is
approved, Mr. Garcia reported it would authorize staff to work with the Mayor's office to form a
task force that would research and evaluate new strategies and opportunities for Anaheim to
employ as well as report recommendations and/or policy considerations to Council.
DISCUSSION: Mayor Pro Tern Kring questioned how the City would know about new residents,
with Mr. Garcia explaining staff would partner with existing non-profits and social service
agencies who were already working with refugees and new immigrants.
Council Member Moreno thanked staff stating it was important to ensure the community was
willing to engage in their public space and trust law enforcement and government, particularly in
light of recent national discourse. He reported the goal was to address not only immigrants and
refugees but also those already living in Anaheim by supporting a cross-cultural educational
process, creating networks, social change models, and inclusive environments. He requested it
as a Mayoral task force due to public knowledge and impressions of the Mayor's office and
asked for Council's support.
Council Member Murray requested more context about the program including the timing, who
the members of the task force would be, the appointment process, and how Council would be
kept apprised of activities. Council Moreno referred to the website of Welcoming America for
information on potential proclamations, confirming the values of the City, promoting the
development of localized plans to work together to ensure access to services and his belief that
the task force would bring together the best minds and practitioners to recommend how to best
provide services, assure people knew their rights, resources, and opportunities of how to
integrate communities together through programs, policy ideas, resolutions, and tools that made
sense for Anaheim. He continued that the program would provide a framework for the task
force to provide their own ideas without prescriptive direction from the Council. Council Member
Murray requested the meetings be open to the public and recorded, with information posted to
the City's website so all residents could access the information discussed.
Mayor Tait expressed support for the task force to integrate all neighbors into the fabric of the
City, specifically as 53% of the population were immigrants.
In response to Mayor Pro Tern Kring's inquiry regarding Council appointments to the task force,
Council Member Moreno stated his preference that the composition would be the choice of the
Mayor through suggestions from other Council Members, staff, and the public with the size
determined by the Mayor's office and staff for what would be manageable and able to begin
quickly.
Council Member Faessel expressed support based on available models that could be used as a
foundation rather than creating something from scratch.
Council Member Vanderbilt raised concern about providing good direction to staff and hoped
there could be more concrete discussions on ordinances, changes in specific policy, and
discussions of programs and approaches already in place throughout the City.
City Council Minutes of December 20, 2016
Page 22 of 29
Council Member Barnes reported communications she had received from residents questioning
the difference between Welcome Anaheim and a sanctuary city, with Council Member Moreno
responding the task force would provide actions that could be implemented to enhance the City
of Kindness through fairness, opportunity, pro-business effort, and economic benefits.
Council Member Murray indicated she was looking forward to learning more, reviewed previous
actions by the Council regarding immigration reform and refugees, and stated she would not
take an official position until more information was provided as it was overall not yet well-
defined.
Mayor Pro Tern Kring wanted to see how the item came back with a mission statement and
explained that deportation was a function of the Federal government, not a local process.
Council Member Vanderbilt referred to his past hesitation to get involved with international
issues, but saw a local side to this issue and requested that when the task force made
recommendations that items could be referred to the appropriate State/Federal authorities
through the City's legislative platform and that items come forward with the opportunity to fully
discuss and have tangible outcomes rather than merely symbolic functions.
MOTION: Council Member Moreno moved to approve Item No. 44, seconded by Mayor Tait:
APPROVED VOTE: 4-1-2 (AYES: Mayor Tait and Council Members Vanderbilt, Moreno, and
Faessel; NOES: Council Member Barnes; ABSTAIN: Mayor Pro Tern Kring and Council
Member Murray). Motion carried.
D175 45. Discuss and provide staff direction on a request to discontinue the Anaheim Street Car
Project.
City Manager Paul Emery reported Council had approved an amendment to the cooperative
agreement with the Orange County Transportation Agency (OCTA) whereby OCTA would take
the lead on all planning for any connection between ARTIC and the Resort District in
conjunction with the Harbor Boulevard Corridor Study. He explained a street car was only one
alternative OCTA was looking at with respect to the Harbor Boulevard Corridor Study and was
looking at links to ARTIC and multiple modes of transportation from the terminus of the
proposed Santa Ana/Garden Grove (Orange County) streetcar and connections to Fullerton.
Council Member Barnes reported that an expensive streetcar was an unpopular project with
West Anaheim residents and requested Council be on record as opposing a fixed guideway
program in Anaheim, with that information transmitted to OCTA and Federal government
representatives.
MOTION: Council Member Barnes moved to direct staff to return with a resolution stating a
fixed guideway system was not a viable transit solution in Anaheim, seconded by Mayor Tait.
DISCUSSION: Council Member Faessel offered his concurrence that a streetcar, as previously
presented, would not be effective for Anaheim in moving residents and visitors but expressed
concerns about potentially locking the City out of future conversations and projects if OCTA
determined a streetcar was the best regional transportation option for northern Orange County.
City Council Minutes of December 20, 2016
Page 23 of 29
Council Member Murray reported the final portion of the preliminary engineering and
environmental analysis was being self-funded by the Anaheim Transportation Improvement
District (ATID) to complete an amendment to the Environmental Impact Report (EIR) to prevent
potential eminent domain actions and protect the rights of hoteliers along Harbor Blvd. By
completing those documents and turning them over to OCTA, the properties would have better
protection and not be vulnerable.
Mayor Tait discussed the expense of the proposed street car at $100 million per mile and a bus
system with decreased ridership, limited routes, and increased fares. He expressed his belief
that money could be better spent to provide different transportation methods for the low-income
population that was dependent on public transit while not increasing congestion along already
crowded corridors.
Council Member Moreno commented that OCTA could approach the City in the future with
alternatives that could be considered but believed it appropriate to express a preference at this
time regarding accessible transportation.
APPROVED VOTE: 5-2 (AYES: Mayor Tait and Council Members Vanderbilt, Barnes, Moreno,
and Faessel; NOES: Mayor Pro Tern Kring and Council Member Murray). Motion carried.
D150 46. Discuss and propose direction to staff on a request to review and improve park
conditions, park programming, sports fields and other park areas within District 1 and to
conduct a full assessment of all City parks.
Brent Dennis, Community Services Director, provided an overview of parks citywide, with an
emphasis on District 1. He reported that District 1 had six of the City's 56 parks with three over
20 acres in size, as well as the Haskett Library and West Anaheim Youth Center. Additionally,
District 1 was serviced by the Bookmobile, Fun on Wheels vans, show wagon for special
events, and mobile skatepark elements. He highlighted the new skate park at Schweitzer Park,
discussions with Access California for potential use of portions of Brookhurst Park, the potential
for improvements at the Hansen Park, and a possible dog park at Maxwell Park. Mr. Dennis
reported a need for a strategic plan that addressed parks citywide to include a master plan for
dog parks, community gardens, pickleball courts, and amenities that appeal to all ages. He
explained existing challenges within the park system, including: low acreage of parks, crime and
gang activity, and aging infrastructure such as faulty irrigation systems, low water pressure, and
insufficient restroom facilities. He further reported Community Services was working closely
with Public Works on an action plan to address the 42 restrooms across 36 parks, seven of
which were in District 1, and was working to hire additional part-time janitorial staff. Mr. Dennis
concluded his presentation by recommending a comprehensive strategic plan to identify
available resources, seek grants and partnerships, more proactively repair and address
deferred maintenance, provide for best practices, and provide for modernization and flexibility in
meeting the needs of Anaheim residents.
DISCUSSION: Council Member Faessel appreciated the attention to parks and requested a
citywide approach through a strategic plan with a full review and needs assessment to help
allocate funds across all districts.
City Council Minutes of December 20, 2016
Page 24 of 29
Council Member Barnes thanked staff for their work and presentation and requested standards
be raised across the board with consideration given to hiring more staff and possibly changing
contractors.
MOTION: Mayor Tait moved to receive and file the report and direct staff to return with a
comprehensive report, with no objection, no further action was taken by the Council.
D114 47. Nominate and appoint one Council Member to serve as Mayor Pro Tem for the 2017
calendar year.
DISCUSSION: Council Member Faessel nominated Council Member Vanderbilt to serve as
Mayor Pro Tem for the 2017 calendar year, seconded by Council Member Barnes. VOTE: 7-0.
Motion carried.
Mayor Tait thanked Mayor Pro Tem Kring for her service in the role during 2016.
B105 48. Discuss and direct staff to review and restructure all city boards and commissions to
reflect the current City Council body which may result in amendments to various sections
of the Municipal Code.
DISCUSSION: Mayor Pro Tem Kring requested to continue Item No. 48 to allow for further
discussion.
MOTION: Mayor Tait moved to direct staff to return with various options for board and
commissions at a future workshop, seconded by Council Member Faessel. Vote: 7-0. Motion
carried.
B105 49. Review the list of regional agency appointments and appoint or reappoint
representatives to serve on the following regional agencies.
Anaheim Union High School District Foundation:
(RE)APPOINTMENT: (1 year term, ending December 31,
2017)
(currently held by Mayor Tom Tait)
(RE)APPOINTMENT: (1 year term, ending December 31,
2017)
(currently held by Council Member James Vanderbilt)
(RE)APPOINTMENT: (1 year term, ending December 31,
2017)
(currently held by Tom Morton, staff)
Fire Training Joint Powers Authority:
(RE)APPOINTMENT:
(currently held by Mayor Pro Tem Lucille Kring)
City Council Minutes of December 20,2016
Page 25 of 29
ALTERNATE:
(currently held by Council Member James Vanderbilt)
Four Corners Transportation Coalition:
APPOINTMENT: (3 year term, ending December 31,
2018)
(vacant, held by Jordan Brandman)
Orange County-City Hazardous (HAZMAT) Emergency Response Authority:
(RE)APPOINTMENT:
(currently held by Mayor Pro Tern Lucille Kring)
Metropolitan Water District (MWD):
(RE)APPOINTMENT:
(currently held by Council Member Stephen Faessel)
Orange County Sanitation District (OCSD):
(RE)APPOINTMENT:
(currently held by Mayor Pro Tern Lucille Kring)
ALTERNATE:
(currently held by Council Member James Vanderbilt)
Orange County Water District, District 9:
(RE)APPOINTMENT: (4 year term, ending December 4,
2020)
(currently held by Jordan Brandman)
Santa Ana River Flood Protection Agency(SARFPA):
APPOINTMENT:
(vacant, held by Jordan Brandman)
ALTERNATE:
(currently held by Rudy Emami, staff)
Southern California Association of Governments (and OCCOG):
(RE)APPOINTMENT: (2 year term, ending May
2019)
(currently held by Council Member Kris Murray)
ALTERNATE: (2 year term, ending May
2019)
(vacant, held by Jordan Brandman)
Transportation Corridor Agency, Foothill Eastern Area (TCA):
City Council Minutes of December 20,2016
Page 26 of 29
(RE)APPOINTMENT:
(currently held by Council Member Kris Murray)
ALTERNATE:
(vacant, held by Jordan Brandman)
MOTION: Mayor Tait moved to continue Item No. 49 to January 10, 2017, seconded by Council
Member Barnes.
DISCUSSION: Mayor Pro Tem Kring requested consideration of the appointment to the Orange
County Sanitation District as she had been nominated to serve as that agency's vice-
chairperson and needed to let the agency know if she would continue to serve.
APPROVED VOTE: 7-0. Item continued to January 10, 2017.
AGR 10355 50. Terminate the agreement with Arturo N. Fierro for services as the Interim City Attorney,
effective December 20, 2016.
Mayor Tait expressed his action to approve Item No. 50, amending the effective date to
December 21, 2016 and appoint Kristin Pelletier as Acting City Attorney.
DISCUSSION: Council Member Faessel requested the next step in the process, if approved,
with Mayor Tait agreeing to place selection of a permanent City Attorney on the next Closed
Session agenda.
Council Member Murray expressed her opposition to this action, citing the professional
qualifications of Interim City Attorney Arturo Fierro, the months-long recruitment and selection
process, and how it would reflect on the credibility of the City going forward. She suggested the
Council work with Mr. Fierro on a month-to-month basis as provided in his contract and evaluate
his performance rather than terminate the contract immediately for no cause.
Mayor Tait stated his opposition to the entire process and his belief that the appointment should
have been continued until after the election and considered by the district-elected Council.
Mayor Pro Tem Kring provided her perspective on the recruitment process and evaluation of
candidates, acknowledged Mr. Fierro's qualifications, and disagreed with the timing of the
proposed termination.
Council Member Faessel provided his ethical perspective about circumstances surrounding the
selection of the Interim City Attorney and approval of the employment contract and stated he
would vote in favor of the item in the interest of the City, expressing regret that this situation
occurred.
Mayor Pro Tem Kring provided information about previous Council Member Brandman's Policy
Aide who no longer was connected to the City in any way, believing no cloud existed. Council
Member Murray confirmed Council Member Brandman had disclosed any relationship early in
the process and legal counsel had not been concerned.
City Council Minutes of December 20, 2016
Page 27 of 29
Council Member Faessel referred to AB1234 ethics training that even the perception is basically
reality and that to serve the public's interest ethically, high standards were required, noting the
timing of the appointment was not his concern but the ethical question.
Council Member Moreno stated both the timing and the ethics affected his decision and wished
the appointment had been continued to avoid the current situation, expressing his regret but that
he would support the termination of the contract.
Council Member Vanderbilt requested the termination date be amended to December 31, 2016
in recognition of the holiday season.
MOTION: Mayor Tait moved to terminate the agreement with Arturo N. Fierro for services as
the Interim City Attorney, effective December 31, 2016 and appoint Kristin Pelletier as Acting
City Attorney, seconded by Council Member Moreno. APPROVED VOTE: 5-2 (AYES: Mayor
Tait and Council Members Vanderbilt, Barnes, Moreno, and Faessel; NOES: Mayor Pro Tern
Kring and Council Member Murray). Motion carried.
PUBLIC HEARINGS:
At 1:11 A.M, the public hearings were considered.
M142 51. This a public hearing to consider the adoption of an ordinance regarding the adoption of
the 2016 Edition of the California Building Standards Codes known as California Code of
Regulations, Title 24 and the 2016 California Fire Code.
ORDINANCE NO. 6392 (ADOPTION)AN ORDINANCE OF THE CITY OF
ANAHEIM repealing Chapters 15.03 and adding new Chapter 15.03 to Title 15 of the
Anaheim Municipal Code pertaining to the California Building Standards Codes, and
repealing existing Chapter 16.08 and adding new Chapter 16.08 to Title 16 of the
Anaheim Municipal Code pertaining to the California Fire Code (Introduced at the
Council meeting of November 22, 2016, Item No. 37).
Determine that the proposed ordinance constitutes a project falling within the definition
of categorical exemptions, Section 15061(b)(3), as defined in the State CEQA
Guidelines and is, therefore, categorically exempt from environmental review.
MOTION: Mayor Tait moved to table Public Hearing Item No. 51, seconded by Mayor Pro Tern
Kring. APPROVED VOTE: 7-0. Motion carried.
52. Applicant requests continuance to February 28, 2017.
P178
MISCELLANEOUS CASE NO. 2013-00575
TENTATIVE TRACT MAP NO. 18046
(DEV2013-00028A)
Location: 2726 West Lincoln Avenue
City Council Minutes of December 20, 2016
Page 28 of 29
Request: The applicant proposes the following entitlements: (i) a City Council
determination of conformance with the Density Bonus Code to construct a 35-unit
condominium complex with affordable units and Tier 2 development incentives
allowing reduced building setbacks; and, (ii) a Tentative Tract Map to establish a 1-
lot, 35 unit attached condominium subdivision.
Environmental Determination: The City Council will consider whether to find the project
to be categorically exempt from the provisions of the California Environmental Quality Act
and Guidelines as a Class 32 (In-Fill Development Projects) Categorical Exemption.
ACTION TAKEN BY THE PLANNING COMMISSION:
Motion to approve Miscellaneous Case No. 2013-00575, and Tentative Tract Map No.
18046 Vote: 2-4 (Commissioners Henninger and Lieberman voted yes. Commissioners
Caldwell, Carbajal, Dalati and Seymour voted no. Commissioner Bostwick was absent.)
Motion Failed. Motion to deny the project. Vote: 4-2 (Commissioners Caldwell, Carbajal,
Dalati and Seymour voted yes. Commissioners Henninger and Lieberman voted no.
Commissioner Bostwick was absent.) Motion Carried. (Planning Commission meeting of
October 17, 2016) (Appealed by AMG & Associates, LLC) (Continued from Council
meeting of November 22, 2016).
Public Hearing Item No. 52 was continued to February 28, 2017 at the request of the applicant.
C350 53. Withdrawn by staff.
Public hearing to consider the approval of the Mitigated Negative Declaration for the
Lincoln Avenue Widening Project from West Street to Harbor Boulevard and determine
the project will have no significant environmental impact in compliance with Section
15070 of State of California Environmental Quality Act guidelines.
Public Hearing Item No. 53 was withdrawn by staff. No action was taken by the City Council.
REPORT ON CLOSED SESSION ACTIVITES: None.
COUNCIL COMMUNICATIONS:
Mayor Pro Tem Kring wished everyone a Merry Christmas and announced Policy Aide,
Margaret Hoein, would be relocating out of state and acknowledged her work and dedication,
wishing her well with her move.
Council Member Moreno wished everyone Happy Holidays and expressed his appreciation for
districts.
Council Member Barnes thanked everyone for the district elections process.
Council Member Faessel spoke to the family aspect of the holiday season and requested the
meeting be adjourned in the memory of Genevieve Thill.
Mayor Tait announced his attendance at the Change of Command ceremony for the 13th Marine
Expeditionary Unit and thanked them for their service to the country.
City Council Minutes of December 20, 2016
Page 29 of 29
ADJOURNMENT:
At 1:16 A.M., with no objection, Mayor Tait adjourned the December 20, 2016 meeting in
memory of Genevieve Thill.
R fully submitted,
Linda N. Andal, CMC
City Clerk